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Insurance Certificates 2023/25 TrackerAte, RL7® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 06/22/2024 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 AP INTEGO INSURANCE GROUP LLC 1601 TRAPELO RD STE 280 WALTHAM, MA 02451 (866) 890-9965 CONTACT NAME: (A/C,, No, Ext): (866) 890-9965 I FAX No): (888) 733-5112 E-MAIL ADDRESS: travelersselectpayrollservices@travelers.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA EACH OCCURRENCE INSURED C2, LLC PO BOX 2505 CORNELIUS, NC 28031 INSURER B : INSURER C : INSURERD: INSURER E : $ INSURER F : CLAIMS -MADE OCCUR COVERAGES CERTIFICATE NUMBER: 918711523501371 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES (Ea occurrenc $ CLAIMS -MADE OCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRO - POLICY JECT LOC OTHER: PRODUCTS - COMP/OP AGG $ $ AUTOMOBILE LIABILITY ANY AUTO AWNED AUTOS ONLY HIRED AUTOS ONLY — AUTOS NON -OWNED AUTOS ONLY COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ UMBRELLA LIAB EXCESS LIAB _ OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED RETENTION $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y/N N/A X UB -9P738371-24 07/06/2024 07/06/2025 X STATUTE EOTH E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1 ,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AS RESPECTS TO WORKERS COMPENSATION COVERAGE, WC 04 03 06 01, WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS - CALIFORNIA HAS BEEN ATTACHED TO THE POLICY IN REGARD TO CITY OF LA QUINTA. CERTIFICATE HOLDER CANCELLATION CITY OF LA QUINTA 78-495 CALLE TAMPICO LA QUINTA, CA 92253 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ReKaw M. 6e ifraw ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD TRAVELERSJ ONE TOWER SQUARE HARTFORD CT 06183 WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 04 03 06 (01) — 001 POLICY NUMBER: US -9P738371 -24-42-G WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. THE ADDITIONAL PREMIUM FOR THIS ENDORSEMENT SHALL BE 5.00% OF THE CALIFORNIA WORKERS' COMPENSATION PREMIUM OTHERWISE DUE ON SUCH REMUNERATION. PERSON OR ORGANIZATION CITY OF LA QUINTA DATE OF ISSUE: 06-22-24 SCHEDULE JOB DESCRIPTION SOFTWARE INSTALL ST ASSIGN: Page 1 of C2LLC00-01 RCARLSON '4c comb CERTIFICATE OF LIABILITY INSURANCE 4.......----7 DATD/YYYY) 7/2/2/2/2024 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 AP Intego Insurance Group, LLC 1601 Trapelo Rd Suite 280 Waltham, MA 02451 CONTACT NAME: PHONE FAX (A/C, No, Ext): (A/C, No): ADDRESS: support@apintego.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : Hartford Underwriters Insurance Company 30104 INSURED C2, LLC PO BOX 2505 CORNELIUS, NC 28031 INSURER B ; Travelers Property Casualty Company Of America 25674 INSURER C : 11/10/2024 INSURER D : $ 1,000,000 INSURER E : INSURER F : X 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 POLIC ES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR W VD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY 76SBUAJ3T2S 11/10/2023 11/10/2024 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE X OCCURX PREMI ISET((EaRENTEDoccurrence) PREMISES $ 1,000,000 $ 10,000 MED EXP (Any one person) PERSONAL & ADV INJURY $ 1,000,000 GE 'L AGGREGATE POLICY OTHER: LIMIT APPLIES PRX JECTO PER: LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 $ AUTOMOBILECOMBINED LIABILITY ANY AUTO OWNED AUTOS ONLY AUTOS ONLY SCHEDULED AUTOS NON -OWNED UUO SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY )AMAGE (Per accident) $ $ UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED RETENTION $ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N N / A UB9P738371 7/6/2024 7/6/2025 X PER STATUTE OTH- ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The City of La Quita, California is an additional insured per the ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION Form SL30421018, attached to this policy. Coverage is primary and noncontributory per the Business Liability Coverage Form SL0000, attached to this policy. CERTIFICATE HOLDER CANCELLATION The Cityof La Quita, California 78495 Calle Tampico La Quinta, CA 92253 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD THE HARTFORD Policy Change: Business Owner's Policy Policy Number: 76 SBU AJ3T2S Policy Period: 11/10/2023 to 11/10/2024 Named Insured and Mailing Address: C2, LLC, PO BOX 2505, CORNELIUS, NC 28031-2505 Policy Change Number: 002 Policy Change Effective Date: 05/01/2024, Effective hour is the same as stated in the Declarations Page of the Policy. Coverage Parts Affected: Liability Common Insurer: Hartford Underwriters Insurance Company, a property and casualty company of The Hartford Hartford Fire Insurance Company, a property and casualty company of The Hartford One Hartford Plaza, Hartford, CT 06155 Name of Agent/Broker: AP INTEGO INSURANCE GROUP LLC 375 WOODCLIFF DRIVE STE 103 FAIRPORT, NY 14450 Code: 76250846 This is NOT a bill. However, any changes in your premium will be reflected in your next billing statement. You will receive a separate bill from The Hartford. If you are enrolled in repetitive EFT draws from your bank account, changes in premium will change future draw amounts. As a result of the changes described herein, there is a return premium in the amount of: $642 `Price is subject to fees and surcharges Countersigned by: 06/20/2024 Authorized Representative Date Form SC 00 06 10 18 Page 1 of 2 Process Date: 06/20/2024 © 2018, The Hartford Policy Expiration Date: 11/10/2024 (May include copyrighted material of Insurance Services Office, Inc., with its permission) THE HARTFORD Policy Change: Business Owner's Policy FailSafe Technology Errors or Omissions Liability has been revised. Limit changed from $2,000,000/2,000,000 to $1,000,000/1,000,000. The following Additional Insured has been added as an Additional Insured - Designated Person or Organization. Additional Insured Name: The City Of La Quinta, California , 78495 CALLE TAMPICO, LA QUINTA, CA 92253-2839 Policy is amended to add the following Endorsement Forms reflecting the changes made to your policy. FORM NUMBER FORM NAME COVERAGE PART SL 30 42 10 18 ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION Liability Policy is amended to revise the following Endorsement Forms reflecting the changes made to your policy. FORM NUMBER FORM NAME COVERAGE PART SC 00 02 10 18 SC 00 06 10 18 SPECTRUM SUPPLEMENTAL SCHEDULE OF AUDITABLE COVERAGES POLICY CHANGE Premium associated with this Policy Change has pro rata factor 0.527. Common Common Form SC 00 06 10 18 Page 2 of 2 Process Date: 06/20/2024 © 2018, The Hartford Policy Expiration Date: 11/10/2024 (May include copyrighted material of Insurance Services Office, Inc., with its permission) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THE HARTFORD ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: BUSINESS LIABILITY COVERAGE FORM Except as otherwise stated in this endorsement, the terms and conditions of the Policy apply. A. The following is added to Section C. WHO IS AN INSURED: Designated Person Or Organization a. The person(s) or organization(s) shown in the Declarations as Additional Insured — Designated Person Or Organization is also an additional insured, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (1) In the performance of your ongoing operations; or (2) In connection with your premises owned by or rented to you. b. If coverage provided to these additional insureds is required by a written contract or written agreement, or when required by a written permit issued by a state or governmental agency or subdivision or political subdivision, the insurance afforded to these additional insureds will not be broader than that which you are required by the contract, agreement, or permit to provide for these additional insureds. c. The insurance afforded to these additional insureds only applies to the extent permitted by law. B. With respect to the insurance afforded such additional insured(s) by this endorsement, the following additional exclusion is added to Section B. EXCLUSIONS: This insurance does not apply to "bodily injury" or "property damage" included within the "products -completed operations hazard". Form SL 30 42 10 18 Page 1 of 1 © 2018, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED BY CONTRACT This endorsement modifies insurance provided under the following: BUSINESS LIABILITY COVERAGE FORM Except as otherwise stated in this endorsement, the terms and conditions of the Policy apply. THE HARTFORD A. The following is added to Section C. WHO IS AN INSURED: Additional Insureds When Required By Written Contract, Written Agreement Or Permit The person(s) or organization(s) identified in Paragraphs a. through f. below are additional insureds when you have agreed, in a written contract or written agreement, or when required by a written permit issued by a state or governmental agency or subdivision or political subdivision that such person or organization be added as an additional insured on your Coverage Part, provided the injury or damage occurs subsequent to the execution of the contract or agreement, or the issuance of the permit. A person or organization is an additional insured under this provision only for that period of time required by the contract, agreement or permit. However, no such person or organization is an additional insured under this provision if such person or organization is included as an additional insured by any other endorsement issued by us and made a part of this Coverage Part. The insurance afforded to such additional insured will not be broader than that which you are required by the contract, agreement, or permit to provide for such additional insured. The insurance afforded to such additional insured only applies to the extent permitted by law. The limits of insurance that apply to additional insureds are described in Section D. LIABILITY AND MEDICAL EXPENSES LIMITS OF INSURANCE. How this insurance applies when other insurance is available to an additional insured is described in the Other Insurance Condition in Section E. LIABILITY AND MEDICAL EXPENSES GENERAL CONDITIONS. a. Vendors Any person(s) or organization(s) (referred to below as vendor), but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business and only if this Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products -completed operations hazard". (1) The insurance afforded to the vendor is subject to the following additional exclusions: This insurance does not apply to: (a) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (b) Any express warranty unauthorized by you; (c) Any physical or chemical change in the product made intentionally by the vendor; (d) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (e) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (f) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; Form SL 30 32 06 21 Page 1 of 3 © 2021, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) (2) Premises Rented To You That is fire, lightning or explosion insurance for premises rented to you or temporarily occupied by you with permission of the owner; Tenant Liability That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or temporarily occupied by you with permission of the owner; (4) Aircraft, Auto Or Watercraft If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Section B. Exclusions. Property Damage To Borrowed Equipment Or Use Of Elevators If the loss arises out of "property damage" to borrowed equipment or the use of elevators to the extent not subject to Exclusion k. of Section B. Exclusions. (6) When You Are Added As An Additional Insured To Other Insurance That is other insurance available to you covering liability for damages arising out of the premises or operations, or products and completed operations, for which you have been added as an additional insured by that insurance; or When You Add Others As An Additional Insured To This Insurance That is other insurance available to an additional insured. However, the following provisions apply to other insurance available to any person or organization who is an additional insured under this Coverage Part: (a) Primary Insurance When Required By Contract This insurance is primary if you have agreed in a written contract, written agreement or permit that this insurance be primary. If other insurance is also primary, we will share with all that other insurance by the method described in c. below. (b) Primary And Non -Contributory To Other Insurance When Required By Contract If you have agreed in a written contract, written agreement or permit that this insurance is primary and non-contributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other insurance. Paragraphs (a) and (b) do not apply to other insurance to which the additional insured has been added as an additional insured. When this insurance is excess, we will have no duty under this Coverage Part to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self-insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Method Of Sharing If all the other insurance permits contribution by equal shares, we will follow this method also. Under this approach, each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. (3) THE HARTFORD (5) (7) Form SL 00 00 10 18 Page 17 of 22 © 2018, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) THE HARTFORD THE HARTFORD BUSINESS SERVICE CENTER 3600 WISEMAN BLVD SAN ANTONIO TX 78251 The City Of La Quinta, California 78495 CALLE TAMPICO LA QUINTA CA 92253-2839 Account Information: Policy Holder Details : C2, LLC June 20, 2024 U Contact Us Need Help? Chat online or call us at (866) 467-8730. We're here Monday - Friday. Enclosed please find a Certificate Of Insurance for the above referenced Policyholder. Please contact us if you have any questions or concerns. Sincerely, Your Hartford Service Team WLTR005 ,4 C7CD4Z1-3. -. CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 06/20/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATIONIS 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 AP INTEGO INSURANCE GROUP LLC 76250846 375 WOODCLIFF DRIVE STE 103 FAIRPORT NY 14450 CONTACT NAME: PHONE (888)289-2939 (A/C, No, Ext): FAX (A/C, No): E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC# INSURER A: Hartford Underwriters Insurance Company 30104 INSURED C2, LLC PO BOX 2505 CORNELIUS NC 28031-2505 INSURER B : Hartford Fire Insurance Company 19682 INSURER C : INSURER D : 11/10/2023 INSURER E : EACH OCCURRENCE 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 LTR TYPE OF INSURANCE ADDL INSR SUER WVD POLICY NUMBER POLICY EFF IMM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS A COMMERCIAL GENERAL X LIABILITY OCCUR 76 SBU AJ3T2S 11/10/2023 11/10/2024 EACH OCCURRENCE $1,000,000 CLAIMS -MADE DAMAGE TO RENTED PREMISES (Ea occurrence) $1,000,000 X General Liability MED EXP (Any one person) $10,000 PERSONAL &ADV INJURY $1,000,000 GEN'L X AGGREGATE POLICY OTHER: LIMIT APPLIES PRO- JECT PER: LOC GENERAL AGGREGATE $2,000,000 PRODUCTS - COMP/OP AGG $2,000,000 AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS SCHEDULED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS- MADE EACH OCCURRENCE AGGREGATE DED RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY YIN PROPRIETOR/PARTNER/EXECUTIVE — OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N/ A PER OTH- STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE -EA EMPLOYEE E.L. DISEASE - POLICY LIMIT B FailSafe Technology Errors or Omissions Liability 76 SBU AJ3T2S 11/10/2023 11/10/2024 Each Wrongful Act Aggregate Limit $1,000,000 $2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Those usual to the Insured's Operations. CERTIFICATE HOLDER CANCELLATION The City Of La Quinta, California 78495 CALLE TAMPICO LA QUINTA CA 92253-2839 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD "ACT[ l,cl3 AGENCY CUSTOMER ID: LOC#: ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY AP INTEGO INSURANCE GROUP LLC NAMED INSURED C2, LLC PO BOX 2505 CORNELIUS NC 28031-2505 POLICY NUMBER SEE ACORD 25 CARRIER SEE ACORD 25 NAIC CODE EFFECTIVE DATE: SEE ACORD 25 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM FORM NUMBER: ACORD 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE The City Of La Quinta, California is an additional insured per the ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION Form SL30421018, attached to this policy. Coverage is primary and noncontributory per the Business Liability Coverage Form SL0000, attached to this policy. ACORD 101 (2014/01) © 2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD FailSafe® G I G A enterprise I ia b i I i t y Declarations Page Hartford Fire Insurance Company One Hartford Plaza, Hartford, CT 06155 A stock insurance company, herein called the Insurer THIS POLICY CONTAINS CLAIMS MADE COVERAGE, WHICH MEANS THAT CLAIMS MUST BE FIRST MADE DURING THE POLICY PERIOD. ALSO, COVERED CLAIM EXPENSES PAYABLE UNDER THE POLICY REDUCE AND MAY COMPLETELY EXHAUST THE LIMITS OF LIABILITY. PLEASE READ THE POLICY CAREFULLY AND DISCUSS IT WITH YOUR AGENT OR BROKER. Policy Number 76 SBU AJ3T2S Policy Change Number 001 1. Named Insured C2, LLC Address PO BOX 2505, CORNELIUS, NC, 28031-2505 2. Policy Period Start Date 05/01/2024 End Date 11/10/2024 at 12:01 a.m. standard time at the address shown in item 1 above 3. Retroactive Date 05/01/2024 If the space above is left blank, coverage does not apply to any wrongful act committed before the Start Date stated in item 2 above. 4. Limits of Liability Each Wrongful Act Limit $2,000,000 Aggregate Limit $2,000,000 5. Retention Each Wrongful Act $10,000 6. Premium $1,667 7. Forms and Endorsements: This Declarations page, the policy and endorsements listed below and all changes later added to the policy by us in written endorsements constitute the entire insurance policy: RN 45 U001 00 0806 HR 32 H001 00 0604 FS 00 G002 00 1016 FS 00 H357 00 1016 FS 00 H033 00 0918 FS 00 G003 00 1016 FS 00 H008 00 1016 FS 00 G007 00 1016 FS 00 H362 00 1016 FS 00 H137 00 1016 HG 00 H129 00 1016 FS 00 H902 00 0919 FS 00 H141 00 1016 FS 32 H004 00 1016 FS 00 H342 00 1016 FS 00 H026 00 1016 FS 00 G002 00 1016 FailSafe GIGA° Release 4.0 Page 1 of 2 2-50002 © 2016, The Hartford 8. Producer Name AP INTEGO INSURANCE GROUP LLC Address 375 WOODCLIFF DRIVE STE 103 FAIRPORT, NY 14450 ��, ofC�&.. 06/20/2024 Countersignature Date Authorized Representative FS 00 G002 00 1016 FailSafe GIGA® Release 4.0 Page 2 of 2 © 2016, The Hartford THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THE HARTFORD SPECTRUM SUPPLEMENTAL SCHEDULE OF AUDITABLE COVERAGES This schedule reflects only those classes and/or coverages that are subject to audit. POLICY NUMBER: 76 SBU AJ3T2S Revised: 06/20/2024 Entries herein, except as specifically provided elsewhere in this policy, do not modify any of the other provisions of this policy. Auditable Coverage Description: LOC 1, BLDG 1: 106 LANGTREE VILLAGE DRIVE SUITEMOORESVILLE,NC 28117 Class Code: 11171 Class Code Description: Software, Internet, Application & Web Design Coverage Description Rating Basis Exposure Final Rate Liability and Med Exp (Premises/Completed Operations) Sales 1,100,000 0.006000 Products - Completed Operations Sales 1,100,000 0.006000 Liability and Med Exp (Premises/Completed Operations) Sales 795,000 0.006000 Products - Completed Operations Sales 795,000 0.006000 LOC 1, BLDG 1: 106 LANGTREE VILLAGE DRIVE SUITEMOORESVILLE,NC 28117 Class Code: 11171 Class Code Description: Software, Internet, Application & Web Design Coverage Description Rating Basis Exposure Final Rate Liability and Med Exp (Premises/Completed Operations) Sales 1,100,000 0.006000 Products - Completed Operations Sales 1,100,000 0.006000 Liability and Med Exp (Premises/Completed Operations) Sales 795,000 0.006000 Products - Completed Operations Sales 795,000 0.006000 Form SC 00 02 10 18 Process Date: 06/20/2024 © 2018, The Hartford Policy Expiration Date: 11/10/2024 (May include copyrighted material of Insurance Services Office, Inc., with its permission) Page 1 of 1 THE HARTFORD FailSafe® G 1 G A enterprise l i a b il i ty This is a claims first made policy. Please read it carefully and contact your agent or broker if you have any questions. Your policy applies only to claims when: the wrongful act occurs on or after the applicable Retroactive Date and before the end of the policy period, and the claim is first made against any of you during the policy period and you use your best efforts to report such claim to us in writing as soon as practicable in accordance with the terms of this policy. Covered claim expenses and damages within the Retention amount must be paid by you and do not reduce the Limits of Liability. Covered claim expenses and damages above the Retention amount are payable under this policy and reduce the Limits of Liability. Some provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and what is not covered. The words "we," "us" and `bur" refer to the stock insurance company member of THE HARTFORD shown on the Declarations Page of this policy. The words "you" and "your" mean any person or entity described under the definition of "you or your" in Section II — Definitions. All other words and phrases that appear in bold type are defined in Section 11 — Definitions. In return for payment of the premium, and subject to all of the terms and conditions of this policy, including those changed, added or deleted by endorsements that we issue forming a part of this policy, we agree with you as follows: FS 00 G003 00 1016 FailSafe GIGA° Release 4.0 Page 1 of 20 2-50002 © 2016, The Hartford Section 1— Coverage A. Insuring Agreement We will pay on your behalf money in excess of the Retention that you become legally required to pay as damages and claim expenses because of a claim caused by a(n): Professional Liability 1. professional services wrongful act; Data Privacy and Network Security Liability 2. data privacy wrongful act, including the actual or alleged failure to comply with your written and publicly available policies, procedures, and standards for the collection, use and disclosure of nonpublic personal information; 3. actual or alleged failure to provide any required notices in connection with any part of a data privacy wrongful act; or 4. network wrongful act. B. Defense 1. For all covered claims made in the United States of America, its territories and possessions, Puerto Rico or Canada, we have the right and duty to defend you. We have the right to appoint counsel. We may investigate any claim as we deem appropriate. 2. For all covered claims made outside the United States of America, its territories and possessions, Puerto Rico or Canada, we have the right but not the duty to defend you, appoint counsel and investigate. If we choose not to defend, appoint counsel and investigate such a claim, the first named insured under our supervision will arrange for investigation and defense of the claim as reasonably appropriate. Subject to the Limits of Liability, we will reimburse the first named insured for paying damages or claim expenses for covered claims. 3. The following terms apply to all covered claims, wherever they are made: a. You will not settle any claim without our prior written consent, even if the claim is less than the amount of the Retention. We have the right to settle all claims, wherever made, unless we receive a written objection from the first named insured before we agree to a settlement. The first named insured will be notified before we agree to a settlement. If the first named insured objects to a settlement recommended by us and acceptable to the claimant, then our duty to pay will be limited to: (1) the amount of damages for which the claim could have been settled; plus (2) all claim expenses incurred and paid or payable by us or the first named insured at the time we made our recommendation; plus (3) fifty percent (50%) of all covered damages and claim expenses incurred and paid or payable by us or the first named insured after the time we made our recommendation. If the total of these amounts falls within your Retention, we will have no duty to pay damages and claim expenses on that claim. In no event will we be obligated to pay more than the remaining applicable Limit of Liability determined under Section V — Limits of Liability and Retention. In claims where the first named insured has objected to a settlement recommended by us, we have the right to stop defending and paying claim expenses upon tendering control of the defense to you. b. We have the right to exercise all of your rights in choosing arbitrators and in conducting all arbitrations. c. Our right and duty to defend claims and to pay or reimburse for claim expenses will end when we have used up the applicable Limit of Liability by paying damages and/or claim expenses. FS 00 G003 00 1016 FailSafe GIGA° Release 4.0 Page 2 of 20 2-50002 © 2016, The Hartford 4. At our discretion, and with your consent, we may pay early intervention costs incurred to investigate a wrongful act reported to us that may result in a claim. Such costs may be paid during the time between when such wrongful act is reported and the time a claim is made to us, per Section VII — Conditions, Duties in the Event of a Wrongful Act or Claim, and will reduce the Limits of Liability. Should such early intervention costs be incurred for what becomes an actual claim, such intervention costs will be deemed claims expenses, and therefore, subject to your Retention obligation. C. When We Insure This policy applies to a wrongful act only if all the terms in 1 through 3 below are met: 1. the wrongful act was committed on or after the applicable Retroactive Date shown in the Declarations and before the end of the policy period; 2. before the Start Date of this policy shown in the Declarations, no specified insured knew of or should have reasonably known of: a. a wrongful act; or b. any fact(s) or circumstance(s) which could reasonably be expected to result in a claim; and 3. the claim because of the wrongful act is: a. first made against any of you during the policy period; and b. reported to us in writing by you using your best efforts to notify us as soon as practicable after any specified insured becomes aware of it. All claims arising from the same wrongful act are considered to be one claim. A claim is deemed first made when the earliest of the following occurs: any of you receive written notice of such claim; or subject to the Section VII — Conditions, Duties in the Event of Wrongful Act or Claim, we receive from you or your agent written notice of the wrongful act, which later results in a claim. A claim is deemed reported to us when we first receive it in writing. Section 11 — Definitions • actual income loss means the net profit before taxes that you would have earned or incurred during the period of restoration had there not been a network outage. Actual income loss will be calculated on an hourly basis and limited to the period of restoration. • business interruption loss means the sum of actual income loss and extra expense resulting from a network outage. business interruption loss does not include any: 1. contractual liability or the value of, or associated with, any cancelled contract, including but not limited to any sums due pursuant to a contractual provision for liquidated damages, agreed penalties, or similar remedy; 2. costs or expenses incurred to update, replace, restore, or improve the computer system; 3. costs or expenses incurred to identify or remediate vulnerabilities or errors in the computer system; 4. damages; 5. claim expenses; 6. other first party expenses; or 7. amounts that are uninsurable pursuant to applicable law. FS 00 G003 00 1016 FailSafe GIGA° Release 4.0 Page 3 of 20 2-50002 © 2016, The Hartford • claim means a written demand received by any of you for damages or injunctive relief. This includes a suit, arbitration or other type of alternative dispute resolution proceeding against any of you. It also includes a request to toll or waive the running of the statute of limitations. It does not include a request by you for reimbursement of first party expenses, nor does it include a data privacy regulation proceeding. • claim expenses means reasonable expenses incurred by us or by you with our prior written consent investigating and defending a claim. 1. claim expenses also include: a. the cost of bonds to release attachments, but only for bond amounts within the remaining applicable Limit of Liability. We do not have to furnish these bonds; b. costs taxed against you in the suit. However, these payments do not include attorney's fees or attorney's expense taxed against you; c. interest on the full amount of any judgment that accrues before or after entry of the judgment and before we have paid, offered to pay or deposited in court the part of the judgment that is within the remaining applicable Limit of Liability; and d. actual loss of earnings up to $1,000 per day for each of you that you personally incur because of time off from work at our request to help us investigate or defend a claim. 