The URL can be used to link to this page

Home My WebLink AboutCasper Company; 2023-09-26; PWM24-2262FACPWM24-2262FAC Alga Norte Acid Tank Cover Demo Page 1 of 8 City Attorney Approved 6/30/2023 Cont. No. 4733 CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT ALGA NORTE ACID TANK COVER DEMOLITION; CONT. NO. 4733 This agreement is made on the ______________ day of _________________________, 2023, by the City of Carlsbad, California, a municipal corporation (hereinafter called "City") and Casper Company, a California corporation, whose principal place of business is 3825 Bancroft Drive, Spring Valley, California 91977 (hereinafter called "Contractor"). City and Contractor agree as follows: DESCRIPTION OF WORK. Contractor shall perform all work specified in the Contract documents for the project described by these Contract Documents (hereinafter called "Project"). PROVISIONS OF LABOR AND MATERIALS. Contractor shall provide all labor, materials, tools, equipment, and personnel to perform the work specified by the Contract Documents unless excepted elsewhere in this Contract. CONTRACT DOCUMENTS. The Contract Documents consist of this Contract, exhibits to this Contract, Contractor's Proposal, the Plans and Specifications, the General Provisions, as contained in the Standard Specifications for Public Works Construction “Greenbook,” latest edition and including all errata; Part 1 General Provisions, addendum(s) to said Plans and Specifications, and all proper amendments and changes made thereto in accordance with this Contract or the Plans and Specifications, all of which are incorporated herein by this reference. When in conflict, this Contract will supersede terms and conditions in the Contractor’s proposal. LABOR. Contractor will employ only skilled workers and abide by all State laws and City of Carlsbad Ordinances governing labor. GUARANTEE. Contractor guarantees all labor and materials furnished and agrees to complete the Project in accordance with directions and subject to inspection approval and acceptance by Ron Haugland (City Project Manager). PAYMENT. The City shall withhold retention as required by Public Contract Code Section 9203. WAGE RATES. The general prevailing rate of wages for each craft or type of worker needed to execute the Contract shall be those as determined by the Director of Industrial Relations pursuant to Sections 1770, 1773 and 1773.1 of the Labor Code. Pursuant to Section 1773.2 of the Labor Code, a current copy of the applicable wage rates is on file in the Office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in execution of the Contract. Contractor shall be responsible for insuring compliance with provisions of section 1777.5 of the Labor Code and section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act." The City Engineer is the City's "duly authorized officer" for the purposes of section 4107 and 4107.5. DocuSign Envelope ID: 679E77A5-386C-444B-8D86-F8B73B69F9C5 26th September PWM24-2262FAC Alga Norte Acid Tank Cover Demo Page 2 of 8 City Attorney Approved 6/30/2023 Cont. No. 4733 The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall apply to the Contract for work. A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. CONSTRUCTION MANAGEMENT SOFTWARE. Procore Project Management and Collaboration System. This project may utilize the Owner’s Procore (www.procore.com) online project management and document control platform. The intent of utilizing Procore is to reduce cost and schedule risk, improve quality and safety, and maintain a healthy team dynamic by improving information flow, reducing non- productive activities, reducing rework and decreasing turnaround times. The Contractor is required to create a free web-based Procore user account(s) and utilize web-based training / tutorials (as needed) to become familiar with the system. Unless the Engineer approves otherwise, the Contractor shall process all project documents through Procore because this platform will be used to submit, track, distribute and collaborate on project. If unfamiliar or not otherwise trained with Procore, Contractor and applicable team members shall complete a free training certification course located at http://learn.procore.com/procore-certification-subcontractor. The Contractor is responsible for attaining their own Procore support, as needed, either through the online training or reaching out to the Procore support team. It will be the responsibility of the Contractor to regularly check Procore and review updated documents as they are added. There will be no cost to the Contractor for use of Procore. It is recommended that the Contractor provide mobile access for Windows, iOS located at https://apps.apple.com/us/app/procore-construction-management/id374930542 or Android devices located at https://play.google.com/store/apps/details?id=com.procore.activities with the Procore App installed to at least one on-site individual to provide real-time access to current posted drawings, specifications, RFIs, submittals, schedules, change orders, project documents, as well as any deficient observations or punch list items. Providing mobile access will improve communication, efficiency, and productivity for all parties. The use of Procore for project management does not relieve the contractor of any other requirements as may be specified in the contract documents. FALSE CLAIMS. Contractor hereby agrees that any contract claim submitted to the City must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. DocuSign Envelope ID: 679E77A5-386C-444B-8D86-F8B73B69F9C5 PWM24-2262FAC Alga Norte Acid Tank Cover Demo Page 3 of 8 City Attorney Approved 6/30/2023 Cont. No. 4733 Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the contractor may be prevented from further bidding on public contracts for a period of up to five (5) years and that debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subcontractor from participating in contract bidding. Signature: ___________________________________ Print Name: ___________________________________ REQUIRED INSURANCE. The successful contractor shall provide to the City of Carlsbad, a Certification of Commercial General Liability and Property Damage Insurance and a Certificate of Workers’ Compensation Insurance indicating coverage in a form approved by the California Insurance Commission. The certificates shall indicate coverage during the period of the contract and must be furnished to the City prior to the start of work. The minimum limits of liability insurance are to be placed with California admitted insurers that have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer 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. Commercial General Liability Insurance of Injuries including accidental death, to any one person in an amount not less than……..$1,000,000 Subject to the same limit for each person on account of one accident in an amount not less than ….…$1,000,000 Property damage insurance in an amount of not less than……..$1,000,000 Automobile Liability Insurance in the amount of $1,000,000 combined single limit per accident for bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. The automobile insurance certificate must state the coverage is for “any auto” and cannot be limited in any manner. The above policies shall have non-cancellation clauses providing that 30 days written notice shall be given to the City prior to such cancellation. The policies shall name the City of Carlsbad as an additional insured. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. 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. BUSINESS LICENSE. The Contractor and all subcontractors are required to have and maintain a valid City of Carlsbad Business License for the duration of the contract. William Haithcock DocuSign Envelope ID: 679E77A5-386C-444B-8D86-F8B73B69F9C5 PWM24-2262FAC Alga Norte Acid Tank Cover Demo Page 4 of 8 City Attorney Approved 6/30/2023 Cont. No. 4733 INDEMNITY. The Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the City, and its officers and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in connection with the performance of the Contract or work; or from any failure or alleged failure of Contractor to comply with any applicable law, rules or regulations including those related to safety and health; and from any and all claims, loss, damages, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the Contract, except for loss or damage caused by the sole or active negligence or willful misconduct of the City. The expenses of defense include all costs and expenses including attorneys’ fees for litigation, arbitration, or other dispute resolution method. JURISDICTION. The Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this agreement is San Diego County, California. Start Work: Contractor agrees to start within ten (10) working days after receipt of Notice to Proceed. Completion: Contractor agrees to complete work within ten (10) working days after commencing work. CONTRACTOR’S INFORMATION. Casper Company 3825 Bancroft Drive (name of Contractor) 478960 (street address) Spring Valley, CA 91977 (Contractor’s license number) D21 9/30/2023 (city/state/zip) 619-589-6001 (license class. and exp. date) 1000002917 6/30/2025 (telephone no.) billh@caspercompany.com (DIR registration number and exp. date) (e-mail address) [signatures on following page] DocuSign Envelope ID: 679E77A5-386C-444B-8D86-F8B73B69F9C5 PWM24-2262FAC Alga Norte Acid Tank Cover Demo Page 5 of 8 City Attorney Approved 6/30/2023 Cont. No. 4733 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. CONTRACTOR CASPER COMPANY, a California corporation CITY OF CARLSBAD, a