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HomeMy WebLinkAboutFIELDTURF USA, INC. (3) INSURANCE ON FILE "d0�ih%'A'( °ROCELD ul i_ A-2023-018-01 MAYOR C11 , CITY MANAGER Valerie Amezcua MAYOR PRO TEM �� APR Q � 2026 � Alvaro Nunez .d.sa, CITY ATTORNEY David Penaloza = Sonia R.Carvalho COUNCILMEMBERS CITY CLERK Phil Sacerra Jennifer L.Hail Johnathan Ryan Hernandez Jessie Lopez Thai Viet Phan Benjamin Vazquez CITY OF SANTA ANA A � PUBLIC WORKS AGENCY 7urt�e t3ceV¢dv 1' 20 Civic Center Plaza I PQ Box 1988 (Dz) Santa Ana,Califomia 92702 www.santa-ana.or4 January 23,2026 FieldTurf USA, Inc. Attn: Lisa Kerwin 7445 Cote-de-Liesse Road, Suite 200 Montreal, Quebec, H4T 1G2 Re: Extension of Agreement No.A-2023-018 for artificial turf sports field maintenance Pursuant to Section 3 ("Term") of the above-referenced Agreement, entered into by FieldTurf USA, Inc. and the City of Santa Ana, dated February 7, 2023,the parties hereby exercise their first one-year extension to the term of the Agreement through February 6, 2027. Any insurance certificates are required to be extended and/or renewed to cover this extension. All other terms and conditions of the Agreement remain unchanged and in full force and effect. Sincerely, A4 odolfo Rosas, P.E. Acting Executive Director, Public Works Agency CITY OF TA ANA ATTEST Alvaro Nunez er L all City Manager Ci C APPROVED AS TO FORM FIELDTURF USA,INC. K# Nellesen B arren Gill Assistant City Attorney Title:Executive Vice President SANTA ANA CITY COUNCIL Valerie Amezwa David Penalaza Thai Viet Phan Benjamin Vazquez Jessie Lopez Phil Bacerra Johnathan Ryan Hernandez Mayor Mayor Pro Tem-ward 6 Ward 1 Ward 2 Ward 3 Ward 4 Ward 5 vamezwaC�santa-ana.ora daenalaza(msanta-ana cm tnhanR%ntaana.ora bvazuuezZsanta-ana.om iessielooez(�santa-ana.ora PbacerraR�sama-ana.orn lntanhemandez(ksanta-ana.orn Page 1 of 2 ACORD DATE(MMMDIYYYY) CERTIFICATE OF LIABILITY INSURANCE 03/18/2026 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 ondorsement(s). PRODUCER CONTACT NAME: Willis Towers Watson Certificate Center Willis Towers Watson Northeast, Inc. PHONN Ex 1-$77-945-7378 C No: 1-898-467-2378 c/o 26 Century Blvd EMAIL P.O. Box 305191 ADDRE S: Certificates @will is.com Nashville, TN 372305191 USA INSURERS AFFORDING COVERAGE NAIC# INSURERA: XL Insurance America Inc 24554 INSURED INSURERB: Travelers Property Casualty Company of Ame 25674 Fieldturf USA, Inc. c/o Sports Division INSURERC: Standard Fire Insurance Company 19070 Tarkett Inc. INSURER D: Berkley Assurance Company 39462 7445 Cote-de-Liesse Road, Suite 200 INSURER E: Montreal, QC H4T 1G2 CAN INSURER F COVERAGES CERTIFICATE NUMBER:W44772348 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 Or 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. LIMITS SHOWN ARE INCLUSIVE OF AMOUNTS REQUESTED BY THE CERTIFICATE HOLDER AND MAY NOT REFLECT POLICY LIMIT AMOUNTS IN EXCESS OF THOSE REQUESTED. *Not Applicable in WY INSR TYPE OF INSURANCE ADDL SUBR POLICY BFF POLICY EXP LIMITS LTR POLICYNUMBER MMIDDIYYYY MMIDDIYYYY X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMACLAIMS-MADE � OCCUR PREMISES Eaoc 500,000 PREMISES Ea occurrence $ A MED EXP(Any one person) $ 10,000 Y Y US0001C327LI25A 05/01/2025 05/01/2026 PERSONAL&ADV INJURY $ 1,000,000 GEN'LAGGREGATELIMITAPPLIESPER; GENERALAGGREGATE $ 2,000,000 POLICY X JEC7 PRO- LOC PRODUCTS-COMPIOPAGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMHINED SINGLE LIM T Ea accident $ S,OOD,D00 X ANY AUTO BODILY INJURY(Per person) $ B OWNED SCHEDULED Y Y TC2JCAP-823K312A-TIL-25 05/01/2025 05/01/2026 BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NCN-OWNED PROPHRTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident X UMBRELLALIAa X OCCUR EACH OCCURRENCE $ 5,000,D00 A EXCESSLUI6 CLAIMS-MADE AGGREGATE $Y Y USOOOI0615LI25A 05/01/2025 05/01/2026 5,000,000 DED X RETENTION$ 10,000 $ WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER B ANYPROPRIETORIPARTNERIEXECUTIVE YIN E.L.EACH ACCIDENT $ 1,000,000 OFFICERIMEMBEREXCLUL Na NIA Y UB-8P793534-25-51-K 05/01/2025 05/01/2026 (Mandatory inNHI E.L.DISEASE-FA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ C Workers Compensation & Y UB-SP760619-25-51-R 05/01/2025 05/O1/2026 E.L. Each Accident $1,000,000 Employer's Liability E.L, Disease--Pol Latt $1,000,000 Per Statute E.L. Disease-Each $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES {ACORD 101,Additional Remarks Schedule,may be attached if more space is required) This Voids and Replaces Previously Issued Certificate Dated 02/13/2026 WITH ID: W43963762, Project: City of Santa Ana (CA) - Santa Anita