2. claim expenses do not include any first party expenses or any of your overhead expenses or any salaries, wages, fees, or benefits of any you. • computer system(s) means the following, if leased or owned by the named insured, or operated by a third party service provider: computers, input and output devices, network devices and equipment, peripheral devices, storage devices, back-up facilities, mobile devices, and associated computer programs, software and applications, including cloud -based computer programs, software and applications. • contract worker agreement means a signed agreement between the named insured and an individual person who is an agent or independent contractor when the agreement provides that: 1. the agent or independent contractor will provide specific enterprise services on behalf of the named insured; 2. the named insured will indemnify the agent or independent contractor for those enterprise services; and 3. the agreement is made before any wrongful act that may give rise to a claim. • crisis management expenses means reasonable and necessary fees and expenses: 1. charged by a crisis management firm in the performance of crisis management services; and 2. for printing, advertising, mailing of materials, or travel by an executive officer, partner, owner, employee, agent of the named insured, or the crisis management firm as a direct response to a data privacy wrongful act. crisis management expenses do not include any of your overhead expenses or any salaries, wages, fees, or benefits of any you, nor do they include any amounts that are uninsurable pursuant to applicable law. • crisis management firm means any public relations or law firm hired or appointed by us or by you to perform crisis management services in connection with a data privacy wrongful act. • crisis management services means those services performed by a crisis management firm to minimize potential harm to the named insured arising from a data privacy wrongful act, including: 1. maintaining and restoring public confidence in the named insured; 2. providing advice to the named insured in connection with such data privacy wrongful act; 3. determining the named insured's legal obligations under data privacy laws; FS 00 G003 00 1016 FailSafe GIGA° Release 4.0 Page 4 of 20 2-50002 © 2016, The Hartford 4. providing necessary legal services to the named insured in responding to a data privacy wrongful act; and 5. communicating prior to a claim or data privacy regulatory proceeding with regulators, consumers, and clients regarding a data privacy wrongful act. • cyber extortion expenses means those reasonable and necessary expenses incurred by the named insured as a result of a cyber extortion threat including cyber extortion payments. cyber extortion expenses do not include any of your overhead expenses or any salaries, wages, fees, or benefits of any you, nor do they include any amounts that are uninsurable pursuant to applicable law. • cyber extortion payments means necessary monetary amounts paid by the named insured to a party who is not insured under this policy and whom the named insured believes to be responsible for the cyber extortion threat. • cyber extortion threat means any credible threat by a person or organization against the named insured to: 1. cause a network intrusion; 2. alter, damage, encrypt, render inaccessible, or continue to render inaccessible any computer program, software or electronic data that is stored within the computer system; 3. release, disseminate, destroy, or use nonpublic personal information obtained from the computer system through a network intrusion; or 4. release, disseminate, destroy, or use third party corporate confidential information. The foregoing notwithstanding, any such threat will not constitute a cyber extortion threat unless, prior to the surrendering of property or other consideration as payment by or on behalf of the named insured, the named insured conducts a reasonable investigation and determines that such threat is technologically credible. All cyber extortion threats that are logically or causally connected by common facts, circumstances, situations, events, transactions and/or decisions are considered one cyber extortion threat occurring on the earliest date such cyber extortion threat was first made. • cyber investigation expenses means those reasonable and necessary expenses incurred by the named insured to: 1. conduct an investigation of the computer system by a third party to determine the source or cause of a data privacy wrongful act or network intrusion; and 2. retain the services of a PCI Forensic Investigator to comply with the terms of the named insured's payment card agreement. cyber investigation expenses do not include any of your overhead expenses or any salaries, wages, fees, or benefits of any you, nor do they include any amounts that are uninsurable pursuant to applicable law. • damages means a money award, judgment or settlement that you become legally required to pay, including punitive, exemplary and multiplied damages where insurable by law. damages do not include: 1. any kind of: refund, rebate, redemption coupon, offset, return or credit that has been paid to or by any of you, or that is owed to or by any of you; examples include but are not limited to any of the following: any licensing fee or other fee, royalty, subscription or access charge, or other charge; 2. disgorgement of profits or any money or credits that represent any gain, profit or advantage to which any of you are not legally entitled; 3. your cost to comply with any non -money or injunctive relief; 4. cost or expense to recall, upgrade, replace, repair, correct, complete or re -perform enterprise services, in whole or part, by: a. any of you; or FS 00 G003 00 1016 FailSafe GIGA° Release 4.0 Page 5 of 20 2-50002 © 2016, The Hartford b. another party if any of you had the opportunity to recall, upgrade, replace, repair, correct, complete or re -perform enterprise services; 5. any criminal: fine or penalty; 6. any payment any of you make without our prior written consent; 7. the purchase or contract price for your enterprise services; or 8. any first party expenses or any of your overhead expenses or any salaries, wages, fees, or benefits of any you. In accordance with the foregoing, insurable punitive, exemplary and multiplied damages will be covered based upon the law of the most favorable of the following jurisdictions to you: a. where the punitive, exemplary or multiplied damages are imposed or awarded; b. where the claim resulting in punitive, exemplary, or multiplied damages occurred; c. where the wrongful act giving rise to a claim that resulted in punitive, exemplary, or multiplied damages occurred; d. where the named insured against whom punitive, exemplary, or multiplied damages are imposed or awarded is incorporated, resides or has their principal place of business; or e. where we are incorporated or have our principal place of business. • data privacy laws means any local, state, federal or foreign laws, statutes and regulations governing the collection, control, confidentiality, sharing, or use of nonpublic personal information. Data privacy laws include but are not limited to: 1. Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191) (HIPAA); 2. Health Insurance Technology for Economic and Clinical Health Act of 2009 (HITECH); 3. Gramm -Leach -Bliley Act of 1999, also known as, the Financial Services Modernization Act of 1999; 4. The Family Educational Rights and Privacy Act ("FERPA"); 5. Children's Online Privacy Protection Act of 1998 ("COPPA"); 6. Section 5(a) of the Federal Trade Commission Act but solely for alleged unfair and deceptive acts or practices resulting in a data privacy wrongful act or network wrongful act; or 7. State privacy protection and breach notification laws, including but not limited to the California Database Protection and breach notification laws, including but not limited to the California Database Protection Act of 2003 (Cal. SB 1386) and California A.B. 1950. • data privacy regulatory expenses means: 1. reasonable and necessary legal fees and expenses incurred by the named insured in the defense of a data privacy regulation proceeding; 2. fines or penalties assessed in connection with a data privacy regulation proceeding; and 3. amounts which the named insured is legally obligated to deposit in a fund as equitable relief, including consumer redress funds, due to a settlement or adverse judgment in a data privacy regulation proceeding. data privacy regulatory expenses do not include any of your overhead expenses or any salaries, wages, fees, or benefits of any you, nor do they include any amounts that are uninsurable pursuant to applicable law. • data privacy regulation proceeding means a civil, administrative or regulatory proceeding against, or a civil investigation of, a named insured by a governmental agency commenced by an investigative demand or similar request for information or by a complaint or similar pleading, alleging violation of any data privacy law as a result of a data privacy wrongful act or a network wrongful act. • data privacy wrongful act means any act, error or omission by you or a rogue employee that results in: FS 00 G003 00 1016 FailSafe GIGA° Release 4.0 Page 6 of 20 2-50002 © 2016, The Hartford 1. the improper collection, control, disclosure or use of nonpublic personal information; 2. a violation by the named insured of a data privacy law; or 3. the improper disclosure or use of third party corporate confidential information. • data restoration expenses means the actual, reasonable, and necessary expenses incurred by you to restore, replace or recover a computer program, software, application or other electronic data that is altered, destroyed, stolen, impaired or erased as a result of a network intrusion. If you determine that such computer program, software, application or other electronic data cannot be reasonably restored, replaced or recovered, then data restoration expenses means only the reasonable and necessary costs incurred by you to reach this determination. data restoration expenses do not include costs or expenses incurred to: 1. identify or remediate any errors or vulnerabilities or to update, restore, replace, upgrade, maintain, or improve any computer system; 2. duplicate the research that led to the development of the named insured's computer program, software, application, other electronic data or any proprietary or confidential information or intellectual property; or 3. develop or purchase any computer program, software, application or other electronic data. Nor do data restoration expenses include: a. the economic or market value of any computer system, computer program, software, application or other electronic data; b. any amounts that are uninsurable pursuant to applicable law; or c. any of your overhead expenses or any salaries, wages, fees, or benefits of any you. • denial of service attack means a malicious attempt by a third party to restrict or prevent access to the internet, or computer program, software or application within the computer system. • enterprise services means the tangible and intangible work product and services you provide to others for a fee or other remuneration. Enterprise services include, but are not limited to, technology services. Enterprise services expressly do not include any violations of law, rule or regulations related to one's status as, or any performance or failure to perform services as an accountant, architect, civil or structural engineer, dental or medical health care professional, insurance agent or broker, lawyer, mortgage broker or banker, real estate agent or broker, or surveyor. • executive officer means a director or officer in a position created by your charter, constitution, by- laws or any other similar governing document. • extra expense means actual, reasonable and necessary expenses incurred by you to reduce, minimize, or stop a network outage, but only to the extent such expenses are in excess of the your normal operating expenses, including but not limited to, any of your overhead expenses or any salaries, wages, fees, or benefits of any of you. • first named insured means the named insured first listed in item 1 of the Declarations. • first party expenses means the following expenses incurred by the named insured: 1. business interruption loss; 2. crisis management expenses; 3. cyber extortion expenses; 4. cyber investigation expenses; 5. data privacy regulatory expenses; 6. data restoration expenses; 7. notification and identity protection expenses; and 8. pci expenses. FS 00 G003 00 1016 FailSafe GIGA° Release 4.0 Page 7 of 20 2-50002 © 2016, The Hartford • interrelated wrongful act means multiple wrongful acts that are logically or causally connected by common facts, circumstances, situations, events, transactions and/or decisions. Interrelated wrongful acts that occur before the end of the last technology errors and omissions/liability policy issued by an insurance company member of The Hartford are considered one wrongful act occurring on the date the earliest such wrongful act is committed. An interrelated wrongful act is subject to the Each Wrongful Act Limit. • named insured means: 1. the persons or entities listed in item 1 of the Declarations; and 2. any subsidiary. • network intrusion means the gaining of access to or use of the computer system by an unauthorized person, or by an authorized person in an unauthorized manner, including but not limited to the transmission of malicious code to or participation in a denial of service attack against computer systems that are not owned, operated or controlled by you. All network intrusions that are logically or causally connected by common facts, circumstances, situations, events, transactions and/or decisions are considered one network intrusion occurring on the earliest date such network intrusion first occurred. • network outage means the actual and measurable failure, interruption, degradation, suspension or delay in service or the failure of the computer system directly resulting from a network