municipal corporation of the State of California By: By: (sign here) Isabel Marocco, CFO Paz Gomez, Deputy City Manager, Public Works, as authorized by the City Manager (print name/title) By: (sign here) William Haithcock, President (print name/title) If required by City, proper notarial acknowledgment of execution by Contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A Group B Chairman, President, or Vice-President 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: CINDIE K. McMAHON, City Attorney BY: _____________________________ Deputy City Attorney DocuSign Envelope ID: 679E77A5-386C-444B-8D86-F8B73B69F9C5 PWM24-2262FAC Alga Norte Acid Tank Cover Demo Page 6 of 8 City Attorney Approved 6/30/2023 Cont. No. 4733 EXHIBIT A LISTING OF SUBCONTRACTORS BY GENERAL CONTRACTOR Set forth below is the full name and location of the place of business of each subcontractor whom the Contractor proposes to subcontract portions of the Project in excess of one-half of one percent of the total bid, and the portion of the Project which will be done by each subcontractor for each subcontract. NOTE: The Contractor understands that if it fails to specify a subcontractor for any portion of the Project to be performed under the contract in excess of one-half of one percent of the bid, the contractor shall be deemed to have agreed to perform such portion, and that the Contractor shall not be permitted to sublet or subcontract that portion of the work, except in cases of public emergency or necessity, and then only after a finding, reduced in writing as a public record of the Awarding Authority, setting forth the facts constituting the emergency or necessity in accordance with the provisions of the Subletting and Subcontracting Fair Practices Act (Section 4100 et seq. of the California Public Contract Code). If no subcontractors are to be employed on the project, enter the word "NONE." SUBCONTRACTORS Type of Work to be Subcontracted Business Name and Address DIR Registration No. License No., Classification & Expiration Date % of Total Contract Total % Subcontracted: _______________ The Contractor must perform no less than 50% of the work with its own forces. DocuSign Envelope ID: 679E77A5-386C-444B-8D86-F8B73B69F9C5 NoneNoneNoneNone None None PWM24-2262FAC Alga Norte Acid Tank Cover Demo Page 7 of 8 City Attorney Approved 6/30/2023 Cont. No. 4733 EXHIBIT B Alga Norte Acid Tank Cover Demo Contractor shall demolish steel structure, remove shade structure, remove concrete containment wall and perform removal and clean-up activities in accordance with the attached propsoal dated July 18, 2023. JOB QUOTATION ITEM NO. UNIT QTY DESCRIPTION PRICE 1 LS 1 Demolition per proposal $15,653 TOTAL* $15,653 *Includes taxes, fees, expenses and all other costs. DocuSign Envelope ID: 679E77A5-386C-444B-8D86-F8B73B69F9C5 PWM24-2262FAC; Exhibit “B” (cont.) Page 8 of 8 DATE: MAY 3, 2023 REVISED ON 7-18 TO: CITY OF CARLSBAD ATTN: RON HAUGLAND EMAIL: Ron.Haugland@carisbadca.gov FROM: DARRELL MERRITT EMAIL: darrell@caspercompany.com CELL 760-535-3918 PROJECT: ALGA NORTE AQUATIC CENTER ADDRESS: 6565 ALICANTE RD PROPOSED SCOPE OF WORK: PROVIDE LABOR, SUPERVISION, EQUIPMENT, TRUCKING & DUMP FEES TO DEMOLISH & REMOVE THE FOLLOWING FINISHES. DEMOLITION : ➢ DEMO STEEL STRUCTURE ➢ DEMO TANK ENCLOSER CMU WALL 4’TALL ( LEAVE WALLS FLUSH WITH TOP OF SLAB) ➢ WALL SAW CMU WALL FLUSH WITH BUILDING ➢ DEMO STEEL SHADE STRUCTURE ➢ EXCLUDING, TANK CLEANING OR REMOVAL ❖ NO UNION AFFILIATION .DIR #1000002917 LICENSE #478960 “PREVAILING WAGES ARE INCLUDED” TOTAL BID AMOUNT $15,653.00 EXCLUSIONS FROM PROPOSAL: LANDSCAPE REPLACEMENT AND IRRIGATION REPAIR, Bonds, Permits, Layout, Overtime, x-ray or ground penetrating radar of slab, underground utilities mark out, Temp shoring and/ or bracing, trench plate rental, traffic control and/ or pedestrian control, SWPPP and/ or erosion control, weather protection, import of any soil materials, rough and/ or fine grading, cutting and/ or capping utilities, disconnects, safe off, barricades and signage, layout, hazardous material removal, any unforeseen conditions, any work not listed above. 3825 BANCROFT DR. •SPRING VALLEY CA, 91977 •P. 619.589.6001 •LICENSE # 478960 •DOSH# 730 DocuSign Envelope ID: 679E77A5-386C-444B-8D86-F8B73B69F9C5 mpany I •CORE DRILLING •CONCRETE CUTTING •ENVIRONMENTAL •DEMOLITION i ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? INSR ADDL SUBRLTRINSD WVD PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH-STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 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. 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). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 8/16/2023 License # 0L48969 (619) 233-8000 (619) 864-7106 17370 Casper Company 3825 Bancroft Dr Spring Valley, CA 91977 10885 38733 A 2,000,000 ECP202411715 10/1/2022 10/1/2023 100,000 15,000 2,000,000 2,000,000 2,000,000 1,000,000B BAP202410815 10/1/2022 10/1/2023 2,000,000A FFX202411915 10/1/2022 10/1/2023 2,000,000 0 C 22JWD10326 10/1/2022 10/1/2023 1,000,000 N 1,000,000 1,000,000 RE: All projects performed by the named insured on behalf of the certificate holder. Additional insureds are included as/where required by written contract as respects to General Liability, Auto Liability, General waiver of subrogation, Auto waiver of subrogation, General Liability primary non-contributory wording, Auto Liability primary non-contributory wording and Workers Compensation waiver of subrogation but limited to the operations of the Insured under said contract, and always subject to all the policy terms, conditions and exclusions per endorsements attached. Commercial Umbrella or Excess Liability follows form according to the terms, conditions, and endorsements found in the policy. 30 days’ notice of cancellation applies 10 days for cancellation due to non-payment of premium. THIS CERTIFICATE CANCELS AND SUPERSEDES ANY CERTIFICATE PREVIOUSLY ISSUED SEE ATTACHED ACORD 101 City of Carlsbad CMWD c o EXIGIS Insurance Compliance Services P.O. Box 947 Murrieta, CA 92564 CASPCOM-01 ASFCH1 C3 Risk & Insurance Services 404 Camino Del Rio S. STE 410 San Diego, CA 92108 certs@c3insurance.com Nautilus Insurance Company Key Risk Insurance Company Alaska National Insurance Company X X X X X X X X X X ACORD" I ~ I ~ □ □ ~ ~ ~ □ □ ~ ~ ~ ~ ~ ~ ~ ~ H I I I I I □ I FORM NUMBER: EFFECTIVE DATE: The ACORD name and logo are registered marks of ACORD ADDITIONAL REMARKS ADDITIONAL REMARKS SCHEDULE FORM TITLE: Page of THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, ACORD 101 (2008/01) AGENCY CUSTOMER ID: LOC #: AGENCY NAMED INSURED POLICY NUMBER CARRIER NAIC CODE © 2008 ACORD CORPORATION. All rights reserved. C3 Risk & Insurance Services CASPCOM-01 SEE PAGE 1 1 SEE PAGE 1 ACORD 25 Certificate of Liability Insurance License # 0L48969 1 SEE P 1 Casper Company 3825 Bancroft Dr Spring Valley, CA 91977 SEE PAGE 1 ASFCH1 1 Description of Operations/Locations/Vehicles: The City of Carlsbad is included as additional insured per the attached. ~ ACORD" ~ I ECP 1219 01 21 Includes copyrighted material of Insurance Services Office, Inc., used with its permission.Page 1 of 3 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT - COVERAGE A Policy Number Policy Effective Date Policy Expiration Date Endorsement Effective Date 10/1/2023 10/1/2022 This endorsement modifies insurance provided under the following: ENVIRONMENTAL COMBINED POLICY SCHEDULE Designated Construction Project(s):Designated Construction Project Limit: Each of your projects away from premises owned or rented to you, performed during the policy period when a Designated Per Project Aggregate Limit of Insurance is required in a written contractual agreement. $2,000,000 I.For all amounts which the insured becomes legally obligated to pay as damages caused by occurrences under SECTION I – COVERAGE A – BODILY INJURY AND PROPERTY DAMAGE LIABILITY which can be attributed only to ongoing operations as shown in the SCHEDULE above: 1.A separate Designated Construction Project Limit applies to each designated construction project and that limit is the lesser of: a.the Designated Construction Project Limit indicated in the SCHEDULE; or b.the amount of the General Aggregate Limit shown in the Declarations. 2.The Designated Construction Project Limit is the most we will pay for the sum of all damages under SECTION I – COVERAGE A – BODILY INJURY AND PROPERTY DAMAGE LIABILITY, except damages because of bodily injury or property damage included in the products-completed operations hazard, regardless of the number of: a. Insureds; b. Claims made or suits brought; or c.Persons or organizations making claims or bringing suits. 3.Any payments made under SECTION I – COVERAGE A – BODILY INJURY AND PROPERTY DAMAGE LIABILITY for damages shall reduce the Designated Construction Project Limit for that designated construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Construction Project Limit, except as affected by the Designated Construction Project Aggregate Limit described in 5.b. below. 4.The limits shown in the Declarations for Each Occurrence and Damage to Premises Rented to You continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Construction Project Limit. 