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Magic Carpet Shuttle Inc; 2024-07-01; PSALCA-24015CA
DocuSign Envelope ID: 6E23EBD0-0672-49BB-90EF-C232167E3C5D PSALCA-24015CA AGREEMENT FOR CHARTER TRANSPORTATION SERVICES MAGIC CARPET SHUTTLE, INC. THIS AGREEMENT is made and entered into as of the� day of July 2024, by and between the City of Carlsbad, California, a municipal corporation {"City"} and Magic Carpet Shuttle, Inc., a California Corporation, {"Contractor''} {collectively, the "Parties"}. RECITALS A.City requires the professional services of a consultant that is experienced in transporting concertgoers between TGIF Concerts in the Parks series venues and designated parking lots. B.Contractor has the necessary experience in providing professional services and advice related to transportation services. C.Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1.SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services {the "Services") that are defined in attached Exhibit "A," which is incorporated by this reference in accordance with this Agreement's terms and conditions. 2.STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3.TERM The initial term of this Agreement will be effe�tive for a period of one {1) year from the date first above written. The City Manager may amend the Agreement to extend it for four {4) additional one (1) year terms or parts thereof. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4.TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5.COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term shall not exceed twenty-five thousand six hundred twenty-five dollars ($25,625). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. If the City elects to extend the Agreement, the amount shall not exceed twenty-six thousand dollars ($26,000) per Agreement year. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A." Page 1 City Attorney Approved Version 12/22/2023 OocuSign Envelope ID: 6E23EBD0-0672-49BB-90EF-C232167E3C5O PSALCA-24015CA Incremental payments, if applicable, should be made as outlined in attached Exhibit "A." 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City's election, City may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 9. INDEMNIFICATION Contractor agrees to defend (with counsel approved by the City), indemnify, and hold harmless the City and its officers, elected and appointed officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. Page 2 City Attorney Approved Version 12/22/2023 DocuSign Envelope ID: 6E23EBD0-0672-49BB-90EF-C232167E3C5D PSALCA-24015CA 10. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insu rer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best's Key Rating Guide of at least "A:X"; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. 10.1 Coverages and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. 10.1.1 Commercial General Liability (CGL) Insurance. Insurance written on an "occurrence" basis, including personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applie's, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 10.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for City). $2,000,000 combined single-limit per accident for bodily injury and property damage. 10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 10.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 10.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. Page 3 City Attorney Approved Version 12/22/2023 DocuSign Envelope ID: 6E23EBD0-0672-49BB-90EF~C232167E3C5D PSALCA-24015CA 10.2.3 This insurance will be in fore~ during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions ofthis Agreement. 10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 10.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. 11. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor's records. 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. Page 4 City Attorney Approved Version 12/22/2023 DocuSign Envelope ID: 6E23EBD0-0672-49BB-90EF-C232167E3C5D PSALCA-24015CA 15. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement are: For Cit~: For Contractor: Name Fiona Everett Name Jomara Gonzalez Title Sr. Management Analyst Title CEO/ CFO Dept Library & Cultural Arts Address 3439 Lake Circle Drive CITY OF CARLSBAD Fallbrook, CA 92028 Address 1775 Dove La ne Phone 760-712-6220 Carlsbad, CA 92011 Email info@ridemagicshuttle.com Phone 442-339-2014 Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 16. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests as required in the City of Carlsbad Conflict of Interest Code. Yes □ No IZI 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Con_tractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 18. CALIFORNIA AIR RESOURCES BOARD (CARB) ADVANCED CLEAN FLEETS REGULATIONS Contractor's vehicles with a gross vehicle weight rating greater than 8,500 lbs. and light-duty package delivery vehicles operated in California may be subject to the California Air Resources Board (CARB) Advanced Clean Fleets regulations. Such vehicles may therefore be subject to requirements to reduce emissions of air pollutants. For more information, please visit the CARB Advanced Clean Fleets webpage at https:/ /ww2.arb.ca.gov/our-work/programs/advanced-clean-fleets. 19. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. Page 5 City Attorney Approved Version 12/22/2023 DocuSign Envelope ID: 6E23EBD0-0672-49BB-90EF-C232167E3C5D PSALCA-24015CA 20. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 21. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. lfCity decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the fin a I payment of the Agreement. City may terminate this Agreement by tendering thirty (30) days written notice to Contractor. Contractor may terminate this Agreement by tendering thirty (30) days written notice to City. In the event of termination of this Agreement by either party and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 22. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 23. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must b.e asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public City Attorney Approved Version 12/22/2023 Page 6 DocuSign Envelope ID: 6E23EBD0-0672-49BB-90EF-C232167E3C5D PSALCA-24015CA entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 24. JURISDICTION AND VENUE This Agreement will be governed by the laws of the State of California regardless of Conflict of Laws principles. Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 25. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 26. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. This Agreement may be executed in counterparts. City Attorney Approved Version 12/22/2023 Page 7 DocuSign Envelope ID: 6E23EBD0-0672-49BB-90EF-C232167E3C5D PSALCA-2401 SCA 27. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. Executed by Contractor this_7 ____ day of _M_a_Y _______ __, 20~. CONTRACTOR Magic Carpet Shuttle, Inc., a California corporation (sign here) JOMARA GONZALEZ, CEO/CFO (print name/title) (sign here) MANUEL GONZALEZ JR ., Secretary (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California By: s V!'Jttl,,l,,IA,t, s ~ i&,S¢1A, SUZANNE SMITHSON Library & Cultural Arts Director as authorized by the City Manager ATTEST: For SHERRY FREISINGER, City Clerk By: f iwil>to.. F1vt.t,Ji~, {jf~ (M $ U'W(,t,S Oivul-l>V' Deputy City Clerk If required by City, proper notarial acknowledgment of execution by contractor must be attached. !f..g_ corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: For CINDIE K. McMAHON, City Attorney BY: a""4Ji ~ Deputy City Attorney City Attorney Approved Version 12/22/2023 Page 8 DocuSign Envelope ID: 6E23EBD0-0672-49BB-90EF-C232167E3C5D PSALCA-24015CA EXHIBIT A SCOPE OF SERVICES AND FEE Contractor will provide shuttle service for the City in support of the TGIF Concerts in the Parks series each Friday from July 19, 2024 to August 16, 2024. 1. CONTACT INFORMATION Contractor CEO Jomara Gonzalez, 760-712-6220, info@ridemagicshuttle.com City • Sr. Management Analyst Fiona Everett, 442-339-2014, fiona.everett@carlsbadca.gov • TGIF Concerts in the Parks Series: Program & Venue Coordinator Thomas Johnston, 442-339-2093, thomas.johnston@carlsbadca.gov • Cultural Arts Administration Office 442-339-2090 2. TRANSPORTATION SERVICES/ MONETARY FEES Three (3) pax coaches ADA compliant that will provide continuous transporting of concertgoers between concert location and designated parking lot. Coaches will arrive by 3 p.m. with estimated completion time of 10 p.m. All event days include a transportation coordinator to be on-site and available via phone. Services include delivery of coaches, operation, patron assistance, and removal of all contract supplies and equipment from shuttle locations at the conclusion of the day. July 19, 2024, July 26, 2024, August 2, 2024 Calavera Hills Community Park 2997 Glasgow Drive, Carlsbad, CA $15,375 Three (3) 30-Passenger Coaches for each concert date@ $5,125 each August 9, 2024, August 16, 2024 Alga Norte Community Park 6565 Alicante Road, Carlsbad, CA $10,250 Three (3) 30-Passenger Coaches for each concert date @ $5,125 each Total $25,625 3. GENERAL DETAILS • All professional bus transportation services will be operated by employees of Contractor. • Coaches shall be cleaned inside and out as necessary, and repairs to visible body damage, inside and/or out, shall be made after such damage occurs and before used to perform the Services herein. • COVID-19 Industry Guidance: Contractor shall comply with all applicable federal, state, and county industry guidance applicable to bus transportation services and school buses, available at https://covid19.ca.gov/industry-guidance. Applicable industry guidance includes, but is not limited to, the following: City Attorney Approved Version 12/22/2023 Page 9 DocuSign Envelope ID: 6E23EBD0-0672-49BB-90EF-C232167E3CSD PSALCA-2401 SCA o Contractor shall thoroughly clean and disinfect buses daily. Frequently touched surfaces on buses shall be cleaned and disinfected at least daily and, as practicable, frequently throughout the field trip. Frequently touched surfaces include, but are not limited to, seats, arm rests, door handles, seat belt buckles, light and air controls, walls, and windows, grab handles, pull- chords and buttons used by riders to request a stop. All areas of drivers' cab shall be cleaned between shifts or users, whichever is more frequent. Contractor shall use cleaning chemicals approved by the Environmental Protection Agency (EPA) for use against COVID-19, a list of approved chemicals is available at https:llwww.epa.gov1pesticide-registrationl1ist-n- d is i nfecta nts-use-aga i nst-sa rs-cov-2-covid-19. • Regular preventative maintenance, as approved by the manufacturer, shall be practiced on all transportation coaches. Maintenance records for said transportation coaches shall be made available to City on reasonable notice. • Spare coaches of appropriate sizes, and meeting all requirements herein, shall be located by the Contractor at points close enough to City so they may be substituted for regularly assigned coaches, if needed, to not cause any delay about the Services to be provided herein. • Regular preventative maintenance, as recommended by the manufacturer, shall be performed on all buses. Maintenance records for said coaches shall be made available to City on request by the City. • Coaches for use in this Agreement shall not be more than fourteen (14) years old (as measured from the date of manufacture of the bus) at the commencement of Services under the terms of this Agreement. 4. INVOICING/ PAYMENT All invoices submitted to Cultural Arts Manager or designee and shall be sufficiently detailed to include related activities, hourly or trip rate and total costs. Final invoice approval will be completed by the City's Library & Cultural Arts Director or designee. II II II II Page 10 City Attorney Approved Version 12/22/2023 DocuSign Envelope ID: 6E23EBD0-0672-49BB-90EF-C232167E3C5D NOTICE OF COVERAGE CHANGES INSURED: MAGIC CARPET SHUTTLE INC COMPANY: National Liability & Fire Insurance Company RENEWAL POLICY#: EXPIRING POLICY #: 73 APR 411658 -02 73 APR 411658 -01 POLICY TERM: POLICY TERM: 12/03/2023 12/03/2022 to 12/03/2024 to 12/03/2023 This insurance policy, which is a renewal of the expiring policy listed above, has changes in coverage initiated by the Company. The changes in coverage are listed below. TO UNDERSTAND YOUR POLICY AND THESE CHANGES, PLEASE READ YOUR POLICY CAREFULLY. If you have any questions, please contact your insurance agent. RENEWAL POLICY CHANGES: M-5279a (10/2007) M-5279a (10/2007) DocuSign Envelope ID: 6E23EBD0-0672-49BB-90EF-C232167E3C5D National Liability & Fire Insurance Company A STOCK COMPANY COMMERCIAL POLICY Report ALL Accidents To: IMPORTANT NOTICE TO AUTOMOBILE POLICYHOLDERS 1-800-356-5750 If any new or replacement drivers are hired during the term of this policy, notify the company immediately. Failure to do so may result in termination of your policy. 24 Hour M-4600a (04/2003) Toll Free THESE POLICY PROVISIONS WITH THE DECLARATIONS PAGE, COVERAGE FORM AND ENDORSEMENTS, IF ANY, COMPLETE THIS POLICY. THIS POLICY IS A LEGAL CONTRACT BETWEEN THE POLICY OWNER AND THE COMPANY. READ YOUR POLICY CAREFULLY 08/16/2023 Page 1 of 3 DocuSign Envelope ID: 6E23EBD0-0672-49BB-90EF-C232167E3C5D COMMON POLICY CONDITIONS All Coverages included in this policy are subject to the following conditions: A. CANCELLATION 1. The first Named Insured shown in the Declarations may cancel this policy by mailing or delivering to us advance written notice of cancellation. 2. We may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation at least: a. 10 days before the effective date of cancellation if we cancel for nonpayment of premium; or b. 10 days before the effective date of cancellation if we cancel for any other reason. 3. We will mail or deliver our notice to the first Named lnsured's last mailing address known to us. 4. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date at 12:01 a.m. unless another time is stated on the cancellation notice. 5. If this policy is cancelled, we will send the first Named Insured any premium refund due. If we cancel, the refund will be pro rata. If the first Named Insured cancels, the refund may be less than pro rata. The cancellation will be effective even if we have not made or offered a refund . 