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18-078.00 Mobilitie: Small Cell Telecommunications
CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO.18-010 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, GRANTING A NON-EXCLUSIVE FRANCHISE TO MOBILITIE, LLC, A NEVADA LIMITED LIABILITY COMPANY TO CONSTRUCT, MAINTAIN AND OPERATE TELECOMMUNICATIONS FACILITIES WITHIN THE PUBLIC RIGHTS -OF -WAY OF THE CITY OF SPOKANE VALLEY, AND OTHER MATTERS RELATING THERETO. WHEREAS, RCW 35A.47.040 authorizes the City to grant, permit, and regulate "nonexclusive franchises for the use of public streets, bridges or other public ways, structures or places above or below the surface of the ground for railroads and other routes and facilities for public conveyances, for poles, conduits, tunnels, towers and structures, pipes and wires and appurtenances thereof for transmission and distribution of electrical energy, signals and other methods of communication, for gas, steam and liquid fuels, for water, sewer and other private and publicly owned and operated facilities for public service;" and WHEREAS, RCW 35A.47.040 further requires that "no ordinance or resolution granting any franchise in a code city for any purpose shall be adopted or passed by the city's legislative body on the day of its introduction nor for five days thereafter, nor at any other than a regular meeting nor without first being submitted to the city attorney, nor without having been granted by the approving vote of at least a majority of the entire legislative body, nor without being published at least once in a newspaper of general circulation in the city before becoming effective;" and WHEREAS, this Ordinance has been submitted to the City Attorney prior to its passage; and WHEREAS, the Council finds that the grant of the franchise contained in this Ordinance, subject to its terms and conditions, is in the best interests of the public, and protects the health, safety, and welfare of the citizens of this City. NOW, THEREFORE, the City Council of the City of Spokane Valley, Spokane County, Washington, ordains as follows: Section 1. Definitions. For the purpose of this Ordinance, the following words and terms shall have the meaning set forth below: "City Manager" means the City Manager or designee. "construction" or "construct" shall mean constructing, digging, excavating, laying, testing, operating, extending, upgrading, renewing, removing, replacing, and repairing a facility the telecommunications facilities. "day" shall mean a 24-hour period beginning at 12:01 AM. If a thing or act is to be done in less than seven days, intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation of time. "franchise area" shall mean the entire geographic area within the City as it is now constituted or may in the future be constituted. "hazardous substances" shall have the same meaning as RCW 70.105D.020(10). Ordinance 18-010 Granting Utility Franchise - Mobilitie Page 1 of 15 "maintenance, maintaining or maintain" shall mean the work involved in the replacement and/or repair of facilities with new facilities that are substantially identical to those being replaced or repaired, including constructing, relaying, repairing, replacing, examining, testing, inspecting, removing, digging and excavating, and restoring operations incidental thereto. "overbuilding" shall mean adding additional fiber capacity to an existing conduit housing fiber optic cable. "overlashing" shall mean the act of lashing new fiber optic cable to an existing aerial fiber optic cable. "permittee" shall mean a person or entity who has been granted a permit by the permitting authority. "permitting authority" shall mean the City Manager or designee authorized to process and grant permits required to perform work in the rights -of -way. "product" shall refer to the item, thing, or use provided by the Grantee. "relocation" shall mean any required move or relocation of an existing installation or equipment owned by Grantee whereby such move or relocation is necessitated by installation, improvement, renovation, or repair of another entity's facilities in the rights - of -way, including Grantor's facilities. "right-of-way" shall refer to the surface of and the space along, above, and below any street, road, highway, freeway, lane, sidewalk, alley, court, boulevard, parkway, drive, Grantee easemeni, and/or public way now or hereafter held or administered by the City. "streets" shall mean the surface of, and the space above and below, any public street, road, alley, or highway, within the City used or intended to be used by the general public, to the extent the City has the right to allow the Grantee to use them. "telecommunications facilities" shall mean any of the plant, equipment, fixtures, appurtenances, antennas, radios, transmitters, and other facilities necessary to famish and deliver telecommunications services, including but not limited to poles with crossarms, poles without crossarms, wires, lines, conduits, cables, communication and signal lines and equipment, braces, guys, anchors, vaults, control boxes, power sources, meters, and all attachments, appurtenances, and appliances necessary or incidental to the distribution and use of telecommunications services. The abandonment by Grantee of any telecommunications facilities as defined herein shall not act to remove the same from this definition. Section 2. Grant of Franchise. The City of Spokane Valley, a Washington municipal corporation (hereinafter as "City" or "the City"), hereby grants unto Mobilitie, LLC, a Nevada Limited Liability Company (hereinafter "Grantee"), a franchise for a period of 10 years beginning on the effective date of this Ordinance, to install, construct, operate, maintain, replace and use all necessary equipment and facilities to place telecommunications facilities in, under, on, across, over, through, along, or below the public rights - of -way located in the City of Spokane Valley, as approved under City permits issued pursuant to this franchise (hereinafter the "franchise"). Ordinance 18-010 Granting Utility Franchise - Mobilitie Page 2 of 15 This franchise does not permit Grantee to use such facilities to provide cable services as defined by 47 C.F.R. § 76.5(ff). This franchise does not include the right to install or maintain telecommunications facilities on, over, or above that portion of the rights -of -way utilized for vehicular travel and parking. This franchise does not convey any right to Grantee to install its telecommunications facilities on, under, over, or across any facility or structure owned by a third -party without such written approval of the third -party. No substantive expansions, additions to or modifications or relocation of any of the telecommunications facilities shall be allowed without first having received prior authorization from the City through an amendment to this franchise or an applicable permit. Placement of all telecommunications facilities in the rights -of -way shall comply with the Spokane Valley Municipal Code, including applicable zoning requirements. Section 3. Fee. No right-of-way use fee is imposed for the term of this franchise. Any such right-of-way use or franchise fee that may be imposed by subsequent ordinance would apply to any subsequent franchise, if any, between the parties. Section 4. City Use. To the extent applicable to this franchise, and only as it relates to fiber facilities owned by Grantee, the following provisions shall apply regarding City use. A) Grantee agrees to reserve to the City the right to access four dark fiber strands (two pair) along the route as mutually approved by both parties at a later date, within the boundaries of the City, for sole and exclusive municipal, non-commercial use or designation (the "City Reserved Fibers"). City agrees that it shall not use the City Reserved Fibers as a public utility provider of telecommunications business service to the public. B) The City has the right to access by connection to the City Reserved Fibers at existing Grantee splice points or reasonably established access points within the City limits; provided that all splicing shall be the sole responsibility of Grantee, except cost, pursuant to Section 4(D), below. The City shall provide at least 30 days' written notice of intent to access the City Reserved Fibers. Upon any access or use of the City Reserved Fibers, City shall pay Grantee a recurring monthly charge of $20.00 per fiber pair per mile in use by the City (the "City Fiber Rate") unless otherwise specifically agreed by both the parties in writing and shall negotiate and enter into a "Fiber License Agreement" which shall govern the terms and conditions for use of the City Reserved Fibers, except cost, which is set forth herein. Said recurring monthly charge shall not be imposed until such time as the fiber is put into use by the City. C) In the event the City Reserved Fibers are the last fibers remaining in Grantee's fiber bundle, then the following shall apply: 1) If the City is using the fibers, then the rate the City shall pay Grantee will change from the City Fiber Rate to Grantee's standard commercial rate. 2) If the City is not using the fibers, the City shall have the option of abandoning the City Reserved Fibers in lieu of paying Grantee's standard commercial rate. If Grantee installs additional fiber capacity, the City's right to use four dark fiber strands as set forth in subsections 1 and 2, immediately above, shall again be in effect. D) All access, interconnection and maintenance to and on the City Reserved Fibers shall be performed by Grantee. The City shall pay all costs associated with such work to the City Reserved Fibers. The City Reserved Fibers shall have a term that matches the duration of this franchise Ordinance. Ordinance 18-010 Granting Utility Franchise - Mobilitie Page 3 of 15 E) Pursuant to RCW 35.99.070, at such time when Grantee is constructing, relocating, or placing ducts or conduits in public rights -of -way, the City Manager may require Grantee to provide the City with additional duct or conduit and related structures, at incremental cost, necessary to access the conduit at mutually convenient locations. Any ducts or conduits provided by Grantee under this section shall only be used for City municipal, non-commercial purposes. 1) The City shall not require that the additional duct or conduit space be connected to the access structures and vaults of the Grantee. 2) This section shall not affect the provision of an institutional network by a cable television provider under federal law. 3) Grantee shall notify the City Manager at least 14 days' prior to opening a trench at any location to allow the City to exercise its options as provided herein. Section 5. Recovery of Costs. Grantee shall reimburse the City for all costs of one publication of a summary of this franchise in a local newspaper, and required legal notices prior to any public hearing regarding this franchise, contemporaneous with its acceptance of this franchise. Grantee shall be subject to all permit and inspection fees associated with activities undertaken through the authority granted in this franchise or under City Code. Section 6. Non -Exclusivity. This franchise is granted upon the express condition that it shall not in any Manner prevent the City from granting other or further franchises or permits in any rights -of -way. This and other franchises shall, in no way, prevent or prohibit the City from using any of its rights -of -way or affect its jurisdiction over them or any part of them. Section 7. Non -Interference with Existing Facilities. The City shall have prior and superior right to the use of its rights -of -way and public properties for installation and maintenance of its facilities and other governmental purposes. The City hereby retains full power to make all changes, relocations, repairs, maintenance, establishments, improvements, dedications or vacation of same as the City may deem fit, including the dedication, establishment, maintenance, and improvement of all new rights -of -way, streets, avenues, thoroughfares and other public properties of every type and description. Any and all such removal or replacement shall be at the sole expense of Grantee, unless RCW 35.99.060 provides otherwise. Should Grantee fail to remove, adjust or relocate its telecommunications facilities by the date established by the City Manager's written notice to Grantee and in accordance with RCW 35.99.060, the City may cause and/or effect such removal, adjustment or relocation, and the expense thereof shall be paid by Grantee. The owners of all utilities, public or private, installed in or on such public properties prior to the installation of the telecommunications facilities of Grantee, shall have preference as to the positioning and location of such utilities so installed with respect to Grantee. Such preference shall continue in the event of the necessity of relocating or changing the grade of any such public properties. Grantee's telecommunications facilities shall be constructed and maintained in such manner as not to interfere with any public use, or with any other pipes, wires, conduits or other facilities that may have been laid in the rights -of -way by or under the City's authority. If the work done under this franchise damages or interferes in any way with the public use or other facilities, Grantee shall wholly and at its own expense make such provisions necessary to eliminate the interference or damage to the reasonable satisfaction of the City Manager. Section 8. Construction Standards. All work authorized and required hereunder shall comply with all generally applicable City Codes and regulations. Grantee shall also comply with all applicable federal and Ordinance 18-010 Granting Utility Franchise - Mobilitie Page 4 of 15 state regulations, laws, and practices. Grantee is responsible for the supervision, condition, and quality of the work done, whether it is by itself or by contractors, assigns, or agencies. Application of said federal, state, and City Codes and regulations shall be for the purposes of fulfilling the City's public trustee role in administering the primary use and purpose of public properties, and not for relieving the Grantee of any duty, obligation, or responsibility for the competent design, construction, maintenance, and operation of its telecommunications facilities. Grantee is responsible for the supervision, condition, and quality of the work done, whether it is by itself or by contractors, assigns, or agencies. If Grantee shall at any time be required, or plan, to excavate trenches in any area covered by this franchise, the Grantee shall afford the City an opportunity to permit other franchisees and utilities to share such excavated trenches, provided that: (1) such joint use shall not unreasonably delay the work of the Grantee; and (2) such joint use shall not adversely affect Grantee's telecommunications facilities or safety thereof. Joint users will be required to contribute to the costs of excavation and filling on a pro-rata basis. Section 9. Protection of Monuments. Grantee shall comply with applicable state laws relating to protection of monuments. Section 10. Tree Trimming. Grantee shall have the authority to conduct pruning and trimming for access to Grantee's telecommunications facilities in the rights -of -way subject to compliance with the City Code. All such trimming shall be done at Grantee's sole cost and expense. Section 11. EmergencResponse. A. Level One Contact: In the event of an emergency or disconnect notice, the City may contact Grantee's Network Operations Center, as follows: Network Operations Center Phone: (877) 244-7889 Email: mnoc@mobilitie.com B. Level Two Contact: In the event Grantee's network operations center cannot be reached, or the network operations center staff cannot address the emergency situation, the City may contact: Gail Allen, Manager, Network Operations Phone: (702) 777-4508 Email: GAllen@mobilitie.com Or Nam Kang, Sr. Director, Network Operations Phonc: (312) 638-5409 Email: nam@mobilitie.com C. Level Three Contact: In the event the emergency situation calls for a coordinated effort between the City's and Grantee's management team, the City may contact: Scott Holt, VP, Network Operations Phone: (206) 510-4658 Email: scott.holt@mobilitie.com After being notified of an emergency as provided above, Grantee shall cooperate with the City to promptly respond with action to aid in the protection of the health and safety of the public. Ordinance 18-010 Granting Utility Franchise - Mobilitie Page 5 of 15 In the event Grantee refuses to promptly take the directed action or fails to fully comply with such direction, or if emergency conditions exist which require immediate action to prevent imminent injury or damages to persons or property, the City may take such actions as it believes are necessary to protect persons or property, and Grantee shall be responsible to reimburse the City for its actual, out-of-pocket costs and expenses for such actions. Section 12. One -Call System. Pursuant to RCW 19.122, Grantee shall comply with Washington's One - Call statutes. Section 13. Safety. All of Grantee's telecommunications facilities in the rights -of -way shall be constructed and maintained in a safe and operational condition. Grantee shall follow all safety codes and other applicable regulations in the installation, operation, and maintenance of the telecommunications facilities. Section 14. Movement of Grantee's Telecommunications Facilities for Others. Whenever any third party shall have obtained permission from the City to use any right—of-way for the purpose of moving any building or other oversized structure, Grantee shall move, at the expense of the