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HomeMy WebLinkAbout6762 Docusign Envelope ID:9811 F183-A610-4D75-AFCC-70A1 EA79E0D5 AGENDA BILL CITY OF BREMERTON 4 E CITY COUNCIL SUBJECT: Study Session Date: August 14, 2024 Agreement with Tacoma Pump & Drilling COUNCIL MEETING Date: August 21, 2024 Co. Inc. for the Well 7A Drilling Project Department: PW&U Presenter: Bill Davis Phone: (360) 473-2312 SUMMARY: The work includes all materials, equipment, supplies, and services necessary to drill and develop new Well 7A to replace the original Well 7. The original Well 7 was constructed in 1947 and rehabilitated several times, most recently in 2019. In 2022, the well output significantly dropped and was permanently taken out of service upon recommendation of the City's hydrogeologist. The new Well 7A will be drilled adjacent to the former Well 7. Three bids were received, and bids were opened on July 24, 2024. Tacoma Pump & Drilling Co. Inc. was the low responsible and responsive bidder in the amount of$851,650.80 (which includes sales tax). ATTACHMENTS: 1)Agreement; 2) Vicinity Map; 3) Bid Tabulation FISCAL IMPACTS (Include Budgeted Amount): The project is included in the Water CIP. The original project budget was $500,000, however, the overall project cost has increased by $600,000 for a total budget of$1,100,000. A budget adjustment will be required to complete the project. STUDY SESSION ACTION: 0 Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to award the contract for Well 7A Drilling to Tacoma Pump & Drilling Co. Inc. in the amount of$851,650.80 (including sales tax) and increase the project budget by $600,000 and to authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: NI Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/02/2018 Docusign Envelope ID:9811 F183-A610-4D75-AFCC-70A1 EA79E0D5 SECTION 00 52 00 AGREEMENT THIS AGREEMENT is dated the 21st day of August in the year 2024 by and between City of Bremerton (hereinafter called OWNER) and Tacoma Pump & Drilling Co. Inc. (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. WORK. CONTRACTOR shall complete the WORK as specified or indicated in the OWNERS's Contract Documents titled WELL 7A DRILLING. ARTICLE 2. CONTRACT TIMES. The WORK shall obtain Substantial Completion within 90-calendar days from the commencement date stated in the Notice to Proceed. Time is of the essence as to each and every deadline set forth in this agreement. This provision has been specifically negotiated. Final Completion and Acceptance of WORK shall be achieved no later than 30 calendar days following Substantial Completion. ARTICLE 3. LIQUIDATED DAMAGES. OWNER and the CONTRACTOR recognize that time is of the essence for this Agreement and that the OWNER will suffer financial loss if the WORK is not completed within the time specified in Article 2 herein, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions and Supplementary Conditions. They also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by the OWNER if the WORK is not completed on time. Accordingly, instead of requiring any such proof, the CONTRACTOR shall pay the OWNER liquidated damages for the delay (Not as a penalty) in the amount of $900 per day that expires after the time specified in Article 2. ARTICLE 4. CONTRACT PRICE. OWNER shall pay CONTRACTOR for completion of the WORK in accordance with the Contract Documents in the amount set forth in the Bid Schedule(s). ARTICLE 5. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. Initial 0- Contractor Initials Well 7A Drilling Agreement July 2024 00 52 00-1 Docusign Envelope ID:9811 F183-A610-4D75-AFCC-70A1 EA79E0D5 ARTICLE 6. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the WORK consist of this Agreement (Section 00500) and the following which are either attached or incorporated herein by reference: • Notice Inviting Bids (Section 00 11 16) • Bidders Checklist (Section 00 11 16.1) • Bid Proposal including the Bid, Bid Schedule(s), Information Required of Bidder, Bid Bond, and all required certificates and affidavits (Section 00 41 00) • Performance Bond (Section 00 61 13.13) • Payment Bond (Section 00 61 13.16) • General Conditions (Section 00 72 00) • Supplementary General Conditions (Section 00 73 00) • Technical Specifications and Appendices as listed in the Table of Contents • Drawings as listed in the List of Drawings • Addenda numbers 1 to 2 , inclusive • Change Orders which may be delivered or issued after Effective Date of the Agreement and are not attached hereto There are no Contract Documents other than those listed in this Article 6. The Contract Documents may only be amended by Change Order as provided in Section 3.04 of the General Conditions. ARTICLE 7. WAIVER OF IMMUNITY. The CONTRACTOR and OWNER acknowledge and agree that they have negotiated the following in accordance with the requirements of RCW 4.24.115 and the CONTRACTOR specifically waives his immunity under industrial insurance under Title 51 RCW. The CONTRACTOR and OWNER acknowledge and agree to the requirements for indemnification in Sections 6.20 of the General Conditions and Supplementary Conditions. The provisions of this section shall survive the termination of the contract. ARTICLE 8. SUSPENSION OF WORK AND TERMINATION. The CONTRACTOR agrees to the right of the OWNER to suspend work or terminate this agreement as indicated in Article 15 of the General Conditions and Supplementary Coy:dens. Contractor Initial Well 7A Drilling Agreement July 2024 00 52 00-2 Docusign Envelope ID:9811 F183-A610-4D75-AFCC-70A1 EA79E0D5 ARTICLE 9. ASSIGNMENT No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. The OWNER, in its sole discretion, may refuse to allow the CONTRACTOR to assign any or all of its duties, rights and/or responsibilities under the Agreement, except with regards to an assignment of funds for security purposes. In the case of an assignment for security purposes the CITY may condition its approval to the extent it deems necessary to assure that there will be adequate funds to complete the WORK and to pay subcontractors and suppliers. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. IN WITNESS WHEREOF, OWNER and CONTRACTOR have caused this Agreement to be executed the day and year first above written. OWNER: City of Bremerton CONTRACTOR Tacoma Pump & Drilling Co. Inc. Signed by: Signed by: 13A1-4CO3 E&E747D... B'150FB71 D4DD... (Signature) (Signature) By Greg wheeler, Mayor By Eric Hansen , President (Printed name) (Printed name) f£ORPORATE SEAL] DocuSigned by: Attest ktiitA,A Attest ' 01 tbAntrnruz4ot... Address for giving notices: Address for giving notices: City of Bremerton Tacoma Pump & Drilling Co Inc 345 6th Street, Suite 100 30316 Mountain Hwy E Bremerton, WA 98337 Graham, WA 98338 TACOMPD203PF License No. A • iVim to Form: Abflutti, rola, 62ncc aaa-B ... (Signature) Age ,f� ledvdyletof process: City Attorney (Title) Well 7A Drilling Agreement July 2024 00 52 00-3 Docusign Envelope ID:9811 F183-A610-4D75-AFCC-70A1 EA79E0D5 AGREEMENT CERTIFICATE (if Corporation) STATE OF Washington ) SS: COUNTY OF Pierce I HEREBY CERTIFY that a meeting of the Board of Directors of the Tacoma Pump and Drilling , Inc . a corporation existing under the laws of the State of Washington , held on Sept 18 , 2024, the following resolution was duly passed and adopted: "RESOLVED, that Eric Hansen , as President of the Corporation, be and is hereby authorized to execute the CONTRACT dated August,21, 2024, by and between this Corporation and City of Bremerton and that his/her execution thereof, attested by the Secretary of the Corporation, and with the Corporate Seal affixed, shall be the official act and deed of this Corporation." I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, t have my hand and affixed the official al of the corporation this 18th , day of Sept , 2024. Signed by: 1345OF071D1:0100... Secretary SAL) Well 7A Drilling Agreement July 2024 00 52 00-4 Docusign Envelope ID:9811 F183-A610-4D75-AFCC-70A1 EA79E0D5 AGREEMENT CERTIFICATE (if Partnership) STATE OF SS: COUNTY OF I HEREBY CERTIFY that a meeting of the Partners of the a partnership existing under the laws of the State of , held on , 2024, the following resolution was duly passed and adopted: "RESOLVED, that , as of the Partnership, be and is hereby authorized to execute the CONTRACT dated 2024, by and between this Partnership and City of Bremerton and that his/her execution thereof, attested by the shall be the official act and deed of this Partnership." I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this day of , 2024. Partner (SEAL) Well 7A Drilling Agreement July 2024 00 52 00-5 Docusign Envelope ID:9811 F183-A610-4D75-AFCC-70A1 EA79E0D5 AGREEMENT CERTIFICATE (if Joint Venture) STATE OF SS: COUNTY OF I HEREBY CERTIFY that a meeting of the Principals of the a joint venture existing under the laws of the State of , held on , 2024, the following resolution was duly passed and adopted: "RESOLVED, that , as of the Joint Venture, be and is hereby authorized to execute the CONTRACT dated 2024, by and between this Joint Venture and City of Bremerton and that his/her execution thereof, attested by the shall be the official act and deed of this Joint Venture." I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this day of ,2024. Managing Partner (SEAL) Well 7A Drilling Agreement July 2024 00 52 00-6 Docusign Envelope ID:9811 F183-A610-4D75-AFCC-70A1 EA79E0D5 AGREEMENT CERTIFICATE (if Limited Liability Company) STATE OF SS: COUNTY OF I HEREBY CERTIFY that a meeting of the Members of the a Limited Liability Company existing under the laws of the State of , held on , 2024, the following resolution was duly passed and adopted: "RESOLVED, that , and as members of the Limited Liability Company, be and are hereby authorized to execute the CONTRACT dated 2024, to the City of Bremerton by this Limited Liability Company and that their execution thereof shall be the official act and deed of this Limited Liability Company." I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this day of , 2024. A Limited Liability Company By: Member By: Member (SEAL) Well 7A Drilling Agreement July 2024 00 52 00-7 Docusign Envelope ID:9811 F183-A610-4D75-AFCC-70A1 EA79E0D5 SECTION 00 41 00 BID FORMS ACKNOWLEDGEMENT OF BID AND ADDENDA BID TO: CITY OF BREMERTON, PUBLIC WORKS AND UTILITIES ENGINEERING DIVISION 1. The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with the OWNER in the form included in the Contract Documents to perform the WORK as specified or indicated in said Contract Documents titled "Well 7A Drilling". 2. Bidder accepts all of the terms and conditions of the Contract Documents, including without limitation those in the Notice Inviting Bids and Instruction to Bidders,dealing with the disposition of Bid Security. 3. This Bid will remain open for the period stated in the "Notice Inviting Bids" unless otherwise required by law. Bidder will enter into an Agreement within the time and in the manner required in the "Notice Inviting Bids" and the "Instructions to Bidders," and will furnish the insurance certificates, Payment Bond, and Performance Bond required by the Contract Documents. 4. Bidder has examined copies of all the Contract Documents including the following addenda (receipt of all of which is hereby acknowledged). Failure to acknowledge addenda shall render the bid non-responsive and shall be cause for its rejection. Number: Date: Number: Date: � , 7` Number: Date: Number: Date: 5. Bidder has familiarized itself with the nature and extent of the Contract Documents, WORK, site, locality where the WORK is to be performed, the legal requirements (federal, state and local laws, ordinances, rules, and regulations), and the conditions affecting cost, progress or performance of the WORK and has made such independent investigations as Bidder deems necessary. To all the foregoing, and including all Bid Forms contained in this Bid, said Bidder further agrees to complete the WORK required under the Contract Documents within the Contract Time stipulated in said Contract Documents, and to accept in full payment therefore the Contract Price based on the Total Bid Price(s) named in the aforementioned Bid Forms. Date:7/9/24 Bidder(Co _any): Tacoma Pump & Drilling Co Inc By: ( ature) Title: President Well 7A Drilling Bid Forms July 2024 00 41 00-1 Docusign Envelope ID:9811 F183-A610-4D75-AFCC-70A1 EA79E0D5 BID CERTIFICATE (if Corporation) STATE OF ) SS: COUNTY OF Washington ) I HEREBY CERTIFY that a meeting of the Board of Directors of the Tacoma Pump & Drilling Co Inc 30316 Mountain Hwy E Graham WA 98338 a corporation existing under the laws of the State of Washington , held on ��1 U V A g-1 1 , 2024,the following resolution was duly passed and adopted: "RESOLVED, that Eric Hansen , as President President of the Corporation, be and is hereby authorized to execute the Bid dated 7/09/2024 , 2024, to the City of Bremerton by this corporation and that his/her execution thereof, attested by the Secretary of the Corporation, and with the Corporate Seal affixed, shall be the official act and deed of this Corporation." I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the corporation this 9th , day of Jul 2024. Se retar (SEAL) Well 7A Drilling Bid Forms July 2024 00 41 00-2 Docusign Envelope ID:9811 F183-A610-4D75-AFCC-70A1 EA79E0D5 THIS PAGE INTENTIONALLY LEFT BLANK Docusign Envelope ID:9811 F183-A610-4D75-AFCC-70A1 EA79E0D5 BID SCHEDULE Following is the Bid Schedule for construction of the WELL 7A DRILLING in accordance with the Contract Documents. The Bid Schedule must be completed by the Bidder by filling in each blank. The cost item shall be in dollars and cents,using numerals only. Failure to do so will render the bid non- responsive and will cause its rejection. Washington State Department of Revenue Rule 170 applies to this project. Bids will be evaluated on the basis of the TOTAL BID PRICE. Item Description QtY Unit Unit Price ($) Total Price($) 1 Minor Changes and Force Account N/A 50,000.00 Erosion Control and Environmental 2 LS Protection 12000.00 3 Mobilization &Demobilization LS 70900.00 4 Inter-Aquifer and Surface Seal 400 LF 295.00 118000.00 Furnish and Install 20-inch Diameter 5 50 LF Temporary Casing 300.00 15000.00 Drill Hole for 16-inch Diameter 6 350 LF Casing 380.00 133000.00 Furnish and Install 16-inch Diameter 402 LF Casing 190.00 76380.00 8 Drill I6-Inch Nominal Hole for 250 LF Completion 300.00 75000.00 9 Plumbness and Alignment Test LS 9000.00 Furnish Well Screen and Cost+ 10 TBD 50,000.00 Appurtenances 20% Cost+ I I Additional Materials TBD 20% 35,000.00 12 Authorized Rig Work 120 Hour 600.00 72000.00 13 Authorized Shop/Standby Work 16 Hour480.00 7680.00 14 Provide,Install & Remove Test Pump, LS Operate 4 Hours 39000.00 15 Additional Test Pumping Beyond 4 28 Hour hours 480.00 13440.00 16 Video Inspection 1 LS 3500.00 BASE BID TOTAL 779900.00 ESTIMATED SALES TAX AT 9.2% 71750.80 TOTAL BID PRICE(Base Bid Total plus Estimated Sales Tax) 851650.80 Well 7A Drilling Bid Forms July 2024 00 41 00-6 Docusign Envelope ID:9811 F183-A610-4D75-AFCC-70A1 EA79E0D5 Well 7A Drilling Bid Forms July 2024 00 41 00-7 is Docusign Envelope ID:9811 F183-A610-4D75-AFCC-70A1 EA79E0D5 BID BOND KNOW ALL MEN BY THESE PRESENTS, That Tacoma Pump &Drilling Co.Inc. as Principal,and Contractors Bonding and Insurance Company as Surety, are held and firmly bound unto City of Bremerton hereinafter called"OWNER," in the sum of Five Percent of the Total Amount Bid--05%-- dollars, (not less than five percent(5%)of the total amount of the Bid) for the payment of which sum,well and truly to be made,we bind ourselves, our heirs,executors, administrators, successors, and assigns,jointly and severally,firmly by these presents. WHEREAS, said Principal has submitted a Bid to said OWNER to perform the WORK required under the bidding schedule(s) of the OWNER's Contract Documents entitled WELL 7A DRILLING. If the Principal is awarded the Bid and,within 14 calendar days after receipt of the Contract Document forms from the OWNER,fails to provide the OWNER with the duly executed Agreement; the duly executed Certificates of Insurance,the duly executed Performance Bond and the duly executed Payment Bond, all as specified in the Contract Documents,then the Surety shall,without condition and within 30 calendar days from written demand from the OWNER, pay to the OWNER in U.S.funds, by certified or cashier's check, the full amount of this Bid Bond.This Bond shall be irrevocable for 90 days after the bid opening, as defined in the Contract Documents. The Surety stipulates and agrees that the obligation of said Surety shall in no way be impaired or affected by an extension of the time within which the OWNER may accept such bid and Surety further waives notice of any such extension. In the event suit is brought upon this bond by said OWNER and OWNER prevails, said Principal and Surety shall pay all costs incurred by said OWNER in such suit, including reasonable attorney's fees and costs to be fixed by the court. SIGNED AND SEALED,this day of July 8 , 2024 Tacoma Pump&Drilling Co.Inc. (SEAL) Contractors Bonding and Insurance Company (SEAL) Principal) (Surety) \\\\11111111111111 I' By. By. Q., / L, Az 2 oQy c• °PP0n4rm gym (Signature) '~ • •° _ • =; SEAL I'I (SEAL AND NOTARIAL ACKNOWLEDGMENT OF SURETY) ;ruNo�s Address of Surety to which all notices shall be sent: 19020 33rd Ave.W Suite 460 Lynnwood,WA 98036 Address for Service of Process (must be a physical address): 19401 40th Ave.,Suite 440 Lynnwood,WA 98036 Well 7A Drilling Bid Forms July 2024 00 41 00-8 Docusign Envelope ID:9811 F183-A610-4D75-AFCC-70A1 EA79E0D5 POWER OF ATTORNEY RLI Insurance Company Contractors Bonding and Insurance Company 9025 N.Lindbergh Dr. Peoria,IL 61615 Phone: 800-645-2402 Know All Men by These Presents: That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That RLI Insurance Company and/or Contractors Bonding and Insurance Company, each an Illinois corporation, (separately and together,the"Company")do hereby make,constitute and appoint: Jennifer D.Lutz,Linda K.Minami,Cindy Slater-Rogers,Carlos Garces,Kristin Jackson,Curt Olsen,Dave Werme,Jody Hawley, Kristin Noe-Dombrowik,Neil Muller,Nicole Siegfried,Sue Yun,Paula Lively,jointly or severally in the City of Lynnwood , State of Washington its true and lawful Agent(s) and Attorney(s) in Fact,with full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, in general, any and all bonds and undertakings in an amount not to exceed Twenty Five Million Dollars ( $25,000,000.00 )for any single obligation. The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon the Company as if such bond had been executed and acknowledged by the regularly elected officers of the Company. RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have each further certified that the following is a true and exact copy of a Resolution adopted by the Board of Directors of each such corporation,and is now in force,to-wit: "All bonds,policies,undertakings,Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President,Secretary,any Assistant Secretary,Treasurer,or any Vice President,or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds,policies or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds,policies,undertakings,Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." IN WITNESS WHEREOF, the RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have caused these presents to be executed by its respective Sr.Vice President with its corporate seal affixed this 4th day of June , 2024 . RLI Insurance Company ,.`��NG AND/,ySG''-,,, `SJ�:N�E OO Contractors Bonding and Ins ance Company �Qy '•OpPOA••••.2', , '4T •99n' �a••' POR•• o• .74 • 4 A m ¢ GOP ATF • c - SEAL •. D= SEAL . By: a = Eric Raudins Sr.Vice President N2 State of Illinois ;�1.1tico „°' ��C I N o�S„`` SS Countyof Peoria CERTIFICATE On this 4th day of June 2024 , before me, a Notary Public, I, the undersigned officer of RLI Insurance Company and/or personally appeared Eric Raudins who being by me duly sworn, Contractors Bonding and Insurance Company, do hereby certify acknowledged that he signed the above Power of Attorney as the aforesaid that the attached Power of Attorney is in full force and effect and is officer of the RLI Insurance Company and/or Contractors Bonding and irrevocable; and furthermore, that the Resolution of the Company as Insurance Company and acknowledged said instrument to be the voluntary set forth in the Power of Attorney, is now in force. In testimony act and deed of said corporation. whereof, I have hereunto set my hand and the seal of the RLI Insurance Company and/or Contractors Bondin and Insurance ///,/ / Company this 8th day of July , 2024 By: C'l. Company �. RLI Insurance Com any Jill A.Scott Notary Public Contractors Bonding and Insurance Company mlar Scorr Notary Public --- ,�, State of Ohlo By: . ~'f'`M ' i My Comm.Expires Jeffrey ic-1 Corporate Secretary oy f't:,S o` September 22,2025 4672772020212 A0058D 19 Docusign Envelope ID:9811 F183-A610-4D75-AFCC-70A1 EA79E0D5 LIST OF SUBCONTRACTORS The Bidder shall provide the following information for each Subcontractor who will perform work or labor or render service to the CONTRACTOR in or about the construction of the work or improvement in an amount in excess of ten (10)percent of the CONTRACTOR's total bid."Render service"includes a subcontractor that specially fabricates and installs a portion of the work or improvement.The Bidder agrees to submit the list of Subcontractors as part of the Bid or within ONE HOUR of the Bid. The CONTRACTOR shall list only one Subcontractor for each portion of the WORK as is defined by the CONTRACTOR in its bid. If no Subcontractor is listed,the bidder acknowledges that it does not intend to use any subcontractor whose work on the CONTRACT will exceed ten (10) percent of the bid price. Failure to comply with this requirement may render the Bid non-responsive and may cause its rejection. Attach additional sheets if required. SUBCONTRACTOR Company Name: None Subcontractor License #: Work to be Performed: Address: Phone Number: Bid Amount and % of Total Bid: SUBCONTRACTOR Company Name: Subcontractor License #: Work to be Performed: Address: Phone Number: Bid Amount and % of Total Bid: SUBCONTRACTOR Company Name: Subcontractor License #: Work to be Performed: Address: Phone Number: Bid Amount and % of Total Bid: SUBCONTRACTOR Company Name: Subcontractor License #: Work to be Performed: Address: Phone Number: Bid Amount and % of Total Bid: Well 7A Drilling Bid Forms July 2024 00 41 00-9 Docusign Envelope ID:9811 F183-A610-4D75-AFCC-70A1 EA79E0D5 INFORMATION REQUIRED OF BIDDER The Bidder shall furnish the following information. Additional sheets shall be attached as required. Failure to complete these items may cause the Bid to be non-responsive and may cause its rejection. In any event, no award will be made until all of the Bidder's General Information is delivered to the OWNER. Contractor Name: Tacoma Pump & Drilling Co Inc Primary Classification: General Contractor/ Licensed Driller Address: 30316 MOUNTAIN HWY E Graham WA 98338 Telephone: 253-847-9352 Fax Number: 253-847-9623 E-mail Address: andrea@tacomadrilling.com Name and contact information for proposed Project Manager: Eric Hansen eric@tacomadrilling.com Employment Security Department Number: 245531000 Washington Industrial Insurance Number: 177,857-00 Washington State Unified Business Identification (UBI) Number: 278-039-649 Washington State Excise Tax Registration Number: TACOMPD203PF Washington State Contractor's Registration Number and Expiration Date:07/05/2026 City of Bremerton Business License Number: _37g73 *If not available, must be obtained prior to issuance of Notice to Proceed Name, address, and telephone number of Surety Company and Agent who will provide the required bonds this Contract: Contractors Bonding and Insurance Company 19020 33rd Ave W Suite 460 Lynwood WA 98036 Well 7A Drilling Bid Forms July 2024 00 41 00-10 Docusign Envelope ID:9811 F183-A610-4D75-AFCC-70A1 EA79E0D5 0 rN to 0 E O N 0) In v E t-1 O m Co N — f0 Co l0 m ti w -o Co iy v v co a a w N a O o E O1 -o ' 0 m w co -o n in al 03tx) DI N a) ,-1 O tb a �O co 0) La) N in N O a m v m Oo 0• o 0 -o O' N V N 0u - o a o v Co - a a m a E y 2 00 co mO O E o E CoV O 3 w La, Co v O n ID v E 01 2 FP m FP, m mE '.0 0 0 o No u 'a "i N - O N N N 00 e-1 00 N H e-1 ri -CO L 0 O O ON N N N N m C O O NO O NO O O ____,IC)" NO N N N • O N N - E a .0 Co0 U C N O mCD O C) 00 O M. 