6. If notice is mailed, proof of mailing will be sufficient proof of notice. B. CHANGES This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declarations is authorized to make changes in the terms of this policy with our consent. This policy's terms can be amended or waived only by endorsement issued by us and made a part of this policy. C. EXAMINATION OF YOUR BOOKS AND RECORDS We may examine and audit your books and records as they relate to this policy at any time during the policy period and up to three years afterward. M-4600a (04/2003) D. INSPECTIONS AND SURVEYS We have the right but are not obligated to: 1. Make inspections and surveys at any time; 2. Give you reports on the condition we find; and 3. Recommend changes. Any inspections, surveys, reports or recommendations relate only to insurability and the premiums to be charged. We do not make safety inspections. We do not undertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions: 1. Are safe or healthful; or 2. Comply with laws, regulations, codes or standards. This condition applies not only to us, but also to any rating, advisory, rate service or similar organization which makes insurance inspections, surveys, reports or recommendations. E. PREMIUMS The first Named Insured shown in the Declarations: 1. Is responsible for the payment of all premiums; and 2. Will be the payee for any return premiums we pay. F. TRANSFER OF YOUR RIGHTS AND DUTIES UNDER THIS POLICY Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual named insured. If you die, your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representative. Until your legal representative is appointed, anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. Page 2 of 3 DocuSign Envelope ID: 6E23EBD0-0672-49BB-90EF-C232167E3C5D NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT 1. The insurance does not apply: A. Under any Liability Coverage, to "bodily injury" or "property damage": ( 1) With respect to which an "insured" under the policy is also an insured under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association , Mutual Atomic Energy Liability Underwriters, Nuclear Insurance Association of Canada or any of their successors, or would be an insured under any such policy but for its termination upon exhaustion of its limit of liability; or (2) Resulting from the "hazardous properties" of "nuclear material" and with respect to which (a) any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof, or (b) the "insured" is, or had this policy not been issued would be, entitled to indemnity from the United States of America, or any agency thereof, under any agreement entered into by the United States of America, or any agency thereof, with any person or organization. B. Under any Medical Payments coverage, to expenses incurred with respect to "bodily injury" resulting from the "hazardous properties" of "nuclear material" and arising out of the operation of a "nuclear facility" by any person or organization. C. Under any Liability Coverage, to "bodily injury" or "property damage" resulting from the "hazardous properties" of "nuclear material," if: (1) The "nuclear material" (a) is at any "nuclear facility" owned by, or operated by or on behalf of, an "insured" or (b) has been discharged or dispersed therefrom. (2) The "nuclear material" is contained in "spent fuel" or "waste" at any time possessed, handled, used, processed, stored, transported or disposed of by or on behalf of an "insured"; or (3) The "bodily injury" or "property damage" arises out of the furnishings by an "insured" of services, materials, parts or equipment in connection with the planning, construction, maintenance, operation or use of any "nuclear facility," but if such facility is located within the United States of America, its territories or possessions or Canada, this exclusion (3) applies only to "property damage" to such "nuclear facility" and any property thereat. M-4600a (04/2003) (Broad Form) 2. As used in this endorsement: "Hazardous properties" include radioactive, toxic or explosive properties; "Nuclear material" means "source material," "Special nuclear material" or "by-product material"; "Source material," "special nuclear material," and "by-product material" have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof; "Spent fuel" means any fuel element or fuel component, solid or liquid, which has been used or exposed to radiation in a "nuclear reactor"; "Waste" means any waste material (a) containing "by-product material" other than the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its "source material" content, and (b) resulting from the operation by any person or organization of any "nuclear facility" included under the first two paragraphs of the definition of "nuclear facility." "Nuclear facility" means: (a) Any "nuclear reactor"; (b) Any equipment or device designed or used for ( 1) separating the isotopes of uranium or plutonium, (2) processing or utilizing "spent fuel," or (3) handling, processing or packaging "waste"; (c) Any equipment or device used for the processing, fabricating or alloying of "special nuclear material" if at any time the total amount of such material in the custody of the "insured" at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof, or more than 250 grams of uranium 235; (d) Any structure, basin, excavation, premises or place prepared or used for the storage or disposal of "waste"; and includes the site on which any of the foregoing is located, all operations conducted on such site and all premises used for such operations. "Nuclear reactor" means any apparatus designed or used to sustain nuclear fission in a self-supporting chain reaction or to contain a critical mass of fissionable material; "Property damage" includes all forms of radioactive contamination of property. Page 3 of 3 DocuSign Envelope ID: 6E23EBD0-0672-49BB-90EF-C232167E3C5D 73 APR 411658 -02 California Notice of Collection This notice applies to the U.S. operations of the following companies: Berkshire Hathaway Assurance Corporation, Berkshire Hathaway Homestate Insurance Company, Berkshire Hathaway Specialty Insurance Company, BHHC Special Risks Insurance Company, BHHC Specialty Risk LLC, Columbia Insurance Company, Continental Divide Insurance Company, Cypress Insurance Company, National Fire & Marine Insurance Company, National Indemnity Company, National Indemnity Company of Mid-America, National Indemnity Company of the South, National Liability & Fire Insurance Company, Northern States Agency, Oak River Insurance Company, Redwood Fire and Casualty Insurance Company and Ringwalt & Liesche Co. (collectively, "we," "us," or "our"). We provide this notice to comply with the California Consumer Privacy Act of 2018 and the California Privacy Rights Act of 2020 (Title 1.81.5 (commencing Section 1798.100) of the California Civil Code) (the "CCPA"). This notice applies solely to individuals who reside in California ("consumers," "you," or "your") and only to the extent that the CCPA applies. Any terms defined in the CCPA have the same meaning when used in this notice. The following table identifies the categories of personal information we may collect about you : Category Identifiers such as real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, social security number, driver's license number, passport number, or other similar identifiers Any of personal information described in Cal. Civ. Code§ 1798.80(e) such as name, signature, social security number, physical characteristics or description, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information Characteristics of protected classifications under California or federal law, such as race, creed, color, religion, national origin, ancestry, citizenship status, physical disability, mental disability, protected medical condition as defined by applicable state or local law, genetic information, marital status (including registered domestic partnership status), sex or gender (including pregnancy, childbirth, lactation, and related medical conditions), gender identity or gender expression (including transgender status), age , sexual orientation, military and veteran status, or reproductive health decision making Commercial information, including records of personal property, products or services purchased, obtained, or considered, or other purchasinq or consuminq histories or tendencies Biometric information, such as retina scans, fingerprints, faceprints, handprints, palmprints, vein patterns, voice recordings, voiceprints, keystroke patterns or rhythms, gait patterns or rhythms, and sleep, health, or exercise data Internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding a consumer's interaction with an internet website, aoolication, or advertisement Geolocation data Audio, electronic, visual, thermal, olfactory, or similar information Professional or employment-related information Education information, meaning information that is not publicly available "personally identifiable information" as defined in the Family Educational Rights and Privacy Act (20 U.S .C. § 12329; 34 C.F.R. Part 99), such as student name, parent or other family member names, student or family address, social security number, student number, biometric record, date of birth, place of birth, or mother's maiden name Inferences drawn from other personal information to create a profile about a consumer reflecting the consumer's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes Social security, driver's license, state identification card, or passport number Account log-in, financial account, debit card, or credit card number in combination with any required security or access code, password, or credentials allowinq access to an account Precise qeolocation Racial or ethnic oriqin, reliqious or philosophical beliefs, or union membership The contents of a consumer's mail, email, and text messages unless we are the intended recipient of the communication Personal information that reveals a consumer's genetic data Personal information collected and analyzed concerning a consumer's health Personal information collected and analyzed concerning a consumer's sex life or sexual orientation M-5969 (01/2023) Page 1 of 2 08/16/2023 DocuSign Envelope ID: 6E23EBD0-0672-49BB-90EF-C232167E3C5D California Notice of Collection Depending on your relationship with us, we may or may not collect every category of personal information identified. We may collect personal information about you for the following purposes: • To operate, manage, and maintain our business, such as providing quotes for insurance, processing applications (either for insurance or for employment), establishing and servicing policies, claims handling, providing customer support, and furnishing other insurance services. • To assess and improve our product and service offerings, including the development of new products and services. • To perform data analysis. • To conduct marketing activities. • To detect and prevent fraud and other prohibited or illegal activity. • To maintain and enhance the security and safety of our systems, data, and workplace. • To hire qualified employees and maintain our workforce. • To comply with legal obligations and policies. • To bring and defend claims. • For other purposes as permitted by law or to which the consumer consents. We retain personal information for at least the minimum period required by law. We do not sell or share personal information. For further information about our privacy practices, please see our California Consumer Privacy Policy at https://www.nationalindemnity.com/california-privacy.html. M-5969 (01/2023) Page 2 of 2 DocuSign Envelope ID: 6E23EBD0-0672-49BB-90EF-C232167E3C5O CALIFORNIA COMMERCIAL/FLEET INSURANCE IDENTIFICATION CARD Company Name: National Liability & Fire Insurance Company Company Address : 1314 Douglas Street, Suite 1400 Omaha. NE 68102-1944 NAIC No.: 20052 Name of Policyholder: MAGIC CARPET SHUTTLE INC DBA GIRLS DAY OUT Address of Policyholder: Policy No. 73APR411658-02 3439 LAKE CIRCLE DRIVE FALLBROOK, CA 92028 Effective Date 12/03/2023 12:01 AM Vehicle Year Make/Model 2020 MERCEDES BENZ SPRINTER Expiration Date 12/03/2024 12:01 AM Vehicle Identification No. W1Z4EGHY9LT029769 The policy meets the requirements of the California Vehicle Code Sections 16056 or 16500.5 and is a commercial or fleet policy. M-4566a (11/1999) • • • • • • • • CUTi\:tONG ·THISUNE • • • • • • • • • • • • • • • • • • • • • CALIFORNIA COMMERCIAL/FLEET INSURANCE IDENTIFICATION CARD Company Name: Company Address: NAIC No.: Name of Policyholder: Address of Policyholder: Policy No. 73APR411658-02 National Liability & Fire Insurance Company 1314 Douglas Street, Suite 1400 Omaha, NE 68102-1944 20052 MAGIC CARPET SHUTTLE INC DBA GIRLS DAY OUT 3439 LAKE CIRCLE DRIVE FALLBROOK, CA 92028 : Effective Date 12/03/2023 12:01 AM Expiration Date 12/03/202412:01 AM Vehicle Year Make/Model Vehicle Identification No. W1Z4EGHY9LT029769 2020 MERCEDES BENZ SPRINTER The policy meets the requirements of the California Vehicle Code Sections 16056 or 16500.5 and is a commercial or fleet policy. M-4566a (11/1999) VERY IMPORTANT -Please Read In the event of accident, be sure to secure license number of the other vehicle, also full names and addresses of all other persons in the accident. : Also, write down full names and addresses of all witnesses. : Report at once full details of accidents to your insurance : company's Claim Operations, PO BOX 31361, Omaha, NE : 68131-0361. Toll Free 1-800-356-5750 (This identification card should be kept in your vehicle.) ................. ·cu,ALONG"TIIlS"UNE ........... . VERY IMPORTANT -Please Read In the event of accident, be sure to secure license number of the other vehicle, also full names and addresses of all other persons in the accident. Also, write down full names and addresses of all witnesses. Report at once full details of accidents to your insurance company's Claim Operations, PO BOX 31361, Omaha, NE 68131-0361. Toll Free 1-800-356-5750 (This identification card should be kept in your vehicle.) ..................... CUTi\:tONG ,ms LINE ......................... -·-.................. -CUT"ALONG "TlllSUNE .................... . 08/16/2023 DocuSign Envelope ID: 6E23EBD0-0672-49BB-90EF-C232167E3C5D 73APR411658-01 RENEWAL NUMBER CROSS REFERENCE NUMBER 73 APR 411658 -02 ITEM ONE NAMED INSURED & ADDRESS MAGIC CARPET SHUTTLE INC DBA GIRLS DAY OUT 3439 LAKE CIRCLE DRIVE FALLBROOK, CA 92028 POLICY PERIOD: Policy covers FROM NATIONAL LIABILITY & FIRE INSURANCE COMPANY STAMFORD, CONNECTICUT BUSINESS AUTO COVERAGE DECLARATIONS D The Declarations include a second part designated "Part 2". Producer Cesar S Gerardo Insurance Brokers Inc 26120 Eden Landing Road Ste. 5 Hayward, CA 94545 FORM OF NAMED INSURED'S BUSINESS: Corporation NAMED INSURED'S BUSINESS: SCHOOL SHUTTLE/WINE TOURS 12/03/2023 12:01 AM TO 12/03/2024 ITEM TWO -SCHEDULE OF COVERAGES AND COVERED AUTOS 12:01 A.M. Standard Time at the Named lnsured's Address stated above. This policy provides only those coverages where a charge is shown in the premium column below. Each of these coverages will apply only to those "autos" shown as covered "autos". "Autos" are shown as covered "autos" for a particular coverage by the entry of one or more of the symbols from the COVERED AUTO Section of the Business Auto Coverage Form next to the name of the coverage . COVERED AUTOS (Entry of one or more of the LIMIT OF INSURANCE symbols from the COVERED COVERAGES AUTOS Section of the THE MOST WE WILL PAY FOR ANY ONE PREMIUM Business Auto Coverage ACCIDENT OR LOSS Form shows which autos are covered autos) LIABILITY 7 $ 1,500,000 CSL $ 8,004 PERSONAL INJURY PROTECTION SEPARATELY STATED IN EACH P.I.P. ENDORSEMENT MINUS (P. I. P.) (or eauivalent No-fault coveraae) $ Deductible $ ADDED P.I.P. (or equivalent added No-fault cov.) SEPARATELY STATED IN EACH ADDED P.I.P. ENDORSEMENT $ PROPERTY PROTECTION INSURANCE SEPARATELY STATED IN THE P.P.I. ENDORSEMENT MINUS (P.P.I.) (Michiaan onlv) $ Deductible FOR EACH ACCIDENT $ AUTO MEDICAL PAYMENTS $ $ UNINSURED MOTORISTS 10 $ 60,000 CSL (Bl Only) $ 162 UNDERINSURED MOTORISTS (when not included in Uninsured Motorists coverage) $ $ PHYSICAL DAMAGE INSURANCE COMPREHENSIVE COVERAGE 7 $ See M 5958 (09/2019) $ INCL SPECIFIED CAUSES OF LOSS $ $ COLLISION COVERAGE 7 $ S~e M 5958 (09/2019) $ 1,225 TOWING AND LABOR $ Deductible FOR EACH COVERED AUTO $ FORMS AND ENDORSEMENTS CONTAINED IN THIS POLICY AT ITS INCEPTION PREMIUM FOR ENDORSEMENTS $ 320 See M4572 (12/1994) ESTIMATED TOTAL PREMIUM $ 9,711 ENTER SYMBOL 10 DESCRIPTION HERE: Symbol 10 -Only those autos described in Item Three of the Declarations with Liability premium shown. POLICY SUBJECT TO A FULLY EARNED POLICYWRITING MINIMUM PREMIUM OF $ 0 IF CANCELLED BY THE INSURED. ITEM THREE -SCHEDULE OF COVERED AUTOS AS ATTACHED Countersigned At ~:~::~:.~~iescheCo.dbaPfftB3~~S1~~TI by Gina Lary 10/16/2023 ----------------------By-------------------------- AUTHORIZED SIGNATURE In Witness whereof, we have caused this policy to be executed and attested. Secretary President M-5605 (02/2011) 08/16/20231 DocuSign Envelope ID: 6E23EBD0-0672-49BB-90EF-C232167E3C5D POLICY# IN SURED EFFECTIVE M 4600a M 5605 M 4572 M 5171 CA 0001 M 5872 M 5958 CA 2154 M 5804 CA 0143 M 5479 CA2402 IL 0270 M 5887 M 3795 M4803 M-4572 (12/94) SCHEDULE OF FORMS AND ENDORSEMENTS AT POLICY INCEPTION 73 APR 411658 -02 MAGIC CARPET SHUTTLE INC 12/03/2023 12:01 AM 04/2003 02/2011 12/1994 06/2004 10/2013 04/2017 09/2019 11/2016 08/2014 05/2007 04/2010 10/2013 09/2012 08/2017 03/1987 02/1998 Commercial Policy Jacket Business Auto Coverage Declarations Schedule of Forms and Endorsements at Policy Inception Schedule of Covered Autos Business Auto Coverage Form Changes to Common Policy Conditions -Cancellation Stated Amount Insurance -California California Uninsured Motorists Coverage -Bodily Injury Uninsured Motorists Coverage Amendatory Endorsement California Changes Towing and Storing Costs Public Transportation Autos California Changes -Cancellation And Nonrenewal Additional Insured Endorsement Punitive Damage Exclusion Duty to Defend Amendment Abuse or Molestation Exclusion Form Version 041001 08/16/2023 DocuSign Envelope ID: 6E23EBD0-0672-4988-90EF-C232167E3CSD SCHEDULE OF COVERED AUTOS M-5171 (06/2004) POLICY NUMBER: 73 APR 411658 -02 EFFECTIVE DATE: 12/03/2023 12:01 AM NAMED INSURED: MAGIC CARPET SHUTTLE INC Policy-Level Coverages The premium charge for Uninsured Motorist Coverage is a policy charge; Uninsured Motorist Coverage: separate premium charges are not made for individual covered autos. Underinsured Motorist Coverage: Other: Year Make & Model VIN Use• Radius Garaging , Garaging City, State GVWor (C/S/Rl Territory Seating Cap. Vehicle# Liability Medical Payments Premium Personal Injury Protection Additional Insured Premium In-Tow Premium Cargo Premium Premium Premium Stated Limit Specified Causes (S) or Specified Causes or Specified Causes or Collision Premium Collision Deductible orACV Comorehensive fCl Comorehensive Premium Comorehensive Deductible 2020 MERCEDES BENZ W1Z4EGHY9LT029769 C 100 Miles 42 FALLBROOK. CA 14 Seats SPRINTER 1 8.004 75,000 C Incl 1000 Ded 1.225 1000 Ded •use (C = Commercial, S = Service, R = Retail) 08/16/2023 M-5171 (06/2004) DocuSign Envelope ID: 6E23EBD0-0672-49BB-90EF-C232167E3C5D Policy Number 73 APR 411658 -02 COMMERCIAL AUTO CA 00 01 10 13 BUSINESS AUTO COVERAGE FORM Variou s provIsIons in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. SECTION I -COVERED AUTOS Item Two of the Declarations shows the "autos" that are covered "autos" for each of your coverages. The following numerical symbols describe the "autos" that may be covered "autos". The symbols entered next to a coverage on the Declarations designate the only "autos" that are covered "autos". Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations. The words "we", "us" and "our" refer to the company providing this insurance. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V - Definitions. A. Description Of Covered Auto Designation Symbols Symbol Description Of Covered Auto Designation Symbols 1 Any "Auto" 2 Owned "Autos" Only those "autos" you own (and for Covered Autos Liability Coverage any Only "trailers" you don't own while attached to power units you own). This includes those "autos" you acquire ownership of after the policy begins. 3 Owned Private Only the private passenger "autos" you own . This includes those private Passenger passenger "autos" you acquire ownership of after the policy begins. "Autos" Only 4 Owned Only those "autos" you own that are not of the private passenger type (and for "Autos" Other Covered Autos Liability Coverage any "trailers" you don't own while attached to Than Private power units you own). This includes those "autos" not of the private passenger Passenger type you acquire ownership of after the policy begins. "Autos" Only 5 Owned "Autos" Only those "autos" you own that are required to have no-fault benefits in the state Subject To where they are licensed or principally garaged. This includes those "autos" you No-fault acquire ownership of after the policy begins provided they are required to have no- fault benefits in the state where they are licensed or principally QaraQed . 6 Owned "Autos" Only those "autos" you own that because of the law in the state where they are Subject To A licensed or principally garaged are required to have and cannot reject Uninsured Compulsory Motorists Coverage. This includes those "autos" you acquire ownership of after the Uninsured policy begins provided they are subject to the same state uninsured motorists Motorists Law requirement. 7 Specifically Only those "autos" described in Item Three of the Declarations for which a Described premium charge is shown (and for Covered Autos Liability Coverage any "trailers" "Autos" you don't own while attached to any power unit described in Item Three). 8 Hired "Autos" Only those "autos" you lease, hire, rent or borrow. This does not include any "auto" Only you lease, hire, rent or borrow from any of your "employees", partners (if you are a partnership), members (if you are a limited liability company) or members of their households. 9 Non-owned Only those "autos" you do not own, lease, hire, rent or borrow that are used in "Autos" Only connection with your business. This includes "autos" owned by your "employees", partners (if you are a partnership), members (if you are a limited liability company) or members of their households but only while used in your business or your personal affairs. 08116/2023 CA00011013 © Insurance Services Office, Inc., 2011 Page 1 of 12 DocuSign Envelope ID: 6E23EBD0-0672-49BB-90EF-C232167E3C5D 19 Mobile Equipment Subject To Compulsory Or Financial Responsibility Or Other Motor Vehicle Insurance Law Only Only those "autos" that are land vehicles and that would qualify under the definition of "mobile equipment" under this policy if they were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where they are licensed or principally garaged . B. Owned Autos You Acquire After The Policy Begins 1. If Symbols 1, 2, 3, 4, 5, 6 or 19 are entered next to a coverage in Item Two of the Declarations, then you have coverage for "autos" that you acquire of the type described for the remainder of the policy period. 2. But, if Symbol 7 is entered next to a coverage in Item Two of the Declarations, an "auto" you acquire will be a covered "auto" for that coverage only if: a. We already cover all "autos" that you own for that coverage or it replaces an "auto" you previously owned that had that coverage; and b. You tell us within 30 days after you acquire it that you want us to cover it for that coverage. C. Certain Trailers, Mobile Equipment And Temporary Substitute Autos If Covered Autos Liability Coverage is provided by this Coverage Form, the following types of vehicles are also covered "autos" for Covered Autos Liability Coverage: 1. "Trailers" with a load capacity of 2,000 pounds or less designed primarily for travel on public roads. 2. "Mobile equipment" while being carried or towea by a covered "auto". 3. Any "auto" you do not own while used with the permission of its owner as a temporary substitute for a covered "auto" you own that is out of service because of its: a. Breakdown; b. Repair; C. Servicing; d. "Loss"; or e. Destruction. SECTION II -COVERED AUTOS LIABILITY COVERAGE A. Coverage We will pay all sums an "insured" legally must pay as damages because of "bodily injury" or "property damage" to which this insurance applies, caused by an "accident" and resulting from the ownership, maintenance or use of a covered "auto". We will also pay all sums an "insured" legally must pay as a "covered pollution cost or expense" to which this insurance applies, caused by an "accident" and resulting from the ownership, maintenance or use of covered "autos". However, we will only pay for the "covered pollution cost or expense" if there is either "bodily injury" or "property damage" to which this insurance applies that is caused by the same "accident". We have the right and duty to defend any "insured" against a "suit" asking for such damages or a "covered pollution cost or expense". However, we have no duty to defend any "insured" against a "suit" seeking damages for "bodily injury" or "property damage" or a "covered pollution cost or expense" to which this insurance does not apply. We may investigate and settle any claim or "suit" as we consider appropriate. Our duty to defend or settle ends when the Covered Autos Liability Coverage Limit of Insurance has been exhausted by payment of judgments or settlements. 1. Who Is An Insured The following are "insureds": a. You for any covered "auto". b. Anyone else while using with your permission a covered "auto" you own, hire or borrow except: (1) The owner or anyone else from whom you hire or borrow a covered "auto". This exception does not apply if the covered "auto" is a "trailer" connected to a covered "auto" you own. Page 2 of 12 © Insurance Services Office, Inc., 2011 CA00011013 DocuSign Envelope ID: 6E23EBD0-0672-4988-90EF-C232167E3C5D (2) Your "employee" if the covered "auto" is owned by that "employee" or a member of his or her household. (3) Someone using a covered "auto" while he or she is working in a business of selling, servicing, repairing, parking or storing "autos" unless that business is yours. (4) Anyone other than your "employees", partners (if you are a partnership), members (if you are a limited liability company) or a lessee or borrower or any of their "employees", while moving property to or from a covered "auto". (5) A partner (if you are a partnership) or a member (if you are a limited liability company) for a covered "auto" owned by him or her or a member of his or her household. c. Anyone liable for the conduct of an "insured" described above but only to the extent of that liability. 2. Coverage Extensions a. Supplementary Payments We will pay for the "insured": (1) All expenses we incur. (2) Up to $2,000 for cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds. (3) The cost of bonds to release attachments in any "suit" against the "insured" we defend, but only for bond amounts within our Limit of Insurance. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $250 a day because of time off from work. (5) All court costs taxed against the "insured" in any "suit" against the "insured" we defend. However, these payments do not include attorneys' fees or attorneys' expenses taxed against the "insured". (6) All interest on the full amount of any judgment that accrues after entry of the judgment in any "suit" against the "insured" we defend, but our duty to pay interest ends when we have paid, offered to pay or deposited in court the part of the judgment that is within our Limit of Insurance. These payments will not reduce the Limit of Insurance. b. Out-of-state Coverage Extensions While a covered "auto" is away from the state where it is licensed, we will: (1) Increase the Limit of Insurance for Covered Autos Liability Coverage to meet the limits specified by a compulsory or financial responsibility law of the jurisdiction where the covered "auto" is being used. This extension does not apply to the limit or limits specified by any law governing motor carriers of passengers or property. (2) Provide the minimum amounts and types of other coverages, such as no- fault, required of out-of-state vehicles by the jurisdiction where the covered "auto" is being used. We will not pay anyone more than once for the same elements of loss because of these extensions. B. Exclusions This insurance does not apply to any of the following : 1. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the "insured". 2. Contractual Liability assumed under any contract or agreement. But this exclusion does not apply to liability for damages: a. Assumed in a contract or agreement that is an "insured contract", provided the "bodily injury" or "property damage" occurs subsequent to the execution of the contract or agreement; or b. That the "insured" would have in the absence of the contract or agreement. 3. Workers' Compensation Any obligation for which the "insured" or the "insured's" insurer may be held liable under any workers' compensation, disability benefits or unemployment compensation law or any similar law. CA00011013 © Insurance Services Office, Inc., 2011 Page 3 of 12 DocuSign Envelope ID: 6E23EBD0-0672-49BB-90EF-C232167E3C5O 4. Employee Indemnification And Employer's Liability "Bodily injury" to: a. An "employee" of the "insured" arising out of and in the course of: (1) Employment by the "insured"; or (2) Performing the duties related to the conduct of the "insured's" business; or b. The spouse, child, parent, brother or sister of that "employee" as a consequence of Paragraph a. above. This exclusion applies: (1) Whether the "insured" may be liable as an employer or in any other capacity; . and (2) To any obligation to share damages with or repay someone else who must pay damages because of the injury. But this exclusion does not apply to "bodily injury" to domestic "employees" not entitled to workers' compensation benefits or to liability assumed by the "insured" under an "insured contract". For the purposes of the Coverage Form, a domestic "employee" is a person engaged in household or domestic work performed principally in connection with a residence premises. 5. Fellow Employee "Bodily injury" to: a. Any fellow "employee" of the "insured" arising out of and in the course of the fellow "employee's" employment or while performing duties related to the conduct of your business; or b. The spouse, child, parent, brother or sister of that fellow "employee" as a consequence of Paragraph a. above. 6. Care, Custody Or Control "Property damage" to or "covered pollution cost or expense" involving property owned or transported by the "insured" or in the "insured's" care, custody or control. But this exclusion does not apply to liability assumed under a sidetrack agreement. 7. Handling Of Property "Bodily injury" or "property damage" resulting from the handling of property: a. Before it is moved from the place where it is accepted by the "insured" for movement into or onto the covered "auto"; or b. After it is moved from the covered "auto" to the place where it is finally delivered by the "insured". 8. Movement Of Property By Mechanical Device "Bodily injury" or "property damage" resulting from the movement of property by a mechanical device (other than a hand truck) unless the device is attached to the covered "auto". 9. Operations "Bodily injury" or "property damage" arising out of the operation of: a. Any equipment listed in Paragraphs 6.b. and 6.c. of the definition of "mobile equipment"; or b. Machinery or equipment that is on, attached to or part of a land vehicle that would qualify under the definition of "mobile equipment" if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. 10. Completed Operations "Bodily injury" or "property damage" arising out of your work after that work has been completed or abandoned. In this exclusion, your work means: a. Work or operations performed by you or on your behalf; and b. Materials, parts or equipment furnished in connection with such work or operations. Your work includes warranties or representations made at any time with respect to the fitness, quality, durability or performance of any of the items included in Paragraph a. or b. above. Your work will be deemed completed at the earliest of the following times: (1) When all of the work called for in your contract has been completed; (2) When all of the work to be done at the site has been completed if your contract calls for work at more than one site; or (3) When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Page 4 of 12 © Insurance Services Office, Inc., 2011 CA00011013 DocuSign Envelope ID: 6E23EBD0-0672-49BB-90EF-C232167E3C5D Work that may need service, maintenance, correction, repair or replacement, but which is otherwise complete, will be treated as completed. 11. Pollution "Bodily injury" or "property damage" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants": a. That are, or that are contained in any property that is: (1) Being transported or towed by, handled or handled for movement into, onto or from the covered "auto"; (2) Otherwise in the course of transit by or on behalf of the "insured"; or (3) Being stored, disposed of, treated or processed in or upon the covered "auto"; b. Before the "pollutants" or any property in which the "pollutants" are contained are moved from the place where they are accepted by the "insured" for movement into or onto the covered "auto"; or c. After the "pollutants" or any property in which the "pollutants" are contained are moved from the covered "auto" to the place where they are finally delivered, disposed of or abandoned by the "insured". Paragraph a. above does not apply to fuels, lubricants, fluids, exhaust gases or other similar "pollutants" that are needed for or result from the normal electrical, hydraulic or mechanical functioning of the covered "auto" or its parts if: (1) The "pollutants" escape, seep, migrate or are discharged, dispersed or released directly from an "auto" part designed by its manufacturer to hold, store, receive or dispose of such "pollutants"; and (2) The "bodily injury", "property damage" or "covered pollution cost or expense" does not arise out of the operation of any equipment listed in Paragraphs 6.b. and 6.c. of the definition of "mobile equipment". Paragraphs b. and c. above of this exclusion do not apply to "accidents" that occur away from premises owned by or rented to an "insured" with respect to "pollutants" not in or upon a covered "auto" if: 12. War (a) The "pollutants" or any property in which the "pollutants" are contained are upset, overturned or damaged as a result of the maintenance or use of a covered "auto"; and (b) The discharge, dispersal, seepage, migration, release or escape of the "pollutants" is caused directly by such upset, overturn or damage. "Bodily injury" or "property damage" arising directly or indirectly out of: a. War, including undeclared or civil war; b. Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or c. Insurrection, rebellion, revolution, usurped power or action taken by governmental authority in hindering or defending against any of these. 