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TUP 2025-0001 Outdoor Exhibit - Lululemon (03.03.2025) 1 March 6, 2025 APPLICANT Ms. Kellie Bryant Optimist Inc. 5431 W 104th Street Los Angeles, CA 90045 SUBJECT: TEMPORARY USE PERMIT 2025-0001: LULULEMON BIG FOE AT INDIAN WELLS OUTDOOR EXHIBIT – AMENDMENT NO. 1 The City of La Quinta has received your request to extend the outdoor exhibit from March 9 to March 12, 2025 and hereby approves this request. The Condition of Approval #3 has been amended to reflect this. The outdoor exhibit must adhere to this and the conditions of approval within the original approval letter dated March 3, 2025. AMENDMENT TO CONDITION OF APPROVAL NO. 3 IN THE APPROVAL LETTER DATED MARCH 3, 2025 3. The exhibits may be on display from February 27, 2025 through March 12, 2025 and are accessible between the hours of 10:00 am until 6:00 pm. Jack Lima, Assistant Planner Design and Development Department ta �GLINW March 3, 2025 Ms. Kellie Bryant Optimist Inc. 5431 W 1041" Street Los Angeles, CA 90045 SUBJECT: TEMPORARY USE PERMIT 2025-0001: LULULEMON BIG FOE AT INDIAN WELLS OUTDOOR EXHIBIT Dear Ms. Bryant: The City of La Quinta Design and Development Department has reviewed and approved Temporary Use Permit (TUP) 2025-0001 for a temporary photography playground exhibit promotional event consisting of three (3) oversized tennis props, signage, complimentary vending machine, 320sf modular office, temporary generator, and temporary lighting towers. The exhibits are located at (APNs) 604-630-007 and 604-630-012 located at the southeast corner of Washington and Miles Avenue. The exhibits may be on display from February 27, 2025 through March 9, 2025 and accessible between the hours of 10:00 am until 6:00 pm. The event is subject to the information on file and attached, including the following Findings and Conditions of Approval. FINDINGS • The event will not be detrimental to the health, safety and general welfare of the community in the area of the proposed event. • There is adequate area to conduct the event and to accommodate the anticipated attendance. • Parking plan has been provided that demonstrates sufficient parking will be provided for the anticipated attendance and the potential impacts on the surrounding residential streets are minimized, to the satisfaction of the Design and Development Director. • Fire protection plans and facilities have been provided to the satisfaction of the fire marshal. • Public roadways providing access to the event are capable of accommodating the anticipated traffic volumes in a reasonable and safe manner with minimal disruption to local traffic circulation. CONDITIONS OF APPROVAL: 1. By issuance of this permit, the applicant agrees to indemnify, defend, and hold harmless the City of La Quinta ("the City"), its agents, officers and employees in the event of any ta �GLINW legal claim or litigation arising out of the City's approval of this project. The City of La Quinta shall have the right to select its defense counsel at its sole discretion. The City shall promptly notify the applicant of any claim, action or preceding and shall cooperate fully in the defense. 2. The location of the exhibits is limited to legal parcels (APNs) 604-630-007 and 604-630- 012 located at the southeast corner of Washington and Miles Avenue. 3. The exhibits may be on display from February 27, 2025 through March 9, 2025 and are accessible between the hours of 10.00 am until 6.00 pm. 4. The exhibit display shall be conducted per the Statement of Operations attached to this approval and on file with the City. 5. The applicant shall pay Open Space Use Fees for use of the City property at APN 604- 630-007, consistent with the 2024 Master Fee Schedule (City Council Resolution 2024- 031), at the maximum daily rate of $440 for the duration of the exhibit (11 days) including set-up and tear -down dates, in the amount of $4,840 . 6. The applicant shall provide insurance with the City as named insured for the exhibition with the following coverages: • General Liability — $1 M per occurrence / $2M general aggregate • General Liability — Additional Insured Endorsement (for ongoing and completed operations) • General Liability — Primary / Non-contributory Endorsement • Automobile Liability — $1 M combined single limit • Workers' Compensation — Statutory Limits / Employer's Liability $1 M per accident or disease • Workers' Compensation — Waiver of Subrogation Endorsement 7. The exhibits shall be removed and the premises cleared of all debris and restored to pre - exhibit conditions by the end of March 9, 2025. The permittee may be required to stabilize all disturbed areas of the site for an additional cost if the City Engineer deems necessary. 8. Any damage to public hardscape due to the installation and/or removal of the directional signs shall be repaired as directed by the City Engineer. This includes but is not limited to sidewalks, curb and gutter, landscaping, and pavement especially within the surrounding public streets. 9. Temporary signs shall not be located closer than five (5) feet from the edge of the paved ta aura area of any public road or street and shall not be posted within any medianlocated in a public road or street. Temporary signs shall not be posted in a manner which obstructs the visibility of traffic or street signs, signals, and emergency equipment pursuant to La Quinta Municipal Code Section 9.160.060. All signage must be removed at the conclusion of the event, or each sign is subject to a $50.00 fine. Please contact the Code Compliance Department at (760) 777-7050 regarding removal of signage. 10.Outdoor operations shall comply with the City of La Quinta's outdoor noise ordinance, per Section 9.100.210 and the City of La Quinta's outdoor lighting ordinance, per Section 9.100.150 of the La Quinta Municipal Code. 11.Adequate pedestrian and vehicular access shall be maintained around displays, temporary structures, and the generator. Roadways, parking areas, and pedestrian traffic aisles outside the proposed area shall be always maintained accessible. 12. The facility shall not engage in the sale of any merchandise or other activities not contained herein. 13.All electrical wirings must comply with the California Electrical Code as well as Building and Safety Requirements. No zip cords will be allowed. All extension cords must be connected to a circuit protected outlet. Use of generators shall comply with the California Fire Code and Building Code. 14. A separate Building and Fire Special Inspection shall be required. Adherence to these conditions, as outlined, will ensure that adverse impacts to surrounding properties and businesses will be minimized. The City may elect to add conditions to this application to mitigate any problems that arise not previously addressed herein. If you have any questions, please contact me at (760) 777-7195 or jlima laguintaca.gov Sincerely, Jack Lima Assistant Planner Design and Development Department Cc Danny Castro, Design and Development Director CAL FIRE - RIVERSIDE UNIT RIVERSIDE COUNTY FIRE DEPARTMENT BILL WEISER -- FIRE CHIEF OFFICE OF THE FIRE MARSHAL — LA QUINTA LALU;QRMA 78495 Calle Tampico, La Quinta, CA 92253 • Phone (760) 777-7000 • www.rvcfire.org February 27, 2025 OPTIMISTIC INC 5431 W 104th Street Los Angeles, CA, CA 90045 kbryantgoptimi stinc. com Re: Special Event Operational Fire Plan Review — LULU LEMON ROCK GARDEN/GENERATOR TUP2025-0001 (45200 WASHINGTON ST LA QUINTA, CA 92253) The plans you submitted for the above referenced project have been reviewed by Riverside County Fire Department - Office of the Fire Marshal personnel and are approved with the following conditions. FIRE LANES/ACCESS [CFC 503] No designated fire lanes, fire hydrants or any other Fire Department appliances