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O .c m .0 4.4 F- a H 0) O 'O O Y U Co 3 Co U 0 Z Docusign Envelope ID:9811 F183-A610-4D75-AFCC-70A1 EA79E0D5 List of Equipment Expected to be used for this project: 2009 Kenworth with a Foremost DR24 Drill Rig 2003 Kenworth with a Foremost DR24HD Drill Rig 1996 Kenworth Support Turck with Boom 2013 Genie Forlift RST-1400 Drill Fluid Mixing&Cleaning System-Trailer Mounted Docusign Envelope ID:9811 F183-A610-4D75-AFCC-70A1 EA79E0D5 r; ,h11-1;: I 1n?? 3�^- -ems. _ ' ' : ""? -_ 10 .101.4-1##41: —szti41,C)•_(0&I1.,4i).!0i g.0liI*.0 0°P0, CA ._- r`"'v®qt W s i. o. r tt� �a ctI, . X," �'' .w"' - .+.,_.a:wpm:aa._,.__:.'...-.:<..Y..ti-"^.a$ Y_"�:.=_"2_'' .<�..... ......^.aa.,,. ie__ .,..<.<,.,+ .._..<._..._... ,.,._.... :: xt $x + Tacoma Pump&Drilling values are based on a family tradition of safety Environmental & Geotechnical first, hard work and superior workmanship. We are committed to Boreholes, Pilings, Elevator Shafts, Exploratory Drilling Quality, Honesty and Integrity in our Well Installation business. Our role is both creative and technical, our work is justified by its Large Diameter Water Well, Residential Water Well performance, and application of drilling Well Abandonment solutions. Our team is highly trained and knowledgeable and can expertly Soil Sampling & Rock Coring render a variety of drilling services. We �. .�w. � ���v�. �- �x �: ,�� sty are recognized as a result of completing ;.--�w -_ - complex and innovative drilling projects ., on-time and within budget. Eric Hansen-President-Driller WA/OR -..s„ - : :;F.-_ . Jon Hansen-Vice President-Project Manager T p : `.. ;_ ,;_%- Andrea Sodon-Office Manager FED ID#91-0724161 SAM#JYBTE2FEYE69 Matthew Call-Driller WA/OR CAGE CODE-074T1 Jacob Hansen-Driller WA 11 213112 :, ; s `_.. , :. _ °; NAICS CODES 237 0, -, ; GC#-TACOMPD203PF � w�xx r. ,.r , <�: �,�^, : -� .,.__ +,�.� �s_x;�,�>_<��.� ..v.<:��� V - Z:? ^•_i'. '3- ' Minimum of 5 years drilling experience OSHA 40 Hour HAZWOPER Training&8 Hour Annual Refreshers WA Dept.of Fish &Wildlife OSHA 30-Hr Outreach Training for the Construction Industry Indian Health Services of WA DoD, EPA, Railroad, Major Oil & Industrial, and other Site- King County Water District Specific Training Pierce County Public Works Dept. MSHA Training First Aid/CPR Training Nisqually Indian Tribe TP&D Corporate Employee Safety Training Puget Sound Energy _, ^._ ,., 4 - °=pi,=- ._. :«m ° _:< `'- ¢�^ ifie<�'� , � City of Milton x Contractors Bonding and Insurance Company$1,000,000 City of Tacoma single limit$3,000,000 aggregate limit JBLM—Bangor Navy Base <§A '° . f-<�E- -� . x CH2M Hill, Robinson Noble, PGWG -are.... :b5 .= Washington and Oregon 30316 Mountain Hwy. E., Graham, 98338 Phone: 1-888-DRIL-RIG (253)847-9352 Fax: (253) 847-9623 www.tacomadrilling.com contact@tacomadrilling.com Docusign Envelope ID:9811 F183-A610-4D75-AFCC-70A1 EA79E0D5 Established in 1933 io tililk *,'. 1.,', SY ;,-„::-.4:1;'5- ifit..:.,-.X;W7' i-:, •;-::!TM.. 4. '1-f,::4,i4(!11, ..'.0t::: 1/4-,t1,:''I„:z0 '':::''':':':::::::::::;: *Fun: ®r' r Tacoma Pump & Drilling values are based on a family tradition of safety first, hard work and superior workmanship. We are committed to Quality, Honesty and Integrity in our business. Our role is both creative and technical, our work is justified by its performance, and the application of drilling solutions. Our team is highly trained and knowledgeable and can expertly render a variety of drilling services. We are recognized as a result of completing thousands of complex and innovative drilling projects on-tinge and within budget. We are committed to Quality, Honesty and Integrity in our business. Our role is both creative and technical, and our work is justified by its performance, and the application of drilling solutions. Our team is highly trained and knowledgeable and can expertly render a variety of drilling services. Environmental & Geotechnical Boreholes, Pilings, Elevator Shafts Exploratory Drilling Well Installation Large Diameter Water Well, Residential Water Well Well Abandonment Soil Sampling & Rock Coring 30316 Mountain Hwy. E.,Graham,98338 Phone: 1-888-DRIL-RIG (253) 847-9352 Fax: (253) 847-9623 www.tacomadrilling.com contact@tacomadrilling.com Docusign Envelope ID:9811 F183-A610-4D75-AFCC-70A1 EA79E0D5 Established in 1933 16° c ¢ 4- -:-- r fi �„.. CAPABILITY-, :.. �.T :., �. 'a''- .. Certifications Minimum of 5 years drilling experience OSHA 40 Hour HAZWOPER Training & 8 Hour Annual Refreshers OSHA 30-Hr Outreach Training for the Construction Industry DoD, EPA, Railroad, Major Oil & Industrial, and other Site-Specific Training MSHA Training First Aid/CPR Training TP&D Corporate Employee Safety Training Environmental & Geotechnical Boreholes Pilings Elevator Shafts Exploratory Drilling Well Installation Large Diameter Water Well Residential Water Well Well Abandonment Soil Sampling & Rock Coring 30316 Mountain Hwy. E., Graham, 98338 Phone: 1-888-DRIL-RIG (253) 847-9352 Fax: (253) 847-9623 www.tacomadrilling.com contact@tacomadrilling.com 1 Docusign Envelope ID:9811 F183-A610-4D75-AFCC-70A1 EA79E0D5 PROJECT REFERENCES & GENERAL INFORMATION To be considered for award, the CONTRACTOR shall have completed at least three (3) projects of similar type, complexity, and comparable value to that WORK described in Notice Inviting Bids. ATTACH TO THIS BID, or provide within 24 hours of the Bid Opening, a list of three (3) projects minimum, completed by the CONTRACTOR, that are similar to this project nature, value, and complexity of work. The projects must have been completed under the bidder's name as the prime (general) contractor within the last five (5) years. The list shall include the following information as a minimum: • Names, address, and telephone number of Owner. • Name of project. • Location of project. • Brief description of the work involved. • Contract amount. • Date of completion of contract. • Name, address, and telephone number of architect or engineer. • Name of owner's project engineer. Additionally include the following general company information within 24 hours of the Bid Opening: • List of major equipment. • Years in business under current name. • Contracts now in hand, gross amount, and percent complete. Well 7A Drilling Bid Forms July 2024 00 41 00-11 Docusign Envelope ID:9811 F183-A610-4D75-AFCC-70A1 EA79E0D5 NON-COLLUSION AFFIDAVIT STATE OF SS: COUNTY OF WA Eric Hansen Pres. , being first duly sworn, deposes and says that he or she is of the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Signed: Subscribed and sworn to before me this 9th day of July , 2024 s`° p,®01511SI,I IYI17 /fp`'' Notary Public in and for the t 4 �ot� 4_\00�/202 0 6 o a NOTARY N County of Pierce PURL\ rhi State of Washington °` • ••••A••°,�,�� (SEAL) Well 7A Drilling Bid Forms July 2024 00 41 00-12 Docusign Envelope ID:9811 F183-A610-4D75-AFCC-70A1 EA79E0D5 CERTIFICATION BY PROPOSED CONTRACTOR REGARDING EQUAL EMPLOYMENT In accordance with Chapter 56, Laws of 1975 1st Extraordinary Session, Certification regarding Equal Opportunity is required of bidders or prospective contractors and their proposed subcontractors prior to the award of contracts or subcontracts. Name of Prime Contractor Tacoma Pump & Drilling Co Inc Address 30316 Mountain Hwy E Graham WA 98338 Internal Revenue Service Employer Identification No. 91-0724161 a. Contractor has participated in a previous contract Yes X No or subcontract subject to the Equal Opportunity Clause. b. Compliance reports were required to be filed in Yes X No connection with such contract/subcontract. c. Contractor has filed all compliance reports required by Yes X No Executive Orders 10925, 11114, 11246, or by regulations of the Equal Opportunity Commission issued pursuant to Title VII of the Civil Rights Act of 1964. a. If answer to item 'c' is "no", please explain in detail in the space below. CERTIFICATION: I, the undersigned, certify that the information above is true and complete to the best of my knowledge and belief. Tacoma Pump & Drilling Co Inc Company Name Eric Hansen Pres. Name d Title of Signer (Please type or print clearly) ✓� 7/9/24 Signature Date Well 7A Drilling Bid Forms July 2024 00 41 00-13 Docusign Envelope ID:9811 F183-A610-4D75-AFCC-70A1 EA79E0D5 CERTIFICATION OF NON-SEGREGATED FACILITIES (Applicable to federally assisted construction contracts and related subcontracts exceeding $10,000 which are not exempt from the Equal Opportunity clause.) The federally assisted construction contractor certifies that he/she does not maintain or provide for his/her employees any segregated facilities at any of his/her establishments, and that he/she does not permit his/her employees to perform their services at any location, under his/her control, where segregated facilities are maintained. The federally assisted construction contractor certified, further that he/she will not maintain or provide for his/her employees any segregated facilities at any of his/her establishments, and that he/she will not permit his/her employees to perform their services at any location, under his/her control, where segregated facilities are maintained. The federally assisted construction contractor agrees that a breach of this certification is a violation of the Equal Opportunity clause in this contract. As used in this certification, the term "segregated facilities" means any waiting rooms, work area, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or area, in fact, segregated on the basis of race, creed, color, or national origin, because of habit, local custom, or otherwise. The federally assisted construction contractor agrees that (except where he/she has obtained identical certifications from proposed contractors for specific time periods) he/she will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause, and that he/she will retain such, certification in this file. CERTIFICATION: I, the undersigned, certify that the information above is true and complete to the best of my knowledge and belief. Tacoma Pump & Drilling Co Inc Company Name Eric Hansen Pres. Name ale of Signer (Please type or print clearly) 7/9/24 Signature Date Well 7A Drilling Bid Forms July 2024 00 41 00-14 Docusign Envelope ID:9811 F183-A610-4D75-AFCC-70A1 EA79E0D5 CERTIFICATION OF FEDERAL NON-DEBARMENT AND SUSPENSION INSTRUCTIONS TO BIDDERS: THIS FORM SHALL BE EXECUTED BY THE CONTRACTOR AND SUBMITTED WITH THE BID. THE CONTRACTOR SHALL MAKE COPIES AND DISTRIBUTE THIS FORM TO ALL SUBCONTRACTORS. SUBCONTRACTORS MUST SUBMIT THIS FORM TO THE CITY PRIOR TO PERFORMING ANY WORK ON THE PROJECT. As a prospective contractor for the City of Bremerton and as a requirement of your submittal, you are required to provide debarment/suspension certification indicating that you are in compliance with the below Federal Executive Order. Debarment: Federal Executive Order(E.O.) 12549 "Debarment and Suspension" requires that all contractors receiving individual awards or using federal funds, and all sub-recipients certify that the organization and its principals are not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency from doing business with the Federal Government or from receiving Federally-assisted contracts. Your signature certifies that neither you nor your principal is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. If, at any time during the term of the contract, such condition occurs the Contractor will notify the City without delay. CERTIFICATION: I, the undersigned, certify that the information above is true and complete to the best of my knowledge and belief. Tacoma Pump & Drilling Co Inc Company Name Eric Hansen Pres. Name Title of Signer (Please type or print clearly) 7/9/24 Signature Date Well 7A Drilling Bid Forms July 2024 00 41 00-15 Docusign Envelope ID:9811 F183-A610-4D75-AFCC-70A1 EA79E0D5 CERTIFICATION OF COMPLIANCE WITH WAGE PAYMENT STATUTES The undersigned bidder hereby certifies that, within the three (3) year period immediately preceding the bid solicitation date for this Project, that the bidder is not a"willful" violator, as defined in RCW 49.48.082, of any provision of chapters 49.46, 49.48, or 49.52 ROW, as determined by a final and binding citation and notice of assessment issued by the Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction. "I certify under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct." Signature: Date: 7/9/24 Print Name and Title: Location or Place executed: (City, State) Eric Hansen Pres. Graham WA 98338 Check One: Individual ❑ Partnership ❑ Joint Venture ❑ Corporation State of Incorporation, or if not a corporation, State where business entity was formed: Washington If a co-partnership, give firm name under which business is transacted: Note: If a corporation, proposal must be executed in the corporate name by the president or vice-president(or any other corporate officer accompanied by evidence of authority to sign). If a co-partnership, proposal must be executed by a partner. END OF BID FORMS Well 7A Drilling Bid Forms July 2024 00 41 00-16 Docusign Envelope ID:9811 F183-A610-4D75-AFCC-70A1 EA79E0D5 I N‘,. s!,2 A , ,. k cz irrs -.7- 6 ! \(%) ' t‘z., N C co 2E N. 1 M Pj M o f) '4 -C7 J N� IC) (*1<•Z.i \ (..),. Vi I,a kx) N o� N TACOPUM-01 JTERRAZAS , r 4 DATE(MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 9/18/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Acrisure Northwest Partners Insurance Services,LLC PHONE g00 442-1281 FAX 425 291-5100 19401 40th Ave W,Suite 440 (A/C,No,Ext):( ) (A/C,No):( ) Lynnwood,WA 98036 ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:The Continental Insurance Company 35289 INSURED INSURER B: Tacoma Pump And Drilling Co.Inc dba King Brothers Drilling INSURER C: 30316 Mountain Hwy E INSURER D: Graham,WA 98338 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR W POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD VD (MM/DD/YYYY) (MM/DD/YYYY) A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR 7015005814 6/1/2024 6/1/2025 DAMAGE TO RENTED 100,000 PREMISES(Ea occurrence) $ 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 PECOT LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: WA STOP GAP $ 1,000,000 A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 (Ea accident) X ANY AUTO 7015005828 6/1/2024 6/1/2025 BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ X AUTOS ONLY X AUUTOS ONLY PROPERTY DAMAGE Per accident A X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 10,000,000 EXCESS LIAB CLAIMS-MADE 7015088693 6/1/2024 6/1/2025 AGGREGATE $ DED X RETENTION$ 10,000 AGG $ 10,000,000 WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Property 7015005814 6/1/2024 6/1/2025 Each Occurrence 250,000 A General Liability 7015005814 6/1/2024 6/1/2025 Limit 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Well 7A Drilling Project- City Of Bremerton; PW&U Engineering Division is additional insured per the attached endorsement#CNA75079XX 1016,#CNA63359XX 0412,&#CNA75504XX 0315. Waiver of subrogation per the attached endorsement#CNA74705XX 0115,#CA0444 1013,&#CNA75504XX 0315. Primary&non-contributory coverage per the attached endorsement#CNA75079XX 1016,#CNA63359XX 0412,&#CNA75504XX 0315. Per project aggregate per the attached endorsement #CNA74705XX 0115.No exclusion for XCU. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Cityof Bremerton THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. PW&U Engineering Division 345 Sixth Street,Ste 100 98337 AUTHORIZED REPRESENTATIVE ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD CNA CNA PARAMOUNT Additional Coverage Limited Pollution Liability Coverage — Water Well Contractors Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Limited Pollution Liability Aggregate Limit $1, 000, 000 Each Limited Pollution Incident Limit $1, 000, 000 Pollution Deductible Amount Each Limited Pollution Incident Preventive Remedial Expense Aggregate Limit $25,000 Preventive Remedial Expense Deductible $5,000 Each Limited Pollution Incident Information required to complete this Schedule, if not shown above, will be shown in the Declarations. It is understood and agreed as follows: I. Under COVERAGES, the following additional coverages are added: 1. Insuring Agreements • LIMITED POLLUTION INCIDENT COVERAGE Subject to the Limited Pollution Liability Limits and the Pollution Deductible Amount, the Insurer will pay those sums the Insured becomes legally obligated to pay as damages because of bodily injury or property damage that directly results from a limited pollution incident within the coverage territory, provided that: a. the first emission, discharge, release or escape of the pollutants from which such bodily injury or property damage arises is demonstrable as having occurred during the policy period; and b. such bodily injury or property damage does not qualify for coverage under Coverage A—Bodily Injury and Property Damage Liability, whether or not any Coverage A limits remain; and c. (PREMISES COVERAGE)such limited pollution incident happens on or from premises the Named Insured owns, rents or occupies, but only if the limited pollution incident happens entirely above- ground, and is demonstrable as commencing and ending within seven days; or 0 d. (WORKSITE COVERAGE) such limited pollution incident happens on or from a worksite. The Insurer will have the right and duty to defend any suit seeking those damages, even if the allegations of the suit are groundless, false or fraudulent. The Insurer may at its discretion investigate any limited pollution incident and settle any claim that may result. But: (1) The Insurer's right and duty to defend end when the Insurer has used up the applicable limit of insurance in the payment of judgments or settlements; and (2) The Insurer has no duty to defend suits seeking damages not covered by this insurance. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under SUPPLEMENTARY PAYMENTS—COVERAGES A AND B, which hereby also apply to LIMITED POLLUTION INCIDENT COVERAGE. • PREVENTIVE REMEDIAL EXPENSE COVERAGE Subject to the Preventive Remedial Expense Aggregate Limit and the Preventive Remedial Expense Deductible, the Insurer will reimburse the Named Insured for preventive remedial expense which directly results from a limited pollution incident on premises the Named Insured owns or rents, provided that: CNA74848XX(4-15) Policy No: 7015005814 Page 1 of 8 Endorsement No: 4 The Continental Insurance Co. Effective Date: 06/01/2023 Insured Name: TACOMA PUMP AND DRILLING CO. INC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Additional Coverage Limited Pollution Liability Coverage — Water Well Contractors Endorsement a. such limited pollution incident happens entirely above-ground within the coverage territory, and is demonstrable as commencing and ending within seven days; b. the first emission, discharge, release or escape of the pollutants which necessitated preventive remedial expense is demonstrable as having occurred during the policy period; c. such limited pollution incident has not yet resulted in bodily injury or property damage payable under the LIMITED POLLUTION INCIDENT COVERAGE; and d. the preventive remedial expense is not covered under any other insurance available to the Insured. 2. Exclusions A. Under Coverage A— Bodily Injury And Property Damage Liability, the paragraph entitled Exclusions hereby also applies to LIMITED POLLUTION INCIDENT COVERAGE subject to the following changes, which apply only with respect to the coverage provided by this endorsement: 1. the following exclusions are deleted: a. the exclusions entitled Pollution, Electronic Data and War; b. exclusions attached by endorsement to exclude fungi, microbes, or silica; and c. the endorsement entitled Respirable dust Exclusion Endorsement, if attached to this policy. 