Loading...
HomeMy WebLinkAbout18-132.00 Extenet: Wireless Telecommunications Franchise Agreement CITY OF SPOKANE VALLEY SPOKANE COUNTY,WASHINGTON ORDINANCE NO. 18-016 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, GRANTING A NON-EXCLUSIVE FRANCHISE TO EXTENET SYSTEMS, INC. TO CONSTRUCT, MAINTAIN AND OPERATE WIRELESS 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. "Common costs" shall include necessary costs not specifically attributable to the undergrounding of any particular facility, such as costs for common trenching and utility vaults. "construction"or"construct"shall mean constructing,digging,excavating, laying,testing, operating, extending, upgrading, renewing, removing, replacing, and repairing a facility. "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. Ordinance I8-016 ExteNet Systems, Inc. Wireless Franchise Page 1 of 16 "Fair share" shall be determined for a project on the basis of the number of conduits of Grantee's facilities being undergrounded in comparison to the total number of conduits of all other utility facilities being undergrounded. "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 70.1 05D.020(10). "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. "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. "rights-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 easement, 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, collectively or individually, any and all equipment, fixtures, appurtenances, antennas, receivers, equipment boxes, backup power supplies, power transfer switches, cut-off switches, electric meters, coaxial cables, fiber optic cables,telcom demarcation boxes and related materials and other facilities necessary to furnish 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, 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 ExteNet Systems, Inc. (hereinafter "Grantee"), a franchise for a period of 10 years, beginning on the effective date of this Ordinance, to install, construct, operate,repair,maintain,replace and use all necessary equipment and facilities to place telecommunications Ordinance 18-016 ExteNet Systems,Inc. Wireless Franchise Page 2 of 16 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"). This franchise does not include the right to install or maintain 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 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 (excluding modifications necessitated by replacement or repair) or relocation of any of the facilities shall be allowed without first having received prior authorization from the City through an amendment to this franchise, or pursuant to a permit issued by the City. Placement of all telecommunication facilities in the rights-of-way shall be pursuant to the Spokane Valley Municipal Code, including applicable zoning requirements. Grantee shall be permitted to install, operate, maintain,upgrade,remove,replace,repair and/or restore its telecommunications facilities within the rights- of-way in order to provide telecommunication services to its customers. A) Grantee shall be permitted to erect or replace poles within the rights-of-way only as permitted and pursuant to applicable Spokane Valley Municipal Code ("City Code") sections. Grantee shall be responsible for providing an alternate site analysis together with Grantee's initial request for approvals. Such report shall be paid for by Grantee, and may be prepared either by a third party consultant/engineer agreed to by the Parties. B)The maximum height of any structure placed within the rights-of-way shall be 90 feet. C)Any cabinet, cabling, or other accessory equipment which can be placed underground shall be undergrounded as provided in Section 14. Other cabling or electrical equipment shall either be placed within the supporting pole or structure, or concealed from view in accordance with applicable sections from the City Code. D)Any above-ground electrical equipment placed upon a utility pole or structure shall be operated in a manner which permits it to be deactivated during maintenance, construction, or reconstruction of other utility equipment located on the utility pole or structure. Any above-ground telecommunications facilities, including any electrical facilities necessary to the operation of the telecommunications facilities, shall be co-located with the facilities of another utility provider whenever commercially reasonable. E) To the extent that such facilities are personal wireless services, Grantee and the City will subsequently enter into a site-specific agreement, including the payment of a site specific charge, pursuant to the requirements of RCW 35.21.860, in a form to be mutually agreed upon. F) The facilities shall not be used for cable internet services or Cable Services as those terms are defined in 47 U.S.C. § 522(6). G) Grantee shall have the right, without prior City approval, to offer or provide capacity or bandwidth to its customers consistent with this franchise provided: (a) Grantee retains exclusive control over its telecommunications system, facilities, and services, and remains responsible for constructing, installing, and maintaining its facilities pursuant to the terms and conditions of this franchise; Ordinance 18-016 ExteNet Systems,Inc. Wireless Franchise Page 3 of 16 (b) Grantee may not grant rights to any customer or lessee that are materially greater than any rights franchisee has pursuant to this franchise; (c)Such customer or lessee or Grantee shall not be construed to be a third-party beneficiary under this franchise; and (d)No such customer or lessee may use Grantee's telecommunications system or services for any purpose not authorized by this franchise, nor to sell or offer for sale any service to the citizens of the City without all required federal approvals 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 Grantee's use of the rights-of-way, 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 pain) 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. City and Grantee shall execute a Dark Fiber IRU Agreement to outline the terms for the fiber dedication prior to the time the City wants use the dark fiber. 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 I 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 Ordinance 18-016 ExteNet Systems, Inc.Wireless Franchise Page 4 of 16 Fibers. The City Reserved Fibers shall have a term that matches the duration of this franchise Ordinance. 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, so long as any subsequent franchise or permit does not unreasonably interfere with Grantee's use of the right-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 Fill 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 unreasonably 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 unreasonably interferes in any way with the public use or other facilities, Grantee Ordinance 18-016 ExteNet Systems,Inc. Wireless Franchise Page 5 of 16 shall wholly and at its own expense make such provisions necessary to eliminate the interference or damage to the 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 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: (I) 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. Emergency Response. Grantee shall, within 30 days of the execution of this franchise, designate one or more responsible people and an emergency 24-hour on-call personnel, and the procedures to be followed when responding to an emergency. After being notified of an emergency, Grantee shall cooperate with the City to immediately respond with action to aid in the protection of the health and safety of the public. 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 costs and any expenses. 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. If the City does not require the undergrounding of Grantee's facilities at the time of a permit application, the City may, at any time in the future,require the conversion of Grantee's aerial facilities to underground installation at Grantee's expense at such time as the City requires all other utilities, except electrical utilities,with aerial facilities in the area to convert them to underground installation. Unless otherwise permitted by the City, Grantee shall underground its facilities in all new developments and subdivisions where other utilities are to be constructed underground, and any development or subdivision where utilities are currently underground. Ordinance 18-016 ExteNet Systems,Inc. Wireless Franchise Page 6 of 16 Section 14 shall not apply to facilities that are required to remain above ground in order to be functional; provided, however, all other facilities and equipment capable of being installed underground shall be undergrounded by Grantee. Grantee may install a new pole to support antennas or other facilities that must be above ground to function with written approval from the City, and pursuant to adopted City code at the time any new pole is installed. In the event the City requires the undergrounding of the aerial utilities in any area of the City,Grantee shall underground its aerial facilities concurrently with and in the area of the other affected utilities. The location of any relocated and underground utilities shall be approved by the City. Where other utilities are present and involved in the undergrounding project, Grantee shall only be required to pay its fair share of common costs borne by all utilities, in addition to the costs specifically attributable to the undergrounding of Grantee's own facilities. Grantee shall be entitled to reasonable access to open utility trenches, provided that such access does not interfere with the City's placement of utilities or increase the City's costs. Grantee shall pay the City the City's actual additional cost to the City resulting from providing Grantee access to an open trench,including without limitation the pro rata share of the costs of access to an open trench and any costs associated with the delay of the completion of a public works project. Nothing in Section 14 shall be construed as requiring the City to pay any costs of undergrounding any of Grantee's facilities, except as may otherwise be required by Washington State law. 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, upon at least 14 days' written notice from the City, 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 path for moving such building or structure is the path of least interference to Grantee's telecommunications facilities, as determined by the City. Upon good cause shown by Grantee,the City may require more than 14 days' notice by the third party 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 facilities shall immediately be subject to the terms of this franchise. Section 16. Dangerous Conditions - Authority 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 reasonable actions to protect the public and property. The City may require that such action be completed within a prescribed time. 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 costs and expenses thereof to the extent the emergency condition was caused by Grantee's use of the Ordinance 18-016 ExteNet Systems, Inc. Wireless Franchise Page 7 of 16 right-of-way. 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 indemn ify 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 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. 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 or permitted 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, and Grantor will make reasonable efforts to provide at least 90 days' advance notice; and 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. 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 that there is no other reasonable alternative, Grantee shall relocate its telecommunications facilities as otherwise provided in this section or may terminate the site-specific agreement associated with Ordinance 18-016 ExteNet Systems,Inc. Wireless Franchise Page 8 of 16 the affected installation. 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. 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. No facility constructed or owned by Grantee may be abandoned without the express written consent of the City, which consent shall not be unreasonably withheld. A. Underground facilities: The City has discretion and authority to direct Grantee to remove a facility abandoned by Grantee (whether or not the entity had permission to abandon the facility) and restore the rights-of-way to their pre-removal condition 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. 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 facility or by the removal process, shall be the sole responsibility of the Grantee. If Grantee fails to remove the abandoned facilities in accordance with the above,then the City may incur costs to remove the abandoned facilities and restore the rights-of-way, and is entitled to reimbursement from Grantee for such costs, 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 or cables,electronic equipment, and service Iines 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. Ordinance 18-016 ExteNet Systems,Inc. Wireless Franchise Page 9 of 16 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 informational purposes only,and shall not obligate Grantee to undertake any specific improvements within the franchise area. The information in this subsection shall be delivered to the City by December 1, annually. D) In addition to the requirements of subsection 1 of this section,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. 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, including but not limited to the Ordinance 18-016 ExteNet Systems,Inc. Wireless Franchise Page [0 of 16 currently adopted Spokane Regional Pavement Cut Policy. 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 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 relating to or arising out of this franchise agreement; except for injuries and damages caused solely by the negligence 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 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 a 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 5I. Ordinance 18-016 ExteNet Systems,Inc. Wireless Franchise Page 11 of 16 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 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 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 a 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 sole 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 Ordinance 18-0I6 ExteNet Systems,Inc. Wireless Franchise Page 12 of 16 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 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. 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 primacy 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 A:VII. 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 Iife 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. Ordinance 18-016 ExteNet Systems, Inc. Wireless Franchise Page 13 of 16 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. Section 31. Forfeiture and Revocation. If Grantee willfully violates or fails to comply with any of the provisions of this franchise,then the City shall notify Grantee in writing, stating with reasonable specificity the nature of the alleged default. Grantee shall cure any alleged default within 30 days after receipt of the notice. If Grantee fails to cure the default within such 30-day period, and the City and Grantee do not otherwise reach an agreement with regard to such default, 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. 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 to any entity that acquires all or substantially all the assets or equity of Grantee, by merger, sale, consolidation or otherwise. Use of Grantee's telecommunication facilities by Grantee's customers or attachment of third-party owned telecommunication facilities shall not constitute an assignment under this Agreement. 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 of time 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, 14, 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 renewed by the City, the terms and conditions hereof shall continue in effect until this franchise is either renewed or terminated. Ordinance 18-016 ExteNet Systems,Inc. Wireless Franchise Page 14 of 16 Section 37. Notice. Any notice or information required or permitted to be given by or to the patties under this franchise may be sent to the following addresses unless otherwise specified, in writing: The City: City of Spokane Valley Attn: City Clerk 10210 East Sprague Avenue Spokane Valley,WA 99206 Grantee: ExteNet Systems, Inc. Attn: CFO 3030 Warrenville Road, Suite 340 Lisle, Illinois, 60532 With a copy to: ExteNet Systems, Inc. Attn: General Counsel 3030 Warrenville Road, Suite 340 Lisle, Illinois, 60532 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. PASSED by the City Council this 315;day of July, 20] L. R. Hit"+ i . .41 istine Bainbridge, City Clerk 1--- Appr ved a�� •m_ /,� Office o e City" o eeyy Date of Publication: - 3/ -cZO0rP Effective Date: r7�'` 5--- Ordinance `Ordinance 18-016 ExteNet Systems, Inc. Wireless Franchise Page 15 of 16 Accepted by ExteNet Systems, Inc.: Oat.* By: Oliver Valente,EVP-COO The Grantee,ExteNet Systems, Inc.,for itself, and for its successors and assigns, does accept all of the terms and conditions of the foregoing franchise. STATE OF ILLINOIS ) )ss COUNTY OF DUPAGE ) Before me, X , on this day personally appeared O I I oeL L _ n-I known t me to be the person whose name is subscribed to the foregoing instrument and known to me to be the et) 1-cc, of ExteNet Systems, Inc.,a Delaware corporation,and acknowledged to me that he executed the said instrument for the purposes and consideration therein expressed, on behalf of said Corporation. Given under my hand and seal of office this / day of .A0/0S# , 2018. e • Notary Publi OFFICIAL SEAL Printed Name. 1"(a_aci ( . (Ilea-not-- MARY C ARENA My Commission Expires: ll q/a 9/9-6 NOTARY PUBLIC-STATE OF ILLINOIS MY COMMISSION EXPIRES:09/27/20 [SEAL] Ordinance 18-017 ExteNet Systems,Inc.,FiberTelecommunications.Franchise Page 14 of 14 FRANCHISE BOND Bond No.0746832 KNOW ALL MEN BY THESE PRESENTS, THAT ExteNet Systems, Inc. as Principal, and International Fidelity Insurance Company , a corporation of the State of NJ , having its executive office in Newark, NJ as Surety, are held and firmly bound unto City of Spokane Valley 10210 E Sprague Avenue, Spokane Valley, WA 99206 , hereinafter referred as Obligee in the penal sum of Twenty Five Thousand Dollars and 00/100 Dollars($ 25,000.00 ), for the payment of which, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents, the liability of the Surety being limited to said penal sum regardless of the number of years this bond remains in force or is renewed, or the number of premium that shall be payable or paid, the number of customers to the system and/or legal fees which may be required and incurred. WHEREAS, the Obligee has granted a franchise to the Principal to use the public streets and places within the Municipality to install, operate, upgrade,repair and remove equipment for the purpose of providing services within said NOW, THEREFORE, the condition of this obligation is such,that if the above bound Principal shall faithfully perform, well and truly observe and fulfill the terms and conditions of the franchise,then this obligation shall be void, otherwise to remain in full force and effect unless cancelled or terminated, PROVIDED,HOWEVER, it shall be a condition precedent to any right of recovery hereunder, that in the event of any default on the part of the Principal, a written statement of the particular facts showing the date and nature of such default shall be immediately delivered to the Surety by certified mail at One Newark Center, Newark, NJ 07102-5207 AND PROVIDED FURTHER that no action, suit or proceeding shall be had or maintained against the Surety on this instrument unless same be brought or instituted and process served upon the Surety within twelve (12)months after an act of breach or cancellation of this bond or termination of said franchise, whichever occurs first. This bond may be terminated or cancelled by Surety by giving thirty(30) days prior notice in writing to Principal and said Obligee, such notice to be given by certified mail. Such termination or cancellation shall not affect any liability incurred or accrued under this bond prior to the effective date of such termination or cancellation. IN WITNESS WHEREOF,the said Principal and Surety have signed and sealed this instrument the 15t day of August 2018 Witnessii ExteNet Sy -ins, In . . . . �l 1 1_�.r,► By: le t ,iiindlimripv mommw-- M1 International F,celit In nce Company li4........_ Pa - By: - Karen Socha 5166"" ' ' 'tY Harold Miller Jr. diagJJ'•rney-inn-Fact 1 .,y 1904 h -Will * 1` 13ond1FRP.NCkII56&DN➢.do e State of Illinois ic / SS: Q County of Cook E On this 15th day of August in the year two thousand eighteen before me, F- Christina Laurendi, a Notary Public in and for said County and State, residing therein, zW duly commissioned and sworn, personally appeared Harold Miller Jr., known to me to be 2 the duly authorized Attorney-in-fact of International Fidelity Insurance Company and the ID 2 same person whose name is subscribed to the within instrument as the Attorney-in-fact § of said Company, and the said Harold Miller Jr., duly acknowledged to me that he o subscribed the name of International Fidelity Insurance Company and thereto as Surety z uand his own name as Attorney-in-fact. IN WITNESS WHEREOF, I have hereunto set my a hand and affixed my official seal the day and year in this Certificate first above written. cc 111 III My Commission ,. 1011� Expires `E 6/25/2020 Notary Public in and for Christina Laurendi County, State of Dupage, Illinois (WiaiCi iL S1:.'.`:. f.,'n 5 4 f PI.1111.U.' STATE of 14.1..1B4U1S i`ohiloic,.it ,1 1-;';}°,i...; .lun ' , `,4)e)0 1� POWER OF ATTORNEY INTERNATIONAL FIDELITY INSURANCE COMPANY ALLEGHENY CASUALTY COMPANY One Newark Center,20th Floor,Newark,New Jersey 07102-5207 PHONE:(973)624-7200 Bond# 0746832 Principal ExteNet Systems, Inc. Obligee City of Spokane Valley KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY,a corporation organized and existing under the laws of the State of New Jersey, and ALLEGHENY CASUALTY COMPANY a corporation organized and existing under the laws of the State of New Jersey,having their principal office in the City of Newark,New Jersey,do hereby constitute and appoint Harold Miller Jr. their true and lawful attorney(s)-in-fact to execute, seal and deliver for and on Its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof,which are or may be allowed,required or permitted by law,statute, rule,regulation,contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their principal offices. This Power of Attorney is executed, and may be revoked, pursuant to and by authority of the By-Laws of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY and is granted under and by authority of the following resolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 20th day of July,2010 and by the Board of Directors of ALLEGHENY CASUALTY COMPANY ata meeting duly held on the 10th day of July,2015: "RESOLVED, that(1)the Chief Executive Officer, President, Executive Vice President,Vice President, or Secretary of the Corporation shall have the power to appoint,and to revoke the appointments of,Attorneys-in-Fact or agents with power and authority as defined or limited in their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings, recognizances, contracts of indemnity and other written obligations in the nature thereof or related thereto; and(2)any such Officers of the Corporation may appoint and revoke the appointments of joint-control custodians, agents for acceptance of process, and Attorneys-in-fact with authority to execute waivers and consents on behalf of the Corporation;and(3)the signature of any such Officer of the Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond,undertaking, recognizance, contract of indemnity or other written obligation in the nature thereof or related thereto, such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the Corporation as the original signature of such officer and the original seal of the Corporation,to be valid and binding upon the Corporation with the same force and effect as though manually affixed." IN WITNESS WHEREOF,INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY have each executed and attested these presents on this 4th day of May,2018 oxn n I�+6 STATE OF NEW JERSEY a�GASUALTyC, R4,SQ� jJ, � County of Essex /mow -13 CZJ SEAL 'I' m 4 D' 1936 1904 c-0 a j.,�a� a George R.James # tf� Executive Vice President (International Fidelity Insurance Company)and y� # Vice President (Allegheny Casualty Company) Jt<R� On this 4th day of May,2018 ,before me came the individual who executed the preceding instrument,to me personally known,and, being by me duly sworn,said he is the therein described and authorized officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and of ALLEGHENY CASUALTY COMPANY;that the seals affixed to said instrument are the Corporate Seals of said Companies;that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies. ,,",,,,,,,t, ''i. IN TESTIMONY WHEREOF,I have hereunto set my hand affixed my Official Seal,at the City of Newark, �,.,``P�HY C,Q '' '�,• New Jersey the day and year first above written. • •RNOTARY�73: _ .Y •r rar• 1, PUBLIC , o� 9 .' Cathy Cruz a Notary Public of New Jersey ' 1&24,'',��y My Commission Expires April 16,2019 ,,OpNB''N A;s,...` CERTIFICATION ''�*�nn�INWt� I,the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit,and the copy of the Sections of the By-Laws of said Cumpanies as set forth in said Power of Attorney,with the originals on file in the home of said companies,and that the same are correct transcripts thereof,and of the whole of the said originals,and that the said Power of Attorney has not been revoked and is now in full force and effect. IN TESTIMONY WHEREOF,I have hereunto set my hand this 15th day of August, 2018. .Ogee Maria H.Branco,Assistant Secretary A DATE(MM1ODNYYY) V�� CERTIFICATE OF LIABILITY INSURANCE DATE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CA #0H64724 1-972-581-4400 CONTACT NAMAshley Harris IMA IWaldman PHONE FAX IMA, Inc. (Dallas Division) (A/C,No.Ext): 972 458-8700 (NC,No 972 458-8755 E-MAIL ashle harris®imacor Corn 6200 LHJ Freeway ADDRESS: Y- p• Suite 200 INSURER(S)AFFORDING COVERAGE NAIC# Dallas, TX 75240 _ INSURERA: CONTINENTAL INS CO 35289 INSURED INSURER B; NATIONAL FIRE INS CO OF HARTFORD 20478 ExteNet Systems, Inc.; ExteNet Systems (California) , LLC; INSURERC: AMERICAN CAS CO OF READING PA 20427 ExteNet Systems New York, Inc.; ExteNet Systems (Virginia) BERKLEY ASSUR CO 39462 3030 Warrenville Rd., 3rd FL INSURERD: INSURER E: HISCOX INS CO INC 10200 Lisle, IL 60532 INSURERF: FEDERAL INS CO 120281 COVERAGES CERTIFICATE NUMBER: 53641053 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. ILTR TYPE OF INSURANCE INSO SW D 1 POLICY NUMBER POLICY EFF POLICY EXP LIMITS fMM1DD1Y11YYl IMM1DDmorY 1 A K COMMERCIAL GENERAL LIABILITY 4013130714 01/02/18 01/02/19 EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR DAMAGE TO RENTED 1,400,000 PREMISES(Ea occurrence) $ MED EXP(Any one person) $ 5,000 PERSONAL BADV INJURY $ 1,000,000 GEM.AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X PED X LOC PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER: $ B AUTOMOBILE LIABILITY 4013130681 01/02/18 01/02/19 COMBINED SINGLE LIMIT 5 1,000,nen (Ea accident) ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY(Per accident) $ X X NON-OWNED PROPERTY DAMAGE HIRED AUTOS AUTOS (Per accident) A K UMBRELLA LIAB X OCCUR 6056871852 01/02/18 01/02/19 EACH OCCURRENCE $ 25,000,000 ■ EXCESS LIAB CLAIMS-MADE AGGREGATE $ 25,000,000 DED X RETENTION$ 10,000 $ C WORKERS COMPENSATION 6056871849 01/02/18 01/02/19 X I STATUTE I ERH AND EMPLOYERS'LIABILITY C ANY YIPROPRIEBER EXRTNERE ECUTIVE NN p!A 6055871821 01/02/18 01/02/19 E.L-EACHACCIDENT $ 1,000,000 (Mandatory in NH) E-L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ D Pollution Liability PCADB-5003433-0118 01/27/18 01/02/19 Limit 10,000,000 E Professional/Cyber Liability MPL1869337 01/27/18 01/02/19 Limit 10,000,000 F Fidelity/Crime Coverage 596759293 01/27/18 01/02/19 Limit 1,000,000 DESCRIPTION OF OPERATIONS!LOCATIONS(VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if mare space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Spokane Valley THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Attn: City Clerk 10210 East Sprague Avenue AUTHORIZED REPRESENTATIVE ,/ Spokane Valley, WA 99206 � j/ USA (( t/0 ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD aharris 53641053 DATE SUPPLEMENT TO CERTIFICATE OF INSURANCE 08/10/2018 NAME OF INSURED: ExteNet Systems, Inc.; ExteNet Systems {California), LLC; ExteNet Systems New York, Inc.; ExteNet Systems (Virginia) Additional Description of Operations/Remarks from Page 1: Certificate Holders are included as Additional Insured on the General, Automobile and Umbrella Liability Policies if required by written contract or agreement subject to the policy terms and conditions. A Waiver of Subrogation is provided in favor of "Additional Insured" on the General, Automobile, Umbrella Liability and Workers Compensation Policies if required by written contract or agreement subject to policy terms and conditions. This Insurance is Primary and Non-Contributory on the General, Automobile and Umbrella Liability Policies subject to policy terms and conditions. Any Exclusion for Liability within SO feet of railroad tracks has been deleted. 30 Day Notice of Cancellation with respects to the General, Automobile, Umbrella Liability and Workers Compensation Policies if required by written contract or agreement subject to the policy terms and conditions. Additional Information: SUPP(05/04) CNA CNA PARAMOUNT Blanket Additional insured - Owners, Lessees or Contractors - with Products-Completed Operations Coverage Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows: I. The WHO IS AN INSURED section is amended to add as an Insured any person or organization whom the Named Insured is required by written contract to add as an additional insured on this coverage part, including any such person or organization, if any, specifically set forth on the Schedule attachment to this endorsement. However, such person or organization is an Insured only with respect to such person or organization's liability for: A. unless paragraph B. below applies, 1. bodily injury, property damage, or personal and advertising injury caused in whole or in part by the acts or omissions by or on behalf of the Named Insured and in the performance of such Named Insured's ongoing operations as specified in such written contract; or 2. bodily injury or property damage caused in whole or in part by your work and included in the products- completed operations hazard, and only if a. the written contract requires the Named Insured to provide the additional insured such coverage; and b. this coverage part provides such coverage. B. bodily injury, property damage, or personal and advertising injury arising out of your work described in such written contract, but only if: 1. this coverage part provides coverage for bodily injury or property damage included within the products completed operations hazard; and 2. the written contract specifically requires the Named Insured to provide additional insured coverage under the 11-85 or 10-01 edition of CG2010 or the 10-01 edition of CG2037. II. Subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with: A. coverage broader than required by the written contract; or B. a higher limit of insurance than required by the written contract. Ill. The insurance granted by this endorsement to the additional insured does not apply to bodily injury, property damage, or personal and advertising injury arising out of: A. the rendering of, or the failure to render, any professional architectural, engineering, or surveying services, including: 1. the preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and 2. supervisory, inspection, architectural or engineering activities; or B. any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this coverage part. IV. Notwithstanding anything to the contrary in the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS, the Condition entitled Other Insurance, this insurance is excess of all other insurance available to the additional insured whether on a primary, excess, contingent or any other basis. However, if this insurance is required by written CNA75079XX (1-15) Policy No: 4013130714 Page 1 of 2 Endorsement No: s The Continental Insurance Co. Effective Date: 01/02/2018 Insured Name: EXTENET SYSTEMS, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Blanket Additional Insured - Owners, Lessees or Contractors - with Products-Completed Operations Coverage Endorsement contract to be primary and non-contributory, this insurance will be primary and non-contributory relative solely to insurance on which the additional insured is a named insured. V. Solely with respect to the insurance granted by this endorsement, the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: The Condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended with the addition of the following: Any additional insured pursuant to this endorsement will as soon as practicable: 1. give the Insurer written notice of any claim, or any occurrence or offense which may result in a claim; 2. except as provided in Paragraph IV. of this endorsement, agree to make available any other insurance the additional insured has for any loss covered under this coverage part; 3. send the Insurer copies of all legal papers received, and otherwise cooperate with the Insurer in the investigation, defense, or settlement of the claim; and 4. tender the defense and indemnity of any claim to any other insurer or self insurer whose policy or program applies to a loss that the Insurer covers under this coverage part. However, if the written contract requires this insurance to be primary and non-contributory, this paragraph (4) does not apply to insurance on which the additional insured is a named insured. The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer receives written notice of a claim from the additional insured. VI. Solely with respect to the insurance granted by this endorsement, the section entitled DEFINITIONS is amended to add the following definition: Written contract means a written contract or written agreement that requires the Named Insured to make a person or organization an additional insured on this coverage part, provided the contract or agreement: A. is currently in effect or becomes effective during the term of this policy; and B. was executed prior to: 1. the bodily injury or property damage; or 2. the offense that caused the personal and advertising injury for which the additional insured seeks coverage. Any coverage granted by this endorsement shall apply solely to the extent permissible by law. All other terms and conditions of the Policy remain unchanged. 