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SERVICE PROVIDER AGREEMENT
This SERVICE PROVIDER AGREEMENT (“Agreement”) is entered into this ___ day of July, 20 26 (“Effective Date ”), by and between the CITY OF ALAMEDA, a municipal corporation ( “the City”), and ENVIRONMENTAL LOGISTICS , INC. , a California corporation, whose address is 3200 DEPOT ROAD, HAYWARD, CALIFORNIA 94545 (“Provider”), in reference to the following facts and circumstances:
RECITALS
A. The City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of the City.
B. The City is in need of the following services: on-call collection and disposal of hazardous waste that City staff collects from the City’s various public rights -of-way. City staff published a notice in the newspaper on May 8, 2026 and, after a submittal period of twenty days, received five timely submitted bids or proposals and selected the service provider that best meets the City's need for services.
C. Provider possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement on the terms and conditions described herein.
D. The City and Provider desire to enter into an agreement for on-call collection, transport and disposal of hazardous waste from the City of Alameda Maintenance Service Center Yard located at 1616 Fortmann Way, upon the terms and conditions herein.
E. Whereas, the City Council authorized the City Manager to execute this agreement on July 21, 2026.
AGREEMENT
NOW, THEREFORE, in consideration of the forgoing, which are incorporated herein by reference, and for good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the City and Provider agree as follows:
1. TERM:
The term of this Agreement shall commence on the 22nd day of July 2026, and shall terminate on the 30th day of June 2031, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED:
Provider agrees to do all necessary work at its own cost and expense, to furnish all labor, tools, equipment, materials, except as otherwise specified, and to do all necessary work included in Exhibit A as requested. Provider acknowledges that the work plan included in Exhibit A is tentative and does not commit the City to request Provider to perform all tasks included therein.
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3. COMPENSATION TO PROVIDER:
a. By the 7th day of each month, Provider shall submit to the City an invoice for the total amount of work done the previous month. Pricing and accounting of charges are to be according to the fee schedule as set forth in Exhibit B and incorporated herein by this reference. b. Compensation for work done under this Agreement, shall not exceed as follows:
FY 2026-2027 total compensation shall not exceed: $25,000 FY 2027-2028 total compensation shall not exceed: $25,750 FY 2028-2029 total compensation shall not exceed: $26,522.50 FY 2029-2030 total compensation shall not exceed: $27,318.18 FY 2030-2031 total compensation shall not exceed: $28,137.72 Total five-year compensation shall not exceed $132,728.40 Use of contingency shall be for items of work outside the original scope and requires prior written authorization by the City.
4. TIME IS OF THE ESSENCE:
Provider and the City agree that time is of the essence regarding the performance of this Agreement.
5. STANDARD OF CARE:
Provider shall perform all services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Provider represents that i t is skilled in the professional calling necessary to perform all services contracted for in this Agreement . Provider further represents that all of its employees and subcontractors shall have sufficient skill and experience to perform the duties assigned to them pursuant to and in furtherance this Agreement.
Provider further represents that it (and its employees and subcontractors) have all licenses, permits, qualifications, and approvals of whatever nature that are legally required to perform the services (including a City Business License , as needed ); and that such licenses and approvals shall be maintained throughout t he term of this Agreement. As provided for in the indemnification provisions of this Agreement, Provider shall perform (at its own cost and expense and without reimbursement from the City) any services necessary to correct errors or omissions which are caused by Provider’s failure to comply with the standard of care provided for herein. Any employee of the Provider or its sub-providers who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of any services under this Agreement, or a threat to the safety of persons or property (or any employee who fails or refuses to perform the services in a manner acceptable to the City) shall be promptly removed by the Provider and shall not be re-employed to perform any further services under this Agreement.
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6. INDEPENDENT PARTIES:
Provider hereby declares that Provider is engaged as an independent business and Provider agrees to perform the services as an independent contractor. The manner and means of conducting the services and tasks are under the control of Provider except to the extent they are limited by statute, rule or regulation and the express terms of this Agreement. No civil service status or other right of employment will be acquired by virtue of Provider ’s services. None of the benefits provided by the City to its employees, including but not limited to unemployment insurance, workers’ compensation plans, vacation and sick leave, are available from the City to Provider, its employees or agents. Deductions shall not be made for any state or federal taxes, FICA payments, PERS payments, or other purposes normally associated with an employer -employee relationship from any compensation due to Provider. Payments of the above items, if required, are the responsibility of Provider. Any personnel performing the services under this Agreement on behalf of Provider shall also not be employees of City and shall at all times be under Provider’s exclusive direction and control.
7. IMMIGRATION REFORM AND CONTROL ACT (IRCA):
Provider assumes any and all responsibility for verifying the identity and employment authorization of all of its employees performing work hereunder, pursuant to all applicable IRCA or other federal, or state rules and regulations. Provider shall indemnify, defend, and hold the City harmless from and against any loss, damage, liability, costs or expenses arising from any noncompliance of this provision by Provider.
8. NON-DISCRIMINATION:
Consistent with the City’s policy and state and federal law that harassment and discrimination are unacceptable conduct, Provider and its employees, contractors, and agents shall not harass or discriminate against any job applicant, City employee, or any other person on the basis of any kind of any statutorily (federal, state or local) protected class, including but not limited to: race, religious creed, color, national origin, ancestry, disability (both mental and physical) including HIV and AIDS, medical condition (e.g. cancer), genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, pregnancy, political affiliation, military and veteran status or legitimate union activities. Such non-discrimination shall include but not be limited to all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, or termination. Provider agrees that any violation of this provision shall constitute a material breach of this Agreement.
9. HOLD HARMLESS:
a. To the fullest extent permitted by law, Provider shall indemnify, defend (with counsel acceptable to the City) and hold harmless the City, its City Council, boards, commissions, officials, employees, agents and volunteers (“Indemnitees”) from and against any and all loss, damages, liability, obligations, claims, suits, judgments, costs and expenses whatsoever, including reasonable attorney ’s fees and costs of litigation (“Claims”), arising from or in any manner connected to Provider’s performance of its obligations under this Agreement or out of the operations conducted by Provider even if the City is found to have been negligent. If the Claims filed against Indemnitees alleg e negligence, recklessness or willful misconduct on the part of Provider, Provider shall have no right of reimbursement against Indemnitees for the costs of Docusign Envelope ID: D4A9C595-4B1E-8E3A-811A-2689796C4AAE
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defense even if negligence, recklessness or willful misconduct is not found on the part of Provider.
Provider shall not have any obligations to indemnify Indemnitees if the loss or damage is found to have resulted solely from the negligence or the willful misconduct of the City. The defense and indemnification obligations of this Agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Agreement. b. As to Claims for professional liability only, Provider’s obligation to defend Indemnitees (as set forth above) is limited as provided in California Civil Code Section 2782.8. c. Provider’s obligation to indemnify, defend and hold harmless Indemnit ees shall expressly survive the expiration or early termination of this Agreement.
10. INSURANCE:
a. On or before the commencement of the terms of this Agreement, Provider shall furnish the City’s Risk Manager with certificates showing the type, amount, class of operations covered, effective dates and dates of expiration of insurance coverage in compliance with Sections
10.b. (1) through (4). The Certificate Holder should be The City of Alameda, 2263 Santa Clara, Ave., Alameda, CA 94501. Such certificates, which do not limit Provider’s indemnification, shall also contain substantially the following statement:
“Should any of the above insurance covered by this certificate be canceled or coverage reduced before the expiration date thereof, the insurer affording coverage shall provide thirty (30) days’ advance written notice to the City of Alameda. Attention: Risk Manager.” Provider shall maintain in force at all times during the performance of this Agreement all appropriate coverage of insurance required by this Agreement with an insurance company licensed to offer insurance business in the State of California with a current A.M. Best’s rating of no less than A:VII or Standard & Poor’s Rating (if rated) of at least BBB unless otherwise acceptable to the City. Provider shall deliver updated insurance certificates to the City at the address described in Section 17.f. prior to the expi ration of the existing insurance certificate for the duration of the term of Agreement. Endorsements naming the City, its City Council, boards, commissions, officials, employees, agents, and volunteers as additional insured shall be submitted with the insurance certificates.
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Provider Initials
b. COVERAGE REQUIREMENTS:
Provider shall maintain insurance coverage and limits at least as broad as:
(1) Workers’ Compensation:
Statutory coverage as required by the State of California , as well as a Waiver of Subrogation (Rights of Recovery) endorsement. (2) Liability:
Commercial general liability coverage in the following minimum limits:
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Bodily Injury: $1,000,000 each occurrence
$2,000,000 aggregate - all other
Property Damage: $1,000,000 each occurrence
$2,000,000 aggregate
If submitted, combined single limit policy with per occurrence limits in the amounts of $2,000,000 and aggregate limits in the amounts of $4 ,000,000 will be considered equivalent to the required minimum limits shown above. Provider shall also submit d eclarations and policy endorsements pages. Additional Insured Endorsement naming the City, its City Council, boards, commissions, officials, employees, agents, and volunteers is required . The Additional Insured Endorsement shall include primary and non-contributory coverage at least as broad as the CG 2010.
(3) Automotive:
Comprehensive automobile liability coverage (any auto) in the following minimum limits:
Bodily injury: $1,000,000 each occurrence
Property Damage: $1,000,000 each occurrence
or
Combined Single Limit: $2,000,000 each occurrence
Additional Insured Endorsement naming the City, its City Council, boards, commissions, officials, employees, agents, and volunteers is required.
(4) Pollution Prevention:
Legal liability required for hazardous materials excavation in the amount of $2,000,000 each occurrence. Additional Insured Endorsement naming the City, its City Council, boards, commissions, officials, employees, agents, and volunteers is required.
As to commercial general liability and automobile liability insurance, such insurance will provide that it constitutes primary insurance with respect to claims insured by such policy, and, except with respect to limits, that insurance applies separately to each insured against whom claim is made or suit is brought. Such insurance is not additional to or contributing with any other insurance carried by or for the benefit of the City.
c. SUBROGATION WAIVER:
Provider hereby agrees to waive rights of subrogation that any insurer of Provider may acquire from Provider by virtue of the payment of any loss. Provider agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether the City has received a waiver of subrogation endorse ment from the insurer. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by Provider, its employees, agents and subcontractors.
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d. FAILURE TO SECURE:
If Provider at any time during the term hereof should fail to secure or maintain the foregoing insurance, the City shall be permitted to obtain such insurance in Provider’s name or as an agent of Provider and shall be compensated by Provider for the costs of the insurance premiums at the maximum rate permitted by law and computed from the date written notice is received that the premiums have not been paid.
e. ADDITIONAL INSUREDS:
The City, its City Council, boards, commissions, officials, employees, agents, and volunteers shall be named as additional insured(s) under all insurance coverages, except workers’ compensation and professional liability insurance. The naming of an additional insured shall not affect any recovery to which such additional insured would be entitled under this policy if not named as such additional insured. An additional insured named herein shall not be held liable for any premium, deductible portion of any loss, or expense of any nature on this policy or any extension thereof. Any other insurance held by an additional insured shall not be required to contribute anything toward any loss or expense covered by the insurance provided by this policy.
Additional Insured covera ge under Provider’s policy shall be primary and non -contributory and will not seek contribution from the City’s insurance or self -insurance. Any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to the additional insured(s). f. SUFFICIENCY OF INSURANCE:
The insurance limits required by the City are not represented as being sufficient to protect Provider. Provider is advised to consult Provider ’s insurance broker to determine adequate coverage for Provider. The coverage and limits shall be (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of the coverage carried by or available to Provider; whichever is greater. g. EXCESS OR UMBRELLA LIABILITY:
If any Excess or Umbrella Liability policies are used to meet the limits of liability required by this Agreement, then said policies shall be true “following form” of the underlying policy coverage, terms, conditions, and provisions and shall meet all of the insurance requirements stated in this Agreement, including but not limited to, the additional insured, SIR, and primary insurance requirements stated therein. No insurance policies maintained by the indemnified parties or Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until all the primary and excess liability policies carried by or available to the Provider are exhausted. If a Provider is using an Excess Liability policy to supplement any insurance coverage required by this Agreement, they must submit the Excess Liability policy in full.
11. CONFLICT OF INTEREST:
Provider warrants that it is not a conflict of interest for Provider to perform the services required by this Agreement. Provider may be required to fill out a conflict of interest form if the services provided under this Agreement require Provider to make certain governmental decisions or serve in a staff capacity as defined in Title 2, Division 6, Section 18700 of the California Code of Regulations.
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12. PROHIBITION AGAINST TRANSFERS:
a. Provider shall not assign, sublease, hypothecate, or transfer this Agreement, or any interest therein, directly or indirectly, by operation of law or otherwise, without prior written consent of the City Manager. Provider shall submit a written request for consent to transfer to the City Manager at least thirty (30) days in advance of the desired transfer. The City Manager or their designee may consent or reject such request in their sole and absolute discretion. Any attempt to do so without said consent shall be null and void, and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. However, claims for money against the City under this Agreement may be assigned by Provider to a bank, trust company or other financial institution without prior written consent. b. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock, membership interest, partnership interest, or the equivalent, which shall result in changing the control of Provider, shall be construed as an assignment of this Agreement.
Control means fifty percent or more of the voting power of Provider.
13. APPROVAL OF SUB-PROVIDERS:
a. Only those persons and/or businesses whose names and resumés are attached to this Agreement shall be used in the performance of this Agreement. However, if after the start of this Agreement, Provider wishes to use sub-providers, at no additional costs to the City, then Provider shall submit a written request for consent to add sub -providers including the names of the sub - providers and the reasons for the request to the City Manager at least five (5) days in advance. The City Manager may consent or reject such requests in their sole and absolute discretion. b. Each sub -provider shall be required to furnish proof of workers ’ compensation insurance and shall also be required to carry general, automobile and professional liability insurance (as applicable) in reasonable conformity to the insurance carried by Provider. c. In addition, any tasks or services performed by sub -providers shall be subject to each provision of this Agreement. Provider shall include the following language in their agreement with any sub-provider: “Sub-providers hired by Provider agree to be bound to Provider and the City in the same manner and to the same extent as Provider is bound to the City.” d. The requirements in this Section 13 shall not apply to persons who are merely providing materials, supplies, data or information that Provider then analyzes and incorporates into its work product.
14. PERMITS AND LICENSES:
Provider, at its sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, certificates and licenses, including a City business license that may be required in connection with the performance of the services and tasks hereunder.
15. REPORTS:
a. Each and every report, draft, work product, map, record and other document produced, prepared or caused to be prepared by Provider pursuant to or in connection with this Agreement shall be the exclusive property of the City.
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b. No report, information or other data given to or prepared or assembled by Provider pursuant to this Agreement shall be made available to any individual or organization by Provider without prior approval of the City Manager or their designee. c. Provider shall, at such time and in such form as City Manager or their designee may require, furnish reports concerning the status of services and tasks required under this Agreement.
16. RECORDS:
a. Generally, the City has the right to conduct audits of Provider’s financial, performance and compliance records maintained in connection with Contractor’s operations and services performed under the Agreement. In the event of such audit, Contractor agrees to provide the City with reasonable access to Contractor’s employees and make all such financial (including annual financial statements signed by an independent CPA), performance and compliance records available to the City. City agrees to provide Contract or an opportunity to discuss and respond to any findings before a final audit report is filed.
b. Provider shall maintain complete and accurate records with respect to the services, tasks, work, documents and data in sufficient detail to permit an evaluation of Provider’s performance under the Agreement , as well as maintain books and records related to sales, costs, expenses, receipts and other such information required by the City that relate to the performance of the services and tasks under this Agreement (collectively the “Records”). c. All Records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Provider shall provide free access to the Records to the representatives of the City or its designees during regular business hours upon reasonable prior notice. The City has the right to examine and audit the Records, and to make copies or transcripts therefrom as necessary, and to allow inspection of all proceedings and activities related to this Agreement. Such Records, together with supporting documents, shall be kept separate from other documents and records and shall be maintained by Provider for a period of three (3) years after receipt of final payment.
d. If supplemental examination or audit of the Records is necessary due to concerns raised by the City’s preliminary examination or audit of records, and the City ’s supplemental examination or audit of the records discloses a failure to adhere to appropriate internal financial controls, or other breach of this Agreement or failure to act in good faith, then Provider shall reimburse the City for all reasonable costs and expenses associated with the supplemental examination or audit.
17. NOTICES:
a. All notices shall be in writing and delivered: (i) by hand; or (ii) sent by registered, express, or certified mail, with return receipt requested or with delivery confirmation requested from the U.S. postal service ; or (iii) sent by overnight or same day courier service at the party’s respective address listed in this Section.
b. Each notice shall be deemed to have been received on the earlier to occur of : (x) actual delivery or the date on which delivery is refused ; or (y) three (3) days after notice is Docusign Envelope ID: D4A9C595-4B1E-8E3A-811A-2689796C4AAE
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deposited in the U.S. mail or with a courier service in the manner described above (Sundays and City holidays excepted).
c. Either party may, at any time, change its notice address (other than to a post office box address) by giving the other party three (3) days prior written notice of the new address. d. All notices, demands, requests, or approvals from Provider to the City shall be addressed to the City at:
City of Alameda
Public Works Department
950 W Mall Square, Room 110
Alameda, CA 94501
ATTENTION: Mike Magaro
Ph: (510) 747-7900 / [email protected]
e. All notices, demands, requests, or approvals from the City to Provider shall be addressed to Provider at:
Environmental Logistics, Inc.
3200 Depot Road
Hayward, CA 94545
ATTENTION: Marcial Barragan
Ph: (510) 670-9901 / Email: [email protected]
f. All updated insurance certificates from Provider to the City shall be addressed to the City at:
City of Alameda
Public Works Department
950 W Mall Square, Room 110
Alameda, CA 94501
ATTENTION: Andrea Sifuentes
Ph: (510) 747-7930 / [email protected]
18. SAFETY:
a. Provider will be solely and completely responsible for conditions of all vehicles owned or operated by Provider, including the safety of all persons and property during performance of the services and tasks under this Agreement. This requirement will apply continuously and not be limited to normal working hours. In addition, Provider will comply with all s afety provisions in conformance with U.S. Department of Labor Occupational Safety and Health Act, any equivalent state law, and all other applicable federal, state, county and local laws, ordinances, codes, and any regulations that may be detailed in other parts of the Agreement. Where any of these are in conflict, the more stringent requirement s will be followed. Provider’s failure to thoroughly familiarize itself with the aforementioned safety provisions will not relieve it from compliance with the obligations and penalties set forth herein.
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b. Provider will immediately notify the City within 24 hours of any incident of death, serious personal injury or substantial property damage that occurs in connection with the performance of this Agreement. Provider will promptly submit to the City a writte n report of all incidents that occur in connection with this Agreement. This report must include the following information: (i) name and address of injured or deceased person(s); (ii) name and address of Provider’s employee(s) involved in the incident; (i ii) name and address of Provider’s liability insurance carrier; (iv) a detailed description of the incident; and (v) a police report.
19. TERMINATION:
a. In the event Provider fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, Provider shall be deemed in default in the performance of this Agreement . If such default is not cured within two (2) business days after receipt by Provider from the City of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the City may thereafter immediately terminate the Agreement forthwith by giving to Provider written notice thereof. b. The foregoing notwithstanding, the City shall have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) days’ prior written notice to Provider as provided herein.
c. Upon termination of this Agreement either for cause or for convenience, each party shall pay to the other party that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. The obligation of the parties under this Section 19.c. shall survive the expiration or early termination of this Agreement.
20. ATTORNEYS’ FEES:
In the event of any litigation, including administrative proceedings, relating to this Agreement, including but not limited to any action or suit by any party, assignee or beneficiary against any other party, beneficiary or assignee, to enforce, interpret or seek relief from any provision or obligation arising out of this Agreement, the parties and litigants shall bear their own attorney’s fees and costs. No party or litigant shall be entitled to recover any attorneys’ fees or costs from any other party or litigant, regardless of which party or litigant might prevail.
21. HEALTH AND SAFETY REQUIREMENTS.
Provider acknowledges that the City shall have the right to impose, at the City’s sole discretion, requirements that it deems are necessary to protect the health and safety of the City employees, residents, and visitors. Provider agrees to comply with all such requirements, including, but not limited to, mandatory vaccinations, the use of personal protective equipment (e.g. masks), physical distancing, and health screenings. Provider also agrees to make available to the City, at the City’s request, records to demonstrate Provider’s compliance with this Section.
22. COMPLIANCE WITH ALL APPLICABLE LAWS:
During the term of this Agreement, Provider shall keep fully informed of all existing and future state and federal laws and all municipal ordinances and regulations of the City of Alameda which affect the manner in which the services or tasks are to be performed by Provider, as well as all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the Docusign Envelope ID: D4A9C595-4B1E-8E3A-811A-2689796C4AAE
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same. Provider shall comply with all applicable laws, state and federal and all ordinances, rules and regulations enacted or issued by the City. Provider shall defend, indemnify, and hold City (including its officials, directors, officers, employees, and agents) free and harmless from any claim or liability arising out of any failure or alleged failure to comply with such laws and regulations pursuant to the indemnification provisions of this Agreement.
23. CONFLICT OF LAW:
This Agreement shall be interpreted under, and enforced by the laws of the State of California without regard to any choice of law rules which may direct the application of laws of another jurisdiction. The Agreement and obligations of the parties are subject to all valid laws, orders, rules, and regulations of the authorities having jurisdiction over this Agreemen t (or the successors of those authorities). Any suits brought pursuant to this Agreement shall be filed with the courts of the County of Alameda, State of California.
24. WAIVER:
A waiver by the City of any breach of any term, covenant, or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained herein, whether of the same or a different character.
25. INTEGRATED CONTRACT:
Subject to the language of Section 33, the Recitals and exhibits are a material part of this Agreement and are expressly incorporated herein. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied cov enant shall be held to vary the provisions hereof. Any modification of this Agreement will be effective only by written execution signed by both the City and Provider.
26. PREVAILING WAGES:
Provider is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq. as well as California Code of Regulations, Title 8, Section 1600, et seq., (“Prevailing Wage Laws”) which require the payment of prevailing wage rates a nd the performance of other requirements on “public works” and “maintenance” projects. Provider agrees to fully comply with such Prevailing Wage Laws if the services are being performed as part of an applicable “public works” or “maintenance” project as d efined by the Prevailing Wage Laws and if the total compensation is $1,000 or more. City, upon Provider’s request, shall provide Provider with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement.
Provider shall make copies of the prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the services available to interested parties upon request; and shall post copies at the Provider’s principal place of business and at the project site. Provider shall defend, indemnify, and hold the City (its elected officials, officers, employees, and agents) free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
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27. DEPARTMENT OF INDUSTRIAL RELATIONS COMPLIANCE AND
PREVAILING WAGE REQUIREMENTS ON PUBLIC WORKS PROJECTS:
a. For purposes of Sections 27 through 29 of this Agreement, the terms “ claim”, “contractor”, “public works project” and “ subcontractor” shall have the same meanings set forth in Public Contract Code Section 9204.
b. No contractor or subcontractor may be listed on a bid proposal for a public works project, nor engage in the performance of any public work contract, unless registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5 (with the limited exceptions for certaion bids pursuant to Labor code Section 1771.1(a)). Registration instructions may be found at the following website: https://www.dir.ca.gov/Public-Works/Contractor- Registration.html
c. All contractors and subcontractors must furnish electronic certified payroll records directly to the Labor Commissioner at the following website: https://www.dir.ca.gov/Public- Works/Certified-Payroll-Reporting.html
d. Contractor is required to all post job site notices as prescribed by State law. (See 8 Cal. Code Regs, § 16451(d).)
e. In executing this Agreement, Contractor acknowledges and agrees that the work authorized by this Agreement may be subject to compliance monitoring and enforcement by the Department of Industrial Relations.