intrusion or a denial of service attack. All network outages that are logically or causally connected by common facts, circumstances, situations, events, transactions and/or decisions are considered one network outage occurring on the earliest date such network outage first occurred. • network wrongful act means any act, error or omission by you, a rogue employee, or a third party service provider, which results in a network intrusion. • nonpublic personal information means: 1. a natural person's name; address; unpublished telephone number; social security number; driver's license or state identification number; credit, debit or other financial account number; medical information; education records; username; passwords or personal identification numbers; website cookies; geolocation data; or any other information that would allow access to the natural person's financial or medical account; or 2. any other information of a natural person that is designated as private or confidential by any local, state, federal or foreign laws, statutes or regulations. Notwithstanding the foregoing, nonpublic personal information does not include information that is lawfully available to the general public. • notification and identity protection expenses means reasonable and necessary expenses incurred by you to: 1. notify individuals, customers or clients of a data privacy wrongful act in compliance with a data privacy law; 2. voluntarily notify individuals, customers and clients of a data privacy wrongful act; 3. establish call center services to answer calls following notification of a data privacy wrongful act; and 4. provide credit monitoring; identity monitoring; medical identity monitoring; account monitoring; fraud detection and alerts; identity theft insurance; and identity protection or restoration services to individuals in response to a data privacy wrongful act. notification and identity protection expenses do not include any of your overhead expenses or any salaries, wages, fees, or benefits of any you, nor do they include any amounts that are uninsurable pursuant to applicable law. FS 00 G003 00 1016 FailSafe GIGA° Release 4.0 Page 8 of 20 2-50002 © 2016, The Hartford • payment card agreement means a contract between you and a financial institution, payment card company, payment card processor, or merchant that establishes the terms and conditions for accepting and processing payment cards. • pci expenses means the monetary fines, expenses, assessments, or fraud reimbursements that you are legally obligated to pay or incur under the terms of a payment card agreement as a result of a data privacy wrongful act or a network wrongful act. pci expenses do not include: any of your overhead expenses or any salaries, wages, fees, or benefits of any you; any charge backs, interchange fees, service charges, cost or expenses for system improvements, or any other costs or expenses related thereto; or any amounts that are uninsurable pursuant to applicable law. • period of restoration means the period of time that begins with the date and time of the network outage after application of the waiting period set forth on the Declarations and ends on the date and time the computer system is or could have been restored to substantially the level of operation that had existed prior to the network outage. The foregoing notwithstanding, in no event shall the period of restoration exceed the number of days set forth in the Declarations. • personal injury means: 1. any form of defamation or disparagement causing harm to the character, reputation or feelings of any person, entity, product or service, including but not limited to libel, slander, product or service disparagement, trade libel, infliction of emotional distress, outrage or outrageous conduct; 2. any form of invasion, infringement or interference with rights of publicity or privacy, including but not limited to false light, public disclosure of private facts, intrusion and commercial appropriation of name or likeness; 3. wrongful entry or eviction, trespass, eavesdropping or other invasion of the right of private occupancy; and 4. malicious prosecution or false: arrest, detention or imprisonment. • policy period means the time beginning with the Start Date shown in the Declarations and ending with the earlier of: 1. the date of termination or cancellation; or 2. the End Date shown in the Declarations. • pollutants means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals, odors, noise, lead, oil or oil product, radiation, and waste. Waste includes materials to be recycled, reconditioned or reclaimed. Pollutants also means any substance located anywhere in the world identified on a list of hazardous substances issued by any federal agency (including, nonexclusively, the Environmental Protection Agency) or any state, county, municipality or locality or counterpart thereof, or any foreign equivalent thereof. • professional services wrongful act means the following when actually or allegedly committed by you, a rogue employee, or on your behalf: 1. an error, unintentional omission, or negligent act in your performance of enterprise services; 2. a breach of warranties or representations about the fitness, quality, suitability, performance or use of your enterprise services; 3. the failure of your enterprise services to perform the function or serve the purpose intended; and 4. a security wrongful act in your performance of enterprise services. • rogue employee means any past or present employee of any named insured who acts or acted outside the scope of his or her employment to intentionally cause a wrongful act. Rogue Employee does not include any specified insured. • security wrongful act: 1. failure to prevent: a. denial of service; b. disruption of service; FS 00 G003 00 1016 FailSafe GIGA° Release 4.0 Page 9 of 20 2-50002 © 2016, The Hartford c. unauthorized access to, unauthorized use of, repudiation of access to, tampering with or introduction of malicious code into: firmware, data, software, systems or networks; d. identity theft or disclosure of nonpublic personal information; or e. disclosure of third party corporate confidential information; and 2. the improper collection, control, or use of nonpublic personal information. • specified insured means: 1. any named insured including the spouse and/or domestic partner of a named insured that is an individual; 2. any past or present partner, executive officer, or any individual in an equivalent position of a named insured, including but not limited to individuals that hold management positions similar to an executive officer for any named insured that does not have a charter, constitution, by-laws or any other similar governing document; 3. any individual responsible for the insurance, legal, or financial matters of the named insured including but not limited to General Counsel, Risk Manager, or Insurance Manager of the named insured; 4. any member of the named insured that could be afforded coverage under this policy; or 5. the executors, administrators or legal representatives of 1, 2, 3, or 4 listed above in the event of a death, incapacitation or bankruptcy of 1, 2, 3 or 4 listed above; but this only applies while performing their duties as such. specified insured does not include any rogue employee. • subsidiary means any corporation of which the first named insured owns, directly or indirectly, more than fifty percent (50%) of the issued and outstanding voting stock. The stock must be owned by the first named insured on the Start Date shown in the Declarations of this policy. 1. Subsidiary also includes any corporation which becomes a subsidiary during the policy period, provided that as soon as practical, but no later than within ninety (90) days of its becoming a subsidiary, you have: a. provided us with full details of the new subsidiary including a completed and signed subsidiary application and any other underwriting information we may require; b. agreed to and paid any additional premium related to the subsidiary; and c. agreed to any change in the terms and conditions of this policy required by us relating to the new subsidiary. 2. This policy does not apply to any claim or first party expense arising from or involving a subsidiary for any wrongful act, cyber extortion threat, network intrusion, or network outage that was committed when the first named insured did not own directly or indirectly more than fifty percent (50%) of the issued and outstanding voting stock of the subsidiary. • technology services means the following services performed for others for a fee or remuneration: 1. consulting, analysis, design, installation, training, maintenance, support and repair of or on: software, wireless applications, firmware, shareware, networks, systems, hardware, devices or components; 2. integration of systems; 3. processing of, management of, mining or warehousing of data; 4. administration, management, operation or hosting of: another party's systems, technology or computer facilities; 5. website development; website hosting; 6. internet access services; intranet, extranet or electronic information connectivity services; software application connectivity services; 7. manufacture, sale, licensing, distribution, or marketing of: software, wireless applications, firmware, shareware, networks, systems, hardware, devices or components; 8. design and development of: code, software or programming; 9. providing software application: services, rental or leasing; FS 00 G003 00 1016 FailSafe GIGA° Release 4.0 Page 10 of 20 2-50002 © 2016, The Hartford 10. screening, selection, recruitment or placement of candidates for temporary or permanent employment by others as information technology professionals; 11. telecommunication services; 12. telecommunication products; and 13. web related software and connectivity services performed for others. • telecommunication products means computer hardware, firmware and/or software products, electronic equipment or devices manufactured, sold, handled, distributed or disposed of by you which are specifically designed or intended for use in telecommunication systems or your telecommunication services. • telecommunication services means the following services performed for others: 1. telephone services including competitive access provider, dial tone access, digital subscriber line (DSL), incumbent/local exchange carrier, facsimile, integrated services digital network (ISDN), interconnection, local, long distance, reseller, switching, and 911 emergency services; 2. means call conferencing, call forwarding, call identification, call return, call waiting, calling card, directory assistance, repeat dialing, speed dial, toll free, video conferencing, voice messaging services; 3. cellular and wireless communication services including paging and ground based satellite communication services; 4. provision of cable television services; and 5. telecommunication consulting services. • temporary worker means a person who is provided to you by a third party for a specific time period to support or increase your work force in special situations. Such situations may include employee absences, temporary skill shortages and seasonal workloads. A temporary worker is not an employee of yours. • third party corporate confidential information means third party corporate information provided to you and protected under a nondisclosure agreement or confidentiality provision of a contract entered into by the named insured with the owner of the third party corporate information. • third party service provider means an independent contractor operating on behalf of the named insured pursuant to a written contract or agreement with the named insured but only if such independent contractor is acting within the scope of the terms of the written contract or agreement for the benefit of the named insured. • wrongful act means the following: 1. data privacy wrongful act; 2. network wrongful act; 3. professional services wrongful act; and 4. security wrongful act. Wrongful act also includes an interrelated wrongful act. Wrongful act includes any of the foregoing when caused by the acts of a rogue employee. • you or your mean, individually and collectively: 1. any named insured; 2. any past or present partner, executive officer, or any individual in an equivalent position of a named insured, including but not limited to individuals that hold management positions similar to an executive officer for any named insured that does not have a charter, constitution, by-laws or any other similar governing document, but only while performing their duties as such; 3. any past or present employee of the named insured but only while performing their duties as such; employee does not include a temporary worker; 4. any individual person who is an agent or independent contractor but only while acting within the scope of his or her contract worker agreement with the named insured; FS 00 G003 00 1016 FailSafe GIGA° Release 4.0 Page 11 of 20 2-50002 © 2016, The Hartford 5. a client that the named insured is required, in a written contract to perform enterprise services, to add as an additional insured under this policy. But the client is insured under this policy only if: a. the wrongful acts were committed by the named insured in the named insured's performance of enterprise services; b. the written contract is entered before the wrongful act giving rise to the claim is committed; and c. there are no allegations of independent misconduct by the client. 