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. CNA75079XX (1-15) Policy No° 4013130714 Page 2 of 2 Endorsement No: 8 The Continental Insurance Co. Effective Date: 01/02/2018 Insured Name: EXTENET SYSTEMS, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement It is understood and agreed that this endorsement amends the COMMERCIAL GENERAL LIABILITY COVERAGE PART as follows. If 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. Broadened Liability Coverage For Damage To Your Product And Your Work 7. Contractual Liability - Railroads 8. Electronic Data Liability 9. Estates, Legal Representatives and Spouses 10. Expected Or Intended Injury—Exception for Reasonable Force 11. General Aggregate Limits of Insurance—Per Project 12. In Rem Actions 13. Incidental Health Care Malpractice Coverage 14. Joint Ventures/Partnership/Limited Liability Companies 15. Legal Liability -- Damage To Premises 1 Alienated Premises 1 Property In The Named Insured's Care, Custody or Control 16. Liquor Liability 17. Medical Payments 18. Non-owned Aircraft Coverage 7, 19. Non-owned Watercraft 20. Personal And Advertising Injury—Discrimination or Humiliation 21. Personal And Advertising Injury -Contractual Liability 22. Property Damage- Elevators 23. Supplementary Payments 24. Unintentional Failure To Disclose Hazards 25. Waiver of Subrogation—Blanket 26. Wrap-Up Extension: OCIP CCIP, or Consolidated (Wrap-Up) Insurance Programs CNA74705XX (1-15) Policy No: 4013130714 Page 1 of 17 Endorsement No: 5 The Continental Insurance Co. Effective Date: 01/02/2018 Insured Name: EXTENET SYSTEMS, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Contractors' 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 H. 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 H. 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 organization's liability for bodily injury, property damage or personal and advertising injury arising out of: 1. such person or organization'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-owner's liability for bodily injury, property damage or personal and advertising injury as co-owner of such premises. C. 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 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. D. 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 CNA74705XX (1-15) Policy No: 4013130714 Page 2 of 17 Endorsement No: 5 The Continental Insurance Co. Effective Date: 01/02/2018 Insured Name: EXTENET SYSTEMS, INC. Copyright CNA All Rights Reserved. Includes copyrighted material or Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement 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. E. 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. F. 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. G. 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, hoistaway 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. H. 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: CNA74705XX(1-15) Policy No: 4013130714 Page 3 of 17 Endorsement No: 5 The Continental Insurance Co. Effective Date: 01/02/2018 Insured Name: EXTErTET SYSTEMS, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office.Inc..with its permission, CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement a. the Named Insured's acts or omissions; or b. 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. 2. ADDITIONAL INSURED-PRIMARY AND NON-CONTRIBUTORY TO ADDITIONAL INSURED'S INSURANCE 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. 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: 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 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 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 CNA74705XX (1-15) Policy No: 4013130714 Page 4 of 17 Endorsement No: 5 The Continental Insurance Co. Effective Date: 01/02/2018 Insured Name: EXTENET SYSTEMS, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement b. 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) arty partnership, limited liability company 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, management control means: A. owning interests representing more than 50% of the voting, appointment or designation power for the selection of a majority of the Board of Directors of a corporation; 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: 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. 5. 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. BROADENED LIABILITY COVERAGE FOR DAMAGE TO YOUR PRODUCT AND YOUR WORK A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete exclusions k. and I.and replace them with the following: This insurance does not apply to: m k. Damage to Your Product Property damage to your product arising out of it, or any part of it except when caused by or resulting from: (1) fire; (2) smoke; (3) collapse; or (4) explosion. 1. Damage to Your Work Property damage to your work arising out of it, or any part of it and included in the products-completed operations hazard. = This exclusion does not apply: (1) If the damaged work, or the work out of which the damage arises, was performed on the Named Insured's behalf by a subcontractor; or CNA74705XX (1-15) Policy No: 4013130714 Page 5 of 17 Endorsement No: 5 The Continental Insurance Co. Effective Date: 01/02/2018 Insured Name: EXTENET SYSTEMS, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement (2) If the cause of loss to the damaged work arises as a result of: (a) fire; (b) smoke; (c) collapse; or (d) explosion. B. The following paragraph is added to LIMITS OF INSURANCE: Subject to 5. above, $100,000 is the most the Insurer will pay under Coverage A for the sum of damages arising out of any one occurrence because of property damage to your product and your work that is caused by fire, smoke, collapse or explosion and is included within the product-completed operations hazard. This sublimit does not apply to property damage to your work if the damaged work, or the work out of which the damage arises, was performed on the Named Insured's behalf by a subcontractor. C. This Broadened Liability Coverage For Damage To Your Product And Your Work Provision does not apply if an endorsement of the same name is attached to this policy. 7. CONTRACTUAL LIABILITY—RAILROADS With respect to operations performed within 50 feet of railroad property, the definition of insured contract is replaced by the following: Insured Contract means: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to a Named Insured or temporarily occupied by a Named Insured with permission of the owner is not an insured contract; b. A sidetrack agreement; c. Any easement or license agreement; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; f. That part of any other contract or agreement pertaining to the Named Insured's business (including an indemnification of a municipality in connection with work performed for a municipality) under which the Named Insured assumes the tort liability of another party to pay for bodily injury or property damage to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f.does not include that part of any contract or agreement: (1) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; (2) Under which the Insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in (1) above and supervisory, inspection, architectural or engineering activities. 8. ELECTRONIC DATA LIABILITY CNA74705XX (1-15) Policy No: 4013130714 Page 6 of 17 Endorsement No: 5 The Continental. Insurance Co. Effective Date: 01/02/2018 Insured Name: EXTENET SYSTEMS, INC. Copyright CNA A3[Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete exclusion p, Electronic Data and replace it with the following: This insurance does not apply to: p. Access Or Disclosure Of Confidential Or Personal Information And Data-related Liability Damages arising out of: (1) any access to or disclosure of any person's or organization's confidential or personal information, including patents, trade secrets, processing methods, customer lists, financial information, credit card information, health information or any other type of nonpublic information; or (2) the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate electronic data that does not result from physical injury to tangible property. However, unless Paragraph (1) above applies, this exclusion does not apply to damages because of bodily injury. This exclusion applies even if damages are claimed for notification costs, credit monitoring expenses, forensic expenses, public relation expenses or any other loss, cost or expense incurred by the Named Insured or others arising out of that which is described in Paragraph (1) or(2) above. B. The following paragraph is added to LIMITS OF INSURANCE: Subject to 5. above, $100,000 is the most the Insurer will pay under Coverage A for all damages arising out of any one occurrence because of property damage that results from physical injury to tangible property and arises out of electronic data. C. The following definition is added to DEFINITIONS: Electronic data means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software (including systems and applications software), hard or floppy disks, CD-ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. D. For the purpose of the coverage provided by this ELECTRONIC DATA LIABILITY Provision, the definition of property damage in DEFINITIONS is replaced by the following: Property damage means: a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the occurrence that caused it; or c. Loss of, loss of use of, damage to, corruption of, inability to access, or inability to properly manipulate electronic data, resulting from physical injury to tangible property. All such loss of electronic data shall be deemed to occur at the time of the occurrence that caused it. For the purposes of this insurance, electronic data is not tangible property. E. If Electronic Data Liability is provided at a higher limit by another endorsement attached to this policy, then the $100,000 limit provided by this ELECTRONIC DATA LIABILITY Provision is part of, and not in addition to, that higher limit. 9. 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 CNA74705XX (1-15) Policy No: 4013130714 Page 7 of 17 Endorsement No: 5 The Continental Insurance Co. Effective Date: 01/02/2018 Insured Name: EXTENET SYSTEMS, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement 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. 10. 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. 11. GENERAL AGGREGATE LIMITS OF INSURANCE -PER PROJECT A. For each construction project away from premises the Named Insured owns or rents, a separate Construction Project General Aggregate Limit, equal to the amount of the General Aggregate Limit shown in the Declarations, is the most the Insurer will pay for the sum of: 1. All damages under Coverage A, except damages because of bodily injury or property damage included in the products-completed operations hazard; and 2. All medical expenses under Coverage C, that arise from occurrences or accidents which can be attributed solely to ongoing operations at that construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations, nor the Construction Project General Aggregate Limit of any other construction project. B. All: 1. Damages under Coverage B, regardless of the number of locations or construction projects involved; 2. Damages under Coverage A, caused by occurrences which cannot be attributed solely to ongoing operations at a single construction project, except damages because of bodily injury or property damage included in the products-completed operations hazard; and 3. Medical expenses under Coverage C caused by accidents which cannot be attributed solely to ongoing operations at a single construction project, will reduce the General Aggregate Limit shown in the Declarations. C. The limits shown in the Declarations for Each Occurrence, for Damage To Premises Rented To You and for Medical Expense continue to apply, but will be subject to either the Construction Project General Aggregate Limit or the General Aggregate Limit shown in the Declarations, depending on whether the occurrence can be attributed solely to ongoing operations at a particular construction project. D. When coverage for liability arising out of the products-completed operations hazard is provided, any payments for damages because of bodily injury or property damage included in the products-completed operations hazard will reduce the Products-Completed Operations Aggregate Limit shown in the Declarations, regardless of the number of projects involved. CNA74705XX (1-15) Policy No: 4013130714 Page 8 of 17 Endorsement No: s The Continental Insurance Co. Effective Date: 01/02/2018 Insured Name: EXTENET SYSTEMS, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Contractors" General Liability Extension Endorsement E. If a single construction project away from premises owned by or rented to the Insured has been abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. F. The provisions of LIMITS OF INSURANCE not otherwise modified by this endorsement shall continue to apply as stipulated. 12. 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. 13. 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 paragraph entitled 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 B. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to: 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: ,77 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. iii. add the following additional exclusions: This insurance does not apply to: Discrimination any actual or alleged discrimination, humiliation or harassment, including but not 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 = CNA7.4705XX (1-15) Policy No: 4013130714 Page 9 of 17 Endorsement No: 5 The Continental Insurance Co. Effective Date: 01/02/2018 Insured Name: EXTENET SYSTEMS, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement any actual or alleged violation of law with respect to Medicare, Medicaid, Tricare 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: i. 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; f. Dentist; g. Physical therapist; h. Psychologist; i. Speech therapist; j. Other allied health professional; or Professional health care services does not include any services rendered in connection with human clinical 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 CNA74705XX (1-15) Policy No: 4013130714 Page 10 of 17 Endorsement No: 5 The Continental Insurance Co. Effective Date: 01/02/2018 Insured Name: EXTENET SYSTEMS, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement (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 co-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. b. delete Subparagraphs (a), (b), (c) and (d)of Paragraph 2.a.(1)of WHO IS AN INSURED. D. The Other Insurance condition is amended to delete Paragraph b.(1) in its entirety and replace it with the following: Other Insurance b. 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. 14. JOINT VENTURES 1 PARTNERSHIP 1 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, joint venture or limited liability company that is not shown as a Named Insured in the Declarations, except that if the Named Insured was a joint venturer, partner, or member of a limited liability company and such joint venture, partnership or limited liability company terminated prior to or during the policy period, such Named Insured is an Insured with respect to its interest in such joint venture, partnership or limited 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; b. the bodily injury or property damage first occurred after such termination date; and 4 c. there is no other valid and collectible insurance purchased specifically to insure the partnership, joint venture or 0 limited liability company; and If the joint venture, partnership or limited liability company is or was insured under a consolidated (wrap-up) insurance program, then such insurance will always be considered valid and collectible for the purpose of paragraph c. above. But this provision will not serve to exclude bodily injury, property damage or personal and advertising injury that would otherwise be covered under the Contractors General Liability Extension Endorsement provision entitled WRAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS. Please see that provision for the definition of consolidated (wrap-up) insurance program. 15. LEGAL LIABILITY -- DAMAGE TO PREMISES / ALIENATED PREMISES / PROPERTY IN THE NAMED aaa INSURED'S CARE,CUSTODY OR CONTROL A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete exclusion j. Damage to Property in its entirety and replace it with the following: This insurance does not apply to: CNA74705XX (1-15) Policy No: 4013130714 Page 11 of 17 Endorsement No: 5 The Continental Insurance Co. Effective Date: 01/02/2018 Insured Name: EXTENET SYSTEMS! INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement j. Damage to Property Property damage to: (1) Property the Named Insured owns, rents, or occupies, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; (2) Premises the Named Insured sells, gives away or abandons, if the property damage arises out of any part of those premises; (3) Property loaned to the Named Insured; (4) Personal property in the care, custody or control of the Insured; (5) That particular part of real property on which the Named Insured or any contractors or subcontractors working directly or indirectly on the Named Insured's behalf are performing operations, if the property damage arises out of those operations; or (6) That particular part of any property that must be restored, repaired or replaced because your work was incorrectly performed on it. Paragraphs (1), (3) and (4)of this exclusion do not apply to property damage (other than damage by fire) 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. Paragraph (2) of this exclusion does not apply if the premises are your work. Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph (6) of this exclusion does not apply to property damage included in the products-completed operations hazard. Paragraphs (3)and (4)of this exclusion do not apply to property damage to: i. tools, or equipment the Named Insured borrows from others, nor ii. other personal property of others in the Named Insured's care, custody or control while being used in the Named Insured's operations away from any Named Insured's premises. However, the coverage granted by this exception to Paragraphs (3) and (4) does not apply to: a. property at a job site awaiting or during such property's installation, fabrication, or erection; b. property that is mobile equipment leased by an Insured; G. property that is an auto, aircraft or watercraft; d. property in transit; or e. any portion of property damage for which the Insured has available other valid and collectible insurance, or would have such insurance but for exhaustion of its limits, or but for application of one of its exclusions. A separate limit of insurance and deductible apply to such property of others. See LIMITS OF INSURANCE as amended below. CNA74705XX (1-15) Policy No: 4013130714 Page 12 of 17 Endorsement No: 5 The Continental Insurance Co. Effective Date: olio 2/2018 Insured Name: EXTENET SYSTEMS, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement 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 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 LIMITS OF INSURANCE. C. The following paragraph is added to LIMITS OF INSURANCE: Subject to 5. above, $25,000 is the most the Insurer will pay under Coverage A for damages arising out of any one occurrence because of the sum of all property damage to borrowed tools or equipment, and to other personal property of others in the Named Insured's care, custody or control, while being used in the Named Insured's operations away from any Named Insured's premises. The Insurer's obligation to pay such property damage does not apply until the amount of such property damage exceeds $1,000. The Insurer has the right but not the duty to pay any portion of this $1,000 in order to effect settlement. If the Insurer exercises that right, the Named Insured will promptly reimburse the Insurer for any such amount. D. Paragraph 6., Damage To Premises Rented To You Limit, of LIMITS OF INSURANCE is deleted and replaced by the following: 6. Subject to Paragraph 5. 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 any one premises while rented to the Named Insured or temporarily occupied by the Named Insured with the permission of the owner, including contents of such premises rented to the Named Insured for a period of 7 or fewer consecutive days. The Damage To Premises Rented To You Limit is the greater of: a. $500,000; or b. The Damage To Premises Rented To You Limit shown in the Declarations. E. Paragraph 4.b.(1)(a)(ii)of the Other Insurance Condition is deleted and replaced by the following: (ii) That is property insurance for premises rented to the 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; dt 16. LIQUOR LIABILITY Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Liquor Liability. This LIQUOR LIABILITY provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. 17. 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 5. 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: $N,NNN,NNN,NNN; or (2) the amount shown in the Declarations for Medical Expense Limit. CNA74705XX(1-15) Policy No: 4013130714 Page 13 of 17 Endorsement No: 5 The Continental Insurance Co. Effective Date: 01/02/2018 Insured Name: EXTENET SYSTEMS, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement 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 18. 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. 19. 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. 20. 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: CNA747O5XX (1-15) Policy No: 4013130714 Page 14 of 17 Endorsement No: 5 The Continental Insurance Co. Effective Date: 01/02/2018 Insured Name: EXTENET SYSTEMS, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission, CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement This insurance does not apply to: Employment Related Discrimination Discrimination or humiliation 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. This PERSONAL AND ADVERTISING INJURY —DISCRIMINATION OR HUMILIATION Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. 21. PERSONAL AND ADVERTISING INJURY -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. B. Solely for the purpose of the coverage provided by this PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY provision, 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 first 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 indemnitee at the Insurer's request will be paid as defense costs. Such payments will not be deemed to be damages for personal and advertising injury and will not reduce the limits of insurance. C. This PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY Provision does not apply if Coverage B —Personal and Advertising Injury Liability is excluded by another endorsement attached to this Coverage Part. This PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. 22. 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 (6) of = the Damage to Property Exclusion do not apply to property damage that results from the use of elevators. CNA74705XX (1-15) Policy No: 4013130714 Page 15 of 17 Endorsement No: 5 The Cont:.inent<al. Insurance Co. Effective Date: 01/02/2018 Insured Name: EXTENET SYSTEMS, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement B. 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: 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. 23. 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. 24. 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. 25. WAIVER OF SUBROGATION -BLANKET Under CONDITIONS, the condition entitled Transfer Of Rights Of Recovery Against Others To Us is amended to add the following: 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. 26. WRAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS Note: The following provision does not apply to any public construction project in the state of Oklahoma, nor to any construction project in the state of Alaska, that is not permitted to be insured under a consolidated (wrap-up) insurance program by applicable state statute or regulation. If the endorsement EXCLUSION — CONSTRUCTION WRAP-UP is attached to this policy, or another exclusionary endorsement pertaining to Owner Controlled Insurance Programs (O.C.I.P.) or Contractor Controlled Insurance Programs (C.C.I.P.) is attached, then the following changes apply: A. The following wording is added to the above-referenced endorsement: With respect to a consolidated (wrap-up) insurance program project in which the Named Insured is or was involved, this exclusion does not apply to those sums the Named Insured become legally obligated to pay as damages because of: 1. Bodily injury, property damage, or personal or advertising injury that occurs during the Named Insured's ongoing operations at the project, or during such operations of anyone acting on the Named Insured's behalf; nor CNA74705XX(1-15) Policy No: 4013130714 Page 16 of 17 Endorsement No: 5 The Continental Insurance Co. Effective Date: 01/02/2016 Insured Name: EXTENET SYSTEMS, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement 2. Bodily injury or property damage included within the products-completed operations hazard that arises out of those portions of the project that are not residential structures. B. Condition 4. Other Insurance is amended to add the following subparagraph 4.b.(1)(c): This insurance is excess over: (c) Any of the other insurance whether primary, excess, contingent or any other basis that is insurance available to the Named Insured as a result of the Named Insured being a participant in a consolidated (wrap-up) insurance program, but only as respects the Named Insured's involvement in that consolidated (wrap-up) insurance program. C. DEFINITIONS is amended to add the following definitions: Consolidated (wrap-up) insurance program means a construction, erection or demolition project for which the prime contractor/project manager or owner of the construction project has secured general liability insurance covering some or all of the contractors or subcontractors involved in the project, such as an Owner Controlled Insurance Program (O.C.I.P.) or Contractor Controlled Insurance Program (C.C.I.P.). Residential structure means any structure where 30% or more of the square foot area is used or is intended to be used for human residency, including but not limited to: 1. single or multifamily housing, apartments, condominiums, townhouses, co-operatives or planned unit developments; and 2. the common areas and structures appurtenant to the structures in paragraph 1. (including pools, hot tubs, detached garages, guest houses or any similar structures). However, when there is no individual ownership of units, residential structure does not include military housing, college/university housing or dormitories, long term care facilities, hotels or motels. Residential structure also does not include hospitals or prisons. This WRAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. All other terms and conditions of the Policy remain unchanged. 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. CNA74705XX(1-15) Policy No: 4013130714 Page 17 of 17 Endorsement No: 5 The Continental Insurance Co. Effective Date: 01/02/2018 Insured Name: EXTENET SYSTEMS, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Primary and Noncontributory - Other Insurance Condition Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART It is understood and agreed that the condition entitled Other Insurance is amended to add the following: Primary And Noncontributory Insurance Notwithstanding anything to the contrary, this insurance is primary to and will not seek contribution from any other insurance available to an additional insured under this policy provided that: a. the additional insured is a named insured under such other insurance; and b. the Named Insured has agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. All other terms and conditions of the Policy remain unchanged. 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. tl ti tl CNA74987XX(1-15) Policy No: 4013130714 Page 1 of 1 Endorsement No: 12 The Continental Insurance Co. Effective Date: 01/02/2018 Insured Name: EXTENET SYSTEMS, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office.Inc.,with its permission. General Liability Policy-30 Days HOC CNA CNA PARAMOUNT Policy Holder Notice - Countrywide It is understood and agreed that: If the Named Ensured has agreed under written contract to provide notice of cancellation to a party to whom the Agent of Record has issued a Certificate of Insurance, and if the Insurer cancels a policy term described on that Certificate of Insurance for any reason other than nonpayment of premium, then notice of cancellation will be provided to such Certificate holders at least 30 days in advance of the date cancellation is effective. If notice is mailed, then proof of mailing to the last known mailing address of the Certificate holder on file with the Agent of Record will be sufficient to prove notice. Any failure by the Insurer to notify such persons or organizations will not extend or invalidate such cancellation, or impose any liability or obligation upon the Insurer or the Agent of Record. All other terms and conditions of the Policy remain unchanged. 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. yM a a4 CNA75014XX (1-15) Policy No: 4013130714 Page 1 of 1 Endorsement No: 1 The Continental Insurance Co. Effective Date: 01/02/2018 Insured Name: EXTENET SYSTEMS, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission, POLICY NUMBER: 4013130681 COMMERCIAL AUTO CA 20 48 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE • 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 this endorsement. This endorsement identifies person(s) or organization(s)who are"insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: EXTENET SYSTEMS, INC, Endorsement Effective Date: 01/02/2018 SCHEDULE Name Of Person(s) Or Organization(s): SEE ENDORSMENT Information required to complete this Schedule, if not shown above, will be shown in the Declarations. EEE Each person or organization shown in the Schedule is an Autos Liability Coverage in the Business Auto and Motor _ "insured" for Covered Autos Liability Coverage, but only Carrier Coverage Forms and Paragraph D.2. of Section to the extent that person or organization qualifies as an — Covered Autos Coverages of the Auto Dealers "insured" under the Who Is An Insured provision Coverage Form. contained in Paragraph A.1. of Section II — Covered CA 20 48 10 13 Copyright, Insurance Services Office, Inc., 2011 Page 1 of 1 POLICY NUMBER INSURED NAME AND ADDRESS P 4013130681 EXTENET SYSTEMS, INC. 3030 WARRENVILLE RD STOP 340 LISLE, IL 60532--3633 POLICY CHANGES CA2048 DESIGNATED INSURED BLANKET This Change Endorsement changes the Policy. Please read it carefully. This Change Endorsement is a part of your Policy and takes effect on the effective date of your Policy, unless another effective date is shown. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED BLANKET ANY PERSON OR ORGANIZATION THAT THE NAMED INSURED IS OBLIGATED TO PROVIDE INSURANCE WHERE REQUIRED BY A WRITTEN CONTRACT OR AGREEMENT IS AN INSURED, BUT ONLY WITH RESPECT TO LEGAL RESPONSIBILITY FOR ACTS OR OMISSIONS OF A PERSON OR ORGANIZATION FOR WHOM LIABILITY COVERAGE IS AFFORDED UNDER THIS POLICY. Chairman of the Board X'* Secretary G-56015-B (ED. 11/91) ExteNet Systems, Inc-Commercial Auto Policy Number 4013130681, effective 01/02/2018 to 01/02/2019 Primary coverage wording 4. Loss Payment–Physical Damage Coverages 5. Other Insurance At our option, we may: a. For any covered "auto" you own, this a. Pay for, repair or replace damaged or stolen Coverage Form provides primary insurance. property; For any covered "auto" you don't own, the insurance provided by this Coverage Form is b. Return the stolen property, at our expense. excess over any other collectible insurance. We will pay for any damage that results to the However, while a covered "auto" which is a "auto"from the theft; or "trailer" is connected to another vehicle, the c. Take all or any part of the damaged or stolen Covered Autos Liability Coverage this property at an agreed or appraised value. Coverage Form provides for the "trailer" is: If we pay for the "loss", our payment will include (1) Excess while it is connected to a motor the applicable sales tax for the damaged or stolen vehicle you do not own; or property. (2) Primary while it is connected to a covered 5. Transfer Of Rights Of Recovery Against "auto"you own. Others To Us b. For Hired Auto Physical Damage Coverage, If any person or organization to or for whom we any covered "auto" you lease, hire, rent or make payment under this Coverage Form has borrow is deemed to be a covered "auto" you rights to recover damages from another, those own. However, any "auto" that is leased, rights are transferred to us. That person or hired, rented or borrowed with a driver is not a organization must do everything necessary to covered "auto." secure our rights and must do nothing after c. Regardless of the provisions of Paragraph a. "accident" or"loss"to impair them. above, this Coverage Form's Covered Autos B. General Conditions Liability Coverage is primary for any liability 1. Bankruptcy assumed under an "insured contract." Bankruptcy or insolvency of the "insured" or the d. When this Coverage Form and any other "insured's" estate will not relieve us of any Coverage Form or policy covers on the same obligations under this Coverage Form. basis, either excess or primary, we will pay only our share. Our share is the proportion 2. Concealment, Misrepresentation Or Fraud that the Limit of Insurance of our Coverage This Coverage Form is void in any case of fraud Form bears to the total of the limits of all the by you at any time as it relates to this Coverage Coverage Forms and policies covering on the Form. It is also void if you or any other "insured", same basis. at any time, intentionally conceals or 6. Premium Audit misrepresents a material fact concerning: a. The estimated premium for this Coverage s a. This Coverage Form; Form is based on the exposures you told us 4 b. The covered "auto"; you would have when this policy began. We Fwill compute the final premium due when we c. Your interest in the covered "auto"; or determine your actual exposures. The d. A claim under this Coverage Form. estimated total premium will be credited 3. Liberalization against the final premium due and the first Named Insured will be billed for the balance, if If we revise this Coverage Form to provide more any. The due date for the final premium or coverage without additional premium charge, retrospective premium is the date shown as your policy will automatically provide the the due date on the bill. If the estimated total — additional coverage as of the day the revision is premium exceeds the final premium due, the effective in your state. first Named Insured will get a refund. 4. No Benefit To Bailee– Physical Damage b. If this policy is issued for more than one year, Coverages the premium for this Coverage Form will be We will not recognize any assignment or grant computed annually based on our rates or any coverage for the benefit of any person or premiums in effect at the beginning of each organization holding, storing or transporting year of the policy, property for a fee regardless of any other provision of this Coverage Form. CA 00 01 10 13 Copyright, Insurance Services Office, Inc., 2011 Page 9 of 12 POLICY NUMBER: 4013130681 COMMERCIAL AUTO CA 04 44 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: EXTENET SYSTEMS, INC. Endorsement Effective Date: 01/02/2018 SCHEDULE Name(s) Of Person(s) Or Organization(s): ANY PERSON OR ORGANIZATION FOR WHOM OR WHICH YOU ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT TO OBTAIN THIS WAIVER FROM US. YOU MUST AGREE TO THAT REQUIREMENT PRIOR TO LOSS. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. a zg The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or organization. CA 04 44 10 13 Copyright, Insurance Services Office, Inc., 2011 Page 1 of 1 ExteNet Systems, Inc. Commercial Auto Policy Number 4013130681, effective 01/02/2018 to 01/02/2019 CNA cN2/� ) (Ed. NOTICE OF CANCELLATION TO CERTIFICATEHOLDERS It is understood and agreed that: If you have agreed under written contract to provide notice of cancellation to a party to whom the Agent of Record has issued a Certificate of Insurance, and if we cancel a policy term described on that Certificate of Insurance for any reason other than nonpayment of premium, then notice of cancellation will be provided to such Certificateholders at least 30 days in advance of the date cancellation is effective. If notice is mailed, then proof of mailing to the last known mailing address of the Certificateholder on file with the Agent of Record will be sufficient to prove notice. Any failure by us to notify such persons or organizations will not extend or invalidate such cancellation, or impose any liability or obligation upon us or the Agent of Record. W O 4 Ir CNA68021XX (Ed, 02/13) Page 1 of 1 Copyright,CNA All Rights Reserved. CA Workers' Comp Policy CNA Workers Compensation And Employers Liability Insurance F'u('cy Endorsement 1 P1-6,1-M 7r 1ri�lgl-kip ?[ i11.°Ii ITi+C1r 5'C)1 uM MOO.C: This endorsement changes the policy to which it is attached. It is agreed that Part One - Workers' Compensation Insurance G. Recovery From Others and Part Two - Employers' Liability Insurance H. Recovery From Others are amended by adding the following: We will not enforce our right to recover against persons or organizations. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) PREMIUM CHARGE - Refer to the Schedule of Operations The charge will be an amount to which you and we agree that is a percentage of the total standard premium for California exposure. The amount is 2%. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective Date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown below. ExteNet Systems, Inc. Form No: G-1916043111-1997) Policy No:WC 6 56871849 Endorsement Effective Date: Endorsement Expiration Date: Policy Effective Date: 01/02/2018 Endorsement No: 2; Page: 1 of 1 Policy Page: 32 of 46 Underwriting Company: American Casualty Company of Reading, Pennsylvania, 333 S Wabash Ave, Chicago, IL 60604 41 Copyright CNA All Rights Reserved. Texas WOS endorsement-All Other States policy CNA Workers Compensation And Employers Liability Insurance 'criir_.y rn,dlorsernent TENA WAIMEE{Ci F`OUHR,RIGHT TO'R (?VE- i FROM OTHERS END ORSEM NT" This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. 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, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. Specific Waiver Name of person or organization X Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: All Texas Operations 3. Premium: The premium charge for this endorsement shall be 2% percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Advance Premium: Refer to Schedule of Operations All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective Date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown below. ExteNet Systems, Inc. Form No: WC 42 03 0413106-2014) Policy No:WC 6 56871821 Endorsement Effective Date: Endorsement Expiration Date: Policy Effective Date: 01/02/2018 Endorsement No: 59; Page: 1 of 1 Policy Page: 259 of 272 Underwriting Company: American Casualty Company of Reading, Pennsylvania, 333 S Wabash Ave, Chicago, IL 60604 Copyright 2014 National Council on Compensation Insurance, Inc. All Rights Reserved. All Other States endorsement-All Other States policy CNA Workers Compensation And Employers Liability Insurance Po ; y ndorsernent IL VA.(AFOI=V @17,CCLI'1 [[W it 1-0J r2� G L; L � �?I t? 1 ,g ° gJ-rin'ir 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 shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Any Person or Organization on whose behalf you are required to obtain this waiver of our right to recover from under a written contract or agreement. The premium charge for the endorsement is reflected in the Schedule of Operations. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective Date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown below. ExteNet Systems, Inc. Form No: WC 00 03 13104-19E141 Policy No:WC 6 56871821 Endorsement Effective Date: Endorsement Expiration Date: Policy Effective Date: 01/02/2018 Endorsement No: 4; Page: 1 of 1 Policy Page: 1 88 of 272 Underwriting Company: American Casualty Company of Reading, Pennsylvania, 333 S Wabash Ave, Chicago, IL 60604 Copyright 1983 National Council on Compensation Insurance. All Other States Workers' Comp policy NOC endt CNA Workers Compensation And Employers Liability Insurance Policy Endorsement [NOTICE OF CANCELLATION TO CERTIFICATEHOLDERS It is understood and agreed that: If you have agreed under written contract to provide notice of cancellation to a party to whom the Agent of Record has issued a Certificate of Insurance, and if we cancel a policy term described on that Certificate of Insurance for any reason other than nonpayment of premium, then notice of cancellation will be provided to such Certificateholders at least 30 days in advance of the date cancellation is effective. If notice is mailed, then proof of mailing to the last known mailing address of the Certificateholder on file with the Agent of Record will be sufficient to prove notice. Any failure by us to notify such persons or organizations will not extend or invalidate such cancellation, or impose any liability or obligation upon us or the Agent of Record. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective Date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date} is shown below, and expires concurrently with said policy unless another expiration date is shown below. ExteNet Systems, Inc. Form No: CC68021 A 102-2013) Policy No:WC 6 56871821 Endorsement Effective Date: Endorsement Expiration Date: Policy Effective Date:01102/2018 Endorsement No: 1; Page: 1 of 1 Policy Page: 119 of 201 Underwriting Company: American Casualty Company of Reading, Pennsylvania, 333 S Wabash Ave, Chicago, IL 60604 ®CNA All Rights Reserved. CA Workers' Comp policy NOC endt CNA Workers Compensation And Employers Liability Insurance Policy Endorsement r]l LC.11 @ j.vl`�-'i1�Xr. i_ TCii\! `i'C;(�;�`L1111:174 -111111111111111111=1W L l fi It is understood and agreed that: If you have agreed under written contract to provide notice of cancellation to a party to whom the Agent of Record has issued a Certificate of Insurance, and if we cancel a policy term described on that Certificate of Insurance for any reason other than nonpayment of premium, then notice of cancellation will be provided to such Certificateholders at least 30 days in advance of the date cancellation is effective. If notice is mailed, then proof of mailing to the last known mailing address of the Certificateholder on file with the Agent of Record will be sufficient to prove notice. Any failure by us to notify such persons or organizations will not extend or invalidate such cancellation, or impose any liability or obligation upon us or the Agent of Record. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective Date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown below. ExteNet Systems, Inc. Form No: CC68021 A 102-2013) Policy No:WC 6 56871849 Endorsement Effective Date: Endorsement Expiration Date: Policy Effective Date:01/0212018 Endorsement No: 1; Page: 1 of 1 Policy Page:30 of 46 Underwriting Company: American Casualty Company of Reading, Pennsylvania, 333 S Wabash Ave, Chicago, IL 60604 ©CNA All Rights Reserved. CNA CNA Paramount Excess and Umbrella Liability Policy Endorsement LADDUT1QN'AL.II�Sil1REi SEND€RSEMENT' This endorsement modifies insurance provided under the following: PARAMOUNT EXCESS AND UMBRELLA POLICY It is understood and agreed that: This endorsement identifies persons or organizations who are Additional Insureds under the section entitled WHO IS AN INSURED of the policy form. The persons or organizations shown in the Schedule below are Additional Insureds but only if included as insureds under the provisions of the scheduled underlying insurance shown in the Declarations of this policy and then only for the same coverage, except for limits of liability, afforded under such underlying insurance. SCHEDULE Additional Insured Blanket as required by written contract All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective Date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown below. ExteNet Sytems, Inc. Form No: CNA87134XX (10-20161 Policy No: CUE 6056871852 Endorsement Effective Date: Endorsement Expiration Date: Policy Effective Date: 01/0212018 Endorsement No: 7; Page: 1 of 1 Policy Page: 54 of 56 Underwriting Company: The Continental Insurance Company, 333 S Wabash Ave, Chicago, IL 60604 e Copyright CNA All Rights Reserved. Primary/Non Contributory wording in form on Umbrella policy CNACNA Paramount Excess and Umbrella Liability or organization which may be liable to the Insured because of injury or damage to which this insurance may also apply; and vi. will not voluntarily make a payment, except at its own cost, assume any obligation, or incur any expense, other than for first aid, without the Insurer's prior consent. 3. Cooperation With respect to both Coverage A - Excess Follow Form Liability and Coverage B — Umbrella Liability, the Named Insured will cooperate with the Insurer in addressing all claims required to be reported to the Insurer in accordance with this paragraph O. Notice of Claims/Crisis Management Event/Covered Accident, and refuse, except solely at its own cost, to voluntarily, without the Insurer's approval, make any payment, admit liability, assume any obligation or incur any expense related thereto. P. Notices Any notices required to be given by an Insured shall be submitted in writing to the Insurer at the address set forth in the Declarations of this Policy. 0. Other Insurance If the Insured is entitled to be indemnified or otherwise insured in whole or in part for any damages or defense costs by any valid and collectible other insurance for which the Insured otherwise would have been indemnified or otherwise insured in whole or in part by this Policy, the limits of insurance specified in the Declarations of this Policy shall apply in excess of, and shall not contribute to a claim, incident or such event covered by such other insurance. With respect to Coverage A — Excess Follow Form Liability only, if: a. the Named Insured has agreed in writing in a contract or agreement with a person or entity that this insurance would be primary and would not seek contribution from any other insurance available; b. Underlying Insurance includes that person or entity as an additional insured; and c. Underlying Insurance provides coverage on a primary and noncontributory basis as respects that person or entity; then this insurance is primary to and will not seek contribution from any insurance policy where that person or entity is a named insured. R. Premium All premium charges under this Policy will be computed according to the Insurer's rules and rating plans that apply at the inception of the current policy period. Premium charges may be paid to the Insurer or its authorized representative. S. In Rem Actions A quasi in rem action against any vessel owned or operated by or for a Named Insured, or chartered by or for a Named Insured, will be treated in the same manner as though the action were in personam against the Named Insured. T. Separation of Insureds Except with respect to the limits of insurance, and any rights or duties specifically assigned in this Policy to the First Named Insured, this insurance applies: 1. as if each Named Insured were the only Named Insured; and 2. separately to each Insured against whom a claim is made. U. Transfet'of Interest ExteNet Systems, Inc. Form No: CNA75504XX (03-2015) Policy No:CUE 6056871852 Policy Page: 21 of 32 Policy Effective Date:01/02/2018 Underwriting Company: The Continental Insurance Company, 333 S Wabash Ave, Chicago, IL 60604 Policy Page: 33 of 56 e Copyright CNA All Rights Reserved. Umbrella Wavier of Subrogation wording in form CNACNA Paramount Excess and Umbrella Liability Assignment of interest under this policy shall not bind the Insurer unless its consent is endorsed hereon. V. Unintentional Omission Based on Insurer's reliance on the Named Insured's representations as to existing hazards, if the Named Insured should unintentionally fail to disclose all such hazards at the effective date of this Policy, the Insurer will not deny coverage under this Policy because of such failure. W. Waiver of Rights of Recovery The Insurer waives any right of recovery it may have against any person or organization because of payments the Insurer makes under this Policy if the Named Insured has agreed in writing to waive such rights of recovery in a contract or agreement, and only if the contract or agreement: 1. is in effect or becomes effective during the policy period; and 2. was executed prior to loss. VII. DEFINITIONS For purposes of this Policy, words in bold face type, whether expressed in the singular or the plural, have the meaning set forth below. Advertisement means a notice that is broadcast or published to the general public or specific market segments about the Named Insured's goods, products or services for the purpose of attracting customers or supporters. For the purposes of this definition: A. notices that are published include material placed on the Internet or on similar electronic means of communication; and B. regarding web-sites, only that part of a web-site that is about the Named Insured's goods, products or services for the purposes of attracting customers or supporters is considered an advertisement. Aircraft means any machine or device that is capable of atmospheric flight. Arbitration proceeding means a formal alternative dispute resolution proceeding or administrative hearing to which an Insured is required to submit by statute or court rule or to which an Insured has submitted with the Insurer's consent. Asbestos means the mineral in any form whether or not the asbestos was at any time airborne as a fiber, particle or dust, contained in or formed a part of a product, structure or other real or personal property, carried on clothing, inhaled or ingested, or transmitted by any other means. Authorized Insured means any executive officer, member of the Named Insured's risk management or in-house general counsel's office, or any employee authorized by the Named Insured to give or receive notice of a claim. Auto means: A. a land motor vehicle, trailer or semitrailer designed for travel on public roads, including any attached machinery or equipment; or B. any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. However, auto does not include mobile equipment. Bodily injury means bodily 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 bodily injury, sickness or disease. Claim means a: A. suit; or ExteNet Systems, Inc. Form No: CNA75504XX 103-20151 Policy No:CUE 6056871852 Policy Page: 22 of 32 Policy Effective Date:01/02/2018 Underwriting Company: The Continental Insurance Company, 333 S Wabash Ave, Chicago, IL 60604 Policy Page: 34 of 56 Copyright CNA All Rights Reserved. Umbrella 30 Days NOG endorsement CNA CNA Paramount Excess and Umbrella Liability F' s!i ,y`1I:c E.r /Nod e nikrev not itisccNam G --COUl I?TI to E It is understood and agreed that: If the Named Insured has agreed under written contract to provide notice of cancellation to a party to whom the Agent of Record has issued a Certificate of Insurance, and if the Insurer cancels a policy term described on that Certificate of Insurance for any reason other than nonpayment of premium, then notice of cancellation will be provided to such Certificate holders at least 30 days in advance of the date cancellation is effective. If notice is mailed, then proof of mailing to the last known mailing address of the Certificate holder on file with the Agent of Record will be sufficient to prove notice. Any failure by the Insurer to notify such persons or organizations will not extend or invalidate such cancellation, or impose any liability or obligation upon the Insurer or the Agent of Record. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective Date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown below. ExteNet Systems, Inc. Form No: CNA75014XX 101-2015) Policy No:CUE 6056871852 Endorsement Effective Date: Endorsement Expiration Date: Policy Effective Date:01/02/2018 Endorsement No: 1; Page: 1 of 1 Policy Page:3 of 54 Underwriting Company: Continental Ins. Co, 333 S Wabash Ave, Chicago, IL 60604 Copyright CNA All Rights Reserved. 1S- /3 avid IO- 133 • A ATE(MM/DDNYYY) A D CERTIFICATE OF LIABILITY INSURANCE DATE 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 CA #0H64724 1-972-581-4400 CONTACT NAME: Ashley Harris IMA IWaldman PHONE FAX FAX 972-581-4490 E-MAILMA, Inc. (Dallas Division) (A/C. o.Ext): (AIC,No): E-MAashle harris@imacor com 6200 LBJ Freeway ADDRESS: y• P• Suite 200 INSURER(S)AFFORDING COVERAGE NAIC# Dallas, TX 75240 INSURER A: VALLEY FORGE INS CO 20508 INSURED INSURER B: NATIONAL FIRE INS CO OF HARTFORD 20478 ExteNet Systems, Inc.; ExteNet Systems (California), LLC; INSURER C: CONTINENTAL INS CO 35289 ExteNet Systems New York, Inc.; ExteNet Systems (Virginia) AMERICAN CAS CO OF READING PA 20427 3030 Warrenville Rd., 3rd FL INSURER D: INSURER E: UNDERWRITERS AT LLOYDS LONDON 15792 Lisle, IL 60532 INSURER F: BERKLEY ASSUR CO//INSURER G - FEDERAL INS 9462 COVERAGES CERTIFICATE NUMBER: 54831692 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES Oft 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 PETAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH PO !CIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADPL SUER POLICY EFF POLICY EXP LIMITS LTR TYPE OF INSURANCE INSD WVD, POLICY NUMBER (MM!DD/YYYY) (MM/DDM'YY) A X COMMERCIALGENERALLIABILITY 4013130714 01/02/19 01/02/20 EACH OCCURRENCE $ 1,000,000 RENTED CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) $ 1,000,000 MED EXP(Any one person) $ 15,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X JET X LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ 4013130681 01/02/19 01/02/20 COMBINED SINGLE LIMIT $ 1,000,000 B AUTOMOBILE LIABILITY (Ea accident ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIREDX NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY _ AUTOS ONLY (Per accident) $ C X UMBRELLALIAB X OCCUR 6056871852 01/02/19 01/02/20 EACH OCCURRENCE $ 25,000,000 EXCESS MB CLAIMS-MADE AGGREGATE $ 25,000,000 DED X RETENTIONS 10,000 $ D WORKERS COMPENSATION 6056871821 01/02/19 01/02/20 X STATUTE ERH AND EMPLOYERS*LIABILITY Y/N D ANYPROPRIETOR/PARTNER/EXECUTIVE [( N/A 6056871849 01/02/19 01/02/20 E.L.EACHACCIDENT $ 1,000,000 OFFICER/MEMBEREXCLUDED7 (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 E Professional/Cyber Liability MPL1869337 01/02/19 01/02/20 Limit 10,000,000 F Pollution Liability PCADB50067690119 01/02/19 01/02/20 Limit 10,000,000 Fidelity/Crime - INSURER G 82509542 01/02/19 01/02/20 Limit 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached It more space Is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Spokane Valley THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Attn: City Clerk 10210 East Sprague Avenue AUTHORIZED REPRESENTATIVE //14 Spokane Valley, WA 99206 / I USA [[[ ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD aharria 54831692 DATE SUPPLEMENT TO CERTIFICATE OF INSURANCE 12/20/2018 NAME OF INSURED: ExteNet Systems, Inc.; ExteNet Systems (California), LLC; ExteNet Systems New York, Inc.; ExteNet Systems (Virginia) Additional Description of Operations/Remarks from Page 1: Certificate Holders are included as Additional Insured on the General, Automobile and Umbrella Liability Policies if required by written contract or agreement subject to the policy terms and conditions. A Waiver of Subrogation is provided in favor of "Additional Insured" on the General, Automobile, Umbrella Liability and Workers Compensation Policies if required by written contract or agreement subject to policy terms and conditions. This Insurance is Primary and Non-Contributory on the General, Automobile and Umbrella Liability Policies subject to policy terms and conditions. Any Exclusion for Liability within 50 feet of railroad tracks has been deleted. 30 Day Notice of Cancellation with respects to the General, Automobile, Umbrella Liability and Workers Compensation Policies if requited by written contract or agreement subject to the policy terms and conditions. Additional Information: SUPP(05/04) EBUF!)NN0EE0ZZZZ* DFSUJGJDBUF!PG!MJBCJMJUZ!JOTVSBODF UIJT!DFSUJGJDBUF!JT!JTTVFE!BT!B!NBUUFS!PG!JOGPSNBUJPO!POMZ!BOE!DPOGFST!OP!SJHIUT!VQPO!UIF!DFSUJGJDBUF!IPMEFS/!UIJT DFSUJGJDBUF!EPFT!OPU!BGGJSNBUJWFMZ!PS!OFHBUJWFMZ!BNFOE-!FYUFOE!PS!BMUFS!UIF!DPWFSBHF!BGGPSEFE!CZ!UIF!QPMJDJFT CFMPX/!!UIJT!DFSUJGJDBUF!PG!JOTVSBODF!EPFT!OPU!DPOTUJUVUF!B!DPOUSBDU!CFUXFFO!UIF!JTTVJOH!JOTVSFS)T*-!BVUIPSJ\[FE SFQSFTFOUBUJWF!PS!QSPEVDFS-!BOE!UIF!DFSUJGJDBUF!IPMEFS/ JNQPSUBOU;!!Jg!uif!dfsujgjdbuf!ipmefs!jt!bo!BEEJUJPOBM!JOTVSFE-!uif!qpmjdz)jft*!nvtu!ibwf!BEEJUJPOBM!JOTVSFE!qspwjtjpot!ps!cf!foepstfe/ Jg!TVCSPHBUJPO!JT!XBJWFE-!tvckfdu!up!uif!ufsnt!boe!dpoejujpot!pg!uif!qpmjdz-!dfsubjo!qpmjdjft!nbz!sfrvjsf!bo!foepstfnfou/!!B!tubufnfou!po uijt!dfsujgjdbuf!epft!opu!dpogfs!sjhiut!up!uif!dfsujgjdbuf!ipmefs!jo!mjfv!pg!tvdi!foepstfnfou)t*/ DPOUBDU QSPEVDFS OBNF; GBY QIPOF )B0D-!Op*; )B0D-!Op-!Fyu*; F.NBJM BEESFTT; JOTVSFS)T*!BGGPSEJOH!DPWFSBHFOBJD!$ JOTVSFS!B!; JOTVSFE JOTVSFS!C!; JOTVSFS!D!; JOTVSFS!E!; JOTVSFS!F!; JOTVSFS!G!; DPWFSBHFTDFSUJGJDBUF!OVNCFS;SFWJTJPO!OVNCFS; UIJT!JT!UP!DFSUJGZ!UIBU!UIF!QPMJDJFT!PG!JOTVSBODF!MJTUFE!CFMPX!IBWF!CFFO!JTTVFE!UP!UIF!JOTVSFE!OBNFE!BCPWF!GPS!UIF!QPMJDZ!QFSJPE JOEJDBUFE/!!OPUXJUITUBOEJOH!BOZ!SFRVJSFNFOU-!UFSN!PS!DPOEJUJPO!PG!BOZ!DPOUSBDU!PS!PUIFS!EPDVNFOU!XJUI!SFTQFDU!UP!XIJDI!UIJT DFSUJGJDBUF!NBZ!CF!JTTVFE!PS!NBZ!QFSUBJO-!UIF!JOTVSBODF!BGGPSEFE!CZ!UIF!QPMJDJFT!EFTDSJCFE!IFSFJO!JT!TVCKFDU!UP!BMM!UIF!UFSNT- FYDMVTJPOT!BOE!DPOEJUJPOT!PG!TVDI!QPMJDJFT/!MJNJUT!TIPXO!NBZ!IBWF!CFFO!SFEVDFE!CZ!QBJE!DMBJNT/ BEEMTVCS QPMJDZ!FGGQPMJDZ!FYQ JOTS UZQF!PG!JOTVSBODFMJNJUT QPMJDZ!OVNCFS MUS)NN0EE0ZZZZ*)NN0EE0ZZZZ* JOTEXWE DPNNFSDJBM!HFOFSBM!MJBCJMJUZ FBDI!PDDVSSFODF% EBNBHF!UP!SFOUFE DMBJNT.NBEFPDDVS% QSFNJTFT!)Fb!pddvssfodf* NFE!FYQ!)Boz!pof!qfstpo*% QFSTPOBM!'!BEW!JOKVSZ% HFO(M!BHHSFHBUF!MJNJU!BQQMJFT!QFS;HFOFSBM!BHHSFHBUF% QSP. QPMJDZMPDQSPEVDUT!.!DPNQ0PQ!BHH% KFDU % PUIFS; DPNCJOFE!TJOHMF!MJNJU BVUPNPCJMF!MJBCJMJUZ% )Fb!bddjefou* BOZ!BVUP CPEJMZ!JOKVSZ!)Qfs!qfstpo*% PXOFETDIFEVMFE CPEJMZ!JOKVSZ!)Qfs!bddjefou*% BVUPT!POMZBVUPT OPO.PXOFE IJSFEQSPQFSUZ!EBNBHF % )Qfs!bddjefou* BVUPT!POMZBVUPT!POMZ % VNCSFMMB!MJBC FBDI!PDDVSSFODF% PDDVS FYDFTT!MJBC DMBJNT.NBEFBHHSFHBUF% % EFESFUFOUJPO% QFSPUI. XPSLFST!DPNQFOTBUJPO TUBUVUFFS BOE!FNQMPZFST(!MJBCJMJUZ Z!0!O BOZQ!SPQSJFUPS0QBSUOFS0FYFDVUJWF F/M/!FBDI!BDDJEFOU% O!0!B PGGJDFS0NFNCFS!FYDMVEFE@ )Nboebupsz!jo!OI* F/M/!EJTFBTF!.!FB!FNQMPZFF% Jg!zft-!eftdsjcf!voefs F/M/!EJTFBTF!.!QPMJDZ!MJNJU% EFTDSJQUJPO!PG!PQFSBUJPOT!cfmpx EFTDSJQUJPO!PG!PQFSBUJPOT!0!MPDBUJPOT!0!WFIJDMFT!!)BDPSE!212-!Beejujpobm!Sfnbslt!Tdifevmf-!nbz!cf!buubdife!jg!npsf!tqbdf!jt!sfrvjsfe* DFSUJGJDBUF!IPMEFSDBODFMMBUJPO TIPVME!BOZ!PG!UIF!BCPWF!EFTDSJCFE!QPMJDJFT!CF!DBODFMMFE!CFGPSF UIF!FYQJSBUJPO!EBUF!UIFSFPG-!OPUJDF!XJMM!CF!EFMJWFSFE!JO BDDPSEBODF!XJUI!UIF!QPMJDZ!QSPWJTJPOT/ BVUIPSJ\[FE!SFQSFTFOUBUJWF ª!2:99.3126!BDPSE!DPSQPSBUJPO/!!Bmm!sjhiut!sftfswfe/ BDPSE!36!)3127014*Uif!BDPSE!obnf!boe!mphp!bsf!sfhjtufsfe!nbslt!pg!BDPSE BHFODZ!DVTUPNFS!JE; MPD!$; Qbhf!!!!!!!!!!!pg BEEJUJPOBM!SFNBSLT!TDIFEVMF BHFODZOBNFE!JOTVSFE QPMJDZ!OVNCFS DBSSJFSOBJD!DPEF FGGFDUJWF!EBUF; BEEJUJPOBM!SFNBSLT UIJT!BEEJUJPOBM!SFNBSLT!GPSN!JT!B!TDIFEVMF!UP!BDPSE!GPSN- GPSN!OVNCFS;GPSN!UJUMF; BDPSE!212!)3119012*ª!3119!BDPSE!DPSQPSBUJPO/!!Bmm!sjhiut!sftfswfe/ Uif!BDPSE!obnf!boe!mphp!bsf!sfhjtufsfe!nbslt!pg!BDPSE EBUF!)NN0EE0ZZZZ* DFSUJGJDBUF!PG!MJBCJMJUZ!JOTVSBODF UIJT!DFSUJGJDBUF!JT!JTTVFE!BT!B!NBUUFS!PG!JOGPSNBUJPO!POMZ!BOE!DPOGFST!OP!SJHIUT!VQPO!UIF!DFSUJGJDBUF!IPMEFS/!UIJT DFSUJGJDBUF!EPFT!OPU!BGGJSNBUJWFMZ!PS!OFHBUJWFMZ!BNFOE-!FYUFOE!PS!BMUFS!UIF!DPWFSBHF!BGGPSEFE!CZ!UIF!QPMJDJFT CFMPX/!!UIJT!DFSUJGJDBUF!PG!JOTVSBODF!EPFT!OPU!DPOTUJUVUF!B!DPOUSBDU!CFUXFFO!UIF!JTTVJOH!JOTVSFS)T*-!BVUIPSJ\[FE SFQSFTFOUBUJWF!PS!QSPEVDFS-!BOE!UIF!DFSUJGJDBUF!IPMEFS/ JNQPSUBOU;!!Jg!uif!dfsujgjdbuf!ipmefs!jt!bo!BEEJUJPOBM!JOTVSFE-!uif!qpmjdz)jft*!nvtu!ibwf!BEEJUJPOBM!JOTVSFE!qspwjtjpot!ps!cf!foepstfe/ Jg!TVCSPHBUJPO!JT!XBJWFE-!tvckfdu!up!uif!ufsnt!boe!dpoejujpot!pg!uif!qpmjdz-!dfsubjo!qpmjdjft!nbz!sfrvjsf!bo!foepstfnfou/!!B!tubufnfou!po uijt!dfsujgjdbuf!epft!opu!dpogfs!sjhiut!up!uif!dfsujgjdbuf!ipmefs!jo!mjfv!pg!tvdi!foepstfnfou)t*/ DPOUBDU QSPEVDFS OBNF; GBY QIPOF )B0D-!Op*; )B0D-!Op-!Fyu*; F.NBJM BEESFTT; JOTVSFS)T*!BGGPSEJOH!DPWFSBHFOBJD!$ JOTVSFS!B!; JOTVSFE JOTVSFS!C!; JOTVSFS!D!; JOTVSFS!E!; JOTVSFS!F!; JOTVSFS!G!; DPWFSBHFTDFSUJGJDBUF!OVNCFS;SFWJTJPO!OVNCFS; UIJT!JT!UP!DFSUJGZ!UIBU!UIF!QPMJDJFT!PG!JOTVSBODF!MJTUFE!CFMPX!IBWF!CFFO!JTTVFE!UP!UIF!JOTVSFE!OBNFE!BCPWF!GPS!UIF!QPMJDZ!QFSJPE JOEJDBUFE/!!OPUXJUITUBOEJOH!BOZ!SFRVJSFNFOU-!UFSN!PS!DPOEJUJPO!PG!BOZ!DPOUSBDU!PS!PUIFS!EPDVNFOU!XJUI!SFTQFDU!UP!XIJDI!UIJT DFSUJGJDBUF!NBZ!CF!JTTVFE!PS!NBZ!QFSUBJO-!UIF!JOTVSBODF!BGGPSEFE!CZ!UIF!QPMJDJFT!EFTDSJCFE!IFSFJO!JT!TVCKFDU!UP!BMM!UIF!UFSNT- FYDMVTJPOT!BOE!DPOEJUJPOT!PG!TVDI!QPMJDJFT/!MJNJUT!TIPXO!NBZ!IBWF!CFFO!SFEVDFE!CZ!QBJE!DMBJNT/ BEEMTVCS QPMJDZ!FGGQPMJDZ!FYQ JOTS UZQF!PG!JOTVSBODFMJNJUT QPMJDZ!OVNCFS MUS)NN0EE0ZZZZ*)NN0EE0ZZZZ* JOTEXWE DPNNFSDJBM!HFOFSBM!MJBCJMJUZ FBDI!PDDVSSFODF% EBNBHF!UP!SFOUFE DMBJNT.NBEFPDDVS% QSFNJTFT!)Fb!pddvssfodf* NFE!FYQ!)Boz!pof!qfstpo*% QFSTPOBM!'!BEW!JOKVSZ% HFO(M!BHHSFHBUF!MJNJU!BQQMJFT!QFS;HFOFSBM!BHHSFHBUF% QSP. QPMJDZMPDQSPEVDUT!.!DPNQ0PQ!BHH% KFDU % PUIFS; DPNCJOFE!TJOHMF!MJNJU BVUPNPCJMF!MJBCJMJUZ% )Fb!bddjefou* BOZ!BVUP CPEJMZ!JOKVSZ!)Qfs!qfstpo*% PXOFETDIFEVMFE CPEJMZ!JOKVSZ!)Qfs!bddjefou*% BVUPT!POMZBVUPT OPO.PXOFE IJSFEQSPQFSUZ!EBNBHF % )Qfs!bddjefou* BVUPT!POMZBVUPT!POMZ % VNCSFMMB!MJBC FBDI!PDDVSSFODF% PDDVS FYDFTT!MJBC DMBJNT.NBEFBHHSFHBUF% % EFESFUFOUJPO% QFSPUI. XPSLFST!DPNQFOTBUJPO TUBUVUFFS BOE!FNQMPZFST(!MJBCJMJUZ Z!0!O BOZQ!SPQSJFUPS0QBSUOFS0FYFDVUJWF F/M/!FBDI!BDDJEFOU% O!0!B PGGJDFS0NFNCFS!FYDMVEFE@ )Nboebupsz!jo!OI* F/M/!EJTFBTF!.!FB!FNQMPZFF% Jg!zft-!eftdsjcf!voefs F/M/!EJTFBTF!.!QPMJDZ!MJNJU% EFTDSJQUJPO!PG!PQFSBUJPOT!cfmpx EFTDSJQUJPO!PG!PQFSBUJPOT!0!MPDBUJPOT!0!WFIJDMFT!!)BDPSE!212-!Beejujpobm!Sfnbslt!Tdifevmf-!nbz!cf!buubdife!jg!npsf!tqbdf!jt!sfrvjsfe* DFSUJGJDBUF!IPMEFSDBODFMMBUJPO TIPVME!BOZ!PG!UIF!BCPWF!EFTDSJCFE!QPMJDJFT!CF!DBODFMMFE!CFGPSF UIF!FYQJSBUJPO!EBUF!UIFSFPG-!OPUJDF!XJMM!CF!EFMJWFSFE!JO BDDPSEBODF!XJUI!UIF!QPMJDZ!QSPWJTJPOT/ BVUIPSJ\[FE!SFQSFTFOUBUJWF ª!2:99.3126!BDPSE!DPSQPSBUJPO/!!Bmm!sjhiut!sftfswfe/ BDPSE!36!)3127014*Uif!BDPSE!obnf!boe!mphp!bsf!sfhjtufsfe!nbslt!pg!BDPSE EBUF!)NN0EE0ZZZZ* DFSUJGJDBUF!PG!MJBCJMJUZ!JOTVSBODF UIJT!DFSUJGJDBUF!JT!JTTVFE!BT!B!NBUUFS!PG!JOGPSNBUJPO!POMZ!BOE!DPOGFST!OP!SJHIUT!VQPO!UIF!DFSUJGJDBUF!IPMEFS/!UIJT DFSUJGJDBUF!EPFT!OPU!BGGJSNBUJWFMZ!PS!OFHBUJWFMZ!BNFOE-!FYUFOE!PS!BMUFS!UIF!DPWFSBHF!BGGPSEFE!CZ!UIF!QPMJDJFT CFMPX/!!UIJT!DFSUJGJDBUF!PG!JOTVSBODF!EPFT!OPU!DPOTUJUVUF!B!DPOUSBDU!CFUXFFO!UIF!JTTVJOH!JOTVSFS)T*-!BVUIPSJ\[FE SFQSFTFOUBUJWF!PS!QSPEVDFS-!BOE!UIF!DFSUJGJDBUF!IPMEFS/ JNQPSUBOU;!!Jg!uif!dfsujgjdbuf!ipmefs!jt!bo!BEEJUJPOBM!JOTVSFE-!uif!qpmjdz)jft*!nvtu!ibwf!BEEJUJPOBM!JOTVSFE!qspwjtjpot!ps!cf!foepstfe/ Jg!TVCSPHBUJPO!JT!XBJWFE-!tvckfdu!up!uif!ufsnt!boe!dpoejujpot!pg!uif!qpmjdz-!dfsubjo!qpmjdjft!nbz!sfrvjsf!bo!foepstfnfou/!!B!tubufnfou!po uijt!dfsujgjdbuf!epft!opu!dpogfs!sjhiut!up!uif!dfsujgjdbuf!ipmefs!jo!mjfv!pg!tvdi!foepstfnfou)t*/ DPOUBDU QSPEVDFS OBNF; GBY QIPOF )B0D-!Op*; )B0D-!Op-!Fyu*; F.NBJM BEESFTT; JOTVSFS)T*!BGGPSEJOH!DPWFSBHFOBJD!$ JOTVSFS!B!; JOTVSFE JOTVSFS!C!; JOTVSFS!D!; JOTVSFS!E!; JOTVSFS!F!; JOTVSFS!G!; DPWFSBHFTDFSUJGJDBUF!OVNCFS;SFWJTJPO!OVNCFS; UIJT!JT!UP!DFSUJGZ!UIBU!UIF!QPMJDJFT!PG!JOTVSBODF!MJTUFE!CFMPX!IBWF!CFFO!JTTVFE!UP!UIF!JOTVSFE!OBNFE!BCPWF!GPS!UIF!QPMJDZ!QFSJPE JOEJDBUFE/!!OPUXJUITUBOEJOH!BOZ!SFRVJSFNFOU-!UFSN!PS!DPOEJUJPO!PG!BOZ!DPOUSBDU!PS!PUIFS!EPDVNFOU!XJUI!SFTQFDU!UP!XIJDI!UIJT DFSUJGJDBUF!NBZ!CF!JTTVFE!PS!NBZ!QFSUBJO-!UIF!JOTVSBODF!BGGPSEFE!CZ!UIF!QPMJDJFT!EFTDSJCFE!IFSFJO!JT!TVCKFDU!UP!BMM!UIF!UFSNT- FYDMVTJPOT!BOE!DPOEJUJPOT!PG!TVDI!QPMJDJFT/!MJNJUT!TIPXO!NBZ!IBWF!CFFO!SFEVDFE!CZ!QBJE!DMBJNT/ BEEMTVCS QPMJDZ!FGGQPMJDZ!FYQ JOTS UZQF!PG!JOTVSBODFMJNJUT QPMJDZ!OVNCFS MUS)NN0EE0ZZZZ*)NN0EE0ZZZZ* JOTEXWE DPNNFSDJBM!HFOFSBM!MJBCJMJUZ FBDI!PDDVSSFODF% EBNBHF!UP!SFOUFE DMBJNT.NBEFPDDVS% QSFNJTFT!)Fb!pddvssfodf* NFE!FYQ!)Boz!pof!qfstpo*% QFSTPOBM!'!BEW!JOKVSZ% HFO(M!BHHSFHBUF!MJNJU!BQQMJFT!QFS;HFOFSBM!BHHSFHBUF% QSP. QPMJDZMPDQSPEVDUT!.!DPNQ0PQ!BHH% KFDU % PUIFS; DPNCJOFE!TJOHMF!MJNJU BVUPNPCJMF!MJBCJMJUZ% )Fb!bddjefou* BOZ!BVUP CPEJMZ!JOKVSZ!)Qfs!qfstpo*% PXOFETDIFEVMFE CPEJMZ!JOKVSZ!)Qfs!bddjefou*% BVUPT!POMZBVUPT OPO.PXOFE IJSFEQSPQFSUZ!EBNBHF % )Qfs!bddjefou* BVUPT!POMZBVUPT!POMZ % VNCSFMMB!MJBC FBDI!PDDVSSFODF% PDDVS FYDFTT!MJBC DMBJNT.NBEFBHHSFHBUF% % EFESFUFOUJPO% QFSPUI. XPSLFST!DPNQFOTBUJPO TUBUVUFFS BOE!FNQMPZFST(!MJBCJMJUZ Z!0!O BOZQ!SPQSJFUPS0QBSUOFS0FYFDVUJWF F/M/!FBDI!BDDJEFOU% O!0!B PGGJDFS0NFNCFS!FYDMVEFE@ )Nboebupsz!jo!OI* F/M/!EJTFBTF!.!FB!FNQMPZFF% Jg!zft-!eftdsjcf!voefs F/M/!EJTFBTF!.!QPMJDZ!MJNJU% EFTDSJQUJPO!PG!PQFSBUJPOT!cfmpx EFTDSJQUJPO!PG!PQFSBUJPOT!0!MPDBUJPOT!0!WFIJDMFT!!)BDPSE!212-!Beejujpobm!Sfnbslt!Tdifevmf-!nbz!cf!buubdife!jg!npsf!tqbdf!jt!sfrvjsfe* DFSUJGJDBUF!IPMEFSDBODFMMBUJPO TIPVME!BOZ!PG!UIF!BCPWF!EFTDSJCFE!QPMJDJFT!CF!DBODFMMFE!CFGPSF UIF!FYQJSBUJPO!EBUF!UIFSFPG-!OPUJDF!XJMM!CF!EFMJWFSFE!JO BDDPSEBODF!XJUI!UIF!QPMJDZ!QSPWJTJPOT/ BVUIPSJ\[FE!SFQSFTFOUBUJWF ª!2:99.3126!BDPSE!DPSQPSBUJPO/!!Bmm!sjhiut!sftfswfe/ BDPSE!36!)3127014*Uif!BDPSE!obnf!boe!mphp!bsf!sfhjtufsfe!nbslt!pg!BDPSE EBUF!)NN0EE0ZZZZ* DFSUJGJDBUF!PG!MJBCJMJUZ!JOTVSBODF UIJT!DFSUJGJDBUF!JT!JTTVFE!BT!B!NBUUFS!PG!JOGPSNBUJPO!POMZ!BOE!DPOGFST!OP!SJHIUT!VQPO!UIF!DFSUJGJDBUF!IPMEFS/!UIJT DFSUJGJDBUF!EPFT!OPU!BGGJSNBUJWFMZ!PS!OFHBUJWFMZ!BNFOE-!FYUFOE!PS!BMUFS!UIF!DPWFSBHF!BGGPSEFE!CZ!UIF!QPMJDJFT CFMPX/!!UIJT!DFSUJGJDBUF!PG!JOTVSBODF!EPFT!OPU!DPOTUJUVUF!B!DPOUSBDU!CFUXFFO!UIF!JTTVJOH!JOTVSFS)T*-!BVUIPSJ\[FE SFQSFTFOUBUJWF!PS!QSPEVDFS-!BOE!UIF!DFSUJGJDBUF!IPMEFS/ JNQPSUBOU;!!Jg!uif!dfsujgjdbuf!ipmefs!jt!bo!BEEJUJPOBM!JOTVSFE-!uif!qpmjdz)jft*!nvtu!ibwf!BEEJUJPOBM!JOTVSFE!qspwjtjpot!ps!cf!foepstfe/ Jg!TVCSPHBUJPO!JT!XBJWFE-!tvckfdu!up!uif!ufsnt!boe!dpoejujpot!pg!uif!qpmjdz-!dfsubjo!qpmjdjft!nbz!sfrvjsf!bo!foepstfnfou/!!B!tubufnfou!po uijt!dfsujgjdbuf!epft!opu!dpogfs!sjhiut!up!uif!dfsujgjdbuf!ipmefs!jo!mjfv!pg!tvdi!foepstfnfou)t*/ DPOUBDU QSPEVDFS OBNF; GBY QIPOF )B0D-!Op*; )B0D-!Op-!Fyu*; F.NBJM BEESFTT; JOTVSFS)T*!BGGPSEJOH!DPWFSBHFOBJD!$ JOTVSFS!B!; JOTVSFE JOTVSFS!C!; JOTVSFS!D!; JOTVSFS!E!; JOTVSFS!F!; JOTVSFS!G!; DPWFSBHFTDFSUJGJDBUF!OVNCFS;SFWJTJPO!OVNCFS; UIJT!JT!UP!DFSUJGZ!UIBU!UIF!QPMJDJFT!PG!JOTVSBODF!MJTUFE!CFMPX!IBWF!CFFO!JTTVFE!UP!UIF!JOTVSFE!OBNFE!BCPWF!GPS!UIF!QPMJDZ!QFSJPE JOEJDBUFE/!!OPUXJUITUBOEJOH!BOZ!SFRVJSFNFOU-!UFSN!PS!DPOEJUJPO!PG!BOZ!DPOUSBDU!PS!PUIFS!EPDVNFOU!XJUI!SFTQFDU!UP!XIJDI!UIJT DFSUJGJDBUF!NBZ!CF!JTTVFE!PS!NBZ!QFSUBJO-!UIF!JOTVSBODF!BGGPSEFE!CZ!UIF!QPMJDJFT!EFTDSJCFE!IFSFJO!JT!TVCKFDU!UP!BMM!UIF!UFSNT- FYDMVTJPOT!BOE!DPOEJUJPOT!PG!TVDI!QPMJDJFT/!MJNJUT!TIPXO!NBZ!IBWF!CFFO!SFEVDFE!CZ!QBJE!DMBJNT/ BEEMTVCS JOTSQPMJDZ!FGGQPMJDZ!FYQ UZQF!PG!JOTVSBODFMJNJUT QPMJDZ!OVNCFS MUS)NN0EE0ZZZZ*)NN0EE0ZZZZ* JOTEXWE DPNNFSDJBM!HFOFSBM!MJBCJMJUZ FBDI!PDDVSSFODF% EBNBHF!UP!SFOUFE DMBJNT.NBEFPDDVS% QSFNJTFT!)Fb!pddvssfodf* NFE!FYQ!)Boz!pof!qfstpo*% QFSTPOBM!'!BEW!JOKVSZ% HFO(M!BHHSFHBUF!MJNJU!BQQMJFT!QFS;HFOFSBM!BHHSFHBUF% QSP. QPMJDZMPDQSPEVDUT!.!DPNQ0PQ!BHH% KFDU % PUIFS; DPNCJOFE!TJOHMF!MJNJU BVUPNPCJMF!MJBCJMJUZ% )Fb!bddjefou* BOZ!BVUP CPEJMZ!JOKVSZ!)Qfs!qfstpo*% PXOFETDIFEVMFE CPEJMZ!JOKVSZ!)Qfs!bddjefou*% BVUPT!POMZBVUPT OPO.PXOFE IJSFEQSPQFSUZ!EBNBHF % )Qfs!bddjefou* BVUPT!POMZBVUPT!POMZ % VNCSFMMB!MJBC FBDI!PDDVSSFODF% PDDVS FYDFTT!MJBC DMBJNT.NBEFBHHSFHBUF% % EFESFUFOUJPO% QFSPUI. XPSLFST!DPNQFOTBUJPO TUBUVUFFS BOE!FNQMPZFST(!MJBCJMJUZ Z!0!O BOZQ!SPQSJFUPS0QBSUOFS0FYFDVUJWF F/M/!FBDI!BDDJEFOU% O!0!B PGGJDFS0NFNCFS!FYDMVEFE@ )Nboebupsz!jo!OI* F/M/!EJTFBTF!.!FB!FNQMPZFF% Jg!zft-!eftdsjcf!voefs F/M/!EJTFBTF!.!QPMJDZ!MJNJU% EFTDSJQUJPO!PG!PQFSBUJPOT!cfmpx EFTDSJQUJPO!PG!PQFSBUJPOT!0!MPDBUJPOT!0!WFIJDMFT!!)BDPSE!212-!Beejujpobm!Sfnbslt!Tdifevmf-!nbz!cf!buubdife!jg!npsf!tqbdf!jt!sfrvjsfe* DFSUJGJDBUF!IPMEFSDBODFMMBUJPO TIPVME!BOZ!PG!UIF!BCPWF!EFTDSJCFE!QPMJDJFT!CF!DBODFMMFE!CFGPSF UIF!FYQJSBUJPO!EBUF!UIFSFPG-!OPUJDF!XJMM!CF!EFMJWFSFE!JO BDDPSEBODF!XJUI!UIF!QPMJDZ!QSPWJTJPOT/ BVUIPSJ\[FE!SFQSFTFOUBUJWF ª!2:99.3126!BDPSE!DPSQPSBUJPO/!!Bmm!sjhiut!sftfswfe/ BDPSE!36!)3127014*Uif!BDPSE!obnf!boe!mphp!bsf!sfhjtufsfe!nbslt!pg!BDPSE l8- i3a �F' / 8 133 A�� �® `�VR CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 12/29/2023 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 IMA, Inc. -Dallas Division 14221 Dallas Parkway, Suite 700 Dallas TX 75254 CONTACT NAME: IMA Dallas Team PHONE FAX . 972-458-8700 (,C.No): ADDRESS: DALCERTACCTS@imaeorp.com INSURERS AFFORDING COVERAGE NAIC # INSURER A: The Hanover Insurance Company 22292 INSURED ExteNet Systems LLC; ExteNet Systems (California), LLC; ExteNet Systems New York Inc; ExteNet Systems INSURER B : Massachusetts Bay Insurance Company 22306 INSURER C : (Virginia) INSURER D : INSURER E : 5844 John Hickman Parkway — Suite 600 Frisco TX 75034 INSURER F COVERAGES CERTIFICATE NUMBER: 19026802 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 SUBR POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS A X COMMERCIALGENERALLIABILITY ZHDH87380402 1/2/2024 1/2/2025 EACH OCCURRENCE $1,000,000 CLAIMS -MADE OCCUR PREM SESOEa oo'urrDence $ 1,000,000 X MED EXP (Any one person) $ 15,000 BI/PD DED: $25K X XCU not EXCLUDED PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY PRO- JECT LX] LOC PRODUCTS - COMP/OP AGG $2,000,000 $ OTHER: A AUTOMOBILE LIABILITY AHDH85596102 1/2/2024 1/2/2025 COMBINED SINGLE LIMIT Ea accident $1,000,000 BODILY INJURY (Per person) $ AUTO IANY OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ X HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY A X UMBRELLALIAB X OCCUR UHDH87381002 1/2/2024 1/2/2025 EACH OCCURRENCE $25,000,000 AGGREGATE $25,000,000 EXCESS LIAB CLAIMS -MADE DED RETENTION $ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRIETOR/PARTNER/EXECUTIVE Y / N N WZDH85619702 1/2/2024 1/2/2025 X PER OTH- STATUTE ER E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBEREXCLUE (Mandatory in NH) N/A E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below A Professional/CyberLiability LHDH87384802 1/2/2024 1/2/2025 Limit Retention $10,000,000 $75,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) *Invasion of Privacy is Included in Cyber Liability coverage. Pollution Liability Coverage: Policy #PCADB50239310124 Effective Dates: 01102/2024-01/0212025 Insurer: Berkley Insurance Company $10,000,000 Limit; Claims Made See Attached... CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Spokane Valley ACCORDANCE WITH THE POLICY PROVISIONS. 