28. REGISTRATION OF CONTRACTORS:
Before submitting bids for any work authorized by this Agreement , contractors shall be licensed in accordance with the provisions of Chapter 9, Division 3, of the Business and Professions Code of the State of California.
29. PUBLIC CONTRACT CODE SECTION 9204 SUMMARY:
Notwithstanding anything else to the contrary stated in the Information For Bidders (IFB) or other d ocuments associated with this Agreement , all claims, regardless of dollar amount, submitted between January 1, 2017 and January 1, 202 7 related to work performed or scheduled to be performed pursuant to this Agreement shall be governed by Public Contract Code Section 9204 and this section. The following provisions and procedures shall apply:
a. Contractor shall submit each Claim (whether for a time extension, payment for money or damages) in writing and in compliance with Public Contract Code Section 9204.
Contractor must include reasonable documentation to support each claim.
b. Upon receipt of a claim, the City shall conduct a reasonable review and respond in writing within 45 days of receipt and shall identify in a written statement what portions of the claim are disputed and undisputed. Undisputed portions of the claim shall be process and paid within 60 days of the written statement. Undisputed amounts not paid in a timely manner shall Docusign Envelope ID: D4A9C595-4B1E-8E3A-811A-2689796C4AAE
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bear interest at 7% per annum. The City and Contractor may mutually agree to extend the 45 day response time.
c. If the City needs approval from the City Council to provide a written statement, the 45 days may be extended to 3 days following the next duly noticed public meeting pursuant to Public Contract Code Section 9204(d)(1)(C).
d. If the City fails to timely respond to a claim or if Contractor disputes the City’s response, Contractor may submit a written demand for an informal meet and confer conference with the City to settle the issues in dispute. The demand must be sent via registered or certified mail, return receipt requested. Upon receipt, the City shall schedule the conference within 30 days.
e. Within 10 business days following the informal meet and confer conference, the City shall submit to Contractor a written statement describing any issues remaining in dispute and that portion which is undisputed. Undisputed portions of the claim shall be process ed and paid within 60 days of the written statement. Undisputed amounts not paid in a timely manner shall bear interest at 7% per annum. The issues remaining in dispute shall be submitted to non-binding mediation. If the City and Contractor mutual ly agree on a mediator, each party shall pay equal portions of all associated costs. If within 10 business days, the City and Contractor cannot agree on a mediator, each party shall select a mediator (paying all costs associated with their selected mediator), and those mediators shall select a qualified neutral third party to mediate the disputed issues. The City and Contractor shall pay equal portions of all associated costs of such third party mediator.
f. Unless otherwise agreed by the City and Contractor, any mediation conducted hereunder shall excuse any further obligation under Public Contract Code Section 20104.4 to mediate after litigation has commenced.
g. The City reserves all rights and remedies that it has pursuant to this Agreement, any associated plans and specification s, or at law or in equity which are not in conflict with Public Contract Code 9204.
30. CAPTIONS:
The captions in this Agreement are for convenience only, are not a part of the Agreement and in no way affect, limit or amplify the terms or provisions of this Agreement.
31. COUNTERPARTS:
This Agreement may be executed in any number of counterparts (including by fax, PDF , DocuSign, or other electronic means), each of which shall be deemed an original, but all of which shall constitute one and the same instrument.
Docusign Envelope ID: D4A9C595-4B1E-8E3A-811A-2689796C4AAE
Environmental Logistics 14 Version 10-15-25
32. SIGNATORY:
By signing this Agreement, signatory warrants and represents that they executed this Agreement in their authorized capacity and that by their signature on this Agreement, they or the entity upon behalf of which they acted, executed this Agreement.
33. CONTROLLING AGREEMENT:
In the event of a conflict between the terms and conditions of this Agreement (as amended, supplemented, restated or otherwise modified from time to time) and any other terms and conditions wherever contained, including, without limitation, terms and conditions included within exhibits, the terms and conditions of this Agreement shall control and be primary.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
Docusign Envelope ID: D4A9C595-4B1E-8E3A-811A-2689796C4AAE
Environmental Logistics 1 Version 10-15-25
IN WITNESS WHEREOF, the parties have each caused this Agreement to be duly executed on its behalf as of the Effective Date.
ENVIRONMENTAL LOGISTICS INC. CITY OF ALAMEDA
a California corporation a municipal corporation
James Goyich Gerry Beaudin
President City Manager
RECOMMENDED FOR APPROVAL
James Goyich
Secretary
Erin Smith
Public Works Department
APPROVED AS TO FORM:
City Attorney
Len Aslanian
Assistant City Attorney
Docusign Envelope ID: D4A9C595-4B1E-8E3A-811A-2689796C4AAE
EXHIBIT A
Scope of Services
The City of Alameda Department of Public Works is seeking a qualified contractor that will handle and ensure the safe transport and ultimate disposal of hazardous materials City staff collects from the City’s various public rights-of-way. The objective is to ensure the contractor will support the City in managing the disposal of hazardous waste in full compliance with all applicable laws and industry standards.
The successful contractor (“Contractor”) shall be responsible for the following
1. Contractor shall provide on-call packing, removal and disposal of hazardous waste materials from City sites. Hazardous waste materials can include, but are not limited to, the following:
a. Lead, alkaline, vehicle batteries
b. Electronic waste
c. Fluorescent lamps and bulbs
d. Various types of paint
e. Various types of oils
f. Various types of adhesives
g. Various types of solvents
h. Various types of combustible fuels
i. Pressurized cylinders of various gases
j. Fire extinguishers
k. Mattresses
l. Small and large appliances
m. Household cleaners
n. Herbicides and pesticides
o. Unknown substances
2. Contractor shall load within fifteen (15) working days of request by the City any or all of the wastes stored at a City facility. Contractor shall immediately transport them to appropriate waste management facilities for reuse, recycling, treatment, or disposal until the waste is no longer class ifiable as hazardous or until the waste reaches final disposition.
3. Contractor shall comply with, as well as maintain knowledge of any and all changes to, all applicable local, state and federal laws and regulations governing the safe clean-up (remediation), storage, collection, identification, handling, packaging, documentation, transport, transfer, and disposal of hazardous waste . Contractor shall also be responsible for all equipment required for the completion of such.
Docusign Envelope ID: D4A9C595-4B1E-8E3A-811A-2689796C4AAE
4. Contractor shall provide emergency-urgent response or technical services at the request of the City
5. Contractor shall provide a copy of all manifests and/or bills of lading to City personnel prior to transporting hazardous waste from the site. Manifests shall be written in compliance to all relevant industry standards and regulations.
6. The City shall be responsible for the disposal of solid waste that is considered non- hazardous.
Docusign Envelope ID: D4A9C595-4B1E-8E3A-811A-2689796C4AAE
EXHIBIT B
Docusign Envelope ID: D4A9C595-4B1E-8E3A-811A-2689796C4AAE Docusign Envelope ID: D4A9C595-4B1E-8E3A-811A-2689796C4AAE Docusign Envelope ID: D4A9C595-4B1E-8E3A-811A-2689796C4AAE Docusign Envelope ID: D4A9C595-4B1E-8E3A-811A-2689796C4AAE Docusign Envelope ID: D4A9C595-4B1E-8E3A-811A-2689796C4AAE Docusign Envelope ID: D4A9C595-4B1E-8E3A-811A-2689796C4AAE Docusign Envelope ID: D4A9C595-4B1E-8E3A-811A-2689796C4AAE Docusign Envelope ID: D4A9C595-4B1E-8E3A-811A-2689796C4AAE Docusign Envelope ID: D4A9C595-4B1E-8E3A-811A-2689796C4AAE Docusign Envelope ID: D4A9C595-4B1E-8E3A-811A-2689796C4AAE Docusign Envelope ID: D4A9C595-4B1E-8E3A-811A-2689796C4AAE Docusign Envelope ID: D4A9C595-4B1E-8E3A-811A-2689796C4AAE Docusign Envelope ID: D4A9C595-4B1E-8E3A-811A-2689796C4AAE Docusign Envelope ID: D4A9C595-4B1E-8E3A-811A-2689796C4AAE Docusign Envelope ID: D4A9C595-4B1E-8E3A-811A-2689796C4AAE Docusign Envelope ID: D4A9C595-4B1E-8E3A-811A-2689796C4AAE Docusign Envelope ID: D4A9C595-4B1E-8E3A-811A-2689796C4AAE Docusign Envelope ID: D4A9C595-4B1E-8E3A-811A-2689796C4AAE Docusign Envelope ID: D4A9C595-4B1E-8E3A-811A-2689796C4AAE ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED?
INSR ADDLSUBRLTR INSDWVD
PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext):E-MAILADDRESS:INSURER A :INSURED INSURER B :INSURER C :INSURER D :INSURER E :INSURER F :
POLICY NUMBERPOLICY EFFPOLICY EXPTYPE OF INSURANCELIMITS(MM/DD/YYYY)(MM/DD/YYYY)
AUTOMOBILE LIABILITY
UMBRELLA LIABEXCESS LIABWORKERS COMPENSATIONAND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
AUTHORIZED REPRESENTATIVE
EACH OCCURRENCE$DAMAGE TO RENTEDCLAIMS-MADEOCCUR $PREMISES (Ea occurrence)MED EXP (Any one person)$PERSONAL & ADV INJURY$GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE$PRO-POLICYLOC PRODUCTS - COMP/OP AGGJECT OTHER: $COMBINED SINGLE LIMIT$(Ea accident)ANY AUTO BODILY INJURY (Per person)$OWNEDSCHEDULEDBODILY INJURY (Per accident)$AUTOS ONLYAUTOSHIREDNON-OWNEDPROPERTY DAMAGE$AUTOS ONLYAUTOS ONLY(Per accident)$OCCUR EACH OCCURRENCECLAIMS-MADEAGGREGATE$DEDRETENTION$ PEROTH-STATUTEERE.L. EACH ACCIDENTE.L. DISEASE - EA EMPLOYEE$If yes, describe underE.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGENAIC #
COMMERCIAL GENERAL LIABILITY
Y / NN / A(Mandatory in NH)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED INACCORDANCE WITH THE POLICY PROVISIONS.
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIODINDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE 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.
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THISCERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIESBELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZEDREPRESENTATIVE 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 onthis certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
COVERAGESCERTIFICATE NUMBER:REVISION NUMBER:
CERTIFICATE HOLDERCANCELLATION
© 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03)
CERTIFICATE OF LIABILITY INSURANCEDATE (MM/DD/YYYY)
$
$$$$
The ACORD name and logo are registered marks of ACORD
6/17/2026
License # 0757776(951) 779-855622322Environmental Logistics, Inc.P.O. Box 806Colton, CA 923243788536940 A 1,000,000XXGEC0039929132/15/20262/15/2027300,0005,0001,000,0002,000,0002,000,0001,000,000B XAEC0039930132/15/20262/15/20278,000,000B XUEC0039931132/15/20262/15/20278,000,00010,000B XWEC30013790810/28/202510/28/20261,000,000N 1,000,0001,000,000CPollution/Legal LiabPEC0039938132/15/2026Occurrence/Aggregate10,000,000CProfessional Liab.PEC0039938132/15/20262/15/2027Occurrence/Aggregate5,000,000CIty of Alameda, its City Council, boards, commissions, officials, employees, agents, and volunteers are Additional Insured with regards to the GeneralLiability policy, as required by a written contract per the attached endorsement forms CG2033 04/13 and CG2037 04/13. Primary & Non-Contributory applies tothe General Liability policy, when required per a written contract, per the attached form XIL424 06/05. Waiver of Subrogation applies in regard to GeneralLiability when required by written contract per the attached endorsement CG2404 05/09. Additional Insured with regard to Auto Liability when required bywritten contract per the attached endorsement form XIC411 10/13. Waiver of Subrogation applies with regards to the Workers Compensation policy, whenrequired by a written contract, per the attached endorsement form WC040306 04/84.SEE ATTACHED ACORD 101 City of Alameda950 West Mall Sq., Ste 110Alameda, CA 94501 ENVILOG-01LMEETER
HUB International Insurance Services Inc.PO Box 5345Riverside, CA 92517Ricardo [email protected] Insurance CompanyXL Specialty Insurance CompanyIndian Harbor Insurance Company X2/15/2027
X XXXX XXXX
Docusign Envelope ID: D4A9C595-4B1E-8E3A-811A-2689796C4AAE 6/17/2026
FORM NUMBER:
EFFECTIVE DATE:
The ACORD name and logo are registered marks of ACORD
ADDITIONAL REMARKS
ADDITIONAL REMARKS SCHEDULE
FORM TITLE:
Page of
THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, ACORD 101 (2008/01)
AGENCY CUSTOMER ID:LOC #:
AGENCY NAMED INSUREDPOLICY NUMBERCARRIER NAIC CODE
© 2008 ACORD CORPORATION. All rights reserved.
HUB International Insurance Services Inc.
ENVILOG-01
SEE PAGE 1
1 SEE PAGE 1ACORD 25Certificate of Liability Insurance
License # 07577761
SEE P 1Environmental Logistics, Inc.P.O. Box 806Colton, CA 92324SEE PAGE 1 LMEETER1
Description of Operations/Locations/Vehicles:Should the policies be cancelled before the expiration date, Hub International Insurance Services Inc. (Hub), independent of any rights which may be afforded within the policies to the certificate holder named below, will provide to such certificate holder notice of such cancellation within thirty (30) days of the cancellation date, except in the event the cancellation is due to non-payment of premium, in which case Hub will provide to such certificate holder notice of such cancellation within ten (10) days of the cancellation date.
Docusign Envelope ID: D4A9C595-4B1E-8E3A-811A-2689796C4AAE
COMMERCIAL GENERAL LIABILITY
CG 20 33 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CG 20 33 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 2 ADDITIONAL INSURED – OWNERS, LESSEES OR
CONTRACTORS – AUTOMATIC STATUS WHEN
REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. Section II – Who Is An Insured is amended to
include as an additional insured any person or
organization for whom you are performing
operations when you and such person or
organization have agreed in writing in a contract or
agreement that such person or organization be
added as an additional insured on your policy.
Such person or organization is an additional
insured 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.
However, the insurance afforded to such
additional insured:
1. Only applies to the extent permitted by law;
and
2. Will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.
A person's or organization's status as an
additional insured under this endorsement ends
when your operations for that additional insured
are completed.
B. With respect to the insurance afforded to these
additional insureds, the following additional
exclusions apply:
This insurance does not apply to:
1. "Bodily injury", "property damage" or "personal
and advertising injury" arising out of the
rendering of, or the failure to render, any
professional architectural, engineering or
surveying services, including:
a. The preparing, approving, or failing to
prepare or approve, maps, shop drawings,
opinions, reports, surveys, field orders,
change orders or drawings and
specifications; or
b. Supervisory, inspection, architectural or
engineering activities.
This exclusion applies even if the claims against
any insured allege negligence or other wrongdoing
in the supervision, hiring, employment, training or
monitoring of others by that insured, if the
"occurrence" which caused the "bodily injury" or
"property damage", or the offense which caused
the "personal and advertising injury", involved the
rendering of or the failure to render any
professional architectural, engineering or
surveying services.
Environmental Logistics. Inc.
POLICY NUMBER: GEC0039929 13
Docusign Envelope ID: D4A9C595-4B1E-8E3A-811A-2689796C4AAE
2. "Bodily injury" or "property damage" occurring
after:
a. 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
b. That portion of "your work" out of which the
injury or damage arises has been put to its
intended use by any person or organization
other than another contractor or
subcontractor engaged in performing
operations for a principal as a part of the
same project.
C. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III – Limits Of Insurance:
The most we will pay on behalf of the additional
insured is the amount of insurance:
1. Required by the contract or agreement you
have entered into with the additional insured;
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.
Docusign Envelope ID: D4A9C595-4B1E-8E3A-811A-2689796C4AAE Environmental Logistics, Inc.
POLICY NUMBER: GEC0039929-13 COMMERCIAL GENERAL LIABILITY CG 20 37 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CG 20 37 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 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 Any person or organization where required by written
contract provided that such contract was executed prior to the date of loss.
All Locations as required per 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;
whichever is less.
This endorsement shall not increase the
applicable limits of insurance.
Docusign Envelope ID: D4A9C595-4B1E-8E3A-811A-2689796C4AAE February 15, 2026 GEC0039929 13
Environmental Logistics, Inc. by Greenwich Insurance Company.
Docusign Envelope ID: D4A9C595-4B1E-8E3A-811A-2689796C4AAE )RZMVSRQIRXEP 0SKMWXMGW -RG
GEC0039929 13
Docusign Envelope ID: D4A9C595-4B1E-8E3A-811A-2689796C4AAE XIC 411 1013 © 2013 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.
POLICY NUMBER: XIC 411 1013
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
AUTOMATIC ADDITIONAL INSURED
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
AUTO DEALERS COVERAGE FORM
A. COVERED AUTOS LIABILITY COVERAGE, Who Is An Insured, is amended to include as an “insured” any person or organization you are required in a written contract to name as an additional insured, but only for “bodily injury” or "property damage" otherwise covered under this policy caused, in whole or in part, by the negligent acts or omissions of:
1. You, while using a covered “auto”; or
2. Any other person, except the additional insured or any employee or agent of the additional insured, operating a covered “auto” with your permission;
Provided that:
a. The written contract is in effect during the policy period of this policy; b. The written contract was signed by you and executed prior to the “accident” causing “bodily injury” or “property damage” for which liability coverage is sought; and c. Such person or organization is an “insured” solely to the extent required by the contract, but in no event if such person or organization is solely negligent.
B. The Limits of Insurance provided for the Additional Insured shall not be greater than those required by contract and, in no event shall the Limits of Insurance set forth in this policy be increased by the contract.
C. General Conditions, Other Insurance is amended as follows:
Any coverage provided hereunder shall be excess over any other valid and collectible insurance available to the additional insured whether such insurance is primary, excess, contingent or on any other basis unless the contract specifically requires that this policy be primary.
All terms, conditions, exclusions and limitations of this policy shall apply to the liability coverage provided to any additional insured, and in no event shall such coverage be enlarged or expanded by reason of the contract.
All other terms and conditions of this policy remain unchanged.
AEC0039930 13
Environmental Logistics, Inc.
Docusign Envelope ID: D4A9C595-4B1E-8E3A-811A-2689796C4AAE WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 04-84)
WC 04 03 06 Page 1 of 1
(Ed. 04-84) Copyright 1984 Workers'
Compensation Insurance Rating Bureau of California. All Rights Reserved.
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENTCALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named
in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule.
The additional premium
for this endorsement shall be 2 % of the California workers’ compensation premium otherwise due on such remuneration.
Schedule
Person or Organization Job Description
Where required by written agreement signed prior to loss. All California Operations.
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement No. Endorsement Effective 10/28/2025
Insured
Environmental Logistics, Inc.
Policy No. WEC300137908
Insurance Company
XL Specialty Insurance
Company
Countersigned By
Docusign Envelope ID: D4A9C595-4B1E-8E3A-811A-2689796C4AAE HAZMAT TSDF, INC.
P.O. BOX 449
COLTON, CA 92324
Policy Number: UEC003993113
February 15, 2026- February 15, 2027
Docusign Envelope ID: D4A9C595-4B1E-8E3A-811A-2689796C4AAE claims.doc (09/09)
Greenwich Insurance Company, Indian Harbor Insurance Company, XL Insurance America, Inc., XL Insurance Company of New York, Inc., XL Select Insurance Company, XL Specialty Insurance Company 505 Eagleview Boulevard
Suite 100
PO Box 636
Exton, PA 19341-0636
USA
Phone 800 327 1414
+1 610 968 9500
Fax +1 610 458 8667
axaxl.com/insurance
March 6, 2026
Mr. Jon Bennett
HAZMAT TSDF, INC.
P.o. Box 449
Colton, CA 92324
RE: CLAIMS REPORTING PROCEDURES
Dear Mr. Bennett:
Thank you for placing your insurance coverage(s) with the Environmental Unit of AXA XL. We at AXA XL feel that a key element of service to our brokers and insureds is efficient claims handling.
Enclosed please find instructions that should be followed in the event of a claim. Should any problems or questions arise concerning claims reporting procedures, you may contact AXA XL Claims Staff at 1-800-432-2481.
Sincerely,
Matthew Gartner
Senior Underwriter
Property and Casualty
AXA XL
Enclosures
CC: Mr. Chad Hill
HUB International Insurance Services, Inc.
3390 University Avenue
Suite 300
Riverside, CA 92501
ACCOUNT # 0000110228
Docusign Envelope ID: D4A9C595-4B1E-8E3A-811A-2689796C4AAE CASCLAIM (04/24)
Greenwich Insurance Company, Indian Harbor Insurance Company, XL Insurance America, Inc., XL Insurance Company of New York, Inc., XL Select Insurance Company, XL Specialty Insurance Company
ACCIDENTS WITH SERIOUS INJURY/DAMAGE OR SPILL CLAIMS
Accidents involving serious injury and/or extensive property damage require an immediate phone call to AXA XL Claims Staff.
From 8 a.m. to 5 p.m. Eastern Standard Time:
Call 800-823-7351, an AXA XL receptionist will answer your call. Inform the receptionist you need to speak to an Environmental claims adjuster concerning an accident that involves a spill, serious injury or extensive property damage and they will connect you to an AXA XL Claims adjuster.
After 5 p.m. Eastern Standard Time:
If you have a spill-only incident you may contact a spill consultant directly by calling 800-432-2481. If you have a serious injury or extensive property damage incident, you can contact an AXA XL Claims adjuster directly by calling 484-467-5368.
1. Immediately notify your insurance agent or broker once you have notice of an incident.
2. For AUTOMOBILE claims:
The preferred and most expedient method of reporting AUTO claims is AXA XL’s online portal, Xtract. If you don’t already have access to Xtract, contact your underwriter or broker to obtain a unique link to report AUTO claims to AXA XL online.
3. For GENERAL LIABILITY AND PROPERTYclaims (or an alternate method of reporting AUTOMOBILE claims) consult your insurance agent or broker and complete the Notice of Claim then:
a) E-mail a copy to: mailto:[email protected] OR
b) Mail Notice of Claim to:
AXA XL Claims
P.O. Box 211547
Dallas, TX 75211
4. Your insurance agent or broker should call AXA XL Claims Staff at 800-823-7351 or fax information to 1-859- 475-5667 to report complete accident details.