shall be blocked or obstructed. Fire lanes shall be clearly identified in an approved manner throughout the event grounds by posting "NO PARKING FIRE LANE" or other approved means. All motor vehicles shall be parked in designated parking areas. GENERATORS AND INTERNAL COMBUSTION POWER SOURCES Generators (and/or internal combustion power sources) shall be separated from temporary membrane structures, tents, canopies by a minimum of 20 feet and be isolated from contact with the public [CFC 3107.16]. Additional fuel containers will not be allowed to be stored with the generator. Each generator will need to have a IOBC fire extinguisher, with a current service tag (within one year). Combustible material (including trash) shall be kept clear of the generators. Generators must be properly grounded. EXTENSION CORDS Extension cords shall be over -current protected and/or ground -fault interrupter protected. No additional taps are to be in any device. All extension cords shall be of 12/3 gauge wire or greater with approved connectors. FIRE INSPECTION Prior to this Special Event, you must be cleared by the Fire Department by way of a Pre -Event Fire Safety Inspection. Applicant/installer shall be responsible for contacting the Fire Department to schedule inspections. Requests for inspections are to be made at least 48 hours in advance and may be arranged by emailing FireBusinessMail@LaQuintaCA.org. All questions regarding the meaning of these conditions should be referred to the Office of the Fire Marshal staff at (760)777-7074. Lucero Ifiiguez - Fire Safety Specialist RIVERSIDE COUNTY FIRE PROTECTION PLANNING • RECORD OF INSPECTIONS / PERMIT CARD ZQV au&a THIS CARD IS TO REMAIN ON SITE AT ALL TIMES. - CALIFORNIA - INSTALLING CONTRACTOR MUST BE PRESENT FOR ALL INSPECTIONS. SEE NOTES ON REVERSE SIDE. JOB ADDRESS: 45200 Washington St, La Quinta PERMIT#: TUP2025-0001 — FIRE INSP ISSUED:02/27/25 DESCRIPTION: LULU LEMON ROCK GARDEN / GENERATOR CONTRACTOR: OPTIMISTIC INC/SMS GENERATORS HYDRANT SYSTEM DATE INITIALS SPECIAL SUPPRESSION DATE INITIALS Thrust block pre -pour Door fan test UG rough piping Abort test UG hydro Mechanical shutdown Flush Detector test Final E F Deluge/pre-action SPRINKLER U.G. Final EF Thrust block pre -pour UST/AST TANK UG rough piping Installation UG hydro Removal Flush Emergency shut off Final E F Primary piping FIRE SPRINKLER Secondary piping Weld inspection Dispensers & shear valves Overhead rough piping Final EF Overhead hydro MISC. INSPECTIONS UG flush / OK to connect Spray booths Main drain/inspectors' test Hood/duct extinguishing High pile storage High pile rack storage In -rack sprinklers H.P. vents/access/corridors Hose racks Tract access/hydrant verification Final E F Access & Address verification HOOD EXTINGUISHING OTHER CONST. PERMIT Detection system Function test Gas/electrical shut-off Nozzle model/placement Fire alarm connection Final EF SPRAY BOOTHS FIRE CODE PERMIT(S) Installation OUTDOOR PUBLIC EVENT Air flow test SPEC. AMUSEMENT STRUCTURE Mechanical interlock TENT/CANOPY Extinguishing system PYROTECHNIC Fire alarm connection OPEN FLAME DEVICE Final EF GENERATOR FIRE ALARM KNOX SYSTEM Rough -wire inspection Building Knox box Function test Gate access Knox box/padlock Duct detectors/velocity BUILDING INSPECTIONS 24 hr. battery test T/I final Sprinkler monitoring Shell final Final E F Final for occupancy FINAL INSPECTION DATE: INSPECTORS SIGNATURE: **WHEN CALLING FOR AN INSPECTION PLEASE HAVE PERMIT NUMBER READY. SEE NOTES ON REVERSE SIDE- 78495 CALLE TAMPICO, LA QUINTA, CA 92253 / 760-777-7000 / INSPECTION EMAIL: FIREBUSINESSMAIL@LAQUINTACA.GOV INSPECTION NOTES 1. Sway bracing and hangers will be inspected at the time of rough piping inspection. 2. All required hydrostatic pressure tests shall maintain 200 psi for a 2-hour duration. (EX: Residential Fire Sprinkler Systems) 3. Fire sprinkler system remodels: if indicated on plans or this card, a hydrostatic pressure test shall be required. 4. All underground joints and thrusts blocks shall be exposed and readily visible during the hydrostatic test. 5. Contractor shall supply all testing equipment, access and operating instructions at time of test. 6. All systems shall be inspected, tested, and approved by a Fire Inspector before any work is started that may cause the affected system to be covered or hidden. POLICIES ON FIELD INSPECTIONS A. INSPECTION REQUESTS: Inspections are made subject to availability. Please have the permit number available when scheduling inspections. For City of La Quinta inspections email FireBusinessMail@LaQuintaCA.org. B. APPROVED PLANS: Shall be kept on the job site at all times that work is in progress. Work shall NOT commence without approved plans. C. INSPECTION REQUESTS: As required by the California Fire Code, the appropriate installing contractor shall be required to schedule the necessary inspections and be present on site for inspections. D. RE -INSPECTIONS: Will be charged against a permit when an inspection has failed, is not ready, the responsible party not on site or where previously noted corrections have not been completed. E. COMMODITIES: Unless otherwise noted on approved plans or letter of conditions, no commodities shall be entered into the structure until clearance has been granted by the Fire Dept and Building Official. F. OCCUPANCY: Buildings shall NOT be occupied by persons other than construction workers until a Final Fire Clearance has been granted by the Fire Dept and a Certificate for Occupancy has been issued by the Building Official. INSPECTION NOTES: T U P2025-0001 /BS P N -0006 THIS CARD IS REQURIED TO BE POSTED AT THE CONSTRUCTION SITE. HIS CARD AND APPROVED PLANS MUST BE AVAILABLE AT THE CONSTRUCTION SITE FOR ALL INSPECTIONS. THIS PERMIT SHALL EXPIRE AND BECOME NULL AND VOID IF THE WORK AUTHORIZED IS NOT COMMENCED WITHIN 180 DAYS OR IF THE WORK IS SUSPENDED OR ABANDONED FOR A PERIOD OF 180 DAYS OR MORE. THIS PERMIT IS FOR FIRE DEPARTMENT APPROVAL ONLY AND DOES NOT INTEND TO ABROGATE MORE RESTRICTIVE REQUIREMENTS OF OTHER AGENCIES HAVING RESPONSIBILITY. 78495 CALLE TAMPICO, LA QUINTA, CA 92253 / 760-777-7000 / INSPECTION EMAIL: FIREBUSINESSMAIL@LAQUINTACA.GOV r ..I OReal Estate Sign Aff ied-pn existing real estate signage © Chain S .... 4 W Wn' rk................... .. ., 0 Racket 1 T 0Balls + Chair i Platform T 006.00 2M 00 f 240.00 . 54000 12000. 31AM OFFICE ] 019ER,TOR 0 0 OPTIMIST C • • • • • DENOTES PROPERTY LINE © CNNN I E - DIMENSIONS: 12'W X4'DX10'H - FOAM SCULPT, HIAIAN b COAT. D SCENIC PAINT F INISHED CHAIN AND LOGO METAL BASE AND INTERNAL ARMATURE RACKET © DIME NSIONS: 27'W X 10 H X-SW FORMED RACKET FRAME INTERNAL ARMATURE AND ATTACHMENT CNC'D ACRYLIC 'STRINGS' - METAL EIASEPLATE - 6' INFLATABLE BALL 0 PLATFORM DIMENSIONS tow X 16 D WITH 4 WIDE STOCK STEPS CLADDED STEPS 6 SIDE STOCK OSHA BUCK RAILING MOT AS PER DESIGN) GRAPW FLOOR ON TOP DECK AND TOP OF EACH STEP VENDING MACHINE 0 DIMENSIONS 69'W X 40'D X 10'H WALL FLAT STRUCTURE SURROUND FOR CLIENT SUPPLIED VENDING MACHINE - DISPLAY CASE WITH CLEAR ACRYLIC FRONT, ACRYLIC SHELVING, AND MIRROR ACRYLIC BACKER SINGLE COLOR WHITE LED TOP LIGHTING FOR EACH SHELF CUTOUT FOR VENDING TV A RECEIVING OPENING ACRYLIC RISING DOOR FOR RECEMNG OPENING PRINTED 'HEADBAND* MOUNTED TO PLYWOOD BOARD WITH FOAM &OR BATTING ® NEOME - DIMENSIONS: 6'H x 1'W x 30'L FOAM SbGNAGE WITH STEEL BASEPLATES O UMNIINM CHAIR DIMENSIONS 6 H X -4'6'W . 