10210 E Sprague Avenue Attn: Susan Bullock AUTHORIZED REPRESENTATIVE V ( 4-� Spokane Valley WA 99206 USA ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: LOC #: AC oRo® ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED IMA, Inc. - Dallas Division ExteNet Systems LLC; ExteNet Systems (California), LLC; ExteNet Systems New York Inc; ExteNet Systems (Virginia) POLICY NUMBER 5844 John Hickman Parkway — Suite 600 Frisco TX 75034 CARRIER NAIC CODE EFFECTIVE DATE: THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE ertificate Holders are included as Additional Insured on the General, Automobile and Umbrella Liability Policies if required by written contract or agreement jbject to the policy terms and conditions. A Waiver of Subrogation is provided in favor of "Additional Insured" on the General, Automobile, Umbrella Liability and /orkers Compensation Policies if required by written contract or agreement subject to policy terms and conditions. This Insurance is Primary and on -Contributory on the General, Automobile and Umbrella Liability Policies subject to policy terms and conditions. Any Exclusion for Liability within 50 feet of iilroad tracks has been deleted. 30 Day Notice of Cancellation with respects to the General, Automobile, Umbrella Liability and Workers Compensation Policies required by written contract or agreement subject to the policy terms and conditions. ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD / 8- /3 '� /,y-/33 ACORN® CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 12/20/2024 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 IMA, Inc. -Dallas Division 14221 Dallas Parkway, Suite 700 Dallas TX 75254 CONTACT NAME: IMA Dallas Team PHONN E1,11, 972-458-8700 aC No): ADDRESS: DALCERTACCTS@imacorp.com INSURERS AFFORDING COVERAGE NAIC# INSURER A: The Hanover Insurance Company 22292 INSURED ExteNet Systems LLC; ExteNet Systems (California), LLC; ExteNet Systems New York Inc; ExteNet Systems INSURER B : Massachusetts Bay Insurance Company 22306 INSURER C: INSURERD: (Virginia) 5844 John Hickman Parkway — Suite 600 Frisco TX 75034 INSURER E: INSURER F : COVERAGES CERTIFICATE NUMBER:765242798 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 SUBR POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE � OCCUR ZHDH87380403 1/2/2025 1/2/2026 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED PREMISES Ea occurrence $1,000,000 X MED EXP (Any y one person) ) $15,000 BI/PD DED: $25K XCU not EXCLUDED PERSONAL & ADV INJURY $ 1,000,000 X AGGREGATE LIMIT APPLIES PER: POLICY E C LOC GENERALAGGREGATE $2,000,000 GEN'L PRODUCTS - COMP/OP AGG $ 2,000,000 $ OTHER: A AUTOMOBILE LIABILITY AHDH85596103 1/2/2025 1/2/2026 COMBINEDSINGLELIMIT Ea accident $1,000,000 BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident ( ) $ X HIRED Ix NON -OWNED AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE Per accident $ A X UMBRELLA LIAB X 11 OCCUR UHDH87381003 1/2/2025 1/2/2026 EACH OCCURRENCE $25,000,000 EXCESS LIAB CLAIMS -MADE AGGREGATE $ 25,000,000 DED I RETENTION$ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBEREXCLUE MN N / A VVDDH85619703 1/2/2025 1/2/2026 X STATUTE OERH E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 (Mandatory in NH) If yes, describe under E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS below I A Professional/CyberLiability LHDH87384803 1/2/2025 1/2/2026 Limit $10,000,000 Retention $75.000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) *Invasion of Privacy is Included in Cyber Liability coverage. Pollution Liability Coverage: Policy #PCADB50267950125 Effective Dates: 01/02/2025 - 01/02/2026 Insurer: Berkley Insurance Company $10,000,000 Limit; Claims Made See Attached... is Cr[I 1r7li1AIc nvwr_M ILANLtLLAI IUIV City of Spokane Valley 10210 E Sprague Avenue Attn: Susan Bullock Spokane Valley WA 99206 USA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD A6ORH CERTIFICATE OF LIABILITY INSURANCE `PATE 'MM/DD[YYYY) 12131 /2025 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 IMA, Inc. - Dallas Division 14221 Dallas Parkway, Suite 700 Dallas TX 75254 CONTACT IMA Certificate Team PHONE FAX AIc No): ADDRESS: certificates@imacorp.com INSURERS AFFORDING COVERAGE NAIC # INSURER A: The Hanover Insurance Company 22292 INSURED EXTESYS-01 ExteNet Systems LLC; ExteNet Systems (California), LLC; ExteNet Systems New York Inc; ExteNet Systems INSURER B : Massachusetts Bay Insurance Company 22306 INSURERC: Berkley Insurance Company #1791 32603 INSURER D : (Virginia) 5844 John Hickman Parkway— Suite 600 Frisco TX 75034 INSURERE: INSURER F COVERAGES CERTIFICATE NUMBER:35756588 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 SUBR POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS A X COMMERCIALGENERALLIABILITY ZHDH87380404 1/2/2026 4/1/2026 EACH OCCURRENCE $1,000,000 CLAIMS -MADE 1 OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $ 1,000,000 X MED EXP (Any one person) $ 15,000 BIRD DED: $25K X XCU not EXCLUDED PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $2,000,000 nGEN F�j POLICY JECT LOC PRODUCTS-COMP/OPAGG $2,000,000 1 $ OTHER: A AUTOMOBILE LIABILITY AHDH85596104 1/2/2026 4/1 /2026 COMBINED S INGLE LIMIT Ea accident $1,000,000 BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ X PROPERTY DAMAGE Per accident $ NON -OWNED HIRED IX AUTOS ONLY AUTOS ONLY A X UMBRELLA LIAB X OCCUR UHDH87381004 1/2/2026 4/1/2026 EACH OCCURRENCE $25,000,000 AGGREGATE $25,000,000 EXCESS LIAB CLAIMS -MADE DED I X I RETENTION$ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY y/ N VVDDH85619704 1/2/2026 4/1/2026 X SPER TATUTE I I EERH ANYPROPRIETOR/PARTNER/EXECUTIVE N E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? I NIA E.L. DISEASE - EA EMPLOYEE $ 1,000,000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 A Professional/CyberLiability LHDH87384804 1/2/2026 4/1/2026 Limit$10,000,000 Retention $75,000 C Pollution Liability PCADB50267950125 1/2/2025 4/1/2026 Per Claim$10,000,000 Agg.$10,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) General Liability Policy does not exclude Liability within 50 feet of railroad tracks, subject to the policy terms, conditions, exclusions and limitations. Professional/Cyber Liability includes Invasion of Privacy Coverage, subject to the policy terms, conditions, exclusions and limitations. Certificate Holder and all other parties required by the contract are included as Additional Insured on the General Liability, Automobile Liability, Umbrella Liability, and Pollution Liability Policies if required by written contract or agreement subject to the policy terms and conditions. This Insurance is Primary and Non -Contributory on the General Liability, Automobile Liability, Umbrella Liability, and Pollution Liability Policies, subject to policy terms and conditions. A Waiver of Subrogation is provided in favor of Certificate Holder and all other parties required by the contract on the General Liability, Automobile Liability, Umbrella Liability, Pollution Liability and Workers Compensation Policies if required by written contract or agreement subject to policy terms and conditions. See Attached... CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Spokane Valley ACCORDANCE WITH THE POLICY PROVISIONS. 10210 E Sprague Avenue Attn: Susan Bullock AUTHORIZED REPRESENTATIVE — j Spokane Valley WA 99206 USA ty�JiMc�l ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: EXTESYS-01 LOC #: ACORN® AnnITIMIAI RF'MARKC -qr-WFlll II P PROP a of 1 AGENCY NAMED INSURED IMA, Inc. - Dallas Division ExteNet Systems LLC; ExteNet Systems (California), LLC; ExteNet Systems New York Inc; ExteNet Systems (Virginia) POLICY NUMBER 5844 John Hickman Parkway — Suite 600 Frisco TX 75034 CARRIER NAIC CODE EFFECTIVE DATE: 4DDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE General Liability, Automobile Liability, Umbrella Liability and Workers Compensation Coverages include 30 day notice of cancellation, subject to the terms and conditions of the policy. ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Policy Number: ZHD-H873804-04, Extenet Systems LLC THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY BROADENING ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SUMMARY OF COVERAGES 1. Additional Insured by Contract, Agreement or Permit Included 2. Additional Insured — Primary and Non -Contributory Included 3. Blanket Waiver of Subrogation Included 4. Bodily Injury Redefined Included 5. Broad Form Property Damage — Borrowed Equipment, Customers Goods & Use of Elevators Included 6. Knowledge of Occurrence Included 7. Liberalization Clause Included 8. Medical Payments — Extended Reporting Period Included 9. Newly Acquired or Formed Organizations - Covered until end of policy period Included 10. Non -owned Watercraft 51 ft. 11. Supplementary Payments Increased Limits - Bail Bonds $2,500 - Loss of Earnings $1000 12. Unintentional Failure to Disclose Hazards Included 13. Unintentional Failure to Notify Included This endorsement amends coverages provided under the Commercial General Liability Coverage Part through new coverages, higher limits and broader coverage grants. 1. Additional Insured by Contract, Agreement or (1) "Your work" for the additional insured(s) Permit designated in the contract, agreement or The following is added to SECTION II — WHO IS permit; AN INSURED: (2) Premises you own, rent, lease or occupy; Additional Insured by Contract, Agreement or or Permit (3) Your maintenance, operation or use of a. Any person or organization with whom you equipment leased to you. agreed in a written contract, written agreement b. The insurance afforded to such additional or permit that such person or organization to insured described above: add an additional insured on your policy is an (1) Only applies to the extent permitted by additional insured only with respect to liability law; and for "bodily injury", "property damage", or "personal and advertising injury" caused, in (2) Will not be broader than the insurance whole or in part, by your acts or omissions, or which you are required by the contract, the acts or omissions of those acting on your agreement or permit to provide for such behalf, but only with respect to: additional insured. 421-2915 06 15 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 4 (3) Applies on a primary basis if that is advertising injury" involved the rendering required by the written contract, written of or failure to render any professional agreement or permit. services by or for you. (4) Will not be broader than coverage d. With respect to the insurance afforded to provided to any other insured. these additional insureds, the following is (5) Does not apply if the "bodily injury", added to SECTION III — LIMITS OF "property damage" or "personal and INSURANCE: advertising injury" is otherwise excluded The most we will pay on behalf of the from coverage under this Coverage Part, additional insured for a covered claim is the including any endorsements thereto. lesser of the amount of insurance: c. This provision does not apply: 1. Required by the contract, agreement or (1) Unless the written contract or written permit described in Paragraph a.; or agreement was executed or permit was 2. Available under the applicable Limits of issued prior to the "bodily injury', "property Insurance shown in the Declarations. damage", or "personal injury and This endorsement shall not increase the advertising injury'. applicable Limits of Insurance shown in the (2) To any person or organization included as Declarations. an insured by another endorsement 2. Additional Insured — Primary and Non - issued by us and made part of this Contributory Coverage Part. The following is added to SECTION IV — (3) To any lessor of equipment: COMMERCIAL GENERAL LIABILITY (a) After the equipment lease expires; or CONDITIONS, Paragraph 4. Other insurance: (b) If the "bodily injury", "property Additional Insured — Primary and Non - damage", "personal and advertising Contributory injury" arises out of sole negligence of If you agree in a written contract, written the lessor agreement or permit that the insurance provided to (4) To any: any person or organization included as an (a) Owners or other interests from. whom Additional Insured under SECTION II — WHO IS land has been leased which takes AN INSURED, is primary and non-contributory, place after the lease for the land ex- the following applies: pires; or If other valid and collectible insurance is available (b) Managers or lessors of premises if: to the Additional Insured for a loss covered under Coverages A or B of this Coverage Part, our (i) The occurrence takes place after obligations are limited as follows: you cease to be a tenant in that premises; or a. Primary Insurance (ii) The "bodily injury', "property This insurance is primary to other insurance damage", "personal injury" or that is available to the Additional Insured "advertising injury" arises out of which covers the structural alterations, new con- Additional Insured as a Named Insured. We struction or demolition operations will not seek contribution from any other performed by or on behalf of the insurance available to the Additional Insured manager or lessor. except: (5) To "bodily injury", "property damage" or (1) For the sole negligence of the Additional "personal and advertising injury" arising Insured; out of the rendering of or the failure to (2) When the Additional Insured is an render any professional services. Additional Insured under another primary This exclusion applies even if the claims liability policy; or against any insured allege negligence or (3) when b. below applies. other wrongdoing in the supervision, hiring, employment, training or monitoring If this insurance is primary, our obligations are of others by that insured, if the not affected unless any of the other insurance "occurrence" which caused the "bodily is also primary. Then, we will share with all injury" or "property damage" or the offense that other insurance by the method described which caused the "personal and in c. below. 421-2915 06 15 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 4 b. Excess Insurance (1) This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis: (a) That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work"; (b) That is Fire insurance for premises rented to the Additional Insured or temporarily occupied by the Additional Insured with permission of the owner; (c) That is insurance purchased by the Additional Insured to cover the Additional Insured's liability as a tenant for "property damage" to premises rented to the Additional Insured or temporarily occupied by the Additional with permission of the owner; or (d) If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of SECTION I — COVERAGE A — BODILY INURY AND PROPERTY DAMAGE LIABILITY. (2) When this insurance is excess, we will have no duty under Coverages A or B to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. (3) When this insurance is excess over other Insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (a) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (b) The total of all deductible and self insured amounts under all that other insurance. insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers 3. Blanket Waiver of Subrogation The following is added to SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph S. Transfer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have against any person or organization with whom you have a written contract that requires such waiver because of payments we make for damage under this coverage form. The damage must arise out of your activities under a written contract with that person or organization. This waiver applies only to the extent that subrogation is waived under a written contract executed prior to the "occurrence" or offense giving rise to such payments. 4. Bodily Injury Redefined SECTION V — DEFINITIONS, Definition 3. "bodily injury" is replaced by the following: 3. "Bodily injury" means bodily injury, sickness or disease sustained by a person including death resulting from any of these at any time. "Bodily injury" includes mental anguish or other mental injury resulting from "bodily injury". 5. Broad Form Property Damage — Borrowed Equipment, Customers Goods, Use of Elevators a. SECTION I — COVERAGES, COVERAGE A — BODILIY INJURY AND PROPERTY DAMAGE LIABILITY, Paragraph 2. Exclusions subparagraph j. is amended as follows: Paragraph (4) does not apply to "property damage" to borrowed equipment while at a jobsite and not being used to perform operations. We will share the remaining loss, if any, Paragraphs (3), (4) and (6) do not apply to with any other insurance that is not "property damage" to "customers goods" while described in this Excess Insurance on your premises nor do they apply to the use provision and was not bought specifically of elevators at premises you own, rent, lease to apply in excess of the Limits of or occupy. Insurance shown in the Declarations of b. The following is added to SECTION V — this Coverage Part. DEFINTIONS: c. Method Of Sharing 24. "Customers goods" means property of If all of the other insurance permits your customer on your premises for the contribution by equal shares, we will follow this purpose of being: method also. Under this approach each 421-2915 06 15 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 4 a. worked on; or b. used in your manufacturing process. c. The insurance afforded under this provision is excess over any other valid and collectible property insurance (including deductible) available to the insured whether primary, excess, contingent 6. Knowledge of Occurrence The following is added to SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 2. Duties in the Event of Occurrence, Offense, Claim or Suit: e. Notice of an 'occurrence", offense, claim or "suit" will be considered knowledge of the insured if reported to an individual named insured, partner, executive officer or an "employee" designated by you to give us such a notice. 7. Liberalization Clause The following is added to SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: Liberalization Clause If we adopt any revision that would broaden the coverage under this Coverage Form without additional premium, within 45 days prior to or during the policy period, the broadened coverage will immediately apply to this Coverage Part. 8. Medical Payments — Extended Reporting Period a. SECTION I — COVERAGES, COVERAGE C — MEDICAL PAYMENTS, Paragraph 1. Insuring Agreement, subparagraph a.(3)(b) is replaced by the following: (b) The expenses are incurred and reported to us within three years of the date of the accident; and b. This coverage does not apply if COVERAGE C — MEDICAL PAYMENTS is excluded either by the provisions of the Coverage Part or by endorsement. 10. Non -Owned Watercraft SECTION I — COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Paragraph 2. Exclusions, subparagraph g.(2) is replaced by the following: g. Aircraft, Auto Or Watercraft (2) A watercraft you do not own that is: (a) Less than 51 feet long; and (b) Not being used to carry persons or property for a charge; This provision applies to any person who, with your consent, either uses or is responsible for the use of a watercraft. 11. Supplementary Payments Increased Limits SECTION I — SUPPLEMENTARY PAYMENTS COVERAGES A AND B, Paragraphs 1.b. and 1.d. are replaced by the following: 1.b.Up to $2,500 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 1.d.All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit', including actual loss of earnings up to $1000 a day because of time off from work. 12. Unintentional Failure to Disclose Hazards The following is added to SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 6. Representations: We will not disclaim coverage under this Coverage Part if you fail to disclose all hazards existing as of the inception date of the policy provided such failure is not intentional. 13. Unintentional Failure to Notify The following is added to SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 2. Duties in the Event of Occurrence, Offense, Claim or Suit: 9. Newly Acquired Or Formed Organizations Your rights afforded under this policy shall not be prejudiced if you fail to give us notice of an SECTION II — WHO IS AN INSURED, Paragraph "occurrence", offense, claim or "suit', solely due to 3.a. is replaced by the following: your reasonable and documented belief that the a. Coverage under this provision is afforded until "bodily injury" or "property damage" is not covered the end of the policy period. under this policy. ALL OTHER TERMS, CONDITIONS, AND EXCLUSIONS REMAIN UNCHANGED. 421-2915 06 15 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 4 of 4 Policy Number: ZHD-H873804-04, Extenet Systems LLC THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY COMMERCIAL GENERAL LIABILITY ENHANCEMENT ENDORSEMENT - CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SUMMARY OF COVERAGES 1. Aggregate Limit per Project Included 2. Alienated Premises Included 3. Broad Form Named Insured Included 4. Contractual Liability - Railroads Included 5. Extended Property Damage Included 6. Incidental Malpractice (Employed nurses, EMT's & paramedics) Included 7. Mobile Equipment Redefined Included 8. Personal Injury -Broad Form Included 9. Property Damage Legal Liability - Broad Form - Fire, Lightning, Explosion, Smoke and Leakage from Fire Protective Systems Damage Limit $1,000,000 This endorsement amends coverages provided under the Commercial General Liability Coverage Part through new coverages, higher limits and broader coverage grants. Aggregate Limit per Project a. Under SECTION III - LIMITS OF INSURANCE, the General Aggregate Limit applies separately to each of your projects away from premises owned by or rented to you. 2. Alienated Premises SECTION I - COVERAGES, COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Paragraph 2. Exclusions, subparagraph j.(2) is replaced by the following: (2) Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises and occurred from hazards that were known by you, or should have reasonably been known by you, at the time the property was transferred or abandoned. 3. Broad Form Named Insured If you are designated in the Declarations as anything other than an individual, then any organization: a. Over which you maintained a combined ownership interest of more than 50% on the effective date of this policy; b. That is not a partnership, joint venture or limited liability company; and c. That is not excluded by any endorsement to this policy, will qualify as a Named Insured if there is no other similar insurance available to that organization, or that would be available but for exhaustion of its limits. Any such organization will cease to qualify as a Named Insured as of the date during the policy period when the combined ownership interest of the Named Insureds in the organization equals or falls below 50%. 4. Contractual Liability - Railroads With respect to operations performed for, or affecting, a railroad at your job site, of SECTION V - DEFINITIONS, Paragraph 9. is replaced by the following: 9. "Insured contract" means: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract'; 421-2918 06 15 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 3 b. A sidetrack agreement; c. Any easement or license agreement; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; f. That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury" or "property damage" to a third person or organization, provided the "bodily injury" or "property damage" is caused, in whole or in part, by you or those acting on your behalf. However, such part of a contract or agreement shall only be considered an "insured contract" to the extent your assumption of the tort liability is permitted by law. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement: (1) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; (2) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in Paragraph (1) above and supervisory, inspection, architectural or engineering activities. 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. 6. Incidental Malpractice — Employed Nurses, EMT's and Paramedics SECTION II — WHO IS AN INSURED, Paragraph 2.a.(1)(d) does not apply to a nurse, emergency medical technician or paramedic employed by you if you are not engaged in the business or occupation of providing medical, paramedical, surgical, dental, x-ray or nursing services. 7. Mobile Equipment Redefined SECTION V — DEFINITIONS, Definition 12., "Mobile equipment", paragraph f.(1) does not apply to self-propelled vehicles of less than 1,000 pounds gross vehicle weight. 8. Personal Injury —Broad Form a. SECTION I — COVERAGES, COVERAGE B — PERSONAL AND ADVERTISING INJURY LIABILITY, Paragraph 2. Exclusions, subparagraph e. is deleted. b. SECTION V — DEFINITIONS, Definition 14, "Personal and advertising injury" subparagraph b. is replaced by the following: b. Malicious prosecution or abuse of process. c. The following is added to SECTION V — DEFINITIONS, Definition 14. "Personal and advertising injury": "Discrimination" (unless insurance thereof is prohibited by law) that results in injury to the feelings or reputation of a natural person, but only if such "discrimination" is: (1) Not done intentionally by or at the direction of: (a) The insured; (b) Any officer of the corporation, director, stockholder, partner or member of the insured; and (2) Not directly or indirectly related to an "employee", not to the employment, prospective employment or termination of any person or persons by an insured. 5. Extended Property Damage d. The following is added to SECTION V — SECTION I — COVERAGES, COVERAGE A — DEFINITIONS: BODILY INJURY AND PROPERTY DAMAGE "Discrimination" means the unlawful treatment LIABILITY, Paragraph 2. Exclusions, of individuals based upon race, color, ethnic subparagraph a. is replaced by the following: origin, gender, religion, age, or sexual a. Expected or intended Injury preference. "Discrimination" does not include the unlawful treatment of individuals based 421-2918 06 15 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 3 upon developmental, physical, cognitive, mental, sensory or emotional impairment or any combination of these. e. This coverage does not apply if COVERAGE B — PERSONAL AND ADVERTISING INJURY LIABILITY is excluded either by the provisions of the Coverage Form or by endorsement 9. Property Damage Legal Liability — Broad Form a. SECTION I — COVERAGES, COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE LIABILITY, the last paragraph (after the exclusions) is replaced by the following: Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke or leakage from fire protective systems to premises while rented to you or temporarily occupied by you with the permission of the owner. A separate limit of insurance applies to this coverage as described in SECTION III — LIMITS OF INSURANCE. b. SECTION III — LIMITS OF INSURANCE, Paragraph 6. is replaced by the following: 6. Subject to Paragraph 5. above, The Damage to Premises Rented to You Limit is the most we will pay under COVERAGE A for damages because of "property damage" to any one premises from fire, lightning, explosion, smoke and leakage from fire protective systems to premises, while rented to you or temporarily occupied by you with permission of the owner. The Damage to Premises Rented to You Limit is the higher of: a. $1,000,000; or b. The Damage to Premises Rented to You Limit shown in the Declarations. This limit will apply to all damage caused by the same event, whether such damage results from fire, lightning, explosion, smoke, leakage from fire protective systems or any combination of any of these. c. SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 4. Other Insurance, subparagraph b. Excess Insurance, item (a)(ii) is replaced by the following: (ii) That is fire, lightning, explosion, smoke or leakage from fire protective systems insurance for premises rented to you or temporarily occupied by you with permission of the owner; or d. SECTION V — DEFINITIONS, Paragraph 9. "Insured contract", subparagraph a. is replaced by the following: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, smoke or leakage from fire protective systems to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract'. e. This coverage does not apply if Damage to Premises Rented to You is excluded either by the provisions of the Coverage Part or by endorsement. ALL OTHER TERMS, CONDITIONS, AND EXCLUSIONS REMAIN UNCHANGED. 421-2918 06 15 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 3 Policy Number: ZHD-H873804-04, Extenet Systems LLC THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY ENHANCEMENT ENDORSEMENT - TECHNOLOGY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SUMMARY OF COVERAGES 1. Additional Insured - Broad Form Vendors Included 2. Additional Insured - Employee and Volunteer Worker Broadened Bodily Injury Coverage Included 3. Aggregate Limit per Location Included 4. Aircraft - Nonowned Hired, Chartered or Loaned with Paid Crew Included 5. Alienated Premises Included 6. Broad Form Named Insured Included 7. Damage to your Product $50,000 8. Extended Property Damage Included 9. Incidental Malpractice (Employed nurses, EMT's & paramedics) Included 10. Mobile Equipment Redefined Included 11. Personal Injury -Broad Form Included 12. Product Recall Expense - Each Occurrence Limit $25,000 - Aggregate Limit $50,000 - Deductible $500 13. Property Damage Legal Liability - Broad Form - Fire, Lightning, Explosion, Smoke and Leakage from Fire Protective Systems Damage Limit $1,000,000 This endorsement amends coverages provided under the Commercial General Liability Coverage Part through new coverages, higher limits and broader coverage grants. 1. Additional Insured - Broad Form Vendors The following is added to SECTION II - WHO IS AN INSURED: Additional Insured - Broad Form Vendors a. Any person or organization that is a vendor with whom you agreed in a written contract or written agreement to include as an additional insured under this Coverage Part is an insured, but only with respect to liability for "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business. b. The insurance afforded to such vendor described above: (1) Only applies to the extent permitted by law; (2) Will not be broader than the insurance which you are required by the contract or agreement to provide for such vendor; (3) Will not be broader than coverage provided to any other insured; and (4) Does not apply if the "bodily injury", "property damage" or "personal and advertising injury" is otherwise excluded from coverage under this Coverage Part, including any endorsements thereto c. With respect to insurance afforded to such vendors, the following additional exclusions apply: The insurance afforded to the vendor does not apply to: (1) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reasons of the assumption of liability in a contract or agreement. This 421-2926 06 15 Includes copyrighted material of Insurance Services Office, Inc., with it permission. Page 1 of 6 exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement; (2) Any express warranty unauthorized by you; (3) Any physical or chemical change in the product made intentionally by the vendor; (4) Repackaging, unless unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instruction from the manufacturer, and then repackaged in the original container; (5) Any failure to make such inspection, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business in connection with the sale of the product; (6) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; (7) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; (8) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor 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: (a) The exceptions contained within the exclusion in sub -paragraphs (4) or (6) above; or (b) Such inspections, adjustments, tests or servicing as the vendor 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. (9) "Bodily injury" or "property damage" arising out of an "occurrence" that took place before you have signed the contract or agreement with the vendor. (10)To any person or organization included as an insured by another endorsement issued by us and made part of this Coverage Part. (11)Any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. d. With respect to the insurance afforded to these vendors, the following is added to SECTION III — LIMITS OF INSURANCE: The most we will pay on behalf of the vendor for a covered claim is the lesser of the amount of insurance: 1. Required by the contract or agreement described in Paragraph a.; or 2. Available under the applicable Limits of Insurance shown in the Declarations; This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. 2. Additional Insured — Employee and Volunteer Worker Broadened Bodily Injury Coverage The following is added to SECTION II — WHO IS AN INSURED, Paragraph 2.a.(1): Your "employees" and "volunteer workers" are insured for "bodily injury" that results from the providing of or failure to provide first aid by an "employee" or "volunteer worker", other than a licensed medical provider. 3. Aggregate Limit Per Location a. SECTION III — LIMITS OF INSURANCE, the General Aggregate Limit applies separately to each of your "locations" owned by or rented to you. b. For purpose of this coverage only, the following is added to SECTION V — DEFINITIONS: "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. 4. Aircraft — Nonowned Hired, Chartered or Loaned with Paid Crew The following is added to SECTION I — COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Paragraph 2. Exclusions, subparagraph g.: This exclusion does not apply to: g. Aircraft, Auto or Watercraft An aircraft you do not own that is hired, chartered or loaned with a paid crew. This exception does not apply if the insured has any other valid and collectible insurance for "bodily injury" or "property damage" liability that would also be covered under this provision, whether the other insurance is primary, excess, contingent or on any other basis. In that case, this provision does not provide any insurance. 421-2926 06 15 Includes copyrighted material of Insurance Services Office, Inc., with it permission. Page 2 of 6 5. Alienated Premises SECTION I — COVERAGES, COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Paragraph 2. Exclusions, subparagraph j.(2) is replaced by the following: (2) Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises and occurred from hazards that were known by you, or should have reasonably been known by you, at the time the property was transferred or abandoned. 