2. the following entitled exclusions: • Damage To Property • Damage to Your Product; • Damage to Your Work; • Damage to Impaired Property or Property Not Physically Injured; • Recall of Products, Work Or Impaired Property, are deleted and replaced by the following: This insurance does not apply to: • Damage To Property Property Damage to: (1) property at any time owned, rented, or occupied by the Named Insured, including any costs or expenses incurred by the Named Insured, or by 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 an Insured; (4) personal property in the care, custody or control of an Insured; or Paragraph (1) of this exclusion does not apply to preventive remedial expense at real property the Named Insured owns, rents or occupies at the time of the limited pollution incident. CNA74848XX(4-15) Policy No: 7015005814 Page 2 of 8 Endorsement No: 4 The Continental Insurance Co. Effective Date: 06/01/2023 Insured Name: TACOMA PUMP AND DRILLING CO. INC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Additional Coverage Limited Pollution Liability Coverage — Water Well Contractors Endorsement • Products or Completed Operations bodily injury or property damage included within the products-completed operations hazard. B. Exclusions applicable to property damage under LIMITED POLLUTION INCIDENT COVERAGE hereby also apply to preventive remedial expense taken to prevent such property damage, unless otherwise noted. C. With respect only to the coverage provided by this endorsement, the following additional exclusions apply: This insurance does not apply to: • Acid Rain bodily injury or property damage arising out of acid rain. • Cleanup or Monitoring Costs any loss, cost or expense arising out of any: (1) request, demand, order or statutory or regulatory requirement that any Insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to or assess the effects of, pollutants; or (2) claim 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. But this exclusion does not apply to liability for damages for property damage that is otherwise covered by this LIMITED POLLUTION INCIDENT COVERAGE. • Failure of Pollution Control Equipment bodily injury or property damage arising out of a limited pollution incident which results from failure of air or waste water pollution control equipment. • Failure to Comply With Environmental Statutes bodily injury or property damage arising out of a limited pollution incident which results from, or is directly or indirectly attributable to,failure to comply with any applicable statute, regulation, ordinance, directive or order relating to the protection of the environment and promulgated by any governmental body, provided that failure to comply is a willful or deliberate act or omission of: (1) the Insured; or (2) the Named Insured or any of the Named Insured's executive officers(if a corporation), members or managers (if a limited liability corporation), or members or partners (if a joint venture or partnership). • Medical Waste bodily injury or property damage arising out of waste derived from medical services, procedures, testing, or research, and which could potentially transmit disease. • Natural Resources any loss, cost or expense arising out of any request, demand, order or suit by a designated natural resource trustee or other person vested with the authority under any federal or state statute to make such claims, that any Insured or others assess, replace, restore or rehabilitate natural resources, or in any way provide compensation for property damage to natural resources due to the effects of pollutants. CNA74848XX(4-15) Policy No: 7015005814 Page 3 of 8 Endorsement No: 4 The Continental Insurance Co. Effective Date: 06/01/2023 Insured Name: TACOMA PUMP AND DRILLING CO. INC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Additional Coverage Limited Pollution Liability Coverage — Water Well Contractors Endorsement • Nuclear Material bodily injury or property damage resulting from the hazardous properties of nuclear material. As used in this exclusion: hazardous properties includes radioactive, toxic, or explosive properties; nuclear material means source material, special nuclear material, or by-product material; source material, special nuclear material, and by-product material have the meanings given them in the Atomic Energy Act of 1954, or in any law amendatory thereof. • Offshore Facilities And Deepwater Ports bodily injury or property damage arising out of the ownership or operation of any offshore facility as defined in the Outer Continental Shelf Lands Act Amendment of 1978 or the Clean Water Act of 1977 as amended 1978 or any deepwater port as defined in the Deepwater Port Act of 1974 as amended or as may be amended. • Priority Clean-up Sites any loss, cost or expense arising out of any request, demand or order by a governmental authority 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 at any site which is included on an EPA or state environmental agency priority clean-up list prior to the limited pollution incident. • Punitive Damages any punitive or exemplary damages nor the multiplied portion of multiplied damages. This exclusion does not apply if such exclusions are not permitted in the state where the Named Insured is domiciled. • Repeats of Recent Incidents bodily injury or property damage arising out of a limited pollution incident which involves essentially the same pollutants from essentially the same source as a limited pollution incident which occurred within the previous 12 months. • Rolling Stock bodily injury or property damage arising out of the ownership, maintenance, use or entrustment to others of any rolling stock owned or operated by, or rented or loaned to, or loaded or unloaded by any Insured. • Sealed Premises bodily injury or property damage arising out of a limited pollution incident from any Insured's premises that was used by that Insured for the storage, disposal, processing, or treatment of waste materials and was: (1) sealed off, closed, abandoned or alienated prior to the effective date of this Coverage Part; or (2) sealed off or closed subject to statute, ordinance or governmental regulation or directive requiring maintenance or monitoring during or after sealing off or closure. • Waste Facilities (1) bodily injury or property damage arising out of a limited pollution incident at or from a waste facility which is a worksite, or which is on premises the Named Insured owns, rents or occupies. CNA74848XX(4-15) Policy No: 7015005814 Page 4 of 8 Endorsement No: 4 The Continental Insurance Co. Effective Date: 06/01/2023 Insured Name: TACOMA PUMP AND DRILLING CO. INC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Additional Coverage Limited Pollution Liability Coverage — Water Well Contractors Endorsement (2) bodily injury at or from, or property damage to, a waste facility to which waste from the operations of an Insured are consigned. • Wells bodily injury or property damage arising out of the emission, discharge, release or escape of drilling fluid, oil, gas or other fluids from any oil, gas or mineral well. This exclusion applies without regard to whether vehicle-mounted well servicing equipment contributed to causing the limited pollution incident. II. Under WHO IS AN INSURED, and solely with respect to the coverages provided by this endorsement, the following changes apply: A. paragraph 3. is amended to add the following paragraph d.: d. LIMITED POLLUTION INCIDENT COVERAGE does not apply to: (1) bodily injury or property damage that first occurred; nor (2) limited pollution incidents that first commenced, before the Named Insured acquired or formed the organization. B. the following paragraph is added: No person or organization qualifying as an Insured on any endorsement attached to this Coverage Part is an Insured with respect to bodily injury or property damage arising out of limited pollution incidents other than the Named Insured and the Named Insured's employees. However, with respect to such bodily injury or property damage, if the Named Insured is required under a written contract or written agreement to add a person or organization as an additional insured, then such person or organization is an Insured with respect to the coverage provided by the LIMITED POLLUTION LIABILITY COVERAGE endorsement, but: a. only with respect to such person or organization's liability for acts or omissions of the Named Insured; and b. only if such contract or agreement is currently in effect and was executed prior to the limited pollution incident that caused the bodily injury or property damage. Furthermore, and subject always to the terms and conditions of this Coverage Part, including the limits of insurance, the Insurer will not provide such person or organization with (1) coverage broader than required by such contract or agreement; or (2) a higher limit of insurance than required by such contract or agreement. Any coverage granted by this provision shall apply only to the extent permissible by law. III. LIMITS OF INSURANCE is amended as follows: A. the following paragraphs are added: The Limited Pollution Liability Aggregate Limit shown in the Schedule of the LIMITED POLLUTION LIABILITY COVERAGE endorsement is the most the Insurer will pay under LIMITED POLLUTION LIABILITY COVERAGE for the total of all damages because of bodily injury and property damage resulting from limited pollution incidents. Subject to the Limited Pollution Liability Aggregate Limit described above, the Each Limited Pollution Incident Limit is the most the Insurer will pay under LIMITED POLLUTION LIABILITY COVERAGE for the total of all damages because of bodily injury and property damage resulting from any one limited pollution incident. The Preventive Remedial Expense Aggregate Limit shown in the Schedule of the LIMITED POLLUTION LIABILITY COVERAGE endorsement is the most the Insurer will reimburse the Named Insured for the sum of all CNA74848XX(4-15) Policy No: 7015005814 Page 5 of 8 Endorsement No: 4 The Continental Insurance Co. Effective Date: 06/01/2023 Insured Name: TACOMA PUMP AND DRILLING CO. INC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Additional Coverage Limited Pollution Liability Coverage — Water Well Contractors Endorsement preventive remedial expense that results from limited pollution incidents that commence during the policy period. Reimbursement of preventive remedial expense does not serve to erode any other limit applicable to this Coverage Part. B. with respect only to property damage arising out of a limited pollution incident the following Deductible provision is added: 1. The Insurer's obligation under LIMITED POLLUTION LIABILITY COVERAGE to pay damages for property damage on the Insured's behalf applies only to the amount of damages in excess of any Pollution Deductible amount stated in the LIMITED POLLUTION LIABILITY COVERAGE endorsement as applicable to Each Limited Pollution Incident. Neither the Each Limited Pollution Incident Limit nor the Limited Pollution Liability Aggregate Limit will be reduced by the application of such deductible amount. 2. The terms of this insurance, including those with respect to: a. the Insurer's right and duty to defend any suits seeking those damages; and b. the Named Insured's duties in the event of an occurrence or claim, apply irrespective of the application of the deductible amount. 3. The Insurer may pay any part or all of the deductible amount to effect settlement of any claim, and, upon notification of the action taken, the Named Insured shall promptly reimburse the Insurer for such part of the deductible amount as the Insurer has paid. C. with respect only to preventive remedial expense arising out of a limited pollution incident the following Deductible provision is added: The Insurer's obligation under PREVENTIVE REMEDIAL EXPENSE COVERAGE to reimburse preventive remedial expense applies only to the amount of such expense in excess of any Preventive Remedial Expense Deductible amount stated in the Schedule of the LIMITED POLLUTION LIABILITY COVERAGE endorsement as applicable to Each Limited Pollution Incident. The Preventive Remedial Expense Aggregate Limit will not be reduced by the application of such deductible amount IV. Under CONDITIONS, and with respect only to the coverage provided by this endorsement, the following changes apply: A. paragraph a. of the condition entitled Duties In The Event of Pollution Incident, Claim or Suit is deleted and replaced by the following: Duties In The Event of Pollution Incident, Claim or Suit. a. The Named Insured must see to it that the Insurer is notified as soon as practicable of an occurrence or offense which may result in a claim. To the extent possible, notice should include: (1) how, when, and where the occurrence or offense took place; (2) the names and addresses of any injured persons and witnesses; and (3) the nature and location of: i. any injury or damage arising out of the occurrence or offense; and ii. any limited pollution incident, and of the pollutants that escaped or were emitted, discharged or released in the limited pollution incident. CNA74848XX(4-15) Policy No: 7015005814 Page 6 of 8 Endorsement No: 4 The Continental Insurance Co. Effective Date: 06/01/2023 Insured Name: TACOMA PUMP AND DRILLING CO. INC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Additional Coverage Limited Pollution Liability Coverage — Water Well Contractors Endorsement B. the following condition is added: Remediation of Insured's Premises a. This Coverage Part does not cover clean-up of premises the Named Insured owns, rents or occupies. If a limited pollution incident on such premises poses imminent and substantial danger of causing bodily injury or property damage to which this insurance would apply, then the Named Insured must promptly take, at its own expense, all reasonable steps to curtail or prevent such bodily injury or property damage. b. If, in defiance of the intent of this Coverage Part, the Insurer is ever compelled by court or governmental order to pay to clean up part or all of premises the Named Insured owns, rents or occupies, then the Named Insured agrees to reimburse the Insurer for all such costs. This Condition does not apply to the extent such costs are covered by PREVENTIVE REMEDIAL EXPENSE COVERAGE. V. Solely with respect to the coverage granted by this Endorsement, and notwithstanding anything to the contrary in any endorsement attached to this Coverage Part,the section entitled Definitions is amended as follows,: A. the following definitions are added: Above-ground means on or above: a. the surface of the land; b. the basement floor of any building; or c. any navigable or surface body of water. Limited pollution incident means an accidental emission, discharge, release, or escape of pollutants that results in the injurious presence of pollutants in or upon land, the atmosphere, interior of a building or any water course, body of water or ground water. A series of emissions, discharges, releases or escapes of pollutants that are logically or causally connected by any common fact, circumstance, situation, transaction, event, advice or decision will be deemed to be one limited pollution incident. All bodily injury and property damage resulting from one limited pollution incident shall be deemed to have occurred only at the commencement date of the limited pollution incident. Preventive remedial expense means expenses the Named Insured incurs for the removal or neutralization of pollutants that directly result from a covered limited pollution incident on premises the Named Insured owns, rents or occupies. Waste facility means any site to which waste is delivered for storage, disposal, processing or treatment, whether or not such site is licensed by a governmental authority to perform such storage, disposal, processing or treatment. Worksite means any site or location on which any Insured or any contractors or subcontractors working directly or indirectly on any Insured's behalf are performing operations, including sites temporarily borrowed or rented in support of a single worksite for storage of construction equipment. Worksite does not include any premises, site or location: (1) which is or was at any time owned by, rented or loaned to any Insured; nor (2) occupied by any Insured for any purpose other than performing construction operations for others. B. the following definitions are amended: 1. The definition of damages is amended to add the following: Damages also do not include fines or penalties. CNA74848XX(4-15) Policy No: 7015005814 Page 7 of 8 Endorsement No: 4 The Continental Insurance Co. Effective Date: 06/01/2023 Insured Name: TACOMA PUMP AND DRILLING CO. INC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Additional Coverage Limited Pollution Liability Coverage — Water Well Contractors Endorsement 2. the first sentence of paragraph f. of the definition of insured contract is deleted and replaced by the following: f. That part of any other written contract or written 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, provided the bodily injury or property damage is entirely caused by the Named Insured or by those acting on the Named Insured's behalf. However, such part of a contract or agreement shall only be considered an insured contract to the extent the Named Insured's assumption of the tort liability is permitted by law. This amendment does not apply if paragraph f. has been deleted without replacement by another endorsement attached to 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. CNA74848XX(4-15) Policy No: 7015005814 Page 8 of 8 Endorsement No: 4 The Continental Insurance Co. Effective Date: 06/01/2023 Insured Name: TACOMA PUMP AND DRILLING CO. 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 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows: I. WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, 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: A. in the performance of your ongoing operations subject to such written contract; or B. in the performance of your work subject to such written contract, but only with respect to bodily injury or property damage included in the products-completed operations hazard, and only if: 1. the written contract requires you to provide the additional insured such coverage; and 2. this coverage part provides such coverage. II. But if the written contract requires: A. additional insured coverage under the 11-85 edition, 10-93 edition, or 10-01 edition of CG2010, or under the 10- 01 edition of CG2037; or B. additional insured coverage with "arising out of language; or C. additional insured coverage to the greatest extent permissible by law; then paragraph I. above is deleted in its entirety and replaced by the following: WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of your work that is subject to such written contract. 4 III. Subject always to the terms and conditions of this policy, including the limits of insurance,the Insurer will not provide such additional insured with: 0 A. coverage broader than required by the written contract; or B. a higher limit of insurance than required by the written contract. IV. 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. V. Under COMMERCIAL GENERAL LIABILITY CONDITIONS,the Condition entitled Other Insurance is amended to add the following,which supersedes any provision to the contrary in this Condition or elsewhere in this coverage part: CNA75079XX(10-16) Policy No: 7015005814 Page 1 of 2 Endorsement No: 5 The Continental Insurance Co. Effective Date: 06/01/2021 Insured Name: TACOMA PUMP AND DRILLING CO. 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 Primary and Noncontributory Insurance With respect to other insurance available to the additional insured under which the additional insured is a named insured,this insurance is primary to and will not seek contribution from such other insurance, provided that a written contract requires the insurance provided by this policy to be: 1. primary and non-contributing with other insurance available to the additional insured; or 2. primary and to not seek contribution from any other insurance available to the additional insured. But except as specified above,this insurance will be excess of all other insurance available to the additional insured. VI. 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. 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 3. make available any other insurance, and 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 3. 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. VII. 