third party desiring to move the building or structure, any of Grantee's telecommunications facilities that may obstruct the movement thereof; provided that the City shall give notice to Grantee of the need to move any such facility immediately following the City's decision to grant permission to such third party to use such right-of-way, but not less than 14 days prior to the date that the City requires Grantee to move its telecommunication facilities; and provided further that the path for moving such building or structure is the path of least interference to Grantee's telecommunications facilities, as determined by the City in its reasonable discretion. Upon good cause shown by Grantee, the City may require more than 14 days' notice to Grantee to move its telecommunications facilities. Section 15. Acquiring New Telecommunications Facilities. Upon Grantee's acquisition of any new telecommunications facilities in the rights -of -way, or upon any addition or annexation to the City of any area in which Grantee retains any such telecommunications facilities in the rights -of -way, Grantee shall submit to the City a written statement describing all telecommunications facilities involved, whether authorized by franchise or any other form of prior right, and specifying the location of all such facilities. Such telecommunications facilities shall immediately be subject to the terms of this franchise. Section 16. Dangerous Conditions - Authoft of City to Abate. Whenever excavation, installation, construction, repair, maintenance, or relocation of telecommunications facilities authorized by this franchise has caused or contributed to a condition that substantially impairs the lateral support of the adjoining right-of-way, road, street or other public place, or endangers the public, adjoining public or private property or street utilities, the City may direct Grantee, at Grantee's sole expense, to take all necessary actions to protect the public and property. The City may require that such action be completed within a prescribed time, provided such time is reasonable to complete such action. In the event that Grantee fails or refuses to promptly take the actions directed by the City, or fails to fully comply with such directions, or if emergency conditions exist which require immediate action, the City may enter upon the property and take such actions as are necessary to protect the public, adjacent public or private property, or street utilities, or to maintain the lateral support thereof, and all other actions deemed by the City to be necessary to preserve the public safety and welfare; and Grantee shall be liable to the City for all actual, out-of-pocket costs and expenses thereof to the extent caused by Grantee. Section 17. Hazardous Substances. Grantee shall comply with all applicable federal, state and local laws, statutes, regulations and orders concerning hazardous substances relating to Grantee's telecommunications facilities in the rights —of -way. Grantee agrees to indemnify the City against any claims, costs, and expenses, of any kind, whether direct or indirect, incurred by the City arising out of the release or threat of release of Ordinance 18-010 Granting Utility Franchise - Mobilitie Page 6 of 15 hazardous substances caused by Grantee's ownership or operation of its telecommunications facilities within the City's rights -of -way. Section 18. Environmental. Grantee shall .comply with all environmental protection laws, rules, recommendations, and regulations of the United States and the State of Washington, and their various subdivisions and agencies as they presently exist or may hereafter be enacted, promulgated, or amended, and shall indemnify and hold the City harmless from any and all damages arising, or which may arise, or be caused by, or result from the failure of Grantee fully to comply with any such laws, rules, recommendations, or regulations, whether or not Grantee's acts or activities were intentional or unintentional, but only to the extent of such failure by Grantee. Grantee shall further indemnify the City against all losses, costs, and expenses (including legal expenses) which the City may incur as a result of the requirement of any government or governmental subdivision or agency to clean and/or remove any pollution caused by Grantee, whether said requirement is during the term of the franchise or subsequent to its termination. Section 19. Relocation of Telecommunications Facilities. Grantee agrees and covenants, at its sole cost and expense, to protect, support, temporarily disconnect, relocate, or remove from any street any of its telecommunications facilities when so required by the City in accordance with the provisions of RCW 35.99.060, provided that Grantee shall in all such cases have the privilege to temporarily bypass, in the authorized portion of the same street upon approval by the City, any section of its telecommunications facilities required to be temporarily disconnected or removed. If the City determines that the project necessitates the relocation of Grantee's then -existing telecommunications facilities, the City shall: A) At least 60 days' prior to the commencement of such improvement project, provide Grantee with written notice requiring such relocation; B) Provide Grantee with copies of pertinent portions of the plans and specifications for such improvement project and a proposed location for Grantee's telecommunications facilities so that Grantee may relocate its telecommunications facilities in other City rights -of -way in order to accommodate such improvement project; and C) After receipt of such notice and such plans and specifications, Grantee shall complete relocation of its telecommunications facilities at no charge or expense to the City so as to accommodate the improvement project in accordance with RCW 35.99.060 (2). Grantee may, after receipt of written notice requesting a relocation of its telecommunications facilities, submit to the City written alternatives to such relocation. The City shall evaluate such alternatives and advise Grantee in writing if one or more of the alternatives are suitable to accommodate the work which would otherwise necessitate relocation of the telecommunications facilities. If so requested by the City, Grantee shall submit additional information to assist the City in making such evaluation. The City shall give each alternative proposed by Grantee full and fair consideration. In the event the City ultimately determines in its reasonable discretion that there is no other reasonable alternative, Grantee shall relocate its telecommunications facilities as otherwise provided in this section. The provisions of this section shall in no manner preclude or restrict Grantee from making any arrangements it may deem appropriate when responding to a request for relocation of its telecommunications facilities by any person or entity other than the City, where the telecommunications facilities to be constructed by said person or entity are not or will not become City owned, operated or maintained facilities, provided that such arrangements do not unduly delay a City construction project. Ordinance 18-010 Granting Utility Franchise - Mobilitie Page 7 of 15 If the City or a contractor for the City is delayed at any time in the progress of the work by an act or neglect of the Grantee or those acting for or on behalf of Grantee, then Grantee shall indemnify, defend and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees to the extent arising out of or in connection with such delays, except for delays and damages caused by the City. This provision may not be waived by the parties except in writing. Section 20. Abandonment of Grantee's Telecommunications Facilities. A. Underground facilities: Grantee shall remove any telecommunications facilities which have not been used to provide telecommunications services for a period of at least 90 days when: (a) a City project involves digging that will encounter the abandoned facility; (b) the abandoned facility poses a hazard to the health, safety, or welfare of the public; (c) the abandoned facility is 24 inches or less below the surface of the rights -of -way and the City is reconstructing or resurfacing a street over the rights -of -way; or (d) the abandoned facility has collapsed, broke, or otherwise failed 180 days. Grantee may, upon written approval by the City, delay removal of the abandoned facility until such time as the City commences a construction project in the rights -of -way unless (b) or (d) above applies. When (b) or (d) applies, Grantee shall remove the abandoned facility from the rights -of - way as soon as weather conditions allow, unless the City expressly allows otherwise in writing. B. Aboveground facilities: Grantee shall remove any facilities which have not been used to provide telecommunications services for a period of at least 180 days. C. The expense of the removal and restoration of improvements in the rights -of -way that were damaged by the telecommunications facilities or by the removal process shall be the sole responsibility of the Grantee. If Grantee fails to remove the abandoned telecommunications facilities in accordance with the above, then the City may incur costs to remove the abandoned telecommunications facilities and restore the rights -of -way, and is entitled to reimbursement from Grantee for the actual, out-of-pocket costs of such removal and restoration, including reasonable attorney's fees and costs. Section 21. Maps and Records Required. Grantee shall provide the City, at no cost to the City: A) A route map that depicts the general location of the Grantee's telecommunications facilities placed in the rights -of -way. The route map shall identify telecommunications facilities as aerial or underground and is not required to depict cable types, number of fibers, cables, or control boxes, electronic equipment, meters, power sources, and service lines to individual subscribers. Grantee shall also provide an electronic map of the aerial/underground telecommunications facilities in relation to the right-of-way centerline reference to allow the City to add this information to the City's Geographic Information System ("GIS") program. The information in this subsection shall be delivered to the City by December 1, annually. B) In connection with the construction of any City project, Grantee shall provide to the City, upon the City's reasonable request, copies of available drawings in use by Grantee showing the location of such telecommunications facilities. Grantee shall field locate its telecommunications facilities in order to facilitate design and planning of City improvement projects. C) Upon written request of the City, Grantee shall provide the City with the most recent update available of any plan of potential improvements to its telecommunications facilities within the franchise area; provided, however, any such plan so submitted shall be deemed confidential and for Ordinance 18-010 Granting Utility Franchise - Mobilitie Page 8 of 15 informational purposes only, and shall not obligate Grantee to undertake any specific improvements within the franchise area. D) In addition to the requirements of subsection (A) of Section 21, the parties agree to periodically share GIS files upon written request, provided Grantee's GIS files are to be used solely by the City for governmental purposes. Any files provided to Grantee shall be restricted to information required for Grantee's engineering needs for construction or maintenance of telecommunications facilities that are the subject of this franchise. Grantee is prohibited from selling any GIS information obtained from City to any third parties. E) Public Record Act. Grantee acknowledges that information submitted to the City may be subject to inspection and copying under the Washington Public Record Act codified in chapter 42.56 RCW. Grantee shall mark as "PROPRIETARY/CONFIDENTIAL" each page or portion thereof of any documentation/information which it submits to the City and which it believes is exempt from public inspection or copying. The City agrees to timely provide Grantee with a copy of any public disclosure request to inspect or copy documentation/information which the Grantee has provided to the City and marked as "PROPRIETARY/CONFIDENTIAL" prior to allowing any inspection and/or copying as well as provide the Grantee with a time frame, consistent with RCW 42.56.520, to provide the City with its written basis for non -disclosure of the requested documentation/information. In the event the City disagrees with the Grantee's basis for non- disclosure, the City agrees to withhold release of the requested documentation/ information in dispute for a reasonable amount of time to allow Grantee an opportunity to file a legal action under RCW 42.56.540. Section 22. Limitation on Future Work. To the extent applicable to this franchise, in the event that the City constructs a new street or reconstructs an existing street, Grantee shall not be permitted to excavate such street except as set forth in the City's then -adopted regulations relating to street cuts and excavations. Section 23. Reservation of Rights by City_ The City reserves the right to refuse any request for a permit to extend telecommunications facilities. Any such refusal shall be supported by a written statement from the City that extending the telecommunications facilities, as proposed, would interfere with the public health, safety, or welfare. Section 24. Remedies to Enforce Compliance. In addition to any other remedy provided herein, the City reserves the right to pursue any remedy to compel or force Grantee and/or its successors and assigns to comply with the terms hereof, and the pursuit of any right or remedy by the City shall not prevent the City from thereafter declaring a forfeiture or revocation for breach of the conditions herein. Section 25. City Ordinances and Regulations. Nothing herein shall be deemed to direct or restrict the City's ability to adopt and enforce all necessary and appropriate ordinances regulating the performance of the conditions of this franchise, including any reasonable ordinances made in the exercise of its police powers in the interest of public safety and for the welfare of the public. The City shall have the authority at all times to control by appropriate regulations the location, elevation, and manner of construction and maintenance of any telecommunications facilities by Grantee, and Grantee shall promptly conform with all such regulations, unless compliance would cause Grantee to violate other requirements of law. In the event of a conflict between the Spokane Valley Municipal Code and this franchise, the Spokane Valley Municipal Code shall control. Section 26. Vacation. The City may vacate any City road, right-of-way or other City property which is subject to rights granted by this franchise in accordance with state and local law. In the event of a street Ordinance 18-010 Granting Utility Franchise - Mobilitie Page 9 of 15 vacation, the City shall include in the vacation ordinance a reserved easement for the continued location of Grantee's facilities. Section 27. Indemnification. A) Grantee hereby covenants not to bring suit and agrees to indemnify, defend and hold harmless the City, its officers, employees, agents and representatives from any and all claims, costs, judgments, awards or liability to any person arising from injury, sickness or death of any person or damage to property of any nature whatsoever to the extent relating to or arising out of Grantee's acts or omissions under this franchise agreement; except for injuries and damages to the extent caused solely by the negligence or misconduct of the City. This includes but is not limited to injury: 1) For which the negligent acts or omissions of Grantee, its agents, servants, officers or employees in performing the activities authorized by a franchise are a proximate cause; 2) By virtue of Grantee's exercise of the rights granted herein; 3) By virtue of the City permitting Grantee's use of the City's rights -of -ways or other public property; 4) Based upon the City's inspection or lack of inspection of work performed by Grantee, its agents and servants, officers or employees in connection with work authorized on the facility or property over which the City has control, pursuant to a franchise or pursuant to any other permit or approval issued in connection with a franchise; 5) Arising as a result of the negligent acts or omissions of Grantee, its agents, servants, officers or employees in barricading, instituting trench safety systems or providing other adequate warnings of any excavation, construction or work upon the facility, in any right- of-way, or other public place in performance of work or services permitted under a franchise; or 6) Based upon radio frequency emissions or radiation emitted from Grantee's equipment located upon the facility, regardless of whether Grantee's equipment complies with applicable federal statutes and/or FCC regulations related thereto. B) Grantee's indemnification obligations pursuant to subsection 1 of this section shall include assuming liability for actions brought by Grantee's own employees and the employees of Grantee's agents, representatives, contractors and subcontractors even though Grantee might be immune under RCW Title 51 from direct suit brought by such an employee. It is expressly agreed and understood that this assumption of potential liability for actions brought by the aforementioned employees is limited solely to claims against the City arising by virtue of Grantee's exercise of the rights set forth in this franchise. The obligations of Grantee under this subsection have been mutually negotiated by the parties, and