5. An AXA XL Claims Staff adjuster will notify you of your claim file number and any additional instructions.
6. Record this number for future reference.
7. Questions should be directed to AXA XL Claims Staff at 800-823-7351 or fax to 866-262-9002.
CLAIM REPORTI NG PROCEDURES FOR
GENERAL LIABILITY, AUTOMOBILE AND PROPERTY LINES
Docusign Envelope ID: D4A9C595-4B1E-8E3A-811A-2689796C4AAE
NOTICE TO POLICYHOLDERS
PN CW 01 0123 Page 1 of 3
© 2023 X.L. America, Inc. All Rights Reserved.
May not be copied without permission.
FRAUD NOTICE
Alabama Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or who knowingly presents false information in an application for insurance is guilty of a crime and may be subject to restitution fines or confinement in prison, or any combination thereof.
Arkansas Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or knowingly presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison.
California For your protection California law requires the following to appear on this form: Any person who knowingly presents false or fraudulent information to obtain or amend insurance coverage or to make a claim for the payment of a loss is guilty of a crime and may be subject to fines and confinement in state prison.
Colorado It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance, and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado Division of Insurance within the Department of Regulatory Agencies.
District of
Columbia
WARNING: It is a crime to provide false or misleading information to an insurer for the purpose of defrauding the insurer or any other person. Penalties include imprisonment and/or fines. In addition, an insurer may deny insurance benefits if false information materially related to a claim was provided by the applicant.
Florida Any person who knowingly and with intent to injure, defraud, or deceive any insurer files a statement of claim or an application containing any false, incomplete, or misleading information is guilty of a felony of the third degree.
Kansas A "fraudulent insurance act" means an act committed by any person who, knowingly and with intent to defraud, presents, causes to be presented or prepares with knowledge or belief that it will be presented to or by an insurer, purported insurer, broker or any agent thereof, any written, electronic, electronic impulse, facsimile, magnetic, oral, or telephonic communication or statement as part of, or in support of, an application for the issuance of, or the rating of an insurance policy for personal or commercial insurance, or a claim for payment or other benefit pursuant to an insurance policy for commercial or personal insurance that such person knows to contain materially false information concerning any fact material thereto; or conceals, for the purpose of misleading, information concerning any fact material thereto.
Kentucky Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance containing any materially false information or conceals, for the purpose of misleading, information concerning any fact material thereto commits a fraudulent insurance act, which is a crime.
Louisiana Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or knowingly presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison.
Docusign Envelope ID: D4A9C595-4B1E-8E3A-811A-2689796C4AAE
NOTICE TO POLICYHOLDERS
PN CW 01 0123 Page 2 of 3
© 2023 X.L. America, Inc. All Rights Reserved.
May not be copied without permission.
Maine It is a crime to knowingly provide false, incomplete or misleading information to an insurance company for the purpose of defrauding the company. Penalties may include imprisonment, fines, or denial of insurance benefits.
Maryland Any person who knowingly or willfully presents a false or fraudulent claim for payment of a loss or benefit or who knowingly or willfully presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison.
New Jersey Any person who includes any false or misleading information on an application for an insurance policy is subject to criminal and civil penalties.
New Mexico ANY PERSON WHO KNOWINGLY PRESENTS A FALSE OR FRAUDULENT CLAIM
FOR PAYMENT OF A LOSS OR BENEFIT OR KNOWINGLY PRESENTS FALSE
INFORMATION IN AN APPLICATION FOR INSURANCE IS GUILTY OF A CRIME AND MAY BE SUBJECT TO CIVIL FINES AND CRIMINAL PENALTIES.
New York General: All applications for commercial insurance, other than automobile insurance: Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance or statement of claim containing any materially false information, or conceals for the purpose of misleading, information concerning any fact material thereto, commits a fraudulent insurance act, which is a crime, and shall also be subject to a civil penalty not to exceed five thousand dollars and the stated value of the claim for each such violation.
All applications for automobile insurance and all claim forms: Any person who knowingly makes or knowingly assists, abets, solicits or conspires with another to make a false report of the theft, destruction, damage or conversion of any motor vehicle to a law enforcement agency, the department of motor vehicles or an insurance company, commits a fraudulent insurance act, which is a crime, and shall also be subject to a civil penalty not to exceed five thousand dollars and the value of the subject motor vehicle or stated claim for each violation.
Fire: Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance containing any false information, or conceals for the purpose of misleading, information concerning any fact material thereto, commits a fraudulent insurance act, which is a crime.
The proposed insured affirms that the foregoing information is true and agrees that these applications shall constitute a part of any policy issued whether attached or not and that any willful concealment or misrepresentation of a material fact or circumstances shall be grounds to rescind the insurance policy.
Ohio Any person who, with intent to defraud or knowing that he is facilitating a fraud against an insurer, submits an application or files a claim containing a false or deceptive statement is guilty of insurance fraud.
Oklahoma WARNING: Any person who knowingly, and with intent to injure, defraud or deceive any insurer, makes any claim for the proceeds of an insurance policy containing any false, incomplete or misleading information is guilty of a felony.
WARNING: All Workers Compensation Insurance:
Any person or entity who makes any material false statement or representation, who willfully and knowingly omits or conceals any material information, or who employs any device, scheme, or artifice, or who aids and abets any person for the purpose of:
1. obtaining any benefit or payment,
2. increasing any claim for benefit or payment, or
3. obtaining workers' compensation coverage under the Administrative Workers' Compensation Act, shall be guilty of a felony punishable pursuant to Section 1663 of Title 21 of the Oklahoma Statutes.
Docusign Envelope ID: D4A9C595-4B1E-8E3A-811A-2689796C4AAE
NOTICE TO POLICYHOLDERS
PN CW 01 0123 Page 3 of 3
© 2023 X.L. America, Inc. All Rights Reserved.
May not be copied without permission.
Pennsylvania Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance or statement of claim containing any materially false information or conceals for the purpose of misleading, information concerning any fact material thereto commits a fraudulent insurance act, which is a crime and subjects such person to criminal and civil penalties.
Automobile Insurance: Any person who knowingly and with intent to injure or defraud any insurer files an application or claim containing any false, incomplete or misleading information shall, upon conviction, be subject to imprisonment for up to seven years and the payment of a fine of up to $15,000.
Puerto Rico Any person who knowingly and with the intention of defrauding presents false information in an insurance application, or presents, helps, or causes the presentation of a fraudulent claim for the payment of a loss or any other benefit, or presents more than one claim for the same damage or loss, shall incur a felony and, upon conviction, shall be sanctioned for each violation by a fine of not less than five thousand dollars ($5,000) and not more than ten thousand dollars ($10,000), or a fixed term of imprisonment for three (3) years, or both penalties.
Should aggravating circumstances [be] present, the penalty thus established may be increased to a maximum of five (5) years, if extenuating circumstances are present, it may be reduced to a minimum of two (2) years.
Rhode Island Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or knowingly presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison.
Tennessee It is a crime to knowingly provide false, incomplete or misleading information to an insurance company for the purpose of defrauding the company. Penalties include imprisonment, fines and denial of insurance benefits.
Workers’ Compensation: It is a crime to knowingly provide false, incomplete or misleading information to any party to a workers’ compensation transaction for the purpose of committing fraud. Penalties include imprisonment, fines and denial of insurance benefits.
Utah Workers’ Compensation: Any person who knowingly presents false or fraudulent underwriting information, files or causes to be filed a false or fraudulent claim for disability compensation or medical benefits, or submits a false or fraudulent report or billing for health care fees or other professional services is guilty of a crime and may be subject to fines and confinement in state prison.
Virginia It is a crime to knowingly provide false, incomplete or misleading information to an insurance company for the purpose of defrauding the company. Penalties include imprisonment, fines and denial of insurance benefits.
Washington It is a crime to knowingly provide false, incomplete or misleading information to an insurance company for the purpose of defrauding the company. Penalties include imprisonment, fines and denial of insurance benefits.
West Virginia Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or knowingly presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison.
All Other States Any person who knowingly and willfully presents false information in an application for insurance may be guilty of insurance fraud and subject to fines and confinement in prison. (In Oregon, the aforementioned actions may constitute a fraudulent insurance act which may be a crime and may subject the person to penalties).
Docusign Envelope ID: D4A9C595-4B1E-8E3A-811A-2689796C4AAE
NOTICE TO POLICYHOLDERS
PN CW 05 0525 ©2025 X.L. America, Inc. All rights reserved. Page 1 of 1 May not be copied without permission.
U.S. TREASURY DEPARTMENT’S OFFICE OF FOREIGN ASSETS CONTROL (“OFAC”)
No (re)insurer shall be deemed to provide cover and no (re)insurer shall be liable to pay any claim or provide any benefit hereunder to the extent that the provision of such cover, payment of such claim or provision of such benefit would expose that (re)insurer to any sanction, prohibition or restriction under United Nations resolutions or the trade or economic sanctions, laws or regulations of the United States of America, the European Union or the United Kingdom.
Docusign Envelope ID: D4A9C595-4B1E-8E3A-811A-2689796C4AAE FORM MCS-90 OMB No.: 2126-0008 Expiration: 6/30/2027
For FMCSA Use Date Received:
Please note, the expiration date as stated on this form relates to the process for renewing the Information Collection Request for this form with the Office of Management and Budget. This requirement to collect information as requested on this form does not expire. For questions, please contact the Office of Registration and Safety Information, Registration, Licensing, and Insurance Division.
A Federal Agency may not conduct or sponsor, and a person is not required to respond to, nor shall a person be subject to a penalty for failure to comply with a collection of information subject to the requirements of the Paperwork Reduction Act unless that collection of information displays a current valid OMB Control Number. The OMB Control Number for this information collection is 2126-0008. Public reporting for this collection of information is estimated to be approximately 2 minutes per response, including the time for reviewing instructions, gathering the data needed, and completing and reviewing the collection of information. All responses to this collection of i nformation are mandatory.
Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden to: Information Collection Clearance Officer, Federal Motor Carrier Safety Administration, MC-RRA, Washington, D.C. 20590.
Endorsement for Motor CarrierPolicies of Insurance for PublicLiability under Sections 29 and 30 of the Motor Carrier Act of 1980 FORM MCS-90
Issued to HAZMAT TSDF, INC. of CA
(Motor Carrier name) (Motor Carrier state or
province)
(USDOT Number)
Dated at 12:00 Midnight on this 15th day of February 2026 Amending Policy Number: UEC003993113 Effective Date: February 15, 2026 Name of Insurance Company: XL Specialty Insurance Company Countersigned by:
(authorized company representative)
The policy to which this endorsement is attached provides primary or excess insurance, as indicated for the limits shown (check only one):
This insurance is primary and the company shall not be liable for amounts in excess of $ for each accident.
This insurance is excess and the company shall not be liable for amounts in excess of $ 4,000,000 for each accident in excess of the underlyinglimitof $ 1,000,000 for each accident.
Whenever required by the Federal Motor Carrier Safety Administration (FMCSA), the company agrees to furnish the FMCSA a duplicate of said policy and all its endorsements. The company also agrees, upon telephone request by an authorized representative of the FMCSA, to verify that the policy is in force as of a particular date. The telephone number to call is: 610-968-9500.
Cancellation of this endorsement may be effected by the company of the insured by giving (1) thirty -five (35) days’ notice in writing to the other party (said 35 days’ notice to commence from the date the notice is mailed, proof of mailing shall be sufficient proof of notice), and (2) if the insured is subject to the FMCSA’s registration requirements under 49 U.S.C. 13901, by providi ng thirty (30) days’ notice to the FMCSA (said 30 days’ notice to commence from the date the notice is received by the FMCSA at its office in Washington, DC).
Filings must be transmitted online via the Internet at https://www.fmcsa.dot.gov/registration.
Docusign Envelope ID: D4A9C595-4B1E-8E3A-811A-2689796C4AAE (continued on next page)
FORM MCS-90 PAGE 1 of 3 Rev 7/6/2024
Docusign Envelope ID: D4A9C595-4B1E-8E3A-811A-2689796C4AAE FORM MCS-90 OMB No.: 2126-0008 Expiration: 6/30/2027
Accident includes continuous or repeated exposure to conditions or which results in bodily injury, property damage, or
environmental damage which the insured neither expected nor intended.
Motor Vehiclemeans a land vehicle, machine, truck, tractor, trailer, or semitrailer propelled or drawn by mechanical power and used on a highway for transporting property, or any combination thereof.
Bodily Injury means injury to the body, sickness, or disease to any person, including death resulting from any of these.
Property Damage means damage to or loss of use of tangible property.
Environmental Restorationmeans restitution for the loss, damage, or destruction of natural resources arising out of the accidental discharge, dispersal, release or escape into or upon the land, atmosphere, watercourse, or body of water, of any commodity transported by a motor carrier.This shall include the cost of removal and the cost of necessary measures taken to minimize or mitigate damage to human health, the natural environment, fish, shellfish and wildlife.
Public Liability means liabilityfor bodily injury,propertydamage, and environmental restoration.
The insurance policy to which this endorsement is
attached provides automobile liability insurance and is amended to assure compliance by the insured, within
the limits stated herein, as a motor carrier of property, with Sections 29 and 30 of the Motor Carrier Act of
1980 and the rules and regulations of the Federal
Motor Carrier Safety Administration (FMCSA).
In consideration of the premium stated in the policy to which this endorsement is attached, the insurer (the
company) agrees to pay, within the limits of liability
described herein, any final judgment recovered against
the insured for public liability resulting from negligence in the operation, maintenance or use of motor vehicles
subject to the financial responsibility requirements of Sections 29 and 30 of the Motor Carrier Act of 1980
regardless of whether or not each motor vehicle is
specifically described in the policy and whether or not such negligence occurs on any route or in any territory authorized to be served by the insured or elsewhere.
Such insurance as is afforded, for public liability, does not apply to injury to or death of the insured’s
employees while engaged in the course of their
employment, or property transported by the insured,
designated as cargo. It is understood and agreed that
no condition, provision, stipulation, or limitation
contained in the policy, this endorsement, or any other endorsement thereon,
or violation thereof, shall relieve the company from liability or from the payment of any final judgment, within the limits of liability herein described, irrespective of the financial condition, insolvency or bankruptcy of the insured.
However, all terms, conditions, and limitations in the policy to which the endorsement is attached shall remain in full force and effectas binding between the insured and the
company. The insured agrees to reimburse the company
for any payment made by the company on account of any
accident, claim, or suit involving a breach of the terms of the policy, and for any payment that the company would
not have been obligated to make under the provisions of the policy except for the agreement contained in this
endorsement.
It is further understood and agreed that, upon failure of the company to pay any final judgment recovered against the insured as provided herein, the judgment creditor may
maintain an action in any court of competent jurisdiction against the company to compel such payment.
The limits of the company’s liability for the amounts
prescribed in this endorsement apply separately to each accident and any payment under the policy because of
anyone accident shall not operate to reduce the liability of the company for the payment of final judgments resulting from any other accident.
(continued on next page)
FORM MCS-90 PAGE 2 of 3
DEFINITIONSASUSED INTHISENDORSEMENT
Docusign Envelope ID: D4A9C595-4B1E-8E3A-811A-2689796C4AAE FORM MCS-90 OMB No.: 2126-0008 Expiration: 6/30/2027
Type of carriage Commodity transported January 1, 1985
(1) For-hire (in interstate or foreign
commerce, with a gross vehicle weight
rating of 10,001 or more pounds).
Property (nonhazardous) $750,000
(2) For-hire and Private (in interstate,
foreign, or intrastate commerce, with a
gross vehicle weight rating of 10,001 or
more pounds).
Hazardous substances, as defined in 49 CFR 171.8,
transported in cargo tanks, portable tanks, or hopper-
type vehicles with capacities in excess of 3,500 water
gallons; or in bulk Division 1.1, 1.2, and 1.3 materials, Division 2.3, Hazard Zone A, or Division 6.1, Packing
Group I, Hazard Zone A material; in bulk Division 2.1
or 2.2; or highway route controlled quantities of a
Class 7 material, as defined in 49 CFR 173.403.
$5,000,000
(3) For-hire and Private (in interstate or
foreign commerce, in any quantity; or in
intrastate commerce, in bulk only; with a
gross vehicle weight rating of 10,001 or
more pounds).
Oil listed in 49 CFR 172.101; hazardous waste,
hazardous materials, and hazardous substances
defined in 49 CFR 171.8 and listed in 49 CFR
172.101, but not mentioned in (2) above or (4) below.
$1,000,000
(4) For-hire and Private (In interstate or
foreign commerce, with a gross vehicle
weight rating of less than 10,001
pounds).
Any quantity of Division 1.1, 1.2, or 1.3 material; any quantity of a Division 2.3, Hazard Zone A, or Division
6.1, Packing Group I, Hazard Zone A material; or
highway route controlled quantities of a Class 7
material as defined in 49 CFR 173.403
$5,000,000
*The schedule of limits shown does not provide coverage. The limits shown in the schedule are for information purposes only.
FORM MCS-90 PAGE 3 of 3
SCHEDULE OF LIMITS — PUBLIC LIABILITY
Docusign Envelope ID: D4A9C595-4B1E-8E3A-811A-2689796C4AAE
NOTICE TO POLICYHOLDERS
PN CA 02 0524 © 2024 X.L. America, Inc. All Rights Reserved.
May not be copied without permission.
IMPORTANT INFORMATION TO POLICYHOLDERS - CALIFORNIA
In the event you need to contact someone about this Policy for any reason please contact your agent. If you have additional questions, you may contact the insurance company issuing this Policy at the following address and telephone number:
AXA XL
677 WASHINGTON BLVD.
10TH FLOOR, SUITE 1000
STAMFORD, CT 06901
1-800-688-1840
If you have a problem with your insurance company, its agent or representative that has not been resolved to your satisfaction, please call or write to the Department of Insurance.
Department of Consumer Affairs
Consumer Information Division
1625 North Market Blvd., Suite N 112
Sacramento, CA 95834
Internet Website: www.dca.ca.gov
1-800-952-5210
1-800-326-2297 (TDD Number)
916-445-1254 (If calling from within the Sacramento area) 916-928-1227 (TDD Number if calling from within the Sacramento area)
Written correspondence is preferable so that a record of your inquiry can be maintained. When contacting your agent, company or the Bureau of Insurance, have your Policy Number available.
Docusign Envelope ID: D4A9C595-4B1E-8E3A-811A-2689796C4AAE
NOTICE TO POLICYHOLDERS
PN CW 02 0119 Page 1 of 3
© 2019 X.L. America, Inc. All Rights Reserved.
May not be copied without permission.
PRIVACY POLICY
The AXA XL insurance group (the “Companies”), believes personal information that we collect about our customers, potential customers, and proposed insureds (referred to collectively in this Privacy Policy as “customers”) must be treated with the highest degree of confidentiality. For this reason and in compliance with the Title V of the Gramm- Leach-Bliley Act (“GLBA”), we have developed a Privacy Policy that applies to all of our companies. For purposes of our Privacy Policy, the term “personal information” includes all information we obtain about a customer and maintain in a personally identifiable way. In order to assure the confidentiality of the personal information we collect and in order to comply with applicable laws, all individuals with access to personal information about our customers are required to follow this policy.
Our Privacy Promise
Your privacy and the confidentiality of your business records are important to us. Information and the analysis of information is essential to the business of insurance and critical to our ability to provide to you excellent, cost- effective service and products. We understand that gaining and keeping your trust depends upon the security and integrity of our records concerning you. Accordingly, we promise that:
1. We will follow strict standards of security and confidentiality to protect any information you share with us or information that we receive about you;
2. We will verify and exchange information regarding your credit and financial status only for the purposes of underwriting, policy administration, or risk management and only with reputable references and clearinghouse services;
3. We will not collect and use information about you and your business other than the minimum amount of information necessary to advise you about and deliver to you excellent service and products and to administer our business;
4. We will train our employees to handle information about you or your business in a secure and confidential manner and only permit employees authorized to use such information to have access to such information;
5. We will not disclose information about you or your business to any organization outside the AXA XL insurance group of Companies or to third party service providers unless we disclose to you our intent to do so or we are required to do so by law;
6. We will not disclose medical information about you, your employees, or any claimants under any policy of insurance, unless you provide us with written authorization to do so, or unless the disclosure is for any specific business exception provided in the law;
7. We will attempt, with your help, to keep our records regarding you and your business complete and accurate, and will advise you how and where to access your account information (unless prohibited by law), and will advise you how to correct errors or make changes to that information; and
8. We will audit and assess our operations, personnel and third party service providers to assure that your privacy is respected.
Collection and Sources of Information
We collect from a customer or potential customer only the personal information that is necessary for (a) determining eligibility for the product or service sought by the customer, (b) administering the product or service obtained, and (c) advising the customer about our products and services. The information we collect generally comes from the following sources:
Submission – During the submission process, you provide us with information about you and your business, such as your name, address, phone number, e-mail address, and other types of personal identification information;
Quotes – We collect information to enable us to determine your eligibility for the particular insurance product and to determine the cost of such insurance to you. T he information we collect will vary with the type of insurance you seek;
Docusign Envelope ID: D4A9C595-4B1E-8E3A-811A-2689796C4AAE
NOTICE TO POLICYHOLDERS
PN CW 02 0119 Page 2 of 3
© 2019 X.L. America, Inc. All Rights Reserved.
May not be copied without permission.
Transactions – We will maintain records of all transactions with us, our affiliates, and our third party service providers, including your insurance coverage selections, premiums, billing and payment information, claims history, and other information related to your account; Claims – If you obtain insurance from us, we will maintain records related to any claims that may be made under your policies. The investigation of a claim necessarily involves collection of a broad range of information about many issues, some of which does not directly involve you. We will share with you any facts that we collect about your claim unless we are prohibited by law from doing so. The process of claim investigation, evaluation, and settlement also involves, however, the collection of advice, opinions, and comments from many people, including attorneys and experts, to aid the claim specialist in determining how best to handle your claim.
In order to protect the legal and transactional confidentiality and privileges associated with such opinions, comments and advice, we will not disclose this information to you; and Credit and Financial Reports – We may receive information about you and your business regarding your credit.
We use this information to verify information you provide during the submission and quote processes and to help underwrite and provide to you the most accurate and cost-effective insurance quote we can provide.
Retention and Correction of Personal Information
We retain personal information only as long as required by our business practices and applicable law. If we become aware that an item of personal information may be materially inaccurate, we will make reasonable effort to re-verify its accuracy and correct any error as appropriate.
Storage of Personal Information
We have in place safeguards to protect data and paper files containing personal information.
Sharing/Disclosing of Personal Information
We maintain procedures to assure that we do not share personal information with an unaffiliated third party for marketing purposes unless such sharing is permitted by law. P ersonal information may be disclosed to an unaffiliated third party for necessary servicing of the product or service or for other normal business transactions as permitted by law.
We do not disclose personal information to an unaffiliated third party for servicing purposes or joint marketing purposes unless a contract containing a confidentiality/non-disclosure provision has been signed by us and the third party. Unless a consumer consents, we do not disclose “consumer credit report” type information obtained from an application or a credit report regarding a customer who applies for a financial product to any unaffiliated third party for the purpose of serving as a factor in establishing a consumer’s eligibility for credit, insurance or employment. “Consumer credit report type information” means such things as net worth, credit worthiness, lifestyle information (piloting, skydiving, etc.) solvency, etc. We also do not disclose to any unaffiliated third party a policy or account number for use in marketing. We may share with our affiliated companies information that relates to our experience and transactions with the customer.
Policy for Personal Information Relating to Nonpublic Personal Health Information We do not disclose nonpublic personal health information about a customer unless an authorization is obtained from the customer whose nonpublic personal information is sought to be disclosed. However, an authorization shall not be prohibited, restricted or required for the disclosure of certain insurance functions, including, but not limited to, claims administration, claims adjustment and management, detection, investigation or reporting of actual or potential fraud, misrepresentation or criminal activity, underwriting, policy placement or issuance, loss control and/or auditing.
Docusign Envelope ID: D4A9C595-4B1E-8E3A-811A-2689796C4AAE
NOTICE TO POLICYHOLDERS
PN CW 02 0119 Page 3 of 3
© 2019 X.L. America, Inc. All Rights Reserved.
May not be copied without permission.
Access to Your Information
Our employees, employees of our affiliated companies, and third party service providers will have access to information we collect about you and your business as is necessary to effect transactions with you. We may also disclose information about you to the following categories of person or entities:
Your independent insurance agent or broker;
An independent claim adjuster or investigator, or an attorney or expert involved in the claim; Persons or organizations that conduct scientific studies, including actuaries and accountants; An insurance support organization;
Another insurer if to prevent fraud or to properly underwrite a risk; A state insurance department or other governmental agency, if required by federal, state or local laws; or Any persons entitled to receive information as ordered by a summons, court order, search warrant, or subpoena.
Violation of the Privacy Policy
Any person violating the Privacy Policy will be subject to discipline, up to and including termination.
For more information or to address questions regarding this privacy statement, please contact your broker.
Docusign Envelope ID: D4A9C595-4B1E-8E3A-811A-2689796C4AAE XCU 000 0119 © 2019 X.L. America, Inc. All Rights Reserved. Page 1 of 2 May not be copied without permission.
Regulatory Office
Dept: Regulatory
505 Eagleview Blvd. Suite 100
Exton, PA 19341-1120
Telephone: 800-688-1840
Issuing Company and Address
XL Specialty Insurance Company
505 Eagleview Blvd. Suite 100
Dept: Regulatory
Exton, PA 19341-0636
Commercial Excess Follow Form and Umbrella Liability
Policy Declarations
Policy Number: UEC003993113 Renewal of Number: UEC003993112 ITEM 1. NAMED INSURED: HAZMAT TSDF, INC.
ADDRESS: P.O. BOX 449
CITY, STATE, ZIP: COLTON, CA 92324
ITEM 2. POLICY PERIOD:
Inception: February 15, 2026 Expiration: February 15, 2027 (12:01 A.M. Standard Time at the address of the Named Insured stated above) ITEM 3. LIMITS OF INSURANCE:
The Limits of Insurance, subject to the terms of this policy, are:
$ 8,000,000 Each Occurrence
$ 8,000,000 General Aggregate (In accordance with Section IV. Limits of Insurance) $ 8,000,000
Products-Completed Operations Aggregate (In accordance with Section IV.
Limits of Insurance)
$ 80,000 Disaster Response Limit (In accordance with Section IV. Limits of Insurance) ITEM 4. SELF-INSURED RETENTION: $ 10,000
Docusign Envelope ID: D4A9C595-4B1E-8E3A-811A-2689796C4AAE XCU 000 0119 © 2019 X.L. America, Inc. All Rights Reserved. Page 2 of 2 May not be copied without permission.
ITEM 5. UNDERLYING INSURANCE: See attached Schedule of Underlying Insurance.
ITEM 6. POLICY PREMIUM: $ 265,898 Policy Premium
$ Excluded Premium for Certified Acts of Terrorism
$ 265,898 Total Policy Premium
$ 265,898 Total Amount Due
$
Not
Applicable Minimum Premium Due
ITEM 7. FORMS ATTACHED TO THE POLICY AT ISSUANCE: See attached Schedule of Forms and Endorsements.
ITEM 8. DISASTER RESPONSE
EVENT PHONE
NUMBER: 800-823-7351
(to be called in the event of a disaster as per
Section I. Insuring Agreements, Item C.)
ITEM 9. PRODUCER NAME: HUB International Insurance Services, Inc.
ADDRESS:
3390 University Avenue,
Suite 300
CITY, STATE, ZIP: Riverside, CA 92501
Date Issued: 03/06/2026
_____________________________________________
Authorized Representative
Docusign Envelope ID: D4A9C595-4B1E-8E3A-811A-2689796C4AAE XCU 050 0811 © 2011 X.L. America, Inc. All Rights Reserved.
May not be copied without permission.
Includes copyrighted material of Insurance Services Offices, Inc., with its permission.
COMMERCIAL EXCESS FOLLOW FORM
AND UMBRELLA LIABILITY POLICY
TABLE OF CONTENTS
Beginning on Page
I. Insuring Agreements………………………………………………………………………………………..2 (A) Insuring Agreement A - Excess Follow Form Liability……………………………………....2 (B) Insuring Agreement B - Umbrella Liability Over Self-insured Retention……………........2 (C) Insuring Agreement C - Disaster Response Coverage …………………………………….3 II. Who Is An Insured .……………………………………………………………………………….………..4 III. Defense And Settlement …..……………………………………………………………………………..5 IV. Limits Of Insurance ………..……………………………………………………………………………..6 V. Exclusions …………………..……………………………………………………………………………..7 (A) Exclusions Applicable to Insuring Agreements A and B …………………………………….7 (B) Exclusions Applicable to Insuring Agreement A Only ...…………………………………….9 (C) Exclusions Applicable to Insuring Agreement B Only ...……………………………………11 VI. Definitions …………………..………………………………………………………………………..…..14 VII. Conditions …………………..………………………………………………………………………..…..21 Docusign Envelope ID: D4A9C595-4B1E-8E3A-811A-2689796C4AAE XCU 050 0811 © 2011 X.L. America, Inc. All Rights Reserved.
May not be copied without permission.
Includes copyrighted material of Insurance Services Offices, Inc., with its permission.
COMMERCIAL EXCESS FOLLOW FORM AND UMBRELLA LIABILITY POLICY VARIOUS PROVISIONS IN THIS POLICY RESTRICT COVERAGE. READ THE ENTIRE POLICY CAREFULLY TO DETERMINE YOUR RIGHTS, DUTIES AND WHAT IS AND WHAT IS NOT COVERED.
THIS POLICY IS INCOMPLETE UNLESS THE DECLARATIONS AND ALL APPLICABLE FORMS AND ENDORSEMENTS ARE ATTACHED.
THROUGHOUT THIS POLICY THE WORDS “YOU” AND “YOUR” REFER TO THE NAMED INSURED SHOWN IN DECLARATIONS ITEM 1 AND ANY OTHER PERSON OR ORGANIZATION QUALIFYING AS A NAMED INSURED UNDER THIS POLICY. THE WORDS “WE”, “US”, AND “OUR” REFER TO THE COMPANY PROVIDING THIS INSURANCE.
WORDS AND PHRASES THAT APPEAR IN BOLD HAVE SPECIAL MEANING AND ARE DEFINED IN SECTION VI - DEFINITIONS.
I. INSURING AGREEMENTS
In consideration of the payment of premium, and subject to the terms, definitions, conditions and limitations of this policy, including any endorsements or amendments thereto, we agree with the named insured as follows:
(A) Insuring Agreement A - Excess Follow Form Liability (1) We will pay on behalf of the insured, subject to Section IV. Limits of Insurance, those amounts the insured becomes legally obligated to pay as damages in excess of the scheduled underlying insurance as a result of a claim covered by the scheduled underlying insurance, but only if the scheduled underlying insurance has been exhausted by the actual payment of loss to which this policy applies.
(2) Coverage under this Insuring Agreement A shall follow the terms, definitions, conditions and limitations of the scheduled underlying insurance, subject to the policy period, Limits of Insurance, premium, and any contrary provisions contained in this policy.
However, this Insuring Agreement A will not apply to any disaster response expense as described in Insuring Agreement C, even if such insurance is covered by the scheduled underlying insurance or would have been but for the exhaustion of the scheduled underlying insurance. (3) If we are prevented by law or statute from making payment on the insured’s behalf under Insuring Agreement A, we will indemnify the insured for those sums otherwise payable hereunder. (B) Insuring Agreement B - Umbrella Liability Over Self-insured Retention (1) We will pay on behalf of the insured, subject to Section IV. Limits of Insurance, those amounts not covered by the scheduled underlying insurancethat the insured becomes legally obligated to pay as damages in excess of the self-insured retention because of bodily injury, property damage (including liability assumed by the insured under an insured contract) or personal and advertising injury taking place anywhere in the world and caused by an occurrence during the policy period. (2) The coverage provided by Insuring Agreement B will not apply to damages that would have been covered by the scheduled underlying insurancebut for its exhaustion by the payment of loss. (3) The coverage provided by Insuring Agreement B will not apply to any damages covered by Insuring Agreement A, or arising out of subjects of insurance or exposures to loss for which this policy requires the scheduled underlying insurance to be maintained.
Docusign Envelope ID: D4A9C595-4B1E-8E3A-811A-2689796C4AAE XCU 050 0811 © 2011 X.L. America, Inc. All Rights Reserved.
May not be copied without permission.
Includes copyrighted material of Insurance Services Offices, Inc., with its permission. (4) If we are prevented by law or statute from making payment on the insured’s behalf under Insuring Agreement B, we will indemnify the insured for those sums otherwise payable hereunder.
We will make payment on behalf of the insured under Insuring Agreements A and B only if:
(1) Prior to the policy period, no insured listed under Section II. Who Is An Insured, (B)(1), (6), (7), (8), (9) or (10); no manager in your risk management, insurance or legal department; and no employee authorized by you to give or receive notice of an occurrence, claim or suit; knew, prior to the policy period, that the bodily injury or property damage had occurred, in whole or in part, or of the existence of any occurrence that caused personal and advertising injury; or
(2) During the policy period, no insured listed under Section II. Who is An Insured, (B) (1),(6), (7), (8), (9) or (10); no manager in your risk management, insurance or legal department; and no employee authorized by you to give or receive notice of an occurrence, claim or suit; knew during the policy period, that the bodily injury or property damage had occurred, in whole or in part , or of the existence of any occurrence that caused personal and advertising injury, prior to the policy period.
For these purposes, bodily injury, property damage, and personal and advertising injury, including the continuation, change or resumption of such bodily injury, property damage, or personal and advertising injury, will be deemed to have been known at the earliest time when any of the above-referenced individuals:
(1) Reports all or any part of the bodily injury, property damage, or personal and advertising injuryto us or any other insurer;
(2) Receives a claim because of the bodily injury, property damage, or personal and advertising injury; or (3) Becomes aware by any other means that bodily injury or property damage has occurred or has begun to have occurred, or an occurrence has been committed that has caused or may cause personal and advertising injury.
(C) Insuring Agreement C - Disaster Response Coverage
(1) We will indemnify the insured for disaster response expenses resulting from a disaster event occurring during the policy period, provided:
(a) a disaster response advisor has been hired in connection with the disaster event; and (b) a disaster event is reported to us at the number indicated in Declarations Item 8 within twenty-four (24) hours of its commencement.
(2) A disaster event will be deemed to commence when a key executive first becomes aware of a disaster event. A disaster event will be deemed to end when:
(a) we determine that any one of the elements listed in the definition of disaster eventno longer exists; or
(b) the Disaster Response Expense Aggregate Limit listed in Declarations Item 3 has been exhausted,
whichever is earlier.
(3) If we and the insured disagree on whether a disaster event has occurred, the insured’s right of reimbursement under Insuring Agreement C shall be arbitrated pursuant to the rules of the American Arbitration Association for the state shown in Declarations Item 1.
Docusign Envelope ID: D4A9C595-4B1E-8E3A-811A-2689796C4AAE XCU 050 0811 © 2011 X.L. America, Inc. All Rights Reserved.
May not be copied without permission.
Includes copyrighted material of Insurance Services Offices, Inc., with its permission. (4) Payment by us of disaster response expenses will not determine or be evidence of our rights or obligations under Insuring Agreement A or B.
(5) Payment by us of disaster response expenses will not oblige us to assume any duty to control the investigation, settlement or defense of any claim or suit that might arise from a covered disaster event.
II. WHO IS AN INSURED
(A) The following are insureds under Insuring Agreement A:
(1) The named insured.
(2) Any person or organization qualifying as an insured under the scheduled underlying insurance, but for no broader coverage than would be afforded to such person or organization by the scheduled underlying insurance.
(B) The following are insureds under Insuring Agreements B and C:
(1) The named insured.
(2) Any person or organization, other than an employee or volunteer worker, while such person or organization is acting as your real estate manager.
(3) Your legal representative if you die, but only with respect to his or her duties as such. (4) Your employees, but only for acts within the scope of their employment by you, or while performing duties related to the conduct of your business.
(5) Your volunteer workers, but only while performing duties related to the conduct of your business. (6) If you are designated in the Declarations as an individual, then your spouse, but only with respect to the conduct of a business of which you are the sole owner. (7) If you are designated in the Declarations as a partnership or joint venture, your partners and their spouses, but only with respect to the conduct of your business. (8) If you are designated in the Declarations as a limited liability company, your members, but only with respect to the conduct of your business, and your managers, but only with respect to their duties as such.
(9) If you are designated in the Declarations as an organization other than a partnership, joint venture or limited liability company, your executive officers and directors, but only with respect to their duties as such. Your stockholders are also insureds, but only with respect to their liability as stockholders. (10) If you are designated in the Declarations as a trust, your trustees, but only with respect to their duties as such.
(11) Any organization in which you maintain an interest of more than fifty percent (50%) as of the effective date of this policy.
(12) A partnership, joint venture or limited liability company that you acquire or form during the policy period, but only if we have named such partnership, joint venture or limited liability company as an insured on a written endorsement that is made part of this policy.
Docusign Envelope ID: D4A9C595-4B1E-8E3A-811A-2689796C4AAE XCU 050 0811 © 2011 X.L. America, Inc. All Rights Reserved.
May not be copied without permission.
Includes copyrighted material of Insurance Services Offices, Inc., with its permission.
III. DEFENSE AND SETTLEMENT
(A) We will have the right and duty to defend any suit covered by Insuring Agreement A, but only when the scheduled underlying insurance or other insurance has been exhausted by payment of loss to which this policy applies.
(B) We will have the right and the duty to defend any suit covered by Insuring Agreement B, but only when such suit seeks damages because of bodily injury, property damage, or personal and advertising injurythat are not covered by the scheduled underlying insuranceor by other insurance. (C) When we assume the defense of any suit under Paragraph (A) or (B) above, we will have the right to investigate, defend and settle such suit as we deem appropriate. We will defend any such suit even if it is groundless, false or fraudulent. We also will pay the following supplementary payments in connection with any suit we defend, but only if such supplementary payments are not covered by the scheduled underlying insurance or any other insurance:
(1) Premiums on appeal bonds or bonds to release attachments, subject to the applicable Limits of Insurance set forth in the Declarations, provided that we will not be obligated to apply for or furnish any such bond.
(2) All costs taxed against an insured in connection with the suit. (3) Pre-judgment interest awarded against the insured on that part of any judgment paid under this policy, but only such interest as shall accrue before we make a settlement offer within the policy’s applicable Limits of Insurance.
(4) Post-judgment interest that accrues after entry of judgment and before we have paid, offered to pay, or deposited in court, that part of the judgment that is within this policy’s applicable Limits of Insurance.
(5) Reasonable expenses incurred by an insured at our request or with our consent. (D) We will have no duty to defend, investigate, pay or settle, or continue to defend, investigate, pay or settle, a suit after the applicable Limits of Insurance set forth in the Declarations have been exhausted by the payment of loss; in which case we willhave the right to withdraw and discontinue our investigation or defense of such suit.
(E) We will have no duty to defend the insured against any suit seeking damages to which this insurance does not apply.
(F) If we are prevented by law or statute from assuming our defense obligations under Paragraph (A) or (B), we will pay any expenses incurred by you with our consent in connection with the defense of a suit otherwise covered by that section.
(G) Except as otherwise provided in this Section III. Defense and Settlement, we shall have no duty to defend any suit against an insured. We, however, will have the right, but not the duty, to associate with you in the investigation, settlement or defense of any claim or suit to which this policy applies, in which case the insured will cooperate with us and make available all information and records we reasonably require. We will exercise our right to associate at our expense.
IV. LIMITS OF INSURANCE
Docusign Envelope ID: D4A9C595-4B1E-8E3A-811A-2689796C4AAE XCU 050 0811 © 2011 X.L. America, Inc. All Rights Reserved.
May not be copied without permission.
Includes copyrighted material of Insurance Services Offices, Inc., with its permission. (A) The Limits of Insurance shown in Declarations Item 3 are the most we will pay for all damages under this policy regardless of the number of insureds, claims made, suits brought, persons or organizations making claims or bringing suits, or coverages provided by this policy. (B) Subject to this policy’s Limits of Insurance, we will pay only that amount of loss that is in excess of the retained limit.
(C) The amount shown in Declarations Item 3 for the General Aggregate Limit is the most we will pay for all loss, other than:
(1) Loss covered in the scheduled underlying insurance to which no underlying aggregate limit applies; or
(2) Loss included in the products-completed operations hazard.
However, with respect to Insuring Agreement A only, if a policy shown in the scheduled underlying insurance has aggregate limits, other than the products-completed operations hazard aggregate limits, then the General Aggregate Limit as shown in Declarations Item 3 will apply in the same manner as the aggregate limits shown in each policy listed in the scheduled underlying insurance, but will be no broader. (D) The amount shown in Declarations Item 3 for the Products-Completed Operations Aggregate Limit is the most we will pay for all loss included in the products-completed operations hazard. (E) Subject to Paragraphs (C) and (D) above, the Each Occurrence Limit shown in Declarations Item 3 is the most we will pay for all loss arising out of any one occurrence. (F) The amount shown in Declarations Item 3 for the Disaster Response Expense Aggregate Limit is the most we will pay for all disaster response expenses incurred during the policy period. This Disaster Response Expense Aggregate Limit is in addition to and does not reduce any other Limit of Insurance applicable to this policy.
(G) If the limits for any scheduled underlying insurancepolicy are:
(1) Greater than the amount shown in the Schedule of Underlying Insurance, this policy will apply in excess of the greater amount.
(2) Less than the amount shown in the Schedule of Underlying Insurance, this policy will apply in excess of the amount shown in the Schedule of Underlying Insurance and any other insurance that is applicable and collectible.
(H) Expenses we incur to defend any suit or investigate any claim will be in addition to the policy’s applicable Limits of Insurance unless such expenses reduce the limits of the scheduled underlying insurance, in which case such expenses will reduce this policy’s available Limits of Insurance. (I) If the total applicable limits of the scheduled underlying insurance are reduced or exhausted by the actual payment of loss to which this policy applies, this policy shall:
(1) In the event of reduction, pay in excess of the sum of any remaining total applicable limits of the scheduled underlying insurance and any applicable and collectible other insurance. (2) In the event of exhaustion of the total applicable limits of scheduled underlying insuranceand any applicable and collectible other insurance, continue in force subject to the terms and conditions of this policy.
(J) If the limits of the scheduled underlying insurance are not collectible for any reason other than reduction or exhaustion by the payment of loss, our obligations will not be increased and we will pay on your behalf only those amounts in excess of the limits of the scheduled underlying insurance.
Docusign Envelope ID: D4A9C595-4B1E-8E3A-811A-2689796C4AAE XCU 050 0811 © 2011 X.L. America, Inc. All Rights Reserved.
May not be copied without permission.
Includes copyrighted material of Insurance Services Offices, Inc., with its permission. (K) We will not make any payment under this policy unless and until:
(1) The total applicable limits of scheduled underlying insurance or any other insurance have been exhausted by the payment of loss to which this policy applies; or (2) The total applicable self-insured retention has been satisfied by the payment of loss to which this policy applies.
(L) When the amount of loss has finally been determined by an agreed settlement or a final judgment, we will promptly pay on your behalf the amount of such loss within this policy’s applicable Limits of Insurance. (M) The policy’s Limits of Insurance apply separately to each consecutive annual period and to any remaining period of less than twelve (12) months, beginning with the policy’s inception date shown in the Declarations.
If the policy period is extended for a period of less than twelve (12) months, the extended period will be deemed part of the immediately preceding policy period.
V. EXCLUSIONS
(A) Exclusions Applicable to Insuring Agreements A and B:
This insurance does not apply to:
(1) Asbestos
(a) The manufacture of, mining of, use of, sale of, installation of, removal of, distribution of or exposure to asbestos, asbestos products, asbestos fibers or asbestos dust; (b) Any obligation of the insured to indemnify a party because of damages arising out of, but not limited to, the manufacture of, mining of, use of, sale of, installation of, removal of, distribution of or exposure to asbestos, asbestos products, asbestos fibers or asbestos dust; or
(c) Any obligation to defend any suit or claim against the insured that seeks damages, if such suit or claim arises out of, but not limited to, the manufacture of, mining of, use of, sale of, installation of, removal of, distribution of or exposure to asbestos, asbestos products, asbestos fibers or asbestos dust.
(2) Employment Practices
Employment practices, whether the insured may be liable as an employer or in any other capacity, and including any obligation to share damages with or repay another. (3) ERISA
A violation of the Employee Retirement Income Security Act of 1974 (ERISA), the Fair Labor Standards Act (except the Equal Pay Act), the National Labor Relations Act, the Worker Adjustment and Retraining Notification Act, the Consolidated Omnibus Budget Reconciliation Act, the Occupational Safety and Health Act, all as may be amended, or any similar federal, state or local statutory or common law, or any rules or regulations promulgated thereunder.
Docusign Envelope ID: D4A9C595-4B1E-8E3A-811A-2689796C4AAE XCU 050 0811 © 2011 X.L. America, Inc. All Rights Reserved.
May not be copied without permission.
Includes copyrighted material of Insurance Services Offices, Inc., with its permission. (4) Intangible Property
The loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate or process intangible property. F or the purpose of this exclusion, intangible property includes electronic data.
(5) No-Fault, Uninsured Motorist or Underinsured Motorist Laws Any obligation of the insured under any no fault, uninsured or underinsured motorist law, or any similar law.
(6) Nuclear Liability
To injury or damage:
(a) With respect to which an insured is also an insured under a nuclear energy liability policy issued by the Nuclear Energy Liability-Property Insurance Association, the American Nuclear Insurers, Mutual Atomic Energy Liability Underwriters, or the Nuclear Insurance Association of Canada, or any of their successors, or would be an insured under any such policy but for its termination upon exhaustion of its limit of liability. (b) Resulting from the hazardous properties of nuclear material and with respect to which: (i) any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954, or any amendments thereto; or (ii) the insured is, or but for this policy 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 an agency thereof with any person or organization.
(c) Resulting from hazardous properties of nuclear material if:
(i) The nuclear material is at any nuclear facility owned or operated by or on behalf of an insured or has been discharged or dispersed therefrom. (ii) The nuclear material is contained in spent fuel or waste that was at any time possessed, handled, used, processed, stored, transported or disposed of, by or on behalf of an insured.
(iii) The injury or damage or personal and advertising injury arises out of an insured’s furnishing services, materials, parts, or equipment in connection with the planning, construction, maintenance, operation, or use of any nuclear facility. If such facility is located within the United States of America, its territories or possessions or Canada, this Exclusion (iii) applies only to property damageto such nuclear facility and any property therein.
(7) Product Recall
The loss of use, withdrawal, recall, inspection, repair, replacement, adjustment, removal, or disposal of your product, your work, or impaired property, if such product, work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect, deficiency, inadequacy or dangerous condition in it. (8) Securities
(a) A violation of any securities law or similar law, or any regulation promulgated thereunder; (b) The purchase, sale, offer of sale or solicitation of any security, debt, insurance policy, bank deposit, or financial interest or instrument;
Docusign Envelope ID: D4A9C595-4B1E-8E3A-811A-2689796C4AAE XCU 050 0811 © 2011 X.L. America, Inc. All Rights Reserved.
May not be copied without permission.
Includes copyrighted material of Insurance Services Offices, Inc., with its permission. (c) Any representations made at any time in relation to the price or value of any security, debt, insurance policy, bank deposit or financial interest or instrument; or (d) The depreciation or decline in price or value of any security, debt, insurance policy, bank deposit or financial interest or instrument.
(9) Violation of Communication or Information Laws
Any act that violates any statute, ordinance or regulation of any federal, state or local government, including any amendment thereto, that prohibits or limits the sending, transmitting or communicating of material or information.
(10) War
War (whether declared or not), invasion, hostilities, civil war, rebellion, revolution, insurrection, military or usurped power, strike, riot or civil insurrection. (11) Workers’ Compensation and Similar Laws
Any obligation of the insured under any workers' compensation, disability benefits, unemployment compensation law, or any similar law.
(B) Exclusions Applicable to Insuring Agreement A Only:
This insurance does not apply to:
(1) Pollution
(a) The actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of pollutants:
(i) At or from any premises, site or location that is or was at any time owned, used, occupied by, or rented or loaned to an insured.
(ii) At or from any premises, site or location that is or was at any time used for the handling, storage, disposal, processing or treatment of waste. (iii) That are or were at any time transported, handled, stored, treated, disposed of, or processed as waste by or for an insured or any person or organization for whom the insured may be legally responsible.
(iv) At or from any premises, site or location on which an insured or any contractors or subcontractors working directly or indirectly on an insured's behalf are performing operations if the pollutants are brought on or to the premises, site or location in connection with such operations by such insured, contractor or subcontractor. (v) At or from any premises, site or location on which an insured or any contractors or subcontractors working directly or indirectly on an insured's behalf are 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.
Docusign Envelope ID: D4A9C595-4B1E-8E3A-811A-2689796C4AAE XCU 050 0811 © 2011 X.L. America, Inc. All Rights Reserved.
May not be copied without permission.
Includes copyrighted material of Insurance Services Offices, Inc., with its permission. (vi) That are contained in any property that is:
(1) Being transported, towed by, handled, or handled for movement into, onto or from, an auto covered by the scheduled underlying insurance. (2) In the course of transit by or on behalf of an insured. (3) Being stored, disposed of, treated, or processed in or upon an auto covered by this policy or scheduled underlying insurance.
(vii) Before the pollutants, or any property in which the pollutants are contained, are moved from the place where they are accepted by the insured for movement into or onto an auto covered by scheduled underlying insurance; or (viii) After the pollutants or any property in which the pollutants are contained are moved from an auto covered by this policy or the scheduled underlying insurance to the place where they are finally delivered, disposed of or abandoned by the insured.
(b) Any loss, cost or expense arising out of:
(i) A request, demand, order or statutory or regulatory 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. (ii) A claim or suit by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to or assessing the effects of pollutants.
The following exceptions apply to Exclusion (B)(1), but only if an otherwise covered claim or suit also is covered by the scheduled underlying insurance:
(1) Paragraphs (1)(a)(i) through (1)(a)(v) do not apply to bodily injury or property damage included within the products-completed operations hazard if your product or your work has not at any time been discarded, dumped, abandoned, thrown away, treated or handled as waste by anyone. (2) Paragraphs (1)(a)(i) and (1)(a)(iv) do not apply with respect to bodily injury or property damage arising out of heat, smoke or fumes from a hostile fire. (3) Paragraph (1)(a)(i) does not apply to:
(a) Bodily injury sustained within a building and caused by smoke, fumes, vapor or soot produced by or originating from equipment that is used to heat, cool or dehumidify the building or equipment that is used to heat water for personal use, by the building's occupants or their guests.
(b) Bodily injury or property damage for which an insured may be held liable if the insured is a contractor and the owner or lessee of a premises, site or location has been added to the policy as an additional insured with respect to the insured’s ongoing operations performed for that additional insured at such premises, site or location; and such premises, site or location is not and never was owned or occupied by, or rented or loaned to, any insured other than that additional insured.
Docusign Envelope ID: D4A9C595-4B1E-8E3A-811A-2689796C4AAE XCU 050 0811 © 2011 X.L. America, Inc. All Rights Reserved.
May not be copied without permission.
Includes copyrighted material of Insurance Services Offices, Inc., with its permission. (4) Paragraph (1)(a)(iv) does not apply to:
(a) Bodily injury or property damage arising out of the escape of fuels, lubricants or other operating fluids that are needed to perform normal electrical, hydraulic or mechanical functions necessary for the operation of mobile equipment or its parts, if such fuels, lubricants or other operating fluids escape from a vehicle part designed to hold, store or receive them. This exception does not apply if the bodily injury or property damage arises out of the intentional discharge, dispersal or release of the fuels, lubricants or other operating fluids, or if such fuels, lubricants or other operating fluids are brought on or to the premises, site or location with the intent that they be discharged, dispersed or released as part of the operations being performed by such insured contractor or subcontractor. (b) Bodily injury or property damage sustained within a building and caused by the release of gases, fumes or vapors from materials brought into that building in connection with operations being performed by the insured or on the insured’s behalf by a contractor or subcontractor.
(5) Paragraph (1)(a)(vi) does not apply to fuels, lubricants, fluids, exhaust gases or other similar pollutants that are needed for or result from the normal electrical, hydraulic or mechanical functioning of an auto or its parts covered by the scheduled underlying insurance if:
(a) The pollutants escape, seep, migrate or are discharged, dispersed or released directly from an auto part designed by its manufacturer to hold, store, receive or dispose of such pollutants; and
(b) The bodily injury or property damage does not arise out of the operation of any equipment listed in Subparagraphs (7)(b) and (c) of the definition of mobile equipment. (6) Paragraph (1)(a)(vii) does not apply to occurrences that take place away from premises owned by or rented to an insured with respect to pollutants not in or upon an auto covered by scheduled underlying insurance if:
(a) The pollutants or any property in which the pollutants are contained are upset, overturned or damaged as a result of the maintenance or use of an auto covered by scheduled underlying insurance; and
(b) The discharge, dispersal, seepage, migration, release or escape of the pollutants is caused directly by such upset, overturn or damage.
(C) Exclusions Applicable to Insuring Agreement B Only:
This insurance does not apply to:
(1) Aircraft, Auto or Watercraft
Bodily injury or property damage arising out of the ownership, maintenance, use or entrustment to others of any aircraft, auto or watercraft owned or operated by or rented or loaned to any insured.
The term “use” shall include operation, loading and unloading. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others.
(2) Contractual Liability
Bodily injury, property damage, or personal and advertising injury for which the insured is obligated to pay by reason of assumption of liability in a contract or agreement.
Docusign Envelope ID: D4A9C595-4B1E-8E3A-811A-2689796C4AAE XCU 050 0811 © 2011 X.L. America, Inc. All Rights Reserved.
May not be copied without permission.
Includes copyrighted material of Insurance Services Offices, Inc., with its permission. (3) Damage to Impaired Property
Property damage to impaired property or property that has not been physically injured, arising out of a defect, deficiency, inadequacyor dangerous condition in your product or your work; or a delay or failure by the insured or anyone acting on the insured’s behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to your product or your work after it has been put to its intended use.
(4) Damage to Real and Personal Property
Property damage to:
(a) Property the insured owns, rents, or occupies, including any costs or expenses incurred by the insured or another person, organization or entity, for the repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property. (b) Premises the insured sells, gives away, or abandons, if the property damage arises out of any part of those premises.
(c) Property loaned to the insured.
(d) Personal property in the insured’s care, custody or control. (e) That particular part of real property on which the insured or any contractors or subcontractors working directly or indirectly on the insured’s behalf are performing operations, if the property damage arises out of those operations. (f) That particular part of any property that must be restored, repaired or replaced because your work was incorrectly performed on it.
(5) Damage to Your Product
Property damage to your product arising out of it or any part of it. (6) Damage to Your Work
Property damage to your work, arising out of it or any part of it, and included in the products- completed operations hazard.
(7) Employee Injury
Bodily injury to an employee of the insured arising out of and in the course of employment by the insured or performing duties related to the conduct of the insured’s business; or any injury to the spouse, domestic partner, child, parent, brother or sister of that employee as a consequence of bodily injury to an employee. This exclusion applies whether the insured may be liable as an employer or in any other capacity, including an obligation to share damages with or repay another who must pay damages because of injury.
Docusign Envelope ID: D4A9C595-4B1E-8E3A-811A-2689796C4AAE XCU 050 0811 © 2011 X.L. America, Inc. All Rights Reserved.
May not be copied without permission.
Includes copyrighted material of Insurance Services Offices, Inc., with its permission. (8) Employees and Volunteer Workers
To the liability of any employee or volunteer worker arising out of bodily injury, property damage, or personal and advertising injury:
(a) To the insured, its partners, members, employees or volunteer workers. (b) To the spouse, child, parent, brother, sister of a person identified in Paragraph (8)(a) above. (c) Arising out of the providing or failing to provide professional health care services. (9) Expected or Intended
Bodily injury or property damage expected or intended from the standpoint of the insured.
However, this exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force by the insured to protect persons or property. (10) Liquor Liability
Bodily injury or property damage for which the insured may be held liable by reason of:
(a) Causing or contributing to the intoxication of any person. (b) The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol.
(c) Any statute, ordinance or regulation relating to the sale, gift, distribution or use of alcoholic beverages.
(11) Personal and Advertising Injury
Personal and advertising injury:
(a) Caused by or at the direction of the insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury. (b) Arising out of oral or written publication of material by or at the direction of the insured with knowledge of its falsity.
(c) Arising out of oral or written publication of material whose first publication took place prior to the policy period.
(d) Arising out of a criminal act committed by or at the direction of an insured. (e) For which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement.
(f) Arising out of a breach of an expressed contract to use another's advertising idea in the insured’s advertisement.
(g) Arising out of the failure of goods, products or services to conform to any statement of quality or performance made in the insured’s advertisement.
Docusign Envelope ID: D4A9C595-4B1E-8E3A-811A-2689796C4AAE XCU 050 0811 © 2011 X.L. America, Inc. All Rights Reserved.
May not be copied without permission.
Includes copyrighted material of Insurance Services Offices, Inc., with its permission. (h) Arising out of the wrong description of the price of goods, products or services stated in the insured’s advertisement.
(i) Arising out of the infringement of copyright, patent, trademark, trade secret or other intellectual property rights. H owever, this exclusion does not apply to infringement of copyright, trade dress or slogan in your advertisement. (j) Committed by an insured whose business is advertising, broadcasting, publishing or telecasting; designing or determining content of websites for others; or an Internet search, access, content or service provider.
However, this exclusion does not apply to Paragraphs (DD) (1), (2), and (3) of the definition of personal and advertising injury. F or the purposes of this exclusion, the placing of frames, borders or links, or advertising for the insured or others anywhere on the Internet is not by itself considered the business of advertising, broadcasting, publishing or telecasting. (k) Arising out of an electronic chat room or bulletin board the insured hosts, owns, or over which the insured exercises control.
(l) Arising out of the unauthorized use of another's name, likeness,trade dress, slogan, style of doing business, or product in the insured’s e-mail address, domain name, web page or Internet domain, or metatag, or any other similar tactics to mislead another's potential customers.
(12) Pollution
(a) The actual, alleged, or threatened discharge, dispersal, seepage, migration, release, or escape of pollutants.
(b) Any request, demand, order or statutory or regulatory requirement that the 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.
(c) Any claim or suit by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of pollutants.
VI. DEFINITIONS
The following definitions are applicable to Insuring Agreements B and C, and, to the extent the following terms are not defined in the scheduled underlying insurance, to Insuring Agreement A. (A) Advertisement means a notice that is broadcast or published to the general public or specific market segments about the insured’s goods, products or services for the purpose of attracting customers or supporters. For the purposes of this definition, notices that are published include material placed on the Internet or on similar electronic means of communication; and regarding websites, only that part of a website that is about the insured’s goods, products or services for the purposes of attracting customers or supporters is considered an advertisement.
(B) Auto means a land motor vehicle, trailer or semi-trailer designed for travel on public roads, including any attached machinery or equipment, or 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. Auto does not include mobile equipment.
Docusign Envelope ID: D4A9C595-4B1E-8E3A-811A-2689796C4AAE XCU 050 0811 © 2011 X.L. America, Inc. All Rights Reserved.
May not be copied without permission.
Includes copyrighted material of Insurance Services Offices, Inc., with its permission. (C) Bodily injury means injury to the human body, illness, sickness or disease sustained by a person, including mental anguish, mental injury or death resulting from any of these at any time. (D) By-product material has the meaning given it in the Atomic Energy Act of 1954 or any law amendatory thereof.
(E) Claim means an express demand for damages, including a suit, resulting from an occurrence covered by this policy.
(F) Disaster event means an occurrence that, in the good faith and reasonable opinion of a key executive, has resulted in or is likely to result in all of the following: (1) a claim for damages that is likely to exceed the retained limit; (2) significant media coverage; and (3) a need for a disaster response advisor. (G) Disaster response advisor means a public relations firm or crisis management firm that is hired by the insured to perform disaster response advisory servicesin connection with a disaster event. (H) Disaster response advisory services are those services performed by a disaster response advisor in advising the insured on minimizing potential harmfrom a covered disaster eventby maintaining or restoring public confidence in the insured.
(I) Disaster response expensesare those amounts paid for the reasonable and necessary fees and expenses incurred by the insured or their disaster response advisorand pre-approved by us, including but not limited to medical expenses, funeral expenses, psychological counseling expenses, travel expenses, temporary living expenses, printing and mailing expenses and expenses to secure the scene of a disaster event. (J) Electronic data means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software, including systems and applications software, hard or floppy disks, CD-ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically-controlled equipment.
(K) Employee includes a leased worker. Employee does not include a temporary worker. (L) Employment practices means:
(1) Failure to hire any prospective employee or any applicant for employment. (2) Dismissal, discharge or termination of any employee. (3) Failure to promote or advance any employee.
(4) Employment-related practices, policies, acts, omissions or misrepresentations directed at a present, past, future or prospective employee, including but not limited to:
(a) Coercion, harassment, humiliation or discrimination. (b) Demotion, evaluation, reassignment, discipline, or retaliation. (c) Libel, slander, humiliation, defamation, or invasion of privacy. (d) Violation of civil rights.
(M) First named insured means the insured first identified in Declarations Item 1. (N) Hazardous properties include, but are not limited to, radioactive, toxic or explosive properties.
Docusign Envelope ID: D4A9C595-4B1E-8E3A-811A-2689796C4AAE XCU 050 0811 © 2011 X.L. America, Inc. All Rights Reserved.
May not be copied without permission.
Includes copyrighted material of Insurance Services Offices, Inc., with its permission. (O) Hostile fire means a fire that becomes uncontrollable or breaks out from where it was intended to be. (P) 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. (Q) Injury or damage, as used in the Nuclear Energy Liability Exclusion of this policy, includes all forms of radioactive contamination of property.
(R) Insured means any person or organization qualifying as such under Section II. Who is An Insured of this policy.
(S) 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 isnot an insured contract. (2) A sidetrack agreement.
(3) An easement or license agreement, except in connection with construction or demolition operations on or within fifty (50) feet of a railroad.
(4) An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality.
(5) An elevator maintenance agreement.
(6) That part of any contract or agreement entered into, as part of your business, pertaining to the rental or lease, by you or your employees, of any auto. However, such contract or agreement shall not be considered an insured contract to the extent it obligates you or any of your employees to pay for property damage to any auto rented or leased by you or any of your employees. (7) That part of any other contract or agreement pertaining to your business (including the indemnification of a municipality in connection with work performed for such municipality) under which you assume the tort liability of another party to pay for bodily injury or property damage to a third person or organization. “Tort liability” means a liability that would be imposed by law in the absence of any contract or agreement.
Docusign Envelope ID: D4A9C595-4B1E-8E3A-811A-2689796C4AAE XCU 050 0811 © 2011 X.L. America, Inc. All Rights Reserved.
May not be copied without permission.
Includes copyrighted material of Insurance Services Offices, Inc., with its permission.
Subparagraphs (6) and (7) above do not include that part of any contract or agreement:
(a) That pertains to the loan, lease, or rental of an auto to the insured or any of its employees, if the auto is loaned, leased or rented with a driver.
(b) That holds harmless a person or organization that is engaged in the business of transporting property by auto for hire in connection with the insured’s use of an auto, covered by the scheduled underlying insurance, over a route or territory that person or organization is authorized to serve by public authority.
(c) That indemnifies a railroad for bodily injury or property damage arising out of construction or demolition operations within fifty (50) feet of any railroad property and affecting any railroad bridge or trestle, tracks, road-beds, tunnel, underpass or crossing. (d) That indemnifies an architect, engineer or surveyor in connection with preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or giving or failing to give directions or instructions. (e) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including supervisory, inspection, architectural or engineering activities. (T) Key executive means the insured’s Chief Executive Officer, Chief Operating Officer, Chief Financial Officer, President, General Counsel, general partner or sole proprietor. (U) Leased worker means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm, to perform duties related to the conduct of your business. Leased worker does not include a temporary worker.
(V) Loss means those sums you become legally obligated to pay as settlements or judgments in connection with a covered claim. Loss shall include expenses incurred to investigate a claim or defend a suit if so provided in the scheduled underlying insurance.
(W) Mobile equipment means any of the following types of land vehicles, including any machinery or equipment attached thereto that are not subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where such vehicle is licensed or principally garaged, including:
(1) Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads. (2) Vehicles maintained for use solely on or next to premises the insured owns or rents. (3) Vehicles that travel on crawler treads.
(4) Vehicles, whether self-propelled or not, maintained primarily to provide mobility to permanently mounted power cranes, shovels, loaders, diggers or drills; or road construction or resurfacing equipment such as graders, scrapers or rollers.
(5) Vehicles not described in Subparagraphs (1) through (4) above that are not self-propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types:
(a) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment; or (b) Cherry pickers and similar devices used to raise or lower workers.
Docusign Envelope ID: D4A9C595-4B1E-8E3A-811A-2689796C4AAE XCU 050 0811 © 2011 X.L. America, Inc. All Rights Reserved.
May not be copied without permission.
Includes copyrighted material of Insurance Services Offices, Inc., with its permission. (6) Vehicles not described in Subparagraphs (1) through (4) above that are maintained primarily for purposes other than the transportation of persons or cargo. (7) Self–propelled vehicles with the following types of permanently attached equipment are not mobile equipment, but will be considered autos:
(a) Equipment designed primarily for snow removal, road maintenance (other than construction or resurfacing) or street cleaning.
(b) Cherry pickers and similar devices mounted on auto or truck chassis and used to raise or lower workers.
(c) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment. (X) Named insured means the person or entity identified in Declarations Item 1. (Y) Nuclear facility means:
(1) A nuclear reactor.
(2) Equipment or devices designed or used for (a) separating the isotopes of uranium or plutonium; (b) processing or utilizing spent fuel; or (c) handling, processing or packaging waste. (3) Equipment or devices used for the processing, fabricating or alloying of special nuclear material if at any time the total amount of such material in the insured's custody at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof, or more than 250 grams of uranium 235. (4) Any structure, basin, excavation, premises or place prepared or used for storage or disposal of waste;
and includes the site on which any of the foregoing is located, all operations conducted on such site and all premises used for such operations.
(Z) Nuclear material means source material, special nuclear material or by-product material. (AA) Nuclear reactor means any apparatus designed or used to sustain nuclear fission in a self-supporting chain reaction or to contain a critical mass of fissionable material. (BB) Occurrence means:
(1) With respect to bodily injury or property damage, an accident including continuous or repeated exposure to substantially the same general harmful conditions. All exposure to substantially the same general harmful conditions will be deemed to arise out of one occurrence. (2) With respect to personal and advertising injury, an offense, that results in personal and advertising injury. All damages that arise from the same, related or repeated injurious material or offense will be deemed to arise out of one occurrence, regardless of the frequency or repetition thereof, the number and kind of media used, or the number of claimants.
Docusign Envelope ID: D4A9C595-4B1E-8E3A-811A-2689796C4AAE XCU 050 0811 © 2011 X.L. America, Inc. All Rights Reserved.
May not be copied without permission.
Includes copyrighted material of Insurance Services Offices, Inc., with its permission. (CC) Other insurance means a policy of insurance providing coverage for damages to which this insurance also applies. Other insurance also means any retention in an insurance policy other than this policy whereby a party other than an insurer is responsible for all or part of any sums payable. Other insurance does not include:
(1) Scheduled underlying insurance;
(2) The self-insured retention; or
(3) Any policy of insurance specifically purchased to be excess of this policy and providing coverage also afforded by this policy.
(DD) Personal and advertising injury means injury including consequential bodily injury, arising out of one or more of the following offenses:
(1) False arrest, detention or imprisonment.
(2) Malicious prosecution.
(3) The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room, dwelling or premises that a person occupies committed by or on behalf of its owner, landlord or lessor.
(4) Oral or written publication, in any manner, of material that slanders or libels a person or organization, or disparages a person's or organization's goods, products or services. (5) Oral or written publication, in any manner, of material that violates a person's right of privacy. (6) The use of another's advertising idea in the insured’s advertisement. (7) Infringing upon another's copyright, trade dress or slogan in the insured’s advertisement. (EE) Policy period means the period of time from the inception date shown in Declarations Item 2 to the earlier of the expiration date shown in Declarations Item 2 or the date this policy terminates. (FF) Pollutants means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. For purposes of this definition waste shall include materials to be recycled, reconditioned or reclaimed.
(GG) Products-completed operations hazard means all bodily injury and property damage occurring away from premises the insured owns or rents and arising out of your product or your work, except products that are still in the insured’s physical possession, or work that has not yet been completed or abandoned.
However, your work will be deemed complete at the earliest of the following times:
(1) When all of the work called for in the insured’s contract has been completed. (2) When all of the work to be done at the job site has been completed if the contract calls for work at more than one job site.
(3) When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project.
Work that may need service, maintenance, correction, repair or replacement but which is otherwise complete will be deemed to be completed.
Docusign Envelope ID: D4A9C595-4B1E-8E3A-811A-2689796C4AAE XCU 050 0811 © 2011 X.L. America, Inc. All Rights Reserved.
May not be copied without permission.
Includes copyrighted material of Insurance Services Offices, Inc., with its permission.
Products-completed operations hazard does not include bodily injury or property damage arising out of the transportation of property, unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by the insured and that condition was created by the loading or unloading of that vehicle by any insured; or the existence of tools, uninstalled equipment or abandoned or unused materials. (HH) Property damage means physical injury to tangible property, including all resulting loss of use of that property, and loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the physical injury that caused it. For purposes of this insurance, electronic data is not tangible property.
(II) Retained limit means, for Insuring Agreement A, the total applicable limits of the scheduled underlying insurance shown in Declarations Item 5 or the actual limits of such scheduled underlying insurance, whichever is greater; and, for Insuring Agreement B, the self-insured retention. (JJ) Scheduled underlying insurance means:
(1) The policy or policies of insurance shown in the Schedule of Underlying Insurance forming a part of this policy; and
(2) Any renewal or replacement of any policy identified in Subparagraph (1) above.
Scheduled underlying insurance does not include a policy of insurance specifically purchased to be excess of this policy.
(KK) Self-insured retention means the dollar amount set forth in Declarations Item 4 that the insured must pay before we are responsible to make payment under Insuring Agreement B. The self-insured retention does not apply to occurrences that would have been covered by the scheduled underlying insurance but for the exhaustion of the applicable limits by the payment of loss. (LL) Source material has the meaning given it in the Atomic Energy Act of 1954 or any law amendatory thereof. (MM) Special nuclear material has the meaning given it in the Atomic Energy Act of 1954 or any law amendatory thereof.
(NN) Spent fuel means any fuel element or fuel component, solid or liquid, which has been used or exposed to radiation in a nuclear reactor.
(OO) Suit means a civil proceeding in which damages because of bodily injury, property damage, or personal and advertising injury to which this policy applies are alleged, including:
(1) An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent.
(2) Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent.
Suit does not include any injunction or order from a governmental agency or body requesting action from any insured.
(PP) Temporary worker means a person who is furnished to you to substitute for a permanent employee on leave or to meet seasonal or short-term workload conditions.
Docusign Envelope ID: D4A9C595-4B1E-8E3A-811A-2689796C4AAE XCU 050 0811 © 2011 X.L. America, Inc. All Rights Reserved.
May not be copied without permission.
Includes copyrighted material of Insurance Services Offices, Inc., with its permission. (QQ) Volunteer worker means a person who is not your employee and who donates his or her work and acts at the direction of and within the scope of duties determined by you, and is not paid a fee, salary or other compensation by you or anyone else for their work performed for you. (RR) Waste, as used in the Nuclear Energy Liability Exclusion of this policy, means any waste material (i) containing by-product material other than the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its source material content, and (ii) resulting from the operation by any person or organization of a nuclear facility included under the first two paragraphs of the definition of nuclear facility.
(SS) Your product means:
(1) Any goods or products, other than real property, that are manufactured, sold, handled, distributed or disposed of by:
(a) You;
(b) Others trading under your name; or
(c) A person or organization whose business or assets you have acquired; and (2) Containers (other than vehicles), materials, parts or equipment furnished in connection with such goods or products.
Your product includes:
(1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of your product; and
(2) The providing of or failure to provide warnings or instructions.
Your product does not include vending machines or other property rented to or located for the use of others but not sold.
(TT) Your work means
(1) Work or operations performed by you or on your behalf; and (2) Materials, parts or equipment furnished in connection with such work or operations.
Your work includes:
(1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of your work; and
(2) The providing of or failure to provide warnings or instructions.
VII. CONDITIONS
(A) Actions Against Us
No person or organization shall have a right under this policy:
(1) To bring suit against us in connection with this policy unless, as a condition precedent thereto, all policy terms and conditions have been fully complied with and the amount of an insured’s obligation to pay shall have been finally determined, either by judgment or written agreement between the insured, the claimant or claimant’s representative, and us.
Docusign Envelope ID: D4A9C595-4B1E-8E3A-811A-2689796C4AAE XCU 050 0811 © 2011 X.L. America, Inc. All Rights Reserved.
May not be copied without permission.
Includes copyrighted material of Insurance Services Offices, Inc., with its permission. (2) To join us as a party to any action against an insured to determine the insured’s liability.
This insurance does not give anyone the right to add us as a party in an action against the insured to determine the insured’s liability.
(B) Appeals
We have the right, but not the duty, to appeal any judgment in excess of the scheduled underlying insurance and the liability limits of other insurance, even if the insured or the insurers providing the scheduled underlying insurance or other insurance do not appeal such a judgment. If we exercise this right, we shall pay, in addition to the policy’s applicable Limits of Insurance, all costs, taxes, expenses incurred and interest on judgments incidental to such an appeal. (C) Assignment
Your rights and duties under this policy may not be transferred or assigned 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 dutiesas your legal representative. However, notice of cancellation sent to the first named insured designated in Declarations Item 1 and mailed to the address shown on the Declarations will be sufficient notice to effect cancellation of this policy. (D) Audit
We may audit and examine your books and records as they relate to this policy at any time during the policy period, and for up to three (3) years after policy expiration or termination. (E) Authorization and Notices
The first named insured will act on behalf of all insureds with respect to the giving or receiving of any notices under this policy, payment or return of premiums, and receiving and accepting policy endorsements.
The first named insured also shall be responsible for notifying us and all insureds of any changes that might affect the insurance provided by this policy.
(F) Bankruptcy or Insolvency
The insured’s bankruptcy, insolvency, receivership, or inability to pay, or the bankruptcy, rehabilitation, liquidation, insolvency, receivership, or inability to pay, of any insurers providing the scheduled underlying insurance or other insurance will not relieve us from the payment of loss covered by this policy. Under no circumstances will such bankruptcy, rehabilitation, liquidation, insolvency, receivership, or inability to pay require us to drop down, replace, or assume any obligation under the scheduled underlying insurance and this insurance will apply as if all the limits of any scheduled underlying insurance are fully available and collectible.
(G) Cancellation and Non-Renewal
(1) The first named insured may cancel this policy by mailing or delivering advance written notice to us stating when the cancellation is to take effect.
(2) We may cancel this policy by mailing or delivering to the first named insured written notice of cancellation at least ten (10) days before the effective date of cancellation for non-payment of premium, or ninety (90) days before the effective date of a cancellation for any other reason. (3) We will mail or deliver notice to the first named insured’s last mailing address known to us.
Docusign Envelope ID: D4A9C595-4B1E-8E3A-811A-2689796C4AAE XCU 050 0811 © 2011 X.L. America, Inc. All Rights Reserved.
May not be copied without permission.
Includes copyrighted material of Insurance Services Offices, Inc., with its permission. (4) Notice of cancellation will state the effective date of cancellation. The policy period will end on the day and hour stated in the cancellation notice.
(5) If this policy is cancelled we will send to the first named insured any premium refund due as follows:
(a) If we cancel, final premium will be calculated pro rata based on the time this policy was in force. Final premium will not be less than the pro rata share of the Minimum Premium shown in Declarations Item 6.
(b) If the first named insured cancels, final premium will be based on the time this policy was in force. T he return premium will be calculated at ninety percent (90%) of the pro rata unearned premium. Final premium will not be lessthan the short rate share of the Minimum Premium shown in Declarations Item 6.
(6) Premium adjustment may be made at the time of cancellation or as soon as practicable thereafter, but the cancellation will be effective even if we have not made or offered any refund of unearned premium. We or our representative’s check, mailed or delivered, shall be sufficient tender of any refund due.
(7) If we decide not to renew this policy, we will mail or deliver to the first named insuredwritten notice of the non-renewal not less than thirty (30) days before the expiration date. (8) If notice is mailed, proof of mailing will be sufficient proof of notice under this condition. (9) Any of these provisions that conflict with a law that controls the cancellation or non-renewal of this policy are hereby changed to comply with that law.
(H) Changes
Notice to any agent or knowledge possessed by any agent of ours, or any other person, will not affect a waiver or change in any part of this policy. This policy can be changed only by a written endorsement issued by us or our authorized representative and made part hereof. (I) Duties in the Event of an Occurrence, Claim or Suit (1) You must see to it that we are notified as soon as practicable of an occurrence that is likely to involve this policy. To the extent possible, notice should include:
(a) How, when and where the occurrence took place.
(b) The names and addresses of any injured persons and any witnesses. (c) The nature and location of any injury or damage arising out of the occurrence. (2) If a claim is made against any insured that is reasonably likely to involve this policy, you must notify us in writing as soon as practicable. You and any other involved insured must:
(a) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the claim.
(b) Authorize us to obtain records and other information. (c) Cooperate with us in the investigation, settlement or defense of the claim.
Docusign Envelope ID: D4A9C595-4B1E-8E3A-811A-2689796C4AAE XCU 050 0811 © 2011 X.L. America, Inc. All Rights Reserved.
May not be copied without permission.
Includes copyrighted material of Insurance Services Offices, Inc., with its permission. (d) Assist us in the enforcement of any right against any person or organization that may be liable to the insured because of injury or damage to which this insurance may also apply. (e) Written notice should be mailed to the following address:
XL Group
PO Box 614002
Orlando, FL 32861-4002
Email:
[email protected]
(3) No insured will, except at their own cost, voluntarily make a payment, assume any obligation or incur any expense, other than for first aid, without our expressed consent. (J) Headings
The descriptions in the headings and sub-headings of this policy are solely for convenience, and form no part of the terms and conditions of coverage.
(K) Inspection
We or our duly authorized agent have the right, but not the duty, to:
(1) Make inspections and surveys of the insured’s premises and operations at any time. (2) Recommend changes.
(3) Conduct loss control and prevention activity.
Such inspections, surveys, reports, or recommendations are for our benefit and relate to insurability of the risk and the premium to be charged for this policy, and do not constitute a representation or warranty that the insured’s premises, operations or conditions are safe or healthy, or comply with applicable laws, regulations or codes.
(L) Maintenance of Underlying Insurance
During the policy period you agree:
(1) To keep scheduled underlying insurance in full force and effect. (2) That the terms, definitions, conditions and exclusions of scheduled underlying insurance will not materially change.
(3) That the policy limits for the scheduled underlying insurance shall not decrease, except for any reduction or exhaustion of aggregate limits by payment of loss. (4) That the coverage of any renewals or replacements of scheduled underlying insurance will be no less broad than, and carry limits of insurance equal to or greater than, the policy being renewed or replaced.
If you fail to co mply with these requirements, we will be liable only to the same extent that we would have been if you fully complied with these requirements.
Docusign Envelope ID: D4A9C595-4B1E-8E3A-811A-2689796C4AAE XCU 050 0811 © 2011 X.L. America, Inc. All Rights Reserved.
May not be copied without permission.
Includes copyrighted material of Insurance Services Offices, Inc., with its permission. (M) Other Insurance
If other insurance applies to damages covered by this policy, this policy will apply excess of such other insurance. However, this provision will not apply:
(1) If the other insurance is written to be excess of this policy. (2) With respect to Insuring Agreement A only, if you have agreed in a written contract with another person or organization that this policy shall be primary and non-contributory with such other person or entity’s coverage, but only with respect to damages arising out of insured operations or work on your behalf performed under such written contract. When this Paragraph (2) applies, the coverage available to the other person or organization will be the lesser of the policy’s Limits of Insurance or the minimum limits required by such written contract. In that case, other insurance of that person or organization will apply as excess and not contribute prior to the insurance afforded by this policy. (3) Nothing in this Condition (M) shall make this policy subject to the terms, conditions and limitations of such other insurance.
(N) Premium
(1) The first named insured shall be responsible for payment of all premiums when due. (2) The premium for this policy shall be computed on the basis set forth in Declarations Item 6. At the beginning of the policy period, the first named insured must pay us the Premium shown in Declarations Item 6.
(3) When this policy expires or 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 original premium paid, you will promptly pay us the difference. If the earned premium is less than the original premium paid, we will return the difference to you. But in any event, we shall retain the Minimum Premium as shown in Declarations Item 6 for each twelve (12) months of the policy period. (O) Separation of Insureds
Except with respect to the Limits of Insurance of this policy and rights or duties specifically assigned to you, this insurance applies as if each insured were the only insured, and separately to each insured against whom claim is made or suit is brought.
(P) Transfer of Rights of Recovery
(1) If any insured has the right to recover all or part of any payment we have made under this policy, those rights are transferred to us. You must do nothing after loss to impair these rights and must help us enforce them. 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 also will waive any rights it may have against such person or organization.
(2) Any recoveries shall be applied as follows:
(a) Any person or organization, including you, that has paid an amount in excess of the applicable Limits of Insurance of this policy will be reimbursed first.
Docusign Envelope ID: D4A9C595-4B1E-8E3A-811A-2689796C4AAE XCU 050 0811 © 2011 X.L. America, Inc. All Rights Reserved.
May not be copied without permission.
Includes copyrighted material of Insurance Services Offices, Inc., with its permission. (b) We will then be reimbursed up to the amount we have paid. (c) Lastly, any person or organization, including you, 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 you, in the ratio of their respective recoveries as finally determined. (Q) Unintentional Failure to Disclose
Your failure to disclose all hazards existing as of the inception date of this policy will not prejudice you with respect to the coverage afforded by this policy, provided that any such failure or omission is not intentional.
Docusign Envelope ID: D4A9C595-4B1E-8E3A-811A-2689796C4AAE XCU 301 0811 © 2011 X.L. America, Inc. All Rights Reserved.
May not be copied without permission.
ENDORSEMENT #001
This endorsement, effective 12:01 a.m., February 15, 2026, forms a part of Policy No. UEC003993113 issued to HAZMAT TSDF, INC.
by XL Specialty Insurance Company.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
SCHEDULE OF FORMS AND ENDORSEMENTS
This endorsement modifies insurance provided under the following:
COMMERCIAL EXCESS FOLLOW FORM AND UMBRELLA LIABILITY POLICY Declarations Item 7 is completed to read as follows:
Endorsement
Number
Form Number Form Title
XCU 050 0811 Commercial Excess Follow Form and Umbrella Liability Policy
PN CW 01 0123 Fraud Notice
PN CW 05 0525 U.S. Treasury Department's Office Of Foreign Assets Control ("OFAC")
MCS-90 0525 Endorsement for Motor Carrier Policies of Insurance for Publis Liability Under Sections 29 and 30 of the Moter
Carrier Act of 1980
PN CA 02 0524 Important Information to Policyholders - California PN CW 02 0119 Privacy Policy
Endorsement No. 001 XCU 301 0811 Schedule Of Forms And Endorsements Endorsement No. 002 IL MP 9104 0124 XLS In Witness - XL Specialty Insurance Company Endorsement No. 003 XCU 300 0217 Schedule of Underlying Insurance Endorsement No. 004 XCU 723 0811 Radioactive Material Exclusion (Applicable to Insuring Agreements A & B)
Endorsement No. 005 XCU 738 0811 Superfund Exclusion (Applicable to Insuring Agreement B)
Endorsement No. 006 XCU 654 0811 Employers’ Liability Exclusion (Applicable to Insuring Agreement B)
Endorsement No. 007 XCU 750E 0811 Broad Form Professional Liability Exclusion (Applicable to Insuring Agreements A and B)
Endorsement No. 008 XCU 627 0811 Contractors Excluded Hazards Endorsement (Applicable to Insuring Agreement B)
Endorsement No. 009 XCU 668 0811 Foreign Liability Exclusion (Applicable to Insuring Agreements A & B)
Endorsement No. 010 XCU 680 0811 Lead Exclusion (Applicable to Insuring Agreements A & B)
Endorsement No. 011 XCU 600 0320 ABUSE OR MOLESTATION EXCLUSION (Applicable to Insuring Agreements A and B)
Endorsement No. 012 IXI 403 01 10 Additional Named Insured Endorsement Endorsement No. 013 XCU 900 0115 Exclusion Of Certified Acts Of Terrorism And Other Acts Docusign Envelope ID: D4A9C595-4B1E-8E3A-811A-2689796C4AAE XCU 301 0811 © 2011 X.L. America, Inc. All Rights Reserved.
May not be copied without permission.
Of Terrorism(Applicable To Insuring Agreements A And
B)
Endorsement No. 014 XCU 902 0811 Exclusion of Auto Terrorism (Applicable to Insuring Agreements A & B)
Endorsement No. 015 XCU 734 0811 Silica And Silica-Related Dust Exclusion (Applicable to Insuring Agreements A & B)
Endorsement No. 016 IXI 405 0910 Cancellation Notification to Others Endorsement Endorsement No. 017 XCU 100-CA 0811 California Changes - Cancellation and Non-Renewal Endorsement No. 018 XCU 455 0219 Vermont Excess Uninsured/Underinsured Motorists Coverage (Applicable to Insuring Agreements A and B)
Endorsement No. 021 XCU 649 0811 Electromagnetic Radiation Exclusion (Applicable to Insuring Agreements A & B)
Endorsement No. 022 XCU 652 0811 Employee Benefits Liability Exclusion (Applicable to Insuring Agreement B)
Endorsement No. 023 XCU 658 0811 Erroneous Delivery Exclusion (Applicable to Insuring Agreement B)
Endorsement No. 024 XCU 670 0811 Fungi Or Bacteria Liability Exclusion (Applicable to Insuring Agreements A & B)
Endorsement No. 025 XCU 751 0513 Pollution Exclusion with Exceptions for Auto Loading and Unloading and Upset or Collision Endorsement
(Applicable to Insuring Agreement A)
Endorsement No. 026 XCU 759 0513 Liquor Liability Exclusion Applicable to Insuring Agreement B
Endorsement No. 027 XCU 763 1213 Violation of Communication or Information Laws Exclusion (Applicable to Insuring Agreement A and B)
Endorsement No. 028 XCU 764 0320 Access or Disclosure of Confidential or Personally Identifiable Information and Data-Related Liability
Exclusion (Applicable to Insuring Agreements A and B)
Endorsement No. 029 XCU 452 0519 Amendment To Condition (I) Duties In The Event Of An Occurrence, Claim Or Suit (Applicable to Insuring
Agreements A and B)
Endorsement No. 030 XCU 803 0623 PFAS/ PFOA/ PFOS EXCLUSION (Applicable to Insuring Agreements A and B)
All other terms and conditions remain the same.
Docusign Envelope ID: D4A9C595-4B1E-8E3A-811A-2689796C4AAE IL MP 9104 0124 XLS
© 2024 X.L. America, Inc. All Rights Reserved. May not be copied without permission.
IN WITNESS
XL SPECIALTY INSURANCE COMPANY
REGULATORY OFFICE
505 EAGLEVIEW BOULEVARD, SUITE 100
DEPARTMENT: REGULATORY
EXTON, PA 19341-1120
PHONE: 800-688-1840
It is hereby agreed and understood that the following In Witness Clause supercedes any and all other In Witness clauses in this policy.
All other provisions remain unchanged.
IN WITNESS WHEREOF, the Company has caused this policy to be executed and attested, and, if required by state law, this policy shall not be valid unless countersigned by a duly authorized representative of the Company.
Lucy Pilko
President
Toni Ann Perkins
Secretary
Docusign Envelope ID: D4A9C595-4B1E-8E3A-811A-2689796C4AAE XCU 300 0217 © 2017 X.L. America, Inc. All Rights Reserved.
May not be copied without permission.
ENDORSEMENT #003
This endorsement, effective 12:01 a.m., February 15, 2026, forms a part of Policy No. UEC003993113 issued to HAZMAT TSDF, INC.
by XL Specialty Insurance Company.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
SCHEDULE OF UNDERLYING INSURANCE
This endorsement modifies insurance provided under the following:
COMMERCIAL EXCESS FOLLOW FORM AND UMBRELLA LIABILITY POLICY Declarations Item 5. is completed to read as follows:
Coverage: Commercial General Liability
Insurer Greenwich Insurance Company
Policy Number: GEC003992913
Policy Period: February 15, 2026 to February 15, 2027
$ 1,000,000 Each Occurrence
$ 2,000,000 General Aggregate
$ 2,000,000 Products/Completed Operations Aggregate
Coverage: Automobile Liability
Insurer XL Specialty Insurance Company
Policy Number: AEC003993013
Policy Period: February 15, 2026 to February 15, 2027
$ 1,000,000 Combined Single Limit
Coverage: Employers’ Liability
Insurer XL SPECIALTY INS. CO.
Policy Number: WEC300137908
Policy Period: October 28, 2025 to October 28, 2026
$ 1,000,000 Each Accident
$ 1,000,000 Each Employee
$ 1,000,000 Each Policy
Coverage: Automobile Liability
Insurer: XL SPECIALTY INS. CO.
Policy Number: AEC005853405
Policy Period: February 15, 2026 to February 15, 2027
$ 1,000,000 Combined Single Limit
All other terms and conditions remain the same.
Docusign Envelope ID: D4A9C595-4B1E-8E3A-811A-2689796C4AAE XCU 723 0811 © 2011 X.L. America, Inc. All Rights Reserved.
May not be copied without permission.
ENDORSEMENT #004
This endorsement, effective 12:01 a.m., February 15, 2026, forms a part of Policy No. UEC003993113 issued to HAZMAT TSDF, INC.
by XL Specialty Insurance Company.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
RADIOACTIVE MATERIAL EXCLUSION
(Applicable to Insuring Agreements A and B)
This endorsement modifies insurance provided under the following:
COMMERCIAL EXCESS FOLLOW FORM AND UMBRELLA LIABILITY POLICY The following is added to Section V. Exclusions, (A):
This insurance does not apply to:
Radioactive material, including, but not limited to, the selling, disposing or handling of any radioactive material or equipment by any insured.
All other terms and conditions remain the same.
Docusign Envelope ID: D4A9C595-4B1E-8E3A-811A-2689796C4AAE XCU 738 0811 © 2011 X.L. America, Inc. All Rights Reserved.
May not be copied without permission.
ENDORSEMENT #005
This endorsement, effective 12:01 a.m., February 15, 2026, forms a part of Policy No. UEC003993113 issued to HAZMAT TSDF, INC.
by XL Specialty Insurance Company.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
SUPERFUND EXCLUSION
(Applicable to Insuring Agreement B)
This endorsement modifies insurance provided under the following:
COMMERCIAL EXCESS FOLLOW FORM AND UMBRELLA LIABILITY POLICY The following is added to Section V. Exclusions, (C):
This insurance does not apply to:
The named insured’s transportation to any actual or proposed National Priority List site (Superfund sites).
This policy also does not provide coverage or defense for any claims arising out of work performed on any actual or proposed National Priorities List site (Superfund sites) other than those sites specifically scheduled onto this policy by endorsement.
All other terms and conditions remain the same.
Docusign Envelope ID: D4A9C595-4B1E-8E3A-811A-2689796C4AAE XCU 654 0811 © 2011 X.L. America, Inc. All Rights Reserved.
May not be copied without permission.
ENDORSEMENT #006
This endorsement, effective 12:01 a.m., February 15, 2026, forms a part of Policy No. UEC003993113 issued to HAZMAT TSDF, INC.
by XL Specialty Insurance Company.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
EMPLOYERS’ LIABILITY EXCLUSION
(Applicable to Insuring Agreement B)
This endorsement modifies insurance provided under the following:
COMMERCIAL EXCESS FOLLOW FORM AND UMBRELLA LIABILITY POLICY The following is added to Section V. Exclusions, (C):
This insurance does not apply to:
Bodily injury to any employee of the insured arising out of and in the course of his or her employment by the insured or performance of duties related to the conduct of the insured’s business.
All other terms and conditions remain the same.
Docusign Envelope ID: D4A9C595-4B1E-8E3A-811A-2689796C4AAE XCU 750e 0811 © 2011 X.L. America, Inc. All Rights Reserved.
May not be copied without permission.
ENDORSEMENT #007
This endorsement, effective 12:01 a.m., February 15, 2026, forms a part of Policy No. UEC003993113 issued to HAZMAT TSDF, INC.
by XL Specialty Insurance Company.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BROAD FORM PROFESSIONAL LIABILITY EXCLUSION
(Applicable to Insuring Agreements A and B)
This endorsement modifies insurance provided under the following:
COMMERCIAL EXCESS FOLLOW FORM AND UMBRELLA LIABILITY POLICY This insurance does not apply to:
Bodily injury, property damage or personal and advertising Injury arising from, attributable to, related to, or in any way connected with, in whole or in part, directly or indirectly, liability arising out of any error or omission, malpractice, or mistake of a professional act or service committed or alleged to have been committed by or on behalf of the insured in the conduct of any of the insured’s business activities.
For the purposes of this endorsement, the following definition is added to Section VI. Definitions:
Professional act or service means an act or service arising out of a vocation, calling, occupation, or employment involving specialized knowledge, labor, or skill wherein the labor or skill involved is predominantly mental or intellectual rather than physical or manual.
All other terms and conditions remain the same.
Docusign Envelope ID: D4A9C595-4B1E-8E3A-811A-2689796C4AAE XCU 627 0811 © 2011 X.L. America, Inc. All Rights Reserved.
May not be copied without permission.
ENDORSEMENT #008
This endorsement, effective 12:01 a.m., February 15, 2026, forms a part of Policy No. UEC003993113 issued to HAZMAT TSDF, INC.
by XL Specialty Insurance Company.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CONTRACTORS EXCLUDED HAZARDS ENDORSEMENT
(Applicable to Insuring Agreement B)
This endorsement modifies insurance provided under the following:
COMMERCIAL EXCESS FOLLOW FORM AND UMBRELLA LIABILITY POLICY The following is added to Section V. Exclusions, (C):
This insurance does not apply to:
(1) (a) property damage to any property or equipment leased by the insured; or (b) property damage to any property being installed, erected, or worked upon by the insured, his agents, or subcontractors; or
(c) any liability arising out of any project insured under a wrap-up or any similar rating plan, or any joint venture; or
(d) any liability arising out of any professional services performed by or on behalf of the insured including the preparation or approval of maps, plans, opinions, reports, surveys, designs, or specifications, and any supervisory, inspection, or engineering services. (2) Property damage arising out of:
(a) blasting or explosion other than the explosion or air of steam vessels, piping under pressure, prime movers, machinery, or power transmitting equipment; or
(b) the collapse of or structural injury to any building or structure due to (1) grading of land, excavating, burrowing, filling or back-filling, tunneling, pile driving, coffer-dam work, or caisson work, or (2) moving, shoring, underpinning, raising, or demolition of any building or structure, or removal or rebuilding of any structural support thereof; or
(c) injury to or destruction of wires, conduits, pipes, mains, sewers, tanks, tunnels, any similar property, and any apparatus in connection therewith, beneath the surface of the ground or water, caused by and occurring during the use of mechanical equipment for the purpose of grading land, paving, excavating, drilling, burrowing, filling, back-filling or pile driving.
All other terms and conditions remain the same.
Docusign Envelope ID: D4A9C595-4B1E-8E3A-811A-2689796C4AAE XCU 668 0811 © 2011 X.L. America, Inc. All Rights Reserved.
May not be copied without permission.
ENDORSEMENT #009
This endorsement, effective 12:01 a.m., February 15, 2026, forms a part of Policy No. UEC003993113 issued to HAZMAT TSDF, INC.
by XL Specialty Insurance Company.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
FOREIGN LIABILITY EXCLUSION
(Applicable to Insuring Agreements A and B)
This endorsement modifies insurance provided under the following:
COMMERCIAL EXCESS FOLLOW FORM AND UMBRELLA LIABILITY POLICY The following is added to Section V. Exclusions, (A):
This insurance does not apply to:
An occurrence happening outside the United States of America, its territories or possessions or Canada.
All other terms and conditions remain the same.
Docusign Envelope ID: D4A9C595-4B1E-8E3A-811A-2689796C4AAE XCU 680 0811 © 2011 X.L. America, Inc. All Rights Reserved.
May not be copied without permission.
ENDORSEMENT #010
This endorsement, effective 12:01 a.m., February 15, 2026, forms a part of Policy No. UEC003993113 issued to HAZMAT TSDF, INC.
by XL Specialty Insurance Company.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
LEAD EXCLUSION
(Applicable to Insuring Agreements A and B)
This endorsement modifies insurance provided under the following:
COMMERCIAL EXCESS FOLLOW FORM AND UMBRELLA LIABILITY POLICY The following is added to Section V. Exclusions, (A):
This insurance does not apply to:
(1) Bodily injury, property damage or personal and advertising injury arising out of lead, including but not limited to the ingestion, inhalation or absorption of lead in any form; (2) Any loss, cost or expense arising out of any request, demand or order 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 lead; or
(3) Any loss, cost or expense arising out of any claim or suit by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to or assessing the effects of lead.
All other terms and conditions remain the same.
Docusign Envelope ID: D4A9C595-4B1E-8E3A-811A-2689796C4AAE XCU 600 0320 © 2020 X.L. America, Inc. All Rights Reserved.
May not be copied without permission.
Includes copyrighted material of Insurance Services Office, Inc. with its permission.
ENDORSEMENT #011
This endorsement, effective 12:01 a.m., February 15, 2026, forms a part of Policy No. UEC003993113 issued to HAZMAT TSDF, INC.
by XL Specialty Insurance Company.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ABUSE OR MOLESTATION EXCLUSION
(Applicable to Insuring Agreements A and B)
This endorsement modifies insurance provided under the following:
COMMERCIAL EXCESS FOLLOW FORM AND UMBRELLA LIABILITY POLICY I. Section V. Exclusions, (A) is amended to include the following additional exclusion:
Abuse or Molestation
This insurance does not apply to any liability based upon, arising out of, resulting from, related to (whether directly or indirectly), in any way involving, or in any way associated with:
(a) Abuse or molestation; or
(b) Any actual or alleged:
(i) Employment, retention, management, training, or supervision; (ii) Investigation, report, direction, instruction, recommendation, representation, warning, or advice;
(iii) Violation of any federal, state, local, or foreign act, statute, regulation, ordinance, requirement, or law; or
(iv) Act, error, omission, or failureof any of (b)(i), (b)(ii), or (b)(iii) above, including but not limited to any failure to prevent or report or any act of retaliation, of, in any way involving, or in any way associated with any act, error, omission, or conduct that is excluded by (a) above.
II. Section VI. Definitions is amended to include the following additional definition:
Abuse or molestation means any actual, alleged, or threatened:
(1) Sexual, physical, emotional, or mental abuse, molestation, harassment, retaliation, intimidation, assault, battery, or misconduct;
(2) Sexual, physical, emotional, or mental victimization or exploitation; (3) Sexual, physical, emotional, or mental intimacy;
(4) Sexual or physical contact or touching of any part of the body, including but not limited to any sexual intercourse, kissing, or fondling;
Docusign Envelope ID: D4A9C595-4B1E-8E3A-811A-2689796C4AAE XCU 600 0320 © 2020 X.L. America, Inc. All Rights Reserved.
May not be copied without permission.
Includes copyrighted material of Insurance Services Office, Inc. with its permission. (5) Sexual, physical, emotional, or mental advance, solicitation, request, demand, coercion, or requirement; or
(6) Sexual, lewd, lascivious, licentious, pornographic, illegal, inappropriate, or offensive act, error, omission, or conduct, including but not limited to any language, image, photo, audio, video, recording, or other oral, verbal, visual, written, electronic, or digital statement, content, or data.
All other terms and conditions remain the same.
Docusign Envelope ID: D4A9C595-4B1E-8E3A-811A-2689796C4AAE IXI 403 01 10
ENDORSEMENT #012
This endorsement, effective 12:01 a.m., February 15, 2026, forms a part of Policy No. UEC003993113 issued to HAZMAT TSDF, INC.
by XL Specialty Insurance Company.
NAMED INSURED ENDORSEMENT
It is agreed that Item I. NAMED INSURED of the policy declarations page, is amended to include the following:
ENVIRONMENTAL LOGISTICS, INC.
FILTER RECYCLING SERVICES INC.
HAZMAT, INC.
VARIETY EMPLOYMENT, INC.
CONTAINER MANAGEMENT SERVICES, LLC
HAZMAT WEST, LLC
FINANCING AND RECEIVING SERVICES
MORGAN HAVEN, LLC
HAZMAT ENVIRONMENTAL SERVICES, INC. DBA: TRANS-ENVIRONMENTAL SERVICES, LLC
THE WATER QUALITY COMPANY
________________________________________________
(Authorized Representative)
Docusign Envelope ID: D4A9C595-4B1E-8E3A-811A-2689796C4AAE XCU 900 0115 © 2015 X.L. America, Inc. All Rights Reserved.
May not be copied without permission.
ENDORSEMENT #013
This endorsement, effective 12:01 a.m., February 15, 2026, forms a part of Policy No. UEC003993113 issued to HAZMAT TSDF, INC.
by XL Specialty Insurance Company.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
EXCLUSION OF CERTIFIED ACTS OF TERRORISM AND OTHER ACTS OF TERRORISM (Applicable to Insuring Agreements A and B)
This endorsement modifies insurance provided under the following:
COMMERCIAL EXCESS FOLLOW FORM AND UMBRELLA LIABILITY POLICY I. The following is added to Section V. Exclusions, (A):
This insurance does not apply to:
Any injury or damage arising, directly or indirectly, out of a certified act of terrorism, or out of any other act of terrorism. However, with respect to any other act of terrorism,this exclusion applies only when one or more of the following are attributed to such act of terrorism:
(a) The total of insured damage to all types of property exceeds $25 million (valued in US dollars). In determining whether the $25 million threshold is exceeded, we will include all insured damage sustained by property of all persons and entities affected by the terrorism and business interruption losses sustained by owners or occupants of the damaged property. For the purpose of thisprovision, insured damage means damage that is covered by any insurance plus damage that would be covered by any insurance but for the application of any terrorism exclusions; or (b) Fifty (50) or more persons sustain death or serious physical injury. For the purposes of this provision, serious physical injury means:
(i) Physical injury that involves a substantial risk of death; or (ii) Protracted and obvious physical disfigurement; or
(iii) Protracted loss of or impairment of the function of a bodilymember or organ; or (c) The terrorism involves the use, release or escape of nuclear materials, or directly or indirectly results in nuclear reaction or radiation or radioactive contamination; or (d) The terrorism is carried out by means of the dispersal or application of pathogenic or poisonous biological or chemical materials; or
(e) Pathogenic or poisonous biological or chemical materials are released, and it appears that one purpose of the terrorism was to release such materials.
With respect to this exclusion, Paragraphs (a) and (b) above describe the thresholds used to measure the magnitude of an incident of an other act of terrorism and the circumstances in which the threshold will apply for the purpose of determining whether this exclusion will apply to that incident.
Docusign Envelope ID: D4A9C595-4B1E-8E3A-811A-2689796C4AAE XCU 900 0115 © 2015 X.L. America, Inc. All Rights Reserved.
May not be copied without permission.
II. For the purposes of this endorsement, the following definitions are added to Section VI. Definitions:
(a) Any injury or damage means any injury or damage covered under any coverage part or underlying insurance to which this endorsement is applicable, and includes but is not limited to bodily injury, property damage, personal and advertising injury, injury or environmental damage as may be defined in any applicable coverage part or underlying insurance. (b) Certified act of terrorism means an act that is certified by the Secretary of the Treasury, in consultation with the Secretary of Homeland Security, and the Attorney General of the United States, to be an act of terrorism pursuant to the federal Terrorism Risk Insurance Act and any amendment thereto. The criteria contained in the federal Terrorism Risk Insurance Act for a certified act of terrorism include the following:
(i) The act resulted in insured losses in excess of $5 million in the aggregate, attributable to all types of insurance subject to the Terrorism Risk Insurance Act; (ii) The act is a violent act or an act that is dangerous to human life, property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence this policy or affect the conduct of the United States Government by coercion.
(c) Other act of terrorism means a violent act or an act that is dangerous to human life, property or infrastructure that is committed by an individual or individuals and that appears to be part of an effort to coerce a civilian population or to influence the policy or affect the conduct of any government by coercion, and the act is not a certified act of terrorism.
Multiple incidents of an other act of terrorism which occur within a seventy-two (72) hour period and appear to be carried out in concert or to have a related purpose or common leadership shall be considered to be one incident.
III. The terms and conditions of any terrorism exclusion, or the inapplicability or omission of a terrorism exclusion, do not serve to create coverage for injury or damage that is otherwise excluded under this Policy.
IV. This policy will not recognize the reduction or exhaustion of underlying limits of insurance by the payment of damages or expenses for the investigation or settlement of any claim or suit involving a certified act of terrorism or other act of terrorism subject to this exclusion.
All other terms and conditions remain the same.
Docusign Envelope ID: D4A9C595-4B1E-8E3A-811A-2689796C4AAE XCU 902 0811 © 2011 X.L. America, Inc. All Rights Reserved.
May not be copied without permission.
ENDORSEMENT #014
This endorsement, effective 12:01 a.m., February 15, 2026, forms a part of Policy No. UEC003993113 issued to HAZMAT TSDF, INC.
by XL Specialty Insurance Company.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
EXCLUSION OF AUTO TERRORISM
(Applicable to Insuring Agreements A and B)
This endorsement modifies insurance provided under the following:
COMMERCIAL EXCESS FOLLOW FORM AND UMBRELLA LIABILITY POLICY I. The following is added to Section V. Exclusions (A):
This insurance does not apply to:
Terrorism
The Company will not pay for any injury or damage caused directly or indirectly by terrorism, including action in hindering or defending against an actual or expected incident of terrorism. Any injury or damage is excluded regardless of any other cause or event that contributes concurrently or in any sequence to such injury or damage.
Multiple incidents of terrorism which occur within a seventy two (72) hour period and appear to be carried out in concert or to have a related purpose or common leadership will be deemed to be one incident.
In the event of any incident of terrorism that is not subject to this exclusion, coverage does not apply to any injury or damage that is otherwise excluded.
II. For the purposes of this endorsement, the following is added to Section VI. Definitions:
(A) Terrorism means activities against persons, organizations or property of any nature:
(1) That involve the following or preparation for the following:
(a) Use or threat of force or violence; or
(b) Commission or threat of a dangerous act; or
(c) Commission or threat of an act that interferes with or disrupts an electronic, communication, information, or mechanical system; and
Docusign Envelope ID: D4A9C595-4B1E-8E3A-811A-2689796C4AAE XCU 902 0811 © 2011 X.L. America, Inc. All Rights Reserved.
May not be copied without permission.
(2) When one or both of the following applies:
(a) The effect is to intimidate or coerce a government or the civilian population or any segment thereof, or to disrupt any segment of the economy; or (b) It appears that the intent is to intimidate or coerce a government, or to further political, ideological, religious, social or economic objectives or to express (or express opposition to) a philosophy or ideology.
(B) Any injury or damage as used in the terrorism exclusion of this endorsement means any injury or damage arising out of the ownership, maintenance or use of any auto that is covered by a policy of insurance shown in the scheduled underlying insurance.
All other terms and conditions remain the same.
Docusign Envelope ID: D4A9C595-4B1E-8E3A-811A-2689796C4AAE XCU 734 0811 © 2011 X.L. America, Inc. All Rights Reserved.
May not be copied without permission.
ENDORSEMENT #015
This endorsement, effective 12:01 a.m., February 15, 2026, forms a part of Policy No. UEC003993113 issued to HAZMAT TSDF, INC.
by XL Specialty Insurance Company.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
SILICA AND SILICA-RELATED DUST EXCLUSION
(Applicable to Insuring Agreements A and B)
This endorsement modifies insurance provided under the following:
COMMERCIAL EXCESS FOLLOW FORM AND UMBRELLA LIABILITY POLICY The following is added to Section V. Exclusions, (A):
This insurance does not apply to:
(1) The actual, alleged, threatened or suspected inhalation of, or ingestion of silica or silica-related dust. (2) The actual, alleged, threatened or suspected contact with, exposure to, existence of, or presence of silica or silica-related dust.
(3) Any loss, cost or expense arising, in whole or in part, out of the abating, testing for, monitoring, cleaning up, removing, containing, treating, detoxifying, neutralizing, remediating or disposing of, or in any way responding to or assessing the effects of silica or silica-related dust by any insured or by any other person or entity.
For the purposes of this endorsement, the following definitions are added to Section VI. Definitions:
Silica means silicon dioxide (occurring in crystalline, amorphous and impure forms), silica particles, silica dust or silica compounds.
Silica-related dust means a mixture or combination of silica and other dust or particles.
All other terms and conditions remain the same.
Docusign Envelope ID: D4A9C595-4B1E-8E3A-811A-2689796C4AAE IXI 405 0910
© 2010 X.L. America, Inc. All Rights Reserved.
May not be copied without permission.
ENDORSEMENT #016
This endorsement, effective 12:01 a.m., February 15, 2026, forms a part of Policy No. UEC003993113 issued to HAZMAT TSDF, INC.
by XL Specialty Insurance Company.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CANCELLATION NOTIFICATION TO OTHERS ENDORSEMENT
In the event coverage is cancelled for any statutorily permitted reason, other than nonpayment of premium, advanced written notice will be mailed or delivered to person(s) or entity(ies) according to the notification schedule shown below:
Name of Person(s) or Entity(ies) Mailing Address:
Number of Days
Advanced
Notice of
Cancellation:
Port of San Francisco Pier 1, The Embarcadero
San Francisco, CA 94111 30
All other terms and conditions of the Policy remain unchanged.
Docusign Envelope ID: D4A9C595-4B1E-8E3A-811A-2689796C4AAE XCU 100-CA 0811 © 2011 X.L. America, Inc. All Rights Reserved.
May not be copied without permission.
Includes copyrighted material of Insurance Services Offices, Inc., with its permission.
ENDORSEMENT #017
This endorsement, effective 12:01 a.m., February 15, 2026, forms a part of Policy No. UEC003993113 issued to HAZMAT TSDF, INC.
by XL Specialty Insurance Company.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CALIFORNIA CHANGES – CANCELLATION AND NON-RENEWAL
This endorsement modifies insurance provided under the following:
COMMERCIAL EXCESS FOLLOW FORM AND UMBRELLA LIABILITY POLICY Section VII. Conditions, (G) Cancellation and Non-Renewal is replaced with the following:
(G) Cancellation and Non-Renewal
(1) The first named insured may cancel this policy by mailing or delivering advance written notice to us stating when the cancellation is to take effect.
(2) All Policies in Effect For Sixty (60) Days Or Less
If this policy has been in effect for sixty (60) days or less, and is not a renewal of a policy we have previously issued, we may cancel this policy by mailing or delivering to the first named insured at the mailing address shown in the policy and to the producer of record, advance written notice of cancellation, stating the reason for cancellation:
(a) At least ten (10) days before the effective date of cancellation if we cancel for non-payment of premium, or
(b) Ninety (90) days before the effective date of a cancellation for any other reason. (3) All Policies In Effect For More Than Sixty (60) Days (a) If this policy has been in effect for more than sixty (60) days, or is a renewal of a policy we issued, we may cancel this only upon the occurrence, after the effective date of the policy, of one or more of the following:
(i) Non-payment of premium, including payment due on a prior policy we issued and due during the current policy term covering the same risks. (ii) Discovery of fraud or material misrepresentation by:
a. Any insured or his or her representative in obtaining this insurance; or b. You or your representative in pursuing a claim under this policy. (iii) A judgment by a court or an administrative tribunal that you have violated a California or Federal law, having as one of its necessary elements an act which materially increases any of the risks insured against.
(iv) Discovery of willful or grossly negligent acts or omissions, or of any violations of state laws or regulations establishing safety standards, by you or your representative, which materially increase any of the risks insured against.
Docusign Envelope ID: D4A9C595-4B1E-8E3A-811A-2689796C4AAE XCU 100-CA 0811 © 2011 X.L. America, Inc. All Rights Reserved.
May not be copied without permission.
Includes copyrighted material of Insurance Services Offices, Inc., with its permission. (v) Failure by you or your representative to implement reasonable loss control requirements, agreed to by you as a condition precedent to our use of a particular rate or rating plan, if that failure materially increases any of the risks insured against.
(vi) A determination by the Commissioner of Insurance that the:
a. Loss of, or changes in, our reinsurance covering all or part of the risk would threaten our financial integrity or solvency; or
b. Continuation of the policy coverage would:
1. Place us in violation of California law or the laws of the state where we are domiciled; or
2. Threaten our solvency.
(vii) A change by you or your representative in the activities or property of the commercial or industrial enterprise, which results in a materially added, increased or changed risk, unless the added, increased or changed risk is included in the policy.
(viii) A material change in limits, type or scope of coverage, or exclusions in one or more of the underlying policies.
(ix) Cancellation or non-renewal of one or more of the underlying policies where such policies are not replaced without lapse.
(x) A reduction in financial rating or grade of one or more insurers, insuring one or more underlying policies based on an evaluation obtained from a recognized financial rating organization.
(b) We will mail or deliver advance written notice of cancellation, stating the reason for cancellation, to the first named insured, at the mailing address shown in the policy, and to the producer of record, at least:
(i) Ten (10) days before the effective date of cancellation if we cancel for non- payment of premium; or
(ii) Ninety (90) days before the effective date of a cancellation for any other reason. (4) Notice of cancellation will state the effective date of cancellation. The policy period will end on the day and hour stated in the cancellation notice.
(5) If this policy is cancelled we will send to the first named insured any premium refund due as follows:
(a) If we cancel, final premium will be calculated pro rata based on the time this policy was in force. Final premium will not be less than the pro rata share of the Minimum Premium shown in Declarations Item 6.
(b) If the first named insured cancels, final premium will be based on the time this policy was in force. The return premium will be calculated ninety percent (90%) of the pro rata unearned premium. Final premium will not be less than the short rate share of the Minimum Premium shown in Declarations Item 6.
Docusign Envelope ID: D4A9C595-4B1E-8E3A-811A-2689796C4AAE XCU 100-CA 0811 © 2011 X.L. America, Inc. All Rights Reserved.
May not be copied without permission.
Includes copyrighted material of Insurance Services Offices, Inc., with its permission. (6) Premium adjustment may be made at the time of cancellation or as soon as practicable thereafter, but the cancellation will be effective even if we have not made or offered any refund of unearned premium. We or our representative’s check, mailed or delivered, shall be sufficient tender of any refund due.