5. a.The Designated Construction Project General Aggregate Limit is the most we will pay for all damages under the Designated Construction Project Limit, described in 1. and 2. above. b.Regardless of the number of construction projects or designated construction projects covered under this policy, the most we will pay as the Designated Construction Project General Aggregate is $10,000,000. II.For all amounts which the insured becomes legally obligated to pay as damages caused by occurrences under SECTION I –COVERAGE A – BODILY INJURY AND PROPERTY DAMAGE LIABILITY which can be attributed only to ongoing operations at the Designated Construction Project(s) shown in the SCHEDULE above: 1.Any payments made under SECTION I –COVERAGE A – BODILY INJURY AND PROPERTY DAMAGE LIABILITY for damages shall reduce the amount available under the General Aggregate Limit or the Products Completed Operations Aggregate Limit, whichever is applicable; and ECP202411715 10/1/2022 ECP 1219 01 21 Includes copyrighted material of Insurance Services Office, Inc., used with its permission.Page 2 of 3 2.Such payments shall not reduce any Designated Construction Project General Aggregate Limit ECP 1219 01 21 Includes copyrighted material of Insurance Services Office, Inc., used with its permission.Page 3 of 3 III.When coverage for liability arising out of the products-completed operations hazard is provided, any payments for damages because of bodily injury or property damage included in the products-completed operations hazard will reduce the Products-Completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Designated Construction Project General Aggregate Limit. IV.If the applicable designated construction project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. V.The provisions of SECTION V – LIMITS OF INSURANCE not otherwise modified by this endorsement shall continue to apply as stipulated. ALL OTHER TERMS AND CONDITIONS OF THE POLICY SHALL APPLY AND REMAIN UNCHANGED. ECP 1248 01 21 Includes copyrighted material of Insurance Services Office, Inc., used with its permission.Page 1 of 2 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -- OWNERS, LESSEES OR CONTRACTORS AUTOMATIC STATUS – COMPLETED OPERATIONS – COVERAGE A, D.1 & D.4 Policy Number Policy Effective Date Policy Expiration Date Endorsement Effective Date 10/1/2023 10/1/2022 This endorsement modifies insurance provided under the following: ENVIRONMENTAL COMBINED POLICY I. SECTION III – WHO IS AN INSURED is amended to include as an additional insured: 1.Any person or organization for whom you have performed operations when you and such person or organization have agreed in writing in a contract or agreement, in effect during this policy period, that such person or organization be added as an additional insured on this policy; and 2.Any other person or organization you are explicitly required to add as an additional insured under the contract or agreement described in Paragraph 1. above. Such contract or agreement must be executed and in effect prior to the performance of your work included in the products-completed operations hazard which is the subject of such contract or agreement. Such person(s) or organization(s) is an additional insured only with respect to liability for bodily injury or property damage under SECTION I – COVERAGE A – BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Coverage D.1 – Contractors Pollution Legal Liability and Coverage D.4 – Microbial Substance Contractors Pollution Liability, directly caused by your work performed for the additional insured described in Paragraph 1. or 2. above, and included in the products-completed operations hazard. However, the insurance afforded to such additional insured described above: a.Only applies to the extent permitted by law; and b.Will not be broader than that which you are required by the contract or agreement to provide for such additional insured; and c.Will not extend beyond that which is provided to you in this policy. II.With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: a.Bodily injury or property damage arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1)The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2)Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the occurrence which caused the bodily injury or property damage involved the rendering of, or the failure to render any professional architectural, engineering or surveying services. III.With respect to the insurance afforded to these additional insureds, the following is added to SECTION V – LIMITS OF INSURANCE: The most we will pay on behalf of the additional insured is the amount of insurance: 1.Required by the contract or agreement described in Paragraph I.1.; or 2.Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. IV.With respect to the insurance afforded to these additional insureds, the following is added to SECTION VI – ECP202411715 10/1/2022 ECP 1248 01 21 Includes copyrighted material of Insurance Services Office, Inc., used with its permission.Page 2 of 2 REPORTING, DEFENSE, SETTLEMENT & COOPERATION: 1. Duties -- Additional Insured An additional insured must see to it that: a.We are notified in writing as soon as practicable of an occurrence which may result in a claim or suit; b.We receive written notice of a claim or suit as soon as practicable; and c.A request for defense and indemnity of the claim or suit will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named Insured, if the contract or agreement requires that this coverage be primary and noncontributory. V. SECTION VII – CONDITION 10. – Other Insurance is amended by the addition of the following which supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to a person(s) or organization(s) included as an additional insured under this endorsement provided that: 1.The additional insured person(s) or organization(s) is a Named Insured under such other insurance; and 2.You have agreed in writing in a contract or agreement, in effect during this policy period, that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured person(s) or organization(s). Such contract or agreement must be executed and in effect prior to the performance of your work included in the products-completed operations hazard which is the subject of such contract or agreement. However, this provision does not apply if the other insurance available to the person(s) or organization(s) included as an additional insured is Owners and Contractors Protective Liability, Railroad Protective Liability, or similar project- specific, primary insurance. VI.This endorsement does not apply to an additional insured which has been added to this policy by an endorsement showing the additional insured in a SCHEDULE of additional insureds, and which endorsement applies to that designated additional insured. ALL OTHER TERMS AND CONDITIONS OF THE POLICY SHALL APPLY AND REMAIN UNCHANGED. ECP 1246 01 21 Includes copyrighted material of Insurance Services Office, Inc., used with its permission.Page 1 of 2 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -- OWNERS, LESSEES OR CONTRACTORS AUTOMATIC STATUS – ONGOING OPERATIONS – COVERAGE A, B, D.1 & D.4 Policy Number Policy Effective Date Policy Expiration Date Endorsement Effective Date 10/1/2023 10/1/2022 This endorsement modifies insurance provided under the following: ENVIRONMENTAL COMBINED POLICY I. SECTION III – WHO IS AN INSURED is amended to include as an additional insured: 1.Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement, in effect during this policy period, that such person or organization be added as an additional insured on this policy; and 2.Any other person or organization you are explicitly required to add as an additional insured under the contract or agreement described in Paragraph 1. above. Such contract or agreement must be executed and in effect prior to the performance of your work which is the subject of such contract or agreement. Such person(s) or organization(s) is an additional insured only with respect to liability for bodily injury or property damage under SECTION I – COVERAGE A – BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Coverage D.1 – Contractors Pollution Legal Liability and Coverage D.4 – Microbial Substance Contractors Pollution Liability, or personal injury or advertising injury under SECTION I - COVERAGE B – PERSONAL AND ADVERTISING INJURY LIABILITY directly caused by: a.Your acts or omissions; or b.The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured described in Paragraph 1. or 2. above. However, the insurance afforded to such additional insured described above: a.Only applies to the extent permitted by law; and b.Will not be broader than that which you are required by the contract or agreement to provide for such additional insured, and c.Will not extend beyond that which is provided to you in this policy. A person’s or organization’s status as an additional insured under this endorsement ends when your operations for the person or organization described in Paragraph 1. above are completed. II.With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: a. Bodily injury, property damage or personal and advertising injury arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1)The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2)Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the occurrence which caused the bodily injury or property damage, or the offense which caused the personal and advertising injury, involved the rendering of, or the failure to render any professional architectural, engineering or surveying services. b. Bodily injury or property damage occurring after: (1)All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or ECP202411715 10/1/2022 ECP 1246 01 21 Includes copyrighted material of Insurance Services Office, Inc., used with its permission.Page 2 of 2 (2)That portion of your work out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. III.With respect to the insurance afforded to these additional insureds, the following is added to SECTION V – LIMITS OF INSURANCE: The most we will pay on behalf of the additional insured is the amount of insurance: 1.Required by the contract or agreement described in Paragraph I.1.; or 2.Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. IV.With respect to the insurance afforded to these additional insureds, the following is added to SECTION VI – REPORTING, DEFENSE, SETTLEMENT & COOPERATION: 1. Duties -- Additional Insured An additional insured must see to it that: a.We are notified in writing as soon as practicable of an occurrence or offense which may result in a claim or suit; b.We receive written notice of a claim or suit as soon as practicable; and c.A request for defense and indemnity of the claim or suit will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named Insured, if the contract or agreement requires that this coverage be primary and noncontributory. V. SECTION VII – CONDITION 10. – Other Insurance is amended by the addition of the following which supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to a person(s) or organization(s) included as an additional insured under this endorsement provided that: 1.The additional insured person(s) or organization(s) is a Named Insured under such other insurance; and 2.You have agreed in writing in a contract or agreement, in effect during this policy period, that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured person(s) or organization(s). Such contract or agreement must be executed and in effect prior to the performance of your work which is the subject of such contract or agreement. However, this provision does not apply if the other insurance available to the person(s) or organization(s) included as an additional insured is Owners and Contractors Protective Liability, Railroad Protective Liability, or similar project- specific, primary insurance. VI.This endorsement does not apply to an additional insured which has been added to this policy by an endorsement showing the additional insured in a SCHEDULE of additional insureds, and which endorsement applies to that designated additional insured. ALL OTHER TERMS AND CONDITIONS OF THE POLICY SHALL APPLY AND REMAIN UNCHANGED. ECP 1234 10 21 Includes copyrighted material of Insurance Services Office, Inc., used with its permission.Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO DESIGNATED PERSON OR ORGANIZATION Policy Number Policy Effective Date Policy Expiration Date Endorsement Effective Date 10/1/2023 10/1/2022 This endorsement modifies insurance provided under the following: ENVIRONMENTAL COMBINED POLICY The following is added to SECTION VII – CONDITIONS 2. Cancellation: SCHEDULE Number of Days Advance Notice Of Cancellation:thirty (30) Days Name and Address of Designated Person(s) or Organization(s): List of entities and full mailing addresses to be kept by the insured and/or broker and to be made available to the carrier with 48 hours of request. Blanket Endorsement Additional Premium:$0 In consideration of the payment of an additional premium, and notwithstanding anything contained in the policy to the contrary, it is understood and agreed that if we cancel this policy on or before the expiration date set forth in the Declarations, we will mail or deliver to the first Named Insured at the last known address, and the person(s) or organization(s) at the address designated in the SCHEDULE above, written notice of cancellation not less than the number of days shown in the SCHEDULE before the effective date of cancellation. Proof of mailing of notice shall be sufficient proof of notice. The effective date and hour of cancellation stated in the notice shall be the end of the policy period. This endorsement shall not apply if: 1. We cancel due to non-payment of premium, or 2. The policy is non-renewed for any reason. ALL OTHER TERMS AND CONDITIONS OF THE POLICY SHALL APPLY AND REMAIN UNCHANGED. 10/1/2022 Policy Number: ECP202411715 ECP 1260 01 21 Includes copyrighted material of Insurance Services Office, Inc., used with its permission.Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF SUBROGATION (TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US) AUTOMATIC STATUS – COVERAGE A, B & D Policy Number Policy Effective Date Policy Expiration Date Endorsement Effective Date 10/1/2023 10/1/2022 This endorsement modifies insurance provided under the following: ENVIRONMENTAL COMBINED POLICY I.The following is added to Paragraph 17. Subrogation of SECTION VII – CONDITIONS: We waive any right of recovery against any person(s) or organization(s) because of payments we make under COVERAGE A – BODILY INJURY AND PROPERTY DAMAGE LIABILITY, COVERAGE B – PERSONAL AND ADVERTISING INJURY LIABILITY, and COVERAGE D – CONTRACTORS POLLUTION LIABILITY under this policy. Such waiver by us applies only if: 1.The insured has agreed in writing in a contract or agreement with such person(s) or organization(s) to waive its right of recovery; and 2.The insured has waived its right of recovery against such person(s) or organization(s) prior to loss. This waiver does not apply in any jurisdiction where such waiver is held to be illegal or against public policy or in any situation where the person(s) or organization(s) against whom subrogation is to be waived is found to be solely negligent. This endorsement does not apply to any person(s) or organization(s) designated in a SCHEDULE of person(s) or organization(s) against whom rights of recovery have been waived. ALL OTHER TERMS AND CONDITIONS OF THE POLICY SHALL APPLY AND REMAIN UNCHANGED. ECP202411715 10/1/2022 Policy Number: BAP202410815 BENV CA 06 0917 ENDORSEMENT This endorsement forms a part of the policy to which it is attached. Please read it carefully. BUSINESS AUTO -ADDITIONAL INSURED WHEN REQUIRED BY CONTRACT OR AGREEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM Section II -Liability Coverage A. -Coverage, 1. Who is an Insured, is amended to add: d. Any person or organization to whom you become obligated to include as an additional insured under this policy, as a result of any contract or agreement you enter into, excluding contracts or agreements for professional services, which requires you to furnish insurance to that person or organization of the type provided by this policy, but only with respect to liability arising out of your operations or premises owned by or rented to you. However, the insurance provided will not exceed the lesser of: 1. The coverage and/or limits of this policy; or 2. The coverage and/or limits required by said contract or agreement. ALL OTHER TERMS AND CONDITIONS OF THE POLICY SHALL APPLY AND REMAIN UNCHANGED. Includes copyrighted material of Insurance Services Office, Inc., with its permission. BENV CA 06 09 17 Page 1 of 1 CA 04 49 11 16 © Insurance Services Office, Inc.,2016 Page 1 of 1 COMMERCIAL AUTO CA 04 49 11 16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION 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. A.The following is added to the Other Insurance Condition in the Business Auto Coverage Form and the Other Insurance –Primary And Excess Insurance Provisions in the Motor Carrier Coverage Form and supersedes any provision to the contrary: This Coverage Form's Covered Autos Liability Coverage is primary to and will not seek contribution from any other insurance available to an "insured" under your policy provided that: 1.Such "insured" is a Named Insured under such other insurance; and 2.You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to such "insured". B.The following is added to the Other Insurance Condition in the Auto Dealers Coverage Form and supersedes any provision to the contrary: This Coverage Form's Covered Autos Liability Coverage and General Liability Coverages are primary to and will not seek contribution from any other insurance available to an "insured" under your policy provided that: 1.Such "insured" is a Named Insured under such other insurance; and 2.You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to such "insured". Policy Number: BAP202410815 CA 04 44 10 13 © Insurance Services Office, Inc.,2011 Page 1 of 1 POLICY NUMBER: BAP202410815 COMMERCIAL AUTO CA 04 44 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) 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: Casper Company Endorsement Effective Date: 10/01/2022 SCHEDULE Name(s) Of Person(s) Or Organization(s): Any Principal wherein such waiver has been included before loss as part of a contractual undertaking by the Named Insured Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or organization. FFX 8060 03 22 Includes copyrighted material of Insurance Services Office, Inc., used with its permission.Page 1 of 10 EXCESS LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations, and any other person or organization qualifying as a Named Insured under this policy. The words "we", "us" and "our" refer to the company providing this insurance. The word "insured" means any person or organization qualifying as such under the controlling underlying insurance. Other words and phrases that appear in bold in this Coverage Form have special meaning. Refer to Section IV - Definitions. Other words and phrases that are not defined under this Coverage Form but defined in the controlling underlying insurance will have the meaning described in the policy of controlling underlying insurance. This policy is subject to the same representations and warranties as are contained in the application for any controlling underlying insurance, and the insurance provided under this Coverage Form will follow the same terms, conditions, agreements, exclusions, definitions and limitations that are contained in the applicable controlling