Grantee acknowledges that the City would not enter into a franchise without Grantee's waiver. To the extent required to provide this indemnification and this indemnification only, Grantee waives its immunity under RCW Title 51. C) Inspection or acceptance by the City of any work performed by Grantee at the time of completion of construction shall not be grounds for avoidance of any of these covenants of indemnification. Provided, that Grantee has been given prompt written notice by the City of any such claim, said indemnification obligations shall extend to claims which are not reduced to a suit and any claims which may be compromised prior to the culmination of any litigation or the Ordinance 18-010 Granting Utility Franchise - Mobilitie Page 10 of 15 institution of any litigation. The City has the right to defend or participate in the defense of any such claim, and has the right to approve any settlement or other compromise of any such claim. D) In the event that Grantee refuses the tender of defense in any suit or any claim, said tender having been made pursuant to this section, and said refusal is subsequently determined by a court having jurisdiction (or such other tribunal that the parties shall agree to decide the matter), to have been a wrongful refusal on the part of Grantee, then Grantee shall pay all of the City's actual, out- of-pocket costs for defense of the action, including all reasonable expert witness fees, reasonable attorney fees, the reasonable costs of the City of recovering under this subsection. E) Grantee's duty to defend, indemnify and hold harmless City against liability for damages caused by the concurrent negligence of (a) City or City's agents, employees, or contractors, and (b) Grantee or Grantee's agents, employees, or contractors, shall apply only to the extent of the negligence of Grantee or Grantee's agents, employees, or contractors. In the event that a court of competent jurisdiction determines that this franchise is subject to the provisions of RCW 4.24.115, the parties agree that the indemnity provisions hereunder shall be deemed amended to conform to said statute and liability shall be allocated as provided herein. F) Notwithstanding any other provisions of this section, Grantee assumes the risk of damage to its telecommunication facilities located in the rights -of -way and upon City -owned property from activities conducted by the City, its officers, agents, employees and contractors, except to the extent any such damage or destruction is caused by or arises from any willful or malicious action or gross negligence on the part of the City, its officers, agents, employees or contractors. Grantee releases and waives any and all such claims against the City, its officers,. agents, employees or contractors. Grantee further agrees to indemnify, hold harmless and defend the City against any claims for damages, including, but not limited to, business interruption damages and lost profits, brought by or under users of Grantee's facilities as the result of any interruption of service due to damage or destruction of Grantee's facilities caused by or arising out of activities conducted by the City, its officers, agents, employees or contractors, except to the extent any such damage or destruction is caused by or arises from the negligence or any willful or malicious actions on the part of the City, its officers, agents, employees or contractors. G) The provisions of this section shall survive the expiration, revocation or termination of this franchise. Section 28. Insurance. Grantee shall procure and maintain for the duration of the franchise, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the exercise of the rights, privileges and authority granted hereunder to Grantee, its agents, representatives or employees. Grantee's maintenance of insurance as required by this franchise shall not be construed to limit the liability of the Grantee to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. A) Automobile Liability insurance with limits no less than $1,000,000 Combined Single Limit per accident for bodily injury and property damage. This insurance shall cover all owned, non -owned, hired or leased vehicles used in relation to this franchise. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage; and B) Commercial General Liability insurance shall be written on Insurance Services Office (ISO) occurrence form CG 00 01, or a substitute form providing equivalent liability coverage acceptable Ordinance 18-010 Granting Utility Franchise - Mobilitie Page 11 of 15 to the City, and shall cover products liability. The City shall be named as an insured under Grantee's Commercial General Liability insurance policy using ISO Additional Insured -State or Political Subdivisions -Permits CG 20 12 or a substitute endorsement acceptable to the City providing equivalent coverage. Coverage shall be written on an occurrence basis with limits no less than $1,000,000 Combined Single Limit per occurrence and $2,000,000 general aggregate for personal injury, bodily injury and property damage, provided that Grantee may satisfy the coverage limits required under this Section 28(B) through a combination of primary and umbrella or excess liability coverage. Coverage shall include but not be limited to: blanket contractual; products/completed operations; broad form property; explosion, collapse and underground (XCU); and Employer's Liability. The insurance policies are to contain, or be endorsed to contain, the following provisions for Commercial General Liability insurance: A) Grantee's insurance coverage shall be primary insurance with respect to the City as outlined in the Indemnification section of this franchise. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be in excess of Grantee's insurance and shall not contribute with it. B) Grantee's insurance shall be endorsed to state that coverage shall not be cancelled, except after 30 days' prior written notice has been given to the City. Insurance is to be placed with insurers with a current A.M. Best rating of not less than AXII. Grantee shall furnish the City with original certificates and a copy of any amendatory endorsements, including the additional insured endorsement, evidencing the insurance requirements of the Grantee prior to the adoption of this Ordinance. Any failure to comply with the reporting provisions of the policies required herein shall not affect coverage provided to the City, its officers, officials, employees or volunteers. Section 29. Performance Bond Relating to Construction Activity. Before undertaking any of the work, installation, improvements, construction, repair, relocation or maintenance authorized by this franchise, Grantee, or any parties Grantee contracts with to perform labor in the performance of this franchise, shall, upon the request of the City, furnish a bond executed by Grantee or Grantee's contractors and a corporate surety authorized to operate a surety business in the State of Washington, in such sum as may be set and approved by the City, not to exceed $25,000, as sufficient to ensure performance of Grantee's obligations under this franchise. The bond shall be conditioned so that Grantee shall observe all the covenants, terms and conditions and shall faithfully perform all of the obligations of this franchise, and to repair or replace any defective work or materials discovered in the City's road, streets, or property. Said bond shall remain in effect for the life of this franchise. In the event Grantee proposes to construct a project for which the above -mentioned bond would not ensure performance of Grantee's obligations under this franchise, the City is entitled to require such larger bond as may be appropriate under the circumstances. In the event the City draws on the surety for purposes set forth in this franchise such that the remaining value of the surety falls below $10,000, the City may request that the surety be renewed to the full value of $25,000 as a condition of doing any additional work in the rights -of -way. Section 30. Modification. The City and Grantee hereby reserve the right to alter, amend or modify the terms and conditions of this franchise upon written agreement of both parties to such alteration, amendment or modification. Ordinance 18-010 Granting Utility Franchise - Mobilitie Page 12 of 15 Section 31. Forfeiture and Revocation. If Grantee willfully violates or fails to comply with any of the provisions of this franchise, or through willful or unreasonable negligence fails to heed or comply with at least 15 days' notice given Grantee by the City under the provisions of this franchise, and an adequate opportunity of at least 15 days to cure the violation or non-compliance has been given in writing to Grantee, then Grantee shall, at the election of the City, forfeit all rights conferred hereunder and this franchise may be revoked or annulled by the City after a hearing held upon reasonable notice to Grantee. The City may elect, in lieu of the above and without any prejudice to any of its other legal rights and remedies, to obtain an order from the Spokane County Superior Court compelling Grantee to comply with the provisions of this franchise and to recover damages and costs incurred by the City by reason of Grantee's failure to comply with the provisions of this franchise. Grantee may terminate this Agreement by giving at least 30 days' written notice. Company shall not be subject to any penalty or fee for terminating this Agreement prior to the end of the term of the Agreement. Section 32. Assignment. This franchise may not be assigned or transferred without the written approval of the City, except that Grantee can assign this franchise without approval of, but upon notice to the City from any parent, affiliate or subsidiary of Grantee, or any person, firm, or corporation that shall control, be under the control of, or be under common control with Grantee, or to any entity that acquires all or substantially all the assets or equity of Grantee, by merger, sale, consolidation or otherwise. Section 33. Acceptance. Not later than 60 days after passage of this Ordinance, Grantee shall accept the franchise herein by filing with the City Clerk an unconditional written acceptance thereof. Failure of Grantee to so accept this franchise within said period oftime shall be deemed a rejection thereof by Grantee, and the rights and privileges herein granted shall, after the expiration of the 60-day period, absolutely cease, unless the time period is extended by a subsequent ordinance passed expressly for that purpose. Section 34. Survival. All of the provisions, conditions and requirements of sections: 5, 6, 7, 13, 16, 17, 18, 19, 20, 27, 28, 29, 37, 38 and 39 of this franchise shall be in addition to any and all other obligations and liabilities Grantee may have to the City at common law, by statute, by ordinance, or by contract, and shall survive termination of this franchise, and any renewals or extensions hereof. All of the provisions, conditions, regulations and requirements contained in this franchise shall further be binding upon the heirs, successors, executors, administrators, legal representatives and assigns of Grantee and City and all privileges, as well as all obligations and liabilities of Grantee shall inure to their respective heirs, successors and assigns equally as if they were specifically mentioned herein. Section 35. Severability. If any section, sentence, clause or phrase of this Ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Ordinance. In the event that any of the provisions of the franchise are held to be invalid by a court of competent jurisdiction, the City reserves the right to reconsider the grant of the franchise and may amend, repeal, add, replace or modify any other provision of the franchise, or may terminate the franchise. Section 36. Renewal. Application for extension or renewal of the term of this franchise shall be made no later than 180 days of the expiration thereof. In the event the time period granted by this franchise expires without being further renewed by the City, the terms and conditions hereof shall continue in effect until this franchise is either renewed or terminated. Section 37. Notice. Any notice or information required or permitted to be given by or to the parties under this franchise (except with respect to notices given to Grantee in the event of emergency, in which case the notice information and procedure provided in Section 11 shall apply) may be sent to the following addresses unless otherwise specified, in writing: Ordinance 18-010 Granting Utility Franchise - Mobilitie Page 13 of 15 The City: City of Spokane Valley Attn: City Clerk 10210 East Sprague Avenue Spokane Valley, WA 99206 Grantee: MOBILITIE, LLC Attn: Legal Department 660 Newport Center Drive, Suite 200 Newport Beach, CA 92660 legal@mobilitie.com (877) 999-7070 With a copy to: MOBILITIE, LLC Attn: Asset Management 660 Newport Center Drive, Suite 200 Newport Beach, CA 92660 WestAssetMgmt@mobilitie.com (877)999-7070 Section 38. Choice of Law. Any litigation between the City and Grantee arising under or regarding this franchise shall occur, if in the state courts, in the Spokane County Superior Court, and if in the federal courts, in the United States District Court for the Eastern District of Washington. Section 39. Non -Waiver. The City shall be vested with the power and authority to reasonably regulate the exercise of the privileges permitted by this franchise in the public interest. Grantee shall not be relieved of its obligations to comply with any of the provisions of this franchise by reason of any failure of the City to enforce prompt compliance, nor does the City waive or limit any of its rights under this franchise by reason of such failure or neglect. Section 40. Entire Agreement. This franchise constitutes the entire understanding and agreement between the parties as to the subject matter herein and no other agreements or understandings, written or otherwise, shall be binding upon the parties upon execution and acceptance hereof. This franchise shall also supersede and cancel any previous right or claim of Grantee to occupy the City roads as herein described. Section 41. Effective Date. This Ordinance shall be in full force and effect five days after publication of the Ordinance or a summary thereof occurs in the official newspaper of the City of Spokane Valley as provided by law. ti PASSED by the City Council this 10' day of A ril, 2018. JstATE L. R. Higgins,ine Bainbridge, City Clerk Approved as t / •m: �a Office o the Cit3 A orney Date of Publication: ( Effective Date: S — a - o`er Ordinance 18-010 Granting Utility Franchise - Mobilitie Page 14 of 15 Accepted by Mobilitie, LLC: By: L a - Name and official capacity The Grantee, Mobilitie, LLC, for itself, and for its successors and assigns, does accept all of the terms and conditions of the foregoing franchise. r IN r TNESS WHEREOF, C 1 I MDPWG(0-3s—has signed ` 2018. Subscribed and sworn 6fore me this day of UKOKENZIE GEE r �MM, 02151196 z Notary Public it Ngtgry Public •California o residing in z 0rango County -- flini, 5 res . 29, 2020 My commission for the State of day of _ 2018. Ordinance 18-010 Granting Utility Franchise - Mobilitie Page 15 of 15 MOINV-3 OP ID: NM CERTIFICATE OF LIABILITY INSURANCE DA'E(MMIDD'f'") 04113/2018 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(les) 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 endorsements . PRODUCER Sllverstone Insurance Services Jetton & Assoc Ins Svs Inc NAME: Brent Jetton, AAI, CIC PHONE Ale No Ext : 909-980-4211 FAX .No): 909-980-4785 ADDRESS: P.O. Box 1200 (Lic 40004829) Rancho Cucamonga„ CA 91729-1200 Brent Jetton, AAI, EIC INSURERS) AFFORDING COVERAGE NAIC f INSURERA: Federal Insurance Company 20281 INSURED Mobilitie, LLC INSURERB: Great American E&S Ins Co 37532 660 Newport Center Dr. #200 Newport Beach, CA 92660 INSURER C: Underwriters Lloyds London IL 15792 INSURER D INSURER E : INSURER F : r%rwcoerroc rGRTIF'ICATF MI IMRRR• 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 pTNER 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. INISR LTR TYPE OFWSURANCE POLICYNUMBER MMIDDN'Y" (MMfDDNYYn LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE � OCCUR X 36036868 CONTRACTUAL LIAB 11/1112017 1111112018 EACH OCCURRENCE $ 1,,000,00 ENTtIl PREMISES Ea occurrence $ 500,00 MED EXP (Any one person) $ 5,00 PERSONAL d ADV INJURY $ 1,000,00 GENERAL AGGREGATE $ 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- JECT LOC PRODUCTS - COMP/OP AGG $ 2,.000,00 $ A AUTOMOBILE LIABILITY X ANY AUTO ALL OWNED SCHEDULED ALMOS AUTOS HIRED AUTOS NON -OWNED 73591570 11111-12017 f 11/1'1/201.8 Ee eccid'erk IN LIMIT $ 1,.000,00 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ 'PROPERTY DAMAGE DNF $ $ A X UMBRELL.ACIAB EXCESS LIAR I X OCCUR CLAIMS -MADE 79897229 11/1112017 11/1V2018 EACH OCCURRENCE $ 5,000,00' AGGREGATE $ 5,.000,00 DED I f RETENTION $ Follow Forty A WORKERS COMPENSATION AND -EMPLOYERS' LIABILITY IN ANYPRgPRIETORIPARTNERIEXECUTIVE Y� OFFICERIMEMBER EXCLUDED? (Mandatory In NH) UIf yyes, describe under Se' i 1PTION OF OPERATIONS below NIA 71749062 11/1'1f2017 1V1112018 X OR SLIMIIT 0 R E.L. EACH ACCIDENT $ 1.,000,00l. E.L. DISEASE-EAEb�LOYEE $ 1,000,00 E.L. pISEA,SB - PpLICY LIMIT S 1r000e©8 B C Pollution Liab Professional Liab PRE315985702 PMOB1000917 1'1/1112017 11/1112017 11111/2016 11/11/2018 :'EaChn/Agg EaCImlAgg 5,000,00 5,000,0 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, B more space Is required) City of Spokane Valley is named as additional insured with regards to general liability where recp irecd by written contract, agreement or permit. WACITSP City of Spokane Valley 1020 E. Sprague Ave Spokane Valley, WA 99206 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE tHEREOF, NOTICE DILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ®1'988 Z010 ACORD CORPORATION. All ngnts reservea. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD i8- 0q9 MOINV-3 OP ID: NM CERTIFICATE OF LIABILITY INSURANCE 1110vo7J2712018 THIS CERTIFICATE IS ISSUED AS A MATTER OV 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 ISSU94G INSURER($), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the potky(tes) must be endorsed. H SUBROGATION IS WAIVED, subject to the ferns and conditions of the policy, certaki policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In Rau of such andorsement(s). PRODUCER SBverstone Insurance SeMces Jetton & Assoc Ins Svs Inc P.O. Box 12DO (Uc 60004829) Rancho Cucamonga„ CA 91729-1200 Brent Jetton, AAI, CIC runes: Brent 9etton AAI CIC E . 909-980�i2114. No : 909-980 4785 SS: INSURER AFFORDIrMi COVERAGE , NAIC 0 INSURERA: Federal Insurance Com�a�y 20281 INSURED �Mobilitie, LLC 660 Newport Center Dr. #200 Newport Beach, CA 92660 INSURER B: Great American E&S Ins Co 37532 msuRERc :Underwriters Lloyds London IL 15792 INSURER D INSURER E . INSURERF: rAVFRAP.FS CERTIFICATE NUMBER: 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 REWREMENT, 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, TYPE OF INSURANCE vvvn POLICY NUMBER QM 60MMANM LWOTS A GENERALLIABIM X :G41WRGIAL GENERAL lLaBe m! CtPJId4.UAC'E � OCC'jR X 36036868 ONTRACTUAL LIAB 11 /1112018 11 /711Z019 EA H XCLRREHCE S 1,000,00 =S Ea a nnenrel S 1.000,00 MEP E;P (Pot/ ona cersai) S 10, 001 PEFM?HWL a ADV INJURY S 4,000,0 GENERAL. Ai`,GREGAV s 2,000,0 C-EICL AC REGA.TE LRaTAWL ES PE(L wA1CY 1-:CT FRI UJC Ff.ODUCTS . 9-CWKIP AC- S 2,000,0 S A AUTOMOBILE LIABILITYa X ANYAUTo ALL 1:0AWD SCI'.EOIIED ALMS l-ros FOWPED HIREDr UNIS Aurf 'S 73591570 11111/2018 11/11/2019 It L%AI. $ 1,000,0 DWILYR RRY(Parperson) S BODILY INJURY (FW a'en-ertt: F'CR Ar�'C�G171 S .' �S �_y A ,X UMBRELLA LIAS EXCESS LIAS X OCCUR IAIM3tN+DE 79897229 11/11/2018 11/11/2019 E4>4OCYL1RRE110E S 10,000, AGC-REGATF $ 10,000,00 DED PEmunr , f S Follow Fom A 1AADRKERS COMPENSATION .t,� AND EMPLOYERS* LIABILRY ANYPROPIbETCttzrPARTNIFE.LmYE YIN OFRCEkd1EMBEkEXCLLOEDT ® (Mandatory in NH) it yes drx`re>s urww DEf,I�. PTICri f OPERAT0r. cehm NIA 71749062 11M1/2018 11/11%2019 X j M. STIA'1L1 0 Etz EL EACHACCILENT $ 1,000, E L DISEASE - EA Fkf:',OYF,E S 1,000. E L DISEASE - FS:t" LIMIT $ 1,000,00 g C olution Liab Professional Llab PRF-315985703 PMOSM918 11111/2018 11/11/2018 11/1112019 11/11/2019 EaClm/Agg 6,000, EaClm1/4gg 5,OW.00 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACach ACORD 101. Addesonsl Remarks ScWtdo, N mom span Is rsgWmd) City of Spokane Valley -it named ay additional insured with regards to general liability where required,by written contract, agreement or permit. r'C0TWft'AYc uem maD rANCFI I ATVW WACITSP SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPMTION DATE THEREOF, (NOTICE WILL 'BE OMMEMM IN City of Spokane Valley ACCORDANCE aaTH THE POLICY PROVISIONS. 10210 E. Sprague Ave Spokane Valley, WA 90206 AUTHORREDREPRESEWATNE n ®1989-2010 ACORD CORPORATION. All rights tessrved. ACORD 25 (201OMS) The ACORD name and logo are registered marks of ACORD CHUBB0 Liability Insurance Endorsement Policy Period Effective Data Policy Number Insured Name of Company Thin Ferment applies to the following forms: [t I l:�c :�Mf�7i �r'J Who Is An Insured 3603-68 68 PIE FEDERAL INSURANCE COMPANY Under Who Is An insured, the following provision is added. Adcftfons/ Insured - Persons or organizations shown in the Schedule are Imweds; but they are iurreds only if you are Scheduled Pemon obligated pursuant to a fact or agreement to provide them with such insurance as is 6ffor&d by Or Organization this low'• However, the person or organization Is an towed only; • if and then only to the extent the person or organization is described in the Schedule; • to the extent such contract or agreement requires the person or organization to be afforded status as an Insured; • for activities that did not occur, in whole or in part, before the execution of the contract or agreement; and • with respect to damages, loss, cost or expense for Injury or damage to which this insurance applies. No person or organization is an h=red under this provision: ' • that Is more speciSaallyidentitied under any other provision of the Who Is An Insured wcdon (regardless of any limitation sppUcable thereto). • with respect to any assumption of liability (of another person or organization) by them in a contr W or agreement. This limitation does not apply to the liability for damages, loss, test or expense for injury or damage. to which this insurance applim that the person or organization would have in the absence of such oomract or uab" hwurenw AdMoord t VvW - dPawn Or OrVo*ntion oa*nrid AGM WOM a7(Rev.6o7) ErdbnWnent page 1 CHUBB* UbbMty Endomment (contfnued) Under CbnditiotM the following provision is added to the condition titled Other Ins nv=. Coif I c= Other Insurawe — If.you are obligated. Pursuant to a contact or agreemen:4 to provide the person or organization p ry, N0WWtrftt0,y shown in the Schedule with primary insurance such as is afforded by this policy, then in such aura Insumwo — Sehedt ded this insurance is primary and we will not seek contribution from insuume aeailabla to such person Person Or Organlzafion of organization. Schedule Persons or organizationa that you are obligated. pursuant to a contract or agrce=4 to provide with such insurance as is afforded by this policy. All other terms and conditions remain unchanged. Authorized Roprmsntedw �c.-�?i ` .j.a Llabft kmwancs AddlorAl kwumd - 8dt d Person Or Orgwft t bWPy& Fbrm (Rpv. &.On k}tsbreo nW# Pssa 2 Cond ons (congnuea Transfer Or Wahrer Of We will waive the right of recovery we would otherwise have had against anotherpesos or Rights Of RWOVOIY organization, for loss to which this insiumce applies, provided the lmred has waived their rights AgaInst Of rs of recovery against such person or organization in a contract or agniement that is executed before such loss. To the extent that the kmred's rights to recover allor part of any payment made under this Insurance have not been waived, those rights are transfered to us. The hmred must do nothing after loss to impair them. At our request, the kmred will bring slt or transfer those rights to us and help us enforce them. This condition does not apply to medical expenses. v? ,v.}y::]}} }:Y<. .. :• }••:Y•:'S'+':4'•i}S S r:Y: ]] ]]S }]}:^S]Si:•Yiri}>}Yi:•r%}+>'•Y•%•?:]}]!'i+ll: +s>r�s'»»s+s s ssssrs]rss:r.� } •:sr.•-]::-sr.•:�ras• +:•Yr. sir]+s>']s]]:+}]s :??ss'• :s};s]]:o?%.}?:; r:?????]• ;.?., ..?.? ..1. .2 ..,<.. . <.. , %.?::?%"' R;?'i.,.s,�tt.#,.<.,..y.„}••. .]S#?. :} :5..> ,.#, .....x;+...tto9„..,,•;t}.:.:.,.,,;:?:it, Fort» W42-20W IftV. 4-01) ccnftd PWV 24of 32 Policy Dumber: 73591570 COMMERCIAL AUTOMOBILE THIS ENDORSEMENT CHANGESYHE POLICY. PLEASE READ N CAREFL1i X COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT This endorsement modgles Insurance provided under the foQowing: BUSINESS AUTO COVERAGE FORM 'Vets endorsement modifies the Business Auto Coverage Form. 1. EXMNDED CANCELLATION CONDITION Paragraph A.2.b. —CANCELLATION -of the COMMON POLICY CONDITIONS form IL 0017 is deleted and replaced with the following: b. 60 days before the effective date of cancellation if we cancel for any other reason. 2. BROAD FORM INSURED A. Subsidiaries and Newly Aequlred or Farmed Osgamlzattoms As Instneds `line Named Insured shown In the Declarations is amended to Include 1. Any legally Incorporated subsidiary In which you own more than 50% of the voting stock on the effective date of the Coverage Form. However, the Named Insured does not Include any subsidiary that Is an 'Insured" under any other automobile policy or would be an 'insured" under such a policy but for Its teradnnation or the exhaustion of Its Lln* of Insurance. 2. Any organisation that is acquired or formed by you and over which you maintain majority ownership. However, the Named insured does not Include any newly formed or acquired organization: (a) 'heat is an "Insured" under any other automobile policy; (b) That has exhausted Its Uim t of Insurance under any other policy; or (c) 180 days or more after its acquisition or formation by you, unless you have given us written notice of the acquisition or formation. Coverage does not apply to "bodily Injury" or "property damage" that results from an "accident" that occurred before you ford or acquired the organization. S Raqgoyeas as hSu reds P h A. 1. —WHO IS AN INSURED —of S N 11— LIABILITY COVERAGE Is amended to add the following: . d. Any "employee" of yours while using a covered "auto" you don't own, hire or borrow tin your business or your personal affairs. C. Lessors as Insureds Paragraph A. 1. — WHO IS AN INSURED —of SECTION 11—LIABILITY COVERAGE is amended to add the following: e. 'Ilse lessor of a covered "auto" while the "auto" is leased to you under a written agreement if: (1) The agreement requires you to provide direct primary insurance for the lessor, and (2) The "auto" is leased without a driver. Such leased "auto" wl be considered a covered "auto" you own and not a covered "auto" you hire. However, the lessor Is an 'Insured" only for "bodily injury" or "property damage" resulting from the acts or omissions by: 1. You; 2. Any of your 'employees" or agents; or 3. Any person, except the lessor or any "employee" or agent of the lessor, operating an "auto" with the permission of any of 1. and/or 2. above. D. Persons And Orgardzatt o As kwreds Under A Written Insured Contract Paragraph A.1—WHO IS AN INSURED —of SECTION 11—LIABILITY COVERAGE is aided to add the Following: f. Any person or organization with respect to the operation, maintenance or use of a covered "auto", provided that you and such person or organization have agreed under an express provision In a written "Insured contract", written agreement or a written permit issued to you by a governmental or public authority to add such person or organization to this policy as an Insured". However, such person or organization is an 'insured" only: Form 16-02-0292 (Rev. 4-11) Page 1 of 8 'Includes copyrighted material of Insurance Services Officer, Inc. with Its.permissfon" (1) with respect to the operation, maintenance or use of a covered "auto"; and (2) for "bodily injury" or "property damage" caused by an "accident" which takes (place after: a) You executed the Insured contract' or written agreement; or (b) The permit has been issued to YOU. S. FELLOW EMPLOYEE COVERAGE EXCLUSION B.5. - FELLOW EMPLOYEE -of SECTION II -LIABILITY COVERAGE does not'apply. 4. PHYSICALOAKAGE -ADDITIONAL TEMPORARY TRANSPORrA310N EXPENSE COVERAGE Ph A.4.a. -TRANSPORTATION EXPENSES - of SECTION III -PHYSICAL DAMAGE COVERAGE is amended to provide a limit of $5Q per day for temporary transportation expense, subject to a maxtcnam *A of $1,000. 5. AVW LOAN/LEASE GAP COVERAGE Paragraph A. 4. - COVERAGE EXTENSIONS - of SECTION III - PHYSICAL DAMAGE COVERAGE Is amended to add the following: c. Unpaid Loan or Lease Amounts In the event of a total "loss" to a covered "auto", we will pay any unpaid amount due on the loan or lease for a covered 'bute minus: 1. The amount paid under the Phystcal Damage Coverage Section of the policy; and 2 Overdue loan/lease payments at the time of the "Doss"; b. Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high c. Security deposits not returned by the lessor: d. Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and e. Carry-over balances from previous loans or leases. We will pay for any unpaid amount due on the loan or lease if caused by: 1. Other than Collision Coverage only if the Declarations Indicate that Comprehensive Coverage is provided for any covered "auto"; 2 Specified Causes of Loss Coverage only If the Declarations indicate that Specified Causes of Loss Coverage is provided for any covered "auto"; or & Colltsion Coverage only If the Declarations indicate that Collision Coverage is provided for any covered "auto. 0. RENTAL AGENCY EXPENSE Paragraph A. 4. -COVERAGE EXTENSIONS -of SECTION E -PHYSICAL DAMAGE COVERAGE is amended to add the following: d. Rental Expense We will Pay the following expenses that you or any of your "employees" are legally obligated to pay because of a written contract or agreement entered Into for use of a rental vehicle In the conduct of your business: MAXIMUM WE WILL PAY FOR ANY ONE CONTRACT OR AGREEMENT`. 1. $2,500 for loss of income Incurred by the rental agency during the period of time that vehicle is out of use because of actual damage to, or loss" of, that vehicle, Including income lost due to absence of that vehicle for use as a replacement; 2. $2,500 for decrease In trade 4n value of the rental vehicle because of actual damage to that vehicle arising out of a covered "loss"; and 3. $2,500 for administrative expenses Incurred by the rental agency, as stated In the contract or agreement. 4. $7,500 maximum total amount for paragraphs 1., 2. and & combtned. 7. EXTRA EXPENSE -BROADENED COVERAGE Paragraph A.4. -COVERAGE EXTENSIONS -of SECTION III -PHYSICAL DAMAGE COVERAGE Is amended to add the following: e. Recovery Expense We will pay for the expense of returning a stolen covered 'auto" to you. 8. AIRBAG COVERAGE Paragraph B.S.a. - EXCLUSIONS -of SECTION III -PHYSICAL DAMAGE COVERAGE does not apply to the accidental or unintended discharge of an airbag. Coverage is excess over any other collectible Insurance or warranty specflically designed to provide this coverage. 0. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT - BROADENED COVERAGE Paragraph C.P. - LWr OF INSURACE -of SECTION III - PHYSICAL' DAMAGE Is deleted and replaced with the following: 2. S2.000 is the most we wM pay for lose In any one "hcddent" to all electronic equipment that reproduces, receives or transmits audio, visual or data signals which, at the time of loss", Is: a. Permanently Installed In or upon the covered "auto" In a housing, opentng or other location that is not normally used by the "auto" manufactures for the 6istaffation of such equipment; b. Removable from a permanently h stalled housing unit as described In Paragraph 2.a. above or is an Integral part of that equipment; or Form: t"2-CM (Rev. 4-11) Page 2 of 8 Includes copyrighted material of Insurance Services Office, Inc. with its permisslon" c. An integral part of such equipment. 1Q GLASS REPAIR — WAIVER OF DEDUCTIBLE Under Paragraph D. - DEDUCTIBLE — of SECTION M — PHYSICAL DAMAGE COVERAGE the following is added: No deductible apples to glass damage If the glass Is repaired rather than replaced. 1L TWO OR MORE DEDUCTIBLES Paragraph D.- DEDUCTIBLE —of SECTION III — PHYSICAL DAMAGE COVERAGE Is amended to add the following: If this Coverage Form and any other Coverage Form or policy Issued to you by us that Is not an automobile policy or Coverage Form apples to the sanne "accident . the following applies: 1. If the deductible under this Business Auto Coverage Form Is the sma5es; (or smallest) deductible, it will be waived: or 2. If the deductible under this Business Auto Coverage Form is not the smaller (or smallest) deductible, it will be reduced by the amount of the sm(or smallest) deductible. M ANENDED DUTIES IN THE EVENT OF ACCIDENT, CI 41K SUD; OR LOSS Paragraph A.&a. - DUTIES IN THE EVENT OF AN ACCIDENT, CLAIM, SUIT OR LOSS of SECTION IV - BUSINESS AUTO CONDITIONS Is deleted and replaced with the following: a. In the event of "accident", clatm, Isult" or loss", you must promptly notify us when the *accident! Is known to: (1) You or your authorized representative, If you we an lndividual: (2) A partner, or errsy authorized representative, if you are a partnership: (3) A member, If you are a limited liability company; or (4) An executive officer, insurance manager, or authorized representative, if you are an organization other than a partnership or ha*exd lability company. Knowledge of an "accident", claim, "suir or Ross" by other persons does not imply that the persons listed above have such knowledge. Notice to us should include: (1) How, when and where the "accklent" or loss' occurred; (2) The'dnsured's" name and address; and (S) To the extent possible, the names and addresses of any &*red persons or witnesses. 11 WAIVER OF SUBROGATION Paragraph A.S. - MMSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US of SECTION W —BUSINESS AUTO CONDITIONS is deleted and replaced with the following: We will waive the right of recovery we would otherwise have against another person or organization for loss" to which this prance applies. provided the %inured" has watved their rights of recovery against such person or organization under a contract or agreement that is entered into before such Ross". To the extent that the "Insured's" rights to recover damages for all or part of any payment made under this insurance has not been waived, those rights are transferred to us. That person or organization must do everything necessary to secure our rights and must do nothing after "accidenne or loss° to impair them. At our request; the Insured will bring suit or transfer those rights to as and help us enforce them I& UNI MOMONAL FAILURE TO DISCLOSE HAZARDS Paragraph B.2.—CONCEAIIKENT, h9SREPRESENTA1ION or FRAUD of SECTION IV —BUSINESS AUTO CONDITIONS - is deleted and replaced with the following: If you uni ntenttonal1y tan to disclose any hazards existing at the inception date of your policy, we will not void coverage under this Coverage Form because of such faiknre. 