6. any member or stockholder of the named insured; but this only applies with respect to their liability as a member or stockholder; or 7. the executors, administrators or legal representatives of each of you listed in items 1 through 6 above in the event of your death, incapacity or bankruptcy; but this only applies while performing their duties as such. Section 111 — Exclusions A. We will not pay damages, first party expenses, or claim expenses or defend any of you for any wrongful act or claim arising out of or in any way related to any actual or alleged: 1. bodily injury, sickness, disease or death sustained by a person; or mental anguish, emotional distress, mental injury, fright or shock when they result in or from bodily injury, sickness, disease or death; 2. physical damage to or physical loss of tangible property and any resulting loss, corruption or destruction of data or information, including all resulting loss of use of that property, data or information. However, this exclusion will not apply to: a. the loss, corruption or destruction of data or information when the tangible property on which the data or information is or was kept is not physically damaged or physically lost; and b. that portion of a claim due to a data privacy wrongful act as a result of the loss of the named insured's leased or owned computer hardware, including mobile, networked, and data storage equipment; 3. obligation which any of you may have to pay under any workers' compensation act, employer's liability law, unemployment compensation law, disability benefits law, or any similar law; or any foreign equivalent; 4. disruption of, surge in, fluctuation in or loss of: power, connectivity or communications. However, this exclusion will not apply to any of the foregoing when directly caused by a wrongful act committed by any of you; 5. withdrawal or recall of all or part of enterprise services from the marketplace. However, this exclusion will not apply to claims by third parties for the loss of use resulting from withdrawal or recall of enterprise services due to a wrongful act committed by any of you; 6. cost: overruns, guarantees, estimates or estimates being exceeded; 7. false, deceptive, fraudulent, intentionally misleading or misrepresenting statements in advertising; 8. sweepstakes, lotteries or other games of chance; or contests; 9. price fixing, or any other violation of: any securities, antitrust or restraint of trade laws, the Racketeer Influenced and Corrupt Organizations Act; any similar law; or any foreign equivalent; 10. Section 616 of the Fair Credit Reporting Act; any actual or alleged violation of Section 605(g) of the Fair Credit Reporting Act; 11. false, deceptive, or unfair business or trade practices; unfair competition; or violation of consumer protection laws, any similar law, or any foreign equivalent. However, this exclusion will not apply to that portion of a claim alleging the violation of a data privacy law; 12. violation or misuse of any intellectual property right, including but not limited to: FS 00 G003 00 1016 FailSafe GIGA° Release 4.0 Page 12 of 20 2-50002 © 2016, The Hartford a. infringement or dilution of: title, slogan, trademark, trade name, trade dress, service mark or service name; b. infringement of copyright, plagiarism or misappropriation of ideas; c. piracy; d. patent infringement or patent misuse; or e. misuse, misappropriation or theft of trade secrets; 13. personal injury; 14. tortious interference with the contractual relationships of others; 15. discrimination, harassment or misconduct by any of you because of or relating to: race, creed, color, age, gender, sex, sexual preference or orientation, national origin, religion, disability, handicap, health condition, marital status, or any other class protected under federal, state, local or other law; or any similar law in a jurisdiction outside the United States of America; 16. acts or omissions by any of you regarding: a. refusal to employ; b. termination of a person's employment; c. employment-related practices, policies, acts or omissions; these include but are not limited to coercion, demotion, evaluation, re -assignment, discipline, defamation, harassment, humiliation or discrimination; or d. breach of fiduciary duty or other responsibility in connection with any employee benefit or pension plan; this includes but is not limited to violation of the duty or responsibility imposed on fiduciaries by the Employee Retirement Income Security Act of 1974 (ERISA) or any changes to that law; any similar law; or any foreign equivalent; 17. or threatened discharge, dispersal, seepage, migration, release or escape of pollutants or any loss, cost or expense arising out of any: a. request, demand, order or statutory or regulatory requirement that any of you or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to or assess the effects of pollutants; or b. claim or suit by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of pollutants; or 18. electromagnetic radiation, including but not limited to magnetic energy, waves, fields, or forces. B. We will not pay damages or claim expenses or defend any of you for any claim made by or on behalf of: 1. any of you; however, this exclusion will not apply to claims made: a. by any of you described in items 3, 4 or 5 of the definition of you when the claim is made in their capacity as a client as a result of enterprise services performed by the named insured on their behalf; or b. against the named insured by any of you described in items 3 or 4 of the definition of you when the claim is the result of the named insured's failure to prevent identity theft or disclosure of nonpublic personal information. 2. any entity which is a parent, affiliate, subsidiary, joint venturer, co -venturer or other entity in which any of you owns an interest or is a partner, director, officer, sole proprietor, trustee or employee; 3. any entity affiliated with any of you through any common ownership or control; 4. any entity directly or indirectly controlled, operated or managed by any of you; or 5. any federal, state or local government body, subdivision or agency; any regulatory or licensing agency or bureau; or any foreign equivalent. However, this exclusion will not apply when the FS 00 G003 00 1016 FailSafe GIGA° Release 4.0 Page 13 of 20 2-50002 © 2016, The Hartford claim is made in their capacity as a client as a result of enterprise services performed by the named insured on their behalf. For the purposes of exclusions B.2 through 4 above, the words "owns," `ownership or control" and "controlled" mean ten percent (10%) or more ownership of a publicly -held corporation or thirty percent (30%) or more ownership of a privately -held corporation, or ten percent (10%) or more of any other type of entity. C. We will not pay damages, first party expenses, or claim expenses for any wrongful act, cyber extortion threat, network intrusion, network outage, or claim arising out of or in any way related to any: 1. dishonest, fraudulent, criminal or intentional wrongful act or omission by any of you; or 2. material defect or bug known by any of you that could reasonably be expected to cause harm; when such act or knowledge is established by your admission or final adjudication by a jury, court or arbitrator. However, exclusions C.1 and 2 above do not apply to any of you who did not commit, acquiesce in, or remain passive after learning of the actions giving rise to the claim. For purposes of this exclusion, the knowledge, action or inaction of any executive officer, partner, or any individual in an equivalent position of a named insured, including any individual that holds a management position similar to an executive officer for named insureds that do not have a charter, constitution, by-laws or any other similar governing document, will be imputed to the applicable named insured. D. We will not pay damages, first party expenses, or claim expenses or defend any of you for any claim arising out of or in any way related to any actual or alleged wrongful act, cyber extortion threat, network intrusion, network outage, or claim that has been reported under any other policy, issued by any entity, when the inception date of that other policy preceded the Start Date of this policy. Section IV — Nuclear Energy Liability Exclusion A. We will not pay damages, first party expense, or claim expenses or defend any of you for any wrongful act or claim arising out of or in any way related to any: 1. actual, alleged or threatened discharge, dispersal, release or escape of nuclear material, nuclear waste or radiation; or 2. direction, request or voluntary decision to test for, abate, monitor, clean up, remove, contain, treat, detoxify or neutralize, nuclear material, nuclear waste or radiation. Section V — Limits Of Liability And Retention A. Limits of Liability 1. Each Wrongful Act Limit Subject to A.2 below, the Each Wrongful Act Limit stated in item 4 of the Declarations is the most we will pay for any combination of claim expenses and damages for the total of all claims made during the policy period, including any applicable Extended Reporting Period, arising from one wrongful act, regardless of the number of: a. you this policy covers; b. claims that are made; or c. persons or entities making claims. An interrelated wrongful act is subject to the Each Wrongful Act Limit. 2. Aggregate Limit The Aggregate Limit stated in item 4 of the Declarations is the most we will pay for any combination of claim expenses and damages for the total of all claims made during the policy period, including any applicable Extended Reporting Period, regardless of the number of: FS 00 G003 00 1016 FailSafe GIGA° Release 4.0 Page 14 of 20 2-50002 © 2016, The Hartford a. you this policy covers; b. claims that are made; c. persons or entities making claims; or d. wrongful act that are committed. B. Retention for Each Wrongful Act The Retention stated in item 5 of the Declarations is the amount of money you must pay for covered damages and/or claim expenses for each wrongful act before this policy will begin to pay. You may not insure the Retention. The Retention will not be reduced by the payment of any deductible amount or any amount retained by any of you under any other policy of insurance; and the Retention will not be reduced by any payment made on your behalf by another person or entity. The Retention will not reduce the Limits of Liability. You will pay the full amount of the Retention for each wrongful act to appropriate parties as directed by us. If we advance any such payments, you will reimburse us within thirty (30) days of our written demand. If you fail to make direct payments or to reimburse us as described above, all of you against whom the claim has been made and the named insured are individually and collectively responsible for paying us back for any advance payments we have made and for interest, attorney's fees and costs associated with our collection of the money. Section VI — Extended Reporting Periods A. Terms Applicable to Both Types of Extended Reporting Period An Extended Reporting Period changes the time within which a claim may be made against you and still be reported by you, and considered by us, for coverage in accordance with the terms of this policy. This policy has two types of Extended Reporting Periods: the Basic Extended Reporting Period and the Optional Extended Reporting Period. Both the Basic Extended Reporting Period and the Optional Extended Reporting Period: 1. provide coverage for claims that are first made against you during such applicable Extended Reporting Period, but: a. we will not pay damages or claim expenses or defend any of you for any wrongful act or claim arising out of or in any way related to any actual or alleged wrongful act that is committed during an Extended Reporting Period; and b. only if, there is no other insurance for the claim; 2. do not extend the policy period or add to the scope of coverage provided as of the end of the policy period; 3. do not reinstate or increase the Limits of Liability. The Limits of Liability for any Extended Reporting Period will be a part of, and not in addition to, the Limits of Liability listed in the Declarations for the policy period; 4. run concurrently (if the Optional Extended Reporting Period is purchased); and 5. are not renewable. B. Basic Extended Reporting Period We will automatically provide a Basic Extended Reporting Period if this policy is: 1. cancelled; 2. non -renewed; or 3. renewed by us with insurance that does not apply on a claims made or claims made and reported basis. The Basic Extended Reporting Period begins with the end of the policy period and lasts for ninety (90) days. FS 00 G003 00 1016 FailSafe GIGA° Release 4.0 Page 15 of 20 2-50002 © 2016, The Hartford C. Optional Extended Reporting Period 1. For an additional premium, we will offer an Optional Extended Reporting Period endorsement, unless this policy is cancelled for non-payment of premium or Retention or for your failure to comply with policy provisions. 2. If the Optional Extended Reporting Period endorsement is purchased, the Optional Extended Reporting Period begins with the end of the policy period and lasts for the period of time stated in the endorsement. 3. Optional Extended Reporting Period coverage is available only if: a. the first named insured has paid all premiums and Retentions due for this policy at the time the first named insured requests an Optional Extended Reporting Period endorsement; b. we receive the first named insured's written request for it within thirty (30) days after the end of the policy period; c. the first named insured gives us written acceptance of our offer within fifteen (15) days of the day that we make our offer; and d. we receive payment in full for the Optional Extended Reporting Period within thirty (30) days of the first named insured's acceptance of our offer. 4. Once in effect, the Optional Extended Reporting Period cannot be cancelled. We need not return any part of the premium paid for any reason whatsoever. 5. Premium for the Optional Extended Reporting Period will be determined by taking into account the following: a. the exposures insured; b. previous types and amounts of insurance; c. Limits of Liability available under this policy for future payment of wrongful acts and claim expenses; and d. other related factors. Section VII — Conditions A. Territory This policy applies to wrongful acts, cyber extortion threats, network intrusions, and denial of service attacks committed anywhere in the universe; except this policy does not apply when the claim is made, or the first party expenses are incurred, in a country against which the United States government has imposed trade sanctions, embargoes, or any similar regulations that prohibit the transaction of business with or within such countries at the time the claim is made or the first party expenses are incurred. B. Currency The currency of this policy is United States of America dollars. If damages, first party expenses, or claim expenses are paid in a currency other than United States dollars, payment will be considered to have been made in United States dollars at the rate of exchange that was used for the payment. If no actual currency exchange was made, then the rate of exchange will be the rate published in The Wall Street Journal on the day following the date that payment was made. C. Bankruptcy Bankruptcy or insolvency of you or of your estate will not relieve us of our obligations under this policy. D. Cancellation 1. The first named insured may cancel this policy by mailing or delivering to us advance written notice of cancellation. FS 00 G003 00 1016 FailSafe GIGA° Release 4.0 Page 16 of 20 2-50002 © 2016, The Hartford 2. We may cancel this policy by mailing to the first named insured written notice of cancellation at least: a. ten (10) days before the cancellation is effective, if we cancel for non-payment of any premium when due; or b. sixty (60) days before the cancellation is effective, if we cancel for any other reason. 3. We will mail our notice to the address shown in the Declarations for the named insured. 4. Notice of cancellation by us will state when the cancellation is effective. The policy period will end on that date. 5. If this policy is cancelled, we will send the first named insured any premium refund due. If we cancel, the refund will be the pro -rata unearned premium. If the first named insured cancels, we will compute the return premium at ninety percent (90%) of the pro -rata unearned premium. 6. Proof of mailing will be sufficient proof of notice. 7. Premium adjustment may be made either at the time cancellation is effected or as soon as practicable after cancellation becomes effective. But payment or tender of unearned premium is not a condition of cancellation. E. When We Do Not Renew 1. If we decide not to renew this policy, we will mail written notice of non -renewal to the first named insured. We will mail the notice at least sixty (60) days before the policy period ends. 2. We will mail it to the address shown in the Declarations for the named insured. Proof of mailing will be sufficient proof of notice. 3. If we offer to renew this policy on the same or different terms and the first named insured does not accept our offer during the current policy period, this policy will expire at the end of the policy period. 4. If there is an inconsistency between the terms and conditions regarding the nonrenewal of this policy stated in a state amendatory endorsement attached to this policy and the terms and conditions of this When We Do Not Renew provision, we will apply those terms and conditions that are more favorable to you, where permitted by law. F. Entire Agreement This policy contains all the agreements between you and us concerning this insurance. G. Changes The first named insured is authorized by you to agree with us on all changes in the terms and conditions of this policy. This policy can only be changed by an endorsement that is issued by us. H. Duties in the Event of Wrongful Act or Claim 1. The named insured must notify us in writing as soon as practicable of a wrongful act or circumstance that may result in a claim under this policy. This requirement applies only when the wrongful act is known to: a. any person who is a named insured; b. any partner, executive officer, or any individual in an equivalent position of a named insured, including but not limited to individuals that hold management positions similar to an executive officer for any named insured that does not have a charter, constitution, by-laws or any other similar governing document; or c. any individual responsible for the insurance, legal, or financial matters of the named insured including but not limited to General Counsel, Risk Manager, or Insurance Manager of the named insured. 2. If during the policy period any of you first become aware of a wrongful act to which this policy applies which may result in a claim under this policy and give us written notice within the policy period of: a. the specific wrongful act, the date of the wrongful act and the name of the potential claimant; FS 00 G003 00 1016 FailSafe GIGA° Release 4.0 Page 17 of 20 2-50002 © 2016, The Hartford b. the damages which have or may result from the wrongful act; and c. the circumstances by which you first became aware of the wrongful act; then any claim first made arising out of the wrongful act will be deemed to have been made on the date we received written notice and therefore subject to items 3 and 4 below. All notices or correspondence regarding wrongful acts or claims must be sent to the address(es) or facsimile(s) indicated by endorsement to this policy. 3. If a claim is made against any of you, as soon as any specified insured knows of such a claim, you must: a. immediately record the specifics of the claim and the date received; b. immediately send us copies of all demands, notices, summonses and legal papers received in connection with the claim; c. authorize us to obtain records and other information; d. cooperate with us in the investigation, settlement, and defense of the claim; and e. assist us, upon our request, in enforcing any right against any person or entity that may be liable to you or the claimant because of damages to which this policy may also apply. 4. None of you will, except at your own cost, make a payment, assume any obligation, or incur any cost without our prior written consent. I. Legal Action Against Us No person or entity has a right under this policy: 1. to join us as a party or bring us into a suit asking for damages from you; or 2. to sue us under this policy unless all of its terms and conditions have been fully complied with. A person or entity may sue us to recover on an agreed settlement or on a final judgment against you obtained after an actual trial or other binding adjudication. But we will not be liable for claim expenses or damages that are not payable under the terms and conditions of this policy or that are more than the applicable Limit of Liability. An agreed settlement means a settlement that we agree to in writing. J. Mergers, Consolidations or Acquisitions 1. If, after the Start Date of this policy shown in the Declarations, the named insured: a. merges or consolidates with another entity; or b. acquires more than fifty percent (50%) of the assets of another entity, and the named insured is the surviving entity, the entity merged or consolidated with or acquired by the named insured will be afforded coverage under this policy as a named insured for a period of ninety (90) days or until the expiration of this policy, whichever is less. 2. We may endorse this policy to provide coverage beyond the period of time indicated in item 1 above if, within ninety (90) days of the merger, consolidation or acquisition transaction, you have: a. provided us with full details of the transaction and any other additional underwriting information that we may require; b. agreed to any amendment of the terms and conditions of this policy by endorsement issued by us relating to such transaction; and c. agreed to and paid any additional premium for the endorsement related to such transaction. 3. This policy does not apply to any claim or first party expenses arising from or involving an entity that is merged or consolidated with or acquired by the named insured for any wrongful act, cyber extortion threat, network intrusion, or network outage that was committed when the first named insured did not own directly or indirectly more than fifty percent (50%) of the issued and outstanding voting stock of the entity. FS 00 G003 00 1016 FailSafe GIGA° Release 4.0 Page 18 of 20 2-50002 © 2016, The Hartford 4. The applicable retroactive date for an entity that was merged or consolidated with or acquired by the named insured will be the date of the merger, consolidation or acquisition by the named insured. We may endorse this policy to provide a different applicable retroactive date for the merged or consolidated with or acquired entity, if applicable information is provided to demonstrate similar coverage has been continuously maintained by the entity. 5. If after the Start Date of this policy shown in the Declarations: a. the first named insured merges or consolidates with another entity and the named insured is not the surviving entity; or b. more than 50% of the securities representing the right to vote for the first named insured's board of directors or managers is acquired by another person or entity, group of persons or entities, or persons and entities acting in concert; then coverage shall continue under this policy and any renewal or replacement hereof but only for wrongful acts occurring prior to any such transaction. The first named insured shall give us written notice and full, written details of such transaction as soon as practicable (but, in all cases, within ninety (90) days of such transaction). If any transaction described herein occurs, then we will not be obligated to offer any renewal or replacement of this policy. K. Other Insurance and Payments Available to You Coverage under this policy will apply only in excess of all other: 1. insurance, except for other insurance that is written specifically to apply in excess over this policy; 2. bonds, self-insured retentions, deductibles, indemnifications; or 3. similar agreements or payment options available to you whether they are stated to be primary, pro rata, contributory, contingent or otherwise. L. Payment of Premiums and Retention The first named insured must pay all premiums and Retentions when due. We will pay any return premiums to the first named insured. M. Transfer of Rights of Recovery Against Others to Us You must do nothing to impair your rights to recover all or any part of any payment we have made under this policy, and those rights are transferred to us. At our request you will bring suit or transfer those rights to us and help us enforce them. Any recoveries will be paid first to reimburse the person or entity that paid the subrogation costs, then to us for the amount we have paid. Any amount that may remain will be paid to the first named insured. N. Transfer of Your Rights and Duties Under This Policy Your rights and duties under this policy may not be transferred without our written consent except in the case of death or bankruptcy. If you die or become bankrupt, your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representative. Until your legal representative is appointed, anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. 0. Representations and Statements By accepting this policy, you agree to all of the following: 1. the representations and statements contained in the application for coverage and other information submitted to us in applying for this policy are accurate and complete; they were made to induce our reliance upon them; 2. the representations and statements made to us in the application and other information submitted to us were made by the named insured on behalf of all of you; they are material to our decision to provide coverage; they are considered as incorporated in and constituting part of this policy; 3. we have issued this policy in reliance upon those representations and statements; 4. in the event the application or other information submitted to us contains misrepresentations or fails to state facts which affect our acceptance of the risk, the hazard assumed by us, the terms FS 00 G003 00 1016 FailSafe GIGA° Release 4.0 Page 19 of 20 2-50002 © 2016, The Hartford or conditions of the policy we offered or the premium we charged for this policy, we will not pay for any claim expenses, damages, or first party expenses relating to a wrongful act, claim, cyber extortion threat, network intrusion, or network outage under this policy; and 5. if you report any wrongful act, claim, cyber extortion threat, network intrusion, or network outage knowing it, or any of the representations and statements regarding the wrongful act, claim, cyber extortion threat, network intrusion, or network outage to be false or fraudulent, this insurance will not make payments for the wrongful act, claim, cyber extortion threat, network intrusion, or network outage. FS 00 G003 00 1016 FailSafe GIGA° Release 4.0 Page 20 of 20 2-50002 © 2016, The Hartford FailSafe® GIG A e n t e r p r i se l i a b i l i t y Contents Pages 2 — 3 Section I - Coverage Page 2 A. Insuring Agreement B. Defense Page 3 C. When We Insure Pages 3 — 12 Section II - Definitions Pages 12 — 14 Section III - Exclusions Page 14 Section IV - Nuclear Energy Liability Exclusion Pages 14 - 15 Section V - Limits of Liability and Retention Page 14 A. Limits of Liability Page 15 B. Retention for Each Wrongful Act Pages 15 — 16 Section VI - Extended Reporting Periods Page 15 A. Terms Applicable to Both Types of Extended Reporting Period B. Basic Extended Reporting Period Page 16 C. Optional Extended Reporting Period Pages 16 — 20 Section VII - Conditions Page 16 A. Territory B. Currency C. Bankruptcy D. Cancellation Page 17 E. When We Do Not Renew F. Entire Agreement G. Changes H. Duties in the Event of Wrongful Act or Claim Page 18 I. Legal Action Against Us J. Mergers, Consolidations or Acquisitions Page 19 K. Other Insurance and Payments Available to You L. Payment of Premiums and Retention M. Transfer of Rights of Recovery against Others to Us N. Transfer of Your Rights and Duties Under This Policy O. Representations and Statements FS 00 G007 00 1016 FailSafe GIGA® Release 4.0 Page 1 of 1 2-50002 © 2016, The Hartford Policy Number: 76 SBU AJ3T2S Effective Date: 11/10/2023 Named Insured and Address: C2, LLC, PO BOX 2505, CORNELIUS, NC, 28031-2505 Endt. No. 001 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SIGNATURE ENDORSEMENT We have caused this policy to be signed by our President and a Secretary, but it will not be binding unless countersigned on the Declarations page by our fully authorized representative. FS 00 H008 00 1016 FailSafe® Page 1 of 1 2-50002 © 2016, The Hartford Policy Number: 76 SBU AJ3T2S Effective Date of this Endorsement: 11/10/2023 Named Insured and Address: C2, LLC, PO BOX 2505, CORNELIUS, NC, 28031-2505 Endt. No. 001 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDRESS FOR WRONGFUL ACT OR CLAIM NOTIFICATION OR CORRESPONDENCE ENDORSEMENT You and we agree that: Section VII — Conditions is changed to add the following: All notices or correspondence regarding wrongful acts or claims must be sent to the attention of The Hartford Hartford Financial Products Claims Department to one or more of the following: By Mail: Hartford Fire Insurance Company, One Hartford Plaza, Hartford, CT 06155 By email: hfpclaims(c�thehartford.com By facsimile: (917) 464-6000 All other terms and conditions of the policy remain unchanged. FS 00 H026 00 1016 FailSafe° Page 1 of 1 2-50002 © 2016, The Hartford Policy Number: 76 SBU AJ3T2S Effective Date of this Endorsement: 11/10/2023 Named Insured and Address: C2, LLC, PO BOX 2505, CORNELIUS, NC, 28031-2505 Endt. No. 001 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DATA PRIVACY: LAWS, REGULATORY PROCEEDING AND WRONGFUL ACT REDEFINED This endorsement modifies insurance provided under: FailSafesm Enterprise Liability Policy You and we agree that: Section II — Definitions is amended as follows: 1. The definition of data privacy laws in Section 11. DEFINITIONS is amended to add the following: Data privacy laws also means the European Union General Data Protection Regulation ("GDPR"). 