6. Broad Form Named Insured 7. If you are designated in the Declarations as anything other than an individual, then any organization: a. Over which you maintained a combined ownership interest of more than 50% on the effective date of this policy; b. That is not a partnership, joint venture or limited liability company; and c. That is not excluded by any endorsement to this policy, will qualify as a Named Insured if there is no other similar insurance available to that organization, or that would be available but for exhaustion of its limits. Any such organization will cease to qualify as a Named Insured as of the date during the policy period when the combined ownership interest of the Named Insureds in the organization equals or falls below 50%. Damage to Your Product SECTION I — COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Paragraph 2. Exclusions, subparagraph k. Damage to Your Product is replaced by the following: "Property damage" to "your product" if caused by any of the following: (1) Delay in, or failure to begin, complete or deliver, "your product"; (2) Loss of market; (3) Any fraudulent, malicious, criminal or intentional act committed by an insured or with an insured's consent or knowledge; or (4) Wear or tear, or gradual deterioration. Subject to the Products Completed Operations Aggregate Limit, the Damage to "Your Product" Limit shown in the Schedule above is the most that we will pay because of all "property damage" to "your product" arising out of any one "occurrence". Coverage provided by this section is subject to the Retention stated in the Declarations, and is subject to all other policy terms and conditions. 8. Extended Property Damage SECTION I — COVERAGES, COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Paragraph 2. Exclusions, subparagraph a. is replaced by the following: a. 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. 9. Incidental Malpractice — Employed Nurses, EMT's and Paramedics SECTION II — WHO IS AN INSURED, Paragraph 2.a.(1)(d) does not apply to a nurse, emergency medical technician or paramedic employed by you if you are not engaged in the business or occupation of providing medical, paramedical, surgical, dental, x-ray or nursing services. 10. Mobile Equipment Redefined SECTION V — DEFINITIONS, Definition 12. "Mobile Equipment", paragraph f.(1) does not apply to self-propelled vehicles of less than 1,000 pounds gross vehicle weight. 11. Personal Injury — Broad Form a. SECTION I — COVERAGES, COVERAGE B — PERSONAL AND ADVERTISING INJURY LIABILITY, Paragraph 2. Exclusions, subparagraph e. is deleted. b. SECTION V — DEFINITIONS, Definition 14, "Personal and advertising injury" subparagraph b. is replaced by the following: b. Malicious prosecution or abuse of process. c. The following is added to SECTION V — DEFINITIONS, Definition 14. "Personal and advertising injury": "Discrimination" (unless insurance thereof is prohibited by law) that results in injury to the feelings or reputation of a natural person, but only if such "discrimination" is: (1) Not done intentionally by or at the direction of: (a) The insured; (b) Any officer of the corporation, director, stockholder, partner or member of the insured; and (2) Not directly or indirectly related to an "employee", not to the employment, 421-2926 06 15 Includes copyrighted material of Insurance Services Office, Inc., with it permission. Page 3 of 6 prospective employment or termination of any person or persons by an insured. d. The following is added to SECTION V — DEFINITIONS: "Discrimination" means the unlawful treatment of individuals based upon race, color, ethnic origin, gender, religion, age, or sexual preference. "Discrimination" does not include the unlawful treatment of individuals based upon developmental, physical, cognitive, mental, sensory or emotional impairment or any combination of these. e. This coverage does not apply if COVERAGE B — PERSONAL AND ADVERTISING INJURY LIABILITY is excluded either by the provisions of the Coverage Form or by endorsement. 12. Product Recall Expense a. SECTION I — COVERAGES, COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Paragraph 2. Exclusions, subparagraph n, is replaced by the following: n. Recall of Products, Work or Impaired Property Damages claimed for any loss, cost or expense incurred by you or others for the loss of use, withdrawal, recall, inspection, repair, replacement, adjustment, removal or disposal of: (1) "Your product'; (2) "Your work"; or (3) "Impaired property"; if such product, work, or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect, deficiency, inadequacy or dangerous condition in it, but this exclusion does not apply to "product recall expenses" that you incur for the "covered recall" of "your product'. However, this exception to the exclusion does not apply to "product recall expenses" resulting solely from: (4) Failure of any products to accomplish their intended purpose; (5) Breach of warranties of fitness, quality, durability or performance; (6) Loss of customer approval, or any cost incurred to regain customer approval; (7) Redistribution or replacement of "your product' which has been recalled by like products or substitutes; (8) Caprice or whim of the insured; (9) A condition likely to cause loss of which any insured knew or had reason to know at the inception of this insurance; (10)Asbestos, including loss, damage or clean up resulting from asbestos or asbestos containing materials; (11)Recall of "your products" that have no known or suspected defect solely because a known or suspected defect in another of "your products" has been found. b. The following is added to SECTION II — WHO IS AN INSURED, Paragraph 3.: COVERAGE A does not apply to "product recall expense" arising out of any withdrawal or recall that occurred before you acquired or formed the organization. c. For the purposes of this endorsement only, the following is added to SECTION III — LIMITS OF INSURANCE: Product Recall Expense Limits of Insurance a. The Limits of Insurance shown in the SUMMARY OF COVERAGES of this endorsement and rules stated below fix the most we will pay under this Product Recall Expense Coverage regardless of the number of: (1) Insureds: (2) "Covered Recalls" initiated: or (3) Number of "your products" withdrawn. b. The Product Recall Expense Aggregate Limit is the most we will reimburse you for the sum of all "product recall expenses" incurred for all "covered recalls" initiated during the policy period. c. The Product Recall Expense Each Occurrence Limit is the most we will pay in connection with any one defect or deficiency. d. All "product recall expenses" in connection with substantially the same general harmful condition will be deemed to arise out of the same defect or deficiency and considered one "occurrence". e. Any amount reimbursed for "product recall expenses" in connection with any one "occurrence" will reduce the amount of the 421-2926 06 15 Includes copyrighted material of Insurance Services Office, Inc., with it permission. Page 4 of 6 Product Recall Expense Aggregate Limit available for reimbursement of "product recall expenses" in connection with any other defect or deficiency. If the Product Recall Expense Aggregate Limit has been reduced by reimbursement of "product recall expenses" to an amount that is less than the Product Recall Expense Each Occurrence Limit, the remaining Product Recall Expense Aggregate Limit is the most that will be available for reimbursement of "product recall expenses" in connection with any other defect or deficiency. g. Product Recall Deductible We will only pay for the amount of "product recall expenses" which are in excess of the $500 Product Recall Deductible. The Product Recall Deductible applies separately to each "covered recall". The limits of insurance will not be reduced by the amount of this deductible. We may, or will if required by law, pay all or any part of any deductible amount, if applicable. Upon notice of our payment of a deductible amount, you shall promptly reimburse us for the part of the deductible amount we paid. The Product Recall Expense Limits of Insurance apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for the purposes of determining the Limits of Insurance. d. The following is added to SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 2. Duties in the Event of Occurrence, Offense, Claim or Suit: You must take the following actions in the event of an actual or anticipated "covered recall" that may result in "product recall expense": (1) Give us prompt notice of any discovery or notification that 'your product' must be withdrawn or recalled, including a description of 'your product' and the reason for the withdrawal or recall; and (2) Cease any further release, shipment, consignment or any other method of distribution of like or similar products until it has been determined that all such products are free from defects that could be a cause of loss under this insurance. e. The following definitions are added to SECTION V — DEFINITIONS: "Covered recall," means a recall made necessary because you or a government body has determined that a known or suspected defect, deficiency, inadequacy, or dangerous condition in "your product' has resulted or will result in "bodily injury" or "property damage". "Product recall expense" means: a. Necessary and reasonable expenses for: (1) Communications, including radio or television announcements or printed advertisements including stationery, envelopes and postage; (2) Shipping the recalled products from any purchaser, distributor or user to the place or places designated by you; (3) Remuneration paid to your regular "employees" for necessary overtime; (4) Hiring additional persons, other than your regular "employees"; (5) Expenses incurred by "employees" including transportation and ac- commodations; (6) Expenses to rent additional ware- house or storage space; (7) Disposal of "your product', but only to the extent that specific methods of destruction other than those employed for trash discarding or disposal are required to avoid "bodily injury" or "property damage" as a result of such disposal; You incur exclusively for the purpose of recalling "your product'; and b. Your lost profit resulting from such "covered recall'. f. This Product Recall Expense Coverage does not apply: (1) If the "products — completed operations hazard" is excluded from coverage under this Coverage Part including any endorsement thereto; or (2) To "product recall expense" arising out of any of `your products" that are otherwise excluded from coverage under this Coverage Part including endorsements thereto. 13. Property Damage Legal Liability — Broad Form 421-2926 06 15 Includes copyrighted material of Insurance Services Office, Inc., with it permission. Page 5 of 6 a. SECTION I — COVERAGES, COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY, the last paragraph (after the exclusions) is replaced by the following: Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke or leakage from fire protective systems to premises while rented to you or temporarily occupied by you with the permission of the owner. A separate limit of insurance applies to this coverage as described in SECTION III — LIMITS OF INSURANCE. b. SECTION III — LIMITS OF INSURANCE, Paragraph 6. is replaced by the following: 6. Subject to Paragraph 5. above, The Damage to Premises Rented to You Limit is the most we will pay under COVERAGE A for damages because of "property damage" to any one premises from fire, lightning, explosion, smoke and leakage from fire protective systems to premises, while rented to you or temporarily occupied by you with permission of the owner. The Damage to Premises Rented to You Limit is the higher of: results from fire, lightning, explosion, smoke, leakage from fire protective systems or any combination of any of these. c. SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 4. Other Insurance, subparagraph b. Excess Insurance, item (a)(ii) is replaced by the following: (ii) That is fire, lightning, explosion, smoke or leakage from fire protective systems insurance for premises rented to you or temporarily occupied by you with permission of the owner; or d. SECTION V — DEFINITIONS, Definition 9. "Insured contract", Paragraph a. is replaced by the following: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, smoke or leakage from fire protective systems to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract'. a. $1,000,000; or e. This coverage does not apply if Damage to b. The Damage to Premises Rented to Premises Rented to You is excluded either by You Limit shown in the Declarations. the provisions of the Coverage Part or by endorsement. This limit will apply to all damage caused by the same event, whether such damage ALL OTHER TERMS, CONDITIONS, AND EXCLUSIONS REMAIN UNCHANGED. 421-2926 06 15 Includes copyrighted material of Insurance Services Office, Inc., with it permission. Page 6 of 6 Policy Number: ZHD—H873804-04, Extenet Systems LLC THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED BY CONTRACT ORAGREEMENT -WITH PRODUCTS -COMPLETED OPERATIONS COVERAGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to SECTION II — WHO IS AN INSURED: Additional Insured — Written Contract, Agreement or Permit a. Any person or organization as required by a written contract, agreement or permit to add as an additional insured on your policy is an additional insured but only with respect to liability for "bodily injury", "property damage", or "personal and advertising injury" caused, in whole or in part, by your acts or omissions, or the acts or omissions of those acting on your behalf, and only with respect to: (1) "Your work" for the additional insured(s) designated in the contract, agreement or permit; (2) Premises you own, rent, lease or occupy; (3) Your maintenance, operation or use of equipment leased to you; or (4) "Your work" for the additional insured(s) designated in the contract, agreement or permit including "bodily injury" or "property damage" included in the "products - completed operations hazard" provided that: (a) This Coverage Part provides such coverage; and (b) The written contract, agreement or permit requires such coverage for the additional insured. b. If the written contract or agreement specifically requires you to add an additional insured to your policy via endorsement CG 20 10 11 85, CG 20 10 10 93, CG 20 10 03 97, CG 20 10 10 01 or endorsement CG 20 37 10 01, then the words "caused in whole or in part by in paragraph a. above are replaced by the words "arising out of'. c. The insurance afforded to such additional insured described above: (1) Only applies to the extent permitted by law. (2) Will not be broader than the insurance which you are required by the contract, agreement or permit to provide for such additional insured. (3) Is primary to and will not seek contribution from any other insurance available to such additional insured provided that: (a) The additional insured is a Named Insured under such other insurance; and (b) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. (4) Will not be broader than coverage provided to any other insured. (5) Does not apply if the "bodily injury", "property damage" or "personal and advertising injury" is otherwise excluded from coverage under this Coverage Part, including any endorsements thereto. d. This provision does not apply: (1) Unless the written contract or agreement was executed or permit was issued prior to the "bodily injury", "property damage", or "personal and advertising injury". (2) To any person or organization included as an insured by another endorsement issued by us and made part of this Coverage Part. (3) If the "bodily injury", "property damage", or "personal and advertising injury" arises out of sole negligence of the additional insured. (4) To any lessor of equipment: (a) After the equipment lease expires; or (b) If the "bodily injury", "property damage", or "personal and advertising injury" arises out of sole negligence of the lessor 421-4490 10 18 Includes copyrighted material of Insurance Services Office, Inc., with its permssion. Page 1 of 2 Copyright 2017 The Hanover Insurance Company. All Rights Reserved. (5) To any: (a) Owners or other interests from whom land has been leased if the "occurrence" takes place or the offense is committed after the lease for the land expires; or (b) Managers or lessors of premises if (i) The occurrence takes place after you cease to be a tenant in that premises; or (ii) The "bodily injury", "property damage", "personal and advertising injury" arises out of structural alterations, new con- struction or demolition operations performed by or on behalf of the manager or lessor. (6) To "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or the failure to render any professional services. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage" or the offense which caused the "personal and advertising injury" involved the rendering of or failure to render any professional services by or for you. B. With respect to the insurance afforded to these additional insureds, the following is added to SECTION III — LIMITS OF INSURANCE: The most we will pay on behalf of the additional insured for a covered claim is the lesser of the amount of insurance: 1. Required by the written contract, agreement or permit described in paragraph A.a.; or 2. Available under the applicable Limits of Insurance shown in the Declarations or any endorsement to this policy. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. ALL OTHER TERMS, CONDITIONS, AND EXCLUSIONS REMAIN UNCHANGED. 421-4490 10 18 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 2 Copyright 2017 The Hanover Insurance Company. All Rights Reserved. Policy Number: UHD-H873810-04, Extenet Systems LLC THIS ENDORSEMENT MODIFIES THE POLICY. PLEASE READ IT CAREFULLY WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: HANOVER COMMERCIAL FOLLOW FORM EXCESS AND UMBRELLA POLICY SCHEDULE Name of Person or Organization: Blanket where required by written contract If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The following is added to Section Vill. CONDITIONS, paragraph 19. Transfer of Your Rights and Duties Under this Policy: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products -completed operations hazard" provided that: a. The contract was executed prior to the loss; b. The contract requires that the "underlying insurance" and this policy be primary and non- contributory; and c. The "underlying insurance" provides coverage to such person(s) or organization(s) and specifies that such coverage is primary and noncontributory. ALL OTHER TERMS, CONDITIONS, AND EXCLUSIONS REMAIN UNCHANGED. Page 1 of 1 475-0231 12 14 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Policy Number: AHD-H855961-04, Extenet Systems LLC THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS BUSINESS AUTO COVERAGE BROADENING ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. SUMMARY OF COVERAGES 1. Employee Hired "Auto" Included 2. Named Insured - Broad Form Included 3. Employees as Insureds Included 4. Supplementary Payments Increased Limits - Bail Bonds $2,500 -Loss of Earnings $500 5. Amended Fellow Employee Exclusion Included 6. Expense of Returning a Stolen "Auto" Included 7. Sign Coverage $2,000 8. Glass Breakage Deductible - Waiver Included 9. Transportation Expense - Per Day Limit $50 - Maximum Limit $1,500 10. Hired Auto Physical Damage $50,000 11. Audio, Visual and Data Electronic Equipment $500 12. Rental Reimbursement and Material Transfer Expense - Number of Days 60 days -Limit $3,000 13. Airbag Coverage Included 14. Auto Loan/Lease Gap Coverage Included 15. Knowledge of Any Accident Included 16. Unintentional Failure to Disclose Hazards Included 17. Bodily Injury Redefined Included 1. EMPLOYEE HIRED "AUTOS" SECTION 1 - COVERED AUTOS, A. Description Of Covered Auto Designation Symbols; Symbol 8 is replaced by the following: 8 = Hired "Autos" Only - Only those "autos" you lease, hire, rent or borrow; including "autos" your "employee" hires at your direction, for the purpose of conducting your business. This does not include any "auto" you lease, hire, rent, or borrow from any of your "employees" or partners (if you are a partnership) or members (if you are a limited liability company) or members of their households. 2. NAMED INSURED - BROAD FORM The following is added to the SECTION II - LIABILITY COVERAGE, A. Coverage; 1. Who Is An Insured d. Any business entity for which you have a financial interest greater than 50% of the voting stock or otherwise have a controlling interest after the effective date of the policy or that is newly acquired or formed by you during the term of this policy. The coverage provided by this provision is afforded until expiration or termination of this policy, whichever occurs earlier. Page 1 of 6 461-0265 (09/06) Includes copyrighted material of Insurance Services Office, Inc. with its permission The coverage provided by this provision does not apply to any business entity described in d. above that qualifies as an insured under any other automobile liability policy issued to that business entity as a named insured or would have been an insured except for the exhaustion of the policy limits or the insolvency of the insurer. The coverage provided by these provisions does not apply to "bodily injury' or "property damage" arising from an accident that occurred prior to your acquiring or forming the business entity described in d. above. 3. EMPLOYEES AS INSUREDS The following is added to the SECTION II — LIABILITY COVERAGE, A. Coverage; 1. WHO IS AN INSURED e. Any "employee" of yours is an "insured" while using a covered "auto" you do not own, hire or borrow in your business or your personal affairs. 4. SUPPLEMENTARY PAYMENTS SECTION II — LIABILITY COVERAGE, A. Coverage, 2. Coverage Extensions, a. Supplementary Payments, (2) and (4) are replaced by the following: (2) Up to $2,500 for cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work. 5. AMENDED FELLOW EMPLOYEE EXCLUSION The following is added to the SECTION II — LIABILITY COVERAGE, B. Exclusions 5. Fellow Employee This exclusion does not apply if the "bodily injury" arises from the use of a covered "auto" you own or hire. This coverage is excess of other valid and collectible insurance, regardless whether such other insurance provides primary, excess or contingent coverages or purports to be excess over this insurance or any other valid and collectible insurance. 6. EXPENSE OF RETURNING A STOLEN "AUTO" The following is added to SECTION III — PHYSICAL DAMAGE COVERAGE, A. COVERAGE, 1. d. Expense Of Returning A Stolen "Auto" We will pay for the expense of returning a stolen covered "auto' to you. 7. SIGN COVERAGE The following is added to SECTION III — PHYSICAL DAMAGE COVERAGE, A. COVERAGE, 1. e. Sign Coverage We will pay for "loss" to signs, murals, paintings or graphics, as part of equipment, which are displayed on a covered "auto." The most we will pay for "loss" in any one "accident' is the lesser of: 1. The actual cash value of the damaged or stolen property as of the time of the "loss"; or 2. The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality; or 3. $2,000. Page 2 of 6 461-0265 (09/06) Includes copyrighted material of Insurance Services Office, Inc. with its permission 8. GLASS BREAKAGE DEDUCTIBLE - WAIVER The following is added to SECTION III — PHYSICAL DAMAGE COVERAGE, A. COVERAGE, 3. Glass Breakage — Hitting A Bird Or Animal — Falling Objects Or Missiles: Any deductible shown in the Declarations as applicable to the covered "auto" will not apply to glass breakage if such glass is repaired, rather than replaced. 9: TRANSPORTATION EXPENSE SECTION III — PHYSICAL DAMAGE COVERAGE, A. COVERAGE, 4. Coverage Extension, a. Transportation Expenses is replaced with the following: a. We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense incurred by you because of the total theft of a covered "auto" of the private passenger type. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 24 hours after the theft and ending, regardless of the policy's expiration, when the covered "auto" is returned to use or we pay for its "loss." 10. HIRED AUTO PHYSICAL DAMAGE The following is added to SECTION III — PHYSICAL DAMAGE COVERAGE, A. COVERAGE: 5. Hired Auto Physical Damage If hired "autos" are covered "autos" for Liability Coverage and if Physical Damage Coverage of Comprehensive, Specified Causes of Loss, or Collision is provided under this Coverage Form for any "auto" you own, then the Physical Damage Coverage(s) provided is extended to "autos" you hire without a driver or your "employee" hires, without a driver, at your direction, for the purpose of conducting your business, for a period of 30 days or less, of like kind and use as the "autos" you own, subject to the following: The most we will pay for "loss" in any one "accident" is the lesser of the following: a. The actual cash value of the damaged or stolen property as of the time of the "loss"; or b. The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality; or c. $50,000 minus the deductible equal to the lowest deductible applicable to any owned "auto" for that coverage. Any deductible shown in the Declarations does not apply to "loss" caused by fire or lightning. Subject to the limit and deductible stated above, we will provide coverage equal to the broadest coverage provided to any covered "auto" you own, that is applicable to the "loss". If the "loss" arises from an accident for which you are legally liable and the lessor incurs an actual financial loss from that accident, we will cover the lessor's actual financial loss of use of the hired "auto" for a period of up to seven consecutive days from the date of the accident, subject to a limit of $1,000 per accident. 11. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE The following is added to SECTION III — PHYSICAL DAMAGE COVERAGE, A. COVERAGE: Page 3 of 6 461-0265 (09/06) Includes copyrighted material of Insurance Services Office, Inc. with its permission 6. Audio, Visual and Data Electronic Equipment Coverage We will pay with respect to a covered "auto" for "loss" to any electronic equipment that receives or transmits audio, visual or data signals and that is not designed solely for the reproduction of sound. This coverage applies only if the equipment is permanently installed in the covered "auto" at the time of the "loss" or the equipment is removable from the housing unit which is permanently installed in the covered "auto" at the time of the "loss", and such equipment is designed to be solely operated by use of the power from the "auto's" electrical system, in or upon the covered "auto", including its antennas and other accessories. However, this does not include tapes, records or discs. The exclusions that apply to PHYSICAL DAMAGE COVERAGE, except for the exclusion relating to Audio, Visual and Data Electronic Equipment, also apply to coverage provided herein. In addition, the following exclusions apply: We will not pay, under this coverage, for either any electronic equipment or accessories used with such electronic equipment that is: Necessary for the normal operation of the covered "auto" or the monitoring of the covered "auto's" operating system; or The most we will pay for all "loss" to audio, visual or data electronic equipment and any accessories used with this equipment as a result of any one "accident" is the lesser of: The actual cash value of the damaged or stolen property as the time of the "loss"; or b. The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality; or c. $500 An adjustment for depreciation and physical condition will be made in determining actual cash value at the time of the "loss." Deductibles applicable to PHYSICAL DAMAGE COVERAGE, do not apply to this Audio, Visual and Data Electronic Equipment Coverage. If there is other coverage provided by this policy for audio, visual and data electronic equipment, the coverage provided herein is excess. However, you may elect to apply the limit or any portion thereof of coverage provided herein to pay any deductible that is applicable under the provisions of the other coverage. 12. RENTAL REIMBURSEMENT and MATERIAL TRANSFER EXPENSE 2. Both: The following is added to SECTION III — a. An integral part of the same unit PHYSICAL DAMAGE COVERAGE, A. housing any sound reproducing COVERAGE: equipment designed solely for the reproduction of sound if the 7. Rental Reimbursement and Material sound reproducing equipment is Transfer Expense permanently installed in the This coverage provides only those covered "auto," and Physical Damage Coverages where a premium is shown in the Declarations. It b. Permanently installed in the applies only to a covered "auto" opening of the dash or console described or designated to which the normally used by the Physical Damage Coverages apply. manufacturer for the installation Page 4 of 6 of the radio. 461-0265 (09/06) Includes copyrighted material of Insurance Services Office, Inc. with its permission We will pay for rental reimbursement expenses incurred by you for the rental of an "auto" because of "loss" to a covered "auto. Payment applies in addition to the otherwise applicable amount of each coverage you have on a covered "auto." No deductibles apply to this coverage. We will pay only for those expenses incurred during the policy period beginning 24 hours after the "loss" and ending, regardless of the policy's expiration, with the lesser of the following number of days: 1. the number of days reasonably required to repair or replace the covered "auto." If "loss" is caused by theft, this number of days is added to the number of days it takes to locate the covered "auto" and return it to you; or 2. 60 days. Our payment is limited to the lesser of the following amounts: 1. Necessary and actual expenses incurred, including loss of use; or 2. $3,000 This auto rental expense coverage does not apply while there are spare or reserve "autos" available to you for your operations. If "loss" results from the total theft of a covered "auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided for under the SECTION III — PHYSICAL DAMAGE COVERAGE, A. 4. Coverage Extension. For the purposes of this coverage, rental reimbursement expenses include the expenses you incur to remove and transfer materials and equipment from the "covered auto". 13. AIRBAG COVERAGE The following is added to SECTION III — PHYSICAL DAMAGE COVERAGE, B. Exclusions, 3. a. The portion of this exclusion relating to mechanical or electrical breakdown does not apply to the accidental discharge of an airbag. This coverage is excess of other valid and collectible insurance or warranty, regardless whether such other insurance provides primary, excess or contingent coverages or purports to be excess over this insurance or any other valid and collectible insurance. No deductible applies to this Airbag Coverage. 14. AUTO LOAN/LEASE GAP COVERAGE The Physical Damage Coverage Section is amended by the addition of the following. - In the event of a total "loss" to a covered "auto" shown in the Declarations, we will pay any unpaid amount due on the lease or loan for a covered "auto", less: 1. The amount paid under the Physical Damage Coverage Section of the policy; and 2. Any: a. Overdue lease/loan payments at the time of the "loss"; b. Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; 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 and leases. 461-0265 (09106) Includes copyrighted material of Insurance Services Office, Inc. with its permission Page 5 of 6 15. KNOWLEDGE OF ANY ACCIDENT The following is added to SECTION IV — BUSINESS AUTO CONDITIONS, A. Loss Conditions, 2. Duties In The Event Of Accident, Claim, Suit Or Loss: d. Knowledge of any "accident', claim, "suit' or "loss" will be considered knowledge of the insured if reported to an individual named insured, partner, executive officer or an "employee" designated by you to give us such a notice. 16. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS The following is added to SECTION IV — BUSINESS AUTO CONDITIONS. B. GENERAL CONDITIONS, 2. Concealment, Misrepresentation or Fraud: Your unintentional error in disclosing, or failure to disclose, any material fact existing after the effective date of this Coverage Form shall not prejudice your rights under this Coverage Form. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or nonrenewal. 17. BODILY INJURY REDEFINED SECTION V — DEFINITIONS, C. "Bodily injury," is replaced by the following: C. "Bodily injury" means bodily injury, disability, sickness or disease sustained by a person, including death resulting from any of these. "Bodily injury" includes mental anguish or other mental injury resulting from "bodily injury". Page 6 of 6 461-0265 (09/06) Includes copyrighted material of Insurance Services Office, Inc. with its permission Policy Number: AHD-H855961-04, Extenet Systems LLC THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE PART A. The following is added to SECTION II - LIABILITY COVERAGE, Paragraph A.I. Who Is An Insured: Additional Insured if Required by Contract If you agree in a written contract, written agreement or written permit that a person or organization be added as an additional "insured" under this Coverage Part, such person or organization is an "insured"; but only to the extent that such person or organization qualifies as an "insured" under paragraph A.1.c. of this Section. If you agree in a written contract, written agreement or written permit that a person or organization be added as an additional "insured" under this Coverage Part, the most we will pay on behalf of such additional "insured" is the lesser of: (1) The Limits of Insurance for liability coverage specified in the written contract, written agreement or written permit; or (2) The Limits of Insurance for Liability Coverage shown in the Declarations applicable to this Coverage Part. Such amount shall be part of and not in addition to the Limits of Insurance shown in the Declarations applicable to this Coverage Part. Regardless of the number of covered "autos", "insureds", premiums paid, claims made or vehicles involved in the "accident', the most we will pay for the total of all damages and "covered pollution cost or expense" combined resulting from any one "accident' is the Limit of Insurance for Liability Coverage shown in the Declarations. B. The following is added to SECTION IV - BUSINESS AUTO CONDITIONS, Paragraph B. General Conditions, subparagraph 5. Other Insurance: Primary and Non -Contributory If you agree in a written contract, written agreement or written permit that the insurance provided to a person or organization who qualifies as an additional "insured" under SECTION II - LIABILITY COVERAGE, Paragraph A.1. Who Is An Insured, subparagraph Additional Insured if Required by Contract is primary and non-contributory, the following applies: The liability coverage provided by this Coverage Part is primary to any other insurance available to the additional "insured" as a Named Insured. We will not seek contribution from any other insurance available to the additional "insured" except: (1) For the sole negligence of the additional "insured"; or (2) For negligence arising out of the ownership, maintenance or use of any "auto" not owned by the additional "insured" or by you, unless that "auto" is a "trailer" connected to an "auto" owned by the additional "insured" or by you; or (3) When the additional "insured" is also an additional "insured" under another liability policy. C. This endorsement will apply only if the "accident" occurs: 1. During the policy period; 2. Subsequent to the execution of the written contract or written agreement or the issuance of the written permit; and 3. Prior to the expiration of the period of time that the written contract, written agreement or written permit requires such insurance to be provided to the additional "insured". D. Coverage provided to an additional "insured" will not be broader than coverage provided to any other "insured" under this Coverage Part. ALL OTHER TERMS, CONDITIONS, AND EXCLUSIONS REMAIN UNCHANGED. 