underlying insurance, unless otherwise directed by this insurance. To the extent such provisions differ or conflict, the provisions of this Coverage Form will apply. However, the coverage provided under this Coverage Form will not be broader than that provided by the applicable controlling underlying insurance. There may be more than one controlling underlying insurance listed in the Declarations and provisions in those policies conflict, and which are not superseded by the provisions of this Coverage Form. In such a case, the terms, conditions, agreements, exclusions, definitions and limitations of the controlling underlying insurance applicable to the particular event for which a claim is made or suit is brought will apply. SECTION I - COVERAGES 1. Insuring Agreement a.We will pay on behalf of the insured the ultimate net loss in excess of the retained limit for injury or damage to which insurance provided under this Coverage Form applies, however, coverage under this policy will not be available unless and until the full amount of all controlling underlying insurance has been exhausted by the actual payment by the controlling underlying insurer of the applicable retained limit as shown in the Schedule of Controlling Underlying Insurance. Where the controlling underlying insurance has the duty to defend, we will have the right and duty to defend the insured against any suit seeking damages for such injury or damage under this Coverage Form when the applicable limits of controlling underlying insurance have been exhausted through the payment of the underlying limits in full in accordance with the provisions of such controlling underlying insurance. When we have no duty to defend, we will have the right to defend, or to participate in the defense of, the insured against any other suit seeking damages for injury or damage. However, we will have no duty to defend the insured against any suit seeking damages for which insurance under this policy does not apply. At our discretion, we may investigate any event that may involve this insurance and settle any resultant claim or suit, for which we have the duty to defend. But: (1)The amount we will pay for ultimate net loss is limited as described in Section II - Limits Of Insurance; and (2)Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of defense costs, judgments or settlements under this Coverage Form. b.This insurance applies to injury or damage that is subject to an applicable retained limit. If any other limit, such as a sublimit, is specified in the controlling underlying insurance, this insurance does not apply to injury or damage arising out of that exposure unless that limit is specified in the Declarations under the Schedule of Controlling Underlying Insurance. Furthermore, if any controlling underlying insurance shown in the Schedule of Controlling Underlying Insurance (SCHEDULE) attached hereto has a limit of liability: (1)Greater than the amount shown in such Schedule of Controlling Underlying Insurance, then this policy will apply in excess of the greater amount; or (2)Less than the amount shown in such Schedule of Controlling Underlying Insurance, then this policy will apply Policy Number: FFX202411915 FFX 8060 03 22 Includes copyrighted material of Insurance Services Office, Inc., used with its permission.Page 2 of 10 in excess of the amount shown in such Schedule of Controlling Underlying Insurance. c. (1)If the controlling underlying insurance requires, for a particular claim, that the injury or damage occur during its policy period in order for that coverage to apply, then this insurance will only apply to that injury or damage if it occurs during the policy period of this Coverage Form. If the controlling underlying insurance requires that the event causing the particular injury or damage takes place during its policy period in order for that coverage to apply, then this insurance will apply to the claim only if the event causing that injury or damage takes place during the policy period of this Coverage Form. (2)If any controlling underlying insurance is written on a claims-made or discovery basis, the following applies to the insurance provided by this Coverage Form which is excess over that underlying insurance: If the controlling underlying insurance requires, for a particular claim, that the injury or damage occur on or after the Retroactive Date shown in the Declarations of that insurance in order for that coverage to apply, then this insurance will only apply to that injury or damage which occurs on or after the Retroactive Date shown in the controlling underlying insurance but before the end of the policy period of this Coverage Form. If the controlling underlying insurance requires, for a particular claim, that the event causing the particular injury or damage takes place on or after the Retroactive Date shown in the Declarations of that insurance in order for that coverage to apply, then this insurance will apply to the claim only if the event causing that injury or damage takes place on or after the Retroactive Date shown in the controlling underlying insurance but before the end of the policy period of this Coverage Form. A claim for damages for such injury or damage must be first made against the insured during this policy period or any extended reporting period provided under this Coverage Form. A claim will be considered first made under this Coverage Form: (a)When notice of such claim is received and recorded by any insured or by us, whichever comes first, if the controlling underlying insurance is written on a claims-made and recorded basis; or (b)When notice of such claim, after being received by any insured, is reported to us in writing, if the controlling underlying insurance is written on any other claims-made basis. d.Any additional insured under any policy of controlling underlying insurance will automatically be an additional insured under this insurance, but only to the extent consistent with the Construction Anti-indemnity Statute(s) held in the applicable jurisdiction. If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the lesser of the amount of insurance required by the contract or agreement, or the Each Occurrence Limit of this policy, less any amounts payable by any controlling underlying insurance. Additional insured coverage provided by this insurance will not be broader than coverage provided by the controlling underlying insurance. 2. Exclusions The following exclusions, and any other exclusions added by endorsement, apply to this Coverage Form. In addition, the exclusions applicable to any controlling underlying insurance apply to this insurance unless superseded by the following exclusions, or superseded by any other exclusions added by endorsement to this Coverage Form. Insurance provided under this Coverage Form does not apply to Injury or damage, costs and expenses, because of, caused by or arising out of, either directly or indirectly, in whole or in part, by: a. Abuse Or Molestation (1)The actual or threatened abuse or molestation by anyone of any person while in the care, custody or control of any insured, or (2)The negligent employment, investigation, supervision, reporting to the proper authorities, or failure to so report; or retention of a person for whom any insured is or ever was legally responsible and whose conduct would be excluded by Paragraph (1) above. b. Auto Any loss, cost or expense payable under or resulting from any of the following auto coverages: (1)First-party physical damage coverage; (2)No-fault coverage; (3)Personal injury protection or auto medical payments coverage; or (4)Uninsured or underinsured motorists’ coverage. FFX 8060 03 22 Includes copyrighted material of Insurance Services Office, Inc., used with its permission.Page 3 of 10 c. Communicable Disease The actual or alleged presence or transmission of a communicable disease. This exclusion applies even if the claim(s), suit(s) or allegations against any insured allege negligence or other wrongdoing in the: (1)Supervising, hiring, employing, training or monitoring of others that may be infected with or spread a communicable disease; (2)Testing for a communicable disease; (3)Failure to prevent the spread of the disease; (4)Failure to sufficiently clean, sanitize, or effectively apply disinfectant, or (5)Failure to report the disease to authorities. d. Coverage Provided By A Controlled (Wrap-up) Insurance Program Any liability, claim or suit based upon or caused, in whole or in part by, or arising, directly or indirectly, out of: (1)Your ongoing operations, covered operations, or professional services; or (2)Included in the products-completed operations hazard; but only if you are enrolled in a controlled (wrap-up) insurance program with respect to the liability, claim or suit described in Paragraphs d. (1) and d. (2) above. This exclusion applies whether or not the controlled (wrap-up) insurance program: (1)Provides coverage identical to that provided by this policy; (2)Has limits adequate to cover all claim(s); or (3)Remains in effect. This exclusion does not apply to ongoing operations, covered operations, professional services or completed operations arising out of any such project that has been specifically endorsed onto this policy. e. Cyber Incident (1)Any: (a)Unauthorized, access to, acquisition, use, collection, copying, processing, storage, dissemination, publication or disclosure of; (b)Theft, alteration, misuse, loss, misappropriation, disruption of or damage to; or (c)Failure to provide access to, remove, rectify, destroy, protect or secure, including, but not limited to, failure to encrypt; any person’s or