6 WD - PLYWOOD AND LUMBER CONSTRUCTION WITH VISIBLE FASTENERS - WHITE SCENIC PAINT FINISH (1) 10', (2) 6', (2) 4', (2) 2' INFLATABLE BALL O MOBILE OFFICE DIMENNSIONS: 40' x 8'W x 8'H 4 GENERATOR IIi POWER DROP LIGHT TOWER - LIGHT TOWER ELECTRIC PUSHAROUND PLANNING APPROVAL ADMINISTRATIVE CASE# TUP2025-0001 EXHIBIT# INITIAL � J.LIMA DATE 3/3/2025 INDIAN WELLS 202S OPTIMIST Event Name: lululemon BIG FOE at Indian Wells Event Location: Washington St. & Miles (45245 Selley Drive, La Quinta, CA, 92253 ) Event Date: Install: February 27 - March 1 st Activation Dates: March 2, 2025 - March 8, 2025 // 10A - 6P, Daily Strike: March 8, 2025 - March 9, 2025 Event Description: We are looking to build a photography playground in which fans of the newest lululemon Tennis Ambassador, Frances Tiafoe, can come and take photos with enlarged tennis props. These will be designed to look as though they fell into the desert and froze at their natural landing point. In addition to the sculptures placed throughout the lot, fans will have the opportunity to visit a vending machine on a a platform. This vending machine will offer fans the ability to confirm that they are members of Lululemon's membership program OR scan a QR code, that allows them to join. Once they've joined, they will be able to "press to dispense" a complimentary fan gear headband that they can wear around town or when they go to cheer on Frances Tiafoe at the tournament. During operating time, this location is fully staffed with brand ambassadors, security and production team to ensure the safety of all guests and prop elements. During non -operational hours, this location will be secured by overnight security. Parking: We anticipate a majority of visitors to this location will be on foot, coming to/from the Indian Wells Tournament. There is an existing public parking zone directly across the street. (EX.A) If they are specifically coming to this sculpture garden, an adjacent parking lot exists within the rented property. This allows for approximately 20 - 25 guest vehicles to be parked. 1 ee no J .0to Paaviion Vta: Enter nse Ren A Car P •,•a•es.,•.�••,�,+f. 1••�r_ L �.M Ies Arm, MilesAw , �M9esAve'N ndia W"Ills! MdasAvip Sl 'en i in • �f Exhibit A Public Parking � i DATE (MM/DD/YYYY) A� " CERTIFICATE OF LIABILITY INSURANCE 01 /2212025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Marsh Risk & Insurance Services NAME: CA License #0437153(A/C.PHONENo.Ext : aC No): 633 W. Fifth Street, Suite 1200 E-MAIL Los Angeles, CA 90071 ADDRESS: CN118991002—GAWUP- INSURED Optimist, Inc. 5431 W. 104th Street Los Angeles, CA 90045 INSURER A: Valley Forge Insurance Co 20508 INSURER B: Continental Insurance Company 35289 INSURER C : N/A N/A INSURER D : INSURER E : COVERAGES CERTIFICATE NUMBER: LOS-002798470-01 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF MM/DD/YYW POLICY EXP MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY 6050066345 10/12/2024 1 10/12/2025 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE X� OCCUR DAMAGE TO PREMISESEa o.urrDence $ 1,000,000 _7 MED EXP (Any one person) $ 15,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY PRO ❑ LOC JECT PRODUCTS - COMP/OP AGG $ 2,000,000 $ OTHER: A AUTOMOBILE LIABILITY 6050066331 10/12/2024 10/12/2025 COMBINED SINGLE LIMIT Ea accident $ 1,000,000 BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ X PROPERTY DAMAGE Per accident $ HIRED NON -OWNED AUTOS ONLY X AUTOS ONLY $ B X UMBRELLA LIAB X OCCUR 6050066281 10/12/2024 10/12/2025 EACH OCCURRENCE $ 2,000,000 AGGREGATE $ 2,000,000 EXCESS LIAB CLAIMS -MADE DIED I I RETENTION $ $ B B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBEREXCLUDED? LN] (Mandatory in NH) N/A 6050066328 (CA) 6050066300 AOS ( ) CO,IL,NY,FL,NJ,PA,OR,VT,NC,MA ( ) 10/12/2024 10/12/2024 10/12/2025 10/1212025 X I STATUTE ERH E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 A Property 6050066345 10/12/2024 10/12/2025 Limits See Attached Special Form DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Proof of insurance Iraq iildr011%I=1:roll 11=1 ael.raz>AAillillIlrel. Optimist, Inc. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 5431 W. 104th Street THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Los Angeles, CA 90045 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE XtW aRa & © 1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 'O AGENCY Marsh Risk & Insurance Services POLICY NUMBER CARRIER ADDITIONAL REMARKS AGENCY CUSTOMER ID: CN118991002 LOC #: Los Angeles ADDITIONAL REMARKS SCHEDULE NAMED INSURED Optimist, Inc. 5431 W.104th Street Los Angeles, CA 90045 NAIC CODE EFFECTIVE DATE: THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance Policy Limits: Blanket Real Property: $14,660,000; Blanket Personal Property: $4,710,000; Tenant improvement & betterments: $2,000,000 (loc. 5441 W. 104th St., Los Angeles, CA 90045). Blanket Business Income and Extra Expense $1,444,000. INLAND MARINE: Inland Marine Floater: $1,000,000 Limit for Rented Equipment Tor all property COls, please include in description. Other deductibles may apply as per policy terms and conditions. Page 2 of 2 ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ON" CNA CNA PARAMOUNT General Liability Extension Endorsement 1. ADDITIONAL INSUREDS a. WHO IS AN INSURED is amended to include as an Insured any person or organization described in paragraphs A. through K. below whom a Named Insured is required to add as an additional insured on this Coverage Part under a written contract or written agreement, provided such contract or agreement: (1) is currently in effect or becomes effective during the term of this Coverage Part; and (2) was executed prior to: (a) the bodily injury or property damage; or (b) the offense that caused the personal and advertising injury, for which such additional insured seeks coverage. b. However, subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with: (1) a higher limit of insurance than required by such contract or agreement; or (2) coverage broader than required by such contract or agreement, and in no event broader than that described by the applicable paragraph A. through K. below. Any coverage granted by this endorsement shall apply only to the extent permissible by law. A. Controlling Interest Any person or organization with a controlling interest in a Named Insure , but only with respect to such person or orqanization's liability for bodily injury, property damage or personal and advertising injury arising out of: 1. such person or organization's financial control of a Named Insured; or 2. premises such person or organization owns, maintains or controls while a Named Insured leases or occupios such promisos; provided that the coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf or, or rut suds additional insured. B. Co-owner of Insured Premises A co-owner of a premises co -owned by a Named Insured and covered under this insurance but only with respect to such co -owner's liability for bodily injury, property damage or personal and advertising injury as co-owner of such premises. C. Grantor of Franchise Any person or organization that has granted a franchise to a Named Insured, but only with respect to such person or organization's liability for bodily injury, property damage or personal and advertising injury as grantor of a franchise to the Named Insured. D. Lessor of Equipment Any person or organization from whom a Named Insured leases equipment, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused, in whole or in part, by the Named Insured's maintenance, operation or use of such equipment, provided that the occurrence giving rise to such bodily injury, property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease. CNA74879XX (1-15) Policy No: 6050066345 Page 2 of 13 Endorsement No: 6 CONTINENTAL CASUALTY COMPANY Effective Date: 10/12/2024 Insured Name: OPTIMIST, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with Its permission. U-4 CNA CNA PARAMOUNT General Liability Extension Endorsement E. Lessor of Land Any person or organization from whom a Named Insured leases land but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of the ownership, maintenance or use of bucll land, provided that the occurrence giving rise to such bodily injury or property damage, or the offense giving rise to such personal and advertising injury, takes place prior to the termination of such lease. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. F. Lessor of Premises An owner or lessor of premises leased to the Named Insured, or such owner or lessor's real estate manager, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of the ownership, maintenance or use of such part of the premises leased to the Named Insured, and provided that the occurrence giving rise to such bodily injury, property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. G. Mortgagee, Assignee or Receiver A mortgagee, assignee or receiver of premises but only with respect to such mortgagee, assignee or receiver's liability for bodily injury, property damage or personal and advertising injury arising out of the Named Insured's ownership, maintenance, or use of a premises by a Named Insured. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. H. State or Governmental Agency or Subdivision or Political Subdivisions — Permits A state or governmental agency or subdivision or political subdivision that has issued a permit or authorization, but only with respect to such state or governmental agency or subdivision or political subdivision's liability for bodily injury, property damage or personal and advertising injury arising out of: 1. the following hazards in connection with premises a Named Insured owns, rents, or controls and to which this insurance applies: a. the existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoistaway openings, sidewalk vaults, street banners, or decorations and similar exposures; or b. the construction, erection, or removal of elevators; or c. the ownership, maintenance or use of any elevators covered by this insurance; or 2. the permitted or authorized operations performed by a Named Insured or on a Named Insured's behalf. The coverage granted by this paragraph does not apply to: a. Bodily injury, property damage or personal and advertising injury arising out of operations performed for the state or governmental agency or subdivision or political subdivision; or b. Bodily injury or property damage included within the products -completed operations hazard. With respect to this provision's requirement that additional insured status must be requested under a written contract or agreement, the Insurer will treat as a written contract any governmental permit that requires the Named Insured to add the governmental entity as an additional insured. CNA74879XX (1-15) Page 3 of 13 CONTINENTAL CASUALTY COMPANY Insured Name: OPTIMIST, INC. Copyright CNA All Rights Reserved. Policy No: 6050066345 Endorsement No: 6 Effective Date: 10 / 12 / 2 02 4 Includes copyrighted material of Insurance Servlces Office. Inc., with its permission. M CNA CNA PARAMOUNT General Liability Extension Endorsement 1. Trade Show Event Lessor 1. With respect to a Named Insured's participation in a trade show event as an exhibitor, presenter or displayer, any person or organization whom the Named Insured is required to include as an additional insured, but only with respect to such person or organization's liability for bodily injury, property damage or personal and advertising injury caused by: a. the Named Insured's acts or omissions; or b. the acts or omissions of those acting on the Named Insured's behalf, in the performance of the Named Insured's ongoing operations at the trade show event premises during the trade show event. 2. The coverage granted by this paragraph does not apply to bodily injury or property damage included within the products -completed operations hazard. J. Vendor Any person or organization but only with respect to such person or organization's liability for bodily injury or property damage arising out of your products which are distributed or sold in the regular course of such person or organization's business, provided that: 1. The coverage granted by this paragraph does not apply to: a. bodily injury or property damage for which such person or organization is obligated to pay damages by reason of the assumption of liability in a contract or agreement unless such liability exists in the absence of [lie cui ili act or agreement; V. any express warranty unauthorizod by tho Named Insured; c. any physical or chamiral change in any product made intentionally by such person or organization; d. repackaging, evr.Apt when imparked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; e. any failure to make any inspections, adjustments, tests or servicing that such person or organization has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; f. demonstration, installation, servicing or repair operations, except such operations performed at the such person or organization's premises in connection with the sale of a product; g. products which, after distribution or sale by the Named Insured, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for such person or organization; or h. bodily injury or property damage arising out of the sole negligence of such person or organization for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (1) the exceptions contained in Subparagraphs d. or f. above; or (2) such inspections, adjustments, tests or servicing as such person or organization has agreed with the Named Insured to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. 2. This Paragraph J. does not apply to any insured person or organization, from whom the Named Insured has acquired such products, nor to any ingredient, part or container, entering into, accompanying or containing such products. CNA74879XX (1-15) Policy No: 6050066345 Page 4 of 13 Endorsement No: 6 CONTINENTAL CASUALTY COMPANY Effective Date: 10/12/2024 Insured Name: OPTIMIST, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance services Office, Inc., with Its permission. R�Wvl CNA CNA PARAMOUNT General Liability Extension Endorsement 3. This Paragraph J. also does not apply: a. to any vendor specifically scheduled as an additional insured by endorsement to this Coverage Part; b. to any of your products for which covorage is excluded by enduisuirient to this Coverage Part; nor c. if bodily injury or property damage included within the products -completed operations hazard is excluded by endorsement to this Coverage Part. K. Other Person Or Organization Any person or organization who is not an additional insured under Paragraphs A. through J. above. Such additional insured is an Insured solely for bodily injury, property damage or personal and advertising injury for which such additional insured is liable because of the Named Insured's acts or omissions. The coverage granted by this paragraph does not apply to any person or organization: 1. for bodily injury, property damage, or personal and advertising injury arising out of the rendering or failure to render any professional service; 2. for bodily injury or property damage included within the products -completed operations hazard; nor 3. who is specifically scheduled as an additional insured on another endorsement to this Coverage Part. 2. ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY TO ADDITIONAL INSURED'S INSURANCE A. The Other Insurance Condition in the COMMERCIAL GENERAL LIABILITY CONDITIONS Section is amended to add the following paragraph: If the Named Insured has agreed in writing in a contract or agreement that this insurance is primary and non- contributory relative to an additional insured's own insurance, then this insurance is primary, and the Insurer will not seek contribution from that other insurance. For the purpose of this Provision 2., the additional insured's own insurance means insurance on which the additional insured is a named insured. B. With respect to persons or organizations that qualify as additional insureds pursuant to paragraph I.K. of this endorsement, the following sentence is added to the paragraph above: Otherwise, and notwithstanding anything to the contrary elsewhere in this Condition, the insurance provided to such person or organization is excess of any other insurance available to such person or organization. 3. BODILY INJURY — EXPANDED DEFINITION Under DEFINITIONS the definition of bodily injury is deleted and replaced by the following: Bodily injury means physical injury, sickness or disease sustained by a person, including death, humiliation, shock, mental anguish or mental injury sustained by that person at any time which results as a consequence of the physical injury, sickness or disease. 4. BROAD KNOWLEDGE OF OCCURRENCE/ NOTICE OF OCCURRENCE Under CONDITIONS, the condition entitled Duties in The Event of Occurrence, Offense, Claim or Suit is amended to add the following: A. BROAD KNOWLEDGE OF OCCURRENCE The Named Insured must give the Insurer or the Insurer's authorized representative notice of an occurrence, offense or claim only when the occurrence, offense or claim is known to a natural person Named Insured, to a partner, executive officer, manager or member of a Named Insured, or to an employee designated by any of the above to give such notice. B. NOTICE OF OCCURRENCE CNA74879XX (1-15) Policy No: 6050066345 Page 5 of 13 Endorsement No: 6 CONTINENTAL CASUALTY COMPANY Effective Date: 10/12/2024 Insured Name: OPTIMIST, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with Its permisslon. my CNA CNA PARAMOUNT General Liability Extension Endorsement The Named Insured's rights under this Coverage Part will not be prejudiced if the Named Insured fails to give the Insurer notice of an occurrence, offense or claim and that failure is solely due to the Named Insured's reasonable belief that the bodily injury or property damage is not covered under this Coverage Part. However, the Named Insured shall give written notice of such occurrence, offense or claim to the Insurer as soon as the Named Insured is aware that this insurance may apply to such occurrence, offense or claim. 5. BROAD NAMED INSURED WHO IS AN INSURED is amended to delete its Paragraph 3. in its entirety and replace it with the following: 3. Pursuant to the limitations described in Paragraph 4. below, any organization in which a Named Insured has management control: a. on the effective date of this Coverage Part; or b. by reason of a Named Insured creating or acquiring the organization during the policy period, qualifies as a Named Insured, provided that there is no other similar liability insurance, whether primary, contributory, excess, contingent or otherwise, which provides coverage to such organization, or which would have provided coverage but for the exhaustion of its limit, and without regard to whether its coverage is broader or narrower than that provided by this insurance. But this BROAD NAMED INSURED provision does not apply to: (a) any partnership, limited liability company or joint vonturo; or (b) any organization for which coverage is excluded by another endorsement attached to this Coverage Part. For the p! Irpnsa of this provision, management control means: - A. owning interests representing more than 50% of the voting, appointment or designation power for the selartinn of a majority of the Board of Directors of a corporation; or B. having the right, pursuant to a written trust agreement, to protect, control the use of, encumber or transfer or sell properly held by a trust. 4 With rA.gpRrt to organizations which qualify as Named Insureds by virtue of Paragraph 3. above, this insurance does not apply to: a. bodily injury or property damage that first occurred prior to the date of management control, or that first occurs after management control ceases; nor b. personal or advertising injury caused by an offense that first occurred prior to the date of management control or that first occurs after management control ceases. S. The insurance provided by this Coverage Part applies to Named Insureds when trading under their own names or under such other trading names or doing -business -as names (dba) as any Named Insured should choose to employ. 6. ESTATES, LEGAL REPRESENTATIVES, AND SPOUSES The estates, heirs, legal representatives and spouses of any natural person Insured shall also be insured under this policy; provided, however, coverage is afforded to such estates, heirs, legal representatives, and spouses only for claims arising solely out of their capacity or status as such and, in the case of a spouse, where such claim seeks damages from marital community property, jointly held property or property transferred from such natural person Insured to such spouse. No coverage is provided for any act, error or omission of an estate, heir, legal representative, or spouse outside the scope of such person's capacity or status as such, provided however that the spouse of a natural person Named Insured and the spouses of members or partners of joint venture or partnership Named Insureds are Insureds with respect to such spouses' acts, errors or omissions in the conduct of the Named Insured's business. CNA74879XX (1-15) Policy No: 6050066345 Page 6 of 13 Endorsement No: 6 CONTINENTAL CASUALTY COMPANY Effective Date: 10/12/2024 Insured Name: OPTIMIST, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Servioes Office, Inc., with Its permission. 0 C VA CNA PARAMOUNT General Liability Extension Endorsement 7. EXPECTED OR INTENDED INJURY— EXCEPTION FOR REASONABLE FORCE Under COVERAGES, Coverage A — Bodily Injury And Property Damage Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Expected or Intended Injury and replace it with thA following: This insurance does not apply to: Expected or Intended Injury Bodily injury or property damage expected or intended from the standpoint of the Insured. This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property. S. IN REM ACTIONS A quasi in rem action against any vessel owned or operated by or for the Named Insured, or chartered by or for the Named Insured, will be treated in the same manner as though the action were in personam against the Named Insured. 9. INCIDENTAL HEALTH CARE MALPRACTICE COVERAGE Solely with respect to bodily injury that arises out of a health care incident: A. Under COVERAGES, Coverage A — Bodily Injury And Property Damage Liability, the Insuring Agreement is amended to replace Paragraphs 1.b.(1) and 1.b.(2) with the following: b. This insurance applies to bodily injury provided that the professional health care services are incidental to the Named Insured's primary business purpose, and only if: (1) such bodily injury is caused by an occurrence that takes place in the coverage territory. (2) the bodily injury first occurs during the policy period. All bodily injury arising from an occurrence will be deemed to have occurred at the time of the first act, error, or omission that is part of the occurrence; and B. Under COVERAGES, Coverage A — Bodily Injury And Property Damage Liability, the paragraph entitled Exclusions is amended to: 1. add the following to the Employers Liability exclusion: This exclusion applies only if the bodily injury arising from a health care incident is covered by other liability insurance available to the Insured (or which would have been available but for exhaustion of its limits). ii. delete the exclusion entitled Contractual Liability and replace it with the following: This insurance does not apply to: Contractual Liability the Insured's actual or alleged liability under any oral or written contract or agreement, including but not limited to express warranties or guarantees. Ill. add the following additional exclusions. This insurance does not apply to: Discrimination any actual or alleged discrimination, humiliation or harassment, including but not limited to claims based on an individual's race, creed, color, age, gender, national origin, religion, disability, marital status or sexual orientation. CNA74879XX (1-15) Policy No: 6050066345 Page 7 of 13 Endorsement No: 6 CONTINENTAL CASUALTY COMPANY Effective Date: 10/12/2024 Insured Name: OPTIMIST, INC. copyright CNA All Rights Reserved. Includes copyrighted material of Insurance services office, Inc., with Its permission. M CNA CNA PARAMOUNT General Liability Extension Endorsement Dishonesty or Crime Any actual or alleged dishonest, criminal or malicious act, error or omission. Medicare/Medicaid Fraud any actual or alleged violation of law with respect to Medicare, Medicaid, Tricare or any similar federal, state or local governmental program. Services Excluded by Endorsement Any health care incident for which coverage is excluded by endorsement. C. DEFINITIONS is amended to: 1. add the following definitions: Health care incident means an act, error or omission by the Named Insured's employees or volunteer workers in the rendering of: a. professional health care services on behalf of the Named Insured or b. Good Samaritan services rendered in an emergency and for which no payment is demanded or received. Professional health care services means any health care services or the related furnishing of food, beverages, medical supplies or appliances by the following providers in their capacity as such but solely to the extent they are duly licensed as required: w. Physician; b. Nurse; s:. Nurse practitioner: d. Emergency medical techni6tti°,, e. Paramedic; f. Dentist; g. Physical therapist; h: Psyohologict; i. Speech therapist; j. Other allied health professional; or Professional health care services does not include any services rendered in connection with human clinical trials or product testing. ii. delete the definition of occurrence and replace it with the following: Occurrence means a health care incident. All acts, errors or omissions that are logically connected by any common fact, circumstance, situation, transaction, event, advice or decision will be considered to constitute a single occurrence; iii. amend the definition of Insured to: a. add the following: • the Named Insured's employees are Insureds with respect to: CNA74879XX (1-15) Policy No: 6050066345 Page 8 of 13 Endorsement No: 6 CONTINENTAL CASUALTY COMPANY Effective Date: 10/12/2024 Insured Name: OPTIMIST, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with Its permission. W CNA CNA PARAMOUNT General Liability Extension Endorsement (1) bodily injury to a co -employee while in the course of the co -employee's employment by the Named Insured or while performing duties related to the conduct of the Named Insured's business; and (2) bodily injury to a volunteer worker while performing duties related to the conduct of the Named Insured's business; when such bodily injury arises out of a health care incident. • the Named Insured's volunteer workers are Insureds with respect to: (1) bodily injury to a co -volunteer worker while performing duties related to the conduct of the Named Insured's business; and (2) bodily injury to an employee while in the course of the employee's employment by the Named Insured or while performing duties related to the conduct of the Named Insured's business; when such bodily injury arises out of a health care incident. b. delete Subparagraphs (a), (b), (c) and (d) of Paragraph 2.a.(1) of WHO IS AN INSURED. c. add the following: Insured does not include any physician while acting in his or her capacity as such. D. The Other Insurance condition is amended to delete Paragraph b.(1) in its entirety and replace it with the following: Other Insurance b. Excess Insurance (1) To the extent this insurance applies, it is excess over any other insurance, self insurance or risk transfer instrument, whether primary, excess, contingent or on any other basis, except for insurance purchased specifically by the Named Insured to be excess of this coverage. 10. JOINT VENTURES / PARTNERSHIP / LIMITED LIABILITY COMPANIES WHO IS AN INSURED is amended to delete its last paragraph and replace it with the following: No person or organization is an Insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations, except that if the Named Insured was a joint venturer, partner, or member of a limited liability company and such joint venture, partnership or limited liability company terminated prior to or during the policy period, such Named Insured is an Insured with respect to its interest in such joint venture, partnership or limited liability company but only to the extent that: a. any offense giving rise to personal and advertising injury occurred prior to such termination date, and the personal and advertising injury arising out of such offense first occurred after such termination date; b. the bodily injury or property damage first occurred after such termination date; and c. there is no other valid and collectible insurance purchased specifically to insure the partnership, joint venture or limited liability company. 11. LEGAL LIABILITY — DAMAGE TO PREMISES A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete the first paragraph immediately following subparagraph (6) of the Damage to Property exclusion and replace it with the following: Paragraphs (1), (3) and (4) of this exclusion do not apply to property damage (other than damage by fire) to premises rented to the Named Insured or temporarily occupied by the Named Insured with the permission of the CNA74879XX (1-15) Policy No: 6050066345 Page 9 of 13 Endorsement No: 6 CONTINENTAL CASUALTY COMPANY Effective Date: 10/12/2024 Insured Name: OPTIMIST, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance services Office, Inc., with Its permisslon. .yam` Y CNA CNA PARAMOUNT General Liability Extension Endorsement owner, nor to the contents of premises rented to the Named Insured for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in LIMITS OF INSURANCE. B. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete its last paragraph and replace it with the following: Exclusions c. through n. do not apply to damage by fire to premises while rented to a Named Insured or temporarily occupied by a Named Insured with permission of the owner, nor to damage to the contents of premises rented to a Named Insured for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in the LIMITS OF INSURANCE Section. C. LIMITS OF INSURANCE is amended to delete Paragraph 6. (the Damage To Premises Rented To You Limit) and replace it with the following: 6. Subject to Paragraph S. above, (the Each Occurrence Limit), the Damage To Premises Rented To You Limit is the most the Insurer will pay under COVERAGE A for damages because of property damage to: a. any one premises while rented to a Named Insured or temporarily occupied by a Named Insured with the permission of the owner; and b. contents of such premises if the premises is rented to the Named Insured for a period of 7 or fewer consecutive days. The Damage To Premises Rented To You Limit is $200,000. unless a higher Damage to Premises Rented to You Limit is shown in the Declarations. D. The Other Insurance Condition is amended to delete Paragraph b.(1xa)(ii), and replace it with the following: (ii) That is property insurance for premises rented to a Named Insured, for premises temporarily occupied by the Named Insured with the permission of the owner; or for personal property of others in the Named Insured's Caro, custody or control; E. This Provision 11. does not apply if liability for damage to premises rented to a Named Insured is excluded by another endorsement attached to this Coverage Part. 12. MEDICAL PAYMCNTS A. LIMITS OF INSURANCE is amended to delete Paragraph 7. (the Medical Expense Limit) and replace it with the following: 7. Subject to Paragraph 5. above (the Each Occurrence Limit), the Medical Expense Limit is the most the Insurer will pay under Coverage C - Medical Payments for all medical expenses because of bodily injury sustained by any one person. The Medical Expense Limit is the greater of: (1) $15,000 unless a different amount is shown here: ; or (2) the amount shown in the Declarations for Medical Expense Limit. B. Under COVERAGES, Coverage C — Medical Payments, the Insuring Agreement is amended to replace Paragraph 1.a.(3xb) with the following: (b) The expenses are incurred and reported to the Insurer within three years of the date of the accident; and 13. NON -OWNED AIRCRAFT Under COVERAGES, Coverage A — Bodily Injury and Properly Damage Liability, the paragraph entitled Exclusions is amended as follows: CNA74879XX (1-15) Page 10 of 13 CONTINENTAL CASUALTY COMPANY Insured Name: OPTIMIST, INC. Copyright CNA All Rights Reserved. Policy No: 6050066345 Endorsement No: 6 Effective Date: 10 / 12 / 2 0 2 4 Includes copyrighted material of Insurance Services Ottloe, Inc., with Its permisslon. 2 _NA CNA PARAMOUNT General Liability Extension Endorsement The exclusion entitled Aircraft, Auto or Watercraft is amended to add the following: This exclusion does not apply to an aircraft not owned by any Named Insured, provided that: 1. the pilot in command holds a currently effective certificate issued by the duly constituted authority of the United States of America or Canada, designating that person as a commercial or airline transport pilot; 2. the aircraft is rented with a trained, paid crew to the Named Insured; and 3. the aircraft is not being used to carry persons or property for a charge. 14. NON -OWNED WATERCRAFT Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete subparagraph (2) of the exclusion entitled Aircraft, Auto or Watercraft, and replace it with the following. This exclusion does not apply to: (2) a watercraft that is not owned by any Named Insured, provided the watercraft is: (a) less than 75 feet long; and (b) not being used to carry persons or property for a charge. 15. PERSONAL AND ADVERTISING INJURY —DISCRIMINATION OR HUMILIATION A. Under DEFINITIONS, the definition of personal and advertising injury is amended to add the following tort: • Discrimination or humiliation that results in injury to the feelings or reputation of a natural person. B. Under COVERAGES, Coverage B — Personal and Advertising Injury Liability, the paragraph entitled Exclusions is amended to: 1. delete the Exclusion entitled Knowing Violation Of Rights Of Another and replace it with the following: This insurance does not apply to: Knowing Violation of Rights of Another Personal and advertising injury caused by or at the direction of the Insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury. This exclusion shall not apply to discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation is not done intentionally by or at the direction of: (a) the Named Insured; or (b) any executive officer, director, stockholder, partner, member or manager (if the Named Insured is a limited liability company) of the Named Insured. 2. add the following exclusions: This insurance does not apply to: Employment Related Discrimination discrimination or humiliation directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person by any Insured. Premises Related Discrimination discrimination or humiliation arising out of the sale, rental, lease or sub -lease or prospective sale, rental, lease or sub -lease of any room, dwelling or premises by or at the direction of any Insured. CNA74879XX (1-15) Policy No: 6050066345 Page 11 of 13 Endorsement No: 6 CONTINENTAL CASUALTY COMPANY Effective Date: 10/12/2024 Insured Name: OPTIMIST, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance SeMces Office, Inc., wfth Its permisslon. MIA` CNA CNA PARAMOUNT General Liability Extension Endorsement Notwithstanding the above, there is no coverage for fines or penalties levied or imposed by a governmental entity because of discrimination. The coverage provided by this PERSONAL AND ADVERTISING INJURY —DISCRIMINATION OR HUMILIATION Provision does not apply to any person or organization whose status as an Insured derives solely from • Provision 1. ADDITIONAL INSUREDS of this endorsement; or • attachment of an additional insured endorsement to this Coverage Part. 16. PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY A. Under COVERAGES, Coverage B —Personal and Advertising Injury Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Contractual Liability and replace it with the following: This insurance does not apply to: Contractual Liability Personal and advertising injury for which the Insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages: (1) that the Insured would have in the absence of the contract or agreement; or (2) assumed in a contract or agreement that is an insured contract provided the offense that caused such personal or advertising injury first occurred subsequent to the execution of such insured contract. Solely for the purpose of liability assumed in an insured contract, reasonable attorney fees and necessary litigation expenses incurred by or for a party other than an Insured are deemed to be damages because of personal and advertising injury provided: (a) liability to such party for, or for the cost of, that parry's defense has also been assumed in such insured contract; and (b) such attorney fees and litigation expenses are for defense of such party against a civil or alternative diSPLOA recnlutinn rroraeding in which covered damages are alleged. B. Solely for the purpose of the coverage provided by this paragraph, DEFINITIONS is amended to delete the definition of insured contract in its entirety, and replace It wilh [tie fulluwirly. Insured contract means that part of a written contract or written agreement pertaining to the Named Insured's business under which the Named Insured assumes the tort liability of another party to pay for personal .or advertising injury arising out of the offense of false arrest, detention or imprisonment. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. C. Solely for the purpose of the coverage provided by this paragraph, the following changes are made to the Section entitled SUPPLEMENTARY PAYMENTS — COVERAGES A AND B: 1. Paragraph 2.d. is replaced by the following: d. The allegations in the suit and the information the Insurer knows about the offense alleged in such suit are such that no conflict appears to exist between the interests of the Insured and the interests of the indemnitee; 2. The first unnumbered paragraph beneath Paragraph 2.f.(2)(b) is deleted and replaced by the following: So long as the above conditions are met, attorneys fees incurred by the Insurer in the defense of that indemnitee, necessary litigation expenses incurred by the Insurer, and necessary litigation expenses incurred by the indemnitee at the Insurer's request will be paid as defense costs. Notwithstanding the provisions of Paragraph e.(2) of the Contractual Liability exclusion (as amended by this Endorsement), such payments will CNA74879XX (1-15) Page 12 of 13 CONTINENTAL CASUALTY COMPANY Insured Name: OPTIMIST, INC. Copyright CNA All Rights Reserved, Policy No: 6050066345 Endorsement No: 6 Effective Date: 10 / 12 / 2 0 2 4 Includes copyrighted material of Insurance services Office, Inc., with Its permission. a x CNA CNA PARAMOUNT Employee Benefits Liability Coverage Part - Occurrence Other Insurance If other valid and collectible insurance is available to the Insured for loss insured under this coverage part, the Insurer's obligations are limited as follows: A. Primary Insurance This insurance is primary. The Insurer's obligations are not affected unless any of the other insurance is also primary. Then, the Insurer will share with all that other insurance by the method described in Paragraph b. below. B. Method of Sharing If all of the other insurance permits contribution by equal shares, the Insurer 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. If any of the other insurance does not permit contribution by equal shares, the Insurer will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. Premium Audit A. The Insurer will compute all premiums for this coverage part in accordance with the Insurer rules and rates B. Premium shown in this coverage part as advance premium is a deposit premium only. At the close of each audit period the Insurer will compute the earned premium for that period and send notice to the First Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy term is greater than th® earned premium, the Insurer will return the WMA to the First Narned Insured, C. The First Named Insured must keep records of the information the Insurer need for premium computation, and send the Insurer copies at such timos uc tho Incuror may roquest. Separation of Insureds Except with msp®ct to the Limits of Insurance, and any rights or duties specifically assigned in this policy to the First Named Insured, this insurance applies: A. as if each Named Insured were the only Named Insured; and B. separately to each Insured against whom a claim is made. Transfer of Rights of Recovery If any Insured for whom payment is made by the Insurer under this policy has rights to recover amounts from another, those rights are transferred to the Insurer to the extent of its payment. The Insured must do everything necessary after loss to secure the Insurer's rights and must do nothing to prejudice such rights. VI. DEFINITIONS Administration means: A. providing information to employees, including their dependents and beneficiaries, with respect to eligibility for or scope of employee benefit programs; B. handling records in connection with the employee benefit program; or C. effecting, continuing or terminating any employee's participation in any benefit included in the employee benefit program. However, administration does not include handling payroll deductions. CNA74721 XX 01-15 Page 4 of 8 Copyright CNA All Rights Reserved. O US z 2 Insured Name OPTIMIST, INC. 5431 W 104TH ST LOS ANGELES, CA 90045-601 1 Policy Number WC 6 50066300 Policy Period 10/12/2024 to 10/12/2025 Renewal Thank you for choosing CNA! Producer Information MARSH USA LLC 1 166 AVENUE OF THE AMERICAS FL 36 NEW YORK, NY 10036-2750 Producer Processing Code 030-082622 CNA Branch NEW YORK CITY 125 Broad Street New York, NY 10004 With your Workers Compensation And Employers Liability Insurance policy, you have insurance coverage tailored to meet the needs of your business. The international network of insurance professionals and the financial strength of CNA, rated "A" by A.M. Best, provide the resources to help you manage the daily risks of your organization so that you may focus on what's most important to you. Claim Services The Workers Compensation Claim Kit will help you and your employees take full advantage of CNA's comprehensive services. We work with you, your employees and medical providers to promote workplace safety; control risks; facilitate early return to work when medically appropriate; prevent fraud; and assist you in recognizing your opportunities and responsibilities in managing Workers Compensation costs. • To report a loss go to www.cna.com/claim or send an email to lossreoort@cnaasaa.com, or call 877-CNA-ASAP (877-262-2727) • To find a network provider or for a PPO panel request, go to www.cna.com/claim • To request loss runs send an email to fsrmail@cnacentral.com • For additional questions call CNA Customer Service at (877)-574-0540, or contact your independent CNA Insurance Agent. Risk Control Services 4 To learn more about our award winning Risk Control Services and how to improve your bottom line, ! please email us at riskcontrolwebinfo@cna.com, call (866) 262-0540 or visit www.cna.com/riskcontrol s and www.cna.com/returntowork. State Required Posting Notices If you are not the person directly responsible for having these Posting Notices displayed, please direct these notices to the appropriate person within your organization. Posting Notices are required to be displayed in accordance with specific requirements as stated in the notices. The applicable notice(s) and the quantity included are based on the number of physical addresses in each covered state provided by your independent CNA Insurance Agent. 0 0 0 O *Copyright CNA All Rights Reserved. W CNA Endorsement Schedule Workers Compensation And Employers Liability Insurance Information Page Number Edition Date Endorsement Title Endorsement Number WC 00 00 00 C 01-2015 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY G-35224-B 03-1984 INCREASED LIMIT OF LIABILITY ENDORSEMENT 1 WC 00 03 01 A 02-1989 ALTERNATE EMPLOYER ENDORSEMENT 2 WC 00 03 11 A 08-1991 VOLUNTARY COMPENSATION AND EMPLOYERS 3 LIABILITY COVERAGE ENDORSEMENT WC 00 03 13 04-1984 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS 4 ENDORSEMENT WC 00 03 20 A 02-1992 LABOR CONTRACTOR ENDORSEMENT 5 WC 00 03 22 A 01-2006 PROFESSIONAL EMPLOYER ORGANIZATION (PEO) 6 CLIENT EXCLUSION ENDORSEMENT WC 00 04 04 04-1984 PENDING RATE CHANGE ENDORSEMENT 7 WC 00 04 14 07-1990 NOTIFICATION OF CHANGE IN OWNERSHIP 8 ENDORSEMENT WC 00 04 14 A 01-2019 90-DAY REPORTING REQUIREMENT - NOTIFICATION OF 9 CHANGE IN OWNERSHIP ENDORSEMENT WC 00 04 19 01-2001 PREMIUM DUE DATE ENDORSEMENT 10 WC 00 04 19 A 08-2022 PART FIVE - PREMIUM AMENDATORY ENDORSEMENT 11 WC 00 04 21 E 01-2021 CATASTROPHE (OTHER THAN CERTIFIED ACTS OF 12 TERRORISM) PREMIUM ENDORSEMENT WC 00 04 21 F 08-2022 CATASTROPHE (OTHER THAN CERTIFIED ACTS OF 13 TERRORISM) PREMIUM ENDORSEMENT WC 00 04 22 C 01-2021 TERRORISM RISK INSURANCE PROGRAM 14 REAUTHORIZATION ACT DISCLOSURE ENDORSEMENT WC 00 04 24 01-2017 AUDIT NONCOMPLIANCE CHARGE ENDORSEMENT 15 WC 00 04 25 05-2017 EXPERIENCE RATING MODIFICATION FACTOR 16 REVISION ENDORSEMENT WC 09 03 03 08-2005 FLORIDA EMPLOYERS LIABILITY COVERAGE 17 ENDORSEMENT WC 09 04 03 C 01-2021 FLORIDA TERRORISM RISK INSURANCE PROGRAM 18 REAUTHORIZATION ACT ENDORSEMENT WC 09 04 07 A 03-2024 FLORIDA NON -COOPERATION WITH PREMIUM AUDIT 19 ENDORSEMENT WC000001 Form No: P-33398-E (06-1987) Policy No: WC 6 50066300 Information Page; Page: 1 of 5 Policy Effective Date: 10/12/2024 Underwriting Company: Continental Casualty Company, 151 N Franklin St, Chicago, IL 60606 Policy Page: 89 of 222 0 0 0 0 Copyright 2013 National Council on Compensation Insurance, Inc. All Rights Reserved. DNA Workers Compensation And Employers Liability Insurance Policy Endorsement WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us. This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Any Person or Organization on whose behalf you are required to obtain this waiver of our right to recover from under a written contract or agreement. 0 lu cc The premium charge for the endorsement is reflected in the Schedule of Operations. 0 All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers,, takes effect on the Policy Effective Date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown below. Form No: WC 00 03 13 (04-1984) Policy No: WC 6 50066300 Endorsement Effective Date: Endorsement Expiration Date: Policy Effective Date: 10/12/2024 Endorsement No: 4; Page: 1 of 1 Policy Page: 113 of 222 Underwriting Company: Continental Casualty Company, 151 N Franklin St, Chicago, IL 60606 0 0 0 0 Copyright 1983 National Council on Compensation Insurance.