461-0478 12 12 Includes copyrighted material of ISO Insurance Services Office, Inc., with its permission Page 1 of 1 Hanover Insurance Group- AHDH855961 1602431 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective: Countersigned By: Authorized Representative) Named Insured: SCHEDULE Name of Person(s) or Organization(s): BLANKET WHERE REQUIRED BY WRITTEN CONTRACT (If no entry appears above, information required to complete this endorsement will be shown in the Decla- rations as applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision con- tained in Section II of the Coverage Form. CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE POLICY 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 date is indicated below. (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on Policy No. WZD—H856197-04 issued to Premium (if any) $ at 12:01 A.M. standard time, forms a part of (DATE) of the Massachusetts Bay Insurance Company (NAME OF INSURANCE COMPANY) Authorized Representative 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 IL, AZ, CO, CT, DC, FL, GA, KS, MA, MD, MI, MN, MO, MS, NC, NH, NJ, NV, NY, OK, OR, PA, SC, TN, VA THIS ENDORSEMENT APPLIES AS A BLANKET WAIVER OF SUBROGATION FOR ANY PERSON OR ORGANIZATION ON WHOSE BEHALF THE NAMED INSURED HAS AGREED TO OBTAIN THIS WAIVER OF OUR RIGHT TO RECOVER FROM UNDER A WRITTEN CONTRACT OR AGREEMENT. WC 00 03 13 Copyright 1983 National Council on Compensation Insurance Page 1 of 1 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be such remuneration. Person or Organization Blanket where required by written contract % of the California workers' compensation premium otherwise due on Schedule Job Description This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Insured Extenet Systems LLC WC 04 03 06 (Ed 04-84) Policy No. WZD-H856197-04 Endorsement No. Insurance Company Massachusetts Bay Insurance Company Countersigned By TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. 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, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contractto obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. 0 Specific Waiver Name of person or organization ® Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contractto furnish this waiver. 2. Operations: 3. Premium: The premium charge for this endorsement shall be 2 percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Advance Premium: This endorsement changes the policy to w hich it is attached and is effective on the date issued unless otherw ise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 1 / 2 / 2 02 5 Policy No. Endorsement No. Insured Extenet Systems LLC WZD-H856197-04 Premium Insurance Company Countersigned by Massachusetts Bay Insurance Company Page 1 of 1 WC 42 03 04 B (Ed. 6-14) © Copyright 2014 National Council on Compensation Insurance, Inc. All Rights Reserved. NOTICE OF CANCELLATION TO DESIGNATED ENTITY(S) (Including Nonpayment of Premium) This endorsement modifies insurance provided under the following: WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE POLICY SCHEDULE Name of Desi nated Entity Schedule on file with IMA Mailing Address or Email Address Number Days Notice 30 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. If we cancel this policy for any reason, including nonpayment of premium, we will give written notice of such can- cellation to the Designated Entity(s) shown in the Schedule. Such notice may be delivered or sent by any means of our choosing. The notice to the Designated Entity(s) will state the effective date of cancellation. Unless otherwise noted in the Schedule above, such notice will be provided to the Designated Entity(s) no more than the number of days in advance of the effective date of cancellation that we are required to provide to the Named Insured for such cancellation. If the reason for cancellation is nonpayment of premium, however, we will provide ten days notice. Such notice of cancellation is solely for the purpose of informing the Designated Entity(s) of the effective date of cancellation and does not grant, alter, or extend any rights or obligations under this policy. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 01/02/2025 Insured Extenet Systems LLC Policy No. WZD-H856197-04 Endorsement No. Insurance Company Massachusetts Bay Insurance Company Countersigned By Page 1 of 1 331-0341 09 11 Includes copyrighted materials from ISO, Inc. 2003 Policy Number: AHD-H855961-04, Extenet Systems LLC THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO DESIGNATED ENTITY(S) (Including Nonpaymentof Premium) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE PART HANOVER COMMERCIAL FOLLOW FORM EXCESS AND UMBRELLA POLICY COMMERCIAL PROPERTY COVERAGE PART BUSINESS AUTO COVERAGE FORM BUSINESSOWNERS COVERAGE FORM Name of Designated Entity Mailing Address or Email Address Number Days' Notice Schedule on file with IMA 30 SCHEDULE (Information required to complete this Schedule, if not shown above, will be shown in the Declarations.) If we cancel this policy for any reason, including nonpayment of premium, we will give written notice of such cancellation to the Designated Entity(s) shown in the Schedule. Such notice may be delivered or sent by any means of our choosing. The notice to the Designated Entity(s) will state the effective date of cancellation. Unless otherwise noted in the Schedule above, such notice will be provided to the Designated Entity(s) no more than the number of days in advance of the effective date of cancellation that we are required to provide to the Named Insured for such cancellation. If the reason for cancellation is nonpayment of premium, however, we will provide ten days notice. Such notice of cancellation is solely for the purpose of informing the Designated Entity(s) of the effective date of cancellation and does not grant, alter, or extend any rights or obligations under this policy. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. 401-1236 12 14 Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 1 of 1 Policy Number: ZHD-H8733804-04, ExteNet Systems LLC THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO DESIGNATED ENTITY(S) (Including Nonpaymentof Premium) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE PART HANOVER COMMERCIAL FOLLOW FORM EXCESS AND UMBRELLA POLICY COMMERCIAL PROPERTY COVERAGE PART BUSINESS AUTO COVERAGE FORM BUSINESSOWNERS COVERAGE FORM Name of Designated Entity Mailing Address or Email Address Number Days' Notice Schedule on file with IMA 30 SCHEDULE (Information required to complete this Schedule, if not shown above, will be shown in the Declarations.) If we cancel this policy for any reason, including nonpayment of premium, we will give written notice of such cancellation to the Designated Entity(s) shown in the Schedule. Such notice may be delivered or sent by any means of our choosing. The notice to the Designated Entity(s) will state the effective date of cancellation. Unless otherwise noted in the Schedule above, such notice will be provided to the Designated Entity(s) no more than the number of days in advance of the effective date of cancellation that we are required to provide to the Named Insured for such cancellation. If the reason for cancellation is nonpayment of premium, however, we will provide ten days notice. Such notice of cancellation is solely for the purpose of informing the Designated Entity(s) of the effective date of cancellation and does not grant, alter, or extend any rights or obligations under this policy. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. 401-1236 12 14 Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 1 of 1 Policy Number: UHD-H873810-04, ExteNet Systems LLC THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO DESIGNATED ENTITY(S) (Including Nonpaymentof Premium) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE PART HANOVER COMMERCIAL FOLLOW FORM EXCESS AND UMBRELLA POLICY COMMERCIAL PROPERTY COVERAGE PART BUSINESS AUTO COVERAGE FORM BUSINESSOWNERS COVERAGE FORM Name of Designated Entity Mailing Addresser Email Address Number Days' Notice Schedule on file with IMA 30 SCHEDULE (Information required to complete this Schedule, if not shown above, will be shown in the Declarations.) If we cancel this policy for any reason, including nonpayment of premium, we will give written notice of such cancellation to the Designated Entity(s) shown in the Schedule. Such notice may be delivered or sent by any means of our choosing. The notice to the Designated Entity(s) will state the effective date of cancellation. Unless otherwise noted in the Schedule above, such notice will be provided to the Designated Entity(s) no more than the number of days in advance of the effective date of cancellation that we are required to provide to the Named Insured for such cancellation. If the reason for cancellation is nonpayment of premium, however, we will provide ten days notice. Such notice of cancellation is solely for the purpose of informing the Designated Entity(s) of the effective date of cancellation and does not grant, alter, or extend any rights or obligations under this policy. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. 401-1236 12 14 Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 1 of 1 Policy Number: UHD-H873810-04, Extenet Systems LLC HANOVER COMMERCIAL FOLLOW FORM EXCESS AND UMBRELLA POLICY TABLE OF REFERENCE Beginning on Page I. INSURING AGREEMENTS 1. Coverage A— Follow Form Excess Liability Insuring Agreement 2 2. Coverage B — Umbrella Liability Insuring Agreement 2 II. DEFENSE AND SETTLEMENT 1. Coverage A — Follow Form Excess Liability Defense and Settlement 3 2. Coverage B — Umbrella Liability Defense and Settlement 4 III. WHO IS AN INSURED 1. Coverage A — Follow Form Excess Liability Who Is An Insured 4 2. Coverage B — Umbrella Liability Who Is An Insured 4 IV. COVERAGE TERRITORY 1. Coverage A — Follow Form Excess Liability 5 2. Coverage B — Umbrella Liability 5 V. SUPPLEMENTAL PAYMENTS Applicable to Both Coverage A — Follow Form Excess Liability and Coverage B — 5 Umbrella Liability VI. LIMITS OF INSURANCE Applicable to Both Coverage A — Follow Form Excess Liability and Coverage B — 6 Umbrella Liability VII. EXCLUSIONS 1. Applicable to Both Coverage A— Follow Form Excess Liability and Coverage B 7 — Umbrella Liability 2. Applicable to Coverage A - Follow Form Excess Liability Only 8 3. Applicable to Coverage B - Umbrella Liability Only 10 VIII.CONDITIONS Applicable to Both Coverage A - Follow Form Excess Liability and Coverage B — 12 Umbrella Liability IX. DEFINITIONS Applicable to Both Coverage A. Follow Form Excess Liability and Coverage B. 15 Umbrella 475-0001 12 22 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Page 1 of 20 Copyright 2022 The Hanover Insurance Company. All Rights Reserved. HANOVER COMMERCIAL FOLLOW FORM EXCESS AND UMBRELLA POLICY Various provisions of this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. We will not pay sums or perform acts or services unless explicitly provided for in this policy. Throughout this policy the words you and your refer to the Named Insured shown in the Declarations and any other person or organization qualifying as a Named Insured under this policy. The words we, us and our refer to the Company providing this insurance. Other words and phrases that appear in quotation marks have special meaning. Refer to the Definitions Section of this policy. I. INSURING AGREEMENTS 1. Coverage A — Follow Form Excess Liability Insuring Agreement a. We will pay on behalf of the insured those sums in excess of the "underlying insurance" which the insured becomes legally obligated to pay as damages, provided: (1) Such damages are covered by "underlying insurance"; (2) The event which triggers coverage on the "underlying insurance" takes place during the policy period of this insurance, and (3) The applicable Limit of Insurance of the "underlying insurance" is exhausted by payment of judgments, settlements, related costs or expenses for damages also covered under this policy. We will not pay if the Limit of Insurance of "underlying insurance" is exhausted by payment for damages to which this insurance does not also apply. b. We will not pay damages that the "underlying insurance" does not pay for any reason other than exhaustion of limits of the "underlying insurance" by payment of judgments, settlements, related costs or expenses. c. The terms and conditions of the "underlying insurance" in effect at the inception of this policy apply unless they are inconsistent with the terms and conditions of this policy. d. The amount we will pay for damages is limited as described in section VI. LIMITS OF INSURANCE. e. We have no obligation under this insurance with respect to any claim or "suit' settled without our consent. f. This policy does not apply to any part of loss within the Limit of Insurance of "underlying insurance", or any related costs or expenses. g. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under section II. DEFENSE AND SETTLEMENT and section V. SUPPLEMENTAL PAYMENTS. 2. Coverage B — Umbrella Liability Insuring Agreement a. We will pay on behalf of the insured those sums in excess of the "retained limit shown in the Declarations which the insured becomes legally obligated to pay as damages because of "bodily injury", "property damage", "personal injury" and "advertising injury" to which this coverage applies, provided: (1) The: (a) "Bodily injury" or "property damage" is caused by an "occurrence"; or (b) "Personal injury" and "advertising injury" is caused by an offense arising out of your business; Which took place within the coverage territory as described in section IV. COVERAGE TERRITORY; (2) The "bodily injury" or "property damage" occurs during the policy period, and the offense causing "personal injury" or "advertising injury" is first committed during our policy period; and (3) Prior to the policy period, no insured and no "employee" authorized by you to give or receive notice of an "occurrence", offense or claim, knew that the "bodily injury", "property 475-0001 12 22 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Page 2 of 20 Copyright 2022 The Hanover Insurance Company. All Rights Reserved. damage", "personal injury" or "advertising injury" had occurred, in whole or in part. If such an insured or authorized "employee" knew, prior to the policy period, that the "bodily injury", "property damage", "personal injury" or "advertising injury" occurred, then any continuation, change or resumption of such "bodily injury", "property damage, "personal injury" or "advertising injury" during or after the policy period will be deemed to have been known prior to the policy period. However, "bodily injury", "property damage", "personal injury" or "advertising injury" which occurs during the policy period and was not, prior to the policy period, known to have occurred by any insured or by any "employee" authorized by you to give or receive notice of an "occurrence", offense or claim, includes any continuation, change or resumption of that "bodily injury", "property damage", "personal injury" or "advertising injury" after the end of the policy period. b. "Bodily injury", "property damage", "personal injury" or "advertising injury" will be deemed to have been known to have occurred at the earliest time when any insured, or any "employee" authorized by you to give or receive notice of an "occurrence", offense or claim: (1) Reports all or any part of the "bodily injury", "property damage", "personal injury" or "advertising injury" to us or any other insurer; (2) Receives a written or verbal demand or claim for damages because of the "bodily injury", "property damage", "personal injury" or "advertising injury"; or (3) Becomes aware by any other means that "bodily injury", "property damage", "personal injury" or "advertising injury" has occurred or has begun to occur. c. Coverage B — Umbrella Liability Insuring Agreement does not apply to: (1) Any claim or "suit' which is covered by "underlying insurance" regardless of whether or not the "underlying insurance" is available or the limits have been exhausted; (3) Any costs or expenses related to loss as described by c.(1) or c.(2) above. d. The amount we will pay for damages is limited as described in section VI. LIMITS OF INSURANCE. e. We have no obligation under this insurance with respect to any claim or "suit' settled without our consent. f. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under section II. DEFENSE AND SETTLEMENT and section V. SUPPPLEMENTARY PAYMENTS. II. DEFENSE AND SETTLEMENT 1. Coverage A — Follow Form Excess Liability Defense and Settlement: We have the right and duty to defend the insured against any "suit' seeking damages to which this insurance applies. If the "underlying insurer" defends a "suit' even if such "suit' is groundless, false or fraudulent, we will also defend such a "suit'. We have no duty to defend any person or organization against any claim or "suit": (1) To which this insurance does not apply; or (2) If any other insurer has a duty to defend. b. Where we have the duty to defend, we may, at our discretion, investigate any occurrence or offense and settle any claim or "suit'. c. Where we have no duty to defend, we have the right to participate in the investigation and settlement of any claim, and defense of any "suit', that we feel may create liability on our part under the terms and conditions of this policy. If we exercise this right, we will do so at our own expense. d. Our duty to defend ends when we have used up the applicable Limit of Insurance in the payment of judgments or settlements. However, if the Limits of Insurance of any "underlying insurance" are reduced by defense or claim expense under the terms of that policy, then our duty to defend ends when we have used up the applicable Limit of Insurance in the payment of judgments, settlements, and defense or claim expense as defined in the "underlying insurance". (2) Any claim or "suit' covered by 2. Coverage B — Umbrella Liability Defense Coverage A — Follow Form Excess and Settlement: Liability Insurance of this policy; or 475-0001 12 22 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Page 3 of 20 Copyright 2022 The Hanover Insurance Company. All Rights Reserved. a. We have the right and duty to defend the coverage provided by the "underlying insured against any "suit' because of insurance". The inclusion of Additional "bodily injury", "property damage", Insureds does not increase the Limit of "personal injury" or "advertising injury" to Insurance. which this insurance applies, even if such 2. Coverage B — Umbrella Liability Who Is An "suit" is groundless, false or fraudulent. We Insured: have no duty to defend any person or organization against any claim or "suit": a. If you are designated in the Declarations (1) To which this insurance does not apply; as: or (1) An individual, you and your spouse are insureds, but only with respect to the (2) If any other insurer has a duty to conduct of a business of which you are defend. the sole owner. b. Where we have the duty to defend, we (2) A partnership or joint venture, you are may, at our discretion, investigate any an insured. Your members, your "occurrence" or offense and settle any partners, and their spouses are also claim or "suit". insureds, but only with respect to the c. Where we have no duty to defend, we have conduct of your business. the right to participate in the investigation (3) A limited liability company, you are an and settlement of any claim, and defense insured. Your members are also of any "suit", that we feel may create liability insured's, but only with respect to the on our part under the terms and conditions conduct of your business. Your of this policy. If we exercise this right, we managers are insureds, but only with will do so at our own expense. respect to their duties as your d. Our duty to defend ends when we have managers. used up the applicable Limit of Insurance in (4) An organization other than a the payment of judgments or settlements. partnership, joint venture or limited However, if the Limits of Insurance of any liability company, you are an insured. "underlying insurance" are reduced by Your "executive officers" and directors defense or claim expense under the terms are insureds, but only with respect to of that policy, then our duty to defend ends their duties as your officers or directors. when we have used up the applicable Limit Your stockholders are also insureds, of Insurance in the payment of judgments, but only with respect to their liability as settlements, and defense or claim expense stockholders. as defined in the "underlying insurance". (5) A trust, you are an insured. Your III. WHO IS AN INSURED trustees are also insureds, but only 1. Coverage A — Follow Form Excess Liability with respect their duties as trustees. Who Is An Insured: b. Each of the following is also an insured: The following persons or organizations qualify (1) Your "volunteer workers" only while as an insured: performing duties related to the a. The named insured stated in Item 1 of the conduct of your business, or your Declarations; and "employees", other than your b. Any other person or organization qualifying "executive officers" (if you are an as an insured under the "underlying organization other than a partnership, insurance" but not beyond the extent of any joint venture or limited liability limitation imposed under any contract or company) or your managers (if you are agreement. a limited liability company), but only for acts within the scope of their If coverage provided to an Additional employment by you or while Insured is required by contract or performing duties related to the agreement, the most we will pay on behalf conduct of your business. However, of the Additional Insured is the amount of none of these "employees" or insurance required by the contract, less "volunteer workers" is an insured for: any amounts payable by "underlying insurance". (a) "Bodily injury", "personal injury" or "advertising injury": Additional Insured coverage provided by this insurance will not be broader than 475-0001 12 22 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Page 4 of 20 Copyright 2022 The Hanover Insurance Company. All Rights Reserved. (i) To you, to your partners or c. Any organization you newly acquire or members (if you are a form, other than a partnership, joint venture partnership or joint venture), to or limited liability company, and over which a co -"employee" while in the you maintain ownership or a majority course of his or her interest, will qualify as a Named Insured if employment or performing there is no other similar insurance available duties related to the conduct of to that organization. However, your business, or to your other (1) Coverage under this provision is "volunteer workers" while afforded only until the 90th day after you performing duties related to acquire or form the organization or the the conduct of your business; end of the policy period, whichever is (ii) To the spouse, child, parent, earlier. brother or sister of the (2) Coverage does not apply to "bodily "employee" or "volunteer injury" or "property damage" that worker" as a consequence of occurred before you acquired or paragraph (a)(1) above; formed the organization; and (iii) For which there is any (3) Coverage does not apply to "personal obligation to share damages injury" and "advertising injury" arising with or repay someone else out of an offense committed before you who must pay damages acquired or formed the organization. because of the injury described in paragraphs (a)(1) No person or organization is an insured or (a)(2) above; or with respect to the conduct of any current or past partnership, joint venture or limited (iv) Arising out of his or her liability company that is not shown as a providing or failing to provide Named Insured in the Declarations. professional health care services. IV. COVERAGE TERRITORY (b) "Property Damage" to property: 1. Coverage A— Follow Form Excess Liability: (i) Owned, occupied or used by; With respect to Coverage A — Follow Form (ii) Rented to, in the care, custody Excess Liability, this insurance applies "underlying anywhere that the applicable or control of, or over which insurance" applies. physical control is being exercised for any purpose by; 2. Coverage B — Umbrella Liability: you, any of your "employees", With respect to Coverage B — Umbrella "volunteer workers", any partner or Liability, this insurance applies anywhere in member (if you are a partnership or the world, with the exception of any country or joint venture), or any member (if jurisdiction subject to sanctions or embargo by you are a limited liability company). the United States of America. (2) Any person (other than your V. SUPPLEMENTAL PAYMENTS "employee" or "volunteer worker"), or Applicable to Both Coverage A — Follow Form any organization while acting as your Excess Liability and Coverage B — Umbrella real estate manager. Liability (3) Any person or organization having 1. We will pay the following expenses in addition proper temporary custody of your to the Limit of Insurance with respect to any property if you die, but only: claim we investigate or settle, or any "suit" (a) With respect to liability arising out against an insured we defend, to the extent of the maintenance or use of that such expenses are not covered by "underlying property; and insurance" or "other insurance": (b) Until your legal representative has a. All expenses we incur. been appointed. b. Up to $2,000 for cost of bail bonds required (4) Your legal representative if you die, but because of accidents or traffic law only with respect to duties as such. violations arising out of the use of any That representative will have all your vehicle to which this coverage applies. We rights and duties under this Coverage do not have to furnish these bonds. Part. 475-0001 12 22 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Page 5 of 20 Copyright 2022 The Hanover Insurance Company. All Rights Reserved. c. The premium costs of appellate bonds or bonds to release attachments, but only for bond amounts within the applicable Limit of Insurance. We do not have to furnish these bonds. d. Reasonable expenses incurred by an insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $1000 a day because of time off from work. e. All costs taxed against an insured in the "suit", except any: (1) Attorneys' fees or litigation expenses; or (2) Other loss, cost or expense in connection with any injunction or equitable relief. f. Pre -judgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable Limit of Insurance, we will not pay any pre -judgment interest based on that period of time after the offer. g. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid, offered to pay, or deposited in court that part of the judgment that is within our applicable limit of insurance. 2. Our obligation to make these payments ends when we have used up the applicable Limit of Insurance. 3. If the Limits of Insurance of any "underlying insurance" are reduced by defense expense or claim expense as defined under the terms of that policy, then any Supplemental Payments we make that meet the "underlying insurance" definition of defense expense or claim expense will reduce our applicable Limits of Insurance in the same manner. 4. If the law of a country or jurisdiction prohibits us from paying a Supplementary Payment, we will reimburse you for a Supplementary Payment you have incurred with our consent. VI. LIMITS OF INSURANCE Applicable to Both Coverage A — Follow Form Excess Liability and Coverage B — Umbrella Liability c. Persons or organizations making claims or bringing "suits"; or d. Coverages provided by this policy. 2. The Products -Completed Operations Aggregate Limit shown in the Declarations is the most we will pay for the sum of all damages included in the "products - completed operations hazard". 3. The General Aggregate Limit shown in the Declarations is the most we will pay for the sum of all damages to which this insurance applies, except: a. Damages Included in the "products - completed operations hazard"; or b. Otherwise covered by "underlying insurance", but to which no aggregate limit in such "underlying insurance" applies. 4. Subject to the applicable Aggregate Limit, the Each Occurrence Limit shown in the Declarations is the most we will pay for damages arising out of any one "occurrence" or offense under Coverage A — Follow Form Excess Liability and Coverage B — Umbrella Liability combined, even if such loss is or otherwise would be covered in whole or part under more than one "underlying insurance". 5. Any amount paid for loss will reduce the amount of the applicable Aggregate Limit available for any other payments. 6. If the applicable Aggregate Limit has been reduced to any amount that is less that the Each Occurrence Limit, the remaining amount of such applicable Aggregate Limit is the most that will be available for any other payments. 7. If the Limits of Insurance of any "underlying insurance" are reduced by defense or claim expenses under the terms of that policy, then any defense or claim expense payments we make to defend any insured will reduce our applicable Limits of Insurance in the same manner. 8. The Aggregate Limits of this policy apply separately to each consecutive annual period. If our policy period is extended to a period greater than twelve (12) months, the extended period will be considered part of the original policy period for determining the Limits of Insurance. VII. EXCLUSIONS 1. The limits of insurance shown in the 1. Applicable to both Coverage A — Follow Form Declarations and the rules below fix the most Excess Liability and Coverage B — Umbrella we will pay regardless of the number of: Liability a. Insureds; This insurance does not apply to: b. Claims made or "suits" brought; 475-0001 12 22 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Page 6 of 20 Copyright 2022 The Hanover Insurance Company. All Rights Reserved. a. Access Or Disclosure Of Confidential Or (4) Manufacture, transportation, storage or Personal Information And Data -Related disposal of asbestos or goods or Liability products containing asbestos; Any liability or expense arising out of: (5) Products manufactured, sold, handled (1) Any access to or disclosure of any or distributed by or on behalf of the person's or organization's confidential insured which contain asbestos; or or personal information, including (6) Acts or omissions of the insured in patents, trade secrets, processing connection with the general methods, customer lists, financial supervision of any job involving the information, credit card information, removal, enclosure, encapsulation, health information or any other type of dispersal, sealing or disposal of nonpublic information; or asbestos, asbestos fibers or products (2) The loss of, loss of use of, damage to, containing asbestos. General corruption of, inability to access, or supervision includes the rendering of inability to manipulate electronic data. or failure to render any instructions, recommendations, warnings or advice. This exclusion applies even if claims are made or "suits" brought for notification c. Damage to Property costs, credit monitoring expenses, forensic "Property damage" or related expenses expenses, public relations expenses or any arising from damage to or loss of use of: other loss, cost or expense incurred by you (1) Real property owned, leased, occupied or others arising out of that which is or in the care, custody or control of any described in Paragraph (1) or (2) above. insured; However, unless Paragraph (1) above (2) Real property loaned to any insured; applies, this exclusion does not apply to liability or expense because of "bodily (3) That particular part of real property on injury". which you or any contractors or subcontractors working directly on your As used in this exclusion, electronic data behalf are performing operations, if the means information, facts or programs "property damage" arises out of those stored as or on, created or used on, or operations. transmitted to or from computer software, including systems and applications (4) That particular part of any property that software, hard or floppy disks, CD-ROMs, must be restored repaired or replaced tapes, drives, cells, data processing because "your work" was incorrectly devices or any other media which are used performed on it. with electronically controlled equipment. (5) Personal property in the care, custody b. Asbestos or control of the insured. "Bodily injury", "property damage", (6) Paragraphs (2) and (3) above do not "personal injury" or "advertising injury" or apply to liability assumed under a any other injury, damage, loss cost or sidetrack agreement. expense arising out of any actual or (7) Paragraph (4) above does not apply to alleged: "property damage" included in the (1) Inhaling, ingesting or prolonged "Products Completed Operations physical exposure by any person to Hazard". asbestos or asbestos fibers or goods or d. Employment Related Practices products containing asbestos; Any claim by or on behalf of: (2) Use of asbestos in constructing or (1) A person arising out of any: manufacturing any good, product or structure; (a) Refusal to employ that person; (3) Intentional or accidental removal (b) Termination of that person's including encapsulation, dispersal, employment; or sealing or disposal of asbestos or (c) Employment -related practices, asbestos fibers from any good, product policies, acts or omissions, such as or structure; coercion, demotion, evaluation, reassignment, discipline, defamation, harassment, 475-0001 12 22 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Page 7 of 20 Copyright 2022 The Hanover Insurance Company. All Rights Reserved. humiliation, discrimination or malicious prosecution directed at that person; or (2) Any person as a consequence of "bodily injury" to that person at whom any of the employment -related practices described in Paragraph (1) above is directed. This exclusion applies: (3) Whether you may be liable as an employer or in any other capacity; and (4) To any obligation to share damages with or repay someone else who must pay damages because of the injury. e. Miscellaneous Laws Any liability or expense under any of the following: (1) Any obligation of the insured under a workers' compensation, disability, benefits or unemployment compensation law or any similar law; (2) Any breach of fiduciary duty, responsibility, or obligation in connection with any employee benefit or pension plan, including violations of the responsibilities, obligations or duties imposed upon fiduciaries by the Employee Retirement Income Security Act of 1974 (ERISA), as amended, or any similar local, state, federal or foreign law or regulations; or (3) Any uninsured or underinsured motorist, no-fault, medical payments, first party personal injury or similar law. f. Nuclear Liability "Nuclear Energy Hazards". g. Recall of Products, Work or Impaired Property Damages claimed for any loss of use, cost, or expense related to recall, withdrawal, disposal or removal of, inspection, repair or replacement of: (1) "Your product" (2) "Your work", or (3) "Impaired property"; if such product, work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect, deficiency, inadequacy or dangerous condition in it. Recording and Distribution of Material in Violation of Law Any liability or expense arising out of any action or omission that violates or is alleged to violate: (1) The Telephone Consumer Protection Act (TCPA), including any amendment of or addition to such law; or (2) The CAN-SPAM Act of 2003, including any amendment of or addition to such law; or (3) The Fair Credit Reporting Act (FCRA) and any amendment of or addition to such law, including the Fair and Accurate Credit Transaction Act (FACTA); or (4) Any federal, state or local statute, ordinance or regulation, other than the TCPA, CAN-SPAM Act of 2003 or FCRA and their amendments and additions, that addresses, prohibits or limits the printing, dissemination, disposal, collecting, recording, sending, transmitting, communicating or distribution of material or information. i. War Any liability or expense arising out of "war". 