organization’s confidential information, whether it is electronic data or in any other form or media. (2)The loss of, loss of use of, corruption or impairment of, damage to, disruption or destruction of, or inability to access, alter or manipulate electronic data. (3)Any of the following: (a)Denial of service attack on; (b)Misappropriation, diversion, loss or misuse of: (c)Denial of access to or service of, interruption of service, degradation, loss of use, alteration, failure, destruction, corruption, impairment of; any computer system, including any insured’s or other person’s or organization’s computer system. (4)Malicious code, virus or any other harmful code that: (a)Is directed at, enacted upon or introduced into electronic data or any computer system; or (b)Is designed to access, alter, corrupt, damage, delete, destroy, disrupt, encrypt, exploit, use, prevent or restrict access to, or otherwise disrupt the normal functioning or operation of electronic data or any computer system. (5)Transfer, payment or delivery of money or any form of currency, including virtual currency, in response to a fraudulent instruction or demand. (6)Demand for a ransom payment (in money, or any form of currency, including virtual currency, or property or services), made in connection with the actual or threatened perpetuation of that which is described in paragraphs (1) through (5) above. Such injury or damage, costs or expenses are excluded regardless of any other cause or event that contributes concurrently or in any sequence to the liability, loss, injury or damage, costs or expenses, other than as provided in Paragraph (7) below. FFX 8060 03 22 Includes copyrighted material of Insurance Services Office, Inc., used with its permission.Page 4 of 10 This exclusion applies even if damages are claimed for notification costs, credit monitoring expenses, payment card replacement costs, forensic expenses, public relations expenses or any other loss, cost or expense incurred by you or others arising out of that which is described in paragraphs (1) through (6) above. This exclusion applies to any liability, injury or damage, costs or expenses because of, caused by or arising out of, either directly or indirectly, in whole or in part, by any failure (including, but not limited to, failure to timely act) to notify of, disclose, prepare for, respond to, protect against, remediate, mitigate or comply with any statutory, regulatory, contractual, common law or other legal obligation relating to that described in paragraphs (1) through (6)above. This exclusion applies regardless of culpability or intent, or of whether the claim alleges negligence or other wrongdoing, in whole or in part, arising out of hiring, placing, managing, supervising, employing, training or monitoring of others, or the maintenance or security of any premises. If there is any duty or obligation to defend or pay for a defense in the policy to which this endorsement is attached, the duty or obligation will not apply to any claim, suit or proceeding that alleges or is, directly or indirectly, in whole or in part, caused by, resulting from or relating to any of the above. (7)If any of that which is described in Paragraphs (1) through (6) above results in: (a)A covered auto’s collision with another object; (b)A covered auto’s overturn; (c)A covered auto’s fire or explosion; or (d)A covered auto’s total theft; We will pay the sums an insured legally must pay as damages because of injury or damage that is caused by an accident and one or more of the causes of loss specified in II. 1 - 4 above and resulting from the ownership, maintenance or use of the covered auto as provided under Covered Autos Liability Coverage of the controlling underlying insurance, but only if otherwise covered under the applicable policy of controlling underlying insurance. f. Earth Movement Earth Movement actually or allegedly caused by or arising out of, or aggravated by, either directly or indirectly, in whole or in part, by work or operations performed by you or on your behalf. g. Employment-Related Practices (1)Bodily injury or personal and advertising injury to: (a)A person caused, in whole or in part by, or arising, directly or indirectly, out of any: (i)Refusal to employ that person; (ii)Termination of that person's employment; or (iii)Employment-related practices, policies, acts or omissions, such as coercion, demotion, evaluation, reassignment, discipline, defamation, harassment, humiliation, discrimination or malicious prosecution directed at that person; or (b)The spouse, child, parent, brother or sister of that person as a consequence of bodily injury to that person at whom any of the employment-related practices described in Paragraph (a) (i), (ii), or (iii) above is directed. This exclusion applies: (a)Whether the injury-causing event described in Paragraph (a) (i), (ii) or (iii) above occurs before employment, during employment or after employment of that person; (b)Whether an insured may be liable as an employer or in any other capacity; and (c)To any obligation to share damages with or repay someone else who must pay damages because of the injury. h. Fines and Penalties Any claim seeking payment of: (1)Any fines, penalties, or associated multiplied damages; or (2)Punitive or exemplary damages, or The cost of injunctive relief based upon or arising out of non-compliance with any statute, regulation, ordinance or administrative complaint. i.Medical Payments Medical payments coverage or expenses that are provided without regard to fault, whether or not provided by the applicable controlling underlying insurance. FFX 8060 03 22 Includes copyrighted material of Insurance Services Office, Inc., used with its permission.Page 5 of 10 j. Unmanned Aircraft Injury or damage caused, in whole or in part by, or arising, directly or indirectly, out of the ownership, maintenance, use or entrustment to others of any aircraft that is an unmanned aircraft. Use includes operation and loading or unloading. This exclusion applies even if the claim(s) against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the event which caused the injury or damage involved the ownership, maintenance, use or entrustment to others of any aircraft that is an unmanned aircraft. As used in this exclusion, loading or unloading means the handling of property: (1)After it is moved from the place where it is accepted for movement into or onto an unmanned aircraft; (2)While it is in or on an unmanned aircraft; or (3)While it is being moved from an unmanned aircraft to the place where it is finally delivered; but loading or unloading does not include the movement of property by means of a mechanical device, other than a hand truck, that is not attached to the unmanned aircraft. k. Workers' Compensation And Similar Laws Any obligation of the insured under a workers' compensation, disability benefits or unemployment compensation law or any similar law. SECTION II - LIMITS OF INSURANCE 1.The Limits of Insurance shown in the Declarations, and the rules below fix the most we will pay regardless of the number of: a.Insureds; b.Claims made or suits brought, or number of vehicles involved; c.Persons or organizations making claims or bringing suits; or d.Limits available under any controlling underlying insurance. 2.The Limits of Insurance of this Coverage Form will apply as follows: a.This insurance only applies in excess of the retained limit. b.The Aggregate Limit is the most we will pay for all ultimate net loss, for all injury or damage including defense costs covered under this Coverage Form. Defense costs are part of, and not in addition to, the limits of insurance, and the payment of defense costs reduces the limits of insurance. However, this Aggregate Limit only applies to injury or damage that is subject to an aggregate limit of insurance under the controlling underlying insurance. c.Subject to Paragraph 2.b. above, the Each Occurrence Limit is the most we will pay for all ultimate net loss including defense costs under this insurance for all injury or damage arising out of any one event. Defense costs are part of, and not in addition to, the limits of insurance, and the payment of defense costs reduces the limits of insurance. 3.If any controlling underlying insurance has a policy period that is different from the policy period of this Coverage Form then, for the purposes of this insurance, the retained limit will only be reduced or exhausted by actual payment(s) made in full by the controlling underlying insurer for injury or damage covered under this insurance. 4.The Limits of Insurance shown in the Declarations will not ever be reinstated. SECTION III - CONDITIONS The following conditions apply. In addition, the conditions applicable to any controlling underlying insurance are also applicable to the coverage provided under this insurance unless superseded by the following conditions. 1. Appeals If the controlling underlying insurer or insured elects not to appeal a judgment in excess of the amount of the retained limit, we may do so at our own expense. We will also pay for taxable court costs, pre-and post-judgment interest and disbursements associated with such appeal. In no event will this provision increase our liability beyond the applicable Limits of Insurance described in Section II - Limits Of Insurance. 