13. Racing Covered "autos" while used in any professional or organized racing or demolition contest or stunting activity, or while practicing for such contest or activity. This insurance also does not apply while that covered "auto" is being prepared for such a contest or activity. C. Limit Of Insurance Regardless of the number of covered "autos", "insureds", premiums paid, claims made or vehicles involved in the "accident", the most we will pay for the total of all damages and "covered pollution cost or expense" combined resulting from any one "accident" is the Limit Of Insurance fo r Covered Autos Liability Coverage shown in the Declarations. CA 00 01 10 13 © Insurance Services Office, Inc., 2011 Page 5 of 12 DocuSign Envelope ID: 6E23EBD0-0672-49BB-90EF-C232167E3C5D All "bodily injury", "property damage" and "covered pollution cost or expense" resulting from continuous or repeated exposure to substantially the same conditions will be considered as resulting from one "accident". No one will be entitled to receive duplicate payments for the same elements of "loss" under this Coverage Form and any Medical Payments Coverage endorsement, Uninsured Motorists Coverage endorsement or Underinsured Motorists Coverage endorsement attached to this Coverage Part. SECTION Ill -PHYSICAL DAMAGE COVERAGE A. Coverage 1. We will pay for "loss" to a covered "auto" or its equipment under: a. Comprehensive Coverage From any cause except: (1) The covered "auto's" collision with another object; or (2) The covered "auto's" overturn. b. Specified Causes Of Loss Coverage Caused by: (1) Fire, lightning or explosion; (2) Theft; (3) Windstorm, hail or earthquake; (4) Flood; (5) Mischief or vandalism; or (6) The sinking, burning, collision or derailment of any conveyance transporting the covered "auto". c. Collision Coverage Caused by: (1) The covered "auto's" collision with another object; or (2) The covered "auto's" overturn. 2. Towing We will pay up to the limit shown in the Declarations for towing and labor costs incurred each time a covered "auto" of the private passenger type is disabled. However, the labor must be performed at the place of disablement. 3. Glass Breakage -Hitting A Bird Or Animal - Falling Objects Or Missiles If you carry Comprehensive Coverage for the damaged covered "auto", we will pay for the following under Comprehensive Coverage: a. Glass breakage; b. "Loss" caused by hitting a bird or animal; and c. "Loss" caused by falling objects or missiles. However, you have the option of having glass breakage caused by a covered "auto's" collision or overturn considered a "loss" under Collision Coverage. 4. Coverage Extensions a. Transportation Expenses We will pay up to $20 per day, to a maximum of $600, for temporary transportation expense incurred by you because of the total theft of a covered "auto" of the private passenger type. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes Of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the policy's expiration, when the covered "auto" is returned to use or we pay for its "loss". b. Loss Of Use Expenses For Hired Auto Physical Damage, we will pay expenses for which an "insured" becomes legally responsible to pay for loss of use of a vehicle rented or hired without a driver under a written rental contract or agreement. We will pay for loss of use expenses if caused by: (1) Other than collision only if the Declarations indicates that Comprehensive Coverage is provided for any covered "auto"; (2) Specified Causes Of Loss only if the Declarations indicates that Specified Causes Of Loss Coverage is provided for any covered "auto"; or Page 6 of 12 © Insurance Services Office, Inc., 2011 CA00011013 DocuSign Envelope ID: 6E23EBD0-0672-49BB-90EF-C232167E3C5O (3) Collision only if the Declarations indicates that Collision Coverage is provided for any covered "auto". However, the most we will pay for any expenses for loss of use is $20 per day, to a maximum of $600. 8. Exclusions 1. We will not pay for "loss" caused by or resulting from any of the following. Such "loss" is excluded regardless of any other cause or event that contributes concurrently or in any sequence to the "loss". a. Nuclear Hazard (1) The explosion of any weapon employing atomic fission or fusion; or (2) Nuclear reaction or radiation, or radioactive contamination, however caused. b. War Or Military Action (1) War, including undeclared or civil war; (2) Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authc;>rity using military personnel or other agents; or (3) Insurrection, rebellion, revolution, usurped power or action taken by governmental authority in hindering or defending against any of these. 2. We will not pay for "loss" to any covered "auto" while used in any professional or organized racing or demolition contest or stunting activity, or while practicing for such contest or activity. We will also not pay for "loss" to any covered "auto" while that covered "auto" is being prepared for such a contest or activity. 3. We will not pay for "loss" due and confined to: a. Wear and tear, freezing, mechanical or electrical breakdown. b. Blowouts, punctures or other road damage to tires. This exclusion does not apply to such "loss" resulting from the total theft of a covered "auto". 4. We will not pay for "loss" to any of the following: a. Tapes, records, discs or other similar audio, visual or data electronic devices designed for use with audio, visual or data electronic equipment. b. Any device designed or used to detect speed-measuring equipment, such as radar or laser detectors, and any jamming apparatus intended to elude or disrupt speed-measuring equipment. c. Any electronic equipment, without regard to whether this equipment is permanently installed, that reproduces, receives or transmits audio, visual or data signals. d. Any accessories used with the electronic equipment described in Paragraph c. above. 5. Exclusions 4.c. and 4.d. do not apply to equipment designed to be operated solely by use of the power from the "auto's" electrical system that, at the time of "loss", is: a. Permanently installed in or upon the covered "auto"; b. Removable from a housing unit which is permanently installed in or upon the covered "auto"; c. An integral part of the same unit housing any electronic equipment described in Paragraphs a. and b. above; or d. Necessary for the normal operation of the covered "auto" or the monitoring of the covered "auto's" operating system. 6. We will not pay for "loss" to a covered "auto" due to "diminution in value". C. Limits Of Insurance 1. The most we will pay for: a. "Loss" to any one covered "auto" is the lesser of: (1) The actual cash value of the damaged or stolen property as of the time of the "loss"; or (2) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality. b. All electronic equipment that reproduces, receives or transmits audio, visual or data signals in any one "loss" is $1 ,000, if, at the time of "loss", such electronic equipment is: (1) Permanently installed in or upon the covered "auto" in a housing, opening or other location that is not normally used by the "auto" manufacturer for the installation of such equipment; CA 00 0110 13 © Insurance Services Office, Inc., 2011 Page 7 of 12 DocuSign Envelope ID: 6E23EBD0-0672-49BB-90EF-C232167E3C5D (2) Removable from a permanently installed housing unit as described in Paragraph b.(1) above; or (3) An integral part of such equipment as described in Paragraphs b.(1) and b.(2) above. 2. An adjustment for depreciation and physical condition will be made in determining actual cash value in the event of a total "loss". 3. If a repair or replacement results in better than like kind or quality, we will not pay for the amount of the betterment. D. Deductible For each covered "auto", our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by the applicable deductible shown in the Declarations. Any Comprehensive Coverage deductible shown in the Declarations does not apply to "loss" caused by fire or lightning. SECTION IV -BUSINESS AUTO CONDITIONS The following conditions apply in addition to the Common Policy Conditions: A. Loss Conditions 1. Appraisal For Physical Damage Loss If you and we disagree on the amount of "loss", either may demand an appraisal of the "loss". In this event, each party will select a competent appraiser. The two appraisers will select a competent and impartial umpire. The appraisers will state separately the actual cash value and amount of "loss". If they fail to agree, they will submit their differences to the umpire. A decision agreed to by any two will be binding. Each party will: a. Pay its chosen appraiser; and b. Bear the other expenses of the appraisal and umpire equally. If we submit to an appraisal, we will still retain our right to deny the claim. 2. Duties In The Event Of Accident, Claim, Suit Or Loss We have no duty to provide coverage under this policy unless there has been full compliance with the following duties: a. In the event of "accident", claim, "suit" or "loss", you must give us or our authorized representative prompt notice of the "accident" or "loss". Include: (1) How, when and where the "accident" or "loss" occurred; (2) The "insured's" name and address; and (3) To the extent possible, the names and addresses of any injured persons and witnesses. b. Additionally, you and any other involved "insured" must: (1) Assume no obligation, make no payment or incur no expense without our consent, except at the "insured's" own cost. (2) Immediately send us copies of any request, demand, order, notice, summons or legal paper received concerning the claim or "suit". (3) Cooperate with us in the investigation or settlement of the claim or defense against the "suit". (4) Authorize us to obtain medical records or other pertinent information. (5) Submit to examination, at our expense, by physicians of our choice, as often as we reasonably require. c. If there is "loss" to a covered "auto" or its equipment, you must also do the following: (1) Promptly notify the , police if the covered "auto" or any of its equipment is stolen. (2) Take all reasonable steps to protect the covered "auto" from further damage. Also keep a record of your expenses for consideration in the settlement of the claim. (3) Permit us to inspect the covered "auto'.' and records proving the "loss" before its repair or disposition. (4) Agree to examinations under oath at our request and give us a signed statement of your answers. 3. Legal Action Against Us No one may bring a legal action against us under this Coverage Form until: a. There has been full compliance with all the terms of this Coverage Form; and b. Under Covered Autos Liability Coverage, we agree in writing that the "insured" has an obligation to pay or until the amount of that obligation has finally been determined by judgment after trial. No one has the right under this policy to bring us into an action to determine the "insured's" liability. Page 8 of 12 © Insurance Services Office, Inc., 2011 CA 00 0110 13 DocuSign Envelope ID: 6E23EBD0-0672-49BB-90EF-C232167E3C5D 4. Loss Payment -Physical Damage Coverages At our option, we may: a. Pay for, repair or replace damaged or stolen property; b. Return the stolen property, at our expense. We will pay for any damage that results to the "auto" from the theft; or c. Take all or any part of the damaged or stolen property at an agreed or appraised value. If we pay for the "loss", our payment will include the applicable sales tax for the damaged or stolen property. 5. Transfer Of Rights Of Recovery Against Others To Us If any person or organization to or for whom we make payment under this Coverage Form has rights to recover damages from another, those rights are transferred to us. That person or organization must do everything necessary to secure our rights and must do nothing after "accident" or "loss" to impair them. B. General Conditions 1. Bankruptcy Bankruptcy or insolvency of the "insured" or the "insured's" estate will not relieve us of any obligations under this Coverage Form. 2. Concealment, Misrepresentation Or Fraud This Coverage Form is void in any case of fraud by you at any time as it relates to this Coverage Form. It is also void if you or any other "insured", at any time, intentionally conceals or misrepresents a material fact concerning: a. This Coverage Form; b. The covered "auto"; c. Your interest in the covered "auto"; or d. A claim under this Coverage Form. 3. Liberalization If we revise this Coverage Form to provide more coverage without additional premium charge, your policy will automatically provide the additional coverage as of the day the revision is effective in your state. 4. No Benefit To Bailee -Physical Damage Coverages We will not recognize any assignment or grant any coverage for the benefit of any person or organization holding, storing or transporting property for a fee regardless of any other provision of this Coverage Form. 5. Other Insurance a. For any covered "auto" you own, this Coverage Form provides primary insurance. For any covered "auto" you don't own, the insurance provided by this Coverage Form is excess over any other collectible insurance. However, while a covered "auto" which is a "trailer" is connected to another vehicle, the Covered Autos Liability Coverage this Coverage Form provides for the "trailer" is: (1) Excess while it is connected to a motor vehicle you do not own ; or (2) Primary while it is connected to a covered "auto" you own . b. For Hired Auto Physical Damage Coverage, any covered "auto" you lease, hire, rent or borrow is deemed to be a covered "auto" you own. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". c. Regardless of the provisions of Paragraph a. above, this Coverage Form's Covered Autos Liability Coverage is primary for any liability assumed under an "insured contract". d. When this Coverage Form and any other Coverage Form or policy covers on the same basis, either excess or primary, we will pay only our share. Our share is the proportion that the Limit of Insurance of our Coverage Form bears to the total of the limits of all the Coverage Forms and policies covering on the same basis. 6. Premium Audit a. The estimated premium for this Coverage Form is based on the exposures you told us you would have when this policy began. We will compute the final premium due when we determine your actual exposures. The estimated total premium will be credited against the final premium due and the first Named Insured will be billed for the balance, if any. The due date for the final premium or retrospective premium is the date shown as the due date on the bill. If the estimated total premium exceeds the final premium due, the first Named Insured will get a refund. b. If this policy is issued for more than one year, the premium for this Coverage Form will be computed annually based on our rates or premiums in effect at the beginning of each year of the policy. CA00011013 © Insurance Services Office, Inc., 2011 Page 9 of 12 DocuSign Envelope ID: 6E23EBD0-0672-49BB-90EF-C232167E3C5D 7. Policy Period, Coverage Territory Under this Coverage Form, we cover "accidents" and "losses" occurring: a. During the policy period shown in the Declarations; and b. Within the coverage territory. The coverage territory is: (1) The United States of America; (2) The territories and possessions of the United States of America; (3) Puerto Rico; (4) Canada; and (5) Anywhere in the world if a covered "auto" of the private passenger type is leased, hired, rented or borrowed without a driver for a period of 30 days or less, provided that the "insured's" responsibility to pay damages is determined in a "suit" on the merits, in the United States of America, the territories and possessions of the United States of America, Puerto Rico or Canada, or in a settlement we agree to. We also cover "loss" to, or "accidents" involving, a covered "auto" while being transported between any of these places. 8. Two Or More Coverage Forms Or Policies Issued By Us If this Coverage Form and any other Coverage Form or policy issued to you by us or any company affiliated with us applies to the same "accident", the aggregate maximum Limit of Insurance under all the Coverage Forms or policies shall not exceed the highest applicable Limit of Insurance under any one Coverage Form or policy. This condition does not apply to any Coverage Form or policy issued by us or an affiliated company specifically to apply as excess insurance over this Coverage Form. SECTION V -DEFINITIONS A. "Accident" includes continuous or repeated exposure to the same conditions resulting in "bodily injury" or "property damage". 8. "Auto" means: 1. A land motor vehicle, "trailer" or semitrailer designed for travel on public roads; or 2. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. However, "auto" does not include "mobile equipment". C. "Bodily injury" means bodily injury, sickness or disease sustained by a person, including death resulting from any of these. D. "Covered pollution cost or expense" means any cost or expense arising out of: 1. Any request, demand, order or statutory or regulatory requirement that any "insured" or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants"; or 2. Any claim or "suit" by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, "pollutants". "Covered pollution cost or expense" does not include any cost or expense arising out of the actual, alleged or threatened discharge,. dispersal, seepage, migration, release or escape of "pollutants": a. That are, or that are contained in any property that is: (1) Being transported or towed by, handled or handled for movement into, onto or from the covered "auto"; (2) Otherwise in the course of transit by or on behalf of the "insured"; or (3) Being stored, disposed of, treated or processed in or upon the covered "auto"; b. Before the "pollutants" or any property in which the "pollutants" are contained are moved from the place where they are accepted by the "insured" for movement into or onto the covered "auto"; or c. After the "pollutants" or any property in which the "pollutants" are contained are moved from the covered "auto" to the place where they are finally delivered, disposed of or abandoned by the "insured". Page 10 of 12 © Insurance Services Office, Inc., 2011 CA 00 01 10 13 DocuSign Envelope ID: 6E23EBD0-0672-49BB-90EF-C232167E3C5D Paragraph a. above does not apply to fuels, lubricants, fluids, exhaust gases or other similar "pollutants" that are needed for or result from the normal electrical, hydraulic or mechanical functioning of the covered "auto" or its parts, if: (1) The "pollutants" escape, seep, migrate or are discharged, dispersed or released directly from an "auto" part designed by its manufacturer to hold, store, receive or dispose of such "pollutants"; and (2) The "bodily injury", "property damage" or "covered pollution cost or expense" does not arise out of the operation of any equipment listed in Paragraph 6.b. or 6.c. of the definition of "mobile equipment". Paragraphs b. and c. above do not apply to "accidents" that occur away from premises owned by or rented to an "insured" with respect to "pollutants" not in or upon a covered "auto" if: (a) The "pollutants" or any property in which the "pollutants" are contained are upset, overturned or damaged as a result of the maintenance or use of a covered "auto"; and (b) The discharge, dispersal, seepage, migration, release or escape of the "pollutants" is caused directly by such upset, overturn or damage. E. "Diminution in value" means the actual or perceived loss in market value or resale value which results from a direct and accidental "loss". F. "Employee" includes a "leased worker". "Employee" does not include a "temporary worker". G. "Insured" means any person or organization qualifying as an insured in the Who Is An Insured provision of the applicable coverage. Except with respect to the Limit of Insurance, the coverage afforded applies separately to each insured who is seeking coverage or against whom a claim or "suit" is brought. H. "Insured contract" means: 1. A lease of premises; 2. A sidetrack agreement; 3. Any easement or license agreement, except in connection with construction or demolition operations on or within 50 feet of a railroad; 4. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; 5. That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another to pay for "bodily injury" or "property damage" to a third party or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement; or 6. That part of any contract or agreement entered into, as part of your business, pertaining to the rental or lease, by you or any of your "employees", of any "auto". However, such contract or agreement shall not be considered an "insured contract" to the extent that it obligates you or any of your "employees" to pay for "property damage" to any "auto" rented or leased by you or any of your "employees". An "insured contract" does not include that part of any contract or agreement: a. That indemnifies a railroad for "bodily injury" or "property damage" arising out of construction or demolition operations, within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, roadbeds, tunnel, underpass or crossing; b. That pertains to the loan, lease or rental of an "auto" to you or any of your "employees", if the "auto" is loaned, leased or rented with a driver; or c. That holds a person or organization engaged in the business of transporting property by "auto" for hire harmless for your use of a covered "auto" over a route or territory that person or organization is authorized to serve by public authority. I. "Leased worker" means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm to perform duties related to the conduct of your business. "Leased worker'' does not include a "temporary worker". J. "Loss" means direct and accidental loss or damage. K. "Mobile equipment" means any of the following types of land vehicles, including any attached machinery or equipment: 1. Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads; 2. Vehicles maintained for use solely on or next to premises you own or rent; 3. Vehicles that travel on crawler treads; CA00011013 © Insurance Services Office, Inc., 2011 Page 11 of 12 DocuSign Envelope ID: 6E23EBD0-0672-49BB-90EF-C232167E3C5D 4. Vehicles, whether self-propelled or not, maintained primarily to provide mobility to permanently mounted: a. Power cranes, shovels, loaders, diggers or drills; or b. Road construction or resurfacing equipment such as graders, scrapers or rollers; 5. Vehicles not described in Paragraph 1., 2., 3. or 4. above that are not self-propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types: a. Air compressors, pumps and generators, including spraying , welding, building cleaning, geophysical exploration, lighting and well-servicing equipment; or b. Cherry pickers and similar devices used to raise or lower workers; or 6. Vehicles not described in Paragraph 1., 2., 3. or 4. above maintained primarily for purposes other than the transportation of persons or cargo. However, self-propelled vehicles with the following types of permanently attached equipment are not "mobile equipment" but will be considered "autos": a. Equipment designed primarily for: (1) Snow removal; (2) Road maintenance, but not construction or resurfacing; or (3) Street cleaning; b. Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and c. Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting or well-servicing equipment. However, "mobile equipment" does not include land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered "autos". L. "Pollutants" means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. M. "Property damage" means damage to or loss of use of tangible property. N. "Suit" means a civil proceeding in which: 1. Damages because of "bodily injury" or "property damage"; or 2. A "covered pollution cost or expense"; to which this insurance applies, are alleged . "Suit" includes: a. An arbitration proceeding in which such damages or "covered pollution costs or expenses" are claimed and to which the "insured" must submit or does submit with our consent; or b. Any other alternative dispute resolution proceeding in which such damages or "covered pollution costs or expenses" are claimed and to which the insured submits with our consent. 0. "Temporary worker" means a person who is furnished to you to substitute for a permanent "employee" on leave or to meet seasonal or short- term workload conditions. P. "Trailer" includes semitrailer. Page 12 of 12 © Insurance Services Office, Inc., 2011 CA00011013 DocuSign Envelope ID: 6E23EBD0-0672-49BB-90EF-C232167E3C5D Policy Number 73 APR 411658 -02 M-5872 (04/2017) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CHANGES TO COMMON POLICY CONDITIONS-CANCELLATION This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM CARGO COVERAGE FORM GARAGE COVERAGE FORM COMMERCIAL GENERAL LIABILITY COVERAGE FORM The following are added to Paragraph A.1. Cancellation of the Common Policy Conditions: a. However, if you granted a power of attorney to obtain financing for the policy, the finance company must provide a written notice of cancellation to us. We will then cancel the policy as of the date: (1) specified in the notice, or (2) required under any applicable statute, regulation, or other policy provision, whichever is latest. b. If we filed proof of insurance on your behalf to a government agency, the law may require advance notice of cancellation to that agency. The date of cancellation will be extended as needed to comply. All other terms, conditions and agreements remain unchanged. Company Name Policy Number 73 APR 411658 -02 National Liability & Fire Insurance Company Endorsement Effective 12/03/2023 12:01 AM Named Insured Countersigned at MAGIC CARPET SHUTTLE INC By (Authorized Representative) (The Attaching Clause need be completed only when this endorsement is issued subsequent to preparation of the policy.) M-5872 (04/2017) Page 1 of 1 08/16/2023 DocuSign Envelope ID: 6E23EBD0-0672-49BB-90EF-C232167E3C5D Policy Number 73 APR 411658 -02 M-5958 (09/2019) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. STATED AMOUNT INSURANCE -CALIFORNIA This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM TRUCKERS COVERAGE FORM This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. The physical damage Stated Limit shown in the Schedule of Covered Autos or in the Declarations is not necessarily the amount you will receive at the time of "loss". Please refer to the "Limit of Insurance," "Deductible" and "Loss Payment -Physical Damage Coverages" provisions below. BUSINESS AUTO COVERAGE FORM -SECTION Ill -PHYSICAL DAMAGE COVERAGE -SUBSECTION C - LIMIT OF INSURANCE and SUBSECTION D -DEDUCTIBLE or TRUCKERS COVERAGE FORM -SECTION IV -PHYSICAL DAMAGE -SUBSECTION C -LIMITS OF INSURANCE and SUBSECTION D -DEDUCTIBLE are replaced in their entirety: C. Limit of Insurance 1. The most we will pay for "loss" in any one "accident" is the lesser of: a. The Stated Limit shown in the Schedule of Covered Autos or in the Declarations for the involved "auto", or b. The actual cash value of the damaged or stolen "auto" as of the time of the "loss", or c. The cost of repairing or replacing the damaged or stolen "auto" with another of like kind or quality, less the applicable deductible. In the event of payment for a total "loss", we will pay according to the Loss Payment-Physical Damage Coverages provision as modified by this endorsement. 2. An adjustment for depreciation and physical condition will be made in determining actual cash value in the event of a total "loss". 3. If a repair or replacement results in better than like kind or quality, we will not pay for the amount of the betterment. D. Deductible For each covered "auto", our obligation to pay the cost of repairing, returning or replacing the damaged or stolen auto will be reduced by the applicable deductible shown in the Schedule of Covered Autos or in the Declarations. BUSINESS AUTO COVERAGE FORM -SECTION IV -BUSINESS AUTO CONDITIONS -SUBSECTION A.4. - LOSS PAYMENT -PHYSICAL DAMAGE COVERAGES or TRUCKERS COVERAGE FORM -SECTION V - TRUCKERS CONDITIONS -SUBSECTION A.4. -LOSS PAYMENT -PHYSICAL DAMAGE COVERAGES is changed to read : 4. Loss Payment -Physical Damage Coverages a. At our option we may: 1. Pay the cost to repair or replace the damaged or stolen "auto"; 2. Return the stolen "auto", at our expense. We will pay for any damage that results to the "auto" from M-5958 (09/2019) Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 2 08/1612023 DocuSign Envelope ID: 6E23EBD0-0672-49BB-90EF-C232167E3C5D M-5958 (09/2019) the theft; or 3. Declare the damaged or stolen "auto" a total "loss". b. In the event of a total "loss", the amount we pay will be determined using the following process: 1. If you retain the salvage: (a) the amount we pay shall be the "settlement subtotal", "sales tax", and the Department of Motor Vehicle (OMV) salvage certificate fee. (b) the "settlement subtotal" is the lesser of: (i) the actual cash value of the damaged or stolen "auto" as of the time of the "loss" reduced by the applicable deductible and by the value of the salvage; or (ii) the physical damage Stated Limit shown in the Schedule of Covered Autos or in the Declarations for the damaged or stolen "auto". (c) "sales tax" shall mean the amount calculated using the applicable sales tax rate at the named insured's address multiplied by the lesser of: (i) the actual cash value of the damaged or stolen "auto" as of the time of the "loss" reduced by the value of the salvage; or (ii) the physical damage Stated Limit shown in the Schedule of Covered Autos or in the Declarations for the damaged or stolen "auto". 2. If we retain the salvage: (a) the amount we pay shall be the "settlement subtotal", "sales tax", title transfer fee , and unused portion of the OMV registration fee. (b) the "settlement subtotal" is the lesser of: (i) the actual cash value of the damaged or stolen "auto" as of the time of the "loss" reduced by the applicable deductible; or (ii) the physical damage Stated Limit shown in the Schedule of Covered Autos or in the Declarations for the damaged or stolen "auto". (c) "sales tax" shall mean the amount calculated using the applicable sales tax rate at the named insured's address multiplied by the lesser of: (i) the actual cash value of the damaged or stolen "auto" as of the time of the "loss"; or (ii) the physical damage Stated Limit shown in the Schedule of Covered Autos or in the Declarations for the damaged or stolen "auto". 3. We will provide you the values of the amounts to be paid as calculated in b.1. and b.2. You shall have the option of retaining the salvage or allowing us to retain the salvage. All other terms, conditions and agreements of the policy shall remain unchanged. Company Name Policy Number 73 APR 411658 -02 National Liability & Fire Insurance Company Endorsement Effective 12/03/2023 12:01 AM Named Insured Countersigned at MAGIC CARPET SHUTTLE INC By (Authorized Representative) (The Attaching Clause need be completed only when this endorsement is issued subsequent to preparation of the policy.) M-5958 (09/2019) Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 2 DocuSign Envelope ID: 6E23EBD0-0672-49BB-90EF-C232167E3C5D POLICY NUMBER: 73 APR 411658 -02 COMMERCIAL AUTO CA 21 54 11 16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CALIFORNIA UNINSURED MOTORISTS COVERAGE - BODILY INJURY For a covered "auto" licensed or principally garaged in, or "auto dealer operations" conducted in, California, this endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the Policy effective on the inception date of the Policy unless another date is indicated below. Named Insured: MAGIC CARPET SHUTTLE INC Endorsement Effective Date: 12/03/2023 12:01 AM SCHEDULE Limit Of Insurance: $ See M 5605 (02/2011) Each "Accident" Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Coverage B. Who Is An Insured If the Named Insured is designated in the Declarations as: 1. We will pay all sums the "insured" is legally entitled to recover as compensatory damages from the owner or driver of an "uninsured motor vehicle". The damages must result from "bodily injury" sustained by the "insured" caused by an "accident". The owner's or driver's liability for these damages must result from the 1. An individual, then the following are "insureds": ownership, maintenance or use of the "uninsured motor vehicle". 2. We will pay only after the limits of liability under any liability bonds or policies have been exhausted by payment of judgments or settlements. 3. Any judgment for damages arising out of a "suit" brought without our written consent is not binding on us. a. The Named Insured and any "family members". b. Anyone else "occupying" a covered "auto" or a temporary substitute for a covered "auto". The covered "auto" must be out of service because of its breakdown, repair, servicing, "loss" or destruction. c. Anyone for damages he or she is entitled to recover because of "bodily injury" sustained by another "insured". 08/16/2023 CA21541116 © Insurance Services Office, Inc., 2016 Page 1 of 5 DocuSign Envelope ID: 6E23EBD0-0672-49BB-90EF-C232167E3C5D 2. A partnership, limited liability company, corporation or any other form of organization, then the following are "insureds": a. Anyone "occupying" a covered "auto" or a temporary substitute for a covered "auto". The covered "auto" must be out of service because of its breakdown, repair, servicing, "loss" or destruction. b. Anyone for damages he or she is entitled to recover because of "bodily injury" sustained by another "insured". c. Exclusions This insurance does not apply to any of the following: 1. Punitive or exemplary damages. 2. Any claim settled without our consent. However, this exclusion does not apply to a settlement made with the insurer of a vehicle described in Paragraph b. of the definition of "uninsured motor vehicle". 3. The direct or indirect benefit of any insurer or self-insurer under any workers' compensation, disability benefits or similar law or to the direct benefit of the United States, a state or its political subdivisions. 