2. Definitions, is amended to delete and replace the following: o data privacy regulation proceeding means a civil, administrative or regulatory proceeding against, or a civil investigation of, a named insured by a state's attorney general, the Federal Trade Commission, the Federal Communications Commission, or any other federal, state, local or foreign governmental entity in such entity's regulatory authority or capacity in connection with such proceeding, commenced by an investigative demand or similar request for information, or by a complaint or similar pleading, alleging violation of any data privacy law as a result of a data privacy wrongful act or a network wrongful act. o data privacy wrongful act means any act, error or omission by you or a rogue employee that results in: 1. the improper collection, control, disclosure or use of nonpublic personal information that is within the care, custody or control of you, or any third party service provider; 2. a violation by the named insured of a data privacy law; or 3. the improper and unintentional disclosure of third party corporate confidential information. o third party corporate confidential information means third party corporate information provided to you and protected under a nondisclosure agreement or confidentiality provision of a contract entered into by the named insured with the owner of the third party corporate information, or for which the named insured is legally required to maintain in confidence. All other terms and conditions of the policy remain unchanged. FS 00 H033 00 0918 FailSafe® Page 1 of 1 © 2018, The Hartford Policy Number: 76 SBU AJ3T2S Effective Date of this Endorsement: 11/10/2023 Named Insured and Address: C2, LLC, PO BOX 2505, CORNELIUS, NC, 28031-2505 Endt. No. 001 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ASBESTOS EXCLUSION You and we agree that: Section II — Definitions is changed to add the following: Asbestos hazard means an exposure or threat of exposure to the actual or alleged properties of asbestos and includes the mere presence of asbestos in any form. Section III — Exclusions, subsection A is changed to add the following: asbestos hazard, including any: 1. threatened loss, injury or damage of any nature or kind to persons or property which would not have occurred in whole or in part but for the asbestos hazard; 2. request, demand or order to test for, monitor, clean up, remove, encapsulate, contain, treat, detoxify or neutralize or in any way respond to or assess the effects of an asbestos hazard; or 3. testing for, monitoring, cleaning up, removing, encapsulating, containing, treating, detoxifying or neutralizing or in any way responding to or assessing the effects of an asbestos hazard. All other terms and conditions of the policy remain unchanged. FS 00 H137 00 1016 FailSafe° Page 1 of 1 2-50002 © 2016, The Hartford Policy Number: 76 SBU AJ3T2S Effective Date of this Endorsement: 11/10/2023 Named Insured and Address: C2, LLC, PO BOX 2505, CORNELIUS, NC, 28031-2505 Endt. No. 001 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. UNSOLICITED SENDING OF INFORMATION EXCLUSION Section III — Exclusions, A., of the policy is amended by the addition of the following: Sending of information by fax, electronic mail (e-mail), or via any other means, where prohibited by law; All other terms and conditions remain unchanged. FS 00 H141 00 1016 FailSafe® Page 1 of 1 2-50002 © 2016, The Hartford Policy Number: 76 SBU AJ3T2S Effective Date of this Endorsement: 11/10/2023 Named Insured and Address: C2, LLC, PO BOX 2505, CORNELIUS, NC, 28031-2505 Endt. No. 001 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SELECTION OF COUNSEL ENDORSEMENT You and we agree that: Section I — Coverage, subsection B, items 1, 2 and 3 are deleted and replaced with the following: 1. For all covered claims, we have the right and duty to defend you. At the time you notify us of any such claim, the first named insured has the right to select defense counsel, and inform us of such selection in writing, subject to all of the following conditions. Selected counsel must: a. be a licensed attorney in good standing in the jurisdiction where the claim has been made or is most likely to be made; b. have his or her primary office within fifty (50) miles of the venue of the claim, unless our prior written consent is granted to select counsel more than 50 miles away; c. bill at an hourly rate that does not exceed the normal and customary rate that we pay or would pay for a similar case in the venue where the claim has been made; d. have at least five (5) years of civil litigation practice, including the litigation of at least three (3) technology cases involving allegations similar to those made in the claim to be defended; e. have current malpractice insurance with limits of liability of at least $1 million for each claim or occurrence; f. agree to and continue to cooperate with us fully and disclose to us all information concerning the claim, except privileged information related to a coverage dispute between you and us; g. be pre -approved in writing by us; such approval will not be unreasonably withheld; and h. selected counsel agrees to comply with Hartford Financial Products Attorney Guidelines. Subject to the Limits of Liability, we will pay reasonable claim expenses incurred by counsel selected pursuant to item 1. a. through h. above. Nothing in this section will relieve any of you of your responsibilities under this policy. If the first named insured does not inform us in writing that it intends to exercise the right to select counsel as provided above, we will exercise that right on behalf of the first named insured. 2. Even if the first named insured has selected counsel under the terms provided in subsection 1 above, we still have the right to select separate counsel to participate in all aspects of the defense of the claim together with counsel chosen by the first named insured. If we exercise this right to also select counsel, the attorney selected by us will be paid by us and those payments will not reduce your Limits of Liability or apply to your Retention. 3. The following terms apply to all covered claims: a. We may investigate any claim as we deem appropriate. b. You will not settle any claim without our prior written consent, even if the claim is less than the amount of the Retention. We have the right to settle all claims, unless we receive a written objection from the first FS 00 H342 00 1016 FailSafe® Page 1 of 2 © 2016, The Hartford Policy Number: 76 SBU AJ3T2S Effective Date of this Endorsement: 11/10/2023 Named Insured and Address: C2, LLC, PO BOX 2505, CORNELIUS, NC, 28031-2505 Endt. No. 001 named insured before we agree to a settlement. The first named insured will be notified before we agree to a settlement. If the first named insured objects to a settlement recommended by us and acceptable to the claimant, then our duty to pay will be limited to: (1) the amount of damages for which the claim could have been settled; plus (2) all claim expenses incurred and paid or payable by us or the first named insured at the time we made our recommendation; plus (3) fifty percent (50%) of all covered damages and claim expenses incurred and paid or payable by us or the first named insured after the time we made our recommendation. If the total of those amounts falls within your Retention, we will have no duty to pay damages and claim expenses on that claim. In no event will we be obligated to pay more than the remaining applicable Limit of Liability determined under Section V — Limits of Liability and Retention. In claims where the first named insured has objected to a settlement recommended by us, we have the right to stop defending and paying claim expenses upon tendering control of the defense to you. c. We have the right to exercise all of your rights in choosing arbitrators and in conducting all arbitrations. d. Our right and duty to defend claims and to pay claim expenses will end when we have used up the applicable Limit of Liability by paying damages and/or claim expenses. All other terms and conditions remain unchanged. FS 00 H342 00 1016 FailSafe® Page 2 of 2 © 2016, The Hartford Policy Number: 76 SBU AJ3T2S Effective Date of this Endorsement: 11/10/2023 Named Insured and Address: C2, LLC, PO BOX 2505, CORNELIUS, NC, 28031-2505 Endt. No. 001 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. INDEPENDENT CONTRACTOR, TEMPORARY, OR LEASED PERSONNEL ENDORSEMENT You and we agree that: Section II — Definitions is amended as follows: The definition of you, item 4, is deleted and replaced with the following: o Any agent, independent contractor, temporary, or leased personnel, but only while acting within the scope of his or her contract worker agreement with the named insured. The definition of contract worker agreement is deleted and replaced with the following: o contract worker agreement means a signed agreement between the named insured and an agent, independent contractor, or temporary or leased personnel when the agreement provides that: 1. the agent, independent contractor, or temporary or leased personnel will provide specific enterprise services on behalf of the named insured; 2. the named insured will indemnify the agent, independent contractor, or temporary or leased personnel for those enterprise services; and 3. the agreement is made before any wrongful act that may give rise to a claim. All other terms and conditions of the policy remain unchanged. FS 00 H357 00 1016 FailSafe® Page 1 of 1 © 2016, The Hartford Policy Number: 76 SBU AJ3T2S Effective Date of this Endorsement: 11/10/2023 Named Insured and Address: C2, LLC, PO BOX 2505, CORNELIUS, NC, 28031-2505 Endt. No. 001 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NEW SUBSIDIARY, MERGER, CONSOLIDATION OR ACQUISITION - SPECIALTY RISKS ENDORSEMENT I. Section II — Definitions, subsection 1 within the definition of Subsidiary, is deleted and replaced with the following: 1. Subsidiary also includes any corporation which becomes a subsidiary during the policy period, provided that as soon as practical, you have: a. provided us with full details of the new subsidiary including a completed and signed subsidiary application any other underwriting information we may require; b. agreed to and paid any additional premium related to the subsidiary, if projected gross annual revenues of the new subsidiary are equal to or greater than Thirty -Five percent (35%) of the projected gross annual revenues for all of you on the Start Date of this policy; and c. agreed to any change in the terms and conditions of this policy required by us relating to the new subsidiary. 11. Section VII — Conditions, subsection 2 within J. Mergers, Consolidations or Acquisitions, is deleted and replaced with the following: 2. We may endorse this policy to provide coverage beyond the period of time indicated in item 1. above if, as soon as practical after the merger, consolidation or acquisition transaction, you have: a. provided us with full details of the transaction and any other additional underwriting information that we may require; b. agreed to any amendment of the terms and conditions of this policy by endorsement issued by us relating to such transaction; and c. agreed to and paid any additional premium for the endorsement related to such transaction, if, as a result of the transaction, projected gross annual revenues for all of you increases Thirty -Five percent (35%) or more over the projected gross annual revenues on the Start Date of this policy. All other terms and conditions remain unchanged. FS 00 H362 00 1016 FailSafe® Page 1 of 1 © 2016, The Hartford Policy Number: 76 SBU AJ3T2S Effective Date of this Endorsement: 11/10/2023 Named Insured and Address: C2, LLC, PO BOX 2505, CORNELIUS, NC, 28031-2505 Endt. No. 001 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAR EXCLUSION WITH CYBER TERRORISM CARVE -BACK This endorsement modifies insurance provided under: FailSafesm Enterprise Liability POLICY You and we agree that: Section III - Exclusions, Subsection A is amended to add the following: Named Insured and Address: This insurance does not apply to damages, first party expense or claim expenses, and we do not defend any of you, for any wrongful act or claim arising indirectly or directly out of: 1. war, including undeclared or civil war; or 2. warlike action, including action in hindering or defending against an actual, threatened or expected attack, by a military force, any government, sovereign or other authority using military personnel or other agents; or 3. insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these; Provided, however, that this exclusion will not apply to any act of cyber terrorism. Section II — Definitions is amended to add the following: cyber terrorism means the premeditated use, or threatened use, of disruptive activities, including a cyber extortion threat against your computer systems, by an individual or group of individuals, whether acting alone or on behalf of or in connection with any organization or government, with the intent to demand a cyber extortion payment, cause a network intrusion, or violate data privacy laws, in furtherance of stated social, ideological, religious, economic or political objectives, or to intimidate the insured in furtherance of such objectives. All other terms and conditions of the policy remain unchanged. FS 00 H902 00 0919 FailSafe® Page 1 of 1 © 2019, The Hartford Policy Number: 76 SBU AJ3T2S Effective Date of this Endorsement: 11/10/2023 