2. Bankruptcy a. Bankruptcy Of Insured Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obligations under this Coverage Form. FFX 8060 03 22 Includes copyrighted material of Insurance Services Office, Inc., used with its permission.Page 6 of 10 b. Bankruptcy Of Controlling Underlying Insurer Bankruptcy or insolvency of the controlling underlying insurer will not relieve us of our obligations under this Coverage Form. However, insurance provided under this Coverage Form will not replace any controlling underlying insurance in the event of bankruptcy or insolvency of the controlling underlying insurer. The insurance provided under this Coverage Form will apply as if the controlling underlying insurance were in full effect and recoverable. 3. Duties In The Event Of An Event, Claim Or Suit a.You must see to it that we are notified as soon as practicable of an event, regardless of the amount, which may result in a claim under this insurance. To the extent possible, notice should include: (1)How, when and where the event took place; (2)The names and addresses of any injured persons and witnesses; and (3)The nature and location of any injury or damage arising out of the event. b.If a claim is made or suit is brought against any insured, you must: (1)Immediately record the specifics of the claim or suit and the date received; and (2)Notify us as soon as practicable. You must see to it that we receive written notice of the claim or suit as soon as practicable. c.You and any other insured involved must: (1)Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the claim or suit; (2)Authorize us to obtain records and other information; (3)Cooperate with us in the investigation or settlement of the claim or defense against the suit; and (4)Assist us, upon our request, in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d.No insured will do or omit to do anything to prejudice our rights under this Coverage Form, and no insured will, except at that insured's own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent. 4. First Named Insured Duties The first Named Insured is the person or organization first named in the Declarations and is responsible for the payment of all premiums. The first Named Insured will act on behalf of all other Named Insureds for giving and receiving of notice of cancellation or the receipt of any return premium that may become payable. At our request, the first Named Insured will furnish us, as soon as practicable, with a complete copy of any controlling underlying insurance and any subsequently issued endorsements or policies which may in any way affect the insurance provided under this Coverage Form. 5. Cancellation a.The first Named Insured shown in the Declarations may cancel this policy by mailing or delivering to us advance written notice of cancellation. b.We may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation at least: (1)10 days before the effective date of cancellation if we cancel for nonpayment of premium; or (2)30 days before the effective date of cancellation if we cancel for any other reason. c.We will mail or deliver our notice to the first Named Insured's last mailing address known to us. d.Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. e.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. f.If notice is mailed, proof of mailing will be sufficient proof of notice. 6. Changes This Coverage Form contains all the agreements between you and us concerning the insurance afforded. The first Named Insured is authorized by all other insureds to make changes in the terms of this Coverage Form with our consent. No change in, modification of, or assignment of interest under this Coverage Form shall be effective except when made by written endorsement to this Coverage Form which is signed by our authorized representative. This Coverage Form shall become subject to any changes upon the effective date of the changes in the controlling underlying insurance, but only upon the condition that we agree to follow such changes by written endorsement attached hereto and the FFX 8060 03 22 Includes copyrighted material of Insurance Services Office, Inc., used with its permission.Page 7 of 10 Insured pays when due any additional premium required by us relating to such changes and / or agrees to any amendment of the provisions of this Coverage Form required by us relating to such changes. 7. Maintenance Of / Changes To Controlling Underlying Insurance The insured warrants that the retained limit, where applicable, as shown in the Schedule of Controlling Underlying Insurance, shall be unimpaired as of the effective date of this policy. Any controlling underlying insurance must be maintained in full effect without reduction of coverage or limits except for the reduction of aggregate limits in accordance with the provisions of such controlling underlying insurance that results from injury or damage to which this insurance applies. Such exhaustion or reduction is not a failure to maintain controlling underlying insurance. The Insured, not the Insurer, will bear the risk that any controlling underlying insurance is or may be uncollectible. This Coverage Form will not drop down for any reason, including, but not limited to, the uncollectibility (in whole or in part) of the controlling underlying insurance, even if such uncollectibility is due to the financial impairment or insolvency of the issuer of any controlling underlying insurance. Coverage under this policy will not be available unless and until all controlling underlying insurance has been exhausted by the actual payment by the controlling underlying insurer of the applicable retained limit as shown in the Schedule of Controlling Underlying Insurance. The first Named Insured must notify us in writing with full particulars as soon as practicable in the event: a.Any controlling underlying insurance is cancelled, not renewed, replaced or otherwise terminated; b.The limits or scope of coverage of any controlling underlying insurance is changed; c.The aggregate limits of liability of any controlling underlying insurance become exhausted; d.Any controlling underlying insurance is not maintained in full effect during the policy period; or e.Any insurer issuing any controlling underlying insurance becomes subject to receivership, liquidation, dissolution, rehabilitation, or similar proceeding or being taken over by any regulatory authority. 8. Other Insurance a.This insurance is excess over, and shall not contribute with any of the other insurance, whether primary, excess, contingent or on any other basis. This condition will not apply to insurance specifically written as excess over this Coverage Form. When this insurance is excess, if no other insurer defends, we may undertake to do so, but we will be entitled to the insured's rights against all those other insurers. b.When this insurance is excess over other insurance, we will pay only our share of the ultimate net loss that exceeds: (1)The total amount that all such other insurance would pay for the loss in the absence of the insurance provided under this Coverage Form; plus (2)The total of all deductible and self-insured amounts under all that other insurance. 9. Premium Audit a.We will compute all premiums for this Coverage Form in accordance with our rules and rates. b.If this policy is auditable, the premium shown in this Coverage Form as advance premium is a deposit premium only. At the close of each audit period, we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit premium is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium, we will return the excess to the first Named Insured. c.The first Named Insured must keep records of the information we need for premium computation, and send us copies at such times as we may request. 10. Loss Payable Liability under this Coverage Form does not apply to a given claim unless and until: a.The insured or insured's controlling underlying insurer has become obligated to pay the retained limit; b.The full amount of the applicable retained limit described in a. above has been exhausted as a result of actual payment made in full by a controlling underlying insurer; and c.The obligation of the insured to pay the ultimate net loss in excess of the retained limit has been determined by a final settlement or judgment or written agreement among the insured, claimant, controlling underlying insurer (or a representative of one or more of these) and us, and first-party claim amount that we, at our sole discretion, agree in writing to be necessary and reasonable. FFX 8060 03 22 Includes copyrighted material of Insurance Services Office, Inc., used with its permission.Page 8 of 10 11. Legal Action Against Us No person or organization has a right under this Coverage Form: a.To join us as a party or otherwise bring us into a suit asking for damages from an insured; or b.To sue us on this Coverage Form unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable under the terms of this Coverage Form or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured, controlling underlying insurer and the claimant or the claimant's legal representative. 12. Transfer Of Defense a. Defense Transferred To Us When the limits of controlling underlying insurance have been exhausted, in accordance with the provisions of controlling underlying insurance, we may elect to have the defense transferred to us. We will cooperate in the transfer of control to us of any outstanding claims or suits seeking damages to which this insurance applies and which would have been covered by the controlling underlying insurance had the applicable limit not been exhausted. b. Defense Transferred By Us When our limits of insurance have been exhausted our duty to provide a defense will cease. We will cooperate in the transfer of control of defense to any insurer specifically written as excess over this Coverage Form of any outstanding claims or suits seeking damages to which this insurance applies and which would have been covered by the controlling underlying insurance had the applicable limit not been exhausted. In the event that there is no insurance written as excess over this Coverage Form, we will cooperate in the transfer of control to the insured and its designated representative. 