4. "Bodily, injury" sustained by: a. An individual Named Insured while "occupying" or when struck by any vehicle owned by that Named Insured that is not a covered "auto" for Uninsured Motorists Coverage under this Coverage Form; b. Any "family member" while "occupying" or when struck by any vehicle owned by that "family member" that is not a covered "auto" for Uninsured Motorists Coverage under this Coverage Form; or c. Any "family member" while "occupying" or when struck by any vehicle owned by the Named Insured that is insured for Uninsured Motorists Coverage on a primary basis under any other Coverage Form or policy. However, Exclusion 4. shall not apply to "bodily injury" sustained by an individual Named Insured or "family member" when struck by a vehicle owned by that "insured" and operated or caused to be operated by a person without that "insured's" consent in connection with criminal activity that has been documented in a police report and to which that "insured" is not a party to. 5. "Bodily injury" sustained by an individual Named Insured or any "family member" while "occupying" any vehicle leased by that Named Insured or any "family member" under a written contract for a period of six months or more that is not a covered "auto". 6. Anyone using a vehicle without a reasonable belief that the person is entitled to do so. 7. "Bodily injury" sustained by an "insured" while "occupying" any "auto" that is rented or leased to that "insured" for use as a public or livery conveyance. However, this exclusion does not apply if the "insured" is in the business of providing public or livery conveyance. As used in this exclusion, public or livery conveyance includes, but is not limited to, any period of time an "auto" is being used by an "insured" who is logged into a "transportation network platform" as a driver, whether or not a passenger is "occupying" the "auto". 8. "Bodily injury" arising directly or indirectly out of: a. War, including undeclared or civil war; b. Warlike action by a military force , including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or c. Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. D. Limit Of Insurance 1. Regardless of the number of covered "autos", "insureds", premiums paid, claims made or vehicles involved in the "accident", the most we will pay for all damages resulting from any one "accident" is the Limit Of Insurance for Uninsured Motorists Coverage shown in the Schedule or Declarations. 2. For a vehicle described in Paragraph b. of the definition of "uninsured motor vehicle", our Limit of Insurance shall be reduced by all sums paid because of "bodily injury" by or for anyone who is legally responsible, including all sums paid or payable under this policy's Covered Autos Liability Coverage. 3. No one will be entitled to receive duplicate payments for the same elements of "loss" under this coverage and any Liability Coverage form or Medical Payments Coverage endorsement attached to this Coverage Part. Page 2 of 5 © Insurance Services Office, Inc., 2016 CA 21 54 11 16 DocuSign Envelope ID: 6E23EBD0-0672-49BB-90EF-C232167E3C5D We will not make a duplicate payment under this coverage for any element of "loss" for which payment has been made by or for anyone who is legally responsible. We will not pay for any element of "loss" if a person is entitled to receive payment for the same element of "loss" under any workers' compensation, disability benefits or similar law. E. Changes In Conditions The Conditions are changed for California Uninsured Motorists Coverage -Bodily Injury as follows: 1. Duties In The Event Of Accident, Claim, Suit Or Loss in the Business Auto and Motor Carrier Coverage Forms and Duties In The Event Of Accident, Claim, Offense, Suit, Loss Or Acts, Errors Or Omissions in the Auto Dealers Coverage Form are changed by adding the following: a. Promptly notify the police if a hit-and-run driver is involved; and b. Send us copies of the legal papers if a "suit" is brought. In addition, a person seeking coverage under Paragraph b. of the definition of "uninsured motor vehicle" must: (1) Provide us with a copy of the complaint by personal seNice or certified mail if the "insured" brings an action against the owner or operator of such "uninsured motor vehicle"; (2) Within a reasonable time, make all pleadings and depositions available for copying by us or furnish us copies at our expense; and (3) Provide us with proof that the limits of insurance under any applicable liability bonds or policies have been exhausted by payment of judgments or settlements. 2. Legal Action Against Us is replaced by the following: Legal Action Against Us No legal action may be brought against us under this Coverage Form until there has been full compliance with all the terms of this Coverage Form and with respect to Paragraphs a., c. and d. of the definition of "uninsured motor vehicle" unless within two years from the date of the "accident": a. Agreement as to the amount due under this insurance has been concluded; b. The "insured" has formally instituted arbitration proceedings against us. In the event that the "insured" decides to arbitrate, the "insured" must formally begin arbitration proceedings by notifying us in writing, sent by certified mail, return receipt requested; or c. "Suit" for "bodily injury" has been filed against the uninsured motorist in a court of competent jurisdiction. Written notice of the "suit" must be given to us within a reasonable time after the "insured" knew, or should have known , that the other motorist is uninsured. In no event will such notice be required before two years from the date of the accident. Failure of the "insured" or his or her representative to give us such notice of the "suit" will relieve us of our obligations under this Coverage Form only if the failure to give notice prejudices our rights. 3. Transfer Of Rights Of Recovery Against Others To Us is replaced by the following: Transfer Of Rights Of Recovery Against Others To Us a. With respect to Paragraphs a., c. and d. of the definition of "uninsured motor vehicle", if we make· any payment, we are entitled to recover what we paid from other parties. Any person to or for whom we make payment must transfer to us his or her rights of recovery against any other party. This person must do everything necessary to secure these rights and must do nothing that would jeopardize them. b. With respect to Paragraph b. of the definition of "uninsured motor vehicle", if we make any payment and the "insured" recovers from another party, the "insured" shall hold the proceeds in trust for us and pay us back the amount we have paid. 4. Other Insurance in the Auto Dealers and Business Auto Coverage Forms and Other Insurance -Primary And Excess Insurance Provisions in the Motor Carrier Coverage Form are replaced by the following: If there is other applicable insurance available under one or more policies or provisions of coverage: a. The maximum recovery under all Coverage Forms or policies combined may equal but not exceed the highest applicable limit for any one vehicle under any Coverage Form or policy providing coverage on either a primary or excess basis. CA 21 54 11 16 © Insurance SeNices Office, Inc., 2016 Page 3 of 5 DocuSign Envelope ID: 6E23EBD0-0672-49BB-90EF-C232167E3C5D b. Any insurance we provide with respect to a vehicle the Named Insured does not own shall be excess over any other collectible uninsured motorists insurance providing coverage on a primary basis. c. If the coverage under this Coverage Form is provided: (1) On a primary basis, we will pay only our share of the "loss" that must be paid under insurance providing coverage on a primary basis. Our share is the proportion that our limit of liability bears to the total of all applicable limits of liability for coverage on a primary basis. (2) On an excess basis, we will pay only our share of the "loss" that must be paid under insurance providing coverage on an excess basis. Our share is the proportion that our limit of liability bears to the total of all applicable limits of liability for coverage on an excess basis. 5. The following condition is added: Arbitration a. If we and an "insured" disagree whether the "insured" is legally entitled to recover damages from the owner or driver of an "uninsured motor vehicle" or do not agree as to the amount of damages that are recoverable by that "insured", the disagreement will be settled by arbitration. Such arbitration may be initiated by a written demand for arbitration made by either party. The arbitration shall be conducted by a single neutral arbitrator. However, disputes concerning coverage under this endorsement may not be arbitrated. Each party will bear the expenses of the arbitrator equally. b. Unless both parties agree otherwise, arbitration will take place in the county in which the "insured" lives. Local rules of law as to arbitration procedures and evidence will apply. The decision of the arbitrator will be binding. F. Additional Definitions The following are added to the Definitions section: 1. "Family member" means the individual Named lnsured's spouse, whether or not a resident of the individual Named lnsured's household, and any other person related to such Named Insured by blood, adoption, marriage or registered domestic partnership under California law, who is a resident of such Named lnsured's household, including a ward or foster child. 2. "Occupying" means in, upon, getting in, on, out or off. 3. "Transportation network platform" means an online-enabled application or digital network used to connect passengers with drivers using vehicles for the purpose of providing prearranged transportation services for compensation. 4. "Uninsured motor vehicle" means a land motor vehicle or "trailer": a. For which no liability bond or policy at the time of an "accident" provides at least the amounts required by the applicable law where a covered "auto" is principally garaged; b. That is an underinsured motor vehicle. An underinsured motor vehicle is a land motor vehicle or "trailer" for which the sum of all liability bonds or policies at the time of an "accident" provides at least the amounts required by the applicable law where a covered "auto" is principally garaged but that sum is less than the Limit oflnsurance for this coverage; c. For which an insuring or bonding company denies coverage or refuses to admit coverage except conditionally or with reservation or becomes insolvent; Page 4 of 5 © Insurance Services Office, Inc., 2016 CA21541116 DocuSign Envelope ID: 6E23EBD0-0672-49BB-90EF-C232167E3C5D d. That is a hit-and-run vehicle and neither the driver nor owner can be identified. The vehicle must make physical contact with an "insured", a covered "auto" or a vehicle an "insured" is "occupying"; or e. That is owned by an individual Named Insured or "family member" and operated or caused to be operated by a person without the owner's consent in connection with criminal activity that has been documented in a police report. However, "uninsured motor vehicle" does not include any vehicle: a. Owned or operated by a self-insurer under any applicable motor vehicle law except a self-insurer who is or becomes insolvent and cannot provide the amounts required by that motor vehicle law; b. Owned by the United States of America, Canada, a state or political subdivision of any of those governments or an agency of any of the foregoing; or c. Designed or modified for use primarily off public roads while not on public roads. CA 21 54 11 16 © Insurance Services Office, Inc., 2016 Page 5 of 5 DocuSign Envelope ID: 6E23EBD0-0672-49BB-90EF-C232167E3C5D Policy Number 73 APR 411658 -02 M-5804 (08/2014) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. UNINSURED MOTORISTS COVERAGE AMENDATORYENDORSEMENT The following is added to the definition of "uninsured motor vehicle": An "un insured motor vehicle" does not include any vehicle which is a covered "auto" under the Liability Coverage section of this policy, regardless of applicable exclusions. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. All other terms, conditions and agreements of the policy shall remain unchanged. Company Name Policy Number 73 APR 411658 -02 National Liability & Fire Insurance Company Endorsement Effective 12/03/2023 12:01 AM Named Insured Countersigned at MAGIC CARPET SHUTTLE INC By (Authorized Representative) (The Attaching Clause need be completed only when this endorsement is issued subsequent to preparation of the policy.) M-5804 (08/2014) Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 1 of 1 08/16/2023 DocuSign Envelope ID: 6E23EBD0-0672-49BB-90EF-C232167E3C5O Policy Number 73 APR 411658 -02 COMMERCIAL AUTO CA 014305 07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CALIFORNIA CHANGES For a covered "auto" licensed or principally garaged in or "garage operations" conducted in California this en- dorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by the endorsement. A. The term "spouse" is replaced by the following: Spouse or registered domestic partner under Cali- fornia law. B. The following are added to the Other Insurance Condition in the Business Auto and Garage Cov- erage Forms and the Other Insurance -Primary And Excess Insurance Provisions in the Motor Carrier and Truckers Coverage Forms and super- sede any provisions to the contrary: 1. When this Coverage Form and any other Cov- erage Form or policy providing liability cover- age apply to an "auto" and: a. One provides coverage to a Named Insured engaged in the business of selling, repair- ing, servicing, delivering, testing or road- testing "autos", and b. The other provides coverage to a person not engaged in that business, and c. At the time of an "accident", a person de- scribed in Paragraph 1.b. is operating an "auto" owned by the business described in Paragraph 1.a., then that person's liability coverage is primary and the Coverage Form issued to a business described in Paragraph 1.a. is excess over any cover- age available to that person. 2. When this Coverage Form and any other Cov- erage Form or policy providing liability cover- age apply to an "auto" and: a. One provides coverage to a Named Insured engaged in the business of selling, repair- ing, servicing , delivering, testing or road- testing "autos", and b. The other provides coverage to a person not engaged in that business, and c. At the time of an "accident" an "insured" under the Coverage Form described in Paragraph 2.a. is operating an "auto" owned by a person described in Paragraph 2.b., then the Coverage Form issued to the business described in Paragraph 2.a. is primary and the liability coverage issued to a person described in Paragraph 2.b. is ex- cess over any coverage available to the business. 3. When this Coverage Form and any other Cov- erage Form or policy providing liability cover- age apply to a "commercial vehicle" and: a. One provides coverage to a Named In- sured , who in the course of business, rents or leases "commercial vehicles" without op- erators , and b. The other provides coverage to a person other than as described in Paragraph 3.a., and c. At the time of an "accident", a person who is not the Named Insured of the policy de- scribed in Paragraph 3.a., and who is not the agent or "employee" of such Named In- sured is operating a "commercial vehicle" provided by the business covered by the Coverage Form or policy described in Paragraph 3.a., then the liability coverage provided by the Coverage Form or policy described in Paragraph 3.b. is primary, and the liability coverage provided by the Cov- erage Form or policy described in Para- graph 3.a. is excess over any coverage available to that person. 08/16/2023 CA 014305 07 © ISO Properties, Inc., 2006 Page 1 of 2 □ DocuSign Envelope ID: 6E23EBD0-0672-49BB-90EF-C232167E3C5D 4. Notwithstanding Paragraph 8.3., when this Coverage Form and any other Coverage Form or policy providing liability coverage apply to a power unit and any connected "trailer" or "trail- ers" and: a. One provides coverage to a Named Insured engaged in the business of transporting property by "auto" for hire; and b. The other provides coverage to a Named Insured not engaged in that business; and c. At the time of an "accident", a power unit is being operated by a person insured under the Coverage Form or policy described in Paragraph 4.a., then that Coverage Form or policy is primary for both the power unit and any connected "trailer" or "trailers" and the Coverage Form or policy described in Paragraph 4.b. is excess over any other coverage available to such power unit and attached "trailer" or "trailers". C. As used in this endorsement: "Commercial vehicle" means an "auto" subject to registration or identification under California law which is: 1. Used or maintained for the transportation of persons for hire, compensation or profit; 2. Designed, used or maintained primarily for the transportation of property; or 3. Leased for a period of six months or more. Page 2 of 2 © ISO Properties, Inc., 2006 CA 014305 07 □ DocuSign Envelope ID: 6E23EBD0-0672-49BB-90EF-C232167E3C5D Policy Number 73 APR 411658 -02 M-5479 (04/2010) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TOWING AND STORING COSTS The following modifies the Coverage Extensions under Physical Damage Coverage: In the event of a "loss" to a covered "auto" to which this policy's Physical Damage Coverage applies, we will pay the necessary and reasonable incurred cost of towing the covered "auto" to the nearest facility capable of making the necessary repairs or to another location if we agree upon that location prior to towing. We will also pay the necessary and reasonable incurred cost of storing the covered "auto" for the time required to adjust the claim, subject to a maximum time in storage of 30 days. All other terms, conditions and agreements remain unchanged. -Company Name Policy Number 73 APR 411658 -02 National Liability & Fire Insurance Company Endorsement Effective 12/03/2023 12:01 AM Named Insured Countersigned by MAGIC CARPET SHUTTLE INC (Authorized Representative) (The Attaching Clause need be completed only when this endorsement is issued subsequent to preparation of the policy.) M-5479 (04/2010) 08/16/2023 DocuSign Envelope ID: 6E23EBD0-0672-49BB-90EF-C232167E3C5D Policy Number 73 APR 411658. 02 COMMERCIAL AUTO CA 24 0210 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PUBLIC TRANSPORTATION AUTOS This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. Covered Autos Liability Coverage for a covered "auto" licensed or used to transport the public is changed as follows: The Care, Custody Or Control Exclusion does not apply to "property damage" to or "covered pollution cost or expense" involving property of the "insured's" passengers while such property is carried by the covered "auto". CA 24 0210 13 © Insurance Services Office, Inc., 2011 08/16/2023 Page 1 of 1 DocuSign Envelope ID: 6E23EBD0-0672-49BB-90EF-C232167E3C5D IL 02 70 0912 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CALIFORNIA CHANGES -CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following: CAPITAL ASSETS PROGRAM (OUTPUT POLICY) COVERAGE PART COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT-RELATED PRACTICES LIABILITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART A. Paragraphs 2. and 3. of the Cancellation 3. All Policies In Effect For More Than 60 Days • Common Policy Condition are replaced by the following: 2. All Policies In Effect For 60 Days Or Less If this policy has been in effect for 60 days or less, and is not a renewal of a policy we have previously issued, we may cancel this policy by mailing or delivering to the first Named Insured, at the mailing address shown in the policy, and to the producer of record, advance written notice of cancellation, stating the reason for cancellation, at least: a. 10 days before the effective date of cancellation if we cancel for: (1) Nonpayment of premium; or (2) Discovery of fraud by: (a) Any insured or his or her representative in obtaining this insurance; or (b) You or your representative in pursuing a claim under this policy. b. 30 days before the effective date of cancellation if we cancel for any other reason. IL 02 70 09 12 © Insurance Services Office, Inc., 2012 a. If this policy has been in effect for more than 60 days, or is a renewal of a policy we issued, we may cancel this policy only upon the occurrence, after the effective date of the policy, of one or more of the following: (1) Nonpayment of premium, including payment due on a prior policy we issued and due during the current policy term covering the same risks. (2) Discovery of fraud or material misrepresentation by: (a) Any insured or his or her representative in obtaining this insurance; or (b) You or your representative in pursuing a claim under this policy. (3) A judgment by a court or an administrative tribunal that you have violated a California or Federal law, having as one of its necessary elements an act which materially increases any of the risks insured against. Page 1 of 4 DocuSign Envelope ID: 6E23EBD0-0672-49BB-90EF-C232167E3C5D (4) Discovery of willful or grossly negligent acts or omissions, or of any violations of state laws or regulations establishing safety standards, by you or your representative, which materially increase any of the risks insured against. (5) Failure by you or your representative to implement reasonable loss control requirements, agreed to by you as a condition of policy issuance, or which were conditions precedent to our use of a particular rate or rating plan, if that failure materially increases any of the risks insured against. (6) A determination by the Commissioner of Insurance that the: (a) Loss of, or changes in, our reinsurance covering all or part of the risk would threaten our financial integrity or solvency; or (b) Continuation of the policy coverage would: (i) Place us in violation of California law or the laws of the state where we are domiciled; or (ii) Threaten our solvency. (7) A change by you or your representative in the activities or property of the commercial or industrial enterprise, which results in a materially added, increased or changed risk, unless the added, increased or changed risk is included in the policy. b. We will mail or deliver advance written notice of cancellation, stating the reason for cancellation, to the first Named Insured, at the mailing address shown in the policy, and to the producer of record, at least: (1) 10 days before the effective date of cancellation if we cancel for nonpayment of premium or discovery of fraud; or (2) 30 days before the effective date of cancellation if we cancel for any other reason listed in Paragraph 3.a. B. The following provision is added to the Cancellation Common Policy Condition: 7. Residential Property This provision applies to coverage on real property which is used predominantly for residential purposes and consisting of not more than four dwelling units, and to coverage on tenants' household personal property in a residential unit, if such coverage is written under one of the following: Commercial Property Coverage Part Farm Coverage Part-Farm Property-Farm Dwellings, Appurtenant Structures And Household Personal Property Coverage Form a. If such coverage has been in effect for 60 days or less, and is not a renewal of coverage we previously issued, we may cancel this coverage for any reason, except as provided in b. and c. below. b. We may not cancel this policy solely because the first Named Insured has: (1) Accepted an offer of earthquake coverage; or (2) Cancelled or did not renew a policy issued by the California Earthquake Authority (CEA) that included an earthquake policy premium surcharge. However, we shall cancel this policy if the first Named Insured has accepted a new or renewal policy issued by the CEA that includes an earthquake policy premium surcharge but fails to pay the earthquake policy premium surcharge authorized by the CEA. c. We may not cancel such coverage solely because corrosive soil conditions exist on the premises. This restriction (c.) applies only if coverage is subject to one of the following, which exclude loss or damage caused by or resulting from corrosive soil conditions: (1) Commercial Property Coverage Part- Causes Of Loss -Special Form; or (2) Farm Coverage Part -Causes Of Loss Form -Farm Property, Paragraph D. Covered Causes Of Loss -Special. Page 2 of 4 © Insurance Services Office, Inc., 2012 IL 02 70 09 12 DocuSign Envelope ID: 6E23EBD0-0672-49BB-90EF-C232167E3C5D C. The following is added and supersedes any provisions to the contrary: Nonrenewal 1. Subject to the provisions of Paragraphs C.2. and C.3. below, if we elect not to renew this policy, we will mail or deliver written notice, stating the reason for nonrenewal, to the first Named Insured shown in the Declarations, and to the producer of record, at least 60 days, but not more than 120 days, before the expiration or anniversary date. We will mail or deliver our notice to the first Named Insured, and to the producer of record, at the mailing address shown in the policy. 2. Residential Property This provision applies to coverage on real property used predominantly for residential purposes and consisting of not more than four dwelling units, and to coverage on tenants' household property contained in a residential unit, if such coverage is written under one of the following: Commercial Property Coverage Part Farm Coverage Part-Farm Property-Farm Dwellings, Appurtenant Structures And Household Personal Property Coverage Form a. We may elect not to renew such coverage for any reason, except as provided in b., c. and d. below. b. We will not refuse to renew such coverage solely because the first Named Insured has accepted an offer of earthquake coverage. However, the following applies only to insurers who are associate participating insurers as established by Cal. Ins. Code Section 10089.16. We may elect not to renew such coverage after the first Named Insured has accepted an offer of earthquake coverage, if one or more of the following reasons applies: (1) The nonrenewal is based on sound underwriting principles that relate to the coverages provided by this policy and that are consistent with the approved rating plan and related documents filed with the Department of Insurance as required by existing law; (2) The Commissioner of Insurance finds that the exposure to potential losses will threaten our solvency or place us in a hazardous condition. A hazardous condition includes, but is not limited to, a condition in which we make claims payments for losses resulting from an earthquake that occurred within the preceding two years and that required a reduction in policyholder surplus of at least 25% for payment of those claims; or (3) We have: (a) Lost or experienced a substantial reduction in the availability or scope of reinsurance coverage; or (b) Experienced a substantial increase in the premium charged for reinsurance coverage of our residential property insurance policies; and the Commissioner has approved a plan for the nonrenewals that is fair and equitable, and that is responsive to the changes in our reinsurance position. c. We will not refuse to renew such coverage solely because the first Named Insured has cancelled or did not renew a policy, issued by the California Earthquake Authority, that included an earthquake policy premium surcharge. d. We will not refuse to renew such coverage solely because corrosive soil conditions exist on the premises. This restriction (d.) applies only if coverage is subject to one of the following, which exclude loss or damage caused by or resulting from corrosive soil conditions: (1) Commercial Property Coverage Part - Causes Of Loss -Special Form ; or (2) Farm Coverage Part -Causes Of Loss Form -Farm Property, Paragraph D. Covered Causes Of Loss -Special. 3. We are not required to send notice of nonrenewal in the following situations: a. If the transfer or renewal of a policy, without any changes in terms, conditions or rates, is between us and a member of our insurance group. IL 02 70 09 12 © Insurance Services Office, Inc., 2012 Page 3 of 4 DocuSign Envelope ID: 6E23EBD0-0672-49BB-90EF-C232167E3C5D Page 4 of 4 b. If the policy has been extended for 90 days or less, provided that notice has been given in accordance with Paragraph C.1 . c. If you have obtained replacement coverage, or if the first Named Insured has agreed, in writing, within 60 days of the termination of the policy, to obtain that coverage. d. If the policy is for a period of no more than 60 days and you are notified at the time of issuance that it will not be renewed. © Insurance Services Office, Inc., 2012 e. If the first Named Insured requests a change in the terms or conditions or risks covered by the policy within 60 days of the end of the policy period. f. If we have made a written offer to the first Named Insured, in accordance with the timeframes shown in Paragraph C.1., to renew the policy under changed terms or conditions or at an increased premium rate, when the increase exceeds 25%. IL 02 70 09 12 DocuSign Envelope ID: 6E23EBD0-0672-49BB-90EF-C232167E3C5D THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM TRUCKERS COVERAGE FORM SCHEDULE-ADDITIONAL INSURED: LAX INTERNATIONAL AIRPORT 1 WORLD WAY LOS ANGELES, CA 90045 A. In consideration of payment of the additional premium listed below, LIABILITY COVERAGE is extended to include the additional insured named herein, provided that 1) such insurance applies only to the ownership, maintenance or use of a covered "auto"; and 2) such insurance applies only to acts or omissions by you, your agents or your "employees" while such covered auto is being used in your business; and 3) such insurance does not apply to the acts or omissions of the additional insured or any of the additional insured's agents or "employees" other than you; and 4) such insurance does not apply if the additional insured is subject to motor carrier insurance requirements and is not insured for hired "autos" under an "auto" liability insurance form that insures on a primary basis the owners of the "autos" and their agents and "employees" while the "autos" are being used exclusively in the additional insured's business and pursuant to operating rights granted to the additional insured by a public authority. B. The insurance afforded to such additional insured : 1) Applies only to the extent permitted by law; and 2) Will not be broader than that which you are required by a contract or agreement to provide for such additional insured. C. The most we will pay on behalf of the additional insured is the lesser of the amount of insurance: 1) That you are required by a contract or agreement to provide for such additional insured; or 2) That is available under the applicable Limits of Insurance shown in the Declarations. All other terms, conditions and agreements remain unchanged. Additional Premium: $ 240 Company Name Policy Number 73 APR 411658 -02 National Liability & Fire Insurance Company Endorsement Effective 12/03/2023 12:01 AM Named Insured Countersigned by MAGIC CARPET SHUTTLE INC (Authorized Representative) (The Attaching Clause need be completed only when this endorsement is issued subsequent to preparation of the policy .) M-5887 (08/2017) M-5887 (08/2017) 08/16/2023 DocuSign Envelope ID: 6E23EBD0-0672-49BB-90EF-C232167E3C5D THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM TRUCKERS COVERAGE FORM SCHEDULE-ADDITIONAL INSURED: SAN DIEGO REGIONAL AIRPORT AUTHORITY ATTN: GROUND TRANSPORTATION PO BOX82776 A. In c~e;~Ji)!ijru'<!l~~t~ of the additional premium listed below, LIABILITY COVERAGE is extended to include the additional insured named herein, provided that: 1) such insurance applies only to the ownership, maintenance or use of a covered "auto"; and 2) such insurance applies only to acts or omissions by you, your agents or your "employees" while such covered auto is being used in your business; and 3) such insurance does not apply to the acts or omissions of the additional insured or any of the additional insured's agents or "employees" other than you; and 4) such insurance does not apply if the additional insured is subject to motor carrier insurance requirements and is not insured for hired "autos" under an "auto" liability insurance form that insures on a primary basis the owners of the "autos" and their agents and "employees" while the "autos" are being used exclusively in the additional insured's business and pursuant to operating rights granted to the additional insured by a public authority. B. The insurance afforded to such additional insured: 1) Applies only to the extent permitted by law; and 2) Will not be broader than that which you are required by a contract or agreement to provide for such additional insured. C. The most we will pay on behalf of the additional insured is the lesser of the amount of insurance: 1) That you are required by a contract or agreement to provide for such additional insured; or 2) That is available under the applicable Limits of Insurance shown in the Declarations. All other terms, conditions and agreements remain unchanged. Additional Premium: $ 80 Company Name Policy Number 73 APR 411658 -02 National Liability & Fire Insurance Company Endorsement Effective 12/03/2023 12:01 AM Named Insured Countersigned by MAGIC CARPET SHUTTLE INC (Authorized Representative) (The Attaching Clause need be completed only when this endorsement is issued subsequent to preparation of the policy .) M-5887 (08/2017) M-5887 (08/2017) 08/16/2023 DocuSign Envelope ID: 6E23EBD0-0672-4988-90EF-C232167E3C5D Policy Number 73 APR 411658 -02 PUNITIVE DAMAGE EXCLUSION DUTY TO DEFEND AMENDMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. M-3795 (3/87) This endorsement modifies the insurance provided under all coverage forms and is effective on the inception date of the policy or on the date shown below. The insuring agreement is amended to provide that this insurance does not apply to any sums awarded as punitive damages. The Company has the right and duty to defend any suit asking for damages covered by this policy. However, the Company has no duty to defend suits for bodily injury or property damage not covered by this policy. The Company has the right to defend any suit against the insured which seeks both punitive damages and damages covered in the insuring