15. AUTOS RENTED BY EMPLOYEES Paragraph $.5. -OTHER INSURANCE of SECTION IV — BUSINESS AUTO CONDITIONS - is amended to add the following: e. Any "auto" hired or rented by your 'employed' on your behalf and at your direction will be considered an "auto" you We. If an "employee's" personal Insurance also applies on an excess basis to a covered "auto" hired or rented by your *employee on your behalf and at your direction, this insurance will be ptlmay to the "employee's" personal lnsurancer 16. ROM AUTO —COVERAGE TERRITORY Paragraph 11.7.b.(5).(a) - POLICY PERIOD. COVERAGE T EMWOi2Y of SECTION IV — BUSINESS AUTO CONDITIONS Is deleted and replaced with the following: (a) A covered "auto" of the private passenger type is leased, hired, rented or borrowed without a driver for a period of 45 days or less; and 17. RESULTANT iV=TAL ANGUISH COVT11AGE Paragraph C. of - SECTION V — DEFINITIONS is deleted and replaced by the following: 'Bodily I nJary" means bodily k ury, sickness or disease sustained by any persm including mental anguish or death as a result of the "bodily tnpuuy" sustained by that person. Fong IM4292 (Rev. 4-11) Page 3 of 3 'includes copyrighted material of Insurance Services Office, Inc. with its pe rn union WC 124 (4-84) WC 00 03 13 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement changes the policy to which it Is attached effective on the inception date of the policy unless a different data Is indicated below. ps t cue" need be oorrpbbd o* awn ttds w4wmwt b tad Kftewort to "moon of to po j►a This endorsement, effective on at 12,01 A. M. standard time, forms a part of fX11) Policy No. (18)7174-90.62 of the FEDERAL INSURANCE COMPANY 1"EOF NUFMC E00MPA" issued to MOBILI TIE, LLC Endorsement No. AW ort d 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 This agreement shall not operate directly or indirectly to benefit any one not named In the Schedule. Schedule AS REQUIRED PER WRITTEN CONTRACT WC 124 (4-64) WO 00 0313 Copy W 1903 N Won®I (.burxl on Oorrperadon k%uram. pap I or 1 �.., MOINV-3 UP U NI MMCDOYM D11E'2712019 11/27/2019 aco�zo 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 REPRESENTATNE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: N the certMcate held.F Is an ADDITIONAL INSURED, the D.II (Ies) must have ADDITIONAL INSURED provisions or be endorsed If SUBROGATION IS WANED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A stalemend on this certificate does not confer rights to the certificate holder In lieu of such endorsements . PRODUCER 909-9804211 Sllverstone Insurance Servlces Jetton & Associates, Inc PO BOX 1200 NOACT Brent Jetton, AAI, CIC i� ua, s.e 909-9804211 i NP 90"804785 - `A ss re0 SI veratonems.corn RANCHO CUCAMONGA, CA 91729 Brent Jetton, AAI, CIC I NE a AFFORDING E NAILY kNS. CO.CO.OF HARTFORD IrvsuasaA NAT. FIREHART 20478 NsuRED MobJBIe, LLC 660 Newport Center Dr. #200 INSURER Transportation Insurance Co. 20494 INSURER Continental Insurance Company 35289 Newport Beach, CA 92660 INSURER D Great American E&S Ins Co 37532 INSURER Underwriters Lloyds London IL 15792 INSVRERF THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TOME 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 INBp LA TYPE OF INSURANCE X I COMMERCIAL GEN ERAL LNSILRY AOOL SUB POLICYNUMBER POLICYEFF POLICY EXP LIMITS Fi'CH OCNRPHYE $ 1,000,000 DIMIi ESUPENTED $ 1,000,000 cralM-.MADE Oocri iR Y 6079363363 11111120191111112020 MEE E;F— o rson! $ 15,000 CONTRACTUAL LIABILITY PEPeor+AL 1pnnapuVR, 1,000,00d GEHL v GSPEGATE LIMIT MPL ES PER rou_r ❑Pffcr ❑X LOC GRER4L AViGPEG LTE E 2,000,00 .1HITF 1 W11.111- $ 2,000,000 o EP B pr1TOMOSILE LIABILITY COMEIIIED `VlGLE LIMIT f,009,90D FOUL, INIUP) Fe $ X an pur0 6079383377 11/11/2019 11/1112020 PLO,UT Ir64Fr Px ecRb�T p N�FDHI ,S, �Rn, ITT HIPFC� �i{ArylED pLRO5 pnL1 PiROc, NL� FPOPEpr'r�W WE Per acaetrtl S C X'UMBRELLA LNS EXCESS Lus X OCCVP CLAIM-.n E 6079383413 1111112019 11 1IM20 EnCHnTII=PEL' $ 25,000,000 A,,RF,P E 25,000,000 LOU I IpEreMTleu $ I Follow Form C MRXERS COMPENSATION AND EMPLOYERSLIA9LRY YIN AW PPV�PRIETO FAFPIEFLTt CLTAF �{n:rr10non In Q Eec Lu0E0; ❑N NIA 607938338016679383394 11/11/2019 1111112020 X I 7TA FF EL EA[]i AC JDENT 11000,000 EL DISEP3E-EA EMPLLr\EE 1.000r000 $ Prury ulnl= EL ol=E - . 1,000,000 S:a::robe �Aair 'PPTION OF OPFPPTIOr IS 1-01, D Pollution Llab PRE3159857M 111111201911/11=20 EaClrnJAgg 5,000,000 E Professional Liab PMOB1000919 11/1112019 11/11/2020 EaClsdAgg 5,000,000 DESCRIPTION OF OPERATONS I LOCATIONS I VEHCLES IACORO 1%, pEdtlonel RemNa S[betlule, mW be ethdleE I! more apao b nqulrc4 Cityof Spokane Valley Is named as additional Insured with regards to general habilitywhere required by written contract, agreement or permit WACITSP OPIR OF THE ABOVEHEEOF, SLL CANCELLED BEFORE NOTICE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN THE ACCORDANCE WITH THE POLICY PROVISIONS City of Spokane Valley 10210 E. Sprague AVE Spokane Valley, WA 99206 AUTHORIZED REPRESEMRTNE ACORD 25 (2016103) OO 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICYNUMBER 6079383377 COMMERCIALAUTO 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: MOBILITIE LLC Endorsement Effective Date: 11/11/19 SCHEDULE Names) Of Person(s) Or Organizatiorl BLANKET AS REQUIRED BY WRITTEN CONTRACT 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 orgamzafion(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 CA 04 44 10 13 Copyright, Insurance Services Office, Inc , 2011 Page 1 of 1 C/VA Technology General Liability Extension Endorsement It is understood and agreed that this endorsement amends the COMMERCIAL GENERAL LIABILITY COVERAGE PART as follows It any other endorsement attached to this policy amends any provision also amended by this endorsement, then that other endorsement controls with respect to such provision, and the changes made by this endorsement with respect to such provision do not apply TABLE OF CONTENTS 1. Additional Insureds _ 2. Additional Insured - Primary And Non -Contributory To Additional Insured's Insurance 3. Bodily Injury— Expanded Definition 4. Broad Knowledge of Occurrence/ Notice of Occurrence 5. Broad Named Insured 6. Estates, Legal Representatives and Spouses 7. Expected Or Intended Injury— Exception for Reasonable Force 8. In Rem Actions 9. Incidental Health Care Malpractice Coverage 10. Joint Ventures/Partnership/Limited Liability Companies 11. Legal Liability — Damage To Premises 12. Medical Payments 13. Non.owned Aircraft Coverage 14. Nonowned Watercraft 16. Personal And Advertising Injury— Discrimination or Humiliation 16. Personal And Advertising Injury - Limited Contractual Liability 17. Property Damage - Elevators 18. Supplementary Payments 19. Property Damage — Patterns, Molds and Dies 20. Unintentional Failure To Disclose Hazards 21. Waiver of Subrogation — Blanket CNA74872XX (1-15) Policy No 6079383363 Page 1 of 15 Endorsement No 001 Effective bate 11/11/19 Insured Name MOBILITIE LLC CapyngM CNANI Rights Reserved Includes copynghted matenal of insurance Seances INfice, Inc, a nth Its pennisaon CNA:1 Technology General Liability Extension Endorsement 1. ADDITIONAL INSUREDS a. WHO IS AN INSURED Is amended to Include as an Insured any person or organization described in paragraphs A. through K. below whom a Named Insured Is required to add as an additional Insured on this Coverage Part under a written contract or written agreement, provided such contract or agreement (1) is currently in effect or becomes effective during the term of this Coverage Part, and (2) was executed prior to (a) the bodily injury or property damage, or (b) the offense that caused the personal and advertising injury, for which such additional Insured seeks coverage b. However, subject always to the terms and conditions of this policy, Including the limits of Insurance, the Insurer will not provide such additional Insured with (1) a higher limit of Insurance than required by such contract or agreement, or (2) coverage broader than required by such contract or agreement, and In no event broader than that described by the applicable paragraph A. through K. below Any coverage granted by this endorsement shall apply only to the extent permissible by law A. Controlling Interest Any person or organization with a controlling Interest In a Named Insured, but only with respect to such person or organizatlon's liability for bodily injury, property damage or personal and advertising injury arising out of 1. such person or organizatlon's financial control of a Named Insured, or 2. premises such person or organization owns, maintains or controls while a Named Insured leases or occupies such premises, provided that the coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured B. Co-owner of Insured Premises A co-owner of a premises co -owned by a Named Insured and covered under this Insurance but only with respect to such co -owners liability for bodily injury, property damage or personal and advertising injury as co-owner of such premises C. Grantor of Franchise Any person or organization that has granted a franchise to a Named Insured, but only with respect to such person or organization's liability for bodily injury, property damage or personal and advertising injury as grantor of a franchise to the Named Insured D. Lessor of Equipment Any person or organization from whom a Named Insured leases equipment, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused, In whole or in part, by the Named Insured's maintenance, operation or use of such equipment, provided that the occurrence gluing rise to such bodily injury, property damage or the offense gluing rise to such personal and advertising injury takes place prior to the termination of such lease CNA74872XX (1-15) Page 2 of 15 CopyngrACNAMRigMSReserved Includes copynghtedmatenalof Insurance Servicesoflice, Inc, a nth itsperrisslon STechnology General Liability Extension Endorsement E. Lessor of Land Any person or organization from whom a Named Insured leases land but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of the ownership, maintenance or use of such land, provided that the occurrence giving rise to such bodily injury, property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional Insured F. Lessor of Premises An owner or lessor of premises leased to the Named Insured, or such owner or lessor's real estate manager, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of the ownership, maintenance or use of such part of the premises leased to the Named Insured, and provided that the occurrence giving rise to such bodily injury or property damage, or the offense giving rise to such personal and advertising injury, takes place prior to the termination of such lease The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured G. Mortgagee, Assignee or Receiver A mortgagee, assignee or receiver of premises but only with respect to such mortgagee, assignee or receiver's liability for bodily injury, property damage or personal and advertising injury arising out of the Named Insured's ownership, maintenance, or use of a premises by a Named Insured The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional Insured H. State or Governmental Agency or Subdivision or Political Subdivisions — Permits A state or governmental agency or subdivision or political subdivision that has issued a permit or authorization but only with respect to such state or governmental agency or subdivision or political subdivision's liability for bodily injury, property damage or personal and advertising injury arising out of 1. the following hazards in connection with premises a Named Insured owns, rents, or controls and to which this Insurance applies a. the existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, holstaway openings, sidewalk vaults, street banners, or decorations and similar exposures, or b. the construction, erection, or removal of elevators, or c. the ownership maintenance or use of any elevators covered by this Insurance, or 2. the permitted or authorized operations performed by a Named Insured or on a Named Insured's behalf The coverage granted by this paragraph does not apply to a. Bodily injury, property damage or personal and advertising injury arising out of operations performed for the state or governmental agency or subdivision or political subdivision, or b. Bodily injury or property damage Included within the products -completed operations hazard With respect to this provision's requirement that additional Insured status must be requested under a written contract or agreement, the Insurer will treat as a written contract any governmental permit that requires the Named Insured to add the governmental entity as an additional insured CNA74872XX (1-15) Page 3 of 15 Copynght CNA All Rights Reserved Includes copynghled material of Insurance Semces Office , Inc, with its pemnssion. �� Technology General Liability Extension Endorsement I. Trade Show Event Lessor 1. With respect to a Named Insured's participation in a trade show event as an exhibitor, presenter or displayer, any person or organization whom the Named Insured is required to include as an additional insured, but only with respect to such person or organization's liability for bodily injury, property damage or personal and advertising injury caused by a. the Named Insured's acts or omissions, or It. the acts or omissions of those acting on the Named Insured's behalf, in the performance of the Named Insured's ongoing operations at the trade show event premises during the trade show event 2. The coverage granted by this paragraph does not apply to bodily injury or property damage Included within the products completed operations hazard. J. Vendor Any person or organization but only with respect to such person or organization's liability for bodily injury or property damage arising out of your products which are distributed or sold In the regular course of such person or organization's business, provided that 1. The coverage granted by this paragraph does not apply to a. bodily injury or property damage for which such person or organization is obligated to pay damages by reason of the assumption of liability in a contract or agreement unless such liability exists in the absence of the contract or agreement, I any express warranty unauthorized by the Named Insured, c. any physical or chemical change in any product made Intentionally by such person or organization, d. repackaging, except when unpacked solely for the purpose of Inspection, demonstration, testing, or the substitution of parts under Instructions from the manufacturer, and then repackaged in the original container, e. any failure to make any Inspections, adjustments, tests or servicing that such person or organization has agreed to make or normally undertakes to make in the usual course of business in connection with the distribution or sale of the products, f. demonstration, installation, servicing or repair operations, except such operations performed at such person or organization's premises in connection with the sale of a product, g. products which, after distribution or sale by the Named Insured, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for such person or organization, or In. bodily injury or property damage arising out of the sole negligence of such person or organization for its own acts or omissions or those of its employees or anyone else acting on its behalf However, this exclusion does not apply to (1) the exceptions contained in Subparagraphs d. orf. above, or (2) such inspections, adjustments, tests or servicing as such person or organization has agreed with the Named Insured to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products CNA74872XX (1-15) Page 4 of 15 Copynght CW Al Rights Reserved Includes copyrighted matenal of Insurance Services Office. Inc mth Is pemnssion OVA Technology General Liability Extension Endorsement 2. This Paragraph J. does not apply to any Insured person or organization, from whom the Named Insured has acquired such products, nor to any ingredient, part or container, entering into, accompanying or containing such products 3. This Paragraph J. also does not apply a. to any vendor specifically scheduled as an additional insured by endorsement to this Coverage Part, b. to any of your products for which coverage is excluded by endorsement to this Coverage Part, nor c. if bodily injury or property damage included within the products -completed operations hazard is excluded by endorsement to this Coverage Part K. Other Person Or Organization / Your Work Any person or organization who is not an additional insured under Paragraphs A. through J. above Such additional insured is an Insured solely for bodily injury, property damage or personal and advertising injury for which such additional insured is liable because of the Named Insured's acts or omissions The coverage granted by this paragraph does not apply to any person or organization 1. who is specifically scheduled as an additional insured on another endorsement to this Coverage Part, nor 2. for bodily injury or property damage included within the products -completed operations hazard except to the extent all of the following apply a. this Coverage Part provides such coverage, b. the written contract or agreement described in the opening paragraph of this ADDITIONAL INSUREDS Provision requires the Named Insured to provide the additional insured such coverage, and c. the bodily injury or property damage results from your work that is the subject of the written contract or agreement, and such work has not been excluded by endorsement to this Coverage Part 2. ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY TO ADDITIONAL INSURED'S INSURANCE A. The Other Insurance Condition in the COMMERCIAL GENERAL LIABILITY CONDITIONS Section is amended to add the following paragraph If the Named Insured has agreed in writing in a contract or agreement that this insurance is primary and non-contributory relative to an additional insured's own insurance, then this insurance is primary, and the Insurer will not seek contribution from that other insurance For the purpose of this Provision 2., the additional insured's own insurance means Insurance on which the additional insured is a named insured B. With respect to persons or organizations that qualify as additional insureds pursuant to paragraph I.K. of this endorsement, the following sentence is added to the paragraph above Otherwise, and notwithstanding anything to the contrary elsewhere in this Condition, the insurance provided to such person or organization is excess of any other insurance available to such person or organization 3. BODILY INJURY— EXPANDED DEFINITION Under DEFINITIONS, the definition of bodily injury is deleted and replaced by the following Page 5 of 15 CopyngM CNA All Rights Reserved Includes copyngMed maternal of Insurance semces Office, Inc, with Its pemnssion. Technology General Liability Extension Endorsement Bodily injury means physical injury, sickness or disease sustained by a person, including death, humiliation, shock, mental anguish or mental Injury sustained by that person at any time which results as a consequence of the physical Injury, sickness or disease 4. BROAD KNOWLEDGE OF OCCURRENCE/ NOTICE OF OCCURRENCE Under CONDITIONS, the condition entitled Duties in The Event of Occurrence, Offense, Claim or Suit Condition is amended to add the following provisions A. BROAD KNOWLEDGE OF OCCURRENCE The Named Insured must give the Insurer or the Insurer's authorized representative notice of an occurrence, offense or claim only when the occurrence, offense or claim is known to a natural person Named Insured, to a partner, executive officer, manager or member of a Named Insured, or to an employee designated by any of the above to give such notice B. NOTICE OF OCCURRENCE The Named Insured's rights under this Coverage Part will not be prejudiced if the Named Insured fails to give the Insurer notice of an occurrence, offense or claim and that failure is solely due to the Named Insured's reasonable belief that the bodily injury or property damage is not covered under this Coverage Part However, the Named Insured shall give written notice of such occurrence, offense or claim to the Insurer as soon as the Named Insured is aware that this Insurance may apply to such occurrence, offense or claim 5. BROAD NAMED INSURED WHO IS AN INSURED is amended to delete Its Paragraph 3. in its entirety and replace it with the following 3. Pursuant to the limitations described in Paragraph 4. below, any organization in which a Named Insured has management control a. on the effective date of this Coverage Part, or It. by reason of a Named Insured creating or acquiring the organization during the policy period, qualifies as a Named Insured, provided that there is no other similar liability Insurance, whether primary, contributory, excess, contingent or otherwise, which provides coverage to such organization, or which would have provided coverage but for the exhaustion of Its limit, and without regard to whether Its coverage is broader or narrower than that provided by this Insurance But this BROAD NAMED INSURED provision does not apply to (a) a ny partnership or joint venture, or (b) any organization for which coverage is excluded by another endorsement attached to this Coverage Part For the purpose of this provision, and of this endorsement's JOINT VENTURES / PARTNERSHIP / LIMITED LIABILITY COMPANIES provision, management control means A. owning Interests representing more than 50 % of the voting, appointment or designation power for the selection of a majonty of the Board of Directors of a corporation, or the members of the management board of a limited liability company, or B. having the right, pursuant to a written trust agreement, to protect, control the use of, encumber or transfer or sell property held by a trust 4. With respect to organizations which qualify as Named Insureds by virtue of Paragraph 3. above, this insurance does not apply to CNA74872XX (1-15) Page 6 of 15 Copynght CNA All Rights Reserved Includes copyrighted material of Insurance services office. Inc, mbritspemission. Technology General Liability Extension Endorsement a. bodily injury or property damage that first occurred prior to the date of management control, or that first occurs after management control ceases, nor b. personal or advertising injury caused by an offense that first occurred prior to the date of management control or that first occurs after management control ceases S. The insurance provided by this Coverage Part applies to Named Insureds when trading under their own names or under such other trading names or doing -business -as names (dba) as any Named Insured should choose to employ 6. ESTATES, LEGAL REPRESENTATIVES, AND SPOUSES The estates, heirs, legal representatives and spouses of any natural person Insured shall also be insured under this policy, provided, however, coverage is afforded to such estates, heirs, legal representatives, and spouses only for claims arising solely out of their capacity or status as such and, in the case of a spouse, where such claim seeks damages from marital community property, jointly held property or property transferred from such natural person Insured to such spouse No coverage is provided for any act, error or omission of an estate, heir, legal representative, or spouse outside the scope of such person's capacity or status as such, provided however that the spouse of a natural person Named Insured and the spouses of members or partners of joint venture or partnership Named Insureds are Insureds with respect to such spouses' acts, errors or omissions in the conduct of the Named Insured's business 7. EXPECTED OR INTENDED INJURY— EXCEPTION FOR REASONABLE FORCE Under COVERAGES, Coverage A — Bodily Injury And Property Damage Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Expected or Intended Injury and replace it with the following This Insurance does not apply to Expected or Intended Injury Bodily injury or property damage expected or intended from the standpoint of the Insured This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property S. IN REM ACTIONS A quasi in rem action against any vessel owned or operated by or for the Named Insured, or chartered by or for the Named Insured, will be treated in the same manner as though the action were in personam against the Named Insured S. INCIDENTAL HEALTH CARE MALPRACTICE COVERAGE Solely with respect to bodily injury that arises out of a health care incident A. Under COVERAGES, Coverage A — Bodily Injury And Property Damage Liability, the Insuring Agreement is amended to replace Paragraphs 1.b.(1) and 1.b.(2) with the following b. This insurance applies to bodily injury provided that the professional health care services are incidental to the Named Insured's primary business purpose, and only if (1) such bodily injury is caused by an occurrence that takes place in the coverage territory (2) the bodily injury first occurs during the policy period All bodily injury arising from an occurrence will be deemed to have occurred at the time of the first act, error, or omission that is part of the occurrence, and S. Under COVERAGES, Coverage A — Bodily Injury And Property Damage Liability, the paragraph entitled Exclusions is amended to CNA74872XX (1-15) Page 7 of 15 copyright CNA Al Rights Reserved Includes copyngMed material or Insurance Services office, Inc, with its permission. C&% Technology General Liability Extension Endorsement I. add the following to the Employers Liability exclusion This exclusion applies only if the bodily injury arising from a health care incident is covered by other liability Insurance available to the Insured (or which would have been available but for exhaustion of its limits) ii. delete the exclusion entitled Contractual Liability and replace It with the following This insurance does not apply to Contractual Liability the Insured's actual or alleged liability under any oral or written contract or agreement, including but not limited to express warranties or guarantees Ill. add the following additional exclusions This insurance does not apply to Discrimination any actual or alleged discrimination, humiliation or harassment, that includes but shall not be limited to claims based on an individual's race, creed, color, age, gender, national origin, religion, disability, marital status or sexual orientation Dishonesty or Crime Any actual or alleged dishonest, criminal or malicious act, error or omission Medicare/Medicaid Fraud any actual or alleged violation of law with respect to Medicare, Medicaid, Tncare or any similar federal, state or local governmental program Services Excluded by Endorsement Any health care incident for which coverage is excluded by endorsement C. DEFINITIONS Is amended to 1. add the following definitions Health care incident means an act, error or omission by the Named Insured's employees or volunteer workers in the rendering of a. professional health care services on behalf of the Named Insured or b. Good Samaritan services rendered in an emergency and for which no payment Is demanded or received Professional health care services means any health care services or the related furnishing of food, beverages, medical supplies or appliances by the following providers in their capacity as such but solely to the extent they are duly licensed as required a. Physician, b. Nurse, c. Nurse practitioner, d. Emergency medical technician, e. Paramedic, Page 8 of 15 Copyright CNA All Rights Reserved Includes copynghted malenal of Insurance senores Office, Inc. with its permission. r General Liability Extension Endorsement f. Dentist, g. Physical therapist, I Psychologist, I. Speech therapist, j. Other allied health professional, or Professional health care services does not Include any services rendered in connection with human chnical trials or product testing ii. delete the definition of occurrence and replace it with the following Occurrence means a health care incident All acts, errors or omissions that are logically connected by any common fact, circumstance, situation, transaction, event, advice or decision will be considered to constitute a single occurrence, III. amend the definition of Insured to a. add the following • the Named Insured's employees are Insureds with respect to (1) bodily injury to a co -employee while in the course of the co -employee's employment by the Named Insured or while performing duties related to the conduct of the Named Insured's business, and (2) bodily injury to a volunteer worker while performing duties related to the conduct of the Named Insured's business, when such bodily injury arises out of a health care incident • the Named Insured's volunteer workers are Insureds with respect to (1) bodily injury to a cc -volunteer worker while performing duties related to the conduct of the Named Insured's business, and (2) bodily injury to an employee while in the course of the employee's employment by the Named Insured or while performing duties related to the conduct of the Named Insured's business, when such bodily injury arises out of a health care incident I delete Subparagraphs (a), (b), I and (d) of Paragraph 2.a.(1) of WHO IS AN INSURED c. add the following Insured does not include any physician while acting in his or her capacity as such D. The Other Insurance condition is amended to delete Paragraph b.(1) in its entirety and replace it with the following Other Insurance I Excess Insurance (1) To the extent this insurance applies, it is excess over any other insurance, self insurance or risk transfer instrument, whether primary, excess, contingent or on any other basis, except for insurance purchased specifically by the Named Insured to be excess of this coverage Page 9 of 15 Copynght CNF NI Rights Reserved Includes copyrighted material of Insurance Servmes Office, Inc, with its pemmssion CM Technology General Liability Extension Endorsement 10. JOINT VENTURES / PARTNERSHIP / LIMITED LIABILITY COMPANIES WHO IS AN INSURED is amended to delete its last paragraph and replace it with the following No person or organization is an Insured with respect to • the conduct of any current or past partnership or joint venture that is not shown as a Named Insured in the Declarations, nor the conduct of a current or past limited liability company in which a Named Insured's Interest does/did not rise to the level of management control, except that if the Named Insured was a Joint venturer, partner, or member of such a limited liability company, and such joint venture, partnership or limited liability company terminated prior to or during the policy period, then such Named Insured is an Insured with respect to Its Interest in such joint venture, partnership or Ilmltetl liability company but only to the extent that a. any offense giving rise to personal and advertising injury occurred prior to such termination date, and the personal and advertising injury arising out of such offense, first occurred after such termination date, I the bodily injury or property damage first occurred after such termination date, and c. there is no other valid and collectible insurance purchased specifically to Insure the partnership, joint venture or limited liability company 11. LEGAL LIABILITY— DAMAGE TO PREMISES A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete the first paragraph immediately following subparagraph (6) of the Damage to Property exclusion and replace it with the following Paragraphs (1), (3) and (4) of this exclusion do not apply to property damage (other than damage by fire, lightning, explosion, smoke or leakage from automatic fire protective systems) to premises rented to the Named Insured or temporarily occupied by the Named Insured with the permission of the owner, nor to the contents of premises rented to the Named Insured for a period of 7 or fewer consecutive days A separate limit of insurance applies to Damage To Premises Rented To You as described in LIMITS OF INSURANCE B. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete Its last paragraph and replace it with the following Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke or leakage from automatic fire protective systems to premises while rented to a Named Insured or temporarily occupied by a Named Insured with permission of the owner, nor to damage to the contents of premises rented to a Named Insured for a period of 7 or fewer consecutive days A separate limit of Insurance applies to this coverage as described in the LIMITS OF INSURANCE Section C. LIMITS OF INSURANCE is amended to delete Paragraph 6. (the Damage To Premises Rented To You Limit) and replace it with the following 6. Subject to Paragraph S. above, (the Each Occurrence Limit), the Damage To Premises Rented To You Limit is the most the Insurer will pay under COVERAGE A for damages because of property damage to a. any one premises while rented to a Named Insured or temporarily occupied by a Named Insured with the permission of the owner, and It. contents of such premises if the premises is rented to the Named Insured for a period of 7 or fewer consecutive Cava Page 10 of 15 Copyright CNA All Rights Reserved Includes copyrighted material Df Insurance services once, Inc, with its permission. LTechnology General Liability Extension Endorsement The Damage To Premises Rented To You Limit is $500,000 unless a higher Damage to Premises Rented to You Limit is shown in the Declarations D. The Other Insurance Condition is amended to delete Paragraph b.(1)(a)(ii), and replace it with the following (ii) That is property insurance for premises rented to a Named Insured, for premises temporarily occupied by the Named Insured with the permission of the owner, or for personal property of others in the Named Insured's care, custody or control, E. This Provision 11. does not apply if liability for damage to premises rented to a Named Insured is excluded by another endorsement attached to this Coverage Part 12. MEDICAL PAYMENTS A. LIMITS OF INSURANCE is amended to delete Paragraph 7. (the Medical Expense Limit) and replace it with the following 7. Subject to Paragraph S. above (the Each Occurrence Limit), the Medical Expense Limit is the most the Insurer will pay under Coverage C — Medical Payments for all medical expenses because of bodily injury sustained by any one person The Medical Expense Limit is the greater of (1) $15,000 unless a different amount is shown here e R0wl3la malard is ianir, or (2) the amount shown in the Declarations for Medical Expense Limit B. Under COVERAGES, the Insuring Agreement of Coverage C — Medical Payments is amended to replace Paragraph 1.a.(3)(b) with the following (b) The expenses are incurred and reported to the Insurer within three years of the date of the accident, and 13. NON -OWNED AIRCRAFT Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended as follows The exclusion entitled Aircraft, Auto or Watercraft is amended to add the following This exclusion does not apply to an aircraft not owned by any Named Insured, provided that 1. the pilot in command holds a currently effective certificate issued by the duly constituted authority of the United States of America or Canada, designating that person as a commercial or airline transport pilot, 2. the aircraft is rented with a trained, paid crew to the Named Insured, and 3. the aircraft is not being used to carry persons or property for a charge. 