13. When We Do Not Renew If we decide not to renew this Coverage Form, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed, proof of mailing will be sufficient proof of notice. 14. Claims-Made Extended Reporting Period a.Any provisions under the controlling underlying insurance relating to an Extended Reporting Period for which a separate premium charge is made do not apply to this insurance, unless an Extended Reporting Period is purchased under this insurance. b.An Extended Reporting Period, consistent with the terms, conditions and duration of any Extended Reporting Period available in accordance with the terms of any controlling underlying insurance, will be available for this Coverage Form by endorsement, for an additional charge, if: (1)This policy is cancelled or not renewed; or (2)This policy is renewed or replaced with insurance that: i.Has a Retroactive Date later than the date shown in the controlling underlying insurance; or ii.Does not apply to injury or damage on a claims-made basis. c.If this policy and the controlling underlying insurance are cancelled or not renewed and an Extended Reporting Period has been provided under the controlling underlying insurance, then an Extended Reporting Period will be available for this Coverage Form. The Extended Reporting Period available under this Coverage Form will be consistent with the terms, conditions and duration of any Extended Reporting Period provided in accordance with the terms of the controlling underlying insurance. d.You must give us a written request for the Extended Reporting Period endorsement under this Coverage Form no later than the time allowed to purchase such endorsement under the controlling underlying insurance. The Extended Reporting Period will not go into effect unless you pay the additional premium promptly when due and any premium you owe us for coverage provided under this policy. e.We will determine the additional premium in accordance with our rules and rates. In doing so, we may take into account the following: (1)The exposures insured; (2)Previous types and amounts of insurance; (3)Limits of Insurance available under this policy for future payment of damages; and FFX 8060 03 22 Includes copyrighted material of Insurance Services Office, Inc., used with its permission.Page 9 of 10 (4)Other related factors. 15.Notices All notices under this policy shall be given as provided for in the controlling underlying insurance. In addition, all notices to us under this policy shall be sent to the address below or any substitute address as provided by us: Berkley Environmental Attention: Claims Department 101 Hudson Street, Suite 2500 Jersey City, New Jersey 07302 SECTION IV - DEFINITIONS The definitions applicable to any controlling underlying insurance also apply to this insurance. In addition, the following definitions apply. 1. Actual payment means remittance in currency, not credits or debits, from a controlling underlying insurer to an insured or a claimant. 2. Communicable Disease means: A disease, illness or condition, including any variant(s) or mutational strains thereof, that can be transmitted directly or indirectly from person-to-person, animal (including insect)-to-person, animal-to-animal (including insect), or from the inanimate environment to a human or animal, by contact, exposure, or by means of plants, vector or fomites. 3. Computer system means: a.Any computer hardware, including but not limited to: (1)Computers; (2)Transportable, mobile or handheld devices; (3)Data storage and data processing devices; (4)Networking equipment and backup facilities, including cloud computing devices and facilities; (5)Associated input and output devices (including, but not limited to, wireless and mobile devices); (6)Any related peripheral components; or (7)Communication networks, connected to or used in connection with such computers, equipment, facilities or devices. b.Firmware and electronic instructions that direct the operation and function of a computer or devices connected to it, which enables the computer or devices to receive, process, store or send electronic data. 4. Confidential information means nonpublic information, confidential information, personal information or personal data, including, but not limited to: a.Non-public information about a person that allows such person to be uniquely and reliably identified or allows access to the person’s financial account or medical records information. b.Patents, trade secrets, processing methods, customer or customer-related information (including, but not limited to, customer lists); or c.Business plans or records, financial information, personally identifiable information, credit or payment card information (including, but not limited to, credit, debit or stored value cards), medical or health information or any type or combination of types of the foregoing. 5. Controlled (wrap-up) insurance program means: A centralized insurance program under which one party has secured either insurance or self-insurance covering some or all of the contractors or subcontractors performing work on one or more specific project(s). Controlled (wrap-up) insurance program includes but is not limited to owner-controlled insurance programs, project manager-controlled insurance programs, contractor-controlled insurance programs, university-controlled insurance programs, and project- specific policies. 6. Controlling underlying insurance means any policy of insurance or self-insurance listed in the Declarations under the Schedule of Controlling Underlying Insurance. 7. Controlling underlying insurer means any insurer who provides any policy of insurance listed in the Declarations under the Schedule of Controlling Underlying Insurance. FFX 8060 03 22 Includes copyrighted material of Insurance Services Office, Inc., used with its permission.Page 10 of 10 8. Defense Costs means any reasonable and necessary fees charged by an attorney and designated by the company, and where the insured has the right to select independent counsel, the rates we would actually pay to counsel that we retain in the ordinary course of business in the defense of a similar claim or suit in the community where the claim or suit arose or is being defended, as well as other reasonable and necessary costs, including expert witness and court reporters, in connection with the investigation, adjustment, settlement, defense or appeal of a claim or suit. It does not include the salaries of our regular employees or supervisory counsel retained by us, or any cost or expense incurred by the insured in assisting in the investigation or defense of the claim or suit. 9. Earth Movement means: a.Earthquake, including tremors and aftershocks and any earth sinking, rising or shifting related to such an event; b.Landslide, including any earth sinking, rising or shifting related to such an event; c.Mine subsidence, meaning subsidence of a man-made mine whether or not mining activity has ceased; or d.Earth sinking, rising or shifting including soil conditions which cause settling, cracking or other disarrangement of foundations or other parts of realty. Soil conditions include contraction, expansion, freezing, thawing, erosion, improperly compacted soil and the action of water under the ground surface. 10. Electronic data means: information, facts, images, sounds or programs stored as or on, created or used on, or transmitted to or from computer software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. Electronic data is not tangible property. 11. Event means an occurrence, offense, accident, act, discovery, claim or suit or other event, to which the applicable controlling underlying insurance applies. 12. Injury or damage means any injury or damage, covered in the applicable controlling underlying insurance arising from an event. 13. Retained limit means the available limits of controlling underlying insurance applicable to the claim. 14. Ultimate net loss means the amount covered by this Coverage Form, after reduction for recoveries, or salvages collectible, that the insured becomes legally obligated to pay as damages by reason of: a. Defense costs, settlements, judgments, binding arbitration; plus b.Other binding alternate dispute resolution proceeding entered into with our consent, plus c.Any first-party claim amount that we, at our sole discretion, agree in writing to be necessary and reasonable. 15. Unmanned aircraft means an aircraft that is not: a.Designed; b.Manufactured; or c.Modified after manufacture; to be controlled directly by a person from within or on the aircraft. This endorsement changes the policy to which it is attached and, unless otherwise stated, is effective on the date issued at 12:01 A.M. standard time at your mailing address shown in the policy. The information below is required only when this endorsement is issued subsequent to commencement of the policy. Policy No. 22JWD10326 Endorsement No. Endorsement Effective: 10/01/2022 Insured Casper Company Countersigned By WC 04 03 06 (04 84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be % of the California workers’ compensation premium otherwise due on such remuneration. SCHEDULE Person or Organization Job Description 5 2 Blanket Waiver: Any person or organization for whom the insured, has agreed by written contract, to furnish this waiver. Alaska National IN SURANCE COMPANY