Park Soccer - 00004178 Agreement No. A-2023-018 SEE ATTACHED �g�y APPROVED CERTIFICATE HOLDER CANCELLATION i3y Tu Traff-Nii yen at?let a ,ar 0q SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Santa Ana ACCORDANCE WITH THE POLICY PROVISIONS. Public Works Agency AUTHORIZED REPRESENTATIVE 20 Civic Center Plaza PO Pox 1988 Santa Ana, CA 92702 ©1988-2025 ACORD CORPORATION. All rights reserved. ACORD 25(2025//12) The ACORD namo and logo are registered marks of ACORD sit To: 29589925 —C!H: 4369005 AGENCY CUSTOMER ID: LOC#: AC R i ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY NAMED INSURED Willis Towers Watson Northeast, Inc. Fieldturf USA, Inc. C/o Sports Division POLICY NUMBER Tarkett Inc. See Page 1 7445 Cote-de-Liesse Road, Suite 200 Montreal, QC N4T 1G2 CAN CARRIER NAIL CODE See Page 1 See Page 1 EFFECTIVE DATE: See Page 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance WC Policies: Policy # UB-8P793534-25-51-K - covers all other states. Policy # UR-8P760619-25-51-R - covers AZ, MA, WI only. City of Santa Ana, its City Council, officers, officials, employees, agents, and volunteers are included as Additional Insured on the General Liability, Automobile Liability, Excess/Umbrella Liability policy, as respects to ongoing and completed operations performed on the project specified in the construction contract for the period of time required within the contract. It is further agreed that such insurance as is afforded shall be Primary and Non-contributory with any other insurance in force for or which may be purchased by the Additional Insured, where required by written contract executed prior to loss and permitted by law. Waiver of Subrogation applies in favor of City of Santa Ana, its City Council, officers, officials, employees, agents, and volunteers with respects to General Liability, Automobile Liability, Excess/LYmbrella Liability Policy and Workers Compensation coverage where required by written contract subject to policy terms and conditions and as permitted by law. INSURER AFFORDING COVERAGE: Berkley Assurance Company NAIC#: 39462 POLICY NUMBER: PCAB-5C30451-0226 EFF DATE: 02/15/2026 EXP DATE: 02/15/2027 TYPE OF INSURANCE: LIMIT DESCRIPTION: LIMIT AMOUNT: Professional Liability Aggregate $2,000,000 Per Claim $2,000,000 SIR $250,000 ACORD 101 (2008101) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SR ID: 29589925 BATCH: 4369005 CERT: W44772348 TC2J CAP-823 K312A-Tl L-25 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY WITH OTHER INSURANCE This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM PROVISIONS 2. The following is added to Paragraph B.S., Other 1. The following is added to Paragraph A.1.e., Who Insurance of SECTION IV — BUSINESS AUTO Is An Insured, of SECTION II — COVERED CONDITIONS: AUTOS LIABILITY COVERAGE: Regardless of the provisions of paragraph a. and This includes any person or organization who you paragraph d. of this part S. Other Insurance, this are required under a written contract or insurance is primary to and non-contributory with agreement between you and that person or applicable other insurance under which an organization, that is signed by you before the additional insured person or organization is the "bodily injury" or "property damage" occurs and first named insured when the written contract or that is in effect during the policy period, to name agreement between you and that person or as an additional insured for Covered Autos organization, that is signed by you before the Liability Coverage, but only for damages to which "bodily injury" or "property damage" occurs and this insurance applies and only to the extent of that is in effect during the policy period, requires that person's or organization's liability for the this insurance to be primary and non-contributory. conduct of another"insured". CA T4 74 02 16 C 2016 The Travelers Indemnity Company.All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office,Inc.with its permission. TC2JCAP-823K312A-TI L-25 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY WITH OTHER INSURANCE - CONTRACTORS This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM PROVISIONS 2. The following is added to Paragraph B.5., Other 1. The following is added to Paragraph c. in A.1., Insurance of SECTION IV — BUSINESS AUTO Who Is An Insured, of SECTION II — COVERED CONDITIONS: AUTOS LIABILITY COVERAGE: Regardless of the provisions of paragraph a. and This includes any person or organization who you paragraph d. of this part S. Other Insurance, this are required under a written contract or insurance is primary to and non-contributory with agreement, that is signed by you before the applicable other insurance under which an "bodily injury" or "property damage" occurs and additional insured person or organization is a that is in effect during the policy period, to name named insured when a written contract or as an additional insured for Covered Autos agreement with you, that is signed by you before Liability Coverage, but only for damages to which the "bodily injury" or "property damage" occurs this insurance applies and only to the extent of and that is in effect during the policy period, that person's or organization's liability for the requires this insurance to be primary and non- conduct of another"insured". contributory. CA T4 99 02 16 ©2016 The Travelers Indemnity Company.All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office,Inc.with its permission. TC2JCAP-823K312A-TIL-25 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET WAIVER OF SUBROGATION This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM The following replaces Paragraph A.S., Transfer of required of you by a written contract executed Rights Of Recovery Against Others To Us, of the prior to any "accident" or 'loss", provided that the CONDITIONS Section: "accident" or "loss" arises out of the operations 5. Transfer Of Rights Of Recovery Against Oth- contemplated by such contract. The waiver ap- ers To Us plies only to the person or organization desig- We waive any right of recovery we may have nated in such contract. against any person or organization to the extent CA T3 40 02 15 ©2015 The Travelers Indemnity Company.All rights reserved. Page 1 of 'I Includes copyrighted material of Insurance Services Office, Inc.with its permission. POLICY NUMBER: US00010327LI25A COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: Any person or organization that you are required in a written contract or written agreement to waive any right of recovery we may have against the person or organization, provided the"Bodily Injury"or"Property Damage" occurs subsequent to the execution of the written contract or written agreement. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV- Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products- completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 0 Insurance Services Office, Inc., 2008 Page 1 of 1 ENDORSEMENT# This endorsement, effective 12:01 a.m., May 01, 2025 forms a part of Policy No. US00010327LI25A issued to Tarkett Finance Inc. by XL Insurance America, Inc. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY INSURANCE CLAUSE ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS COVERAGE PART It is agreed that to the extent that insurance is afforded to any Additional Insured under this policy, this insurance shall apply as primary and not contributing with any insurance carried by such Additional Insured, as required by written contract. All other terms and conditions of this policy remain unchanged. XIL 424 0605 Q, 2005, XL America, Inc. POLICY NUMBER: US00010327LI25A COMMERCIAL GENERAL LIABILITY CG 20 10 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES 4R 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) Locations Of Covered Operations Any person or organization that you are required in As required per written contract a written contract or written agreement to include as an additional insured provided the "Bodily Injury" or "Property Damage" occurs subsequent to the execution of the written contract or written agreement. 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. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional organization(s) shown in the Schedule, but only exclusions apply: with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" This insurance does not apply to "bodily injury" or caused, in whole or in part, by: "property damage"occurring after: 1. Your acts or omissions; or 1. All work, including materials, parts or equipment furnished in connection with such 2. The acts or omissions of those acting on your work, on the project (other than service, behalf; maintenance or repairs) to be performed by or in the performance of your ongoing operations for on behalf of the additional insured(s) at the the additional insured(s) at the location(s) location of the covered operations has been designated above. 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 O Insurance Services Office, Inc., 2018 Page 1 of 2 C. With respect to the insurance afforded to these 2. Available under the applicable limits of additional insureds, the following is added to insurance; Section III—Limits Of Insurance: whichever is less. If coverage provided to the additional insured is This endorsement shall not increase the required by a contract or agreement, the most we applicable limits of insurance. will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or Page 2 of 2 ©Insurance Services Office, Inc., 2018 CG 20 10 12 19 POLICY NUMBER: US000103271_125A COMMERCIAL GENERAL LIABILITY CG 20 37 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTSICOMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations Any person or organization that you are required As required per written contract written contract orwritten agreement to include as an additional insured provided the "Bodily Injury" or"Property Damage" occurs subsequent to the execution of the written contact or written agreement. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section 11 — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III—Limits Of Insurance: with respect to liability for "bodily injury" or If coverage provided to the additional insured is "property damage" caused, in whole or in part, by required by a contract or agreement, the most we "your work" at the location designated and will pay on behalf of the additional insured is the described in the Schedule of this endorsement amount of insurance: performed for that additional insured and included in the"products-completed operations hazard". 1. Required by the contract or agreement; or However: 2. Available under the applicable limits of 1. The insurance afforded to such additional insurance; insured only applies to the extent permitted by whichever is less. law; and This endorsement shall not increase the 2. If coverage provided to the additional insured is applicable limits of insurance. 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 37 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 arkett Finance Inc. EOL#US00010615L225A Eff: 05/01/2025 COMMERCIAL UMBRELLA LIABILITY POLICY Various provisions in this Policy restrict coverage. Read the entire Policy carefully to determine rights, duties and what is and is not covered. Throughout this Policy the words "you" and "your" refer to the "Named Insured" shown in Item 1 of the Declarations. The words"we", "us" and `bur" refer to the Company providing this insurance. Other words and phrases that appear in quotation marks have special meaning. Refer to Section VI. Definitions_ In consideration of the payment of premium and in reliance upon the statements in the Declarations and subject to the Limits of Insurance, Exclusions, Conditions, Definitions and other terms of this Policy, the Company named in the Declarations (a capital stock company, herein called the Company) agrees with the "Named Insured"to provide coverage as follows: SECTION I. INSURING AGREEMENTS Coverage A. We will pay on behalf of the "Insured"those sums in excess of the "Retained Limit" that the "Insured" becomes legally obligated to pay as damages because of "Bodily Injury", "Property Damage" or "Personal and Advertising Injury" to which this insurance applies. The amount we will pay for damages is limited as described in Section III. Limits of Insurance. If we are prevented by law or statute from paying damages covered by this Policy on behalf of the "Insured", then we will indemnify the "Insured"for those sums in excess of the"Retained Limit". B. This Policy applies: 1. To "Bodily Injury" or"Property Damage" only if the "Bodily Injury" or"Property Damage" is caused by an "Occurrence" that takes place anywhere, and the `Bodily Injury" or "Property Damage" occurs during the "Policy Period"; 2. To "Personal and Advertising Injury' only if the "Personal and Advertising Injury" is caused by an "Occurrence" that takes place anywhere arising out of your business, but only if the "Occurrence" was committed during the"Policy Period"; and 3. To "Bodily Injury", "Property Damage", or "Personal and Advertising Injury" only if prior to the "Policy Period" no "Insured" designated in Section VI. Definitions, F. Insured, Paragraphs 1. and 2., no manager in your risk management, insurance or legal department and no employee who was authorized by you to give or receive notice of an "Occurrence", claim or"Suit", knew that the "Bodily Injury" or "Property Damage" had occurred, in whole or in part, or that an "Occurrence" had been committed that caused "Personal and Advertising Injury". If such an "Insured", manager or authorized employee knew, prior to the "Policy Period", that the "Bodily Injury" or "Property Damage" had occurred or that an "Occurrence" had been committed that caused "Personal and Advertising Injury", then any continuation, change or resumption of such "Bodily Injury", "Property Damage" or"Personal and Advertising Injury" during or after the "Policy Period" will be deemed to have been known prior to the"Policy Period". CUU 050 0805 ©XL America, Inc. 2004 Page 1 of 28 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. 4. That any renewals or replacements of "Scheduled Underlying Insurance" will provide equivalent coverage to and afford limits of insurance equal to or greater than the policy being renewed or replaced. If you fail to comply with these requirements,we will be liable only to the same extent that we would had you fully complied with these requirements. In the event of bankruptcy, liquidation, insolvency, or unwillingness of the insurer providing "Scheduled Underlying Insurance" to pay "Loss" covered by "Scheduled Underlying Insurance", we will be liable only to the same extent that we would have, had the "Scheduled Underlying Insurance" been applicable and collectible. L. "Other Insurance" This insurance is excess over and shall not contribute with any of the "Other Insurance", whether primary, excess, contingent or on any other basis. This condition will not apply to insurance specifically written as excess over this Policy. When this insurance is excess, we will have no duty to defend the "Insured" against any "Suit" if any other insurer has a duty to defend the "Insured" against that "Suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the "Insured's" rights against all those other insurers. When this insurance is excess over "Other Insurance", we will pay only our share of the "Loss"that exceeds the sum of: 1. The total amount that all such"Other Insurance"would pay for the"Loss" in the absence of this insurance; 2. The total of all deductible and self insured amounts under all that"Other Insurance". M. Premium The first "Named Insured" designated in Item 1 of the Declarations shall be responsible for payment of all premiums when due. The premium for this Policy shall be computed on the basis set forth in Item 6 of the Declarations. At the beginning of the "Policy Period", you must pay us the Advance Premium shown in Item 6 of the Declarations. When this Policy expires or if it is cancelled, we will compute the earned premium for the time this Policy was in force. If this Policy is subject to audit adjustment, the actual exposure base will be used to compute the earned premium. If the earned premium is greater than the Advance Premium, you will promptly pay us the difference. If the earned premium is less than the Advance Premium, we will return the difference to you. But in any event, we shall retain the Minimum Premium as shown in Item 6 of the Declarations for each twelve(12) months of the"Policy Period". CUU 050 0805 O XL America, Inc. 2004 Page 19 of 28 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. N. Separation of"Insureds" Except with respect to the Limits of Insurance of this Policy and rights or duties specifically assigned to the first"Named Insured" designated in Item 1 of the Declarations, this insurance applies: 1. As if each "Named Insured"were the only"Named Insured", and 2. Separately to each "Insured"against whom claim is made or"Suit" is brought. O. Transfer of Rights of Recovery 1. If any"Insured" has rights to recover all or part of any payment we have made under this Policy, those rights are transferred to us. The "Insured" must do nothing after "Loss" to impair these rights and must help us enforce them. 2. Any recoveries shall be applied as follows: a. any person or organization, including the"Insured", that has paid an amount in excess of the applicable Limits of Insurance of this Policy will be reimbursed first; b. we then will be reimbursed up to the amount we have paid; and c. lastly, any person or organization, including the "Insured", that has paid an amount over which this Policy is excess is entitled to claim the remainder. Expenses incurred in the exercise of rights of recovery shall be apportioned among the persons or organizations, including the "Insured", in the ratio of their respective recoveries as finally determined. 3. If, prior to the time of an "Occurrence", you and the insurer of "Scheduled Underlying Insurance" waive any right of recovery against a specific person or organization for injury or damage as required under an "Insured Contract we will also waive any rights we may have against such person or organization. P. Transfer of Your Rights and Duties Your rights and duties under this Policy may not be transferred without our written consent. If you die or are legally declared bankrupt, your rights and duties will be transferred to your legal representative, but only while acting within the scope of duties as your legal representative. However, notice of cancellation sent to the first "Named Insured" designated in Item 1 of the Declarations and mailed to the address shown in this Policy will be sufficient notice to effect cancellation of this Policy. Q. When We Do Not Renew If we decide not to renew this Policy, we will mail or deliver to the first"Named Insured" shown in the Declarations written notice of the non-renewal not less than thirty(30) days before the expiration date. If notice is mailed, proof of mailing will be sufficient proof of notice. CUU 050 0805 ©XL America, Inc. 2004 Page 20 of 28 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. SECTION VI. DEFINITIONS A. "Advertisement" means a notice that is broadcast or published to the general public or specific market segments about your goods, products or services for the purpose of attracting customers or supporters. For the purposes of this definition: 1. Notices that are published include material placed on the Internet or on similar electronic means of communication; and 2. Regarding web-sites, only that part of a web-site that is about your goods, products or services for the purposes of attracting customers or supporters is considered an "Advertisement". B. "Auto" means:. 1. A land motor vehicle, trailer or semi-trailer designed for travel on public roads, including any attached machinery or equipment; or 2. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor insurance law in the state where it is licensed or principally garaged. However, "Auto" does not include "Mobile Equipment". C. "Bodily injury" means bodily injury, sickness or disease sustained by any person, including death, mental anguish, mental injury, shock or humiliation resulting from any of these at any time. D. "Hostile fire" means a fire that becomes uncontrollable or breaks out from where it was intended to be. E. "impaired Property" means tangible property, other than "Your Product" or"Your Work", that cannot be used or is less useful because: 1. It incorporates "Your Product" or"Your Work"that is known or thought to be defective, deficient, inadequate or dangerous; or 2. You have failed to fulfill the terms of a contract or agreement; if such property can be restored to use by: 1. The repair, replacement, adjustment or removal of"Your Product" or"Your Work"; or 2. Your fulfilling the terms of the contract or agreement. F. "Insured" means: 1. The"Named Insured"; and 2. If you are designated in the Declarations as: a. An individual, you and your spouse are insureds, but only with respect to the conduct of a business of which you are the sole owner. CULL 050 0805 ©XL America, Inc. 2004 Page 21 of 28 Includes copyrighted material of Insurance Services Office, Inc., with its permission. b. A partnership or joint venture, you are an insured. Your members, your partners, and their spouses are also insureds, but only with respect to the conduct of your business. c. A limited liability company, you are an insured. Your members are also insureds, but only with respect to the conduct of your business. Your managers are insureds, but only with respect to their duties as your managers. d. An organization other than a partnership, joint venture or limited liability company, you are an insured. Your executive officers and directors are insureds, but only with respect to their duties as your officers or directors. Your stockholders are also insureds, but only with respect to their liability as stockholders. e. A trust, you are an insured. Your trustees are also insureds, but only with respect to their duties as trustees. 3. Your employees, other than either your executive officers (if you are an organization other than a partnership, joint venture or limited liability company) or your managers (if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. 4 Your volunteer workers, but only while performing duties related to the conduct of your business. 5. Any person (other than your employee or volunteer worker) or any organization while acting as your real estate manager. 6. Your legal representative if you die, but only with respect to duties as such. That representative will have your rights and duties under this Policy. 7. Any person or organization, other than the "Tamed Insured" included as an additional insured under"Scheduled Underlying Insurance," but not for broader coverage than would be afforded by such "Scheduled Underlying Insurance." Notwithstanding any of the above: a. No person or organization is an "Insured" with respect to the conduct of any current, past or newly formed partnership, joint venture or limited liability company that is not designated as a "Named Insured" in Item 1 of the Declarations; and b. No person or organization is an "Insured" under this Policy who is not an "Insured" under "Scheduled Underlying Insurance". G. "Insured Contract" means: 1. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an "Insured Contract"; 2. A sidetrack agreement; 3. Any easement or license agreement, except in connection with construction or demolition operations on or within fifty(50)feet of a railroad; CLIU 060 0805 ©XL America, Inc. 2004 Page 22 of 28 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Endorsement No.: Effective Date: May 1, 2025 Issue Date: May 1, 2025 Attached to and forming part of Policy No.: US00010615LI25A Issued To: Tarkett Finance, Inc. By: XL Insurance America, Inc. Amendment to Condition L. Other Insurance — Primary and Non-Contributory This endorsement changes the policy. Please read it carefully. This endorsement modifies insurance provided under the following: Commercial Umbrella Liability Policy SECTION'V. CONDITIONS, Paragraph L. is deleted in its entirety and replaced by the following: L. "Other Insurance" This insurance is excess over and shall not contribute with any of the"Other Insurance",whether primary,excess, contingent or on any other basis. This condition will not apply: 1. To insurance specifically written as excess over this Policy; or 2. If you have agreed in a written contract or written agreement with another person or organization that this Policy shall be primary and non-contributory with such other person or organization's coverage, but only with respect to damages which occur subsequent to the signing and execution of that contract or agreement by you and arise out of"Your Work" under such written contract or written agreement. The coverage available to the other person or organization will be the lesser of this Policy's Limits of Insurance or the minimum limits required by such written contract or written agreement. In this case, "Other Insurance" of that person or organization will apply as excess and not contribute prior to the insurance afforded by this Policy. When this insurance is excess,we will have no duty to defend the"Insured"against any"Suit"if any other insurer has a duty to defend the"Insured"against that"Suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the"Insured's" rights against all those other insurers. When this insurance is excess over"Other Insurance", we will pay only our share of the"Loss"that exceeds the sum of: a. The total amount that all such"Other Insurance"would pay for the"Loss"in the absence of this insurance; and b. The total of all deductible and self-insured amounts under all that"Other Insurance." All other terms, definitions, conditions and exclusions of this Policy remain unchanged. CUU 492 0717 O 2017 X.L. America, Inc. All Rights Reserved. Page 1 of 1 May not be copied without permission. Includes copyrighted material of Insurance Services Office, Inc.with its permission. Aftk TRA ELERS J WORKERS COMPENSATION AND ONE TOWER SQUARE EMPLOYERS LIABILITY POLICY HARTFORD CT 06183 ENDORSEMENT WC 00 03 13 (00)- 0ol POLICY NUMBER: UB-8P793534-25-51-K 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 any one not named in the Schedule. SCHEDULE DESIGNATED PERSON: DESIGNATED ORGANIZATION: ANY PERSON OR ORGANIZATION FOR WHICH THE INSURED HAS AGREED BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO FURNISH THIS WAIVER. Any person or organization for which the employer has agreed by written contract, executed prior to loss, may execute a waiver of subrogation. However, for purposes of work performed by the employer in Missouri, this waiver of subrogation does not apply to any construction group of classifications as designated by the waiver of right to recover from others (subrogation) rule in our manual. DATE OF ISSUE: ST ASSIGN: PAGE 1 OF 1 TRAVELERS JR WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ONE TOWER SQUARE HARTFORD CT 06183 ENDORSEMENT WC 00 03 13 (00)- 001 POLICY NUMBER: U3-82760619-2S-51-R 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 any one not named in the Schedule. SCHEDULE DESIGNATED PERSON: DESIGNATED ORGANIZATION: ANY PERSON OR ORGANIZATION FOR WHICH THE INSURED HAS AGREED BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO FURNISH THIS WAIVER, DATE OF ISSUE: ST ASSIGN: PAGE 1 OF 1