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 you 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(10-16) Policy No: 7015005814 Page 2 of 2 Endorsement No: 5 The Continental Insurance Co. Effective Date: 06/01/2021 Insured Name: TACOMA PUMP AND DRILLING CO. INC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA Paramount Excess and Umbrella Liability Policy PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY AIM Various provisions in this Policy restrict coverage. Read the entire Policy carefully to determine rights, duties and what is and is not covered. The "Insurer" refers to the insurer providing this insurance as set forth on the Declarations of this Policy. Words and phrases that appear in bold have special meaning. Refer to the section entitled DEFINITIONS. I. COVERAGES A. Coverage A - Excess Follow Form Liability The Insurer will pay on behalf of the Insured those damages in excess of the applicable underlying limits. Coverage hereunder will attach only after the full amount of the applicable underlying limits have been exhausted through payment in legal currency of covered loss under all applicable underlying insurance and to which this Coverage A applies. Coverage A under this Policy will then apply in conformance with the provisions of the applicable underlying insurance except for the premium, limits of insurance, deductible, retentions, or any defense obligations and any other terms and conditions specifically set forth in this Policy. Upon exhaustion of the applicable underlying limits, the Insurer shall only pay for damages in excess of the applicable underlying limits. This Coverage A does not provide coverage for any loss not covered by the applicable underlying insurance except and to the extent that such loss is not paid under the applicable underlying insurance solely by reason of the exhaustion of the applicable underlying limits through payment of loss thereunder. This Coverage applies: 1. if the applicable underlying insurance is on an occurrence basis, then only if that which must take place in the policy period of the underlying insurance in order to trigger coverage, takes place during this policy period; and 2. if the applicable underlying insurance is on a claims made basis, then only if: a. that which must take place in the underlying insurance in order to trigger coverage, takes place after the retroactive date and prior to the end of the policy period; and b. the claim is first made during the policy period. B. Coverage B - Umbrella Liability The Insurer will pay on behalf of the Insured those damages in excess of the retained amount: 1. that an Insured becomes legally obligated to pay because of bodily injury, property damage or personal and advertising injury; or 2. because of liability for bodily injury or property damage assumed under an insured contract, provided the bodily injury or property damage occurs subsequent to the execution of such insured contract; and provided that: a. the bodily injury or property damage occurs during the policy period; b. the bodily injury or property damage is caused by an occurrence that takes place in the coverage territory; Form No: CNA75504XX (03-2015) Policy No:CUE 7015088693 Policy Page: 1 of 32 Policy Effective Date:06/01/2021 Underwriting Company: The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 Policy Page: 12 of 52 °Copyright CNA All Rights Reserved. CNA CNA Paramount Excess and Umbrella Liability Policy c. the personal and advertising injury is caused by an offense arising out of the Named Insured's business; and d. the offense giving rise to personal and advertising injury was first committed during the policy period and in the coverage territory; Provided, however, that Coverage B - Umbrella Liability: i. does not apply to: (a) any part of damages to which underlying insurance applies; or (b) any part of damages to which underlying insurance would have applied regardless of: (1) the availability of underlying insurance; or (2) the exhaustion of the applicable underlying limits; (c) any defense costs related to damages as described in a. and b. above. ii. applies only if prior to the effective date of the policy period, no authorized insured: (a) knew that such bodily injury or property damage had occurred, in whole or in part. If any authorized insured knew, prior to the policy period, that any such bodily injury or property damage had occurred, then any continuation, change or resumption of such bodily injury or property damage during or after the policy period will be deemed to have been known prior to the policy period; or (b) knew that any offense giving rise to personal and advertising injury had occurred, in whole or in part. Bodily injury or property damage which occurs during the policy period and was not, prior to the policy period, known to have occurred by any authorized insured, includes any continuation, change or resumption of that bodily injury or property damage after the end of the policy period. An authorized insured will be deemed to know: 1. that such bodily injury or property damage occurred, at the earliest time when such authorized insured: a. reports the bodily injury or property damage to the Insurer or any other insurer; b. receives a claim arising out of the bodily injury or property damage; or c. becomes aware by any other means that the bodily injury or property damage has occurred or has begun to occur; 2. that such offense giving rise to personal and advertising injury occurred, on the date of the first utterance or dissemination or, if there is no utterance or dissemination, then on the first date of the activity giving rise to a claim. C. Coverage C - Crisis Management Expenses The Insurer will reimburse the Named Insured for crisis management expenses incurred by the Named Insured as a direct result of its response to a crisis management event that first occurs during the policy period, provided: 1 such crisis management event is reported to the Insurer as soon as reasonably practicable following the crisis management event, or within 72 hours after such crisis management event begins if such crisis management event is likely to give rise to bodily injury or property damage; Form No: CNA75504XX (03-2015) Policy No:CUE 7015088693 Policy Page: 2 of 32 Policy Effective Date:06/01/2021 Underwriting Company: The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 Policy Page: 13 of 52 °Copyright CNA All Rights Reserved. CNA CNA Paramount Excess and Umbrella Liability Policy 2. such crisis management expenses are incurred within 180 days after the crisis management event and reported to the Insurer as soon as reasonably practicable; and, 3. such crisis management expenses are approved in advance by the Insurer. The period of time for which the Insurer will pay crisis management expenses will not be limited by the expiration of the policy period. D. Coverage D — Key Employee The Insurer will reimburse the Named Insured for key employee replacement expenses due to the Named Insured's permanent loss of the services of a key employee provided that: 1. the Named Insured would not have incurred such key employee replacement expenses if the Named Insured had not lost the services of the key employee; 2. such key employee replacement expenses are incurred by the Named Insured within 180 days of the covered accident and reported to the Insurer as soon as reasonably practicable; 3. such loss of service is caused by a covered accident; 4. the covered accident occurs during the policy period; and 5. a replacement for such key employee is hired within 180 days after the covered accident. The period of time for which the Insurer will pay key employee replacement expenses will not be limited by the expiration of the policy period. II. DEFENSE COSTS PAYMENT AND RELATED DUTIES A. The Insurer has the right and duty to defend any suit, and the right to assume control of the investigation and settlement of any claim, against the Insured, as follows: 1. with respect to the Coverage A - Excess Follow Form Liability, upon exhaustion through payment in legal currency of the full amount of the applicable underlying limits over which Coverage A applies. 2. with respect to the Coverage B - Umbrella Liability, upon receipt by the Insurer of a claim to which Coverage B applies. When the Insurer has the duty to defend any suit and the right to investigate any claim but is prevented by law from doing so, the Insured will undertake such defense and investigation, and the Insurer will reimburse the Insured for the defense costs. The Insurer's obligation to defend any suit, investigate any claim, or reimburse for any defense costs does not apply if any other insurer has a duty to defend. Further, any obligation to defend any suit, investigate any claim, or reimburse for any defense costs ceases upon exhaustion of the applicable limits of insurance of this Policy. B. The Insurer may, at the Insurer's sole discretion and at the Insurer's own cost, elect to participate in the investigation, settlement or defense of any claim against any of the Insureds for matters covered by this Policy even if the applicable underlying limit has not been exhausted. C. The Insurer will pay defense costs as follows: 1 with respect to the Coverage A - Excess Follow Form Liability, defense costs are paid within or excess of the limits of insurance as set forth in the applicable underlying insurance. 2. with respect to the Coverage B - Umbrella Liability, defense costs are paid in excess of and do not erode the limits of insurance or the retained amount. D Where the Insurer investigates a claim or defends a suit, the Insurer will do so even if the allegations of a claim are groundless, false, or fraudulent. If Insurer investigates a claim or defends a suit, Insurer will Form No: CNA75504XX (03-2015) Policy No:CUE 7015088693 Policy Page: 3 of 32 Policy Effective Date:06/01/2021 Underwriting Company: The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 Policy Page: 14 of 52 °Copyright CNA All Rights Reserved. CNA CNA Paramount Excess and Umbrella Liability Policy do so only until the Insurer: 1. makes payment of; or 2. offers to pay; or 3. deposits in court that part of a judgment up to but not exceeding the Insurer's applicable limits of insurance. E. No Insured shall admit liability, consent to any judgment, agree to any settlement or make any settlement offer which is reasonably likely to involve this Policy without the Insurer's prior written consent, such consent not to be unreasonably withheld. The Insureds agree that they shall not knowingly take any action that increases the Insurer's exposure for damages or defense costs under this Policy. III. EXCLUSIONS A. Coverage A - Excess Follow Form Liability and Coverage B - Umbrella Liability Exclusions With respect to both the Coverage A- Excess Follow Form Liability and Coverage B -Umbrella Liability, this Insurance does not apply to: 1. Access to or Disclosure of Confidential or Personal Information and Data-Related Liability any actual or alleged damages arising out of: a. 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 b. the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate electronic data. This exclusion applies even if damages are claimed for notification costs, credit monitoring expenses, forensic expenses, public relations expenses or any other loss, cost or expense incurred by the Named Insured or others arising out of that which is described in paragraph a. or b. above. However, unless paragraph a. above applies, this exclusion does not apply to bodily injury to the extent that such liability is covered by underlying insurance. 2. Asbestos a. any actual or alleged liability arising out of the actual, alleged or threatened exposure at any time to asbestos; or b. any actual or alleged loss, cost or expense that may be awarded or incurred: i. by reason of a claim for any such injury or damage; or ii. in complying with a governmental direction or request to test for, monitor, clean up, remove, contain or dispose of asbestos. 3. Damage to Impaired Property or Property not Physically Injured any actual or alleged property damage to 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 the Named Insured or anyone acting on the Named Insured's behalf to perform a contract or agreement in accordance with its terms. Form No: CNA75504XX (03-2015) Policy No:CUE 7015088693 Policy Page: 4 of 32 Policy Effective Date:06/01/2021 Underwriting Company: The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 Policy Page: 15 of 52 °Copyright CNA All Rights Reserved. CNA CNA Paramount Excess and Umbrella Liability Policy 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. 4. Damage to Premises Rented or Occupied by the Named Insured any actual or alleged property damage to premises rented to the Named Insured or in the case of damage by fire, while rented to the Named Insured or temporarily occupied by the Named Insured with the permission of the owner. 5. Distribution or Recording of Material or Information in Violation of Laws any actual or alleged liability arising directly or indirectly out of any actual or alleged: a. violation of: i. the Telephone Consumer Protection Act (TCPA), including any amendment of or addition to such law; ii. the CAN-SPAM Act of 2003, including any amendment of or addition to such law; iii. 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 iv. any statute, ordinance, regulation or law other than the TCPA, CAN-SPAM Act of 2003, or FCRA, including FACTA, 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; or b. conversion or consumption of another's tangible property or electronic assets. For the purpose of this provision, electronic assets include but are not limited to minute allowances, text message allowances, and other electronic consumables. 6. Employment Related Practices any actual or alleged bodily injury or personal and advertising injury to: a. a person arising out of any actual or alleged: i. refusal to employ that person; ii. termination of that person's employment; iii employment-related practices, policies, acts or omissions, such as coercion, demotion, evaluation, reassignment, discipline, defamation, harassment, humiliation, discrimination or malicious prosecution directed at that person; or b the spouse, child, parent, brother or sister of that person as a consequence of such bodily injury or personal and advertising injury to that person at whom any of the employment-related practices described in paragraphs a. i., ii., or iii. above is directed. This exclusion applies: a. whether the injury-causing event described in paragraphs a. i., ii., or iii. above occurs before employment, during employment or after employment of that person; b. whether the Insured may be liable as an employer or in any other capacity; and c. to any obligation to share damages with or repay someone else who must pay damages because of the injury. However, this exclusion does not apply to bodily injury a person sustains during a job interview while attempting to demonstrate a physical capability or skill required by the job to the extent that Form No: CNA75504XX (03-2015) Policy No:CUE 7015088693 Policy Page: 5 of 32 Policy Effective Date:06/01/2021 Underwriting Company: The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 Policy Page: 16 of 52 °Copyright CNA All Rights Reserved. CNA CNA Paramount Excess and Umbrella Liability Policy such liability is covered by underlying insurance. 7. ERISA any actual or alleged liability arising out of any actual or alleged obligation of any Insured under the Employees Retirement Income Security Act of 1974 or any similar common or statutory law anywhere in the world including any amendments or additions thereto. 8. Nuclear Energy Liability any actual or alleged bodily injury, property damage or personal and advertising injury: a. with respect to which an Insured under this policy is also an insured under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association, Mutual Atomic Energy Liability Underwriters, Nuclear Insurance Association of Canada or any of their successors, or would be an insured under any such policy but for its termination upon exhaustion of its limit of insurance; b. resulting from the hazardous properties of nuclear material and with respect to which: i. any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof, or ii. the Insured is, or had this Policy not been issued would be, entitled to indemnity from the United States of America, or any agency thereof, under any agreement entered into by the United States of America, or any agency thereof, with any person or organization; or c. resulting from hazardous properties of nuclear material, if: i. the nuclear material: (a) is at any nuclear facility owned by, or operated by or on behalf of, an Insured or (b) has been discharged or dispersed therefrom; ii. the nuclear material is contained in spent fuel or nuclear waste at any time possessed, handled, used, processed, stored, transported or disposed of, by or on behalf of an Insured; or iii the bodily injury, property damage or personal and advertising injury 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 exclusion applies only to property damage to such nuclear facility and any property thereat. d. Under any Medical Payments coverage, to expenses with respect to bodily injury resulting from the hazardous properties of nuclear material and arising out of the operation of a nuclear facility by any person or organization. Solely as used in this exclusion: (a) property damage includes all forms of radioactive contamination of property; (b) hazardous properties includes but is not limited to radioactive, toxic or explosive properties; (c) 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; (d) spent fuel means any fuel element or fuel component, solid or liquid, which has been used or exposed to radiation in a nuclear reactor. Form No: CNA75504XX (03-2015) Policy No:CUE 7015088693 Policy Page: 6 of 32 Policy Effective Date:06/01/2021 Underwriting Company: The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 Policy Page: 17 of 52 °Copyright CNA All Rights Reserved. CNA CNA Paramount Excess and Umbrella Liability Policy 9. Recall of Products, Work or Impaired Property any actual or alleged loss, cost or expense incurred by the Named Insured or any person or entity, for the loss of use, withdrawal, recall, inspection, repair, replacement, adjustment, removal or disposal of your product, your work or 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. 10. Unfair Competition/Antitrust Claims/RICO Claims any actual or alleged liability arising out of any: a. unfair competition, dilution, deceptive trade practices, or civil actions for consumer fraud; b. charges of price fixing, monopolization or restraint of trade; or c. any violation of: i. the Federal Trade Commission Act; ii. the Sherman Act, the Clayton Act, or any federal statutory provision regarding anti-trust, monopoly, price fixing, price discrimination, predatory pricing or restraint of trade; iii. the Racketeer Influenced and Corrupt Organizations Act; iv. any rules or regulations promulgated under or in connection with the above statutes; or v. any state, federal or local statute or other law which similarly regulates business practices. 11. Uninsured/Underinsured Motorists any actual or alleged liability arising out of any obligations under an uninsured/underinsured motorist law, a personal injury protection law, a reparations benefit law or other similar law. 12. War any actual or alleged liability arising, directly or indirectly out of any: a. war, including undeclared or civil war; b. warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or c. insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. 13. Workers' Compensation and Similar Laws /Nonsubscriber Status any actual or alleged liability arising out of any obligation of any Insured: a. under a workers' compensation, disability benefits or unemployment compensation law or any similar law. b. by reason of a statement of non-subscription on file with any applicable Worker's Compensation authority of any State indicating the Named Insured has chosen not to participate in the Workers Compensation system in accordance with laws of such state. B. Coverage A - Excess Follow Form Liability Exclusions With respect to Coverage A - Excess Follow Form Liability, this Insurance does not apply to: 1. Coverages Subject to a Sub Limit any actual or alleged liability, loss, cost or expense covered under any underlying insurance which is Form No: CNA75504XX (03-2015) Policy No:CUE 7015088693 Policy Page: 7 of 32 Policy Effective Date:06/01/2021 Underwriting Company: The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 Policy Page: 18 of 52 °Copyright CNA All Rights Reserved. CNA CNA Paramount Excess and Umbrella Liability Policy subject to a sub limit. 2. Crisis Management Expenses crisis management expenses except as provided for in Coverage C above even if such insurance is afforded under underlying insurance or would have been afforded but for the exhaustion of the underlying limits. 3. Pollution a. any actual or alleged bodily injury or property damage arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of pollutants: i. 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 except that this subparagraph does not apply to: (a) bodily injury or property damage arising out of heat, smoke or fumes from a hostile fire; or (b) bodily injury if sustained within a building and caused by smoke, fumes, vapor or soot produced by or 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. at or from any premises, site or location which is or was at any time used by or for any Insured or others for the handling, storage, disposal, processing or treatment of waste; iii. which are or were at any time transported, handled, stored, treated, disposed of, or processed as waste by or for any Insured or any person or organization for whom the Named Insured may be legally responsible; or iv. at or from any premises, site or location on which any Insured or any contractors or subcontractors working directly or indirectly on any Insured's behalf are performing operations: (a) If the pollutants are brought on or to the premises, site or location in connection with such operations by such Insured, contractor or subcontractor; except that this subparagraph does not apply to bodily injury or property damage arising out of: (1) the escape of fuels, lubricants, or other operating fluids which are needed to perform the normal electrical, hydraulic or mechanical functions necessary for operation of mobile equipment or its parts, if such fuels, lubricants or other operating fluids escape from a vehicle part designed to hold, store or receive them. This exception does not apply if the bodily injury or property damage arises out of the intentional discharge, dispersal or release of the fuels, lubricants or other operating fluids, or if such fuels, lubricants or other operating fluids are brought on or to the premises, site or location with the intent that they be discharged, dispersed or released as part of the operations being performed by such Insured, contractor or subcontractor; or (2) heat, smoke or fumes from a hostile fire; or (b) If the operations are to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of pollutants; v. that are, or that are contained in property that is: (a) being transported or towed by, or handled for movement into, onto or from a covered auto; (b) otherwise in the course of transit; or Form No: CNA75504XX (03-2015) Policy No:CUE 7015088693 Policy Page: 8 of 32 Policy Effective Date:06/01/2021 Underwriting Company: The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 Policy Page: 19 of 52 °Copyright CNA All Rights Reserved. CNA CNA Paramount Excess and Umbrella Liability Policy (c) being stored, disposed of, treated or processed in or upon the covered auto except that this subparagraph does not apply to fuels, lubricants, fluids, exhaust, gases or other similar Pollutants that are needed for or result from the normal electrical, hydraulic or mechanical functioning of the covered auto or its parts if the pollutants escape or are discharged, dispersed or released directly from an auto part designed by its manufacturer to hold, store, receive or dispose of such pollutants; vi. before the pollutants or property in which the pollutants are contained are moved from the place where they are accepted by the Insured for movement into or onto the covered auto; or vii. after the pollutants or property in which the pollutants are contained are moved from the covered auto to the place where they are finally delivered, disposed of or abandoned by the Insured. Subparagraphs vi. and vii. do not apply if the pollutants or property in which the pollutants are contained are upset, overturned or damaged as a result of the maintenance or use of a covered auto and the discharge, dispersal, release or escape of the pollutants is caused directly by such upset, overturn or damage. b. any actual or alleged personal and advertising injury arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of pollutants at any time. c. any actual or alleged loss, cost or expense arising out of any: i. 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 ii. claim 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. However, if liability for damages because of property damage is not excluded by paragraph a. of this exclusion, then neither will paragraph c. above serve to exclude such damages. C. Coverage B - Umbrella Liability Exclusions With respect to the Coverage B - Umbrella Liability, this Insurance does not apply to: 1. Aircraft, Auto, Watercraft or Mobile Equipment any actual or alleged bodily injury, property damage, personal and advertising injury arising out of the ownership, maintenance, operation, use, loading or unloading or entrustment to others of any: a. aircraft owned by any Insured or rented, loaned or chartered by or on behalf of any Insured without crew; or b. autos, watercraft or mobile equipment This exclusion applies even if such claim against an Insured alleges negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that Insured. This exclusion does not apply to: i. watercraft while ashore on premises the Named Insured owns or rents; ii. watercraft the Named Insured does not own that is: (a) less than 55 feet long; and (b) not being used to carry persons or property for a charge; or Form No: CNA75504XX (03-2015) Policy No:CUE 7015088693 Policy Page: 9 of 32 Policy Effective Date:06/01/2021 Underwriting Company: The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 Policy Page: 20 of 52 °Copyright CNA All Rights Reserved. CNA CNA Paramount Excess and Umbrella Liability Policy iii. liability assumed under any insured contract for the ownership, maintenance or use of watercraft. 2. Contractual Liability any actual or alleged bodily injury, property damage or personal and advertising injury for which an Insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement other than an insured contract. This exclusion does not apply to liability that the Insured would have in the absence of such contract or agreement. 3. Damage to Property any actual or alleged property damage to: a. property the Named Insured owns, rents, or occupies, including any costs or expenses incurred by the Named Insured, 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; b. premises the Named Insured sells, gives away or abandons, if the property damage arises out of any part of those premises; c. property loaned to the Named Insured; d. personal property in the care, custody or control of the Insured; e. that particular part of real property on which the Named Insured or any contractors or subcontractors working directly or indirectly on its behalf are performing operations, if the property damage arises out of those operations; or f. that particular part of any property that must be restored, repaired or replaced because your work was incorrectly performed on it. Paragraph b. of this exclusion does not apply if the premises are your work and were never occupied, rented or held for rental by the Named Insured. Paragraphs c., d., e. and f. of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph f. of this exclusion does not apply to property damage included in the products-completed operations hazard. 4. Damage to Your product any actual or alleged property damage to your product arising out of it or any part of it. 5. Damage to Your work any actual or alleged 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 if the damaged work or the work out of which the damage arises was performed on the Named Insured's behalf by a subcontractor. 6. Employee Injury any actual or alleged bodily injury or personal and advertising injury to: a. an employee arising out of and in the course of employment by the Insured or performing duties related to the conduct of the Insured's business; or b. the spouse, child, parent, brother or sister of that employee as a consequence of a. above. Form No: CNA75504XX (03-2015) Policy No:CUE 7015088693 Policy Page: 10 of 32 Policy Effective Date:06/01/2021 Underwriting Company: The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 Policy Page: 21 of 52 °Copyright CNA All Rights Reserved. CNA CNA Paramount Excess and Umbrella Liability Policy This exclusion applies: i. whether an Insured may be liable as an employer or in any other capacity; and ii. 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 the Insured under an insured contract. 7. Expected or Intended injury any actual or alleged bodily injury or property damage arising out of an act or omission: a. intended by an Insured; or b. that would be expected from the standpoint of a reasonable person in the circumstances of the Insured; to cause bodily injury or property damage, even if the actual bodily injury or property damage is of a different degree or type than intended or expected. This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property. 8. Fungi or Other Organic Pathogens a. any actual or alleged bodily injury, property damage or personal and advertising injury arising out of any actual, alleged or threatened inhalation of, ingestion of, contact with, exposure to, existence of, or growth or presence of any fungi or other organic pathogens; b. any actual or alleged loss, cost or expense arising out of or relating to the testing for, monitoring, cleaning up, removing, containing, treating, detoxifying, neutralizing, remediating,or disposing of, or in any way responding to or assessing the effects of fungi or other organic pathogens by any Insured or by anyone else; or c. any actual or alleged property damage caused by water where there also exists any property damage arising out of or relating to, in whole or in part, the actual, alleged or threatened inhalation of, ingestion of, contact with, exposure to, existence of, or growth or presence of any fungi or other organic pathogens. This exclusion applies regardless of any other cause or event that contributes concurrently or in any sequence to such injury or damage, loss, cost or expense. 9. Liquor Liability any actual or alleged bodily injury or property damage for which any Insured may be held liable by reason of: a. causing or contributing to the intoxication of any person, including causing or contributing to the intoxication of any person because alcoholic beverages were permitted to be brought on the Insured's premises, for consumption on the Insured's premises; b. the furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol; or c. 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: i. the supervision, hiring, employment, training or monitoring of others by that Insured; or Form No: CNA75504XX (03-2015) Policy No:CUE 7015088693 Policy Page: 11 of 32 Policy Effective Date:06/01/2021 Underwriting Company: The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 Policy Page: 22 of 52 °Copyright CNA All Rights Reserved. CNA CNA Paramount Excess and Umbrella Liability Policy ii. providing or failing to provide transportation with respect to any person that may be under the influence of alcohol, if the occurrence which caused the bodily injury or property damage involved that which is described in paragraph a., b. or c. above. 10. Nonemployment Related Discrimination any actual or alleged personal and advertising injury arising out of any actual or alleged nonemployment related discrimination committed intentionally against a person. 11. Personal and Advertising Injury any actual or alleged personal and advertising injury: a. Breach of Contract arising out of breach of contract, except an implied contract to use another's advertising idea in the Named Insured's advertisement. b. Criminal Acts or Conduct arising out of any actual or alleged criminal act or omission committed by or at the direction of any Insured. This exclusion does not apply to the extent liability is imposed upon the Insured for acts or omissions of another committed without the knowledge or consent of the Insured. c. Electronic Chat Rooms or Bulletin Boards arising out of an electronic chat room or bulletin board the Insured hosts, owns, or over which the Insured exercises control. d. Infringement of Copyright, Patent, Trademark or Trade Secret arising out of 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 the Named Insured's advertisement. However, this exclusion does not apply to infringement of copyright, trade dress or slogan in the Named Insured's advertisement. e. Insureds in Media and Internet Type Businesses committed by an Insured whose business is: i. advertising, broadcasting, publishing or telecasting; ii. designing or determining content or web-sites for others; or iii. an Internet search, access, content or service provider. However, this exclusion does not apply to paragraph A., B. or C. of personal and advertising injury as defined in the section entitled Definitions. For the purposes of this exclusion, the placing of frames, borders or links, or advertising, for the Named Insured or others anywhere on the Internet, is not by itself, considered the business of advertising, broadcasting, publishing or telecasting. f. Knowing Violation of Rights of Another caused by an actual or alleged offense, act or omission by or at the direction of the Insured if the Insured knew or should have known that such offense, act or omission would cause such personal and advertising injury. Form No: CNA75504XX (03-2015) Policy No:CUE 7015088693 Policy Page: 12 of 32 Policy Effective Date:06/01/2021 Underwriting Company: The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 Policy Page: 23 of 52 °Copyright CNA All Rights Reserved. CNA CNA Paramount Excess and Umbrella Liability Policy g. Material Published Prior To Policy Period arising out of oral or written publication, in any manner, of material whose first publication took place before the beginning of the policy period. h. Material Published with Knowledge of Falsity arising out of written publication in any manner of material, if the Insured knew or should have known the material was false. i. Quality or Performance of Goods — Failure to Conform to Statements arising out of any failure of goods, products or services to conform to any statement of quality or performance made in the Named Insured's advertisement. j. Unauthorized Use of Another's Name or Product arising out of unauthorized use of another's name or product in the Named Insured's e-mail address, domain name or metatag, or any other similar tactics to mislead another's potential customers. k. Wrong Description of Prices arising out of the wrong description of the price of goods, products or services stated in the Named Insured's advertisement. 12. Pollution a any actual or alleged bodily injury, property damage or personal and advertising injury arisingout of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of pollutants at any time. b. any actual or alleged loss, cost or expense arising out of any: i. request, demand, order, or statutory or regulatory requirement that anyone test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to or assess the effects of pollutants; or ii. claim 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. 13. Silica a. any actual or alleged bodily injury arising, in whole or in part, out of the actual, alleged or threatened respiration or ingestion at any time of silica; or b. any actual or alleged property damage arising in whole or in part out of the actual, alleged or threatened presence of silica. c. any actual or alleged personal and advertising injury arising, in whole or in part, out of the actual, alleged or threatened: i. exposure at any time to; or ii. presence at any time of; silica. 14. Terrorism any actual or alleged bodily Injury, property damage or personal and advertising injury arising out of any act of terrorism. Form No: CNA75504XX (03-2015) Policy No:CUE 7015088693 Policy Page: 13 of 32 Policy Effective Date:06/01/2021 Underwriting Company: The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 Policy Page: 24 of 52 °Copyright CNA All Rights Reserved. CNA CNA Paramount Excess and Umbrella Liability Policy D. Coverage D - Key Employee Exclusions With respect to Coverage D — Key Employee, this insurance does not apply to any actual or alleged: 1. Death or Disability death or permanent disability of a key employee relating to, or arising out of: a. nuclear reaction or radiation or radioactive contamination, however caused; b. sickness or disease, including mental illness or mental injury; c. pregnancy, childbirth, miscarriage or abortion; d. suicide, attempted suicide or self inflicted bodily injury, while sane or insane; e. the key employee's intoxication, impairment or otherwise being under the influence of alcohol or controlled substances; f. war, including undeclared or civil war; g. warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or h. insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. 2. Other Expenses a. expenses the Named Insured incurs which the Named Insured would not have incurred if the Named Insured had used all reasonable means to: i. find a permanent replacement for the key employee; and ii. reduce or discontinue the key employee replacement expense; as soon as possible after the Named Insured's permanent loss of the services of the key employee caused by a covered accident. b. additional expenses incurred due to the Named Insured's loss of the services of a permanent replacement appointed or hired to replace a key employee, however caused. However, this exclusion does not apply if the replacement employee is included in the definition as a key employee and the Named Insured's loss of the services of the replacement employee is caused by a covered accident. IV. WHO IS AN INSURED The following persons or organizations are Insureds. A. With respect to Coverage A - Excess Follow Form Liability, the Named Insured and any persons or organizations included as an insured under the provisions of underlying insurance are Insureds, and then only for the same coverage, except for limits of insurance, afforded under such underlying insurance. B. With respect to the Coverage B - Umbrella Liability: 1. If the Named Insured is designated in the Declarations of this Policy as: a. an individual, the Named Insured and the Named Insured's spouse are Insureds, but only with respect to the conduct of a business of which the Named Insured is the sole owner. b. a partnership or joint venture, the Named Insured is an Insured. The Named Insured's members, the Named Insured's partners, and their spouses are also Insureds, but only with respect to the conduct of the Named Insured's business. Form No: CNA75504XX (03-2015) Policy No:CUE 7015088693 Policy Page: 14 of 32 Policy Effective Date:06/01/2021 Underwriting Company: The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 Policy Page: 25 of 52 °Copyright CNA All Rights Reserved. CNA CNA Paramount Excess and Umbrella Liability Policy c. a limited liability company, the Named Insured is an Insured. The Named Insured's members are also Insureds, but only with respect to the conduct of the Named Insured's business. The Named Insured's managers are Insureds, but only with respect to their duties as the Named Insured's managers. d. an organization other than a partnership, joint venture or limited liability company, the Named Insured is an Insured. The Named Insured's executive officers and directors are Insureds, but only with respect to their duties as the Named Insured's officers or directors. The Named Insured's stockholders are also Insureds, but only with respect to their liability as stockholders. e. a trust, the Named Insured is an Insured. The Named Insured's trustees are also Insureds, but only with respect to their duties as trustees. 2. Each of the following are also Insureds: a. The Named Insured's volunteer workers but only while performing duties related to the conduct of the Named Insured's business. b. The Named Insured's employees, other than either the Named Insured's executive officers (if the Named Insured is an organization other than a partnership, joint venture or limited liability company) or the Named Insured's managers (if the Named Insured is a limited liability company), but only for acts within the scope of their employment by the Named Insured or while performing duties related to the conduct of the Named Insured's business. However, none of these employees or volunteer workers are Insureds for: i. bodily injury or personal and advertising injury: (a) to the Named Insured, to the Named Insured's partners or members (if the Named Insured is a partnership or joint venture), to the Named Insured's members (if the Named Insured is a limited liability company), to a co-employee while in the course of his or her employment or performing duties related to the conduct of the Named Insured's business, or to the Named Insured's other volunteer workers while performing duties related to the conduct of the Named Insured's business; (b) to the spouse, child, parent, brother or sister of that co-employee or volunteer worker as a consequence of paragraph (i)(a) above; (c) for which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in paragraph i. (a) or (b) above; or (d) arising out of his or her providing or failing to provide professional health care services. ii. property damage to property: (a) owned, occupied or used by; (b) rented to, in the care, custody or control of, or over which physical control is being exercised for any purpose by; the Named Insured, any of the Named Insured's employees, volunteer workers, any partner or member (if the Named Insured is a partnership or joint venture), or any member (if the Named Insured is a limited liability company). C. With respect to the Coverage C - Crisis Event Management and the Coverage D - Key Employee, the Named Insured is the Insured. V. LIMITS OF INSURANCE A. Multiple Insureds, claims, claimants The limits of insurance shown in the Declarations of this Policy and the rules below fix the most the Form No: CNA75504XX (03-2015) Policy No:CUE 7015088693 Policy Page: 15 of 32 Policy Effective Date:06/01/2021 Underwriting Company: The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 Policy Page: 26 of 52 °Copyright CNA All Rights Reserved. CNA CNA Paramount Excess and Umbrella Liability Policy Insurer will pay regardless of the number of: 1. Insureds; 2. claims made or brought against the Insured; 3. persons or organizations making claims or bringing claims; and 4. coverages under this Policy. B. Aggregate Limit Subject to the paragraphs D. and E. below, the limit of insurance shown in the Declarations of this Policy as the Aggregate limit is the most that the Insurer will pay as damages under this Policy, regardless of which coverage applies, except for: 1. damages covered by any auto liability policy listed in the Schedule of Underlying Insurance where the limits of insurance of such auto liability policy are not aggregated; and 2. damages covered under the products-completed operations hazard. The limits of insurance shown in the Declarations of this Policy apply to the entire policy period, regardless of length. In addition, with respect to Coverage A — Excess Follow Form Liability only, the Aggregate limit shown in the Declarations of this Policy shall be applied in the same manner as the applicable Aggregate limits in the Schedule of underlying insurance. C. Aggregate Products-Completed Operations Hazard Subject to paragraph D. and E. below, the limit of insurance shown in the Declarations of this Policy as the Aggregate Products-Completed Operations Hazard limit is the most that the Insurer will pay as damages arising out of the products-completed operations hazard, regardless of whether such damages are or otherwise would be covered in any way under more than one coverage. D. Policy Aggregate Limit This provision D. only applies if an amount is shown in the Declarations as the Policy Aggregate Limit. Subject to the Each Incident limit, Aggregate limit and Aggregate products-completed operations hazard limit, the Policy Aggregate limit is the most the Insurer will pay as damages under this Policy, regardless of which coverage applies, except for damages covered by any auto liability policy listed in the Schedule of Underlying Insurance where the limits of insurance of such auto liability policy are not aggregated. E. Each Incident Subject to paragraphs B., C. and D. above, the limit of insurance shown in the Declarations of this Policy as the Each Incident limit is the most the Insurer will pay for the sum of all damages arising out of any one incident under this Policy, regardless of which coverage applies. F. Crisis Management Solely with respect to Coverage C — Crisis Management Expenses, the most the Insurer will pay is the limit of insurance shown on the Declarations of this Policy as the Crisis Management Expenses Aggregate limit, regardless of the number crisis management events for which crisis management expenses are incurred. Crisis management expenses are not subject to the retained amount. The Crisis Management Expenses Aggregate limit of insurance is in addition to and will not erode any other limits of this Policy. The Crisis Management Expenses Aggregate limit of insurance shall be excess of any other limits of insurance available to the Insured for the same expenses. G. Key Employee Replacement Expenses Form No: CNA75504XX (03-2015) Policy No:CUE 7015088693 Policy Page: 16 of 32 Policy Effective Date:06/01/2021 Underwriting Company: The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 Policy Page: 27 of 52 °Copyright CNA All Rights Reserved. CNA CNA Paramount Excess and Umbrella Liability Policy Solely with respect to Coverage D — Key Employee, the most the Insurer will pay for key employee replacement expenses is the Key Employee Aggregate limit shown on the Declarations of this Policy, regardless of the number key employees for which key employee replacement expenses are incurred. Key employee replacement expenses are not subject to the retained amount. The Key Employee Replacement Expenses Aggregate limit of insurance is in addition to and will not erode any other limits of this Policy. The Key Employee Replacement Expenses Aggregate limit of insurance shall be excess of any other limits of insurance available to the Insured for the same expenses. H. Defense Costs Defense costs are either paid within or are in excess of the limits of insurance as set forth in paragraph C. of the section entitled Defense Costs Payment and Related Duties. I. Exhaustion or Reduction of Applicable Underlying Limit Solely with respect to Coverage A - Excess Follow Form Liability, if the applicable underlying limits are: 1. reduced solely by the payment of covered loss as set forth in Coverage A including related costs and expenses (if such related costs and expense reduce such limits) Coverage A will apply in excess of the remaining amount of such applicable underlying limit; or 2. exhausted, solely by the payment of covered loss as set forth in Coverage A including related costs and expenses (if such related costs and expense reduce such limits) then Coverage A will apply, subject to this Policy's limit of insurance provision and to the remaining terms and provisions and conditions of this Policy in place of such exhausted applicable underlying limit. If any loss covered under any underlying insurance is subject to a sub-limit (whether or not such sub-limit erodes the limits generally available to all claims), then the underlying limits shall not be deemed depleted by payment of any such sub-limits. Nothing herein shall serve to increase the limits of insurance shown in the Declarations of this Policy. VI. CONDITIONS A. Appeals If the Named Insured or its underlying insurers elect not to appeal a judgment in excess of the limits of insurance afforded by the underlying insurance the Insurer may elect to appeal at the Insurer's expense. The Insurer's limits of insurance shall not be increased because of such appeal. However, the Insurer will pay the following costs and expenses: 1. all premium bonds to release attachments for an amount not in excess of the applicable limit of insurance of this policy; 2. all premiums on appeal bonds required in such defended claims, but without obligation to apply for or furnish such bonds; 3. court fees; and 4. costs and expenses taxed against the Named Insured by the appellate court and interest accruing after entry of a judgment against the Named Insured and before the Insurer has paid, offered to pay, or deposited in court the part of the judgment that is within the applicable limit of insurance of this Policy. Where the underlying insurers terminate their liability to pay interest on the judgment by an offer to pay their limits, the Named Insured shall demand that such limits be paid. If the appeal is successful, such amounts not obligated to be paid shall be returned to such underlying insurer. B. Cancellation and Nonrenewal Form No: CNA75504XX (03-2015) Policy No:CUE 7015088693 Policy Page: 17 of 32 Policy Effective Date:06/01/2021 Underwriting Company: The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 Policy Page: 28 of 52 °Copyright CNA All Rights Reserved. CNA CNA Paramount Excess and Umbrella Liability Policy The Cancellation/Nonrenewal provisions are as set forth in the Cancellation/Nonrenewal Endorsement attached to this Policy. C. Changes to the Policy Notice to any of the Insurer's agents or knowledge possessed by any such agent or any other person shall not act as a waiver or change in any part of this Policy, nor will such notice prevent the Insurer from asserting any rights under the provisions of this Policy. None of the provisions of this Policy will be waived, changed or modified except by written endorsement issued by the Insurer to form a part of this Policy. D. Concealment, Misrepresentation and Fraud No concealment, misrepresentation or fraud shall avoid or defeat recovery under this Policy unless such concealment, misrepresentation or fraud was material. Concealment, misrepresentation or fraud in the procurement of this Policy which if known by the Insurer would have led to refusal by the Insurer to make this contract or provide coverage, or to make this contract or provide coverage on different terms or conditions, will be deemed material. E. Duties of the First Named Insured on the Declarations of this Policy The First Named Insured, on behalf of all others, will be: 1. authorized to make changes in the terms of this Policy with the consent of the Insurer; 2. the payee of any premiums the Insurer refunds; 3. responsible for: a. remitting the payment of all premiums due, but all Named Insureds jointly and severally agree to make such payments in full if the First Named Insured fails to pay the amount due within 10 days after the Insurer give written notice or demand; b. keeping records of the information the Insurer requires for premium computation, and sending copies of such records at such times as requested by the Insurer; c. notifying the Insurer that the First Named Insured on behalf of all others wants to cancel this Policy; and d. providing any notice required under this Policy. F. Economic and Trade Sanctions This Policy does not provide coverage for an Insured, transaction or that part of loss that is uninsurable under the laws or regulations of the United States concerning trade or economic sanctions. G. Entire Contract By acceptance of this Policy, the Insureds agree that this Policy, including all endorsements to this Policy, constitute the entire contract existing between the parties relating to this insurance. H. Estates, Legal Representatives and Spouses The estates, heirs, legal representatives and spouses of any natural person Insured shall also be insured under this Policy; provided, however, coverage is afforded to such estates, heirs, legal representatives, and spouses only for claims arising solely out of their capacity or status as such and, in the case of a spouse, where such claim seeks damages from marital community property, jointly held property or property transferred from such natural person Insured to such spouse. No coverage is provided for any act, error or omission of an estate, heir, legal representative, or spouse outside the scope of such person's capacity or status as such provided however that this sentence does not apply to the spouse of: 1. a sole proprietorship Named Insured; or Form No: CNA75504XX (03-2015) Policy No:CUE 7015088693 Policy Page: 18 of 32 Policy Effective Date:06/01/2021 Underwriting Company: The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 Policy Page: 29 of 52 °Copyright CNA All Rights Reserved. CNA CNA Paramount Excess and Umbrella Liability Policy 2. members or partners of joint venture or partnership Named Insureds. Examination of the Named Insured's Books and Records The Insurer may examine and audit the Named Insured's books and records as they relate to this Policy at any time during the policy period and up to 3 years afterward. J. Financial Impairment Bankruptcy, rehabilitation, receivership, liquidation or other financial impairment of the Named Insured or an underlying insurer shall neither relieve nor increase any of the Insurer's obligations under this Policy. In the event there is diminished recovery or no recovery available to the Named Insured as a result of financial impairment of an underlying insurer, the coverage under this Policy shall apply only in excess of the underlying limits. Under no circumstances shall the Insurer be required to drop down and replace the underlying limits, or assume the obligations of the Named Insured or the financially impaired insurer. K. Headings The description in the headings and subheadings of this Policy is solely for convenience, and forms no part of the terms and conditions of coverage. L. Inspections and Surveys The Insurer has the right but is not obligated to: 1. make inspections and surveys at any time; 2. give the Named Insured reports on the conditions it finds; 3. recommend changes; or 4. conduct loss control and prevention activity. Any inspections, surveys, reports, or recommendations relate only to insurability and the premiums to be charged. The Insurer does not: 1. make safety inspections; 2. undertake to perform the duty of any organization to provide for the health or safety of workers or the public; nor 3. warrant that conditions are safe or healthful or comply with laws, regulations, codes or standards. This provision applies not only to the Insurer, but also to any rating, advisory, rate service, or similar organization which makes insurance inspections, surveys, recommendations, reports, or gives loss control or prevention advice, on its behalf. M. Legal Action Limitation No person or organization has a right under this Policy: 1. to join the Insurer as a party or otherwise bring the Insurer into a suit asking for damages from an Insured; or 2. to sue Insurer on this Policy unless all of its terms have been fully complied with. A person or organization may sue the Insurer to recover on an agreed settlement or on a final judgment against an Insured; but the Insurer will not be liable for damages that are not payable under the terms of this Policy or that are in excess of the applicable limit of insurance. An "agreed settlement" means a settlement and release of liability signed by the Insurer, the Insured and the claimant or the claimant's legal representative. Form No: CNA75504XX (03-2015) Policy No:CUE 7015088693 Policy Page: 19 of 32 Policy Effective Date:06/01/2021 Underwriting Company: The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 Policy Page: 30 of 52 °Copyright CNA All Rights Reserved. CNA CNA Paramount Excess and Umbrella Liability Policy N. Maintenance of Underlying Insurance Solely with respect to Coverage A - Excess Follow Form Liability, while this Policy is in force the First Named Insured agrees that the underlying insurance and renewals and replacements thereof shall be maintained, without alterations of terms or conditions, in full effect during the term of this Policy; except for reduction or exhaustion of the limits of insurance in the underlying insurance, provided that such reduction or exhaustion is solely the result of incidents covered under this Policy. If the First Named Insured fails to maintain underlying insurance, this condition shall not invalidate this Policy. However, in the event of such failure, the Insurer will only be liable to the same extent as if such underlying insurance was in full force and effect without alteration of its terms and conditions. O. Notice of Claims/Crisis Management Event/Covered Accident 1. Solely with respect to Coverage A - Excess Follow Form Liability, if any underlying insurance is a policy issued by the Insurer or any of its affiliates, then notice of any claim under such underlying insurance is notice to the Insurer under this Policy. 2. It is a condition precedent to coverage under this Policy that: a. subject to paragraph b. below, the Insured notify the Insurer as soon as practicable of an incident which an Insured believes may result in a claim. To the extent possible, notice should include: i. how, when and where the incident took place; ii. the names and addresses of any injured persons and witnesses; and iii. the nature and location of any injury or damage arising out of the incident. b. the Insured notify the Insurer as soon as practicable of an incident if it involves: i. a demand against the Insured which exceeds 50% of any remaining applicable underlying limit; ii. any underlying insurance reserve or monetary exposure exceeding $500,000; or iii. any of the following: (a) brain damage, including but not limited to any neurological impairment of infants or adults and coma; (b) spinal cord injury, including but not limited to paraplegia or quadriplegia; (c) loss of any organ; (d) severe disfigurement, including but not limited to burns and amputations; or (e) death. c. if a claim is made against any Insured, the Named Insured: i. will immediately record the specifics of the claim and the date received and notify the Insurer of such claim; ii. will immediately send the Insurer copies of any demands, notices, summonses or legal papers received in connection with the claim; iii. will authorize the Insurer to obtain records and other information; iv. will cooperate with the Insurer in the investigation or settlement of the claim or defense against the suit; will assist the Insurer, upon its request, in the enforcement of any right against any person Form No: CNA75504XX (03-2015) Policy No:CUE 7015088693 Policy Page: 20 of 32 Policy Effective Date:06/01/2021 Underwriting Company: The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 Policy Page: 31 of 52 °Copyright CNA All Rights Reserved. CNA CNA Paramount Excess and Umbrella Liability Policy 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. Q. 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. Transfe?of Interest Form No: CNA75504XX (03-2015) Policy No:CUE 7015088693 Policy Page: 21 of 32 Policy Effective Date:06/01/2021 Underwriting Company: The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 Policy Page: 32 of 52 °Copyright CNA All Rights Reserved. CNA CNA Paramount Excess and Umbrella Liability Policy 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 Form No: CNA75504XX (03-2015) Policy No:CUE 7015088693 Policy Page: 22 of 32 Policy Effective Date:06/01/2021 Underwriting Company: The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 Policy Page: 33 of 52 °Copyright CNA All Rights Reserved. CNA CNA Paramount Excess and Umbrella Liability Policy B. written or oral demand for damages alleging injury to which this insurance applies. Coverage territory means: A. the United States of America (including its territories and possessions), Puerto Rico and Canada; B. international waters or airspace, but only if the injury or damage occurs in the course of travel or transportation between any places included in paragraph A. above; or C. all other parts of the world if the injury or damage arises out of: 1. goods or products made or sold by the Named Insured in the territory described in paragraph A. above; 2. the activities of a natural person whose home is in the territory described in paragraph A. above, but is away for a short time on the Named Insured's business; or 3. an offense that take place through the Internet or similar electronic means of communication, provided that the Insured's responsibility to pay damages is determined in a suit on the merits, in the territory described in paragraph A. above or in a settlement the Insurer agrees to. Covered accident means a sudden and unexpected event, which solely and independently of any other cause results in the key employee's death or permanent disability within one year after the date of the sudden event. Crisis management event means an event that an executive officer reasonably believes has resulted or may result in significant adverse regional or national media coverage and a claim for: A. bodily injury, property damage or any of the following personal and advertising injury offenses: 1. false arrest, detention or imprisonment; 2. malicious prosecution or abuse of process; or 3. wrongful eviction from, wrongful entry into, or the 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; and B. damages to which this insurance applies, that are in excess of any applicable: 1. underlying limits; or 2. retained amount. Crisis management expenses means crisis management public relations expenses and crisis management other expenses provided however crisis management expenses do not include any of the following: A. salary, wages, or benefits of the Named Insured or the Named Insured's employees; B. loss of business income; C. costs to acquire, repair or replace real or personal property; or D. expense to hire a public adjuster or appraiser or any other claim adjustment expenses incurred by a Named Insured. Crisis management public relations expenses means reasonable and necessary expenses incurred in connection with a crisis management event by the Named Insured: A. to hire a crisis management firm; B. to set up call centers or similar inquiry management system to manage inquiries from, or to directly contact, individuals or entities that may be directly impacted by such crisis management event; to create and deliver notification letters to contact individuals or entities that may be directly impacted Form No: CNA75504XX (03-2015) Policy No:CUE 7015088693 Policy Page: 23 of 32 Policy Effective Date:06/01/2021 Underwriting Company: The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 Policy Page: 34 of 52 °Copyright CNA All Rights Reserved. CNA CNA Paramount Excess and Umbrella Liability Policy by the crisis management event; or D. other related miscellaneous expenses. Crisis management other expenses means reasonable and necessary expenses incurred in connection with a crisis management event by the Named Insured: A. to pay medical expenses, funeral expenses, psychological counseling expenses, travel expenses, and temporary living expenses of a third party who incurs bodily injury, or a family member of such third party, by reason of such crisis management event; B. for travel expenses incurred by or on behalf of Insureds and at the direction of the crisis management firm; C. to secure the scene of a crisis management event; and D. other related miscellaneous expenses. Crisis management firm means a public relations firm, law firm or crisis management firm approved by the Insurer to provide media management services and to respond to actual or anticipated adverse publicity arising out of a crisis management event or covered accident. Damages means the amount an Insured is legally obligated to pay, either through: A. final adjudication of a claim; or B. through compromise or settlement of a claim with the Insurer's written consent or direction, because of covered incidents. In addition, damages includes the above-mentioned sums only after deducting all other recoveries and salvages. However, damages does not include: 1. civil or criminal fines, sanctions, penalties or forfeitures, whether pursuant to law, statute, regulation or court rule; 2. injunctive or declaratory relief; 3. any amount that is not insurable under any applicable law; or 4. plaintiff's attorney fees associated with any of the above. Notwithstanding paragraph 3. above, damages shall include (subject always to this Policy's other terms, conditions and limitations) punitive and exemplary damages the enforceability of which shall be governed by such applicable law that most favors coverage for damages. Defense costs mean: A reasonable and necessary fees, costs, and expenses incurred by the Insurer or consented to by the Insurer and incurred by the Named Insured in the defense or appeal of a covered suit or in the investigation of any covered claim, and includes premium for appeal bonds arising out of a covered judgment, attachment bonds or similar bonds, but only for bond amounts up to the applicable limit of insurance. In addition, the Insurer will pay up to $250 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which bodily injury coverage applies. The Insurer has no obligation to provide such bonds. B. prejudgment interest awarded against an Insured on that part of a judgment covered by this policy. If the Insurer makes an offer to pay the applicable limit of insurance, the Insurer will not pay any prejudgment interest based on that period of time after the offer. post judgment interest which accrues after entry of judgment, but before the Insurer has paid or offered to pay, or deposited in court that part of the judgment which is within the limit of insurance of this C. Policy. The amount of interest the Insurer pays will be in direct proportion to the amount of damages Form No: CNA75504XX (03-2015) Policy No:CUE 7015088693 Policy Page: 24 of 32 Policy Effective Date:06/01/2021 Underwriting Company: The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 Policy Page: 35 of 52 °Copyright CNA All Rights Reserved. CNA CNA Paramount Excess and Umbrella Liability Policy the Insurer pays in relation to the total amount of the judgment. D. all reasonable expenses incurred by a natural person Insured at the Insurer's request to assist the Insurer in the investigation or defense of the claim. This includes such Insured's actual loss of earnings up to $750 per day, because of time off from work. E. all court costs taxed against the Insured in the suit. However, these payments do not include attorneys' fees or attorneys' expenses taxed against the Insured. 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. Employee includes leased workers or employees loaned to the Insured. Temporary workers are not employees. Executive Officer means any natural person holding any of the following positions created by the Named Insured's charter, constitution, bylaws or any other similar governing document: A. director, officer, trustee or governor of a corporation; B. management committee member of a joint venture; C. partner of a partnership; D. manager of a limited liability company; and E. trustee of a trust. An executive officer is not an employee. First Named Insured means the person or organization first listed as a Named Insured in the Declarations of this Policy. Fungi means any form of fungus, including but not limited to, yeast, mold, mildew, rust, smut or mushroom, and including any spores, mycotoxins, odors, or any other substances, products, or byproducts produced by, released by, or arising out of the current or past presence of fungi. However, fungi does not include any fungi intended by the Insured for human consumption. Hostile fire means one which becomes uncontrollable or breaks out from where it was intended to be. 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 your work that is known or thought to be defective, deficient, inadequate or dangerous; or B. the Named Insured has failed to fulfill the terms of a contract or agreement, if such property can be restored to use by the repair, replacement, adjustment or removal of your product or your work; or the Named Insured's fulfilling the terms of the contract or agreement. Incident means: A. with respect to Coverage A - Excess Follow Form Liability, a covered event as defined in applicable underlying insurance; B. solely with respect to Coverage B - Umbrella Liability: 1. with respect to bodily injury and property damage, incident means an occurrence; or C. 2. with respect to personal and advertising injury, incident means an offense that gives rise to such personal and advertising injury. Form No: CNA75504XX (03-2015) Policy No:CUE 7015088693 Policy Page: 25 of 32 Policy Effective Date:06/01/2021 Underwriting Company: The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 Policy Page: 36 of 52 °Copyright CNA All Rights Reserved. CNA CNA Paramount Excess and Umbrella Liability Policy Insured means any person or organization set forth in the section entitled WHO IS AN INSURED. 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 the NamedInsured or temporarily occupied by the Named Insured with permission of the owner is not an insured contract; B. a sidetrack agreement; C. an easement or license agreement; except in connection with construction or demolition operations on or within 50 feet of a railroad; D. an obligation, as required by ordinance, to indemnify a municipality except in connection with work for a municipality; E. an elevator maintenance agreement; or F. the part of any other contract or agreement pertaining to its 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, provided the bodily injury or property damage is caused, in whole or in part, by the Named Insured or by those acting on its behalf. However, such part of a contract or agreement shall only be considered an insured contract to the extent the Named Insured's assumption of the tort liability is permitted by law. "Tort liability" means liability that would be imposed by law in the absence of contracts or agreements. This paragraph F. does not include that part of a contract or agreement: 1. that indemnifies a railroad for bodily injury or property damage arising out of construction or demolition operations, within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, road-beds, tunnel, underpass or crossing; 2. that indemnifies an architect, engineer or surveyor for bodily injury or property 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 bodily injury or property damage; 3 under which an Insured, if an architect, engineer or surveyor, assumes liability for bodily injury or property damage arising out of such Insured's rendering or failure to render professional services, including those listed in paragraph 2. above and supervisory, inspection, architectural or engineering activities; or 4. that indemnifies a person or organization for damage by fire to premises rented to or loaned to an Insured. Key employee means any of the following officer and employment positions: A. Chief Executive Officer; B. Chief Operating Officer; C. Chief Financial Officer; D. Corporate Secretary; E. Treasurer; F. Executive Vice President; and Form No: CNA75504XX (03-2015) Policy No:CUE 7015088693 Policy Page: 26 of 32 Policy Effective Date:06/01/2021 Underwriting Company: The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 Policy Page: 37 of 52 °Copyright CNA All Rights Reserved. CNA CNA Paramount Excess and Umbrella Liability Policy G. Risk Manager Key employee also means anyone added as such by endorsement to the Policy. Key employee replacement expenses means the actual and necessary expenses incurred by the Named Insured: A. to continue the performance of the key employee's normal job responsibilities, with comparable quality, while a permanent replacement for the key employee is being sought, appointed or hired, and trained. B. to find a qualified permanent replacement to fill the key employee's position: 1. costs of advertising the employment position opening; 2. travel, lodging, meal and entertainment expenses incurred in interviewing job applicants for the employment position opening; and 3. miscellaneous extra expenses incurred in finding, interviewing and negotiating with the job applicants, including, but not limited to, overtime pay, costs to verify the background and references of the job applicants and legal expenses incurred to draw up employment contracts. C. to minimize the amount of key employee replacement expenses, but only to the extent the amount of key employee replacement expenses otherwise payable under paragraphs 1. and 2. above are reduced. D. to relocate the replacement employee to an area within a reasonable commute from their place of employment. E. to pay the following reasonable and necessary expenses incurred in connection with the death or permanent disability of any key employee: 1. to hire a crisis management firm. 2. to create and deliver notification letters to contact individuals or entities that may be directly impacted by the key employee covered accident; or 3. other related miscellaneous expenses F. Key employee replacement expenses also include first year amounts of the replacement employee's: 1. annual base starting salary; 2. employee perquisite costs; and 3. employee benefit costs; in excess of the amounts which would have been incurred for the key employee if the Named Insured had not lost the services of the key employee. However, the Insurer will not pay more for these expenses than 10% of the amounts which would have been incurred for the key employee. Key employee replacement expenses do not include the following: a. any expenses which would have been incurred by the Named Insured for the key employee if the Named Insured had not lost the services of the key employee; b. any key employee replacement expenses that are paid for by any other insurance; c. except as provided in paragraph F. above, salary, wages, or benefits of the Named Insured, the Named Insured's employees, the Named Insured's temporary workers or volunteer workers; d. costs to acquire, repair or replace real or personal property; e. the Named Insured's loss of business income; f. expenses incurred by or on behalf of the Named Insured to hire a public adjuster or appraiser or any other claim adjustment expenses incurred by the Named Insured; and Form No: CNA75504XX (03-2015) Policy No:CUE 7015088693 Policy Page: 27 of 32 Policy Effective Date:06/01/2021 Underwriting Company: The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 Policy Page: 38 of 52 °Copyright CNA All Rights Reserved. CNA CNA Paramount Excess and Umbrella Liability Policy g. expenses incurred by or on behalf of the Named Insured due to bodily injury, property damage, or personal and advertising injury. Leased worker means a person leased to the Named Insured by a labor leasing firm under an agreement between the Named Insured and such labor leasing firm, to perform duties related to the conduct of the Named Insured's business. Leased worker does not include a temporary worker. Loading or unloading means the handling of property: A. after it is moved from the place where it is accepted for movement into or onto an aircraft, watercraft or auto; B. while it is in or on an aircraft, watercraft or auto; or C. while it is being moved from an aircraft, watercraft or auto to the place where it is finally delivered. However, loading or unloading does not include the movement of property by means of a mechanical device, other than a hand truck, that is not attached to the aircraft, watercraft or auto. Mobile equipment means any of the following types of land vehicles, including any attached machinery or equipment: A. bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads; B. vehicles maintained for use solely on or next to premises the Named Insured owns or rents; C. vehicles that travel on crawler treads; D. vehicles, whether self-propelled or not, maintained primarily to provide mobility to permanently mounted: 1. power cranes, shovels, loaders, diggers or drills; or 2. road construction or resurfacing equipment such as graders, scrapers or rollers; E. vehicles not described in A., B., C. or D. above that are not self-propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types: 1. air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment; or 2. cherry pickers and similar devices used to raise or lower workers; and 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 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 Form No: CNA75504XX (03-2015) Policy No:CUE 7015088693 Policy Page: 28 of 32 Policy Effective Date:06/01/2021 Underwriting Company: The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 Policy Page: 39 of 52 °Copyright CNA All Rights Reserved. CNA CNA Paramount Excess and Umbrella Liability Policy considered autos. Named Insured means the persons or organizations named as such in the Declarations of this Policy. Nuclear facility means: A. any nuclear reactor; B. any equipment or device designed or used for: 1. separating the isotopes of uranium or plutonium; 2. processing or utilizing spent fuel; or 3. handling, processing or packaging nuclear waste; C. any equipment or device used for the processing, fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of any Insured at the premises where such equipment is located consists of or contains more than: 1. 25 grams of plutonium or uranium 233 or any combination thereof; or 2. 250 grams of uranium 235; and D. any structure, basin, excavation, premises or place prepared or used for the storage or disposal of nuclear 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 material means source material, special nuclear material, or by-product material as these terms are defined in the Atomic Energy Act of 1954 or in any law amendatory thereof. Nuclear reactor means an apparatus designed or used to sustain nuclear fission in a self-supporting chain reaction or to contain a critical mass of fissionable material. Nuclear Waste means waste material: A containing by-product material other than the tailings or waste produced by the extraction or concentration of uranium or thorium from ore processed primarily for its source material (as defined in the Atomic Energy Act of 1954 or in any law amendatory thereof) content; and B. resulting from the operation by any person or organization, of a nuclear facility included within paragraphs A. and B. of the definition of nuclear facility. Occurrence means an accident, including continuous or repeated exposure to substantially the same general harmful conditions. Other insurance means any: A. valid and collectible policy of insurance; B. self insurance; or C. indemnity agreement by which an Insured arranges for funding or transferring its liabilities that provides coverage that this Policy also provides. Other insurance does not include underlying insurance or any policy that was bought specifically to apply in excess of the limits of insurance shown in the Declarations of this Policy. Other organic pathogens means any organic irritant or contaminant other than fungi, including but not limited to bacteria, microbes and viruses (whether or not a microorganism), that cause infection and disease. Other organic pathogens includes any spores, mycotoxins, odors, variants, mutations, or any other substances, products, or byproducts produced by, released by, or arising out of the current or past presence of such Form No: CNA75504XX (03-2015) Policy No:CUE 7015088693 Policy Page: 29 of 32 Policy Effective Date:06/01/2021 Underwriting Company: The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 Policy Page: 40 of 52 °Copyright CNA All Rights Reserved. CNA CNA Paramount Excess and Umbrella Liability Policy pathogens, and any colony or group of the foregoing. However, other organic pathogens does not mean pathogens that were transmitted directly from person to person. Permanent disability means permanent physical inability, or mental inability due to a permanent physical inability, of the key employee to perform the normal duties of the applicable position for which the individual qualifies as a key employee. Personal and advertising 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 or abuse of process; C. wrongful eviction from, wrongful entry into, or the 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; F. the use of another's advertising idea in the Named Insured's advertisement; or G. infringing upon another's copyright, trade dress or slogan in the Named Insured's advertisement. Policy period means the time from 12.01 A.M. on the effective date of this Policy as set forth in the Declarations of this Policy to the earlier of 12.01 A.M. of the expiration, termination or cancellation date of this Policy. Pollutants mean any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes medical waste and materials to be recycled, reconditioned or reclaimed. Products-completed operations hazard means bodily injury or property damage occurring away from premises the Named Insured owns or rents and arising out of your product or your work except: A. products that are still in the Named Insured's physical possession; or B. work that has not yet been completed or abandoned. However, your work will be deemed completed at the earliest of the following times: 1. when all of the work called for in the Named Insured's contract has been completed; 2. when all of the work to be done at the job site has been completed if the Named Insured's contract calls for work at more than one job site; or 3. when that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service, maintenance, correction, repair or replacement, but which is otherwise complete, will be treated as completed. However, products-completed operations hazard does not include bodily injury or property damage arising out of: A. the transportation of property, unless bodily injury or property damage arises out of a condition in or on a vehicle not owned or operated by the Named Insured, and that condition was created by the loading or unloading of that vehicle by any Insured; B. the existence of tools, uninstalled equipment or abandoned or unused materials; or Form No: CNA75504XX (03-2015) Policy No:CUE 7015088693 Policy Page: 30 of 32 Policy Effective Date:06/01/2021 Underwriting Company: The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 Policy Page: 41 of 52 °Copyright CNA All Rights Reserved. CNA CNA Paramount Excess and Umbrella Liability Policy C. products or operations for which the underlying insurer states that products-completed operations are subject to the General Aggregate Limit. 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; or 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 incident that caused it. However, electronic data is not tangible property. Retained amount means the self insured retention as set forth on the Declarations of this Policy or the amount payable by other insurance, whichever is greater. Silica means the chemical compound silicon dioxide (SiO2) in any form, including dust which contains silicon dioxide. Spouse means any husband, wife or partner in a marriage or civil union or any person qualifying as a domestic partner under any federal, state or local laws or under the Named Insured's employee benefit plans or employee benefits program. Sub limit means a limit that is lower than the underlying limits. Suit means a civil proceeding in which damages because of injury or damage to which this insurance applies are alleged, including: A. an arbitration proceeding alleging such damages; or B. any other alternative dispute resolution proceeding in which such damages are claimed and to which the Insured submits with the Insurer's consent. Temporary worker means a worker who is furnished to the Named Insured to substitute for a permanent employee on leave or to meet seasonal or short-term workload conditions. Underlying insurance means policies of insurance listed in the Schedule of Underlying Insurance including renewal or replacement of such insurance which is neither more restrictive nor more broad than that listed in the aforementioned Schedule of Underlying Insurance. Underlying insurer means the insurer providing the underlying insurance. It does not include any insurer whose policies were purchased specifically to be in excess of this policy. Underlying limits means the limits of insurance as set forth in the Schedule of Underlying Insurance. Volunteer worker means a person who is not an employee and who donates his or her work and acts at the direction of or within the scope of duties determined by the Named Insured and is not paid a fee, salary or other compensation by the Named Insured or anyone else for their work performed for the Insured. Your product means: A. means: 1. any goods or products, other than real property, manufactured, sold, handled, distributed or disposed of by: a. the Named Insured; b. others trading under the Named Insured's name; or c. a person or organization whose business or assets the Named Insured has acquired; and 2. containers (other than vehicles), materials, parts or equipment furnished in connection with such goods or products. Form No: CNA75504XX (03-2015) Policy No:CUE 7015088693 Policy Page: 31 of 32 Policy Effective Date:06/01/2021 Underwriting Company: The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 Policy Page: 42 of 52 °Copyright CNA All Rights Reserved. CNA CNA Paramount Excess and Umbrella Liability Policy B. includes: 1. warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of your product; and 2. The providing of or failure to provide warnings or instructions. C. does not include vending machines or other property rented to or located for the use of others but not sold. Your work: A. means: 1. work or operations performed by the Named Insured or on its behalf; and 2. materials, parts or equipment furnished in connection with such work or operations. B. Includes: 1. warranties or representations made 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. IN WITNESS WHEREOF, the Insurer has caused this Policy to be signed by the Insurer's Chairman and Secretary, but this Policy shall not be binding upon the Insurer unless completed by the attachment of the Declarations of this Policy and signed by the Insurer's duly authorized representative if required. Chairman of the Board Secretary Form No: CNA75504XX (03-2015) Policy No:CUE 7015088693 Policy Page: 32 of 32 Policy Effective Date:06/01/2021 Underwriting Company: The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 Policy Page: 43 of 52 ©Copyright CNA All Rights Reserved. CNA Business Auto Policy Policy Endorsement WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) I No= THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 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: TACOMA PUMP AND DRILLING CO. INC Endorsement Effective Date: 06/01/2021 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. 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. Form No: CA 04 44 10 13 Policy No:BUA 7015005828 Endorsement Effective Date: Endorsement Expiration Date: Policy Effective Date: 06/01/2021 Endorsement No: 2; Page: 1 of 1 Policy Page: 40 of 113 Underwriting Company: The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 ©Copyright Insurance Services Office, Inc.,2011 CNA Business Auto Policy Policy Endorsement CONTRACTORS EXTENDED COVERAGE ENDORSEMENT - BUSINESS AUTO PLUS THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM I. LIABILITY COVERAGE A. Who Is An Insured The following is added to Section II, Paragraph A.1., Who Is An Insured: 1. a. Any incorporated entity of which the Named Insured owns a majority of the voting stock on the date of inception of this Coverage Form; provided that, b. The insurance afforded by this provision A.1. does not apply to any such entity that is an insured under any other liability "policy" providing auto coverage. 2. Any organization you newly acquire or form, other than a limited liability company, partnership or joint venture, and over which you maintain majority ownership interest. The insurance afforded by this provision A.2.: a. Is effective on the acquisition or formation date, and is afforded only until the end of the policy period of this Coverage Form, or the next anniversary of its inception date, whichever is earlier. b. Does not apply to: (1) Bodily injury or property damage caused by an accident that occurred before you acquired or formed the organization; or (2) Any such organization that is an insured under any other liability "policy" providing auto coverage. 3. Any person or organization that you are required by a written contract to name as an additional insured is an insured but only with respect to their legal liability for acts or omissions of a person, who qualifies as an insured under SECTION II — WHO IS AN INSURED and for whom Liability Coverage is afforded under this policy. If required by written contract, this insurance will be primary and non-contributory to insurance on which the additional insured is a Named Insured. 4. An employee of yours is an insured while operating an auto hired or rented under a contract or agreement in that employee's name, with your permission, while performing duties related to the conduct of your business. "Policy", as used in this provision A. Who Is An Insured, includes those policies that were in force on the inception date of this Coverage Form but: 1. Which are no longer in force; or 2. Whose limits have been exhausted. B. Bail Bonds and Loss of Earnings Section II, Paragraphs A.2. (2) and A.2. (4) are revised as follows: 1. In a.(2), the limit for the cost of bail bonds is changed from $2,000 to $5,000; and 2. In a.(4), the limit for the loss of earnings is changed from $250 to $500 a day. Form No: CNA63359XX (04-2012) Policy No:BUA 7015005828 Endorsement Effective Date: Endorsement Expiration Date: Policy Effective Date: 06/01/2021 Endorsement No: 9; Page: 1 of 4 Policy Page: 54 of 113 Underwriting Company: The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 ®Copyright CNA All Rights Reserved. Includes copyrighted material of the Insurance Services Office, Inc., used with its permission. CNA Business Auto Policy Policy Endorsement C. Fellow Employee Section II, Paragraph B.5 does not apply. Such coverage as is afforded by this provision C. is excess over any other collectible insurance. II. PHYSICAL DAMAGE COVERAGE A. Glass Breakage - Hitting A Bird Or Animal - Falling Objects Or Missiles The following is added to Section III, Paragraph A.3.: With respect to any covered auto, any deductible shown in the Declarations will not apply to glass breakage if such glass is repaired, in a manner acceptable to us, rather than replaced. B. Transportation Expenses Section III, Paragraph A.4.a. is revised, with respect to transportation expense incurred by you, to provide: a. $60 per day, in lieu of $20; subject to b. $1,800 maximum, in lieu of $600. C. Loss of Use Expenses Section III, Paragraph A.4.b. is revised, with respect to loss of use expenses incurred by you, to provide: a. $1,000 maximum, in lieu of $600. D. Hired "Autos" The following is added to Section III. Paragraph A.: 5. Hired "Autos" If Physical Damage coverage is provided under this policy, and such coverage does not extend to Hired Autos, then Physical Damage coverage is extended to: a. Any covered auto you lease, hire, rent or borrow without a driver; and b. Any covered auto hired or rented by your employee without a driver, under a contract in that individual employee's name, with your permission, while performing duties related to the conduct of your business. c. The most we will pay for any one accident or loss is the actual cash value, cost of repair, cost of replacement or $75,000, whichever is less, minus a $500 deductible for each covered auto. No deductible applies to loss caused by fire or lightning. d. The physical damage coverage as is provided by this provision is equal to the physical damage coverage(s) provided on your owned autos. e. Such physical damage coverage for hired autos will: (1) Include loss of use, provided it is the consequence of an accident for which the Named Insured is legally liable, and as a result of which a monetary loss is sustained by the leasing or rental concern. (2) Such coverage as is provided by this provision will be subject to a limit of $750 per accident. E. Airbag Coverage The following is added to Section III, Paragraph B.3.: The accidental discharge of an airbag shall not be considered mechanical breakdown. Form No: CNA63359XX (04-2012) Policy No:BUA 7015005828 Endorsement Effective Date: Endorsement Expiration Date: Policy Effective Date: 06/01/2021 Endorsement No: 9; Page: 2 of 4 Policy Page: 55 of 113 Underwriting Company: The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 ®Copyright CNA All Rights Reserved. Includes copyrighted material of the Insurance Services Office, Inc., used with its permission. CNA Business Auto Policy Policy Endorsement F. Electronic Equipment Section III, Paragraphs B.4.c and B.4.d. are deleted and replaced by the following: c. Physical Damage Coverage on a covered auto also applies to loss to any permanently installed electronic equipment including its antennas and other accessories d. A $100 per occurrence deductible applies to the coverage provided by this provision. G. Diminution In Value The following is added to Section III, Paragraph B.6.: Subject to the following, the diminution in value exclusion does not apply to: a. Any covered auto of the private passenger type you lease, hire, rent or borrow, without a driver for a period of 30 days or less, while performing duties related to the conduct of your business; and b. Any covered auto of the private passenger type hired or rented by your employee without a driver for a period of 30 days or less, under a contract in that individual employee's name, with your permission, while performing duties related to the conduct of your business. c. Such coverage as is provided by this provision is limited to a diminution in value loss arising directly out of accidental damage and not as a result of the failure to make repairs; faulty or incomplete maintenance or repairs; or the installation of substandard parts. d. The most we will pay for loss to a covered auto in any one accident is the lesser of: (1) $5,000; or (2) 20% of the auto's actual cash value (ACV). III. Drive Other Car Coverage — Executive Officers The following is added to Sections II and III: 1. Any auto you don't own, hire or borrow is a covered auto for Liability Coverage while being used by, and for Physical Damage Coverage while in the care, custody or control of, any of your "executive officers", except: a. An auto owned by that "executive officer" or a member of that person's household; or b. An auto used by that "executive officer" while working in a business of selling, servicing, repairing or parking autos. Such Liability and/or Physical Damage Coverage as is afforded by this provision. (1) Equal to the greatest of those coverages afforded any covered auto; and (2) Excess over any other collectible insurance. 2. For purposes of this provision, "executive officer" means a person holding any of the officer positions created by your charter, constitution, by-laws or any other similar governing document, and, while a resident of the same household, includes that person's spouse. Such "executive officers" are insureds while using a covered auto described in this provision. IV. BUSINESS AUTO CONDITIONS A. Duties In The Event Of Accident, Claim, Suit Or Loss The following is added to Section IV, Paragraph A.2.a.: Form No: CNA63359XX (04-2012) Policy No:BUA 7015005828 Endorsement Effective Date: Endorsement Expiration Date: Policy Effective Date: 06/01/2021 Endorsement No: 9; Page: 3 of 4 Policy Page: 56 of 113 Underwriting Company: The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 ®Copyright CNA All Rights Reserved. Includes copyrighted material of the Insurance Services Office, Inc., used with its permission. CNA Business Auto Policy Policy Endorsement (4) Your employees may know of an accident or loss. This will not mean that you have such knowledge, unless such accident or loss is known to you or if you are not an individual, to any of your executive officers or partners or your insurance manager. The following is added to Section IV, Paragraph A.2.b.: (6) Your employees may know of documents received concerning a claim or suit. This will not mean that you have such knowledge, unless receipt of such documents is known to you or if you are not an individual, to any of your executive officers or partners or your insurance manager. B. Transfer Of Rights Of Recovery Against Others To Us The following is added to Section IV, Paragraph A.5. Transfer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have, because of payments we make for injury or damage, against any person or organization for whom or which you are required by written contract or agreement to obtain this waiver from us. This injury or damage must arise out of your activities under a contract with that person or organization. You must agree to that requirement prior to an accident or loss. C. Concealment, Misrepresentation or Fraud The following is added to Section IV, Paragraph B.2.: Your failure to disclose all hazards existing on the date of inception of this Coverage Form shall not prejudice you with respect to the coverage afforded provided such failure or omission is not intentional. D. Other Insurance The following is added to Section IV, Paragraph B.5.: Regardless of the provisions of Paragraphs 5.a. and 5.d. above, the coverage provided by this policy shall be on a primary non-contributory basis. This provision is applicable only when required by a written contract. That written contract must have been entered into prior to Accident or Loss. E. Policy Period, Coverage Territory Section IV, Paragraph B. 7.(5).(a). is revised to provide: a. 45 days of coverage in lieu of 30 days. V. DEFINITIONS Section V. paragraph C. is deleted and replaced by the following: Bodily injury means bodily injury, sickness or disease sustained by a person, including mental anguish, mental injury or death resulting from any of these. Form No: CNA63359XX (04-2012) Policy No:BUA 7015005828 Endorsement Effective Date: Endorsement Expiration Date: Policy Effective Date: 06/01/2021 Endorsement No: 9; Page: 4 of 4 Policy Page: 57 of 113 Underwriting Company: The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 ®Copyright CNA All Rights Reserved. Includes copyrighted material of the Insurance Services Office, Inc., used 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 / Alienated Premises / Property In The Named Insured's Care, Custody or Control 16. Liquor Liability 17. Medical Payments 18. Non-owned Aircraft Coverage 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: 7015005814 Page 1 of 17 Endorsement No: 3 The Continental Insurance Co. Effective Date: 06/01/2021 Insured Name: TACOMA PUMP AND DRILLING CO. 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-owners 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: 7015005814 Page 2 of 17 Endorsement No: 3 The Continental Insurance Co. Effective Date: 06/01/2021 Insured Name: TACOMA PUMP AND DRILLING CO. 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 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 receivers 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 co b. the construction, erection, or removal of elevators; or co c. the ownership, maintenance or use of any elevators covered by this insurance; or 0 2. the permitted or authorized operations performed by a Named Insured or on a Named Insured's behalf. s 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: 7015005814 Page 3 of 17 Endorsement No: 3 The Continental Insurance Co. Effective Date: 06/01/2021 Insured Name: TACOMA PUMP AND DRILLING CO. 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: 7015005814 Page 4 of 17 Endorsement No: 3 The Continental Insurance Co. Effective Date: 06/01/2021 Insured Name: TACOMA PUMP AND DRILLING CO. 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) any 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: 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: O 0 (1) fire; (2) smoke; (3) collapse; or (4) explosion. I. 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: 7015005814 Page 5 of 17 Endorsement No: 3 The Continental Insurance Co. Effective Date: 06/01/2021 Insured Name: TACOMA PUMP AND DRILLING CO. 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: 7015005814 Page 6 of 17 Endorsement No: 3 The Continental Insurance Co. Effective Date: 06/01/2021 Insured Name: TACOMA PUMP AND DRILLING CO. 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. 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 aaa $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: 7015005814 Page 7 of 17 Endorsement No: 3 The Continental Insurance Co. Effective Date: 06/01/2021 Insured Name: TACOMA PUMP AND DRILLING CO. 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: 7015005814 Page 8 of 17 Endorsement No: 3 The Continental Insurance Co. Effective Date: 06/01/2021 Insured Name: TACOMA PUMP AND DRILLING CO. 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: 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 aaa 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 CNA74705XX(1-15) Policy No: 7015005814 Page 9 of 17 Endorsement No: 3 The Continental Insurance Co. Effective Date: 06/01/2021 Insured Name: TACOMA PUMP AND DRILLING CO. 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: 7015005814 Page 10 of 17 Endorsement No: 3 The Continental Insurance Co. Effective Date: 06/01/2021 Insured Name: TACOMA PUMP AND DRILLING CO. 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/PARTNERSHIP/LIMITED LIABILITY COMPANIES WHO IS AN INSURED is amended to delete its last paragraph and replace it with the following: No person or organization is an Insured with respect to the conduct of any current or past partnership,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 c. there is no other valid and collectible insurance purchased specifically to insure the partnership, joint venture or 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. aaa - 15. LEGAL LIABILITY — DAMAGE TO PREMISES / ALIENATED PREMISES / PROPERTY IN THE NAMED 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: 7015005814 Page 11 of 17 Endorsement No: 3 The Continental Insurance Co. Effective Date: 06/01/2021 Insured Name: TACOMA PUMP AND DRILLING CO. 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; c. 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: 7015005814 Page 12 of 17 Endorsement No: 3 The Continental Insurance Co. Effective Date: 06/01/2021 Insured Name: TACOMA PUMP AND DRILLING CO. 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; 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 aaa 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: 7015005814 Page 13 of 17 Endorsement No: 3 The Continental Insurance Co. Effective Date: 06/01/2021 Insured Name: TACOMA PUMP AND DRILLING CO. 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: CNA74705XX(1-15) Policy No: 7015005814 Page 14 of 17 Endorsement No: 3 The Continental Insurance Co. Effective Date: 06/01/2021 Insured Name: TACOMA PUMP AND DRILLING CO. 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. aaa 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: 7015005814 Page 15 of 17 Endorsement No: 3 The Continental Insurance Co. Effective Date: 06/01/2021 Insured Name: TACOMA PUMP AND DRILLING CO. 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: 7015005814 Page 16 of 17 Endorsement No: 3 The Continental Insurance Co. Effective Date: 06/01/2021 Insured Name: TACOMA PUMP AND DRILLING CO. 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: 7015005814 Page 17 of 17 Endorsement No: 3 The Continental Insurance Co. Effective Date: 06/01/2021 Insured Name: TACOMA PUMP AND DRILLING CO. INC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Bond No. RCB0008437 SECTION 00 61 13.13 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, That Tacoma Pump &Drilling Co.Inc. as CONTRACTOR, and Contractors Bonding and Insurance Company as Surety, are held and firmly bound unto City of Bremerton hereinafter called "OWNER," in the sum of Eight Hundred Fifty-One Thousand Six Hundred Fifty dollars and Eighty cents for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns,jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that said CONTRACTOR has been awarded and is about to enter into the annexed Agreement with said OWNER to perform the WORK as specified or indicated in the Contract Documents entitled"CITY OF BREMERTON,WELL 7A DRILLING"; now,therefore, In the event CONTRACTOR fails to timely or properly perform any of the requirements of the Contract Documents at the times and in the manner contained therein,the Surety shall be liable under this bond up to the amount of the bond for the full amount of the OWNERS's expenses to construct or repair all work as well as all loss, cost, expense or damage suffered by the OWNER in excess of the Contract amount due to the CONTRACTOR'S failure to comply with any contract or permit conditions or other applicable laws and regulations. The Surety agrees that within 30 calendar days of receiving notice that the OWNER has declared a CONTRACTOR default and formally terminated the CONTRACTOR'S right to complete the Contract pursuant to its terms and conditions and that the CONTRACTOR has defaulted on all or part of the terms guaranteed by this bond,the Surety shall either: 1. Notify the OWNER in writing of its intent to cure the default itself within a reasonable period of time acceptable to the OWNER. The OWNER agrees to pay the balance of the Contract price to the Surety in accordance with the terms of the Contract, or 2. Tender to the OWNER the demanded sum, up to the amount of the bond. However, if the amount necessary for the OWNER to cure the default is less than the amount tendered, the OWNER will return, without interest, any overpayment to the Surety. PROVIDED, that any alterations in the WORK to be done or the materials to be furnished, or changes in the time of completion,which may be made pursuant to the terms of said Well 7A Drilling Performance Bond July 2024 00 61 13.13-1 Contract Documents, shall not in any way release said CONTRACTOR or said Surety hereunder, nor shall any extensions of time granted under the provisions of said Contract Documents, release either said CONTRACTOR or said Surety, and notice of such alterations or extensions of the Agreement is hereby waived by said Surety. The obligation of the Surety shall include reimbursing the City for all costs and expenses, (including, but not limited to fees and charges of engineers, architects, attorneys, and other professionals, and court costs if litigation is commenced) incurred by the OWNER in enforcing the provisions of this Bond. The CONTRACTOR hereby agrees that the CONTRACTOR'S obligation to perform the required work is not limited to the amount of funds held by the Surety. This bond is irrevocable and cannot be canceled by the Surety or the CONTRACTOR. This bond shall remain in full force and effect for a period of one(1) year following final acceptance of the project by the City, and until the bond is released in writing by the OWNER at the written request of the Surety or CONTRACTOR. IN WITNESS WHEREOF, we have hereunder set our hands and seals this 3rd day of October , 2024. SEAL) Tacoma Pump &Drilling Co. In . Contractors Bonding and Insurance Company (CONTRACTOR) (Surety) By: By: �..-�z (Signature and SEAL) (Signature and SEAL) Jennifer Lutz, Attorney-in-Fact •(SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY) 0 oPPa►+4 #m u, •n= ":'. SEAL 'a' :a `•r �1IN015 ,,•, ra +nn, Address of Surety to which all notices shall be sent: ' 19020 33rd Ave.West,Ste 460 Lynnwood,WA 98036 Address of Surety for service of process: (Must be a physical address) 19020 33rd Ave.West,Ste 460 Lynnwood,WA 98036 Well 7A Drilling Performance Bond July 2024 00 61 13.13-2 Bond No. RCB0008437 SECTION 006113.16 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS, That Tacoma Pump &Drilling Co. Inc. as CONTRACTOR, And Contractors Bonding and Insurance Company as Surety, are held and firmly bound unto City of Bremerton hereinafter called "OWNER," in the sum of Eight Hundred Fifty-One Thousand Six Hundred Fifty dollars and Eighty cents. for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns,jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that said CONTRACTOR has been awarded and is about to enter into the annexed CONTRACT with said OWNER to perform the WORK as specified or indicated in the Contract Documents entitled "CITY OF BREMERTON, WELL 7A DRILLING ; now, therefore, If said CONTRACTOR, or subcontractor, fails to pay for any materials, equipment, or other supplies, or for rental of same, used in connection with the performance of work contracted to be done, or for amounts due under applicable State law for any work or labor thereon, said Surety will pay for the same in an amount not exceeding the sum specified above, and, in the event suit is brought upon this bond, reasonable attorneys fees to be fixed by the court. This bond shall inure to the benefit of any persons, companies, or corporations entitled to file claims under applicable State law so as to give a right of action to them or their assigns in any suit brought upon this bond. PROVIDED,that any alterations in the WORK to be done or the materials to be furnished, or changes in the time of completion,which may be made pursuant to the terms of said Contract Documents, shall not in any way release said CONTRACTOR or said Surety thereunder, nor shall any extensions of time granted under the provisions of said Contract Documents release either said CONTRACTOR or said Surety, and notice of such alterations or.extensions of the CONTRACT is hereby waived by said Surety. The obligation of the Surety shall include reimbursing the City of all costs and expenses, (including, but not limited to fee and charges of engineers, architects, attorneys, and other professionals, and court costs if litigation is commenced) incurred by the OWNER in enforcing the provisions of this Bond. Well 7A Drilling Payment Bond July 2024 00 61 13.16-1 IN WITNESS WHEREOF, we have hereunder set our hands and seals this 3rd , day of October , 2024. (SEAL) Tacoma Pump &Drilling Co, In c. Contractors Bonding and Insurance Company (CONTRACTOR) (Surety) (Signature and SEAL) (Signature and SEAL) ,.'�r••••A •Sys,`•, • • (SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY) 'o�• 0�`pR�4' % _a. SEAL ' j +`/ !LLINDti5 •: rrlh f l l„„A••• Address of Surety to which all notices shall be sent: 9020 33rd Ave.West,Ste 460 Lynnwood,WA 98036 Address of Surety for service of process. (Must be a physical address) 9020 33rd Ave.West,Ste 460 Lynnwood,WA 98036 END OF SECTION Well 7A Drilling Payment Bond July 2024 00 61 13.16-2 POWER OF ATTORNEY RLI Insurance Company Contractors Bonding and Insurance Company 9025 N.Lindbergh Dr. Peoria,IL 61615 Phone: 800-645-2402 Know All Men by These Presents: That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That RLI Insurance Company and/or Contractors Bonding and Insurance Company, each an Illinois corporation, (separately and together,the"Company")do hereby make,constitute and appoint: Jennifer D.Lutz.Linda K.Minami.Cindy Slater-Rogers,Carlos Garces,Kristin Jackson,Curt Olsen,Dave Werme.Jody Ha.N.•ley. Kristin Noe-Dombrowik.Neil Muller,Nicole Siegfried,Sue Yun,Paula Lively.jointly_or severally in the City of Lynnwood , State of Washington its true and lawful Agent(s) and Attomey(s) in Fact, with full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, in general, any and all bonds and undertakings in an amount not to exceed_ Twenty Five Million Dollars (_ $25,000.000.00 )for any single obligation. The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon the Company as if such bond had been executed and acknowledged by the regularly elected officers of the Company. RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have each further certified that the following is a true and exact copy of a Resolution adopted by the Board of Directors of each such corporation,and is now in force,to-wit: "All bonds,policies,undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President,Secretary,any Assistant Secretary,Treasurer,or any Vice President,or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds,policies or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds,policies,undertakings,Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." IN WITNESS WHEREOF, the RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have caused these presents to be executed by its respective Sr. Vice President with its corporate seal affixed this 4th day of June , 2024 . «,,,,,,,,,,,f�� RLI Insurance Company . os,cA r'. ;vt ,,�,,,,,,� Contractors Bonding and Ins nce Company ( 2 'i �EAL . - By.r - Eric Raudins Sr.Vice President State of Illinois l •'ILIINOIS ,,.• ,,,,, ...... ,N p,5,, } SS County of Peoria ))) CERTIFICATE On this 4th day of June . 2024 , before me, a Notary Public, I, the undersigned officer of RLI Insurance Company and/or personally appeared Eric Raudins who being by me duly sworn, Contractors Bonding and Insurance Company, do hereby certify acknowledged that he signed the above Power of Attorney as the aforesaid that the attached Power of Attorney is in full force and effect and is officer of the RLI Insurance Company and/or Contractors Bonding and irrevocable: and furthermore, that the Resolution of the Company as Insurance Company and acknowledged said instrument to be the voluntary set forth in the Power of Attorney, is now in force. In testimony act and deed of said corporation. whereof. I have hereunto set my hand and the seal of the RLl Insurance Company and/or Contractors Bonding02d Insurance 1 Company this 3rd day of October . 2 Aciai... By: RLI Insurance Company Jill A.Scott Notary Public Contractors Bonding and Insurance Company , + rI AL A SCOTT 4 n Notary Public State of Dhlo By: Y " -t.' i; = My Comm.Expires Jeffrey icck Corporate Secretary * �?. a September 22,2025 46 72 7720202/2 A0058D 19