14. NON -OWNED WATERCRAFT Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete subparagraph (2) of the exclusion entitled Aircraft, Auto or Watercraft, and replace it with the following This exclusion does not apply to (2) a watercraft that is not owned by any Named Insured, provided the watercraft is (a) less than 75 feet long, and (b) not being used to carry persons or property for a charge CNA74872XX (1-15) Page 11 of 15 Copyright CNA NI Rights Reserod Includes copyrighted material of Insurance Services Office, Inc. with its permission Technology General Liability Extension Endorsement 15. PERSONAL AND ADVERTISING INJURY —DISCRIMINATION OR HUMILIATION A. Under DEFINITIONS, the definition of personal and advertising injury is amended to add the following tort • Discrimination or humiliation that results in injury to the feelings or reputation of a natural person B. Under COVERAGES, Coverage B — Personal and Advertising Injury Liability, the paragraph entitled Exclusions is amended to 1. delete the Exclusion entitled Knowing Violation Of Rights Of Another and replace it with the following This Insurance does not apply to Knowing Violation of Rights of Another Personal and advertising injury caused by or at the direction of the Insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury This exclusion shall not apply to discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation is not done intentionally by or at the direction of (a) the Named Insured, or (b) any executive officer, director, stockholder, partner, member or manager (if the Named Insured is a limited liability company) of the Named Insured 2. add the following exclusions This insurance does not apply to Employment Related Discrimination Discrimination or humtliation directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person by any Insured Premises Related Discrimination discrimination or humiliation arising out of the sale, rental, lease or sub -lease or prospective sale, rental, lease or sub -lease of any room, dwelling or premises by or at the direction of any Insured Notwithstanding the above, there is no coverage for fines or penalties levied or imposed by a governmental entity because of discrimination The coverage provided by this PERSONAL AND ADVERTISING INJURY —DISCRIMINATION OR HUMILIATION Provision does not apply to any person or organization whose status as an Insured derives solely from Provision 1. ADDITIONAL INSURED of this endorsement, or attachment of an additional insured endorsement to this Coverage Part 1 S. PERSONAL AND ADVERTISING INJURY - LIMITED CONTRACTUAL LIABILITY A. Under COVERAGES, Coverage B —Personal and Advertising Injury Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Contractual Liability and replace it with the following This insurance does not apply to Contractual Liability CNA74872XX (1-15) Page 12 of 15 Copynght CNA All Rights Reserved Includes copynghted matenal of Insurance Semces Office. Inc mth Is permission CHA Technology General Liability Extension Endorsement Personal and advertising injury for which the Insured has assumed liability in a contract or agreement This exclusion does not apply to liability for damages (1) that the Insured would have in the absence of the contract or agreement, or (2) assumed in a contract or agreement that is an insured contract provided the offense that caused such personal or advertising injury first occurred subsequent to the execution of such insured contract Solely for the purpose of liability assumed in an insured contract, reasonable attorney fees and necessary litigation expenses incurred by or for a party other than an Insured are deemed to be damages because of personal and advertising injury provided (a) liability to such party for, or for the cost of, that party's defense has also been assumed in such insured contract, and (b) such attorney fees and litigation expenses are for defense of such party against a civil or alternative dispute resolution proceeding in which covered damages are alleged B. Solely for the purpose of the coverage provided by this paragraph, DEFINITIONS is amended to delete the definition of insured contract in its entirety, and replace it with the following Insured contract means that part of a written contract or written agreement pertaining to the Named Insured's business under which the Named Insured assumes the tort liability of another parry to pay for personal or advertising injury arising out of the offense of false arrest, detention or imprisonment Tort liability means a liability that would be imposed by law in the absence of any contract or agreement C. Solely for the purpose of the coverage provided by this paragraph, the following changes are made to the Section entitled SUPPLEMENTARY PAYMENTS — COVERAGES A AND B: 1. Paragraph 2.d. is replaced by the following d. The allegations in the suit and the information the Insurer knows about the offense alleged in such suit are such that no conflict appears to exist between the interests of the Insured and the interests of the indemnitee, 2. The fast unnumbered paragraph beneath Paragraph 2.f.(2)(b) is deleted and replaced by the following So long as the above conditions are met, attorneys fees incurred by the Insurer in the defense of that indemnitee, necessary litigation expenses incurred by the Insurer, and necessary litigation expenses incurred by the Indemninee at the Insurer's request will be paid as defense costs Notwithstanding the provisions of Paragraph e.(2) of the Contractual Liability exclusion (as amended by this Endorsement), such payments will not be deemed to be damages for personal and advertising injury and will not reduce the limits of insurance D. This PERSONAL AND ADVERTISING INJURY - LIMITED CONTRACTUAL LIABILITY Provision does not apply if Coverage B —Personal and Advertising Injury Liability is excluded by another endorsement attached to this Coverage Part 17. PROPERTY DAMAGE — ELEVATORS A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended such that the Damage to Your Product Exclusion and subparagraphs (3), (4) and (S) of the Damage to Property Exclusion do not apply to property damage that results from the use of elevators S. Solely for the purpose of the coverage provided by this PROPERTY DAMAGE — ELEVATORS Provision, the Other Insurance conditions is amended to add the following paragraph CNA74872XX (1-15) Page 13 of 15 Copynght CM4NI Rights Reserved Includes copyngMed matenal of Insurance Servmes Ofice, Inc vaP its pemissmn Technology General Liability Extension Endorsement This insurance is excess over any of the other Insurance, whether primary, excess, contingent or on any other basis that is Property insurance covering property of others damaged from the use of elevators 18. SUPPLEMENTARY PAYMENTS The section entitled SUPPLEMENTARY PAYMENTS — COVERAGES A AND B is amended as follows A. Paragraph 1.b. is amended to delete the $250 limit shown for the cost of bail bonds and replace it with a $5,000 limit, and B. Paragraph 1.d. is amended to delete the limit of $250 shown for daily loss of earnings and replace it with a $1,000 limit 19. PROPERTY DAMAGE - PATTERNS MOLDS AND DIES Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete subparagraphs (3) and (4) of the Exclusion entitled Damage to Property, but only with respect to patterns, molds or dies that are in the care, custody or control of the Insured, and only if such patterns, molds or dies are not being used to perform operations at the time of loss A limit of insurance of $25,000 per policy period applies to this PROPERTY DAMAGE - PATTERNS MOLDS AND DIES coverage, and this limit A. is included within the General Aggregate Limit as described in LIMITS OF INSURANCE, and B. applies excess over any valid and collectible property insurance available to the insured, including any deductible applicable to such Insurance, the Other Insurance condition is changed accordingly 20. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS If the Named Insured unintentionally fails to disclose all existing hazards at the inception date of the Named Insured's Coverage Part, the Insurer will not deny coverage under this Coverage Part because of such failure 21. WAIVER OF SUBROGATION - BLANKET Under CONDITIONS, the condition entitled Transfer Of Rights Of Recovery Against Others To Us is amended to add the fallowing The Insurer waives any right of recovery the Insurer may have against any person or organization because of payments the Insurer makes for injury or damage arising out of 1. the Named Insured's ongoing operations, or 2. your work included in the products -completed operations hazard However, this waiver applies only when the Named Insured has agreed in writing to waive such rights of recovery in a written contract or written agreement, and only if such contract or agreement 1. is in effect or becomes effective during the term of this Coverage Part, and 2. was executed prior to the bodily injury, property damage or personal and advertising injury giving rise to the claim All other terms and conditions of the Policy remain unchanged Page 14 of 15 CopynglR CNN All RIgMs Reserved Includes copynghted matenal of Insurance services Office, Inc with Its pemmssion Technology General Liability Extension Endorsement This endorsement, which forms a part of and Is for attachment to the Policy Issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date Is shown below, and expires concurrently with said Policy Page 15 of 15 Copynght CNA All Rights Reseed Includes copyrighted malenal of Insurance SeMces Office, Inc, with its permission. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 0313 (Ed. 4A4) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT 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 ) This agreement shall not operate directly or indirectly to benefit anyone not named In the Schedule Schedule ALL PERSONS Al ORGANIZATIONS THAT ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT WITH THE INSURED, EXECUTED PRIOR TO THE ACCIDENT OR LOSS, THAT WAIVER OF SUBROGATION BE PROVIDED UNDER THIS POLICY FOR WORK PERFORMED BY YOU FOR THAT PERSON AND/OR ORGANIZATION This endorsement changes the policy to which it is attached and is effective on the date Issued unless otherwise stated (The mormation below is required only when this endorsement is issued subsequent to preparation of the policy I Endorsement Effective 11/11/19 Policy No 607938338016079383394 Endorsement No 001 Insured MOBILITIE LLC Premium $ Insurance Company CONTINENTAL INSURANCE COMPANY OVA CNA71527XX (Ed 10112) ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY It is understood and agreed that this endorsement amends the BUSINESS AUTO COVERAGE FORM as follows SCHEDULE Name of Additional Insured Persons Or BLANKET AS REQUIRED BY WRITTEN CONTRACT 7. In conformance with paragraph A.1.c. of Who Is An Insured of Section II — LIABILITY COVERAGE, the person or organization scheduled above is an insured under this policy 2. The insurance afforded to the additional Insured under this policy will apply on a primary and non-contributory basis if you have committed It to be so in a written contract or written agreement executed prior to the date of the "accident" for which the additional insured seeks coverage under this policy All other terms and conditions of the Policy remain unchanged CNA71527XX (10/12) Policy No 6079383377 Page 1 of 1 Endorsement No 001 Effective Date 11/11/19 Insured Name MOBILITIE LLC Copyright CNA Al Rights Reserved O �® ACC� �V/CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 11/12I2020 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 Marsh Risk & Insurance Services 17901 Von Karman Avenue, Suite 1100 CONTACT NAME: PHONE FAX A/C No Ext : A/C, No): E-MAIL ADDRESS: (949) 399-5800, License #0437153 Irvine, CA 92614 INSURER(S) AFFORDING COVERAGE NAIC # INSURERA: National Fire Insurance Company of Hartford 20478 CN 1 31042479-Proj-GAUW-20-21 WACI TSP INSURED Mobilitie, LLC INSURER B : Transportation Insurance Cc 20494 INSURER C : Continental Insurance Company 35289 660 Newport Center Drive, Suite 200 INSURER D : Great American E&S Insurance Company 37532 Newport Beach, CA 92660 INSURER E: Underwriters at Lloyd's, London EC145 INSURER F : COVERAGES CERTIFICATE NUMBER: LOS-002511226-01 REVISION NUMBER: 1 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 LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF MM/DD POLICY EXP MM/DD LIMITS A X COMMERCIAL GENERAL LIABILITY 7011613127 11/11/2020 11/11/2021 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE � OCCUR DAMAGE PR EM SESO a occur RENTEence $ 1,000,000 MED EXP (Any one person) $ 15,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $ 2,000,000 POLICY JE� LOC PRODUCTS - COMP/OP AGG $ 2,000,000 $ OTHER: B AUTOMOBILE LIABILITY 7011617453 11/11/2020 11/11/2021 COEaMBINEDidentSINGLELIMIT acc $ 1,000,000 X BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY X UMBRELLALIAB X OCCUR 7011628002 11/11/2020 11/11/2021 EACH OCCURRENCE $ 25,000,000 AGGREGATE $ 25,000,000 EXCESS LAB CLAIMS -MADE DED X RETENTION $ 10,000 $ C C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y/N ER/EXECUTIVE OFFICE R/M EMBER EXCLUDED? ❑N (Mandatory in NH) N/A 7011603259(AOS) 7011604086(CA) 11/11/2020 11/11/2020 11/11/2021 11/11/2021 X PER OTH- STATUTE ER E.L. EACH ACCIDENT 1,000,000ANYPROPRIETOR/PARTN $ E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under OF OPERATIONS below E.L. DISEASE - POLICY LIMIT 1,000,000DESCRIPTION $ D Pollution Liability PRE315985705 11/11/2020 11/11/2021 Limit(SIR:$25,000): 5,000,000 E Professional Liability B0621PMOB1000919 11/11/2019 12/11/2020 Limit(Ded:$25,000): 5,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) City of Spokane Valley is included as additional insured where required by written contract with respect to General Liability. CERTIFICATE HOLDER CANCELLATION City of Spokane Valley SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 10210 E. Sprague Ave THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Spokane Valley, WA 99206 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE of Marsh Risk & Insurance Services Tracy Allegre © 1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD O �® ACC� �V/CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 11/11/2021 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 Marsh Risk & Insurance Services 17901 Von Karman Avenue, Suite 1100 CONTACT NAME: PHONE FAX A/C No Ext : A/C, No): E-MAIL ADDRESS: (949) 399-5800, License #0437153 Irvine, CA 92614 INSURER(S) AFFORDING COVERAGE NAIC # wsURERA: National Fire Insurance Company ofHartford 20478 CN 1 31042476-Proj-GAUW-21-22 WACI TSP INSURED Mobilitie, LLC INSURER B : Continental Casualty Company 20443 INSURER C : Continental Insurance Company 35289 660 Newport Center Drive, Suite 200 INSURER D : Great American E&S Insurance Company 37532 Newport Beach, CA 92660 INSURER E: Berkley Assurance Company 39462 INSURER F : COVERAGES CERTIFICATE NUMBER: LOS-002511226-08 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 LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF MM/DD POLICY EXP MM/DD LIMITS A X COMMERCIAL GENERAL LIABILITY 7011613127 11/11/2021 11/11/2022 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE � OCCUR DAMAGE PR EM SESO a occur RENTEence $ 1,000,000 MED EXP (Any one person) $ 15,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $ 2,000,000 POLICY JE� LOC PRODUCTS - COMP/OP AGG $ 2,000,000 $ OTHER: B AUTOMOBILE LIABILITY 7011617453 11/11/2021 11/11/2022 COEaMBINEDidentSINGLELIMIT acc $ 1,000,000 BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ X PROPERTY DAMAGE Per accident $ HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY X UMBRELLALIAB X OCCUR 7011628002 11/11/2021 11/11/2022 EACH OCCURRENCE $ 25,000,000 AGGREGATE $ 25,000,000 EXCESS LAB CLAIMS -MADE DED X RETENTION $ 10,000 $ C C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y/N ER/EXECUTIVE OFFICE R/M EMBER EXCLUDED? ❑N (Mandatory in NH) N/A 7011603259(AOS) 7011604086(CA) 11/11/2021 11/11/2021 11/11/2022 11/11/2022 X PER OTH- STATUTE ER E.L. EACH ACCIDENT 1,000,000ANYPROPRIETOR/PARTN $ E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under OF OPERATIONS below E.L. DISEASE - POLICY LIMIT 1,000,000DESCRIPTION $ D Pollution Liability PRE3159857 11/11/2021 11/11/2022 Limit(SIR:$25,000): 5,000,000 E Professional Liability PCADB-50158551121 11/11/2021 11/11/2022 Limit(SIR:$25,000): 5,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) Re: AGMT: A00523 City of Spokane Valley is included as additional insured where required by written contract with respect to General Liability. CERTIFICATE HOLDER CANCELLATION City of Spokane Valley SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 10210 E. Sprague Ave THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Spokane Valley, WA 99206 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE r��id of p / vRa 1GidGUZC9a .7�n FJZ &w © 1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD O �® ACC� �V/CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 11/15/2022 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 Marsh Risk & Insurance Services 17901 Von Karman Avenue, Suite 1100 CONTACT NAME: PHONE FAX A/c No Ext : A/C No): E-MAIL ADDRESS: (949) 399-5800, License #0437153 Irvine, CA 92614 INSURER(S) AFFORDING COVERAGE NAIC # wsURERA: National Fire Insurance Company ofHartford 20478 CN 1 31042479-Proj-GAUW-22-23 WACI TSP INSURED Mobilitie, LLC INSURER B : Transportation Insurance Company 20494 INSURER C : Continental Insurance Company 35289 660 Newport Center Drive, Suite 200 INSURER D : Great American E&S Insurance Company 37532 Newport Beach, CA 92660 INSURER E: Berkley Assurance Company 39462 INSURER F COVERAGES CERTIFICATE NUMBER: LOS-002511226-11 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 LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICYNUMBER POLICY EFF MM/DD POLICY EXP MM/DD LIMITS A X COMMERCIAL GENERAL LIABILITY 7011613127 11/11/2022 11/11/2023 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE 1OCCUR DAMAGE PREM SESOEa oocur ence $ 1,000,000 MED EXP (Any one person) $ 15,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $ 2,000,000 POLICY ECT LOC PRODUCTS - COMP/OP AGG $ 2,000,000 $ OTHER: B AUTOMOBILE LIABILITY 7011617453 11/11/2022 11/11/2023 COEaMBINEDidentSINGLELIMIT acc $ 1,000,000 X BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY X UMBRELLALIAB X OCCUR 7011628002 11/11/2022 11/11/2023 EACH OCCURRENCE $ 25,000,000 AGGREGATE $ 25,000,000 EXCESS LAB CLAIMS -MADE DED X RETENTION $ 10,000 $ C C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y/N ER/EXECUTIVE OFFICER/MEMBER EXCLUDED? � (Mandatory in NH) N/A 7011603259(AOS) 7011604086(CA) 11/11/2022 11/11/2022 11/11/2023 11/11/2023 X PER OTH- STATUTE ER E.L. EACH ACCIDENT 1,000,000ANYPROPRIETOR/PARTN $ E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under OF OPERATIONS below E.L. DISEASE - POLICY LIMIT 1,000,000DESCRIPTION $ D Pollution Liability PRE 3519857 07 11/11/2022 11/11/2023 Limit (SIR:$25,000): 5,000,000 E Professional Liability PCADB5015855-1121 11/11/2021 12/11/2022 Limit(SIR:$25,000): 5,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) Re: AGMT: A00523 City of Spokane Valley is included as additional insured where required by written contract with respect to General Liability. CERTIFICATE HOLDER CANCELLATION City of Spokane Valley SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 10210 E. Sprague Ave THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Spokane Valley, WA 99206 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE "GG✓��__./ �j y i i¢1 lGtdLUw4a �Pll1GCEd © 1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD I8- 078 ACC ® 16-.