2. Applicable to Coverage A — Follow Form Excess Liability only: This insurance does not apply to: a. Pollution (1) Any "bodily injury", "property damage", "personal injury" or "advertising injury" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants": (a) At or from any premises, site or location which is or was at any time owned or occupied by, or rented or loaned to, any insured. However, this subparagraph does not apply to: (i) "Bodily injury" if sustained within a building and caused by smoke, fumes, vapor or soot originating from equipment that is used to heat, cool, or dehumidify the building, or equipment that is used to heat water for personal use by the building's occupants or their guests; (ii) "Bodily injury" or "property damage" for which you may be 475-0001 12 22 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Page 8 of 20 Copyright 2022 The Hanover Insurance Company. All Rights Reserved. 475-0001 12 22 held liable, if you are a does not apply if the "bodily contractor and the owner or injury" or "property damage" lessee of such premises, site arises out of the intentional or location has been added to discharge, dispersal or release your policy as an additional of the fuels, lubricants or other insured with respect to your operating fluids, or if such ongoing operations performed fuels, lubricants or other for that additional insured at operating fluids are brought on that premises, site, or location or to the premises, site or and such premises, site or location with the intent that location is not and never was they be discharged, dispersed owned or occupied by, or or released as part of the rented or loaned to, any operations being performed by insured other than the such insured, contractor or additional insured; or subcontractor; (iii) "Bodily injury" or "property (ii) "Bodily injury" or "property damage" arising out of heat, damage" sustained within a smoke or fumes from a hostile building and caused by the fire.; or release of gases, fumes or (b) At or from any premises, site or vapors from materials brought location which is or was at any time into that building in connection used by or for any insured or others with operations being for the handling, storage, disposal, performed by you or on your processing or treatment of waste; behalf by a contractor or subcontractor; or (c) Which are or were at any time transported, handled, stored, (iii) "Bodily injury" or "property treated, disposed of, or processed damage" arising out of heat, as waste by or for any insured or smoke or fumes from a hostile any person or organization for fire. whom you may be legally (e) At or from any premises, site or responsible; or location on which any insured or (d) At or from any premises, site or any contractors or subcontractors location on which any insured or working directly or indirectly on any any contractors or subcontractors insured's behalf are performing working directly or indirectly on any operations if the operations are to insured's behalf are performing test for, monitor, clean up, remove, operations if the "pollutants" contain, treat, detoxify or are brought on or to the premises, neutralize, or in any way respond site or location in connection with to, or assess the effects of, such operations by such insured, "pollutants". contractor or subcontractor. (2) Any loss, cost or expense arising out of However, this subparagraph does any: not apply to: (a) Request, demand, order, statutory, (i) "Bodily injury" or "property or regulatory requirement that any damage" arising out of the insured or others test for, monitor, escape of fuels, lubricants or clean up, remove, contain, treat, other operating fluids which detoxify, or neutralize, or in any are needed to perform the way respond to, or assess the normal electrical, hydraulic or effects of "pollutants"; or mechanical functions (b) Claim or "suit" by or on behalf of a necessary for the operation of governmental authority for "mobile equipment" or its damages because of testing for, parts, such fuels, lubricants monitoring, cleaning up, removing, or other operating fluids containing, treating, detoxifying or escape from a vehicle part neutralizing, or in any way designed to hold, store or responding to, or assessing the receive them. This exception effects of "pollutants". Includes copyrighted material of Insurance Services Office, Inc. with its permission. Page 9 of 20 Copyright 2022 The Hanover Insurance Company. All Rights Reserved. However, paragraphs (2)(a) and (2)(b) above do not apply to liability for damages because of "property damage" that an insured would have in the absence of such request, demand, order or statutory or regulatory requirement or such claim or "suit" by or on behalf of a governmental authority. (3) As used in this exclusion, a hostile fire is one which becomes uncontrollable or breaks out from where it was intended to be. 3. Applicable to Coverage B — Umbrella Liability only: This insurance does not apply to: a. Aircraft, "Unmanned Aircraft", "Auto" or Watercraft: Any liability or expense arising out of the ownership, maintenance, operation, use, entrustment to others, or loading or unloading of any: (1) Aircraft owned by you or rented, loaned or chartered by or on behalf of you without crew; (2) "Unmanned aircraft"; (3) "Auto"; or (4) Watercraft owned by you except watercraft while ashore on premises you own or rent. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured. b. Contractual Liability Any liability for which any insured is obligated to pay damages by reason of the assumption of liability in any contract or agreement. This exclusion does not apply to liability for damages: (1) Assumed in a contract or agreement that is an "insured contract", provided the "bodily injury", "personal injury", "advertising injury" or "property damage" occurs after the execution of the contract or agreement; or (2) That any insured would have in the absence of the contract or agreement. c. Damage to "Your Product", "Your Work" or "Impaired Property" (1) "Your product" arising out of it or any part of it; and (2) "Your work" arising out of it or any part of it and included in the "products - completed operations hazard". Paragraphs (1) and (2) above do not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. (3) "Impaired Property" or property that has not been physically injured, arising out of: (a) A defect, deficiency, inadequacy or dangerous condition in "your product" or "your work"; or (b) A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to "your product" or "your work" after it has been put to its intended use. d. Directors and Officers Any liability or expense for a wrongful act, error, omission or breach of duty by an insured in the performance of the office of director, officer or trustee of an organization. e. Employers Liability Any injury to: (1) Any "employee" of an insured arising out of and in the course of: (a) Employment by an insured; or (b) Performing duties related to the conduct of an insured's business; or (2) Any person as a consequence of paragraph (1) above. This exclusion applies: (3) Whether an insured may be liable as an employer or in any other capacity; and (4) To any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability assumed by an insured under an "insured contract". "Property damage" to: f. Expected or Intended Injury "Bodily injury", "property damage", 475-0001 12 22 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Page 10 of 20 Copyright 2022 The Hanover Insurance Company. All Rights Reserved. "personal injury" or "advertising injury" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" resulting from the use of reasonable force to protect persons or property. g. Liquor Liability Any liability or expense for which any insured may be held liable by reason of: (1) Causing or contributing to the intoxication of any person; or (2) The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol; or (3) Any statute, ordinance or regulation relating to the sale, gift, distribution or use of alcoholic beverages. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in: (4) The supervision, hiring, employment, training or monitoring of others by that insured; or (5) Providing or failing to provide transportation with respect to any person that may be under the influence of alcohol; h. Maintenance, Prevention or Enhancement To any liability or expense incurred by an insured or any others for any: (1) maintenance or enhancement of any property; or (2) prevention of any injury or damage to any: (a) person or organization; or (b) property you own, rent or occupy. i. "Personal Injury" and "Advertising Injury" Any liability or expense for "personal injury" and "advertising injury": (1) 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 injury" or "advertising injury"; (2) Arising out of oral or written publication, in any manner, of material, if done by or at the direction of the insured with knowledge of its falsity; (3) Arising out of oral or written publication, in any manner, of material whose first publication took place before the beginning of the policy period; (4) Arising out of a criminal act committed by or at the direction of the insured; (5) For which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement; (6) Arising out of a breach of contract, except an implied contract to use another's advertising idea in your "advertisement"; (7) Arising out of the failure of goods, products or services to conform with any statement of quality or performance made in your "advertisement"; (8) Arising out of the wrong description of the price of goods, products or services stated in your "advertisement"; (9) Arising out of the infringement of copyright, patent, trademark, trade secret or other intellectual property rights. Under this exclusion, such other intellectual property rights do not include the use of another's advertising idea in your "advertisement". However, this exclusion does not apply to infringement, in your "advertisement" of copyright or slogan. (10)Arising out of: (a) The controlling, creating, designing or developing of another's internet site; (b) The controlling, creating, designing, developing, determining or providing content or material of another's internet site; (c) The controlling, facilitating or providing, or failing to control, facilitate or provide, access to the internet or another's internet site; or (d) Publication of content or material on or from the internet, other than material developed by you or at your direction. (11)Arising out of an electronic chat room or bulletin board the insured hosts, 475-0001 12 22 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Page 11 of 20 Copyright 2022 The Hanover Insurance Company. All Rights Reserved. owns, or over which the insured exercises control; (12)Arising out of the unauthorized use of another's name or product in your email address, domain name or metatag, or any other similar tactics to mislead another's potential customers. j. Pollution (1) "Bodily injury", "property damage", "personal injury" or "advertising injury" which would not have occurred in whole or part but for the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants" at any time. (2) Any loss, cost or expense arising out of any: (a) Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants"; or (b) Claim or suit by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, "pollutants". k. Professional Liability Any liability or expense arising out of the rendering of or failure to render any professional or quasi -professional service (whether or not such service requires certification or licensing), advice or instruction by you or on your behalf, or from whom any of you assumed liability by reason of a contract or agreement, regardless of whether any such service, advice or instruction is ordinary to any insured's profession. I. Punitive Damages Any sum awarded for punitive damages, exemplary damages, multiplied damages, taxes, fines, or penalties. VIII.CONDITIONS Applicable to Both Excess Liability Liability 1. Appeals 475-0001 12 22 We may elect to initiate or participate in an appeal of a judgment if such judgment could result in a payment under this insurance. If we so elect, we shall be liable for all expenses we incur incidental to such appeal, but in no case will the amount we pay for loss exceed the Limits of Insurance. 2. Bankruptcy The bankruptcy of any insured or insured's estate will not relieve us of our obligations under this policy. In the event of bankruptcy or insolvency of the provider of any "underlying insurance", the insurance provided by this policy will not replace such "underlying insurance" and applies as though such "underlying insurance" was available and collectible. 3. Cancellation and Non -Renewal a. The first Named Insured may cancel this policy by mailing or delivering to us, our authorized agent or broker, advance written notice of cancellation stating when the cancellation is to take effect. b. We may cancel this policy or any of its individual coverages by mailing to the first Named Insured a written notice of cancellation at least: (1) 10 days before the effective date of cancellation if we cancel for nonpayment of premium; or (2) 60 days before the effective date of cancellation if we cancel for any other reason. c. We will mail our notice to the first Named Insured's last mailing address known to us. d. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. e. If this policy is canceled, we will send the first Named Insured any premium refund due. If we cancel, the refund will be pro rata. f. If we decide not to renew, we will mail to the first Named Insured written notice of non -renewal not less than sixty (60) days before the expiration date. g. Proof of mailing will be sufficient proof of notice. 4. Changes Coverage A — Follow Form This policy contains all the agreements and Coverage B — Umbrella between you and us concerning the insurance afforded. The first Named Insured is authorized to make changes with our consent. This policy's Includes copyrighted material of Insurance Services Office, Inc. with its permission. Page 12 of 20 Copyright 2022 The Hanover Insurance Company. All Rights Reserved. terms can be amended or waived only by expense without our consent, except at endorsement issued by us or made a part of that insured's own cost. this policy. 7. Examination of Your Books and Records 5. Currency We may examine and audit your books and All payments or reimbursements we make for records as they relate to this policy at any time damages because of judgments or settlements during the policy period and up to three years will be made in United States currency at the afterward. We have the right to make copies of prevailing exchange rate at the time the insured those books and records. became legally obligated to pay such sums. g. First Named Insured 6. Duties in the Event of "Occurrence", The person or organization first named in Item Offense, Claim or "Suit" 1. of the Declarations is responsible for the a. You must see to it that we are notified as payment of all premiums, the receiving of return soon as practicable of any "occurrence" or premiums, the receipt and acceptance of this offense to which this insurance may apply. policy and any endorsements, and will act on Notice should include: behalf of all other insureds for the giving and (1) How, when and where the receiving of notice of cancellation or any other "occurrence" or offense took place; notice required under this policy or by statute or regulation. (2) The names and addresses of any injured persons and witnesses; and 9• Inspections and Surveys (3) The nature of any injury or damage a. We have the right but not the duty to: arising out of the "occurrence" or (1) Make inspections and surveys at any offense. time; b. You will cooperate with the "underlying (2) Give you reports on the conditions we insurer" as required by the terms of their find; and policies and comply with all terms and (3) Recommend changes. conditions of those policies. b. Any inspections, surveys, reports or c. If a claim is made or "suit" is brought recommendations relate only to insurability against any insured to which this insurance and the premiums to be charged. We do may apply, you must see to it that we not make safety inspections. We do not receive written notice of the claim or "suit" undertake to perform the duty of any as soon as practicable. person or organization to provide for the d. You and any other involved insured must: health or safety of workers or the public. (1) Send us copies as soon as practicable We do not warrant that conditions: of any demands, notices, summonses (1) Are safe or healthful; or or legal papers received in connection (2) Comply with laws, regulations, codes with the claim or "suit" to which this or standards. insurance may apply; This condition applies not only to us, but also to (2) Authorize us to obtain records and any rating, advisory, rate service or similar other information; organization which makes insurance (3) Cooperate with us in the investigation, inspections, surveys, reports or settlement or defense of the claim or recommendations. "suit"; 10. Joint Duties in Non -Admitted Jurisdictions (4) Assist us, upon our request, in the With respect to an "occurrence", offense, claim enforcement of any right against any or "suit" that arises in a non -admitted person or organization which in our jurisdiction and to which this insurance applies: opinion may be liable to an insured because of injury or damage to which a. If we are prevented by law in any country this insurance applies; or jurisdiction from fulfilling our duty to defend you or to investigate claims, you will (5) Notify us as soon as practicable of any be responsible for arranging for the judgment or settlement of any claim or defense or investigation under our "suit" brought against any insured; and supervision. We will reimburse you for all (6) Not voluntarily make a payment, reasonable and necessary expense assume any obligation or incur any incurred which we would have paid if we 475-0001 12 22 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Page 13 of 20 Copyright 2022 The Hanover Insurance Company. All Rights Reserved. had defended the "suit" or investigated the claim; and If we are prevented by law in any country or jurisdiction from paying damages to which this insurance applies, you may pay the damages with our consent. Upon proof of the payments, we will reimburse you for such damages subject to the applicable Limit of Insurance. 11. Legal Action Against Us No person or organization has a right under this policy: a. To join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or b. To sue us on this policy unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured obtained after an actual trial, but we will not be liable for damages that are not payable under the terms of this policy or that are in excess of the Limits of Insurance. An agreed settlement means a settlement and release of liability signed by us, an insured and the claimant or the claimant's legal representative. d. No statement contained in this Condition limits our right to cancel or not renew this policy. e. Your failure to comply will not invalidate this policy, but this policy will apply as if the "underlying insurance" was so maintained. 13. Other Insurance a. This insurance is excess over any "other insurance", whether primary, excess, contingent or on any other basis. This condition will not apply to insurance specifically purchased as excess over this policy. b. We have no duty to defend the insured against any claim or "suit" if any other insurer has a duty to defend such insured against that claim or "suit". c. This insurance is not subject to the terms or conditions of any "other insurance". d. We will pay only our share of the amount of loss, if any, that exceeds the sum of the total: (1) Amount that all "other insurance" would pay for loss in the absence of this insurance; and (2) Of all deductible and self-insurance amounts under all "other insurance". 12. Maintenance of "underlying insurance 14. Premium Audit a. You agree to maintain the "underlying a. We will compute all premiums for this policy insurance" in full force and effect during the in accordance with our rules, rates, rating term of this policy. "underlying insurance" plans, premiums and minimum premiums will not be cancelled, non -renewed or applicable to this insurance. rescinded without replacement coverage to which we agree. You must notify us as b. If the premium for this policy is stated in the soon as practicable if any "underlying Declarations as being subject to insurance" is no longer valid or in full force adjustment, at the close of each audit and effect. period, we will compute the earned premium for that period using the rates and b. The terms and conditions of "underlying rating basis shown on the Declarations or insurance" will not materially change, as stated in an endorsement issued by us. unless we agree otherwise. The terms and Audit premiums are due and payable on conditions or renewals or replacements of notice to the first Named insured. If the sum "underlying insurance" will be materially the of the advance and audit premiums paid for same as prior coverage unless we agree the policy term is greater than the earned otherwise. premium, we will return the excess to the c. The total applicable limits of "underlying first Named Insured, but not if such audit insurance" shall not decrease, except for premium is less than the minimum any reduction or exhaustion of aggregate premium shown in the Declarations. limits by payment of loss. Reduction or c. The first Named Insured must keep records exhaustion of any aggregate limit of liability of the information we need for premium or limit of insurance in any "underlying computation and send us copies as we insurance" by payments for judgments, may request. settlements or expense will not be a failure to maintain "underlying insurance" in full 15. Representations force and effect. By accepting this policy, you agree: 475-0001 12 22 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Page 14 of 20 Copyright 2022 The Hanover Insurance Company. All Rights Reserved. a. The statements in the Declarations are accurate and complete; b. Those statements are based upon representations you made to us; and c. We have issued this policy in reliance upon your representations. If unintentionally you should fail to disclose all hazards at the inception of this policy, we shall not deny coverage under this policy because of such failure. 16. Separation of Insureds Except with respect to the Limits of Insurance and any rights or duties specifically assigned to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or "suit" brought. 17. Titles of Paragraphs The titles of paragraphs in this policy are inserted solely for convenience or reference. Such titles do not limit, define or affect the provisions to which they relate. 18. Transfer of Rights of Recovery Against Others to Us If an insured has rights to recover all or part of any payment we have made under this policy, those rights are transferred to us. An insured must do nothing after loss to impair such rights. At our request, an insured will bring "suit" or transfer those rights to us and help us enforce them. Any recoveries will be apportioned in the inverse order of payment of loss to the extent of actual payment. The expenses of all such recovery proceedings shall be apportioned in the ratio of their respective recoveries. 19. Transfer of Your Rights and Duties Under This Policy Your rights and duties under this policy may not be transferred without our written consent. If you die, your rights and duties are transferred to your legal representative, but only while that legal representative is acting within the scope of their duties as such. Until your legal representative is appointed, anyone with proper temporary custody of your property will have your rights and duties but only with respect to that property. IX. DEFINITIONS Applicable to Both Coverage A — Follow Form Excess Liability and Coverage B — Umbrella 1. "Advertisement" means a notice that is broadcast or published to the general public or specific market segments about your goods, products or services for the purpose of attracting customers or supporters. For the purpose of this definition: a. Notices that are published include material placed on the Internet or on similar electronic means of communication; and b. Regarding web sites, only that part of a web site that is about your goods, products or services for the purposes of attracting customers or supporters is considered an advertisement. 2. "Advertising Injury" means injury, including consequential "bodily injury", arising out of one or more of the following offenses: a. The use of another's advertising idea in your "advertisement"; or b. Infringing upon another's copyright or slogan in your "advertisement". 3. "Auto" means: a. A land motor vehicle, trailer or semi -trailer designed for travel on public roads, including any attached machinery or equipment; or b. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. However, "auto" does not include "mobile equipment". 4. "Bodily injury" means bodily injury, sickness or disease sustained by a person including death resulting from any of these at any time. "Bodily injury" includes mental anguish or other mental injury resulting from "bodily injury". 5. "Employee" includes a "leased worker". "Employee" does not include a "temporary worker". 6. "Executive Officer" means a person holding any of the officer positions created by your charter, constitution, by-laws or any other similar governing document. 7. "Impaired property" means tangible property, other than "your product" or "your work", that cannot be used or is less useful because: a. It incorporates "your product" or "yourwork" that is known or thought to be defective, deficient, inadequate or dangerous; or b. You have failed to fulfill the terms of the contract or agreement; 475-0001 12 22 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Page 15 of 20 Copyright 2022 The Hanover Insurance Company. All Rights Reserved. if such property can be restored to use by the (3) Under which the insured, if an repair, replacement, adjustment or removal of architect, engineer or surveyor, "your product" or "your work" or your fulfilling assumes liability for an injury or the terms of the contract or agreement. damage arising out of the insured's 8. "Insured contract" means: rendering or failure to render professional services, including those a. A contract for a lease of premises. listed in paragraph (2) above and However, that portion of the contract fora supervisory, inspection or engineering lease of premises that indemnifies any activities. person or organization for damage by fire to premises while rented to you or 9• "Leased Worker" means a person leased to temporarily occupied by you with you by a labor leasing firm under an agreement permission of the owner is not an "insured between you and the labor leasing firm, to contract"; perform duties related to the conduct of your business. "Leased worker" does not include a b. A sidetrack agreement; "temporary worker". c. Any easement or license agreement, 10. "Loading or Unloading" means the handling except in connection with construction or of property: demolition operations on or within 50 feet of a railroad; a. After it is moved from the place where it is accepted for movement into or onto an d. An obligation, as required by ordinance, to aircraft, watercraft or "auto"; indemnify a municipality, except in connection with work for a municipality; b. While it is in or on an aircraft, watercraft or "auto"; or e. An elevator maintenance agreement; c. While it is being moved from an aircraft, f. That part of any other contract or watercraft or "auto" to the place where it is agreement pertaining to your business finally delivered; (including an indemnification of a municipality in connection with work but "loading or unloading" does not include the performed for a municipality) under which movement of property by means of a you assume, the tort liability of another mechanical device, other than a hand truck, party to pay for "bodily injury" or "property that is not attached to the aircraft, watercraft or damage" to a third person or organization. "auto". Tort liability means a liability that would be 11. "Mobile Equipment" means any of the imposed by law in the absence of any following types of land vehicles, including any contract or agreement. attached machinery or equipment: Paragraph f. does not include that part of a. Bulldozers, farm machinery, fork -lifts and any contract or agreement: other vehicles designed by use principally (1) That indemnifies a railroad for "bodily off public roads; injury" or "property damage" arising out b. Vehicles maintained for use solely on or of construction or demolition next to premises you own or rent; operations, within 50 feet of any c. Vehicles that travel on crawler treads; railroad property and affecting any railroad bridge or trestle, tracks, road- d. Vehicles, whether self-propelled or not, beds, tunnel, underpass or crossing; maintained primarily to provide mobility to permanently mounted: (2) That indemnifies an architect, engineer or surveyor for injury or damage arising (1) Power cranes, shoves, loaders, out of: diggers or drills; or (a) Preparing, approving or failing to (2) Road construction or resurfacing prepare or approve maps, shop equipment such as graders, scrapers drawings, opinions, reports, or rollers; surveys, field orders, change e. Vehicles not described in a., b., c., or d. orders or drawings and above that are not self-propelled and are specifications; or maintained primarily to provide mobility to (b) Giving directions or instructions, or permanently attached equipment of the failing to give them, if that is the following types: primary cause of the injury or (1) Air compressors, pumps and damage; generators, including spraying, 475-0001 12 22 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Page 16 of 20 Copyright 2022 The Hanover Insurance Company. All Rights Reserved. welding, building cleaning, geophysical exploration, lighting and well servicing equipment; or (2) Cherry pickers and similar devices used to raise or lower workers; f. Vehicles not described in a., b., c., or d. above maintained primarily for purposes other than the transportation of persons or cargo. However, self-propelled vehicles with the following types of permanently attached equipment are not "mobile equipment" but will be considered "autos". (1) Equipment designed primarily for: (a) Snow removal; (b) Road maintenance, but not construction or resurfacing; or (c) Street cleaning; (2) Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and (3) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment. However, "mobile equipment' does not include any land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered "autos". 12. "Nuclear Energy Hazard" Any liability or expense: a. With respect to which an insured under this policy is also an insured under a nuclear energy policy issued by Nuclear Energy Liability Insurance Association, Mutual Atomic Energy Liability Underwriters, Nuclear Insurance Association of Canada, or any other similar foreign or domestic authority of any jurisdiction, or their successors, or would be an insured under any such policy of their successors, or would be an insured under any such policy but for its termination upon exhaustion of its limit of liability; or b. Resulting from the hazardous properties of nuclear material and with respect to which: (1) Any person or entity is required to maintain financial protection pursuant to the Atomic Energy Act of 1954, of any law amendatory thereof or of any similar law or regulation of any other foreign or domestic authority or jurisdiction; or (2) Any insured is, or had this policy not been issued would be, entitled to indemnity from the United States of America or any other foreign or domestic governmental entity or any agency thereof, under any agreement entered into by the United States of America, any other foreign or domestic governmental body or any agency thereof, with any person or organization. c. To "bodily injury" or "property damage" resulting from the hazardous properties of nuclear material, if: (1) The nuclear material (a) Is at any nuclear facility owned by or operated by or on behalf of an insured or, (b) Has been discharged or dispersed there from. (2) The nuclear material is contained in spent fuel or waste at any time possessed, handled, used, processed, stored, transported or disposed of by or on behalf of an insured; or (3) The "bodily injury" or "property damage" arises out of the furnishing by an insured of services, materials, parts or equipment in connection with the planning, construction maintenance, operation or use of any nuclear facility, but if such facility is located within the United States of America, its territories or possessions or Canada, this paragraph c. applies only to "Property Damage" to such nuclear facility and any property thereat. As used in this definition: "Hazardous properties" include radioactive, toxic or explosive properties. "Nuclear material" means source material, special nuclear material, or by-products material. "Source material", "special nuclear material', and "by-product material' have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. "Spent fuel" means any fuel element or fuel component, solid or liquid, which has been 475-0001 12 22 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Page 17 of 20 Copyright 2022 The Hanover Insurance Company. All Rights Reserved. used or exposed to radiation in a nuclear reactor. "Waste" means any waste material: (1) Containing by-product material other than the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its source material content. (2) Resulting from the operation by any person or organization of any nuclear facility included under the first two paragraphs of the definition of nuclear facility. "Nuclear facility" means: (1) Any nuclear reactor; or (2) Any equipment or device designated or used for: (a) Separating the isotopes of uranium or plutonium; or (b) Processing or utilizing spent fuel; or (c) Handling, processing or packaging nuclear waste; or (3) Any equipment or device used for processing, fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of an insured at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof, or more than 250 grams of uranium 235; or (4) Any structure, basin, excavation, premises or place prepared or used for the storage or disposal of waste; and includes the site on which any of the foregoing is located, all operations conducted on such site and all premises used for such operations. "Nuclear reactor" means any apparatus designed or used to sustain nuclear fission in a self-supporting chain reaction or to contain a critical mass of fissionable material. "Property damage" includes all forms of radioactive contamination of property. 