agreement. However, the Company has no duty to defend any suit seeking only punitive damages or where the remaining allegations of a complaint seek only punitive damages, and the Company shall have the right to settle that part or parts of a suit seeking damages other than punitive. In the event of a conflict of interest between the insured and the Company due to allegations of punitive damage or due to other allegations not covered by the insuring agreement, the Company shall not be obligated to retain separate counsel to represent the interests of the insured with respect to defense of non-covered allegations, but the insured shall have the right to retain separate counsel at the insured's expense to serve as co-counsel. The Company shall not be required to relinquish control of the defense to such co-counsel so long as covered allegations remain in the suit. All other terms, conditions and agreements of the policy shall remain unchanged. Company Name Policy Number 73 APR 411658 -02 National Liability & Fire Insurance Company Endorsement Effective 12/03/202312:01 AM Named Insured Countersigned by MAGIC CARPET SHUTTLE INC (Authorized Representative) (The Attaching Clause need be completed only when this endorsement is issued subsequent to preparation of the policy.) M-3795 (3/87) 08/16/2023 DocuSign Envelope ID: 6E23EBD0-0672-49BB-90EF-C232167E3C5D Policy Number 73 APR 411658 -02 ABUSE OR MOLESTATION EXCLUSION PLEASE READ THIS ENDORSEMENT CAREFULLY This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM The following exclusion is added to the policy: This insurance does not apply to "bodily injury" or "property damage" arising out of: (a) the alleged, actual or threatened abuse, molestation or sexual contact, whether or not intentional, by anyone of any person; or (b) the negligent: (i) employment; (ii) investigation; (iii) supervision; or (iv) retention; of anyone or negligent entrustment to anyone whose conduct would be excluded by (a) above; or (c) the reporting to authorities or failure to report to authorities the alleged, actual or threatened abuse, molestation or sexual contact by anyone of any person. All other terms, conditions and agreements shall remain unchanged. Company Name Policy Number 73APR411658-02 National Liability & Fire Insurance Company Endorsement Effective 12/03/202312:01 AM Named Insured Countersigned at MAGIC CARPET SHUTTLE INC by (Authorized Representative) (The Attaching Clause need be completed only when this endorsement is issued subsequent to preparation of the policy.) M-4803 (2/98) 08/16/2023 DocuSign Envelope ID: 6E23EBD0-0672-49BB-90EF-C232167E3C5D Policy Number 73 APR 411658 -02 IL N 11910 15 CALIFORNIA AUTO BODY REPAIR CONSUMER BILL OF RIGHTS (This form was developed by the California Department of Insurance.) A CONSUMER IS ENTITLED TO: 1. SELECT THE AUTO BODY REPAIR SHOP TO REPAIR AUTO BODY DAMAGE COVERED BY THE INSURANCE COMPANY. AN INSURANCE COMPANY SHALL NOT REQUIRE THE REPAIRS TO BE DONE AT A SPECIFIC AUTO BODY REPAIR SHOP. 2. AN ITEMIZED WRITTEN ESTIMATE FOR AUTO BODY REPAIRS AND, UPON COMPLETION OF REPAIRS, A DETAILED INVOICE. THE ESTIMATE AND THE INVOICE MUST INCLUDE AN ITEMIZED LIST OF PARTS AND LABOR ALONG WITH THE TOTAL PRICE FOR THE WORK PERFORMED. THE ESTIMATE AND INVOICE MUST ALSO IDENTIFY ALL PARTS AS NEW, USED, AFTERMARKET, RECONDITIONED, OR REBUILT. 3. BE INFORMED ABOUT COVERAGE FOR TOWING AND STORAGE SERVICES. 4. BE INFORMED ABOUT THE EXTENT OF COVERAGE, IF ANY, FOR A REPLACEMENT RENTAL VEHICLE WHILE A DAMAGED VEHICLE IS BEING REPAIRED. 5. BE INFORMED OF WHERE TO REPORT SUSPECTED FRAUD OR OTHER COMPLAINTS AND CONCERNS ABOUT AUTO BODY REPAIRS. 6. SEEK AND OBTAIN AN INDEPENDENT REPAIR ESTIMATE DIRECTLY FROM A REGISTERED AUTO BODY REPAIR SHOP FOR REPAIR OF A DAMAGED VEHICLE, EVEN WHEN PURSUING AN INSURANCE CLAIM FOR REPAIR OF THE VEHICLE. COMPLAINTS WITHIN THE JURISDICTION OF THE BUREAU OF AUTOMOTIVE REPAIR Complaints concerning the repair of a vehicle by an auto body repair shop should be directed to: Toll Free (866) 799-3811 Bureau of Automotive Repair 10949 North Mather Blvd. Rancho Cordova, CA 95670 The Bureau of Automotive Repair can also accept complaints over its web site at: www.autorepair.ca.gov. COMPLAINTS WITHIN THE JURISDICTION OF THE CALIFORNIA INSURANCE COMMISSIONER Any concerns regarding how an auto insurance claim is being handled should be submitted to the California Department of Insurance at: (800) 927-4357 or (213) 897-8921 California Department of Insurance Consumer Services Division 300 South Spring Street Los Angeles, CA 90013 The California Department of Insurance can also accept complaints over its web site at: www.insurance.ca.gov. 08/1612023 IL N 11910 15 © Insurance Services Office, Inc., 2015 Page 1 of 1 CERTIFICATE OF INSURANCE This certificate of insurance is NOT an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein. The terms, conditions and exclusions of the policy govern the rights and obligations of the Company to the named insured and any other insureds and may substantially limit coverage. Provisions of any other contract, including agreements between the insured and anyone else, cannot and do not amend, extend, or alter any terms, conditions or exclusions in the policy. Additional insured and other endorsements may be authorized only by the Company or its appointed General Agent. Where reference is made to an Aggregate Limit, such limit is the Company's maximum liability under the Policy for the entire policy period regardless of the number of insureds, claimants or occurrences. Date 06/18/2024 NAMED INSURED MAGIC CARPET SHUTTLE INC NAMED INSURED'S ADDRESS 3439 LAKE CIRCLE DR, FALLBROOK, CA 92028 INSURANCE COMPANY NAME: National Fire & Marine Insurance Company INSURANCE COMPANY ADDRESS: 1314 Douglas St• Omaha, Nebraska• 68102 POLICY NUMBER TYPE OF INSURANCE LIMITS COMMERCIAL GENERAL LIABILITY -Occurrence Form [a Premises -Operations 0 Products/Completed Operations D Other(Specify) ________________ _ E~ch Occurrence Limit Damage to Premises Rented Medical Expense Limit (Any One Person) Personal & Advertising Injury Limit General Aggregate Limit Products -Completed Operations Aggregate Limit $1,000,000 $ 100,000 $ 5,000 $ 1,000,000 $ 2,000,000 $ Incl in Gen Agg POLICY INCLUDES COMP ANY-SPECIFIC NON-STANDARD ENDORSEMENTS WHICH MAY BE RESTRICTIVE OR EXCLUSIONARY IN NATURE. INCEPTION DATE EXPIRATION DATE This Certificate is not evidence of additional insured status for the certificate holder nor is it descriptive of coverage for any additional insured. The certificate holder has been named as an additional insured under the terms of a M-5350a (05/09) endorsement to the policy. For a description of the coverage, please refer to the policy. In the event of any material change in or cancellation of said policy, the Company's appointed General Agent may, but is not obligated to, notify the party to whom this Certificate is issued of such change or cancellation. The COMPANY undertakes no responsibility by reason of any failure to provide such notification. This Certificate issued to: CITY OF CARLSBAD, ITS OFFICERS & EMPLOYEES 1635 FARADAY AVENUE CARLSBAD, CA 92008 M-5238a (02/2007) This Certificate Issued by: By Pacific Gateway Insurance Agency 28470 Ave Stanford Ste 325 Valencia, CA 91355 Company General Agent THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED Name of Person or Organization (Additional Insured): City of Carlsbad, Library & Cultural Arts Department 1775 Dove Lane Carlsbad, CA 92011 Location of Covered Operations: SCHEDULE Only the locations at which the Named Insured performs work or operations under written contract with the Additional Insured. A. Who Is An Insured (Section II) is amended to include as an insured the person or organization (called "additional insured") shown in the Schedule but only with respect to liability arising out of: 1. Your ongoing operations performed for the additional insured (s) at the location designated above; or 2. Your ongoing operations at the location designated above if the additional insured is the owner of the designated location; or 3. Acts or omissions of the additional insured(s) in connection with their general supervision of such operations. B. With respect to the insurance afforded these additional insureds, the following additional provisions apply: This insurance does not apply to: M-5350a (05/2009) 1. "Bodily injury", "property damage" or "personal and advertising injury" for which the additional insured(s) are obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the additional insured(s) would have in the absence of the contract or agreement. 2. "Bodily injury", "property damage" or "personal and advertising injury" arising out of any act or omission of the additional insured(s) or any of their "employees", agents, or independent contractors, other than the general supervision by the additional insured(s) of your ongoing operations performed for the additional insured(s). 3. "Property damage" to: a. Property owned, used or occupied by or rented to the additional insured(s); b. Property in the care, custody, or control of the additional insured(s) or over which the additional insured(s) are for any purpose exercising physical control; or c. "Your work". 4. "Bodily injury", "property damage" or "personal and advertising injury" occurring after "your work" at the involved designated location has been completed. Company Name Policy Number 72LPS049585 National Fire & Marine Insurance Company Endorsement Effective 06/06/2024 11 :51AM Named Insured Countersigned by Magic Carpet Shuttle Inc (Authorized Representative) (The Attaching Clause need be completed only when this endorsement is issued subsequent to preparation of the policy .) GLS -1.7.0 .238 -TH(24) -HOA -6/14/2024 2:21 :19 PM EST M-5350a (05/2009) Contains copyrighted material of Insurance Services Office, Inc. © 1996 used with permission ~ 106/18/2024 4:23 PM ACORD" CERTIFICATE OF LIABILITY INSURANCE ~ THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. !IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Ringwalt & Liesche Co. dba Pacific Gateway lnsuran NAME, Cesar S Gerardo Insurance Brokers Inc PHONE IFAX 26120 Eden Landing Road Ste. 5 (A/C. No. Ext), 6612575977 (AIC. No), Hayward, CA 94545 E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC# INSURER A: NATIONAL LIABILITY & FIRE INS. CO. 20052 INSURED INSURER B: MAGIC CARPET SHUTTLE INC DBA GIRLS DAY OUT INSURER C: 3439 LAKE CIRCLE DRIVE INSURER D: FALLBROOK, CA 92028 INSURER E: IUCcllOCC, F"• COVERAGES CERTIFICATE NUMBER· 277,309 REVISION NUMBER· THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSO WVD POLICY NUMBER IMMIDDIYYYY\ IMMIDOIYYYY\ LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ :□ CLAIMS-MADE O occuR DAMAGE TO RENTED $ PREMISES {Ea occurrence' ..... MED EXP (Any one person) $ PERSONAL & ADV INJURY $ ,- GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ ~ POLICY □PRO-J □LOC PRODUCTS -COMP/OP AGG $ ECT OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,500,000 -(Ea accident\ ANY AUTO BODILY INJURY (Per person) $ N/A A -OWNED ;;-SCHEDULED 73APR411658-02 12/03/2023 12/03/2024 AUTOS ONLY 12:01 AM 12:01 AM BODILY INJURY (Per accident) $ N/A -_ AUTOS HIRED AUTOS NON-OWNED PROPERTY DAMAGE $ NIA -ONLY 1-AUTOS ONLY (Per accident) UMBRELLA LIAB OCCUR EACH OCCURRENCE $ ..... EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED I I RETENTION s $ WORKERS COMPENSATION ' PER I I OTH- -AND EMPLOYERS' LIABILITY ~TATIITE ER ANY PROPRIETOR/PARTNER/EXECUTIVE NIA E. L. EACH ACCIDENT $ 1-OFFICER/MEMBER EXCLUDED? YIN (Mandatory in NH) C E. L DISEASE-EA EMPLOYEE $ i--If yes, describe under DESCRIPTION OF OPERATIONS below E. L DISEASE-POLICY LIMIT $ $ $ DESCRIPTION OF OPERATIONS I LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Comp or Stated Phys. Dam. In-Tow Cargo Year, Make, Model, VIN Collision ~~, "~lliii 8W!il!.!C~ ~!il~!il!iilibl~ Liwil liwil 2020 MERCEDES BENZ SPRINTER W1Z4EGHY9LT029769 Covered C 75,000 1000/1000 NIA NIA CERTIFICATE HOLDER CANCELLATION CITY OF CARLSBAD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED 1635 FARADAY AVENUE BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. CARLSBAD, CA 92008 AUTHORIZED REPRESENTATIVE _J~~ © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) M-5652 (10/2017) The ACORD name and logo are registered marks of ACORD CERTIFICATE OF EXEMPTION WORKERS' COMPENSATION/EMPLOYERS' LIABILITY INSURANCE I, Jomara Gonzalez , am the Owner of Magic Carpet Shuttle Inc. I hereby certify that Magic Carpet Shuttle Inc. has no employees and is not required by law to maintain workers' compensation or employers liability insurance. Should we employ any person Magic Carpet Shuttle Inc. employ during the term of the Agreement with the City of Carlsbad for TGIF Concerts in the Park then workers' compensation and employers' liability insurance will be obtained. Jomara Gonzalez Owner Magic Carpet Shuttle Inc. A C ORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~-6/26/2024 ~ THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER ~2~i~cT Tahina Gonzalez TIB Transportation Insurance Brokers, LLC ;JJ8Nf1To Extl: 818-246-2800 I rie~ Nol: 818-246-4690 425 W. Broadway Suite 300 i~D'M~ss: t~onzalez@acrisure.com G lendale CA 91204-1269 INSURER(S) AFFORDING COVERAGE NAIC# INSURER A: Trisura Insurance Company 22225 INSURED HIGHCHA-02 INSURER B : Trisura Specialty Insurance Company 16188 Highline Charter Inc. INSURERC : 3413 E. Street San Diego CA 92102 INSURERD : INSURER E : INSURER F: COVERAGES CERTI FICATE NUMBER· 177627352 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR •••~n W\/n POLICY NUMBER (MM/DD/YYYYI (MM/DD/YYYYI A X COMMERCIAL GENERAL LIABILITY y KGA015002403 71312024 7/3/2025 EACH OCCURRENCE $1,000,000 -□ CLAIMS-MADE 0 OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) $100,000 MED EXP (Any one person) $5.000 - PERSONAL & ADV INJURY $1.000.000 - GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $1,000,000 ~ □PRO-DLoc PRODUCTS -COMP/OP AGG $1,000,000 POLICY JECT OTHER: $ A AUTOMOBILE LIABILITY y KAA015002403 713/2024 7/312025 COMBINED SINGLE LIMIT $1 000 000 /Ea accidentl ~ ANY AUTO BODILY INJURY (Per person) $ ~ ALL OWNED X SCHEDULED BODILY INJURY (Per accident) $ ~ AUTOS _ AUTOS X X NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS _ AUTOS (Per accidentl ~ $ B UMBRELLA LIAB MOCCUR y KXA015002403 71312024 713/2025 EACH OCCURRENCE $4,000,000 -X EXCESS LIAB CLAIMS-MADE AGGREGATE $ OED I I RETENTION$ $ WORKERS COMPENSATION I PER I I OTH- AND EMPLOYERS' LIABILITY STATUTE ER Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE □ N/A E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L. DISEASE -EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Excess Liability applies to Auto & General Liability coverage. Certificate Holder is included as Additional Insured with respects to their interest in the operations of the named insured. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Carlsbad 1775 Dove Lane AUTHORIZED REPRESENTATIVE Carlsbad CA 92011 ~----I © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD A C ORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDIYYYY) ~ 03/06/2024 ~ THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Automatic Data Processing Insurance Agency, Inc. NAME: Automatic Data Processing Insurance Agency, Inc. rJgNJo Extl: 1-800-524-7024 I r-02 Nol: E-MAIL ADDRESS: 1 Adp Boulevard INSURER(S) AFFORDING COVERAGE NAIC# Roseland NJ 07068 INSURER A : SIRIUSPOINT AMERICA INSURANCE COMPANY 38776 INSURED HIGHLINE CHARTER INC. INSURER B: INSURER C: 3413 E St INSURERD: INSURER E: San Diego CA 921023335 INSURER F: COVERAGES CERTIFICATE NUMBER: 3507778 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LTR INSD WVD POLICY NUMBER (MM/DDIYYYYl (MM/DDIYYYY} LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ -~ CLAIMS-MADE □ OCCUR DAMAGc I u Re" cD PREMISES (Ea occurrence} $ MED EXP (Any one person) $ - PERSONAL & ADV INJURY $ ~ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ Fl □PRO-DLoc PRODUCTS -COMP/OP AGG $ POLICY JECT OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) -ANY AUTO BODILY INJURY (Per person) $ -OWNED -SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ -HIRED -NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accidentl $ -- $ UMBRELLA LIAB HOCCUR EACH OCCURRENCE $ - EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED I I RETENTION $ $ WORKERS COMPENSATION IXI ~'ftuTE I IOTH- AND EMPLOYERS' LIABILITY ER Y/N 1,000,000 A ANY PROPRIETOR/PARTNER/EXECUTIVE IT] N WC12761700 12/01/2023 12/01/2024 E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L. DISEASE -EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Insured Copy ACCORDANCE WITH THE POLICY PROVISIONS. Highline Charter Inc AUTHORIZED REPRESENTATIVE 3413 E St. !(_~ '")~')~ San Diego CA 92102 I © 1988-2015 ACORD CORPORATION. All nghts reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD