Loading...
HomeMy WebLinkAboutT-6135 - Certificate of Insurance - 2/21/2018 __—'e"i GLENE-1 _ A�r_7Ra CERTIFICATE OF LIABILITY INSURANCE DATE 02/14/2018 02114!2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(iss)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 tills certificate does not confer rl h[s to[tie certificate holder in lieu of such endorsemen s. PRODUCER 559-233-0123 gQ+5 TACT Kim Cameron ArI-Center Insurance Agene PHONE FAX 2N5O W.Shaw Lane,Suite 102 tic E,n 559-233-0123 559»286-585$ Fresno,CA 93711 klm@agricentor nsurance.com Martin McCubbin INSURER151 AFFDRDING C E NAi�i 1 sURERA:First Mercury Insurance Co INSURED Gary McDonald Development INsuRFR a,State Compensation Ins.Fund 35076 GaryMcDonald 1132 Navigators Insurance Com 11326 Gtencastle Way INSURER C: 9 pony � X42307 Fresno,CA 93730-7003 INSURER D:West American Insurance Co 44393 INSURER E INSURER F COVERAGES CERTIFICATE NUMBER-. REVISION NUMBER.- THIS MBER: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 TIIE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. _ tNSR TYPE OF INSURANCE ADDL SUR n6acY EFF POLICY RXP POLICY NUMBER I LIMITS A ICOMMERCIAL GENERAL LIABILITY EAgH C EN E _ 1.000,000 cLAIMs�NAOE X OCCUR CACGLOOODO6802502 10/01/2017 10/01/2018 Q1ViI°` E ORENTED -60,000 U Y Y PL3F�u�31:�iEn � z MED E%P ahe EXCLUDED PER$ONALEApVINJURY ..t 1,000,000 GEM AGCRFGATE LIMIT APPLIES PER: GENERAL AGGREGA 3 2,000,000 POLICY LX l In FI LOC PRODUCTS-�QMPIQP AGS_ 2,000,000 OTHER RETENTION 10,000 COMtlINEO SINGLE LRd!t AUTOMOMI.E LIABILITY ' IEa arcklenl4 _ _ 1,000,000 ANY AUTO Y Y BAW57052803 4 12108/2017 12108!2018 BODILY INJURY(Per perm) S OWNED I X SCHEDULED AUTOS ONLY AUUTOSyy Ep BODILYIW RY(Perec06"].S AUTOS ONLY X AUTO ONLY GP1 {vAA[L i C UMBRELLA LIAR X OCCUR EACH GURR@NCE_ 5,000,060 X EXCESS W1B cLAIMs MADE .3F17EXC7256931C 10/01/2017 10/0112018 AGGREGATE = 8,000,000 DED RETENTIONS B two rmCoomp LI9mm X PER UTHAMU EMPLOYERS7 - A LITE i ER ApNpYPFtOPRIETURIPAK1NERIE7[ECUIMz YIN Y 900471918 01/2712018 01/2712019 EL FA F� 1,000,000 (M 110E dy r'n�t�ilR)EXCLUOEt" " NIA 11,000,000 E L.DISEASE-EA EMPLOYE 11Myae,describe"' — 1,000 ouo DESCRIPTI NOF PERATI N !! F L DIE F-POLICY LWAIT h I DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101.Additional Remarks Schedule,maybe attached If more space is required) SEE NOTES RISK MANAGEMEFnges ISION Approve Approved w/C ❑ CERTIFICATE HOLDER CANCELLATION Signed Date SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CITY OF F5N0 ACCORDANCE WITHEXPITION TS POLICY PROTHEREOFVISIONS NOTICE WILL BE DELIVERED IN 2600 FRESNO STREET ROOM 4064 AUTHORIZED REPRESENTATIVE FRESNO,CA 93721-3620 Martin McCubbin C_ ACORD 25(2016/03) C 1988-2015 ACORD CORPORATION, All rights reserved. The ACORD name and logo are registered marks of ACORD NOTEPAD OP ID:KC oau 0217412018 iNsuaeo�s rwMe Gary McDonald Development T The City of Fresno, its officers, officials, agents, employees, and volunteers are included as additional insured as respects to general liability per attached form CO 20 12 04 13 and the auto policy per forms CA 20 40 02 99 & CA 88 66 05 13 attached, Primary and Noncontibutory applies to General Liabilty per attached form CG 2001 0413. In regard& to the Excess Liability, Primary and Noncontributory applies per attached form NAV-EXC--348A (01/11) . 30 Day Notice of Cancellation, 10 Day Notice for non-payment COMMERCIAL GENERAL LIABILITY CG20120413 THS ENDORSEMENTCHANGES THE POLICY. PLEASE READiTCAREFULLY. ADDITIONAL INSURED --- STATE OR GOVERNMENTAL AGENCY OR SUBDIVISION OR POLITICAL SUBDIVISION - PERMITS OR AUTHORIZATIONS This endorsemart modifies insurance provided undarthefdbwing: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE State or Qoverttmmntai Agency or Sub,div,Mon Or Political Subdivision: City of Fresno Public Works Department 2600 Fresno st Rm 4064 Fresno,CA 93721 In formallonraoldrad to can 18tathis Schedule y nol sham above Wit be shauei Intha Declarallons. A. Section 11 -Who Is An Insured Is amended to 2 This insurance does not apply to: include as en additional insured any state or gavemmenbi agency or subdivision or lineal a. 'Bodily Injury, pr a damage or subdivision shown In the Schedule, subject to the "personal and advertising fn]ury"arising out following provlsicns: of aPeratbrrs performed for the federal 1. Thls insurance applies only wiill respect is government,state or municipality;or opsr Wns performed by you or on your behalf b. "BodW Injury" or ,pr°perly dared` for which the state or govemmenfai agency or Included wfthb the produ s-completed sub&dslon or political subdlvisicn has Issuad a ol�llons hazard porm it yr etulhoOmtton. B.With respect to the insuranoo afforded to these However: additional insureds, the following Is added to Section III-Limits Of Insurance: s. Tho Insurance afforded tv such additional if coverage p=(Jo 1he addhfonal insured Is insured 04 applies to the extent perr�led required 6y a car�rttd nr agreement,the most vw Ery law,rxrd will pay on behalf of the additional Insured Is the b. If cov"o provided to the additional amount of insurance; Insured Is required by a oordmct or 1. Required by the contract oragreenrent;or agreemeni,the insurance afforded to such additional insured W11 not be broader Than 2. Available under the applicable Units of that which you are required by the Conlract insrrrarrce shown In the Deciarallrxrs; Dr Rreernenl to provide for such uddilional vvhichever is lass. Insured. This andorsemenI shall not increaso the applicable LimIIs of Insurance shown In the Decl-Fal iorrs. CG 2012 0413 0 Insurance Services Office,Inc.,2012 Page 1 of 1 CACGL000006802501 0()MMMIr41.13MVM- L LIAf LILY 092.0 04 0418 R"S 13N'JUR MMNT ONANQIN'IM PULIOY. PI.PASk HWAD 1'P OAIN3PuLLy. PRIMARY AND ImUNGONTRIBUTURY.- C.)TI-M-11Ii1 SURANGE coj\1"`I ON Thlaslldor"6111'rloi411(mIllaumIluePAWilubrUlerdWligc PROMOTM(MG►NI{NkRr A �I fT'la Q ATioN)\ �tl.l'{�y'� Vl t ll%:I'Ali 1' TheMIDWIVIseddadtoIlia Ot erhisurl,ncoc;oneYllonandsujxm(bsallypovbw110111ec0nlrolyr PilmeryaulNonroltrluutaylnam•allue 1;0 You limb�q marl In mtltry 11i n amilim nr '11119 Gls'Il-01110 IS I111llklly In gull Anol uoak. val"nQld IIre1 116 1111KU100 mild be oolllitigloo nnln arlyolilal'III54 mio9 Avull aw In 1011WTI 1y MdwuW twI nnekroiklhrAlan Irmlre All ndr4Noltal IlNitr0d nrsir,r your polloy Ilruvklal rely tOlIar bimIrail co avelIellkr id IIleadcllhsllal Ilid, hlsulred. (1) 7-ho r 11tlok pal 11wroilIs a mw Inaurad 'puler clloll alhor 61st(mim gurc 20010fhs 011lauranooSWoa9Oflloo,Ino,2012 pays ar9 r , THIS ENDORSEMENT C14ANGES TME POLICY.PLEASE READ IT CAREFULLY, CA 20 48 02 99 DESIGNATED INSURr:,D ENDORSEMENT The endomernent modifies hraurmce provided under the following: BUSINESS AUTO COVERAGE FORM WRAGE COVERAGE FO RM MOTOR CARRIGR COVERAGE FORM �r TRUCKERS COVERAGE FORM VWth respect to covcragp Irlovided by this endorsement, the pravlelons of the CoveWe Form:apply unless modified by the enclofsennent. Tills aslidol uumout Identifios person(&) ol nra "Instawds" urLder the W-10 19 AN IAV- SURM provlslon of Ilia Cnvoega Form. This endolsr�111f3nt dons 1101 e{Inr wvoragn provided In the Gov. � ear�a f=orm. This endomarpcaal changes The policy effective on the Inception date of ft POIW unless another date b Indicated bcica- 1� Endorsement Waclive `-- - ToUcy Number - — — --- AAH57059.803 Named Insured ---- (Aullmfted Representative) aCNEDULE Name of Perbon(s)or OrganhaUon(s) City o2 preano of no entry appears above, laformalton required to complete this endorsement will be ehawn 91 the.DeclWa- tions esepplloeble to this endorsement.) Eecl+psrson or orgarfixadlon shown In Ilse Sohedula Is will"hi43 md" for LIABILITY COVERAGE,but only to (he extent that parson Or organization yual#flos as an"Inacmia' under the WHO IS AN INSOAED provlelo<i cxmtalned In SECTION II of the Coverage Farm, CA 20 40 02 99 Copyrbh4 Insumnoe esrvless oMce, Ins.,19oa Page 1 of I i POLICY PRAW57052803 ► ' COMMERCIAL AUTO CA 88 88 061E '0118 ENDORSpMENT ORANGES THE POLICY,PLEASE READ IT CAREFULLY. [)E8Ic3NA'fE 1 INSURED d NONCONTRIBUTING This endorsement tnodlffes Incuranoe provkfed under the following: BUSINESS AUTC)CUVF-RAoj-FORM GARAOC CovERAaF-FMM MOTOR CARRIEri covERAOF F0}ZAII TRLJClfERaCovCRAGE I ono V th respect to covofMa pRWIdeti by this a endorsement, the provisions of the Coverage I'onrr apply unless mod lied by this endoraemellt. This ehdoraometlt kiesitiflas pm(,n(s) or nrpalrizatlan(e] Who are"instircrls' under the Who is an Irrstlred PMV14 n of Elis COve100 Farm. 'Ehis elKIM661)1eplt does not alter cciverngo provided In the Coveragn Fnrttl. Schedule Nalne Of Pel+son(s)or Organia-ation(a): CIL7 of Aresno Regardh►g Designated Contract orPfo)ect: city of tr'remic r:ach person or Ofgtnlzatlon show" In the Schedule of INS endorsement Is On 41sured` for Llabifity Cov- orags, but only to lha extant that parson or organlzalkln quailfles as an"Insured" tinder Ihv Wlla Is An ilIvired Prevlakul contained In eftion II of the Covcrn a i-omi. The following Is added to the Othef Insurance Condit= If you have agroad it►u written ahr"ment that this poky will bo primay alxj wittwtlt right Or coniritlu- Ilan from any klstitaltes In fomce for an Addhl011a! In"Wed ror liubility adsing cut of your opsrallons, end thO agraelllent WAS exectited prior to the 11) IriJury" ❑r"Rroi�rLy datnayFf, Ilton lhls #nsurnnrp wlB he IxinlBry grid We wdl net seek oollttlhullon fratn suds Insuranoo. CA OB 86 06 73 Includes co ® 20131,11p ply M111ugl Inmlrorlco.Al1 rlghN r"olvetl. pydahled walc4la1 aI Insurancevlms serOffice,Inc with NPs ennlsslon. Page 1 of 1 C0MMERCIAL EXCE38 LIABILITY THIS ENDOWMENT CNAAIQi_S THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF CONDITIONS OTHER INSURANCE PRIMARY AND NON-CONTRIBUTING This andorsament modifies insurance provkled under the fofbwing: COMMERCIAL EXCESS LIABILITY COVERAGE PART 80HEDULE When required by written oontraot exeouted before tho"lose." A. Savlun IV-pondhlons.%011e1er instnrame is deleted and m000ed by The folicwina: P. 11113 Insurance Is excess over any alher insuranoe available to the Insured except: u. Insuranos That Is purobawd specifically to apply In Nam of this policy;or b. Instirwiae ovt&ble to thu fwrson oi,org9Nzptim shown In the 6owdulo 41 ihls undorsainonl ne an ad(]illarwl to-cored on the%w1rdlinn un8arlylrlg k1surariuu: B. When Ids hasurmmon npJ)iir+s nn a plimaiy R"d ttoo�-Omilrlbuplio basis,The Urvilsof Insurance P811,11JIsior lie additional la w(W will by the Woor Df,, T. The amounts eh own In 11191713 01 The Deolwallon it of thle policy;or 2. the nMOM I of kIsruralwe you ars roquk-ed to provide the additional Insured in the written content ar A rraenlant. All other forms of the pniioy remain uncharged. MAV-EX0-948A(oi/f 1) "(109alors Specially Ntsurance Company Page 1 of 1 09111ahta ropyriphted majell 010 f The Insurance SerAws ovinn.inn.wIli I its parmisdon. STATE ENDORSEMENT AGREEMENT BROKER COPY WAIVER OF SUBROGATION FUND 9004719-18 RENEWAL NF HOME OFFICE 2-78-20-50 SAN FRANCISCO PAGE 1 OF 1 ALLEFFECTIVE DATESARE AT 12:01 AM PACIFIC EFFECTIVE FEBRUARY 10, 2018 AT 12.01 A.M. STANDARD TIME OR THE TIME INDICATED AT AND EXPIRING JANUARY 27 2019 AT 12.01 A.M. PACIFIC STANDARD TIME GARY MCDONALD HOMES 11861 N ALICANTE DR FRESNO, CA 93730 ANYTHING IN THIS POLICY TO THE CONTRARY NOTWITHSTANDING, IT IS AGREED THAT THE STATE COMPENSATION INSURANCE FUND WAIVES ANY RIGHT OF SUBROGATION AGAINST, CITY OF FRESNO WHICH MIGHT ARISE BY REASON OF ANY PAYMENT UNDER THIS POLICY IN CONNECTION WITH WORK PERFORMED BY, GARY MCDONALD HOMES IT IS FURTHER AGREED THAT THE INSURED SHALL MAINTAIN PAYROLL RECORDS ACCURATELY SEGREGATING THE REMUNERATION OF EMPLOYEES WHILE ENGAGED IN WORK FOR THE ABOVE EMPLOYER, IT IS FURTHER AGREED THAT PREMIUM ON THE EARNINGS OF SUCH EMPLOYEES SHALL BE INCREASED BY 03%. NOTHING IN THIS ENDORSEMENT CONTAINED SHALL BE HELD TO VARY, ALTER, WAIVE OR EXTEND ANY OF THE TERMS, CONDITIONS, AGREEMENTS, OR LIMITATIONS OF THIS POLICY OTHER THAN AS STATED. NOTHING ELSEWHERE IN THIS POLICY SHALL HE HELD TO VARY, ALTER, WAIVE OR LIMIT THE TERMS, CONDITIONS, AGREEMENTS OR LIMITATIONS OF THIS ENDORSEMENT. COUNTERSIGNED AND ISSUED AT SAN FRANCISCO: FEBRUARY 13, 2018 2570 AUfI owl]-D REPRE ENT lvF S PRESIDENT AND CEO SCIF FORM 10217 IREV.7-20141 OLD OP 217 CALIFORNIA COMPLAINT NOTICE In the event you need to contact someone regarding a dispute about your policy, premium or a claim that you have filed, please contact your broker or agent. If you have additional questions, you may contact the insurance company issuing this policy at the following address and telephone number: Navigators Specialty Insurance Company One Penn Plaza, 32 nd Floor New York, NY 10119 Telephone Number: 1 (888)222-2642 If you have been unable to contact or obtain satisfaction from the broker, agent, or company, you may contact the Consumer Services Division at: Consumer Services Division California Department of Insurance 300 South Spring Street, South Tower Los Angeles, CA 90013 www.insurance.ca.gov Toll Free Number: (800) 927-4367 or (213) 897-8921 Please be informed that written correspondence is preferred so that a record of your inquiry is maintained. In addition, have your policy number available when contacting your broker, agent, company, or the Consumer Services Division. This notice is for information only and does not become a part or condition of this policy. NSIC CA NOTICE (09/16) Commercial Navigators Excess Declarations NAV-EXC-DEC(4/10) Policy Number: SF17EXC7256931C Producer Number: CROU0015 Renewal Insuring Company: Navigators Specialty Insurance Company Producer: Crouse and Associates Insurance One Penn Plaza Services of Northern California, Inc New York, NY 10119 650 CALIFORNIA ST, SUITE 2900 SAN FRANCISCO, CA 94108 1. Named Insured: Gleneagles Homes A California Business Type: Corporation Corporation dba: Gary McDonald Homes; Tower Rentals, LLC Address: 11326 N. Glencastle Way Fresno, CA 93720 2. Policy Period: From: 10/01/2017 to 10/01/2018 (At 12:01 a.m. standard time at your mailing address shown above.) 3. Limits of Insurance Each Occurrence or Event $9,000,000 General Aggregate $9,000,000 Products-Completed Operations Aggregate $9,000,000 4. Underlying Insurance: See AMENDMENT-SCHEDULE OF UNDERLYING attached 5. Premium at Inception Policy Premium: $97,500 Minimum Premium: $97,500 SURPLUS LINES Minimum Earned: $24,375 STATE TAX$2,925.00 Terrorism Premium: Excluded STAMPING FEE $195.00 S. Endorsements Attached to this Policy at Inception OPUS Cover Sheet OPUS Cover Sheet (02/17) CALIFORNIA COMPLAINT NOTICE NSIC CA NOTICE(09/16) Commercial Excess Liability Declarations NAV-EXC-DEC (04110) Commercial Excess Liability Coverage Part NAV-EXC-001 (04/10) CLAIM REPORTING PROCEDURES NAV-PHN-200(10/13) Page 1 of 2 OFAC ENDORSEMENT NAV-ML-002 (11/12) California Changes NAV-ECD-200-CA(04/10) Exclusion -Wrap-Ups and Project Policies NAV-EXC-354(01/15) Claims Made Underlying NAV-EXC-304(03/10) Exclusion -Cyber Injury NAV-EXC-5041 (01/15) Nuclear Energy Liability Exclusion NAV-EXC-302 (07/09) Exclusion-Condominium or Townhouse NAV-EXC-327 (10/09) Exclusion - Exterior Insulation and Finish System NAV-EXC-311 (07/09) EXCLUSION -NEW YORK NAV-EXC-5027 (11/12) Exclusion - Rejected Coverage NAV-EXC-321 (07/09) Service of Suit Endorsement NAV-ECD-300 (04/05) Amendment of Conditions Other Insurance Primary and NAV-EXC-348A(01/11) Noncontributing Non-Cumulation of Limits/Anti-Stacking NAV-ECD-361 (05110) Amendment-Schedule of Underlying NAV-ECD-104(02/11) Exclusion of Certified Acts of Terrorism NAV-EXC-401 (02/15) Signed at: by This day of:_ Authorized Representative NAV-EXC-DEC(4/10) Page 2 of 2 Commercial Excess Liability Coverage Part Various provisions of this policy restrict coverage. Read the entire policy carefully to determine your rights, duties and what is and is not covered. Throughout the policy the words"you" and"your" refer to the Named Insured. The words"we," "us" and "our' refer to the company providing this insurance. The word"insured" means any other person or organization qualifying as such under SECTION II —WHO IS AN INSURED. Other words and phrases that appear in quotations in this policy have special meanings. Refer to SECTION V- DEFINITIONS. SECTION I —COVERAGE 1. Insuring Agreement A. Excess Liability 1. We will pay on behalf of the insured and in excess of"underlying limits"those sums the insured becomes legally obligated to pay as damages for"loss"to which this insurance applies. This insurance applies only if: a. the"loss" is caused by an"event"that takes place in the coverage territory; b. the"loss" occurs during the"policy period;" and c. the"controlling underlying insurance" applies to the"loss." 2. If an aggregate limit of"controlling underlying insurance" is exhausted by the payment of judgments or settlements to which this insurance applies, or would have applied but for the amount of the damages, this insurance will apply in place of the"controlling underlying insurance" until we have paid our applicable Limits of Insurance. 3. When paragraph 2. above applies, ending the"controlling underlying insurance" obligations to investigate and settle claims or defend suits against the insured, we have the right and duty to investigate claims and defend suits which seek damages to which this insurance applies. Our right and duty to defend end when we have paid our applicable Limits of Insurance. 4. When paragraph 2 above does not apply, we have the right, but not the duty, to participate in the investigation or settlement of any claim or the defense of any suit against any insured 5. We have the right, at our discretion, to settle any claim to which this insurance applies. 6. As respects paragraphs 3. and 4. above, "defense expenses"we incur in the investigation of any claim or defense of any suit will be paid in addition to the Limits of Insurance except when such costs reduce the limits of"controlling underlying insurance," in which case they will reduce our Limits of Insurance. 7. The amount we pay is limited. See SECTION III—LIMITS OF INSURANCE. Navigators Specialty Insurance Company Contains copyrighted material of the NAV-EXC-001 (04/10) Insurance Services Office, Inc. with its permission. Page 1 of 7 2. Exclusions The EXCLUSIONS sections of the"controlling underlying insurance" are made part of this policy. If an inconsistency or contradiction exists between an Exclusion of this policy and an Exclusion of the"controlling underlying insurance"the Exclusion of this policy will apply. However, in no case will coverage be excluded by the"controlling underlying insurance" and not excluded by this policy. This insurance does not apply to any liability: 1. to which "controlling underlying insurance" does not apply; 2. for which coverage is provided by"controlling underlying insurance" at limits less than the limits of insurance applicable to other coverage provided by the "controlling underlying insurance" and less than"underlying limits;" 3. for"loss"which commenced prior to this"policy period,"whether or not such"loss" continues, progresses, changes or resumes during this"policy period;" 4. for damage to property you own, rent or occupy, 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 the prevention of injury to a person or damage to another's property; 5. for damage to personal property in the care, custody or control of any insured; 6. arising out of any"aircraft products," 7. arising out of the actual, alleged, suspected or threatened inhalation of, ingestion of, contact with, exposure to, existence of, or presence of"asbestos;" 8. arising out of the actual, alleged, suspected or threatened inhalation of, ingestion of, contact with, exposure to, existence of, or presence of"fungi" or bacteria; 9. arising out of the actual, alleged, suspected or threatened inhalation of, ingestion of, contact with, exposure to, existence of, or presence of"silica" or"silica related dust;" 10. arising out of any"employment practices" of any insured; 11. arising out of: a. war, including undeclared or civil war; b. warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or c. insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these; 12. imposed under: a. an uninsured or underinsured motorist, uninsured or underinsured boater, Medical Payments, Personal Injury Protection, No-Fault or any similar law; b. a workers compensation, disability benefits, unemployment compensation or any similar law; c. the Employee Retirement Income Security Act of 1974, any amendments thereto or any similar law. Navigators Specialty Insurance Company Contains copyrighted material of the NAV-EXC-001 (04/10) Insurance Services Office, Inc. with its permission. Page 2 of 7 SECTION I I—WHO IS AN INSURED The WHO IS AN INSURED section of the"contralling underlying insurance" is made part of this policy. Any person or organization that is an insured in"controlling underlying insurance"is an insured in this policy to the same extent. SECTION III—LIMITS OF INSURANCE The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of insureds, claims made or suits brought, or persons or organizations making claims or bringing suits. 1. The General Aggregate Limit is the most we will pay for the sum of all damages to which this insurance applies, except: a. damages because of bodily injury or property damage included within any applicable products-completed operations hazard;or b. damages arising out of the ownership, operation, maintenance or use of an automobile; 2. The Products-Completed Operations Aggregate Limit is the most we will pay for the sum of all damages included within any applicable products-completed operations hazard; 3. Subject to paragraphs 1. and 2. above, the Each Event Limit is the most we will pay for all damages that arise out of any one"event." SECTION IV—CONDITIONS The CONDITIONS sections of the"controlling underlying insurance" are made part of this policy. If an inconsistency or contradiction exists between the Conditions of this policy and the Conditions of the"controlling underlying insurance,"the Conditions of this policy will apply. 1. Appeals At our discretion we may appeal any judgment which would result in a payment under this policy.When we do appeal, we will pay all costs associated with the appeal in addition to the Limits of Insurance. Any such appeal will not increase our Limits of Insurance. 2. Bankruptcy or Insolvency Bankruptcy or insolvency of the insured or the insured's estate will not relieve us of our obligations under this policy. Bankruptcy or insolvency of any company providing "controlling underlying insurance"will not reduce the"underlying limits" or increase our obligations under this policy. We will not be required to drop down or replace"controlling underlying insurance." 3. Cancellation a. The first Named Insured may cancel this policy at any time by providing us advanced written notice of the cancellation date. b. We may cancel this policy at any time by providing the first Named Insured written notice of cancellation: i. at least 10 days in advance if we cancel for non-payment of premium; or ii. at least 30 days in advance if we cancel for any other reason: Navigators Specialty Insurance Company Contains copyrighted material of the NAV-EXC-001 (04/10) Insurance Services Office, Inc. with its permission. Page 3 of 7 c. If the"controlling underlying insurance" is cancelled for any reason, this policy is also cancelled. Reinstatement of the"controlling underlying insurance" does not reinstate this policy unless reinstatement is endorsed hereon. Return premium, if any, will be calculated per Condition 11. Premium. Proof of mailing will be proof of notice. 4. Non-Renewal a. We are not obligated to renew this policy. However, should we decide not to renew, we will provide the first Named Insured written notice of our decision at least 30 days prior to the expiration date shown in the Declarations. b. We will not restrict the terms or increase premium of this policy at renewal unless we have given the first Named Insured at least 30 days advanced notice of any such changes. However, no notice will be provided or required if a restriction in this policy results from a restriction applicable to"controlling underlying insurance." c. The first Named Insured may non-renew this policy by: i. providing advance written notice to us; ii. rejecting our offer to renew; or iii. failing to reply to our offer to renew. Proof of mailing will be proof of notice. 5. Changes This policy contains all of the agreements between you and us. This policy may only be changed by endorsements we issue. 6. Duties When There is an"Event," Claim or Suit a. You must see to it that we and any other insurers who could provide coverage are notified as soon as practicable of any"event"which may be reasonably expected to result in a claim under this policy. To the extent possible, notice should include: i. how, when and where the "event'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"event." b. If a claim is made or suit is brought against any insured which may be reasonably expected to result in a claim under this policy, you must: i. immediately record the specifics of the claim or suit and the date received; and ii. notify us, and any other insurers who could provide coverage, as soon as practicable. c. You and any other involved insured must: i. immediately send us, and any other insurers who could provide coverage, copies of any demands, notices, summonses or legal papers received in connection with a claim or suit which may be reasonably expected to result in a claim under this policy; ii. authorize us to obtain records and other information; iii. cooperate with us in the investigation or settlement of the claim, issues relating to coverage under this policy or defense against the suit; and iv. assist us, upon our request, in the enforcement of any right against any person or organization which may be liable to the insured because of the injury or damage to which this insurance may apply. Navigators Specialty Insurance Company Contains copyrighted material of the NAV-EXC-001 (04/10) Insurance Services Office, Inc. with its permission. Page 4 of 7 d. No insured will, except at that insured's own cost, voluntarily make a payment, assume any obligation or incur any expense, other than first aid, without our consent. Notice to us may be sent to our address shown in the Declarations. 7. Legal Action Against Us No person or organization has a right under this insurance: a. to join us as a party or otherwise bring us into a suit asking for damages from an insured; or b. to sue us on this insurance unless all of its terms have been fully complied with. 8. Maintenance of Controlling Underlying Insurance During the"policy period"you must maintain"controlling underlying insurance"with "underlying limits" at least equal to the amounts shown in the Declarations The "underlying limits" must be unimpaired at the beginning of this"policy period." If you fail to maintain the"controlling underlying insurance"this policy will be invalid. If you fail to maintain"underlying limits,"we will only be liable to the extent we would have been liable had you maintained the "underlying limits." Reduction of"underlying limits" by the payment of judgments or settlements for"loss"to which this insurance applies, or would have applied but for the amount of the damages, will not be considered a failure to maintain"underlying limits." 9. Other Insurance This insurance is excess over any insurance available to the insured except insurance purchased specifically to apply in excess of this policy. 10. Payment of Damages When the amount of damages payable under this policy has been determined by final judgment or a written settlement agreement between the claimant and us, we will pay that amount, up to our applicable Limits of Insurance, after the"controlling underlying insurance" or the insured has paid the full amount of the"underlying limits." 11. Premium The Premium shown in the Declarations is the premium for the coverage we provide for the"policy period."The first Named Insured is responsible for the payment of all premiums under this policy. If this policy is cancelled prior to its expiration date return premium will be calculated as follows: a. if cancelled by us: [{(Premium)—(Minimum Earned Premium)}x(Pro Rata factor)] b. if cancelled by you: [{(Premium)—(Minimum Earned Premium)}x{(Pro Rata factor)x(.90)}]. 12. 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: a. as if each Named Insured were the only Named Insured; and b. separately to each insured against whom claim is made or suit is brought. 13. Transfer of Rights of Recovery Against Others If an insured has rights to recover all or part of any payment we have made under this insurance, the insured must preserve those rights and, at our request, pursue or transfer those rights to us.The insured must do nothing after an "event"to impair them Navigators Specialty Insurance Company Contains copyrighted material of the NAV-EXC-001 (04/10) Insurance Services Office, Inc. with its permission. Page 5 of 7 14. Reformation of Underlying If the"controlling underlying insurance" is reformed after an"event"to provide coverage for a"loss,"the terms of such reformation do not apply to this policy. 15. When we Defend When we have a duty to defend an insured, the insured will cooperate with us in the transfer of the defense to counsel of our choosing If the law of the governing jurisdiction permits an insured to select their own counsel to be paid for by us, we shall only be liable for the reasonable and necessary defense costs of one law firm per insured at rates customarily paid by us for the defense of similar claims in the jurisdiction where the claim is pending. 16. Claims outside the U.S.A, it's Territories, Possessions or Canada When we have the duty to defend an insured and are prevented by law or otherwise from doing so, we will reimburse the insured for any reasonable and necessary expenses incurred in the defense of a suit to which this insurance applies. If the insured becomes legally obligated to pay damages to which this insurance applies and we are prevented by law from paying such damages on behalf of the insured, we will reimburse the insured, in U.S currency at the prevailing exchange rate at the time the damages were paid, for such damages. SECTION V—DEFINITIONS The DEFINITIONS sections of the"controlling underlying insurance" are made part of this policy, and apply to words or phrases used in this policy provided always that words or phrases in quotations in this policy will have the meaning given them in this policy. "Aircraft products" means: a. an aircraft; b. ground control or support equipment; or c. any article, component or device made, sold, licensed, handled or distributed by any insured that is used to achieve, control or maintain flight or landing of an aircraft. "Asbestos" means the mineral in any form. "Controlling underlying insurance" means the policy listed in the Schedule of Underlying Insurance shown in the Declarations, or its renewal or replacement, which applies to the "loss," or would have applied but for: a. an exclusion in that policy; or b. the exhaustion or erosion of an aggregate limit of insurance; If more than one policy is listed in the Schedule, the"controlling underlying insurance" is the policy which applies to the"loss" or would have applied but for the reasons a. or b. listed above. "Defense expenses" means expenses we incur to investigate a claim or defend a suit. Defense expenses include interest which accrues on our portion of a judgment, after entry of that judgment and after the insured or any underlying insurer has paid the full amount of their portion of the judgment but before we have paid, offered to pay or deposited in the court the part of the judgment that is within our applicable Limits of Insurance. "Employment practices" means: Navigators Specialty Insurance Company Contains copyrighted material of the NAV-EXC-001 (04/10) Insurance Services Office, Inc. with its permission. Page 6 of 7 a. dismissal, discharge or termination of employment, whether actual, constructive or retaliatory; b. failure or refusal to hire or promote; c. discipline, demotion, coercion or retaliatory treatment; d. failure to grant tenure; e. negligent employment evaluation; f. sexual or other workplace harassment, including quid pro quo and hostile work environment; g. employment discrimination; h. invasion of privacy, violation of employment related civil rights, employment related libel, slander or defamation; i. creating or enforcing or failing to create or enforce employment related policies or procedures; or j actual or alleged violations of the Family and Medical Leave Act of 1993 or its amendments. "Event' means an accident, incident, occurrence, offense, wrongful act or other"loss" causing "event" defined by and to which the"controlling underlying insurance" applies. "Fungi" means any type or form of fungus, including mold or mildew and any mycotoxins, spores, scents or byproducts produced or released by fungi. But"fungi" does not include mushrooms cultivated for human consumption. "Loss" means bodily injury, property damage, personal and advertising injury or other loss defined by and to which the"controlling underlying insurance" applies. "Policy period" means the period of time between the effective date shown in the Declarations and the earlier of the expiration date shown in the Declarations or the expiration date shown in an endorsement to this policy. "Silica" means silicon dioxide, occurring in crystalline, amorphous or impure forms, silica particles, silica dust or silica compounds. "Silica related dust' means a mixture or combination of silica and other dust particles. "Underlying limits" means the amounts shown in the Declarations as the minimum limits of insurance to be provided by"controlling underlying insurance." In Witness Whereof,the issuing Company has caused this policy to be signed officially below,and countersigned on the Declarations page by a duly authorized representative of said Company. J .- Stanley A.Galanski Jeff L. Saunders President Vice President Navigators Specialty Insurance Company Contains copyrighted material of the NAV-EXC-001 (04/10) Insurance Services Office, Inc with its permission. Page 7 of 7 Policyholder Notice CLAIM REPORTING PROCEDURES Conditions of the policy require that in the event of a claim, you notify us as soon as practicable. All claim notifications are to be reported to the Schaumburg Claims Office by electronic mail to RBClaims@navg.com. In the alternative, claim notices may also be: 4 Mailed to the Schaumburg Claims Office at: Navigators Management Co., Inc. Claims Division 1375 E. Woodfield Road, Suite 720 Schaumburg, IL 60173 Or faxed to 203-658-1824 • Or telephone 855-444-4796 All claims notifications must be accompanied by an ACORD loss form and should contain current contact information for the insured and claimant(s) as well as a detailed description of the loss. If the insured files a claim with the agent, it is the agent's responsibility to forward the claim to the Schaumburg Claims Office. NAV-PHN-200 (10/13) Page 1 of 1 OFAC ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. U.S. ECONOMIC AND TRADE SANCTIONS LIMITATIONS CLAUSE No insurer shall be deemed to provide cover and no insurer shall be liable to pay any claim or provide any benefit hereunder to the extent that the provision of such cover, payment of such claim or provision of such benefit would expose that insurer to any sanction, prohibition or restriction under the trade or economic sanctions, laws or regulations of the United States of America The United States of America trade or economic sanctions, laws or regulations shall include, but not be limited to, those sanctions administered and enforced by the U.S. Treasury Department's Office of Foreign Assets Control (OFAC). All other terms, conditions and exclusions of this Policy remain unchanged. NAV-NE-002(11/12) Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CALIFORNIA CHANGES The following applies and supersedes any other provision to the contrary: A. The Cancellation Condition is replaced by the following: 1. All Policies In Effect For 60 Days Or Less If this policy has been in effect for 60 days or less, and is not a renewal of a policy we have previously issued, we may cancel this policy by mailing or delivering to you, at the mailing address shown in the policy and to the producer of record, advance written notice of cancellation, stating the reason for cancellation, at least: a. 10 days before the effective date of cancellation if we cancel for: (1) Nonpayment of premium; or (2) (Discovery of fraud by: (a) Any insured or his or her representative in obtaining this insurance; or (b) You or your representative in pursuing a claim under this policy. b. 30 days before the effective date of cancellation if we cancel for any other reason. 2. All Policies In Effect For More Than 60 Days a. If this policy has been in effect for more than 60 days, or is a renewal of a policy we issued, we may cancel this policy only upon the occurrence, after the effective date of the policy, of one or more of the following: (1) Nonpayment of premium, including payment due on a prior policy we issued and due during the current policy term covering the same risks. (2) Discovery of fraud or material misrepresentation by: (a) Any insured or his or her representative in obtaining this insurance; or (b) You or your representative in pursuing a claim under this policy. (3) A judgment by a court or an administrative tribunal that you have violated a California or Federal law, having as one of its necessary elements an act which materially increases any of the risks insured against. (4) Discovery of willful or grossly negligent acts or omissions, or of any violations of state laws or regulations establishing safety standards, by you or your representative, which materially increase any of the risks insured against. (5) Failure by you or your representative to implement reasonable loss control requirements, agreed to by you as a condition of policy issuance, or which were conditions precedent to our use of a particular rate or rating plan, if that failure materially increases any of the risks insured against. (6) A determination by the Commissioner of Insurance that the: (a) Loss of, or changes in, our reinsurance covering all or part of the risk would threaten our financial integrity or solvency; or (b) Continuation of the policy coverage would: (i) Place us in violation of California law or the laws of the state where we are domiciled; or (ii) Threaten our solvency. (7) A change by you or your representative in the activities or property of the commercial or industrial enterprise, which results in a materially added, increased or changed risk, unless the added, increased or changed risk is included in the policy. NAV-ECD-200-CA(04/10) Navigators Specialty Insurance Company Page 1 of 2 Contains copyrighted material of the Insurance Services Office, Inc. with its permission. (g) A material change in limits, type or scope of coverage, or exclusions in one or more of the underlying policies. (g) Cancellation or nonrenewal of one or more of the underlying policies where such policies are not replaced without lapse. (10) A reduction in financial rating or grade of one or more insurers, insuring one or more underlying policies based on an evaluation oMained from a recognized financial rating organization. b. We will mail or deliver advance written notice of cancellation, stating the reason for cancellation, to you at the mailing address shown in the policy, and to the producer of record, at least: (1) 10 days before the effective date of cancellation if we cancel for nonpayment of premium or discovery of fraud; or (2) 30 days before the effective date of cancellation if we cancel for any other reason listed in Paragraph 3.a. B. The Non Renewal Condition is replaced by the following: 1 If we elect not to renew this policy, we will mail or deliver written notice stating the reason for nonrenewal to you and to the producer of record, at least 60 days, but not more than 120 days, before the expiration or anniversary.date. We will mail or deliver our notice to you, and to the producer of record, at the mailing address shown in the policy. All other terms of the policy remain unchanged. NAV-ECD-200-CA(04/10) Navigators Specialty Insurance Company Page 2 of 2 Contains copyrighted material of the Insurance Services Office, Inc.with its permission. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - WRAP-U PS AN❑ PROJECT POLICIES A. The following is added to SECTION I -COVERAGE, 2. Exclusions: This insurance does not apply to any liability: 1. arising out of your ongoing operations or your work on any project where you are or were a Named Insured, including coverage as an enrolled contractor, on: a. a consolidated (Owner Controlled or Contractor Controlled -wrap-up) insurance program; or b. a policy purchased to provide insurance for a specific project or projects. This exclusion applies whether or not the policies referenced in paragraphs a. or b. above: 1. provide coverage such as that provided by this insurance; 2. has limits adequate to cover all claims; or 3. remain in effect. All other terms of the policy remain unchanged. NAV-EXC-354(01/15) Contains copyrighted material of the Page 1 of 1 Insurance Services Office, Inc. with its permission. COMMERCIAL EXCESS LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CLAIMS MADE UNDERLYING This endorsement modifies insurance provided under the following- COMMERCIAL EXCESS LIABILITY COVERAGE PART When"controlling underlying insurance" applies on a Claims-Made basis, this insurance will apply on a Claims- Made basis and the following changes apply: A SECTION I -COVERAGE, 1. Insuring Agreement, A. Excess Liability, paragraph 1. is deleted and replaced by the following: 1. We will pay on behalf of the insured and in excess of"underlying limits"those sums the insured becomes legally obligated to pay as damages for"loss"to which this insurance applies. This insurance applies only if: a. the"loss" is caused by an "event"that takes place in the"coverage territory;" b. the"loss" did not occur before the Retroactive Date, shown in paragraph D of this endorsement, or after the end of the"policy period; " c. the"controlling underlying insurance" applies to the"loss;" and d. a claim for damages because of the"loss" is first made against the insured and reported to us during the"policy period" or any applicable Extended Reporting Period we provide. B. The following is added to SECTION I -COVERAGE, 1. Insuring Agreement, A. Excess Liability. All claims for damages because of"loss"to the same person will be deemed to have been made at the time the first of those claims is made against any insured C. As respects the coverage provided by this endorsement, SECTION I -COVERAGE, 2 Exclusions, 3. is deleted and replaced by the following: 3. for"loss"which commenced prior to the Retroactive Date, if any, shown in this endorsement, whether or not such"loss" continues, progresses, changes, or resumes during this"policy period." D. Retroactive Date ICarrier Policy Number Coverage Retro Date NAV-EXC-304(03/10) Navigators Specialty Insurance Company Page 1 of 2 Contains copyrighted material of the Insurance Services Office, Inc. with its permission. Carrier Policy Number Coverage Retro Date First Mercury Insurance CA-CGL-0000068025-02 Employee Benefits 10/01/2015 Company Liability If no date is shown,the Retroactive date will be the effective date shown in the Declarations of this policy E. Extended Reporting Periods An Extended Reporting Period provides additional time, after the end of the"policy period," during which you may continue to report claims to us. An Extended Reporting Period does not change the "policy period," increase limits of insurance or reinstate any aggregate limit. When a Basic Extended Reporting Period applies to the"controlling underlying insurance"without a premium charge, a Basic Extended Reporting Period will also apply to this policy for the period provided by the"controlling underlying insurance," but not more than 30 days after the end of this"policy period." When a Supplemental Extended Reporting Period applies to the "controlling underlying insurance" for an additional premium charge, a Supplemental Extended Reporting Period may, for an additional premium, also apply to this policy, provided that you request that we provide a Supplemental Extended Reporting Period and promptly pay any premium due. The Supplemental Extended Reporting Period will terminate on or, if no date is shown here, the termination date of the Supplemental Extended Reporting Period of the "controlling underlying insurances;" but not more than two years from the end of this"policy period." Premium for a Supplemental Extended Reporting Period will not exceed 200% of the policy premium. Once the premium has been paid, the Supplemental Extended Reporting Period cannot be cancelled and the premium can not be refunded. If this policy is cancelled for any reason prior to the end of the "policy period" no Basic Extended Reporting Period will apply and no Supplemental Extended Reporting Period may be purchased. All other terms of the policy remain unchanged. NAV-EXC-304(03/10) Navigators Specialty Insurance Company Page 2 of 2 Contains copyrighted material of the Insurance Services Office, Inc. with its permission. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - CYBER INJURY A. The following is added to SECTION I—COVERAGE, 2. Exclusions: This insurance does not apply to: 1. any liability arising out of"cyber injury;" or 2. any loss, cost or expense arising out of any: a. request, demand, order or statutory or regulatory requirement that any insured or others monitor, notify or in any way respond to an actual or alleged"cyber injury;' b. claim or suit by or on behalf of a governmental authority for damages because of monitoring, notifying or in any way responding to a "cyber injury"" incurred by you or others. B. The following are added to SECTION V—DEFINITIONS: 1. "Cyber injury" means any actual or suspected, intentional or unintentional breach of any data, software or hardware, wherever located, that results in: a. loss; destruction; disclosure; disruption; inspection; modification; recording; release; review; or use of"personal information;" b. inability to access any website or any electronic system; c. release, introduction or facilitation of any"malicious code;" d. forensic or investigative expenses; e. extortion or terrorism acts or threats; f. monitoring or notification costs or expenses; g. crisis management or public relations expenses; h. data or system recovery, repair, replacement or restoration expenses;or i. business interruption expenses. 2. "Malicious code" includes, but is not limited to any virus, Trojan horse, worm, spyware, logic bomb, adware, malware or other similar software program. 3. "Personal information" means any personal, or personally, identifiable, or identifying, information, as defined by federal, state or local laws, statutes or regulations. All other terms and conditions of the policy remain unchanged. NAV-EXC-5041 (01/15) Contains copyrighted material of the Page 1 of 1 Insurance Services Office, Inc. with its permission. COMMERCIAL EXCESS LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NUCLEAR ENERGY LIABILITY EXCLUSION This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS LIABILITY COVERAGE PART The following is added to SECTION I - COVERAGE, 2. Exclusions.: This insurance does not apply: 1 . to any liability: a. with respect to which an insured under the policy is also an insured under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association, Mutual Atomic Energy Liability Underwriters or Nuclear Insurance Association of Canada, or would be an insured under any such policy but for its termination upon exhaustion of its limit of liability; or b. resulting from the hazardous properties of nuclear material and with respect to which: 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. 2. to any liability resulting from the hazardous properties of nuclear material, if: a. the nuclear material is at any nuclear facility owned by or operated by or on behalf of an insured, or has been discharged or dispersed therefrom, b. the nuclear material is contained in spent fuel or waste at any time possessed, handled, used, processed, stored, transported or disposed of by or on behalf of an insured; or 3. to any liability arising 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 injury to or destruction of property at such nuclear facility. NAV-EXC-302 (7109) Navigators Specialty Insurance Company Page 1 of 2 Contains copyrighted material of the Insurance Services Office, Inc with its permission As used in this endorsement: 1. "hazardous properties" includes radioactive, toxic or explosive properties; 2. "nuclear material" means "source material," "special nuclear material' or "by-product material;" 3. "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; 4. "spent fuel" means any fuel element or fuel component, solid or liquid, which has been used or exposed to radiation in a nuclear reactor, 5. "waste" means any waste material: a. containing by-product material; and b. resulting from the operation by any person or organization of any nuclear facility included within the definition of nuclear facility under paragraph 6. below; 6. "nuclear facility" means: a. any nuclear reactor; b. any equipment or device designed or used for: L separating the isotopes of uranium or plutonium; ii. processing or utilizing spent fuel; or iii. handling, processing or packaging waste; C. any equipment or device used for the processing, fabricating or alloying of "nuclear material" if at any time the total amount of such material in the custody of the insured at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof, or more than 250 grams of uranium 235; d. any structure, basin, excavation, premises or place prepared or used for the storage or disposal of waste and includes the site on which any of the foregoing is located, all operations conducted on such site and all premises used for such operations; 7. "nuclear reactor" means any apparatus designed or used to sustain nuclear fission in a self-supporting chain reaction or to contain a critical mass of fissionable material; With respect to injury to or destruction of property, the word "injury" or "destruction" includes all forms of radioactive contamination of property. All other terms of the policy remain unchanged. NAV-EXC-302(7/09) Navigators Specialty Insurance Company Page 2 of 2 Contains copyrighted material of the Insurance Services Office, Inc. with its permission. COMMERCIAL EXCESS LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - CONDOS AND TOWNHOMES This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS LIABILITY COVERAGE PART A. The following is added to SECTION I — COVERAGE, 2. Exclusions: This insurance does not apply to: 1 . any liability arising out of any goods, materials or work provided or performed by or for any insured to or upon any "condominium or townhouse;" B. The following is added to SECTION V— DEFINITIONS: "Condominium or townhouse" means any property whose deed or Codes, Covenants and Restrictions describe the structure as a condominium or townhouse, including any unit that has been converted to a condominium or townhouse. All other terms of the policy remain unchanged. NAV-EXC-327 (10109) Navigators Specialty Insurance Company Page 1 of 1 Contains copyrighted material of the Insurance Services Office, Inc. with its permission COMMERCIAL EXCESS LIABILITY EXCLUSION - EXTERIOR INSULATION AND FINISH SYSTEM This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS LIABILITY COVERAGE PART A. The following is added to SECTION I - COVERAGE, 2. Exclusions: This insurance does not apply to: 1. arising out of: a. the design, manufacture, construction, fabrication, preparation, distribution, sale, installation, application, maintenance or repair, including remodeling, service, correction or replacement, of any "exterior insulation and finish system" or any part thereof, or any substantially similar system or any part thereof, including the application or use of conditioners, primers, accessories, flashings, coatings, caulking or sealants in connection with such a system; or b. "your product" or "your work" with respect to any exterior component, fixture or feature of any structure if an "exterior insulation and finish system," or any substantially similar system, is used on the part of that structure containing that component, fixture or feature; B. The following is added to the SECTION V - DEFINITIONS: "Exterior insulation and finish system" means an exterior cladding or finish system, and all component parts thereof, used on any part of any structure and consisting of: a. an insulation board; b. adhesive or mechanical fasteners used to attach the insulation board to a substrate; c. a base coat; d. a finish coat providing surface texture to which color may be added; and e. any flashing, caulking or sealant used with the system for any purpose. All other terms of the policy remain unchanged. NAV-EXC-311 (7109) Navigators Specialty Insurance Company Page 1 of 1 Contains copyrighted material of the Insurance Services Office, Inc. with its permission. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - NEW YORK A. The following is added to SECTION I — COVERAGE, 2. Exclusions: This insurance does not apply to any liability: 1 . arising out of your work or ongoing operations performed in New York State; All other terms of the policy remain unchanged. Navigators Specialty Insurance Company NAV-EXC-5027 (11/12) Page 1 of 1 Contains copyrighted material of the Insurance Services Office, Inc. with its permission COMMERCIAL EXCESS LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - REJECTED COVERAGE This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS LIABILITY COVERAGE PART A. The following is added to SECTION I -COVERAGE, 2. Exclusions: This insurance does not apply to any liability: 1. for which coverage was available on the "controlling underlying insurance" but which you did not purchase. All other terms of the policy remain unchanged. NAV-EXC-321 (7/09) Navigators Specialty Insurance Company Page 1 of 1 Contains copyrighted material of the Insurance Services Office, Inc. with its permission. COMMERCIAL UMBRELLA/EXCESS LIABILITY NAV-ECD-300(4/05) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SERVICE OF SUIT ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA LIABILITY COVERAGE PART COMMERCIAL EXCESS LIABILITY COVERAGE PART EXECUTIVE PERSONAL EXCESS PROTECTION In the event we fail to pay any amount due under this insurance, we will, at your request, submit to the jurisdiction of a court of competent jurisdiction within the United States of America. This does not constitute a waiver of our right to remove, remand, or transfer any such suit to any other court of competent jurisdiction in accordance with the applicable statutes of the state of United States. In any suit instituted against us, we will abide by the final decision of such court or of any appellate court in the event of an appeal. Service of process in such suit may be made upon the Superintendent, Commissioner or Director of Insurance or his successor or successors in office as their true and lawful attorney upon whom may be served any lawful process in any action, suit, or proceeding instituted by you or on your behalf. We designate the President of NIC Insurance Company, One Penn Plaza, 32nd Floor, New York, NY 10119, as the person to whom the Superintendent, Commissioner or Director of Insurance is authorized to mail such process, or a true copy thereof, in compliance with the applicable statutes governing said service of process in the state or jurisdiction in which a cause of action under this policy arises. All other terms of the policy remain unchanged. NAV-ECD-300(4/05) Navigators Specialty Insurance Company Page 1 of 1 Contains copyrighted material of the Insurance Services Office, Inc. with its permission COMMERCIAL EXCESS LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF CONDITIONS OTHER INSURANCE PRIMARY AND NON-CONTRIBUTING This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS LIABILITY COVERAGE PART SCHEDULE When required by written contract executed before the "loss." A. Section IV-Conditions, 9. Other Insurance is deleted and replaced by the following: 9. This insurance is excess over any other insurance available to the insured except: a. insurance that is purchased specifically to apply in excess of this policy; or b. insurance available to the person or organization shown in the Schedule of this endorsement as an additional insured on the"controlling underlying insurance." B. When this insurance applies on a primary and non-contributing basis, the Limits of Insurance available for the additional insured will be the lesser of: 1. the amounts shown in item 3 of the Declarations of this policy; or 2. the amount of insurance you are required to provide the additional insured in the written contract or agreement. All other terms of the policy remain unchanged. NAV-EXC-348A(01/11) Navigators Specialty Insurance Company Page 1 of 1 Contains copyrighted material of the Insurance Services Office, Inc. with its permission. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NON-CUMULATION OF LIMITS 1 ANTI-STACKING ENDORSEMENT The following is added to SECTION III — Limits of Insurance: If an "event" causes "loss" during this policy period and the policy period(s) of one or more prior or subsequent policies issued to you by us or a company affiliated with us, to which this insurance and those other policies apply, this policy's Each Occurrence Limit will be reduced by the amount of damages paid by us under those other policies. All other terms of the policy remain unchanged- NAV-ECD-361 (05/10) Navigators Specialty Insurance Company Page 1 of 1 Contains copyrighted material of the Insurance Services Office, Inc. with its permission. COMMERCIAL EXCESSIUMBRELLA LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT - SCHEDULE OF UNDERLYING This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS LIABILITY COVERAGE PART COMMERCIAL UMBRELLA LIABILITY COVERAGE PART Item 4. of the Declarations is amended as follows: The following is (!-:Added r Amended rsDeleted 4. Underlying Insurance: Coverage/Carrier/Policy Number Policy Term Limits Auto Liability West American Insurance Company 12/8/2016 to 12/8/2017 $1,000,000 Combined Single Limit BAW(17)57 05 28 03 General Liability (-�-Occurrence ( .,Claims Made First Mercury Insurance Company 10/1/2017 to 10/1/2018 $1,000,000 Each Occurrence CA-CGL-0000068025-02 $1,000,000 Personal and Advertising Injury-any one person or organization E] Per Project ❑ Per Location $2,000,000 General Aggregate $2,000,000 Product/CompOps Aggregate NAV-ECD-104(02/11) Navigators Specialty Insurance Company Page 1 of 2 Contains copyrighted material of the Insurance Services Office, Inc. with its permission. General Liability (vOccurrence (`+Claims Made National Fire and Marine Insurance 2/10/2017 to 2/10/2018 $1,000,000 Each Occurrence Company Not Covered - Personal and 12PRM035790-01 Advertising Injury-any one person or organization ❑ Per Project ❑ Per Location $2,000,000 General Aggregate Not Covered - Product/CompOps Aggregate Employers Liability State Compensation Insurance Fund 1/27/2017 to 1/27/2018 $1,000,000 BI by Accident- Each 9004719-16 Accident $1,000,000 BI by Disease - Each Employee $1,000,000 BI by Disease- Policy Limit Employee Benefits Liability ('Occurrence `Claims Made First Mercury Insurance Company Retroactive Date: 10/1/2015 $1,000,000 Each Employee CA-CGL-0000068025-02 10/1/2017 to 10/1/2018 $1,000,000 Aggregate All other terms of the policy remain unchanged NAV-ECD-104(02/11) Navigators Specialty Insurance Company Page 2 of 2 Contains copyrighted material of the Insurance Services Office, Inc.with its permission. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION OF CERTIFIED ACTS OF TERRORISM This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS LIABILITY COVERAGE PART A. The following exclusion is added to SECTION I — COVERAGE, 2. Exclusions: This insurance does not apply to any liability: 1 . for"loss" arising out of a "certified act of terrorism." B. The following is added to SECTION V - DEFINITIONS: "Certified act of terrorism" means an act that is certified by the Secretary of the Treasury, in accordance with the provisions of the federal Terrorism Risk Insurance Act, to be an act of terrorism pursuant to such Act. All other terms of the policy remain unchanged. NAV-EXC-401 (02/15) Contains copyrighted material of the Insurance Services Page 1 of 1 Office, Inc. with its permission. POLICY NUMBER: SF17EXC7256931C COMMERCIAL EXCESSIUMBRELLA LIABILITY ENDORSEMENT NUMBER: 01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT - FORMS AND ENDORSEMENTS Effective 10/10/2017, and in consideration of an additional premium of $0.00, the following is added: AMENDMENT - NAMED INSURED AND MAILING ADDRESS NAV-ECD-102 (02111) All other terms of the policy remain unchanged. NAV-ECD-101 (05/10) Navigators Specialty Insurance Company Page 1 of 1 Contains copyrighted material of the Insurance Services Office, Inc. with its permission. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT - NAMED INSURED AND MAILING ADDRESS Item 1. of the Declarations is amended as follows: Gleneagles Homes A California Corporation dba: Gary McDonald Homes; Tower Rentals, LLC 11861 N. Alicante Drive Fresno, CA 93730-8867 All other terms of the policy remain unchanged. NAV-ECD-102(02/11) Navigators Specialty Insurance Company Page 1 of 1 Contains copyrighted material of the Insurance Services Office, Inc. with its permission. (The Attaching Clause need be completed only when this endorsement is issued subsequent to preparation of the policy.) ENDORSEMENT This endorsement, effective on 10!1/2017 at 12:01 A.M. standard time,forms a part of (DATE) Policy No. CA-CGL-0000068025-02 of the First Mercury Insurance Company (NAME OF INSURANCE COMPANY) Issued to Gleneagles Homes A California Corporation *94�k By Coy2rX Slaecialtylnsurance Services California License No.0573926 Authorized Representative IT IS HEREBY UNDERSTOOD AND AGREED THAT THE NAMED INSURED SHALL READ AS FOLLOWS: Gleneagles Homes,A California Corporation(DBA)Gary McDonald Homes Gary McDonald Development Company Omega Developers,LLC Omega Developers II, LLC Country Club Development LLC Cooper River Ranch, LLC Copper Ridge Estate, LLC Country Club at the Fort, LLC Valley River Developers, LLC Copper River Ranch Villages,LLC Highland E, LLC Copper River Development Co., Inc. Omega RM,LLC Gary L.McDonald and Beverly A. McDonald,Trustees of the Gary L. McDonald and Beverly A.McDonald Living Trust Dates January 9,2004 GU 207(Ed.6-78) Page 1 of 1 POLICY NUMBER: SF17EXC7256931C COMMERCIAL EXCESS/UMBRELLA LIABILITY ENDORSEMENT NUMBER: 02 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT - FORMS AND ENDORSEMENTS Effective 12/08/2017, and in consideration of an additional premium of $0.00, the following is added: AMENDMENT-SCHEDULE OF UNDERLYING NAV-ECD-104(02/11) All other terms of the policy remain unchanged. NAV-ECD-101 (05/10) Navigators Specialty Insurance Company Page 1 of 1 Contains copyrighted material of the Insurance Services Office, Inc.with its permission. COMMERCIAL EXCESS/UMBRELLA LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT - SCHEDULE OF UNDERLYING This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS LIABILITY COVERAGE PART COMMERCIAL UMBRELLA LIABILITY COVERAGE PART Item 4. of the Declarations is amended as follows: The following is C Added (*Amended C'Deleted 4. Underlying Insurance: Coverage/Carrier/Policy Number Policy Term Limits Auto Liability West American Insurance Company 12/8/2017 to 12/8/2018 $1,000,000 Combined Single Limit BAW(18) 57 05 28 03 General Liability (e Occurrence C'Claims Made First Mercury Insurance Company 10/1/2017 to 10/1/2018 $1,000,000 Each Occurrence CA-CGL-0000068025-02 $1,000,000 Personal and Advertising Injury-any one person or organization ❑ Per Project ❑ Per Location $2,000,000 General Aggregate $2,000,000 Product/CompOps Aggregate NAV-ECD-104 (02/11) Navigators Specialty Insurance Company Page 1 of 2 Contains copyrighted material of the Insurance Services Office, Inc. with its permission. General Liability G Occurrence ( Claims Made National Fire and Marine Insurance 2/10/2017 to 2/10/2018 $1,000,000 Each Occurrence Company Not Covered -Personal and 12PRM035790-01 Advertising Injury-any one person or organization ❑ Per Project ❑ Per Location $2,000,000 General Aggregate Not Covered-Product/CompOps Aggregate Employers Liability State Compensation Insurance Fund 1/27/2017 to 1/27/2018 $1,000,000 BI by Accident- Each 9004719-16 Accident $1,000,000 BI by Disease- Each Employee $1,000,000 BI by Disease - Policy Limit Employee Benefits Liability C'Occurrence Claims Made First Mercury Insurance Company Retroactive Date: 10/1/2015 $1,000,000 Each Employee CA-CGL-0000068025-02 10/1/2017 to 10/1/2018 $1,000,000 Aggregate All other terms of the policy remain unchanged. NAV-ECD-104 (02/11) Navigators Specialty Insurance Company Page 2 of 2 Contains copyrighted material of the Insurance Services Office, Inc. with its permission. Subdivision Agreement Final Map of Tract No. 6135 Page 9 Agreement. At the time of the City's partial acceptance,the City and Subdivider shall enter into an amendment to this Agreement reducing the Performance Security to an amount consistent with the requirements of Resolution No. 2008-100 required by this Agreement. The City shall not release any of the original Performance Security or execute the Amendment to this Agreement until such time as the Subdivider has provided the Performance Security required by the Amendment. 6. Any damage to the work and improvements constructed pursuant to this agreement that occurs after installation shall be made good to the satisfaction of the City Engineer by the Subdivider before any securities are released or the final acceptance of the completed work. 7. The Subdivider shall remedy any defective work or labor or any defective materials relating to the Improvements and pay for any damage to other work or improvements resulting therefrom which shall occur within a period of one (1) year from the date of acceptance of the Improvements. 8. To insure the Subdivider complies with its obligations set forth in paragraph 7, on acceptance of the required work by the City Engineer, a warranty security shall be furnished to or existing securities retained by the City, in the minimum amount identified in said Exhibit A, as a guarantee and warranty of the work for a period of one (1) year following acceptance against any defective work or labor done or defective materials furnished. In accordance with Section 15-3806 of the Fresno Municipal Code, said warranty security shall be in the form of cash or a Certificate of Deposit. The warranty security shall be released, less any amount required to be used for fulfillment of the warranty, one (1) year after final acceptance of the subdivision Improvements. 9. This Agreement shall in no way be construed as a grant by the City of any rights to the Subdivider to trespass upon land rightfully in the possession of, or owned by, another, whether such land be privately or publicly owned. 10. Indemnification. a. To the furthest extent allowed by law, Subdivider shall indemnify, hold Subdivision Agreement Final Map of Tract No. 6135 Page 10 harmless and defend City and each of its officers, officials, employees, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract,tort or strict liability, including but not limited to personal injury,death at any time and property damage) incurred by City, Subdivider or any other person, and from any and all claims,demands and actions in law or equity(including attorney's fees, litigation and legal expenses incurred by City or held to be the liability of City, including plaintiffs or petitioner's attorney's fees if awarded, in connection with City's defense of its actions in any proceeding), arising or alleged to have arisen directly or indirectly out of performance or in any way connected with: (i) the making of this Agreement; (ii) the performance of this Agreement; (iii)the performance or installation of the work or improvements by Subdivider and Subdivider's employees,officers,agents, contractors or subcontractors;(iv)the design, installation, operation, removal or maintenance of the work and improvements; or(v)City's granting, issuing or approving use of this Agreement. b. Subdivider's obligations under the preceding sentence shall apply regardless of whether City or any of its officers, officials, employees or agents are negligent, but shall not apply to any loss, liability,fines, penalties,forfeitures,costs or damages caused solely by the gross negligence, or caused by the willful misconduct, of City or any of its officers, officials, employees, agents or authorized volunteers. C. If Subdivider should subcontract all or any portion of the work to be performed under this Agreement, Subdivider shall require each subcontractor to indemnify, hold harmless and defend City and each of its officers, officials, employees, agents and volunteers in accordance with the terms of paragraphs "a" and "b" of this Section. Notwithstanding the preceding sentence, any subcontractor who is a"design professional" as defined in Section 2782.8 of the California Civil Code shall, in lieu of indemnity requirements set forth in paragraphs "a" and "b" of this Section, be required to indemnify, hold harmless and defend City and each of its officers, officials, employees, agents and volunteers to the furthest extent allowed by law, from any and all loss, liability, fines, penalties,forfeitures, costs and damages(whether in contract,tort or strict liability,including but not limited to personal injury,death at any time and property damage),and from any and all claims, demands and actions in law or equity(including reasonable attorney's fees and litigation expenses)that arise out of, pertain to, or relate to the negligence, recklessness or willful misconduct of the design professional, its principals, officers, employees, agents or volunteers in the performance of this Agreement. d. Subdivider further agrees that the use for any purpose and by any person of any and all of the streets and improvements hereinbefore specified, shall be at the sole and Subdivision Agreement Final Map of Tract No. 6135 Page 11 exclusive risk of Subdivider at all times prior to final acceptance by City of the completed street and other improvements thereon and therein. e. This Section shall survive termination or expiration of this Agreement. 11. InSUrance. Throughout the life of this Agreement, Subdivider shall pay for and maintain in full force and effect all policies of insurance described in this Section with an insurance company(ies) either (i) admitted by the California Insurance Commissioner to do business in the State of California and rated not less than"A-VII"in Best's Insurance Rating Guide,or(ii)authorized by City's Risk Manager. The following policies of insurance are required: a. COMMERCIAL GENERAL LIABILITY insurance, which shall be at least as broad as the most current version of Insurance Services Office(ISO) Commercial General Liability Coverage Form CG 00 01 and shall include insurance for bodily injury, property damage, and personal and advertising injury with coverage for premises and operations (including the use of owned and non-owned equipment), products and completed operations, contractual liability(including indemnity obligations underthis Agreement),with limits of liability of not less than $5,000,000 per occurrence for bodily injury and property damage, $1,000,000 per occurrence for personal and advertising injury and $5,000,000 aggregate for products and completed operations, and $10,000,000 general aggregate. b. COMMERCIAL AUTOMOBILE LIABILITY insurance,which shall be at least as broad as the most current version of Insurance Services Office (ISO) Business Auto Coverage Form CA 00 01 and shall include coverage for all owned, hired, and non-owned automobiles or other licensed vehicles (Code 1-Any Auto), with combined single limits of liability of not less than $1,000,000 per accident for bodily injury and property damage. C. WORKERS' COMPENSATION insurance as required under the California Labor Code. d. EMPLOYERS' LIABILITY with minimum limits of liability of not less than $1,000,000 each accident, $1,000,000 disease policy limit and $1,000,000 disease each employee. Subdivider shall be responsible for payment of any deductibles contained in any insurance policies required hereunder and Subdivider shall also be responsible for payment of any self-insured Subdivision Agreement Final Map of Tract No. 6135 Page 12 retentions. The above described policies of insurance shall be endorsed to provide an unrestricted 30 calendar day written notice in favor of City of policy cancellation of coverage,except for the Workers' Compensation policy which shall provide a 10 calendar day written notice of such cancellation of coverage. In the event any policies are due to expire during the term of this Agreement, Subdivider shall provide a new certificate evidencing renewal of such policy(ies) not less than 15 calendar days prior to the expiration date of the expiring policy(ies). Upon issuance by the insurer, broker,or agent of a notice of cancellation in coverage, Subdivider shall file with City a new certificate and all applicable endorsements for such policy(ies). The General Liability and Automobile Liability insurance policies shall be written on an occurrence form and shall name City, its officers, officials,agents, employees and volunteers as an additional insured. Such policy(ies)of insurance shall be endorsed so Subdivider's insurance shall be primary and no contribution shall be required of City. In the event claims-made forms are used for any Professional Liability coverage,either(i)the policy(ies)shall be endorsed to provide not less than a five(5)year discovery period, or(ii)the coverage shall be maintained for a minimum of five (5)years following the termination of this Agreement and the requirements of this Section relating to such coverage shall survive termination or expiration of this Agreement. Any Workers' Compensation insurance policy shall contain a waiver of subrogation as to City,its officers,officials, agents, employees and volunteers. Subdivider shall have furnished City with the certificate(s) and applicable endorsements for ALL required insurance prior to City's execution of the Agreement. Subdivider shall furnish City with copies of the actual policies upon the request of City's Risk Manager at any time during the life of the Agreement or any extension, and this requirement shall survive termination or expiration of this Agreement. The fact that insurance is obtained by Subdivider or his/her/its subcontractors shall not be deemed to release or diminish the liability of Subdivider or his/her/its subcontractors including Subdivision Agreement Final Map of Tract No. 6135 Page 13 without limitation, liability under the indemnity provisions of this Agreement. The duty to indemnify City, its officers, officials, agents, employees and volunteers, shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Subdivider or his/her/its subcontractors. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of Subdivider, its principals, officers, agents, employees, persons under the supervision of Subdivider, vendors, suppliers, invitees, subcontractors, consultants or anyone employed directly or indirectly by any of them. If at any time during the life of the Agreement or any extension, Subdivider fails to maintain the required insurance in full force and effect, the Director of Public Works for the City, or his/her designee, may order that the Subdivider, or its contractors or subcontractors, immediately discontinue any further work under this Agreement and take all necessary actions to secure the work site to insure that public health and safety is protected. All payments due or that become due to Subdivider shall be withheld until notice is received by City that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to City. Any failure to maintain the required insurance shall be sufficient cause for City to terminate this Agreement. If Subdivider should subcontract all or any portion of the services to be performed under this Agreement, Subdivider shall require each subcontractor to provide insurance protection in favor of City, its officers,officials,employees,volunteers and agents in accordance with the terms of each of the preceding paragraphs,except that the subcontractors'certificates and endorsements shall be on file with Subdivider and City prior to the commencement of any work by the subcontractor. 12. The Subdivider and his subcontractors shall pay for any materials, provisions, and other supplies used in, upon, for, or about the performance of the Improvements contracted to be done, and for any work or labor thereon of any kind,and for amounts due under the Unemployment Insurance Act of the State of California, with respect to such work or labor. 13. Compaction and other materials testing performed for determination of compliance Subdivision Agreement Final Map of Tract No. 6135 Page 14 with Public Works Standards shall conform to Section 2-11 of the City Standard Specifications, entitled"Materials Acceptance Testing." Materials testing shall at all times remain under the review of the City Engineer who may determine additional test procedures, and additional locations to be tested. All materials testing for improvement work within the public easements and rights-of-way shall be ordered and paid for by the Subdivider. 14. The Subdivider shall comply with Street, Plumbing, Building,Electrical,Zoning Codes and any other codes or ordinances of the City. 15. It shall be the responsibility of the Subdivider to coordinate all work done by his contractors and subcontractors, such as scheduling the sequence of operations and the determination of liability if one operation delays another. In no case shall representatives of the City be placed in the position of making decisions that are the responsibility of the Subdivider. It shall further be the responsibility of the Subdivider to give the City Engineer written notice not less than two (2)working days in advance of the actual date on which work is to be started. Failure on the part of the Subdivider to notify the City Engineer may cause delay for which the Subdivider shall be solely responsible. 16. Whenever the Subdivider varies the period during which work is carried on each day, it shall give due notice to the City Engineer so that proper inspection may be provided. If Subdivider fails to duly notify City as herein required, any work done in the absence of the City Engineer will be subject to rejection. The inspection of the Improvements shall not relieve the Subdivider of any obligation to fulfill the Agreement as prescribed. Defective work shall be made good,and unsuitable materials may be rejected, notwithstanding the fact that such defective work and unsuitable materials have been previously overlooked by the City Engineer or City Inspector and accepted. 17. Adequate dust control shall be maintained by the Subdivider on all streets within and without the subdivision on which work is required to be done under this Agreement from the time work is first commenced in the subdivision until the paving of the streets is completed. "Adequate dust control" as used herein shall mean the sprinkling of the streets with water or the laying of an