� CERTIFICATE OF LIABILITY INSURANCE DAT 111 0 2023 YY) 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 Aon Rl sk Services Northeast, Inc. New York NY Office CONTACT NAME: PHONE FAX (A/C. No. Ext): C.No.): E-MAIL ADDRESS: One Liberty Plaza 165 Broadway, suite 3201 INSURERS) AFFORDING COVERAGE NAIC # New York NY 10006 USA INSURED INSURER A: Federal insurance Company 20281 INSURERS: Chubb Indemnity Insurance Co. 12777 Boldyn Networks US LLC 121 Innovation Dr Ste 200 Irvine CA 92617-3094 USA INSURERC: American International Group UK Ltd AA1120187 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 570102671702 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. Limits shown are as requested INSR LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY 1 EACH OCCURRENCE $2 , 000, 000 CLAIMS -MADE ❑X OCCUR DAMAGE TO RENTED PREMISES Ea occurrence)$2 , 000, 000 MED EXP (Any one person) $10, 000 PERSONAL & ADV INJURY $2 , 000, 000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4,000,000 PRODUCTS - COMP/OPAGG $4,000,000 POLICY X❑ JECT PRO - OTHER: OTHER; A AUTOMOBILE LIABILITY 7355-07-34 11/11/202310/01/2024 COMBINED SINGLE LIMIT Ea accident $1,000,000 BODILY INJURY( Per person) X ANY AUTO BODILY INJURY (Per accident) OWNED SCHEDULED AUTOS ONLY AUTOS HIREDAUTOS NON -OWNED ONLY AUTOS ONLY PROPERTY DAMAGE Per accident A X UMBRELLALIAB X OCCUR 56718908 11/11/2023 09/30/2024 EACH OCCURRENCE $9,000,000 AGGREGATE $9,000,000 EXCESS LIAB I CLAIMS -MADE DED RETENTION B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANV PROPRIETOR / PARTNER / EXECUTIVE 2471736479 11/11/2023 02/01/2024 X PER STATUTE OTRH- E.L. EACH ACCIDENT $1, OOO, OOO OFFICER/MEMBER EXCLUDED? (Mandatory in NH) N / A E.L. DISEASE -EA EMPLOYEE $1, 000, 000 E.L. DISEASE -POLICY LIMIT $1, 000, 000 It yes, describe under DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: AGMT: A00523. City of Spokane valley is included as Additional Insured in accordance with the policy provisions of the General Liability policy. 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 Spokane valley AUTHORIZED REPRESENTATIVE 10210 E. Sprague Ave Spokane valley WA 99206 USA c.�s is%LAC eJSGt�z'ted cJ/Of ✓slta ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD `m c d N a 0 N 0 n 0 0 r rn O Z N R V t_ d lU AGENCY CUSTOMER ID: 570000075032 LOC #: "4 ADDITIONAL REMARKS SCHEDULE Page _ of _ AGENCY Aon Risk services Northeast, Inc. NAMEDINSURED Boldyn Networks US LLC POLICY NUMBER See Certificate Number: 570102671702 CARRIER T77. see certificate Number: 570102671702 EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance INSURER(S) AFFORDING COVERAGE NAIC # INSURER INSURER INSURER INSURER ADDITIONAL POLICIES If a policy below does not include limit information, refer to the corresponding policy on the ACORD certificate form for policy limits. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFFECTIVE DATE (MM/DD/YYYY) POLICY EXPIRATION DATE (MM/DD/YYYY) LIMITS EXCESS LIABILITY 32022119 1st XS 11/11/2023 09/29/2024 Aggregate $25,000,000 ACORD 101 (2008/01) v zuut3 AUUttU t:UKFUHAI IUN. Au ngms reserves. The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 570000075032 LOC #: ADDITIONAL REMARKS SCHEDULE Page _ of _ AGENCY Aon Risk services Northeast, Inc. NAMEDINSURED Boldyn Networks US LLC -71 POLICY NUMBER See Certificate Number: 570102671702 CARRIER See Certificate Number: 570102671702 NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Named insureds Old name: M3 Hilbert Towers, LLC....... ............................... New name: Boldyn Networks US VI LLC Old name: Mobilecomm site Management LLC..................... New name: Boldyn Networks US V LLC Old name: Mobi 1 i ti e= Operations LLC.................................... New name: Boldyn Networks US Operations LLC Old name: Mobi 1 i ti e services, LLC....................................... New name: Boldyn Networks US Services LLC old name: Mobilitie investments III - C, LLC.......................... New name: Boldyn Networks US III LLC old name: Mobilitie Investments III - B, LLC.......................... New name: Boldyn Networks US II LLC old name: Mobilitie investments IV, LLC .............................. New name: Boldyn Networks US IV LLC Old name: Mobilitie Investments III - A, LLC.......................... New name: Boldyn Networks US I LLC old name: Mobilitie LLC........................................................ New name: Boldyn Networks US LLC Old name: signal Point Systems LLC................................... New name: Boldyn Networks US VII LLC Old name: Base Line Integrators LLC................................... New name: Boldyn Networks US VIII LLC ACORD 101 (2008101) U ZUUU AL UMU L Ur4'UhAI lUN. All Il91ll' U-I-U. The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 570000075032 LOC #: ADDITIONAL REMARKS SCHEDULE Page _ of _ AGENCY Aon Risk Services Northeast, Inc. NAMED INSURED aoldyn Networks US LLC POLICY NUMBER See Certificate Number: 570102671702 CARRIER See Certificate Number: 570102671702 NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Addendum As respects Policy Number 32022119, Aon Commercial Risk (U.S.) is generating and distributing this certificate in an administrative capacity. Aon UK is the broker for the defined policy. ACORD 101 (2008/01) v zooa iu.�nu a.vnrvn'ai wn. nu ��ynaa �asa��.o... The ACORD name and logo are registered marks of ACORD ACC ® CERTIFICATE OF LIABILITY INSURANCE DATDV ///DD1,Y YY) 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 AOn Risk Services Northeast, Inc.-NAME: New York NY Office CONTACT PHONE FAX (A/C. No. Ext): (A/C. No.): E-MAIL ADDRESS: One Liberty Plaza 165 Broadway, Suite 3201 INSURER(S) AFFORDING COVERAGE NAIC # New York NY 10006 USA INSURED INSURER A: Federal Insurance Company 20281 INSURER B: American International Group UK Ltd AA1120187 Boldyn Networks US LLC 121 Innovation Or Ste 200 Irvine CA 92617-3094 USA INSURER C: INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 570103719034 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. Limits shown are as requested INSR LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY99511216 EACH OCCURRENCE _DTMXGE70 $2 , 000, 000 CLAIMS -MADE X� OCCUR RENTED PREMISES Ea occurrence $2 , 000, 000 MED EXP (Any one person) $10, 000 PERSONAL & ADV INJURY $2 , 000, 000 GEN'L AGGREGATE LIMITAPPLIES PER: GENERALAGGREGATE $4,000, 000 PRODUCTS - COMP/OP AGG $4,000,000 PRO � LOC POLICY X] JECT OTHER: A AUTOMOBILE LIABILITY 7355-07-34 11/11/2023 10/01/2024 COMBINED SINGLE LIMIT Ea accident $1,000,000 BODILY INJURY ( Per person) X ANY AUTO BODILY INJURY (Per accident) OWNED SCHEDULED PROPERTY DAMAGE AUTOS ONLY AUTOS HIREDAUTOS NON -OWNED Per accident ONLY AUTOS ONLY A 56718908 11/11/2023 09/30/2024 EACH OCCURRENCE $9,000,000 X UMBRELLALIAB X OCCUR AGGREGATE $9,000,000 EXCESS LIAB CLAIMS -MADE DED I RETENTION A WORKERS COMPENSATION AND 71736479 02/01/2024 09/30/2024 X PERSTATUTE ORH- EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $1, 000, 000 OFFICERIMEMBER EXCLUDED? (Mandatory in NH) N / A 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) RE: AGMT: A00523. City of Spokane valley is included as Additional Insured in accordance with the policy provisions of the General Liability policy. 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 Spokane valley AUTHORIZED REPRESENTATIVE 10210 E. Sprague Ave Spokane Valley WA 99206 USA ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD m c d 4) M O v co 0 0 01 0 0 n U) O Z d R V w r O) U AGENCY CUSTOMER ID: 570000075032 LOC #: "4k--- ADDITIONAL REMARKS SCHEDULE Page _ of _ AGENCY Aon Risk Services Northeast, Inc. NAMEDINSURED aoldyn Networks US LLC POLICY NUMBER See Certificate Number: 570103719034 CARRIER See Certificate Number: 570103719034 717771 EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance INSURER(S) AFFORDING COVERAGE NAIC # INSURER INSURER INSURER INSURER ADDITIONAL POLICIES If a policy below does not include limit information, refer to the corresponding policy on the ACORD certificate form for policy limits. POLICY POLICY INSR ADDL SUBR POLICYNUMBER EFFECTIVE EXPIRATION LIMITS LTR TYPE OF INSURANCE INSD W VD DATE DATE (MM/DD/YYYY) (MM/DD/YYYY) EXCESS LIABILITY g 32022119 11/11/2023 09/29/2024 Aggregate $25,000,000 j 1st Xs ACORD 101 (2008101) © 2008 ACORD CORPORATION. All rlgnts reserves. The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 570000075032 LOC #: "A� �® ADDITIONAL REMARKS SCHEDULE Page _ of _ AGENCY Aon Risk services Northeast, Inc. NAMED INSURED Boldyn Networks US LLC POLICY NUMBER See Certificate Number: 570103719034 CARRIER See Certificate Number: 570103719034 NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Named Insureds Old name: M3 Hilbert Towers, LLC....... ............................... New name: Boldyn Networks US VI LLC Old name: MobileComm Site Management LLC..................... New name: Boldyn Networks US V LLC Old name: Mobilitie= Operations LLC....... ............................. New name: Boldyn Networks US Operations LLC Old name: Mobilitie Services, LLC....................................... New name: Boldyn Networks Us Services LLC Old name: Mobilitie Investments III - C, LLC.......................... New name: Boldyn Networks US III LLC old name: Mobi 1 i ti a Investments III - B, LLC.......................... New name: Boldyn Networks US II LLC old name: Mobilitie Investments IV, LLC .............................. New name: Boldyn Networks US IV LLC Old name: Mobi 1 i ti a Investments III - A, LLC.......................... New name: Boldyn Networks US I LLC Old name: Mobi 1 i ti e LLC........................................................ New name: Boldyn Networks US LLC old name: Signal Point Systems LLC................................... New name: Boldyn Networks US VII LLC old name: Base Line Integrators LLC................................... New name: Boldyn Networks US VIII LLC ACORD 101 (2008/01) v zuut$ Awnu GUMFUMAI IVN. All ngnrs reserves. The ACORD name and logo are registered marks of ACORD ACORO® AGENCY CUSTOMER ID: 570000075032 LOC #: ADDITIONAL REMARKS SCHEDULE Page _ of _ AGENCY Aon Risk Services Northeast, Inc. NAMEDINSURED Boldyn Networks US LLC POLICY NUMBER See Certificate Number: 570103719034 CARRIER See certificate Number: 570103719034 NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS F IS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Addendum As respects Policy Number 32022119, Aon commercial Risk (U.S.) is generating and distributing this certificate in an administrative capacity. Aon UK is the broker for the defined policy. ACORD 101 (2008/01) V zuua AUUML) UUNVUHAIJU . All ngncs reserves. The ACORD name and logo are registered marks of ACORD /S-o/19 �� ® � CERTIFICATE OF LIABILITY INSURANCE '`' DATE(MM/DD/YYYY) 0/01/2024 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 Aon Risk Services Northeast, Inc. New York NY Office CONTACT NAME. PHONE FAX (A/C. No. Ext): A/C. No. E-MAIL ADDRESS: one Liberty Plaza 165 Broadway, Suite 3201 INSURER(S) AFFORDING COVERAGE NAIC # New York NY 10006 USA INSURED INSURER A: Federal Insurance Company 20281 Boldyn Networks US LLC INSURERB: Chubb National Ins Co 10052 121 Innovation Dr Ste 200 Irvine CA 92617-3094 USA INSURER C: American International Group UK Ltd AA1120187 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 570108675113 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. Limits shown are as requested LTR INSR TYPE OF INSURANCE INSD WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY 99S11216 Ug/ U/2UZ4 u9/30/2025 EACH OCCURRENCE $2 , 000, 000 CLAIMS -MADE ❑X OCCUR DAMAGE TO RENTED$2,000,000 PREMISES Ea occurrence MED EXP (Any one person) $10, 000 PERSONAL & ADV INJURY $2 , 000, 000 GEN'L AGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $4,000,000 PRODUCTS - COMP/OP AGG $4,000,000 POLICY PRO � JECT LOG OTHER: A AUTOMOBILE LIABILITY 73645549 09/30/2024 09/30/202 5 COMBINED SINGLE LIMIT Ea accident $1,000,000 BODILY INJURY ( Per person) X ANY AUTO BODILY INJURY (Per accident) OWNED SCHEDULED AUTOS ONLY AUTOS HIRED AUTOS NON -OWNED ONLY AUTOS ONLY PROPERTY DAMAGE Per accident A X UMBRELLA LIAB OCCUR 56718908 09/30/2024 09/30/2025 EACH OCCURRENCE $9,000,000 AGGREGATE $9,000,000 EXCESS LIAB H CLAIMS -MADE DED RETENTION B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY IN ANY PROPRIETOR / PARTNER / EXECUTIVE Y❑ N 71835186 09/30/2024 09/30/2025 X I PERSTATUTE I OTH- ER E.L. EACH ACCIDENT $1, 000, 000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) N IA 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) RE: AGMT: A00523. City of Spokane valley is included as Additional Insured in accordance with the policy provisions of the General Liability policy. 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 Spokane valley AUTHORIZED REPRESENTATIVE 10210 E. Sprague Ave Spokane Valley WA 99206 USA �{%-',�P--.s /� tX�G9i is%L� e/K.Lf�?a0 t/IOGGI�r�o4 el7tLt ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Cl) O Z d U N U AGENCY CUSTOMER ID: 570000075032 LOC #: "4 ADDITIONAL REMARKS SCHEDULE Page _ of _ AGENCY Aon Risk Services Northeast, Inc. NAMED INSURED Boldyn Networks US LLC POLICY NUMBER See Certificate Number: 570108675113 CARRIER See Certificate Number: 570108675113 NAIC CODE EFFECTIVE DATE'. ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance INSURER(S) AFFORDING COVERAGE NAIC # INSURER INSURER INSURER INSURER ADDITIONAL POLICIES If a policy below does not include limit information, refer to the corresponding policy on the ACORD certificate form for policy limits. INSR LTR TYPE OF INSURANCE ADDL INSR SURR WVU POLICY NUMBER POLICY EFFECTIVE DATE (MM/DD/YYYY) POLICY EXPIRATION DATE (MM/UD/YYYY) LrMITS EXCESS LIABILITY C 32022120 1st X5 09/30/2024 09/30/2025 Aggregate $38,539,500 Each Occurrence $25,000,000 ACORD 101 (2008/01) U zuuu AL UKLJ cunrUnAiwrv. Au ngnrs reserves. The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 570000075032 LOC #: A ADDITIONAL REMARKS SCHEDULE Page _ of _ AGENCY Aon Risk Services Northeast, Inc. NAMEDINSURED Boldyn Networks US LLC POLICY NUMBER See certificate Number: 570108675113 CARRIER See Certificate Number: 570108675113 NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Named Insureds old name: M3 Hilbert Towers, LLc...................................... New name: Boldyn Networks US VI LLC old name: MObilecomm Site Management LLC..................... New name: Boldyn Networks US V LLC old name: Mobilitie* operations LLC....... ............................. New name: Boldyn Networks US operations LLC old name: Mobilitie Services, LLC....................................... New name: Boldyn Networks US services LLC Old name: Mobilitie Investments III - C, LLC.......................... New name: Boldyn Networks US III LLC Old name: Mobilitie Investments III - B, LLC.......................... New name: Boldyn Networks US II LLC old name: Mobilitie Investments IV, LLC .............................. New name: Boldyn Networks US IV LLC old name: Mobilitie Investments III - A, LLC.......................... New name: Boldyn Networks US I LLC old name: Mobilitie LLC........................................................ New name: Boldyn Networks US LLC Old name: Signal Point Systems LLC................................... New name: Boldyn Networks US VII LLC Old name: Base Line Integrators LLC................................... New name: Boldyn Networks US VIII LLC old name: Apogee Telecom Inc................................................New name: Boldyn Networks Higher Ed, LLC ACORD 101 (2008/01) V 2008 ACORD CORPORATION. All rights reserves. The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 570000075032 LOC #: A ADDITIONAL REMARKS SCHEDULE Page _ of _ AGENCY NAMED INSURED Aon Risk services Northeast, Inc. Boldyn Networks US I_LC POLICY NUMBER see Certificate Number: 570108675113 CARRIER NAIC CODE see Certificate Number: 570108675113 EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Addendum As respects Policy Number 32022120, Aon Commercial Risk (U.S.) is generating and distributing this certificate in an administrative capacity. Aon UK is the broker for the defined policy. ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD