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Insurance Certificates 2023/24 Conserve LandCare, LLCACCOR "® CERTIFICATE OF LIABILITY INSURANCE ATE D01/05/2024DIYYYv) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Marsh Risk & Insurance Services PHOCA License #0437153 A/C,(FAX, Ext : A/C No), E-MAIL 633 W. Fifth Street, Suite 1200 Los Angeles, CA 90071 ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Executive Risk Indemnity Inc 35181 CN142027538-CPPL-GAXWC-23-24 INSURED Conserve Landcare, LLC INSURER B : Federal Insurance Company 20281 INSURER C : Pacific Insurance Company 37338 72265 Manufacturing Road INSURER D : Thousand Palms, CA 92276 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: LOS-002724517-07 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/DDIYYYY POLICY EXP MM/DDIYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY X X 54309877 12/31/2023 12/31/2024 EACH OCCURRENCE $ 2,000,000 CLAIMS -MADE � OCCUR DAMAGE TO TED PREMISESa occurrence) ('a ctcur ence)$ 100,000 MED EXP (Any one person) $ 5,000 Aggregates will apply where PERSONAL & ADV INJURY $ 2,000,000 required by contract. GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 POLICY JE� LOC X PRODUCTS - COMP/OP AGG $ 4,000,000 $ OTHER: B AUTOMOBILE LIABILITY X X 54309837 12/31/2023 12/31/2024 COEaMBINED ccidentSINGLE LIMIT a $ 2,000,000 X BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY UMBRELLA LIAB X OCCUR X X 56717287 12/31/2023 12/31/2024 EACH OCCURRENCE $ 5,000,000 X AGGREGATE $ 5,000,000 EXCESS LIAB CLAIMS -MADE DED RETENTION $ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? ❑N (Mandatory in NH) N/A X 54309878 12/31/2023 12/31/2024 X PER OTH- STATUTE ER 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 C Contractors Professional 57CPIBD2497 12/31/2023 12/31/2024 Limit 5,000,000 and Pollution Liability Deductible: $50,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: La Quinta Landscape Renovation Improvements - Cactus Flower, Project no. 2016-031 The City of LaQuinta, its officers, employees, contractors, subcontractors, or agents are included as additional insureds (except workers' compensation) where required by written contract. This insurance is primary and non-contributory over any existing insurance and limited to liability arising out of the operations of the named insured subject to policy terms and conditions. Waiver of subrogation is applicable where required by written contract and subject to policy terms and conditions. CERTIFICATE HOLDER CANCELLATION The City of LaQuinta SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Attn: Ubaldo Ayon THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 78-495 Calle Tampico ACCORDANCE WITH THE POLICY PROVISIONS. La Quinta, CA 92253 AUTHORIZED REPRESENTATIVE XW4 s ©1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 54309877 COMMERCIAL GENERAL LIABILITY CG 20 10 12 19 IIll: IE--1:1ZIBig] *1:1LIJI=1Zi&A:1_1►M *29:I:916111 'A»*_E--1:1N: 11l1iell:»1114wo ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations WHERE REQUIRED BY WRITTEN CONTRACT ALL IWATIONS MORE REQUIRED BY WRITTEN CONTRACT Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or However: 2. That portion of "your work" out of which the injury or damage arises has been put to its 1. The insurance afforded to such additional intended use by any person or organization insured only applies to the extent permitted by other than another contractor or subcontractor law; and engaged in performing operations for a 2. If coverage provided to the additional insured is principal as a part of the same project. required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 10 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 2 C. With respect to the insurance afforded to these additional insureds, the following is added to Section III —Limits of Insurance: If coverage provided to the additional insured is required by a contract ❑r agreement, the most we will pay ❑n behalf ❑f the additional insured is the amount of insurance: 1. Required by the contract or agreement; ❑r 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. Page 2 of 2 © Insurance Services Office, Inc., 2018 CG 20 10 12 19 POLICY NUMBER: 54309877 COMMERCIAL GENERAL LIABILITY CG20371219 IN: IE--1:1ZIBIG] *14LIJI=1ZIil]:1_1►M*29:l:806111 Ma4*-111--1:10: ►111COCA 0:11114wo ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations WHERE REQUIRED BY WRITTEN CONTRACT, BUTONLY WHEN THE CONTRACT SPECIFIES COV►ERAM FOR COMPLETED OPERATIONS ALL LOCATIONS WHERE REQUIRED BY WRITTEN CONTRACT Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 37 12 19 9 Insurance Services Office, Inc., 2012 Page 1 of 1 POLICY NUMBER: 54309877 COMMERCIAL GENERAL LIABILITY 10-02-2494 (Ed. 7-15) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION OR NON -RENEWAL TO SPECIFIED PERSONS OR ORGANIZATIONS This endorsement modifies the following: COMMON POLICY CONDITIONS SCHEDULE Name(s) and Address(es): All Parsons or Organizations as an file with us The following Condition is added: Notice Of Cancellation Or Non -Renewal To Specified Persons Or Organizations 1. If we cancel or non -renew this policy for any reason other than non-payment, we will deliver notice of the cancellation or non -renewal to any Person(s) or Organization(s) shown in the Schedule Thirty(30) days prior to the effective date of cancellation or non -renewal. 2. If we cancel this policy for non-payment, we will deliver notice of the cancellation to any Person(s) or Organization(s) shown in the Schedule Tea (10) days prior to the effective date of cancellation. S. If notice is mailed, proof of mailing will be sufficient proof of notice. 4. Any failure by us to notify such person(s) or organization(s) will not invalidate such cancellation or non -renewal with respect to any other person(s) or organization(s). 10-02 2494 (Ed. 7-15) Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 1 with its permission. POLICY NUMBER: 54309877 COMMERCIAL GENERAL LIABILITY 10-024MI (Ed. 7-15) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY INSURANCE FOR SCHEDULED ADDITIONAL INSURED This endorsement modifies insurance provided underthefollowing: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Additional Insured: Location Of Covered Operations: WHERE REQUIRED BY WRITTEN CONTRACT ALL LOCATIONS (If no entryappears above, information required to complete this endorsementwill be shown Inthe Ded arations as appl icabl a to th is endorseme nt. ) With respect on ly to the Additional Insured and at the Location Of Covered Operations shown i n the Sched ul e, the fol low! ng ! s added to SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 4.0ther Insuranceand supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primaryto and will not see kcontri bution from any other insurance available to the Additional Insured with respect to the Location Of Covered Operations shown in the Schedule u nder th ispolicyprovi ded that: (1) The Additional Insured is named i nsu re d under such other i nsu rance; a nd (2) You have agreed in writing in a contract oragreeme nt that this ! nsu rance woul d be pri ma ry and woul d not seek contri but! onfrom any othe r ! nsu rance avaf la bl a to theAdd iti onal I nsu red. 10-02-Ml (Ed. 745) Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 1 with its permission. b. Those statements are based upon representations you made to us; and c. We have issued this policy in reliance upon your representations. 7. Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or "suit" is brought. B. Transfer Or Waiver Of Rights Of Recovery Against Others To Us We will waive the right of recovery we would otherwise have had against another person or organization, for loss to which this insurance applies, provided the insured has waived their rights of recovery against such person or organization in a contract or agreement that is executed before such loss. To the extent that the insured's rights to recover all or part of any payment made under this Coverage Part have not been waived, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit' or transfer those rights to us and help us enforce them. This condition does not apply to Coverage C. 9. When We Do Not Renew If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed, proof of mailing will be sufficient proof of notice. E ]=(*�i1#11"L'MPl=1dl 1�iItILN-1 1. "Advertisement" means an electronic, oral, written or other notice, about goods, products or services, designed for the specific purpose of attracting the general public or a specific market segment to use such goods, products or services. "Advertisement" does not include any email address, Internet domain name or other electronic address or metalanguage. 2. "Advertising injury" means injury, other than "bodily injury', "property damage" or "personal injur)", sustained by a person or organization and caused by an offense of infringing, in that particular part of your "advertisement" about your goods, products or services, upon their: a. Copyrighted "advertisement"; or b. Registered collective mark, registered service mark or other registered trademarked name, slogan, symbol or title. 3. "Asbestos' means asbestos in any form, including its presence or use in any alloy, by-product, compound or other material or waste. Waste includes materials to be recycled, reconditioned or reclaimed. 4. "Auto" means: a. A land motor vehicle, trailer or semitrailer designed for travel on public roads, including any attached machinery or equipment; or b. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. However, "auto" does not include 'mobile equipment". 5."Bodily injury" means physical: a. Injury; b. Sickness; or c. Disease; sustained by a person, including resulting death, humiliation, mental anguish, mental injury or shock at any time. All such loss shall be deemed to occur at the time of the physical injury, sickness or disease that caused it. B. "Coverage territory means: a. The United States of America (including its territories and possessions), Puerto Rico and Canada; b. International waters or airspace, but only if the injury or damage occurs in the course of travel or transportation between any places included in Paragraph a. above; or c. All other parts of the world if the injury or damage arises out of: (1) Goods or products made or soli by you in the territory described in Paragraph a. above; (2) The activities of a person whose home is in the territory described in Paragraph a. above, but is away for a short time on your business; or (3) "Advertising injury" or "personal injury" offenses that take place through the Internet or similar electronic means of communication Form 10-02-1800 (Rev. 09- Includes copyrighted material of ISO Properties, Inc., with Page 13 of 17 17) its permission Workers' Compensation and Employers' Liability Policy Named Insured Endorsement Number SPERBER LANDSCAPE COMPANIES, LLC 30700 RUSSELL RANCH RD., SUITE 120 Policy Number WESTLAKE VILLAGE CA 91362 Symbol: WCF Number. (24)543"8-78 Policy Period Effective Date of Endorsement 12-31-2023 TO 12-31-2024 12-31-2023 Issued By (Name of Insurance Company) FEDERAL INSURANCE Insert the pol lay number. The remainder of the Infomratlon Is to be completed only when this endorsement Is Issued subsequent to the preparation of the policy. This endorsement changes the policy to which It Is attachad and Is effective on the date Issued unless otherwise stated. CALIFORNIA WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because California is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule, where you are required by a written contract to obtain this waiver from us. You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. Schedule 1. { } Specific Waiver Name of person or organization: { X) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: ALL 3. Premium: The premium charge for this endorsement shall be 1.0 percent of the California premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Minimum Premium: $0 Authorized Representative WC 90 03 75 (05/18) POLICY NUMBER- s, c r- i L L-z ,4 9 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NON-CONTRIBUTORY This endorsement modifies insurance provided under the following: CONTRACTORS PROFESSIONAL AND PROTECTIVE INDEMNITY PLUS (CPPI-i-) SECTION V. - CONDITION Other Insurance Item 18 c. is deleted and replaced with the following: c. The coverage afforded under this Policy for an "additional insured" is primary and non- contributory to any other insurance available to such "additional insured" when required by written contract or written agreement betw.en the "insured" and the "additional insured" executed prior to a "claim" or "pollution incident" involving such "additional insured". Hov+sever, to the extent that the "additional insured" Ls named as an additional insured on another insurance policy that also provers primary and non- cnr-trihtatory coverage, woe shall share with that other insurance as follows: 1. If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach, each insurer ccx7tributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. 2. If any of the other insurance does not permit cxxAriti tion by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. Form CL 28 36 0116 Page 'I of 1 C 2016, The Hartford POLICY NUMBER: 57 CPI BD2497 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED This endorsement modifies insurance provided under the following: CONTRACTORS PROFESSIONAL AN❑ PROTECTIVE INDEMNITY PLUS (CPPI+) CONTRACTORS POLLUTION LIABILITY (CPL) SCHEDULE Name Of Additional Insured Person(s), Organization(s), or Entity(ies) Blanket for the period of time required by written contract or written agreement, or written permit or written license, between the "insured" and additional insured Solely with regards to any coverage extended under this Policy for "pollution damages" or "emergency mitigation expense" and any associated "claim expense", SECTION VII — DEFINITIONS is amended to include the person(s), organixation(s), or entity(ies) shown in the above Schedule as an "additional insured". All other terms and conditions remain unchanged. Form CL 20 01 10 15 © 2015, The Hartford (Includes copyrighted material of Insurance Services Office, Inc., with its permission.) Page 1 of 1 POLICYNUMBER- 5-7 CPI BD2497 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF SUBROGATION This endorsement modifies insurance provided underthe following - CONTRACTORS PROFESSIONAL_ AND PROTECTIVE INDEMNITY PLUS (CPPI+) SECTION V - CONDITIONS, paragraph 11. Subrogation is deleted and replaced with the following' 11. Subrogation In the event of any payment under this Policy, an "insured" will execute and deliver all requested instruments and papers to r-.s and take whatever other actions are reasonably necessary and requested by us to exercise our rights of subrogation. An "insured" vvill do nothing to waive or prejudice our rights of subrogation. We will have priority ever an "insured" in allocation of any recovery, and any amounts rewuered in excess of our total payment and our (x)st of recovery will be pad to the "insured". The Policy Aggregate Limit of Insurance will be reinstated by the amount recovered by us, less our cost of recoxwy. We waive our rights of subrogation under this Policy only to the extent such a waiver is required by written contract or written agreement executed by an "insured" prior to a "claim" "protective indemnity daim", "pollution incident", "professional incident", or "protective incident". All other terms and conditions remain unchanged. Form CL 28 24 1015 Page 1 of 1 Cc 2016, The Hartford POLICYNUMBER: (22)5430-98-37 COMMERCIAL AUTO CA 20 4810 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABI LITY C OVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below, Named Insured: Endorsement Effecdve Date: SCHEDULE ------------------------ Name Of Person(s) Or Orgargaaiion(s): W-HE RE REQU . RED BY WRITTEN C,-)NTRACT . Information req uired to complete t hi s Schedule if not shown above will be shown in the Declarations . ..................... Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph Al. of Section II - Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I - Covered Autos Coverages of the Auto Dealers Coverage Form. CA 20 48 10 13 ig) Insurance Services Office, Inc., 2011 Pa9e'1;o 4 POLICY NUMBER: 5430-5$-37 COMMERCIAL AUTO 16-02-0322 (Ed. 1145) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION OR NON -RENEWAL TO SPECIFIED PERSONS OR ORGANIZATIONS This endorsement modifies the following: COMMON POLICY CONDITIONS SCHEDULE Name(s) and Address(es): ALL PERSONS OR ORGANIZATIONS AS ON FILE WITH US. The following Condition is added: Notice Of Cancellation Or Non -Renewal To Specified Persons Or Oroganizations 1. If we cancel or non -renew this policy for any reason other than non-payment, we will deliver notice of the cancellation or non -renewal to any Person(s) or Organization(s) shown in the Schedule 30 days prior to the effective date of cancellation or non -renewal. 2. If we cancel this policy for non-payment, we will deliver notice of the cancellation to any Person(s) or Organization(s) shown in the Schedule 10 days prior to the effective date of cancellation. 3. If notice is mailed, proof of mailing will be sufficient proof of notice. 4. Any failure by us to notify such person(s) or organization(s) will not invalidate such cancellation or non -renewal with respect to any other person(s) or organization (a). 16-02-0322 (Ed.1145) Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 1 with its permission. POLICY NUMBER: 5430-98-37 COMMERCIAL AUTO 16-02-0316 Ed. 10 14 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NON-CONTRIBUTORY LIABILITY INSURANCE This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy, unless another date is indicated below. Named Insured: SPERBER LANDSCAPE COMPANIES, LLC Endorsement Effective Date: 12/31/2023 SCHEDULE Name(s) Of Person(s) Or OrganizaUon(s): WHERE REQUIRED BY WRITTEN CONTRACT. Information required to complete this Schedule, if not shown above, vAll be shown in the Declarations. The following is added to Item 5. — "Other Insurance" of Item B. — "General Conditions" under Section IV —"Business Auto Conditions": e. Regardless of the provisions of Paragraph 5.a. through d. above, for any liability arising out of the ownership, maintenance, use, rental, lease, loan, hire or borrowing by an "insured" of a covered "auto" for which an "insured" is contractually obligated to provide primary insurance coverage to a client, this Coverage Form will be primary and non-contributory with respect to the Persons or Organizations in the schedule, regardless of the availability or existence of other collectible insurance under any other Coverage Form or policy that applies on a primary basis. 16-02-0316 Ed.10 14 Page 1 of 1 POLICY N UMBER: t 2 2 y 5 4 3 0- 9 8- 3'7 COMMERCIAL AUTO CA04441013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAI N ST OTH ERS TO US (WAIVER OF S UBROGATI ON) This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below, Named Insured: Endorsement Effective Date: SCHEDULE Nan-e(s) Of Person(s) Or Organization(s): WHERE REQUIRED BY WRITTEN CONTRACT. Information required to complete this Schedule if not shown above will be shown in the Declarations. The Transfer Of lights Of Reoo►rery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or organization. CA 04"1013 D Insurance Services Office, Inc., 2011 page'! of 1. C H U B B" Chubb Commercial Excess Follow -Form Insurance Contract Please read the entire policy carefully. The terms and conditions of this insurance include the various sections ofthis contract: Coverage; Investigation, Defense And Settlements; Supplementary Payments; Coverage Territory; Who Is An Insured; Limits Of Insurance; When This Excess Follow -Form Insurance Applies; Exclusions; Conditions and Definitions, as well as the Declarations and any Endorsements made a part of this insurance. Throughout this contract the words "you" and "your" refer to the named insured shown in the Declarations. The words "wc," "as" and "our" refer to the Company providing this insurance. Words and phrases that appear in bold print have special meanings and are defined in the Definitions section of this contract. Cove1'agalE]Ccess Subject to all of the terms and conditions applicable to this insurance, we will pay, on behalf of Fallow -Form the insured, that part of loss, to which this insurance applies, which exceeds the applicable underlying limits. This insurance applies only if the triggering event that must happen during the policy period of the applicable controlling underlying insurance happens during the policy period of this insurance. This insurance will follow the terms and conditions of controlling underlying insurance, unless a term or condition contained in this insurance: ■ differs from any term or condition contained in the applicable controlling underlying Insurance; or ■ is not contained in the applicable controlling underlying insurance. With respect to such exceptions described above, the terms and conditions contained in this insurance will apply, to the extent that such terns and conditions provide less coverage than the terns and conditions of the applicable controlling underlying insurance. This insurance does not apply to any part of loss within underlying limits, or any related costs or expenses. We have no obligation under this insurance with respect to any claim or suit settled without our consent. The most we will pay hereunder is fixed as set forth in the Limits Of Insurance section of this contract. Our obligations hereunder end when we have used up the applicable Limits Of Insurance. Other than as provided under the Investigation, Defense And Settlements and Supplementary Payments sections of this contract, we have no other obligation or liability to pay sums or perform acts or services under this insurance. Investigation, We have no duty to defend any person or organization against any claim or suit. Defense And We may at our discretion participate in the defense, investigation and settlement of any Settlements occurrence, offense, claim or suit. If we choose to participate in the defense of any claim or suit, we will not be obligated to participate in the defense of any person or organization when we have used up the applicable Limits Of Insurance. The most we will pay hereunder is fixed as set forth in the Limits Of Insurance section of this contract. Chubb CgrnMWc al Excess Follow Form Hrsurance Form 07-02 09M (Rev 5-05) contract Page 3 of 16 Supplementary Subject to all of the terms and conditions of this insurance, with respect to a claim or suit we Payments investigate or settle, we will pay; • expenses incurred directly by us and at our sale discretion; • prejudgment interest awarded against the insured on that part of a judgment we pay. If we make an offer to pay the applicable Limits Of Insurance, we will not pay any prejudgment interest based on that period of time after the offer. ■ interest on that part of a judgment, to which this insurance applies, that accrues 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 applicable Limits Of Insurance. Supplementary Payments does not include any fine or other penalty. The most we will pay hereunder is fixed as set forth in the Limits Of Insurance section of this contract. Our obligations hereunder end when we have used up the applicable Limits Of Insurance. Coverage Territory This insurance applies anywhere that the applicable controlling underlying insurance applies. Who Is An Insured The following persons or organizations qualify as insureds: • the named insured shown in the Declarations; and other persons or organizations qualifying as an insured in controlling underlying Insurance, but not beyond the extant of any limitations imposed under any contract or agreement. Limits Of Insurance The Limits Of Insurance shown in the Declarations and the rules below fix the most we will pay, regardless of the number of: • insureds; • claims made or suits brought; • persons or organizations making claims or bringing suits; • vehicles involved; or • coverages provided in this contract. The aggregate limits apply separately to each consecutive annual period and to any remaining period of less than twelve (12) months (starting with the beginning of the policy period shown in the Declarations), provided the applicable aggregate limits in all underlying insurance apply in such manner. If the aggregate limits in any underlying insurance do not so apply, then the applicable aggregate limits of this insurance will apply to the entire policy period and not separately to any portion (whether annual or otherwise) thereof. If the policy period is extended after issuance, the additional period will be deemed part of the last preceding period for purposes of determining the Limits Of Insurance. Other Aggregate Limit Subject to the Each Occurrence Limit, the Other Aggregate Limit is the most we will pay for the sum of amounts described as reducing Limits Of Insurance of this insurance (see Payments That Reduce The Limits Of Insurance section), except amounts included in the products - completed operations hazard Chubb CgrnMWC al Excess Follow -Form HrsufflnM Form 07-02-09M (Rev 5-05) Cordract Page 4 of 16 C H U B B Chubb Commercial Excess Follow -Form Insurance Limits Of Insurance Other Aggregate Limit However, the Other Aggregate Limit of this policy will: (continued) a not apply when all underlying insurance does not apply an aggregate limit; or apply in the same manner as the aggregate limit in controlling underlying insurance applies, provided all other underlying insurance also applies an aggregate limit in the same manner as controlling underlying insurance. Products -Completed Subject to the Each Occurrence Limit, the Products -Completed Operations Aggregate Limit is Operations Aggregate the most we will pay for the sum of amounts described as reducing Limits Of Insurance of this Limit insurance (see Payments That Reduce The Limits Of Insurance section) included in the products -completed operations hazard as defined in controlling underlying insurance. Each Occurrence Limit The Each Occurrence Limit is the most was will pay for the sum of amounts described as reducing Limits Of Insurancc of this insurance (see Payments That Reduce The Limits Of Insurance section) arising out of any one occurrence, even if such loss is or otherwise would be covered in whole or in part under more than one underlying insurance policy. Any such amounts we pay will reduce the amount of the applicable aggregate limit available for any other payment. If the applicable aggregate limit has been reduced to an amount that is less than the Each Occurrence Limit, then the remains amount of such aggregate limit is the most that will be available for any other payment. Payments That Reduce Any amounts we pay for loss will reduce the Limits Of Insurance of this insurance. The Limits Of Insurance Payments that we make under the Supplementary Payments and Investigation, Defense And Settlement sections of this insurance will not reduce the Limits Of Insurance, unless payments for investigation, defense and settlement and supplementary payments reduce the limits of insurance of any applicable underlying insurance. If costs or expenses for supplementary payments and investigation, defense and settlement reduce the limits of insurance of any applicable underlying insurance, then any such cost or expenses including supplementary payments to which this insurance applies will reduce the applicable Limits Of Insurance of this insurance. When This Fxcess Subject to all of the terms and conditions of this insurance, if the applicable underlying limits Follow -Form ■ reduced by payment of judgments, settlements or related costs or expenses (if such costs Insurance Applies or expenscs reduce such limits) for triggering events that happen during the policy period of this insurance and provided all underlying limits also applies to loss and also drops down, then this insurance will drop down to apply in excess of the remaining amount of the applicable underlying limits. • exhausted by payment of judgments, settlements or related costs or expenses (if such, costs or expenses reduce such limits) for triggering events that happen during the policy period of this insurance, then this insurance will apply in the same manner as the applicable controlling underlying insurance would have applied but for such exhaustion. Chubb CgrnMW W Excess Follow -Form Hrsuranm Form 07-02 09M (Rev 5-05) contract Page 5 of 16 Exclusions The use of the words damages, loss, cost or expense in any exclusion does not expand any coverage under this contract. Asbestos A. This insurance does not apply to any damages, loss, cost or expense arising out of the actual, alleged or threatened contaminative, pathogenic, toxic or other hazardous properties of asbestos. B. This insurance does not apply to any damages, loss, cost or expense arising out of any: 1. request, demand, order or regulatory or statutory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of asbestos; or 2. claim or proceeding by or on behalf of a governmental authority or others for any damages, loss, cost or expense because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of asbestos. Controlling Underlying This insurance does not apply to any damages, loss, cost or expense to which the terms and Insurance conditions of controlling underlying insurance do not apply. Coverages) Laws, This insurance does not apply to any damages, loss, cost or expense or obligation of any Various insured under any: ■ medical expenses or payments coverage or law; • no-fault coverage or law; • personal injury protection coverage or law; ■ underinsured or uninsured financial responsibility coverage or law; ■ workers' compensation, disability benefits or unemployment compensation coverage or law; or • similar coverage or law. Employee Refrrement This insurance does not apply to any damages, loss, cost or expense or obligation of any Income Security Laws insured under the United States of America Employees' Retirement Income Security Act (E.R.I.S.A.) of 1974 or any similar law, as now constituted or hereafter amended. Employment -Related A. This insurance does not apply to any damages, loss, cost or expense arising out of any Practices injury or damage sustained at any time by any: 1. person, whether or not sustained in the course of employment by any insured, arising out of any employment -related act, omission, policy, practice or representation directed at such person, occurring in whole or in part at any time. 2. brother, child, parent, sister or spouse of any person at whom any not, omission, policy, practice or representation is directed, as described in subparagraph A.1. above. B. As used in this exclusion, such acts, omissions, policies, practices or representations described above include any: 1. arrest, detention or imprisonment; 2. breach of any express or implied covenant; 3. coercion, criticism, humiliation, prosecution or retaliation; 4. defamation or disparagement; Chubb Cnmmsrdal Excess Follow -Form bnsuranm Form 07-02 09M (Rev 5-05) cordract Page 6 of 16 C H U S S" Chubb Commercial Excess Follow -Form Insurance Exclusions Employment -Related 5. demotion, discipline, evaluation or reassignment; Practices 6. discrimination, harassmcnt or segregation; (continued? 7. a.. eviction; or b. invasion or other violation of any right of occupancy; 8. failure or refusal to advance, compensate, employ or promote; 9. invasion or other violation of any right of privacy or publicity; 10. termination of employment; or 11. other employment -related act, omission, policy, practice, representation or relationship in connection with any insured at any time. C. This exclusion applies: 1. regardless of the capacity in which the insured may be liable; and 2. to any obligation to share any damages, loss, cost or expense with or repay someone else who must pay any damages, loss, cost or expense because of any of the foregoing. Nuclear Energy A. This insurance does not apply to any damages, loss, cost or expense: 1. with respect to which any insured under this policy also has status as an insured under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association, Mutual Atomic Energy Liability Underwriters, Nuclear Insurance Association of Canada or any of their successors, or would have had status as an insured under any such policy but for its termination upon exhaustion of its limit of insurance; or 2. arising out of the nuclear hazardous properties of nuclear material and with respect to which: a. any person or organization is required to maintain financial protection pursuant to the United States of America Atomic Energy Act of 1954, or any law amendatory thereof; or b. the insured is, or had this policy not been issued would be, entitled to indemnity from the United States of America, or any agency thereof, under any agreement entered into by the United States of America, or any agency thereof, with any person or organization. B. This insurance does not apply to any damages, loss, cost or expense arising out of the nuclear hazardous properties of nuclear material• 1. if the nuclear material: a. is at any nuclear facility owned by, or operated by or on behalf of, any insured; b. has been discharged or dispersed there from; or C. is contained in nuclear spent fuel or nuclear waste at any time transported, handled, stored, disposed of, processed, treated, possessed or used by or on behalf of any insured; or Chubb Cnmmsrdal Excess Follow-Fcrm Lnsuranoe Form 07-02-09M (Rev 5-05) contract Page 7 of 16 Exclusions Nuclear Energy 2. in any way related to the furnishing by any insured of services, materials, parts or (continued) equipment in connection with the planning, construction, maintenance, operation or use of any nuclear facility. But if such facility is located within the United States of America (including its possessions or territories) or Canada, this subparagraph 2. applies only to nuclear property damage to such nuclear facility and any property thereat. Obligations Of This insurance does not apply to any damages, loss, cost or expense for which the liability or Underlying Insurance obligation under underlying insurance is by law unlimited. Pollution A. 1. This insurance does not apply to any damages, loss, cost or expense arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of pollutants, other than as described in paragraph B. below. 2. Subparagraph A.1, above does not apply to: a. bodily injury or property damage included in the products -completed operations hazard; b. bodily injury or property damage: i. caused by the escape of operating fluids which are needed to perform the normal electrical, hydraulic or mechanical functions necessary for the operation of mobile equipment or its parts; ii. if sustained within a building and caused by the release of gaseous irritants or contaminants from materials brought into that building, in connection with operations being performed by you or on your behalf by a contractor or subcontractor; or iii. resulting from your other ongoing contracting operations; C. bodily injury if sustained within a building and caused by the escape of gaseous irritants or contaminants from equipment used to heat that building; d. bodily injury or property damage caused by heat, smoke or fumes from a hostile flre; or e. bodily injury or property damage resulting from the ownership, maintenance or use of an auto. B. This insurance does not apply to any damages, loss, cost or expense arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of pollutants: 1. which are or were at any time transported, handled, stored, disposed of, processed or treated as waste by or for any: a. insured; or b. person or organization for wham any insured may be legally responsible. 2. at or from any premises, site or location: a. which is or was at any time used by or for any insured or others for the handling, storage, disposal, processing or treatment of waste; or b. on which any insured or any contractor or subcontractor working directly or indirectly on any insured's behalf is performing operations, if the operations are to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of pollutants. Chubb Cnmmsrdal Excess Follow -Form Lnsufnce Form 07-02-09M (Rate 5-05) contract Page 8 of 16 C H U S S" Chubb Commercial Excess Follow -Form Insurance Exclusions Pollution C. This insurance does not apply to any damages, loss, cast or expense arising out of any: (con#inued) 1. request, demand, order, or regulatory or statutory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of pollutants; or 2. claim or proceeding by or on behalf of any governmental authority or others for any damages, lass, cost or expense 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. 3. Subparagraphs C.1. and C.2. above do not apply to the liability for damages, for property damage, that the insured would have in the absence of such request, demand, order or regulatory or statutory requirement, or such claim or proceeding by or on behalf of a governmental authority. This exclusion applies regardless of whether or not the pollution was accidental, expected, gradual, intended, preventable or sudden. With respect to this insurance, the fallowing conditions apply. Conditions ,appeals We may, at our discretion, initiate or participate in an appeal of a judgment, if such judgment may result in a payment under this insurance. If we initiate or participate in an appeal, we will pay our costs of the appeal. But in no case will the amount we pay for loss exceed the Limits Of Insurance. Bankruptcy Bankruptcy or insolvency of the insured or of the insureWs estate will not relieve us of our obligations under this insurance. Cancellation The first named insured may cancel this policy at any time by sending us a written request or by retimning the policy and stating when thereafter cancellation is to take effect. We may cancel this policy at any time by sending to the first named insured a notice sixty (60) days, twenty (20) days in the event of non-payment of premium, in advance of the cancellation date. Our notice of cancellation will be mailed to the first named insureWs last known address and will indicate the date on which coverage is terminated. If notice of cancellation is mailed, proof of mailing will be sufficient proof of notice. The earned premium will be computed on a pro rata basis. Any unearned premium will be returned as soon as practicable. Changes This policy can only be changed by a written endorsement that becomes part of this policy. The endorsement must be signed by one of our authorized representatives. Compliance By Insureds We have no duty to provide coverage under this policy unless you and any other involved insured have fully complied with all of the terms and conditions of the policy. Chubb CommwcW Excess Follow Form Hrsumrroe Form 07-02-09M (Rev 5-05) cwr[ract Page 9 of 16 Conditions (continued) Compliance With This insurance does not apply to the extent that trade or economic sanctions or other laws or Applicable Trade regulations prohibit us ftum providing insurance. Sanctions Conformance Any terns of this insurance which are in conflict with the applicable statutes of the State or jurisdiction in which this policy is issued are amended to conform to such statutes. Disclosures And We have issued this insurance: Representations a based upon representations you made to us; and • in reliance upon your representations. Unintentional failure of an employee of the insured to disclose a hazard or other material information will not violate this condition, unless an officer (whether or not an employee) of any insured or an officer's designee knows about such hazard or other material information. Duties In The Event Of A. You must see to it that we and any insurers of underlying insurance are notified as soon Occurrence, Offense, as practicable of any occurrence or offense that may result in a claim, if the claim may Claim or suit involve us or other insurers. To the extent possible, notice should include: 1. how, when and where the occurrence or offense happened; 2. the names and addresses of any injured persons and witnesses; and 3. the nature and location of any injury or damage arising out of the occurrence or offense. Notice of an occurrence or offense is not notice of a claim. B. If a claim is made or suit is brought against any insured, you must: 1. immediately record the specifics of the claim or suit and the date reccived; 2. notify us and any other insurers as soon as practicable; and 3. see to it that we receive written notice of the claim or suit as soon as practicable. C. You and any other involved insured must: 1. immediately send us copies of any demands, notices, summonses or legal papers received in connection with the claim or suit; 2. authorize us to obtain records and other information; 3. cooperate with us and any other insurers in the: a. investigation or settlement of the claim; or b. defense against the suit; and 4. assist us, upon our request, in the enforcement of any right against any person or organization which may be liable to the insured because of loss to which this insurance may also apply. D. No insured will, except at the insured's own cost, make any payment, assume any obligation or incur any expense without our consent. Chubb CgrnMWC al Excess Follow -Form Hrsufflnce Form 07-02-09M (Rev 5-05) Contract Page 10 of 16 C H U B B Chubb Commercial Excess Follow -Form Insurance Conditions Duties in The Event Of E. Notice given by or on behalf of Occurrence, Offense, 1. the inured; Claim Or Suit (continued) 2. the injured person; or 3. any other claimant; to a licensed agent of ours with particulars sufficient to identify the insured shall be deemed notice to us. F. Knowledge of an occurrence or offense by an agent or employee of the insured will not constitute knowledge by the insured, unless an officer (whether or not an employee) of any insured or an ofccr's designee ]mows about such occurrence or offense. G. Failure of an agent or employee of the inured, other than an officer (whether or not an employee) of any insured or an officer's designee, to notify us of an occurrence or offense which such person knows about will not affect the insurance afforded to you. H. If a claim or loss does not reasonably appear to involve either this insurance or any underlying insurance, but it later develops into a claim or loss to which this insurance applies, the failure to report it to us will not violate this condition, provided the insured gives us immediate notice as soon as the insured is aware that this insurance may apply to such claim or loss. First Named Insured The person or organization first named in the Declarations is primarily responsible for payment of all premiums. The first named insured will act on behalf of all other named insureds for the giving and receiving of notice of cancellation or nonrenewal and the receiving of any return premiums that become payable under this policy. Inspections And Surveys We may: make inspections and surveys at any time; give you reports on the conditions we find; and recommend changes. Any inspections, surveys, reports or recommendations relate only to insurability and the premiums to be charged We do not make safety inspections. We do not undertake to perform the duty of any person or organization to provide far the health or safety of workers or the public. We do not warrant that conditions: are safe or healthful; or comply with laws, regulations, codes or standards. This condition applies not only to us, but also to any rating, advisory, rate service or similar organization, which makes insurance inspections, surveys, reports or recommendations for us. Legal Action Against Us No person or organization has a right under this insurance to: join us as a party or otherwise bring us into a suit seeking damages from an insured; or sue us on this insurance unless all of the terms and conditions of this insurance have been fully complied with. Chubb CnmmwcW Excess Follow -Farm Hisurur" Form 07-02-09M (Rev 5-05) Contract Page 11 of 16 Conditions Legal Action Against Us A person or organization may sue us to recover on an agreed settlement or on a final (con#inued) judgment against an insured obtained after an actual: • trial in a civil proceeding; or • arbitration or other alternative dispute resolution proceeding; but we will not be liable for any damages, loss, cost or expense that are not payable under the terms and conditions of this insurance, or that are in excess of the applicable Limits Of Insurance. Maintenance Of We have issued this insurance in reliance upon representations made by you about underlying Underlying Insurance insurance and underlying limits. You must see to it that: And Underlying Limits 9 underlying insurance is and remains valid and in full force and effect, • underlying insurance will not be cancelled, non-rencwcd or rescinded without replacement by coverage to which we agree. • the terms and conditions of underlying insurance will not materially change, unless we agree otherwise. • the terms and conditions of renewals or replacements of underlying insurance will be materially the same as the prior coverage, unless we agree otherwise. ■ underlying limits are and remain available, regardless of any bankruptcy, insolvency or other financial impairment of any ina= or any other person or organization. • the underlying limits will not be reduced or exhausted, except for the reduction or exhaustion by payment of judgments, settlements or related costs or expenses (if such costs or expenses reduce such limits). Failure to comply with this condition will not invalidate this insurance. But in the case of any such failure, our obligation or liability will not exceed that which would have applied absent any failure to comply with this condition. You must notify us as soon as practicable if any underlying insurance is no longer valid or in full farce or effect. Other Insurance If other valid and collectible insurance is available to the insured for loss that we would otherwise cover under this insurance, our obligations are limited as follows. A. This insurance is excess over any insurance affording coverage that this insurance would also afford, whether primary, excess, contingent or on any other basis. B. We will pay only our share of the amount of loss, if any, that exceeds the sum of the total of 1. amounts that all other insurance would pay far loss in the absence of this insurance; and 2. all self insured retentions, self insurance, deductible or other mechanisms (including contractual obligations of any person or organization to the insured) arranged for the funding of loss. The insurance or other mechanisms described in subparagraphs A. or B. above does not include underlying insurance or insurance negotiated specifically to apply in excess of this insurance. Chubb Cnmmsrdal Excess Follow -Form Hrsurance Form 07-02-09M (Rev 5-05) conhact Page 12 of 16 C H U B B Chubb Commercial Excess Follow -Form Insurance Conditions (con#inued) Titles Of Paragraphs The titles of the various paragraphs of this policy and endorsements, if any, attached to this policy are inserted solely for convenience or reference and are not to be deemed in any way to limit or affect the provisions to which they relate. Transfer Of Rights And Your rights and duties under this insurance may not be transferred without our written consent, Duties However, if you die, then your rights and duties will be transferred to your legal representative, but only while acting within the scope of duties w your legal representative, or to anyone having temporary custody of your property until your legal representative has been appointed. Transfer Or Waiver Of We will waive the right of recovery we would otherwise have had against another person or Rights Of Recovery organization for loss to which this insurance applies, provided the insured has waived their Against Others rights of recovery against such person or organization in a contract or agreement that is executed before loss. To the extent that the insureWs rights to recover all or part of any payment made under this insurance have not been waived, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring suit or transfer those rights to us and help us enforce them. Any amount recovered will be apportioned as follows: • first, we shall receive all amounts recovered until we have been fully reimbursed for all amounts we have incurred, including casts or expenses of such recovery proceedings. • then, you are entitled to claim for any further amount recovered. When Loss is Payable Our obligation to make payment of loss, which is covered under the terms and conditions of this insurance, does not apply unless and until there has been payment of the full amounts of underlying limits and other insurance. When We Do Not Renew If we decide not to renew this policy, we will mail or deliver to the first named insured stated in the Declarations written notice of the nonrenewal not lea than sixty (60) days before the expiration date. If notice of nonrenewal is mailed, proof of mailing will be sufficient proof of notice. Chubb CammwcW Excess Follow -Form Lnsumrroe Form 07-02 09M (Rev 5-05) Contract Page 13 of 16