Named Insured and Address: C2, LLC, PO BOX 2505, CORNELIUS, NC, 28031-2505 Endt. No. 001 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NORTH CAROLINA AMENDATORY ENDORSEMENT You and we agree that: Section V — Limits Of Liability And Retention, subsection A.2 Aggregate Limit is deleted and replaced with the following: 2. Aggregate Limit The Aggregate Limit stated in item 4 of the Declarations is the most we will pay for any combination of claim expenses and damages for the total of all claims made during the policy period, including the Basis Extended Reporting Period and the Optional Extended Reporting Period, regardless of the number of: a. you this policy covers; b. claims that are made; c. persons or entities making claims; or d. wrongful acts that are committed. Section VI — Extended Reporting Periods is deleted and replaced with the following: A. Terms Applicable to Both Types of Extended Reporting Period An Extended Reporting Period changes the time within which a claim may be made against you and still be reported by you, and considered by us, for coverage in accordance with the terms of this policy. This policy has three types of Extended Reporting Periods: the Basic Extended Reporting Period, the Optional Extended Reporting Period and the Optional Aggregate Limit Reinstated Extended Reporting Period. The Basic Extended Reporting Period, the Optional Extended Reporting Period and the Optional Aggregate Limit Reinstated Extended Reporting Period: 1. provide coverage for claims that are first made against you during such applicable Extended Reporting Period, but: a. we will not pay damages or claim expenses or defend any of you for any wrongful act or claim arising out of or in any way related to any actual or alleged wrongful act that is committed during an Extended Reporting Period; and b. only if, there is no other insurance for the claim; 2. do not extend the policy period or add to the scope of coverage provided as of the end of the policy period; and 3. are not renewable. The Basic Extended Reporting Period and the Optional Extended Reporting Period do not reinstate or increase the Limits of Liability. The Limits of Liability for the Basic and Optional Extended Reporting Periods will be part of, and not in addition to, the Limits of Liability listed on the Declarations for the policy period. FailSafe° Page 1 of 3 FS 32 H004 00 1016 © 2016, The Hartford The Optional Aggregate Limit Reinstated Extended Reporting Period provides a separate Aggregate Limit that will be in the amount of 100% of the Aggregate Limit stated in item 4 of the Declarations at the Start Date of this policy. Only one Aggregate Limit is provided for the Optional Aggregate Limit Reinstated Extended Reporting Period regardless of the number of you: this policy covers; claims that are made; persons or entities making claims; years included in the Optional Aggregate Limit Reinstated Extended Reporting Period; or wrongful acts that are committed. The each wrongful act Limit remains subject to the Aggregate Limit and will not increase or be reinstated. Within forty-five (45) days after the mailing or delivery of the written request of the first named insured, we shall mail the following loss information covering a three (3) year period: a. Aggregate information on total closed claims, including date and description of the wrongful act, and any paid losses; b. Aggregate information on total open claims, including date and description of the wrongful act, and amounts of any payments; and c. Information on notice of any wrongful act, including date and description of the wrongful act. B. Basic Extended Reporting Period We will automatically provide a Basic Extended Reporting Period if this policy is: 1. cancelled; 2. non -renewed; or 3. renewed by us with insurance that does not apply on a claims made or claims made and reported basis. The Basic Extended Reporting Period begins with the end of the policy period and lasts for ninety (90) days. C. Optional Extended Reporting Period and Optional Aggregate Limit Reinstated Extended Reporting Period 1. For an additional premium, we will offer an Optional Extended Reporting Period endorsement or Optional Aggregate Limit Reinstated Extended Reporting Period, unless this policy is cancelled for non-payment of premium or Retention or for your failure to comply with policy provisions. 2. If the Optional Extended Reporting Period or Optional Aggregate Limit Reinstated Extended Reporting Period endorsement is purchased, the Optional Extended Reporting Period or Optional Aggregate Limit Reinstated Extended Reporting Period begins with the end of the policy period and lasts for the period of time stated in the endorsement. . In accordance with the terms and conditions of the policy, the insured may purchase either the Optional Extended Reporting Period or the Optional Aggregate Limit Reinstated Extended Reporting Period, but not both. 3. Optional Extended Reporting Period or Optional Aggregate Limit Reinstated Extended Reporting Period coverage is available only if: a. the first named insured has paid all premiums and Retentions due for this policy at the time the first named insured requests an Optional Extended Reporting Period endorsement; b. we receive the first named insured's written request for it within thirty (30) days after the end of the policy period; c. the first named insured gives us written acceptance of our offer within fifteen (15) days of the day that we make our offer; and d. we receive payment in full for the Optional Extended Reporting Period or the Optional Aggregate Limit Reinstated Extended Reporting Period within thirty (30) days of the first named insured's acceptance of our offer. 4. Once in effect, the Optional Extended Reporting Period or the Optional Aggregate Limit Reinstated Extended Reporting Period cannot be cancelled. We need not return any part of the premium paid for any reason whatsoever. 5. Premium for the Optional Extended Reporting Period or the Optional Aggregate Limit Reinstated Extended Reporting Period will be determined by taking into account the following: a. the exposures insured; b. previous types and amounts of insurance; FailSafe° Page 2 of 3 FS 32 H004 00 1016 © 2016, The Hartford c. Limits of Liability available under this policy for future payment of wrongful acts and claim expenses; and d. other related factors. Section VII. Conditions, paragraph 0., Representations and Statements, paragraph 2., is deleted and replaced with the following: 2. the representations and statements made to us in the application and other information submitted to us were made by the named insured on behalf of all of you; they are material to our decision to provide coverage; they are considered as incorporated in, constituting part of this policy and physically attached hereto; All other terms of the policy remain unchanged. FailSafe® Page 3 of 3 FS 32 H004 00 1016 © 2016, The Hartford THE HARTFORD U.S. DEPARTMENT OF THE TREASURY, OFFICE OF FOREIGN ASSETS CONTROL ("OFAC") ADVISORY NOTICE TO POLICYHOLDERS No coverage is provided by this Policyholder Notice nor can it be construed to replace any provisions of your policy. You should read your policy and review your Declarations page for complete information on the coverages you are provided. This Notice provides information concerning possible impact on your insurance coverage due to directives issued by the United States. Please read this Notice carefully. The Office of Foreign Assets Control ("OFAC") of the U.S. Department of the Treasury administers and enforces economic and trade sanctions based on U.S. foreign policy and national security goals against targeted foreign countries and regimes, terrorists, international narcotics traffickers, those engaged in activities related to the proliferation of weapons of mass destruction, and other threats to the national security, foreign policy or economy of the United States. OFAC acts under Presidential national emergency powers, as well as authority granted by specific legislation, to impose controls on transactions and freeze assets under U.S. jurisdiction. OFAC publishes a list of individuals and companies owned or controlled by, or acting for or on behalf of, targeted countries. It also lists individuals, groups, and entities, such as terrorists and narcotics traffickers designated under programs that are not country -specific. Collectively, such individuals and companies are called "Specially Designated Nationals and Blocked Persons" or "SDNs". Their assets are blocked and U.S. persons are generally prohibited from dealing with them. This list can be located on OFAC's web site at — http//www.treas.gov/ofac. In accordance with OFAC regulations, if it is determined that you or any other insured, or any person or entity claiming the benefits of this insurance has violated U.S. sanctions law or is an SDN, as identified by OFAC, the policy is a blocked contract and all dealings with it must involve OFAC. When an insurance policy is considered to be such a blocked or frozen contract, no payments nor premium refunds may be made without authorization from OFAC. HG 00 H129 00 1016 2-50002 © 2016, The Hartford Page 1 of 1 ENDORSEMENT NO: 001 This endorsement, effective 12:01 am 11/10/2023 forms part of policy number 76 SBU AJ3T2S issued to: C2, LLC by: Hartford Fire Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NORTH CAROLINA CANCELLATION AND NONRENEWAL ENDORSEMENT Wherever used in this endorsement: 1) "Insurer" means the insurance company which issued this policy; and 2) "Insured" means the Name of Insured, Name of Company, Name of Partnership, Parent Company, Name of Insured Plan or Trust, Name of Insured Entity, Named Entity, Named Real Estate Investment Trust(s), Name of Sponsor Company or Insured stated in ITEM A or ITEM 1 of the Declarations Page. The Cancellation provision of this Policy is deleted and replaced by the following: NOTICE OF CANCELLATION A. The Insured may cancel this Policy by mailing or delivering to the Insurer advance written Notice of Cancellation. B. Policies in Effect for Less Than Sixty (60) Days If this Policy has been in effect for less than sixty (60) days or if it is not a renewal policy issued by the Insurer, the Insurer may cancel this Policy by delivering or mailing a Notice of Cancellation to the Insured, at the last mailing address known to the Insurer, at least fifteen (15) days before the effective date of cancellation. The Notice of Cancellation will contain the reason for the cancellation. C. Policies in Effect for Sixty (60) Days or More The Insurer may not cancel a policy in effect for sixty (60) days or more except for one or more of the following reasons: 1. Nonpayment of premium; 2. An act or omission by the Insured or other Insured(s) or a representative of same that constitutes material misrepresentation or nondisclosure of a material fact in obtaining this Policy, continuing this Policy, or presenting a Claim under this Policy; 3. Increased hazard or material change in the risk assumed that could not have been reasonably contemplated by the parties at the time of assumption of the risk; 4. Substantial breach of contractual duties, conditions, or warranties that materially affect the insurability of the risk; 5. A fraudulent act against the Insurer by the Insured or other Insured(s) or a representative of same that materially affects the insurability of the risk; HR 32 H001 00 0604 ©2004, The Hartford Page 1 of 2 ENDORSEMENT NO: 001 6. Willful failure by the Insured or other Insured(s) or a representative of same to institute reasonable loss control measures that materially affects the insurability of the risk after written notice by the Insurer; 7. Loss of facultative reinsurance, or loss of or substantial changes in applicable reinsurance; 8. Conviction of the Insured or other Insured(s) of a crime arising out of acts that materially affect the insurability of the risk; 9. A determination by the Commissioner of Insurance that the continuation of this Policy would place the Insurer in violation of the laws of this State; or 10. The Insured fails to meet the requirements contained in the corporate charter, articles of incorporation, or bylaws of the Insurer, when the Insurer is a company organized for the sole purpose of providing members of an organization with insurance coverage in this State. D. Cancellation is not effective unless written Notice of Cancellation is mailed or delivered to the Insured, at the last mailing address known to the Insurer, at least fifteen (15) days before the effective date of cancellation. The Notice of Cancellation will state the reason for cancellation. E. If this Policy shall be cancelled by the Insured, the Insurer shall retain the customary short rate proportion of the premium hereon, except as otherwise provided in this Policy. If the Insurer cancels this Policy, the Insurer shall retain the pro rata proportion of the premium hereon. The following provisions are added: NOTICE OF NONRENEWAL The Insurer may nonrenew this Policy by mailing or delivering a written Notice of Nonrenewal to the Insured at least forty-five (45) days prior to this Policy expiration date (or anniversary if this Policy has been written for a term of more than one (1) year). The Notice of Nonrenewal will state the reason for nonrenewal. METHOD OF NOTIFICATION All Notices of Cancellation or Nonrenewal must be mailed or delivered to the Insured, the agent or broker of record and any designated mortgagee or loss payee at their address shown in this Policy, or if not indicated in this Policy at their last known address. The Notice of Cancellation or Nonrenewal must state the reason for cancellation or nonrenewal. Proof of mailing is sufficient proof of notice. Failure to send the Notice of Cancellation or Nonrenewal to any designated mortgagee or loss payee invalidates the cancellation only as to the mortgagee's or loss payee's interest. All other terms and conditions remain unchanged. HR 32 H001 00 0604 ©2004, The Hartford Page 2 of 2 THE HARTFORD IN WITNESS WHEREOF, the Company has caused this bond to be executed and attested. HARTFORD FIRE INSURANCE COMPANY HOME OFFICE — HARTFORD, CONNECTICUT ADMINISTRATIVE OFFICES - HARTFORD, CONNECTICUT (A STOCK INSURANCE COMPANY MEMBER OF THE HARTFORD) Kevin Barnett, Secretary F-5211-0 RN 45 U001 00 0806 2-50002 ©2006, The Hartford M. Ross Fisher, President