13. "Occurrence" means an accident, including continuous or repeated exposure to substantially the same general harmful conditions. insurance specifically purchased as excess over this policy. 15. "Personal Injury" means injury, including consequential "bodily injury", arising out of one or more of the following offenses: a. False arrest, detention or imprisonment; b. Malicious prosecution; c. The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room, dwelling or premises that a person occupies, committed by or on behalf of its owner, landlord or lessor; d. Oral or written publication, in any manner, of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or services; e. Oral or written publication, in any manner, of material that violates a person's right of privacy; 16. "Pollutants" mean any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. 17. "Products -Completed Operations Hazard" a. Includes all "bodily injury" and "property damage" occurring away from premises you own or rent and arising out of "your product" or "your work" except: (1) Products that are still in your physical possession; or (2) Work that has not yet been completed or abandoned. However, "your work" will be deemed completed at the earliest of the following times: (a) When all of the work called for in your contract has been completed. (b) When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site. (c) When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. 14. "Other Insurance" means any insurance that Work that may need service, maintenance, may provide coverage to any insured which this correction, repair or replacement, but which policy would also provide, and includes any is otherwise complete, will be treated as type of self-insurance or other mechanism completed. arranged for funding of loss. "Other insurance" b. Does not include "bodily injury" or "property does not include "underlying insurance' or damage" arising out of: 475-0001 12 22 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Page 18 of 20 Copyright 2022 The Hanover Insurance Company. All Rights Reserved. (1) The transportation of property, unless policies during the term of this insurance that the injury or damage arises out of a provide: condition in or on a vehicle not owned a. At least the same limits of liability or limits or operated by you, and that condition of insurance; and was created by the "loading or unloading" of that vehicle by any b. The same hazards insured against, except insured; as modified by general program revisions or as agreed to by us in writing. (2) The existence of tools, uninstalled equipment or abandoned or unused 23. "Underlying Insurer" means any insurer who materials; or issues a policy of "underlying insurance". (3) Products or operations for which the 24. "Unmanned aircraft" means an aircraft that is classification, listed in the Declarations not: or in a policy Schedule, states that a. Designed; products -completed operations are b. Manufactured; or subject to the General Aggregate Limit. c. Modified after manufacture; 18. "Property Damage" means: to be controlled directly by a person from within a. Physical injury to tangible property, or on the aircraft. including all resulting loss of use of that property. All such loss of use shall be 25. "War" means: deemed to occur at the time of the physical a. War, including undeclared or civil war; injury that caused it; or b. Warlike action by a military force, including b. Loss of use of tangible property that is not action in hindering or defending against an physically injured. All such loss of use shall actual or expected attack, by any be deemed to occur at the time of the government, sovereign or other authority "occurrence" that caused it. using military personnel or other agents; or For the purposes of this insurance, electronic c. Insurrection, rebellion, revolution, usurped data is not tangible property. power, or action taken by governmental 19. "Retained Limit" means the amount stated as authority in hindering or defending against such in the Declarations for which the insured any of these. is responsible with respect to each 26. "Your Product" "occurrence" under Coverage B — Umbrella a. Means: Liability. (1) Any goods or products, other than real 20. "Suit" means a civil proceeding in which "property property, manufactured, sold, handled, damages because of "bodily injury", "advertising distributed or disposed of by: damage", "personal injury" or injury" to which this insurance applies are (a) You; alleged. "Suit" also includes: (b) Others trading under your name; or a. An arbitration proceeding in which such (c) A person or organization whose damages are claimed and to which you business or assets you have must submit or do submit with our consent; acquired; and or (2) Containers (other than vehicles), b. Any other alternative dispute resolution materials, parts or equipment furnished proceeding in which such damages are in connection with such goods or claimed and to which you submit with our products. consent. b. Includes: 21. "Temporary Worker" means a person who is (1) Warranties or representations made at furnished to you to substitute for a permanent "employee" any time with respect to the fitness, on leave or to meet seasonal or quality, durability, performance or use short-term workload conditions. of "your product"; and 22. "Underlying insurance" means the liability (2) The providing of or failure to provide insurance coverage provided under policies warnings or instructions. shown in the Schedule of Underlying Insurance for the limits and policy periods indicated. It c. Does not include vending machines or includes any policies issued to replace those other property rented to or located for the use of others but not sold. 475-0001 12 22 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Page 19 of 20 Copyright 2022 The Hanover Insurance Company. All Rights Reserved. 27. "Your Work" a. Means: (1) Work or operations performed by you or on your behalf; and (2) Materials, parts or equipment furnished in connection with such work or operations. b. Includes: (1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of "your work"; and (2) The providing of or failure to provide warnings or instructions. 475-0001 12 22 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Page 20 of 20 Copyright 2022 The Hanover Insurance Company. All Rights Reserved. Policy Number: UHD-H873810-04, Extenet Systems LLC THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OTHER INSURANCE - NON-CONTRIBUTORY - BLANKET ADDITIONAL INSURED (COVERAGE A AND B) This endorsement modifies insurance provided under the following: HANOVER COMMERCIAL FOLLOW FORM EXCESS AND UMBRELLA POLICY For the purposes of this endorsement, the following is added to VIII. CONDITIONS, 13. Other Insurance: Other Insurance — Non -Contributory (1) We will not seek contribution from any "other insurance" available to a person or organization for whom you have agreed in a written contract, written agreement, or written permit to add as an Additional Insured under this policy provided that: (a) The Additional Insured is a Named Insured under such `other insurance"; (b) The Additional Insured qualifies as an insured under III. WHO IS AN INSURED; (c) You have agreed in a written contract, written agreement, or written permit that: (i) A person or organization be included as an Additional Insured under "underlying insurance" for a loss we cover; (ii) Such written contract, written agreement, or written permit requires that this insurance would apply before and would not seek contribution from any `other insurance" available to the Additional Insured; and (iii) The "underlying insurance" in the Schedule of Underlying Policies applies to such Additional Insured on a primary and noncontributory basis. (2) The Other Insurance — Non -Contributory condition set forth in paragraph (1) above shall not apply: (a) To damages arising out of the sole negligence of an Additional Insured that qualifies as an insured under III. WHO IS AN INSURED; or (b) When the Additional Insured is an Additional Insured under any other policy. ALL OTHER TERMS, CONDITIONS, AND EXCLUSIONS REMAIN UNCHANGED. 475-0467 11 20 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1 Policy Number: WZD-H856197-04, Extenet Systems LLC THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WORKERS' COMPENSATION BROAD FORM ENDORSEMENT This endorsement modifies insurance provided under the following: WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE POLICY With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. SECTION I: WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY CHANGES A. B C Part One — WORKERS' COMPENSATION INSURANCE, D. We Will Also Pay; and Part Two — EMPLOYERS' LIABILITY INSURANCE, E. We Will Also Pay is replaced by the following: We Will Also Pay We will also pay these costs, in addition to other amounts payable under this insurance, as part of any claim, proceeding, or suit we defend: 1. Reasonable expenses incurred at our request, including loss of earnings; 2. Premiums for bonds to release attachments and for appeal bonds in bond amounts up to the limit of our liability under this insurance; 3. Litigation costs taxed against you; 4. Interest on a judgment as required by law until we offer the amount due under this insurance; and 5. Expenses we incur. Part Three — OTHER STATES INSURANCE, A. How This Insurance Applies, paragraph 4. is replaced by the following: 4. If you have work on the effective date of this policy in any state not listed in Item 3.A. of the Information Page, coverage will not be afforded for that state unless we are notified within sixty days. Part Six — CONDITIONS, C. Transfer of Your Rights and Duties is replaced by the following: C. Transfer of Your Rights and Duties Your rights or duties under this policy may not be transferred without our written consent. If you die and we receive notice within sixty days after your death, we will cover your legal representative as insured. D. The following is added to Part Six — CONDITIONS, F. Liberalization: If we adopt a change in this form that would broaden the coverage of this form without extra charge, the broader coverage will apply to this policy when the change becomes effective in your state. SECTION II: VOLUNTARY COMPENSATION AND EMPLOYERS' LIABILITY COVERAGE A. How This Insurance Applies This insurance applies to bodily injury by accident or bodily injury by disease. Bodily injury includes resulting death: 1. The bodily injury must be sustained by an employee included in the group of employees described in the Schedule; 2. The bodily injury must arise out of and in the course of employment necessary or incidental to work in a state listed in the Schedule; 3. The bodily injury must occur in the United States of America, its territories or possessions, or Canada, and may occur elsewhere if the employee is a United States or Canadian citizen temporarily away from those places; 4. Bodily injury by accident must occur during the policy period; or 5. Bodily injury by disease must be caused or aggravated by the conditions of the employee's employment. The employee's last day of last exposure to the conditions causing or aggravating such bodily injury by disease must occur during the policy period. B. We Will Pay 1. We will pay an amount equal to the benefits that would be required of you if you and your employees described in the Schedule were subject to the workers' compensation law shown in the Schedule. We will pay those amounts to the persons who would be entitled to them under the law. WC 99 03 01 B 03 16 Page 1 of 2 Includes copyrighted material of National Council on Compensation Insurance, Inc. with its permission. Copyright, NCCI Holdings, Inc. 2. We will pay the additional expenses of repatriating an employee to the United States of America as a result of bodily injury to the employee. C. Exclusions This insurance does not cover: 1. Any obligation imposed by a workers' compensation or occupational disease law, or any similar law; or 2. Bodily injury intentionally caused or aggravated by you. D. Before We Pay Before we pay benefits to the persons entitled to them, they must: 1. Release you and us, in writing, of all responsibility for the injury or death; 2. Transfer to us their right to recover from others who may be responsible for the injury or death; and 3. Cooperate with us and do everything necessary to enable us to enforce the right to recover from others. If the persons entitled to the benefits of this insurance fail to do those things, our duty to pay ends at once. If they claim damages from you or from us for the injury or death, our duty to pay ends at once. E. Recovery From Others If we make a recovery from others, we will keep an amount equal to our expenses of recovery and the benefits we paid. We will pay the balance to the persons entitled to it. If the persons entitled to the benefits of this insurance make a recovery from others, they must reimburse us for the benefits we paid them. F. Employers' Liability Insurance Part Two — EMPLOYERS' LIABILITY INSURANCE applies to bodily injury covered by this endorsement as though the State of Employment shown in the Schedule were shown in Item 3.A. of the Information Page. G. EMPLOYERS' LIABILITY STOP GAP COVERAGE 1. This coverage applies only in North Dakota, Ohio, Washington, and Wyoming. 2. Part One — WORKERS' COMPENSATION INSURANCE does not apply to work in states shown in Paragraph 1. above. 4. The following additional Exclusions are added to Part Two — EMPLOYERS' LIABILITY, Section C. Exclusions: This insurance does not cover: a. Bodily injury intentionally caused or aggravated by you or, in Ohio, bodily injury resulting from an act which is determined to have been committed by you with the belief that the injury is substantially certain to occur; b. Bodily injury sustained by any member of the flying crew of any aircraft; or c. Any claim for bodily injury with respect to which you are deprived of common law defenses or are subject to penalty because of your failure to secure your obligations under the workers' compensation law or laws of a state shown in Paragraph A. H. Coverage provided under SECTION II of this endorsement does not apply in New Jersey or Wisconsin. SECTION III — ADDITIONAL CONDITION Unintentional Failure to Disclose Hazards If you unintentionally fail to disclose all existing hazards at the inception date of your policy, we will not deny coverage under this policy because of such failure. SECTION IV —COVERAGE TERRITORY Schedule of Covered States A. This endorsement applies only in those states listed in item 3.A, of the Information Page on the effective date of the applicable state approval. 3. Part Two — EMPLOYERS' LIABILITY INSURANCE applies in the states shown in Paragraph 1. as though they were shown in Item 3.A. of the Information Page. WC990301 B 03 16 Includes copyrighted material of National Council on Compensation Insurance, Inc. with its permission. Copyright, NCCI Holdings, Inc. Page 2 of 2 Policy Number: WZD-H856197-04, Extenet Systems LLC THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CALIFORNIA WORKERS' COMPENSATION BROAD FORM ENDORSEMENT This endorsement modifies insurance provided under the following: WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE POLICY With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. SECTION 1: WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY CHANGES A. Part One — WORKERS' COMPENSATION INSURANCE, D. We Will Also Pay; and Part Two — EMPLOYERS' LIABILITY INSURANCE, E. We Will Also Pay is replaced by the following: B. C. We Will Also Pay We will also pay these costs, in addition to other amounts payable under this insurance, as part of any claim, proceeding, or suit we defend: 1. Reasonable expenses incurred at our request, including loss of earnings; 2. Premiums for bonds to release attachments and for appeal bonds in bond amounts up to the limit of our liability under this insurance; 3. Litigation costs taxed against you; 4. Interest on a judgment as required by law until we offer the amount due under this insurance; and 5. Expenses we incur. Part Three — OTHER STATES INSURANCE, A. How This Insurance Applies, paragraph 4. is replaced by the following: 4. If you have work on the effective date of this policy in any state not listed in Item 3.A. of the Information Page, coverage will not be afforded for that state unless we are notified within sixty days. Part Six — CONDITIONS, C. Transfer of Your Rights and Duties is replaced by the following: C. Transfer of Your Rights and Duties Your rights or duties under this policy may not be transferred without our written consent. If you die and we receive notice within sixty days after your death, we will cover your legal representative as insured. D. The following is added to Part Six — CONDITIONS, F. Liberalization: If we adopt a change in this form that would broaden the coverage of this form without extra charge, the broader coverage will apply to this policy when the change becomes effective in your state. SECTION II: EMPLOYERS' LIABILITY COVERAGE A. EMPLOYERS' LIABILITY STOP GAP COVERAGE 1. This coverage applies only in North Dakota, Ohio, Washington, and Wyoming. 2. Part One — WORKERS' COMPENSATION INSURANCE does not apply to work in states shown in Paragraph 1. above. 3. Part Two — EMPLOYERS' LIABILITY INSURANCE applies in the states shown in Paragraph 1. as though they were shown in Item 3.A. of the Information Page. 4. The following additional Exclusions are added to Part Two — EMPLOYERS' LIABILITY, Section C. Exclusions: This insurance does not cover: a. Bodily injury intentionally caused or aggravated by you or, in Ohio, bodily injury resulting from an act which is determined to have been committed by you with the belief that the injury is substantially certain to occur; b. Bodily injury sustained by any member of the flying crew of any aircraft; or c. Any claim for bodily injury with respect to which you are deprived of common law defenses or are subject to penalty because of your failure to secure your obligations under the workers' compensation law or laws of a state shown in Paragraph A. SECTION III — ADDITIONAL CONDITION Unintentional Failure to Disclose Hazards If you unintentionally fail to disclose all existing hazards at the inception date of your policy, we will not deny coverage under this policy because of such failure. SECTION IV — COVERAGE TERRITORY Schedule of Covered States: California WC 99 03 04 03 16 Page 1 of 1 Includes copyrighted material of National Council on Compensation Insurance, Inc. with its permission. Copyright, NCCI Holdings, Inc. Iw Hanover Insurance Group_ AHD H855961 1602431 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO COVERAGE BROADENING ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. 1. CANCELLATION EXTENSION d. Any business entity for which you Paragraph A. CANCELLATION 2. b. of the have a financial interest greater COMMON POLICY CONDITIONS is than 50% of the voting stock or replaced with the following: otherwise have a controlling b. 60 days before the effective date interest after the effective date of of cancellation if we cancel for this policy or that is newly any other reason. acquired or formed by you during the term of this policy. SECTION I - COVERED AUTOS The coverage provided by this 2. EMPLOYEE HIRED "AUTOS" provision is afforded until Description Of Covered Auto expiration or termination of Designation Symbols; Symbol 8 is this policy, whichever occurs replaced by the following: earlier. 8 = Hired "Autos" Only - Only those The coverage provided by this "autos" you lease, hire, rent or borrow; provision does not apply to including "autos" your employee hires at any business entity described your direction, for the purpose of in d. above that qualifies as an conducting your business. This does not insured under any other include any "auto" you lease. hire, rent, or automobile liability policy borrow from any of your "employees" or issued to that business entity partners or members of their households. as a named insured or would have been an insured except SECTION II - LIABILITY COVERAGE for the exhaustion of the policy limits or the insolvency 3. BROADENED NAMED INSURED of the insurer. The following is added to the SECTION 11 - The coverage provided by this LIABILITY COVERAGE, Paragraph 1. Who provision does not apply to Is An Insured provision: "bodily injury" nor "property damage" arising from an accident that occurred prior to your acquiring or forming the business entity described in d. above. Includes copyrighted material of Insurance Services Office, Inc. with its permission, Copyright, Insurance Services Office, Inc., 1996 461-0155 (9-97) Page 1 of 7 4. EMPLOYEES AS INSUREDS The following is added to the SECTION II - LIABILITY COVERAGE, Paragraph 1. Who Is An Insured provision: e. Any employee of yours is an "insured" while using a covered "auto" you do not own, hire or borrow in your business or your personal affairs. 5. SUPPLEMENTARY PAYMENTS The following amends SECTION II - LIABILITY COVERAGE, Paragraph 2. Coverage Extensions provision: Paragraph (2) is replaced by the following: (2) Up to $2500 for cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds. Paragraph (4) is replaced by the following: (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work. 6. AMENDED FELLOW EMPLOYEE EXCLUSION The following is added to the SECTION II - LIABILITY COVERAGE, B. Exclusions Paragraph 5. Fellow Employee exclusion: This exclusion does not apply if the "bodily injury" arises from the use of a covered "auto" you own or hire. This coverage is excess over any other collectible insurance SECTION III - PHYSICAL DAMAGE COVERAGE. 7. EXPENSE OF RETURNING A STOLEN "AUTO" and SIGN COVERAGE The following is added to SECTION III - PHYSICAL DAMAGE COVERAGE, A.1. COVERAGE: d. Expense Of Returning A Stolen "Auto" We will pay for the expense of returning a covered "auto" to you. e. Sign Coverage We will pay for loss to signs, murals, paintings or graphics, as part of equipment, which are displayed on a covered "auto". The most we will pay for "loss" in any one "accident' is the lesser of: 1. The actual cash value of the property as of the time of the "loss"; or 2. The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality; or 3. $2,000. 8. GLASS BREAKAGE DEDUCTIBLE The following is added to SECTION III - PHYSICAL DAMAGE COVERAGE, A. COVERAGE paragraph 3. Glass Breakage - Hitting a Bird or Animal - Falling Objects or Missiles: Any deductible shown in the Declarations as applicable to the Includes copyrighted material of Insurance Services Office, Inc. with its permission. Copyright, Insurance Services Office, Inc., 1996 461-0155 (9-97) Page 2 of 7 Hanover Insurance Group_ AH D H855961 1602431 covered "auto" will not apply to glass direction, for the purpose of breakage if such glass is repaired, conducting your business, for a rather than replaced. period of 30 days or less, of like kind and use as the "autos" you 9. TRANSPORTATION EXPENSE own, subject to the following: Paragraph 4. Coverage Extension. of The most we will pay for any one SECTION III - PHYSICAL DAMAGE loss is the lesser of the following: COVERAGE, A. COVERAGE is replaced with the following: a. $50,000 per accident, or b. cash value, or 4. Coverage Extension c. the cost of repair, We will pay up to $50 per day to a minus the deductible equal to the maximum of $1500 for temporary lowest deductible applicable to transportatinn PxpensP incurred any owned "auto" for that by you because of the total theft of coverage. Any deductible shown a covered "auto" of the private in the Declarations does not apply passenger type. We will pay only to "loss" caused by fire or for those covered "autos" for lightning. Subject to the limit and which you carry either deductible stated above, we will Comprehensive or Specified provide coverage equal to the Causes of Loss Coverage. We will broadest coverage provided to pay for temporary transportation any covered "auto" you own, that expenses incurred during the is applicable to the loss. period beginning 24 hours after the theft and ending, regardless of If the loss arises from an accident the policy s expiration, when the for which you are legally liable covered "auto" is returned to use and the lessor incurs an actual or we pay for its "loss". financial loss from that accident, we will cover the lessor s actual 10. HIRED AUTO PHYSICAL DAMAGE financial loss of use of the hired "auto" for a period of up to seven The following is added to SECTION III - consecutive days from the date of PHYSICAL DAMAGE COVERAGE, A. the accident, subject to a limit of COVERAGE: $1,000 per accident. 5. Hired Auto Physical Damage 11. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE If hired "autos" are covered "autos" for Liability Coverage and The following is added to SECTION III - if Physical Damage Coverage of PHYSICAL DAMAGE COVERAGE, A. Comprehensive, Specified Causes COVERAGE: of Loss, or Collision is provided under this Coverage Form for any 6. Audio, Visual and Data Electronic "auto" you own, then the Physical Equipment Coverage Damage Coverage(s) provided is extended to "autos" you hire We will pay for "loss" to any without a driver or your employee electronic equipment that receives hires, without a driver, at your Includes copyrighted material of Insurance Services Office, Inc. with its permission. Copyright, Insurance Services Office, Inc., 1996 461-0155 (9-97) Page 3 of 7 or transmits audio, visual or data signals and that is not designed solely for the reproduction of sound. This coverage applies only if the equipment is permanently installed in the covered "auto" at the time of the "loss" or the equipment is removable from a housing unit which is permanently installed in the covered auto at the time of the "loss", and such equipment is designed to be solely operated by use of the power from the "auto s" electrical system, in or upon the covered "auto", including its antennas and other accessories. However , this does not include tapes, records or discs. The exclusions that apply to PHYSICAL DAMAGE COVERAGE, except for the exclusion relating to Audio, Visual and Data Electronic Equipment, also apply to coverage provided herein. In addition, the following exclusions apply: We will not pay , under this coverage, for either any electronic equipment or accessories used with such electronic equipment that is: 1. Necessary for the normal operation of the covered "auto" or the monitoring of the covered "auto s" operating system; or 2. Both: An integral part of the same unit housing any sound reproducing equipment designed solely for the reproduction of sound if the sound reproducing equipment is permanently installed in the covered "auto", and Permanently installed in the opening of the dash or console normally used by the manufacturer for the installation of a radio. With respect to coverage herein, the LIMIT OF INSURANCE provision of PHYSICAL DAMAGE COVERAGE is replaced by the following: 1. The most we will pay for all "loss" to audio, visual or data electronic equipment and any accessories used with this equipment as a result of any one "accident" is the lesser of a. The actual cash value of the damaged or stolen property as of the time of the "loss"; or b. The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality; or c. $500. 2. An adjustment for depreciation and physical condition will be made in determining actual cash value at the time of the "loss". 3. Deductibles applicable to PHYSICAL DAMAGE COVERAGE, do not apply to this Audio, Visual and Data Electronic Equipment Coverage. If there is other coverage provided by this policy for audio, visual and data electronic equipment, the coverage provided herein is Includes copyrighted material of Insurance Services Office, Inc. with its permission. Copyright, Insurance Services Office, Inc., 1996 461-0155 (9-97) Page 4 of 7 Hanover Insurance Group.. AHD H855961 1602431 excess. However, you may elect covered "auto". If loss is to apply the limit or any portion caused by theft, this thereof of coverage provided number of days is added herein to pay any deductible that to the number of days it is applicable under the provisions takes to locate the covered of the other coverage. "auto" and transport it to a repair shop. 12. RENTAL REIMBURSEMENT and MATERIAL TRANSFER EXPENSE 2. 60 days. The following is added to SECTION III - Our payment is limited to the PHYSICAL DAMAGE COVERAGE, A. lesser of the following amounts: COVERAGE: 1. Necessary and actual 7. Rental Reimbursement and expenses incurred, Material Transfer Expense including loss of use. This coverage provides only those 2. $3000. Physical Damage Coverages where a premium is shown in the This auto rental expense coverage Declarations. It applies only to a does not apply while there are covered "auto" described or spare or reserve "autos" available designated to which the Physical to you for your operations. Damage Coverages apply. If "loss" results from the total theft We will pay for auto rental of a covered "auto" of the private expenses and the expenses, passenger type, we will pay under incurred by you because of "loss" this coverage only that amount of to a covered "auto", to remove your rental reimbursement and transfer your materials and expenses which is not already equipment from the covered provided for under the SECTION "auto" . Payment applies in III - PHYSICAL DAMAGE addition to the otherwise COVERAGE, A. 4. Coverage applicable amount of each Extension. coverage you have on a covered "auto". No deductibles apply to 13. AIRBAG COVERAGE this coverage. The following is added to SECTION III - We will pay only for those auto PHYSICAL DAMAGE COVERAGE, B. rental expenses incurred during Exclusions, paragraph 3. the policy period beginning 24 hours after the "loss" and ending, The portion of this exclusion relating to regardless of the policy s mechanical or electrical breakdown does expiration, with the lesser of the not apply to the accidental discharge of an following number of days: airbag. This coverage is excess of other collectible insurance or warranty. No 1. The number of days deductible applies to this Airbag reasonably required to Coverage. repair or replace the Includes copyrighted material of Insurance Services Office, Inc. with its permission. Copyright, Insurance Services Office, Inc., 1996 461-0155 (9-97) Page 5 of 7 14. AUTO LOAN PHYSICAL DAMAGE EXTENSION The following is added to SECTION III - PHYSICAL DAMAGE COVERAGE, C. Limit Of Insurance provision: When a "loss" results in a total loss to a covered auto you own for which a Loss Payee is designated in this policy, the most we will pay for "loss" in any one "accident" is the greater of: 1. The actual cash value of the damaged or stolen property as of the time of the "loss"; or The outstanding balance of the initial loan, less any amounts for taxes, overdue payments, overdue payment charges, penalties, interest , any charges for early termination of the loan, costs for Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan, and carry-over balances from previous loans. 15. AUTO LEASE PHYSICAL DAMAGE EXTENSION The following is added to SECTION III - PHYSICAL DAMAGE COVERAGE, C. Limit Of Insurance provision: If, because of damage, destruction or theft of a covered "auto", which is a long-term leased "auto", the lease agreement between you and the lessor is terminated, "we" will pay the difference between the amount paid under paragraph C. LIMIT OF INSURANCE 1. or 2, and the amount due at the time of "loss" under the terms of the lease agreement applicable to the leased "auto" which you are required to pay: less any fees to dispose of the auto; any overdue payments; financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; security deposits not refunded by the lessor; cost for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan; and carry over balances from previous leases. This coverage applies only to the initial lease for the covered "auto" which has not previously been leased. This coverage is excess over all other collectible insurance. SECTION IV - CONDITIONS 16. DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS The following is added to SECTION IV - BUSINESS AUTO CONDITIONS, A. Loss Conditions, 2. Duties In The Event Of Accident, Claim, Suit Or Loss: Knowledge of any "accident", claim, "suit" or "loss" will be deemed knowledge by you when notice of such "accident", claim, "suit" or "loss" has been received by: (1) You, if you are an individual; (2) Any partner or insurance manager if you are a partnership; or (3) An executive officer or insurance manager if you are a corporation. 17. BLANKET WAIVER OF SUBROGATION Paragraph 5. Transfer Of Rights Of Recovery Against Others To Us, SECTION IV - BUSINESS AUTO CONDITIONS, A. Loss Conditions is replaced by the following: Includes copyrighted material of Insurance Services Office, Inc. with its permission. Copyright, Insurance Services Office, Inc., 1996 461-0155 (9-97) Page 6 of 7 5. Transfer Of Rights Of Recovery Against Others To Us If any person or organization to or for whom we make payment under this Coverage Form has rights to recover damages from another, which have not been waived through the execution of an "insured contract", written agreement, or permit, prior to the "accident" or "loss" giving rise to the payment, those rights to recover damages from another are transferred to us. That person or organization must do everything necessary to secure our rights and must do nothing after the "accident' or 'loss" to impair them. 18. UNINTENTIONAL FAILURE TO DISCLOSE INFORMATION The following is added to SECTION IV BUSINESS AUTO CONDITIONS. B. General Conditions, paragraph 2. Concealment, Misrepresentation Or Fraud: Your unintentional error in disclosing, or failure to disclose, any material fact existing after the effective date of this Coverage Form shall not prejudice your rights under this Coverage Form. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or nonrenewal. Hanover Insunince Group.. AHDH855961 1602431 19. HIRED AUTO - WORLDWIDE COVERAGE The following is added to SECTION IV - Business Auto Conditions, B. General Conditions, paragraph 7. Policy Period, Coverage Territory provision: e. Outside the coverage territory described in a., b., c., and d. above for an "accident' or 'loss" resulting from the use of a covered "auto" you hire, without a driver, or your employee hires without a driver, at your direction, for the purpose of conducting your business, for a period of 30 days or less, provided the suit is brought within The United States of America or its territories or possessions. SECTION V - DEFINITIONS 20. MENTAL ANGUISH Paragraph C. 'Bodily injury", SECTION V - DEFINITIONS is replaced by the following: C. "Bodily injury" means bodily injury, sickness or disease sustained by a person including death or mental anguish resulting from any of these. Includes copyrighted material of Insurance Services Office, Inc. with its permission. Copyright, Insurance Services Office, Inc., 1996 461-0155 (9-97) Page 7 of 7