(7) If we decide not to renew this policy, we will mail or deliver written notice stating the reason for non- renewal to the first named insured not less than thirty (30) days, but not more than one hundred twenty (120) days, before the expiration or anniversary date.
We will mail or deliver our notice to the first named insured, and to the producer of record, at the mailing address shown in the policy.
(8) If notice is mailed, proof of mailing will be sufficient proof of notice under this condition. (9) Any of these provisions that conflict with a law that controls the cancellation or non-renewal of this policy are hereby changed to comply with that law.
All other terms and conditions remain the same.
Docusign Envelope ID: D4A9C595-4B1E-8E3A-811A-2689796C4AAE XCU 455 0219 © 2019 X.L. America, Inc. All Rights Reserved.
May not be copied without permission.
Includes copyrighted material of Insurance Services Office, Inc. with its permission.
ENDORSEMENT #018
This endorsement, effective 12:01 a.m., February 15, 2026, forms a part of Policy No. UEC003993113 issued to HAZMAT TSDF, INC.
by XL Specialty Insurance Company.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
VERMONT EXCESS UNINSURED/UNDERINSURED MOTORISTS COVERAGE (Applicable to Insuring Agreements A and B)
This endorsement modifies insurance provided under the following:
For a covered auto licensed or principally garaged in Vermont, this endorsement modifies insurance provided under the following:
COMMERCIAL EXCESS FOLLOW FORM AND UMBRELLA LIABILITY POLICY
SCHEDULE
Limit Of Insurance: $ 100,000 Bodily Injury and Property Damage Combined Single Limit Uninsured/Underinsured Motorist Retained Limit: $ 1,000,000 I. For the purpose of the Excess Uninsured/Underinsured Motorists Coverage afforded by this endorsement, Section I. Insuring Agreements, (A) is amended to include the following additional provisions:
(A) Subject to the Limit of Insurance shown in the Schedule of this endorsement, we will pay those amounts the insured is legally entitled to recover as compensatory damages in excess of the uninsured/underinsured motorist retained limit, from the owner or driver of an uninsured motor vehicle. T he damages must result from bodily injury sustained by the insured or property damage caused by an accident. The owner's or driver's liability for these damages must result from the ownership, maintenance or use of the uninsured motor vehicle. (B) Any judgment for damages arising out of a suit brought without our written consent is not binding on us.
(C) With respect to damages resulting from such an accident with a vehicle described in Paragraph (b) of the definition of uninsured motor vehicle, we will pay only if Paragraph (1) or (2) below applies:
(1) The limit of any applicable liability bonds or policies have been exhausted by payment of judgments or settlements; or
(2) A tentative settlement has been made between an insured and the insurer of the vehicle described in Paragraph (b) of uninsured motor vehicle and we:
(i) Have been given prompt written notice of such tentative settlement; and (ii) Advance payment to the insured in an amount necessary to equal the tentative settlement within thirty (30) days after receipt of notification.
Docusign Envelope ID: D4A9C595-4B1E-8E3A-811A-2689796C4AAE XCU 455 0219 © 2019 X.L. America, Inc. All Rights Reserved.
May not be copied without permission.
Includes copyrighted material of Insurance Services Office, Inc. with its permission.
II. For the purpose of the Excess Uninsured/Underinsured Motorists Coverage afforded by this endorsement, Section II. Who Is An Insured, (A) is amended to include the following:
If the named insured is designated in the Declarations as:
(a) An individual, then only the following are insureds:
(i) The named insured and any family members.
(ii) Anyone else occupying a covered auto or a temporary substitute for a covered auto .
The covered auto must be out of service because of its breakdown, repair, servicing, loss or destruction.
(iii) Anyone for damages he or she is entitled to recover because of bodily injury sustained by another insured.
(b) A partnership, limited liability company, corporation or any other form of organization, then the following are insureds:
(i) Anyone occupying a covered auto or a temporary substitute for a covered auto. The covered auto must be out of service because of its breakdown, repair, servicing, loss or destruction.
(ii) Anyone for damages he or she is entitled to recover because of bodily injury sustained by another insured.
III. For the purpose of the Excess Uninsured/Underinsured Motorists Coverage afforded by this endorsement, Section IV. Limits of Insurance is amended to include the following additional provisions:
(1) Regardless of the number of covered autos, insureds, premiums paid, claims made or vehicles involved in the accident, the most we will pay for all damages resulting from any one accident in excess of the uninsured/underinsured motorist retained limit is the limit of Excess Uninsured/Underinsured Motorists Coverage shown in the Schedule of this endorsement. The limit of Excess Uninsured/Underinsured Motorists Coverage is not subject to the Each Occurrence Limit (Liability Coverage) shown in the Declarations.
(2) No one will be entitled to receive duplicate payments for the same elements of loss under this endorsement and any other part of this policy.
We will not make a duplicate payment under this coverage for any element of loss for which payment has been made by or for anyone who is legally responsible.
IV. For the purpose of the Excess Uninsured/Underinsured Motorists Coverage afforded by this endorsement, Section V. Exclusions, (A), Exclusion (5) is deleted in its entirety and replaced by the following:
(5) No-Fault Laws
This insurance does not apply to any obligation of the insured under any No-Fault law or any similar law.
Docusign Envelope ID: D4A9C595-4B1E-8E3A-811A-2689796C4AAE XCU 455 0219 © 2019 X.L. America, Inc. All Rights Reserved.
May not be copied without permission.
Includes copyrighted material of Insurance Services Office, Inc. with its permission.
V. For the purpose of the Excess Uninsured/Underinsured Motorists Coverage afforded by this endorsement, Section V. Exclusions, (A) is amended to include the following additional exclusions:
This insurance does not apply to:
(a) Any loss, cost, or expense payable under or resulting from any first party physical damage coverage; personal injury protection or auto medical payments coverage. (b) Any claim settled by the insured or any legal representative of the insured with the owner or driver of an uninsured motor vehicle without our prior written consent, if the settlement prejudices our right to recover payments. However, this exclusion does not apply to a settlement made with the insurer of a vehicle described in Paragraph (b) of the definition of uninsured motor vehicle in accordance with the procedure described in Paragraph I.(C)(2). (c) The direct or indirect benefit of any insurer or self-insurer under any workers' compensation, disability benefits or similar law.
(d) Anyone using a vehicle without a reasonable belief that the person is entitled to do so. (e) Punitive or exemplary damages.
(f) Bodily injury or property damage sustained by:
(i) An individual named insured while occupying or when struck by any vehicle owned by that named insured that is not a covered auto for Excess Uninsured/Underinsured Motorists Coverage under this endorsement;
(ii) Any family member while occupying or when struck by any vehicle owned by that family member that is not a covered autofor Excess Uninsured/Underinsured Motorists Coverage under this endorsement; or
(iii) Any family member while occupying or when struck by any vehicle owned by the named insured that is insured for Excess Uninsured/Underinsured Motorists Coverage under any other policy.
(g) Property damage to an auto or to property contained in an auto owned by the named insured which is not a covered auto.
(h) Property damage for which the insured has been or is entitled to be compensated by other property or physical damage insurance.
VI. For the purpose of the Excess Uninsured/Underinsured Motorists Coverage afforded by this endorsement, Section VI. Definitions is amended to include the following additional definitions:
(1) Covered auto means an auto to which scheduled underlying insurance applies. (2) Family member means a person related to an individual named insured by blood, marriage (including civil union if legally recognized) or adoption, who is a resident of such named insured's household, including a ward or foster child.
(3) Occupying and/or occupied means in, upon, getting in, on, out or off.
Docusign Envelope ID: D4A9C595-4B1E-8E3A-811A-2689796C4AAE XCU 455 0219 © 2019 X.L. America, Inc. All Rights Reserved.
May not be copied without permission.
Includes copyrighted material of Insurance Services Office, Inc. with its permission. (4) Uninsured motor vehicle means a land motor vehicle or trailer:
(a) For which no liability bond or policy applies at the time of an accident; (b) That is an underinsured motor vehicle. An underinsured motor vehicle is a land motor vehicle or trailer for which the sum of the limits of all liability bonds or policies at the time of an accident provides at least the amounts required by the applicable law where a covered auto is principally garaged but:
(i) That sum is less than the sum of the limits of all Uninsured/Underinsured Motorists Coverage applicable to the insured; or
(ii) The available liability insurance has been reduced by payments to others injured in the accident to an amount which is less than the limits of this coverage applicable to the insured.
(c) For which an insuring or bonding company denies coverage or is or becomes insolvent within one year of the date of the accident; or
(d) Which is a hit-and-run vehicle and neither the driver nor owner can be identified. The vehicle must:
(i) Hit an insured, a covered auto, a vehicle an insured is occupying or the property of an insured; or
(ii) Cause an accident resulting in bodily injury to an insured without hitting an insured, a covered auto or a vehicle an insured is occupying. We will only accept competent evidence which may include the testimony, under oath, of a person making a claim under this or any similar coverage.
However, uninsured motor vehicle does not include any vehicle:
(i) Owned or operated by a self-insurer under any applicable motor vehicle law, except a self- insurer who is or who becomes insolvent and cannot provide the amounts required by that motor vehicle law;
(ii) Owned by a governmental unit or agency while being used within the scope of permission of that governmental unit or agency; or
(iii) Designed for use mainly off public roads while not on public roads. (5) Uninsured/underinsured motorist retained limitis the limit that must be paid before we will make any payment under the terms of this endorsement and it must be equal to the total applicable auto liability limit(s) of scheduled underlying insurance.
VII. For the purpose of the Excess Uninsured/Underinsured Motorists Coverage afforded by this endorsement, Section VI. Definitions is amended to delete in its entirety definition (HH) and replace it with the following:
(HH) Property damage means injury or destruction of a covered auto or property contained in the covered auto.
Docusign Envelope ID: D4A9C595-4B1E-8E3A-811A-2689796C4AAE XCU 455 0219 © 2019 X.L. America, Inc. All Rights Reserved.
May not be copied without permission.
Includes copyrighted material of Insurance Services Office, Inc. with its permission.
VIII. For the purpose of the Excess Uninsured/Underinsured Motorists Coverage afforded by this endorsement, Section VII. Conditions is amended as follows:
(1) Condition (M) Other Insurance is deleted in its entirety and replaced by the following:
Other Insurance
Any insurance we provide under this endorsement will be excess to the limits of any other insurance paid or available for payment to an insured, except other applicable Uninsured/Underinsured Motorists Coverage written as excess or umbrella.
If there is other such applicable umbrella or excess uninsured/underinsured motorists insurance, we will pay only our share of the loss. Our share is the proportion that our Limit of Insurance bears to the total of all applicable limits of insurance for coverage written as umbrella or excess. (2) Condition (I) Duties in the Event of an Occurrence, Claim or Suit is amended to include the following additional provisions:
Specifically as respects to any occurrence which may result in an excess uninsured/underinsured motorists claim for coverage under this policy:
(a) A person seeking coverage must promptly notify the police if a hit-and-run driver is involved, and
(b) A person seeking coverage must promptly send us copies of the legal papers if a suit is brought.
(c) A person seeking coverage from an insurer, owner or operator of a vehicle described in Paragraph (b) of the definition of uninsured motor vehicle must also promptly notify us in writing of a tentative settlement between the insured and the insurer and allow us to advance payment to that insured in an amount necessary to equal the tentative settlement within thirty (30) days after receipt of notification to preserve our rights against the insurer, owner or operator of such vehicle.
(3) Condition (P) Transfer of Rights of Recovery is amended to include the following additional provisions:
If we make any payment and the insured recovers from another party, the insured shall hold the proceeds in trust for us and pay us back the amount we have paid.
We will be entitled to recovery only after the insured has been fully compensated for the loss or damage sustained.
If the insured settles with or recovers against any person, any reimbursement due to us under this section shall be reduced by deducting a fair portion of all reasonable expenses of recovery incurred in effecting the settlement or recovery. The expenses of recovery shall be apportioned between the parties as their interests appear at the time of the settlement or recovery.
Our rights do not apply under this provision with respect to damages caused by an accident with a vehicle described in Paragraph (b) of the definitionof uninsured motor vehicle if we:
(a) Have been given prompt written notice of a tentative settlement between an insured and the insurer of a vehicle described in Paragraph (b) of the definition of uninsured motor vehicle; and
(b) Fail to advance payment to the insured in an amount equal to the tentative settlement within thirty (30) days after receipt of notification.
Docusign Envelope ID: D4A9C595-4B1E-8E3A-811A-2689796C4AAE XCU 455 0219 © 2019 X.L. America, Inc. All Rights Reserved.
May not be copied without permission.
Includes copyrighted material of Insurance Services Office, Inc. with its permission.
If we advance payment to the insured in an amount necessary to equal the tentative settlement within thirty (30) days after receipt of notification:
(a) That payment will be separate from any amount the insured is entitled to recover under the provisions of Excess Uninsured/Underinsured Motorists Coverage; and (b) We also have a right to recover the advanced payment.
IX. For the purpose of the Excess Uninsured/Underinsured Motorists Coverage afforded by this endorsement, Section VII. Conditions is amended to include the following additional conditions:
(1) Arbitration
(a) If we and an insured disagree whether the insured is legally entitled to recover damages from the owner or driver of an uninsured motor vehicle or do not agree as to the amount of damages that are recoverable by that insured, then the matter may be arbitrated.
However, disputes concerning coverage under this endorsement may not be arbitrated.
Both parties must agree to arbitration. If so agreed, each party will select an arbitrator. The two arbitrators will select a third. If they cannot agree within thirty (30) days, either may request that selection be made by a judge of a court having jurisdiction. Each party will pay the expenses it incurs and bear the expenses of the third arbitrator equally. (b) Unless both parties agree otherwise, arbitration will take place in the county in which the insured lives. Local rules of law as to arbitration procedure and evidence will apply. A decision agreed to by two of the arbitrators will be binding.
However, this Arbitration Condition does not apply to the following state(s): Georgia, Louisiana, Maryland, Montana, Virginia or West Virginia.
(2) Conformance to Vermont Uninsured Motorist and/or Underinsured Motorist Law To the extent any term of this policy conflicts with any applicable Vermont Uninsured/Underinsured Motorists law, the term shall be deemed amended so as to conform to minimum requirements of the Vermont Uninsured/Underinsured Motorists law. However, under no such circumstance shall any term be amended to be broader than the minimum requirements of the Vermont Uninsured/Underinsured Motorists law.
All other terms, definitions, conditions and exclusions of this Policy remain unchanged.
Docusign Envelope ID: D4A9C595-4B1E-8E3A-811A-2689796C4AAE XCU 649 0811 © 2011 X.L. America, Inc. All Rights Reserved.
May not be copied without permission.
ENDORSEMENT #021
This endorsement, effective 12:01 a.m., February 15, 2026, forms a part of Policy No. UEC003993113 issued to HAZMAT TSDF, INC.
by XL Specialty Insurance Company.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ELECTROMAGNETIC RADIATION EXCLUSION
(Applicable to Insuring Agreements A and B)
This endorsement modifies insurance provided under the following:
COMMERCIAL EXCESS FOLLOW FORM AND UMBRELLA LIABILITY POLICY The following is added to Section V. Exclusions, (A):
This insurance does not apply to:
(1) Exposure to electromagnetic radiation;
(2) Economic loss, diminution of property, abatement costs, or any other loss, cost or expense including equitable relief, in any way or to any extent arising out of or involving electromagnetic radiation; or (3) Any fees, costs or expenses of any nature whatsoever in the investigation or defense of any claim or suit arising out of or involving electromagnetic radiation.
For the purposes of this endorsement, the following definitions are added to Section VI. Definitions:
Abatement costs mean any actual or potential damages, costs, fees or expenses, including the costs of inspection, removal, replacement or treatment.
Diminution of property means the diminishing or lessening in value of property.
Economic loss means any actual or potential damages, costs, fees, expenses or lost profits arising out of or involving the manufacture, utilization, or existence of a substance or product.
Electromagnetic radiation includes but is not limited to magnetic fields or any combination of magnetic fields, charges, currents, energy or forces generated or transmitted through or via the medium, methods and equipment designed to generate, produce, store, distribute or transport electromagnetic radiation.
Equitable relief means any actual or potential award, costs, fees, or expenses arising out of or involving complying with a court or administrative order, other than an award of damages, including but not limited to: specific performance, reformation of contracts, declaratory judgments, injunctions, temporary restraining orders, and other decrees and special orders.
All other terms and conditions remain the same.
Docusign Envelope ID: D4A9C595-4B1E-8E3A-811A-2689796C4AAE XCU 652 0811 © 2011 X.L. America, Inc. All Rights Reserved.
May not be copied without permission.
ENDORSEMENT #022
This endorsement, effective 12:01 a.m., February 15, 2026, forms a part of Policy No. UEC003993113 issued to HAZMAT TSDF, INC.
by XL Specialty Insurance Company.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
EMPLOYEE BENEFITS LIABILITY EXCLUSION
(Applicable to Insuring Agreement B)
This endorsement modifies insurance provided under the following:
COMMERCIAL EXCESS FOLLOW FORM AND UMBRELLA LIABILITY POLICY The following is added to Section V. Exclusions, (C):
This insurance does not apply to:
Bodily injury, property damage and personal and advertising injury arising out of:
(1) any violation of any of the responsibilities, obligations or duties imposed upon fiduciaries by ERISA or any similar law regarding workers’ compensation, unemployment insurance, Social Security or any government mandated disability benefits; or
(2) any act, error or omission committed by or on behalf of the insured solely in the performance of one or more of the following administrative duties or activities:
(a) giving counsel to employees with respect to a plan; (b) interpreting a plan;
(c) handling of records in connection with a plan;
(d) effecting enrollment, termination or cancellation of employees under a plan; or (e) any claim against an insured solely by reason of his, her or its status as an administrator, the plan or you as sponsor of the plan.
For the purposes of this endorsement, the following definitions are added to Section VI. Definitions:
Claim means a written demand upon the insured for compensatory damage or services and shall include the service of suit or institution of arbitration proceedings against the insured.
ERISA means the Employee Retirement Income Security Act of 1974 (including amendments related to the Consolidated Omnibus Budget Reconciliation Act of 1985), and including any amendment or revisions thereto, or any similar common or statutory law of the United States, Canada or any state or jurisdiction anywhere in the world to which a plan is subject.
Plan means any plan, fund or program established anywhere in the world, regardless of whether it is subject to regulation under Title 1 of ERISA or meets the requirements for qualification under Section 401 of the Internal Revenue Code of 1986, as amended and which is:
Docusign Envelope ID: D4A9C595-4B1E-8E3A-811A-2689796C4AAE XCU 652 0811 © 2011 X.L. America, Inc. All Rights Reserved.
May not be copied without permission.
(1) a welfare plan, as defined in ERISA or any similar law regarding workers’ compensation, unemployment insurance, Social Security or any government mandated disability benefits. (2) a pension plan as defined in ERISA or any similar law regarding workers’ compensation, unemployment insurance, Social Security or any government mandated disability benefits; or (3) a combination of (1) and (2), above.
All other terms and conditions remain the same.
Docusign Envelope ID: D4A9C595-4B1E-8E3A-811A-2689796C4AAE XCU 658 0811 © 2011 X.L. America, Inc. All Rights Reserved.
May not be copied without permission.
ENDORSEMENT #023
This endorsement, effective 12:01 a.m., February 15, 2026, forms a part of Policy No. UEC003993113 issued to HAZMAT TSDF, INC.
by XL Specialty Insurance Company.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ERRONEOUS DELIVERY EXCLUSION
(Applicable to Insuring Agreement B)
This endorsement modifies insurance provided under the following:
COMMERCIAL EXCESS FOLLOW FORM AND UMBRELLA LIABILITY POLICY The following is added to Section V. Exclusions, (C):
This insurance does not apply to:
Bodily injury, property damage and personal and advertising injury arising out of:
(1) The delivery of any product into a wrong receptacle or to a wrong address; or (2) The erroneous delivery of one product for another,
whether the claim, liability, damage, loss, cost or expense, occurs at the same time of such delivery or after such operations have been completed or abandoned at the site of the delivery.
All other terms and conditions remain the same.
Docusign Envelope ID: D4A9C595-4B1E-8E3A-811A-2689796C4AAE XCU 670 0811 © 2011 X.L. America, Inc. All Rights Reserved.
May not be copied without permission.
ENDORSEMENT #024
This endorsement, effective 12:01 a.m., February 15, 2026, forms a part of Policy No. UEC003993113 issued to HAZMAT TSDF, INC.
by XL Specialty Insurance Company.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
FUNGI OR BACTERIA LIABILITY EXCLUSION
(Applicable to Insuring Agreements A and B)
This endorsement modifies insurance provided under the following:
COMMERCIAL EXCESS FOLLOW FORM AND UMBRELLA LIABILITY POLICY The following is added to Section V. Exclusions, (A):
This insurance does not apply to:
(a) Any liability which would not have occurred, in whole or in part, but for the actual, alleged or threatened inhalation of, ingestion of, contact with, exposure to, existence of, or presence of, any fungi or bacteria on or within a building or structure, including its contents, regardless of whether any other cause, event, material or product contributed concurrently or in any sequence to such injury or damage. (b) Any loss, cost or expenses arising out of the abating, testing for, monitoring, clean up, removing, containing, treating, detoxifying, neutralizing, remediating or disposing of, or in any way responding to, or assessing the effects of fungi or bacteria, by any insured or by any other person or entity.
This exclusion does not apply to any fungi or bacteria that are, are on, or are contained in, a good or product intended for bodily consumption.
For the purposes of this endorsement, the following definition is added to Section VI. Definitions:
Fungi means any type or form of fungus, including mold or mildew and any mycotoxins, spores, scents or byproducts produced or released by fungi.
All other terms and conditions remain the same.
Docusign Envelope ID: D4A9C595-4B1E-8E3A-811A-2689796C4AAE XCU 751 0513 © 2013 X.L. America, Inc. All Rights Reserved.
May not be copied without permission.
ENDORSEMENT #025
This endorsement, effective 12:01 a.m., February 15, 2026, forms a part of Policy No. UEC003993113 issued to HAZMAT TSDF, INC.
by XL Specialty Insurance Company.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
POLLUTION EXCLUSION WITH EXCEPTIONS FOR AUTO LOADING AND UNLOADING
AND UPSET OR COLLISION ENDORSEMENT
(Applicable to Insuring Agreement A)
This endorsement modifies insurance provided under the following:
COMMERCIAL EXCESS FOLLOW FORM AND UMBRELLA LIABILITY POLICY Section V. Exclusions, Exclusion (B) (1) for Insuring Agreement (A) is deleted from the policy and replaced by the following:
This insurance does not apply to:
(1) Pollution
(a) The actual, alleged or threatened discharge, dispersal, seepage, migration, release, or escape of pollutants at any time;
(b) Any request, demand, order or statutory or regulatory 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
(c) Any claim or suit by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to or assessing the effects of pollutants.
However, Paragraph (1) Pollution of this exclusion will not apply to:
(a) Bodily injury;
(b) Property damage; or
(c) cost or expense arising out of:
(i) Any request, demand, or order; or
(ii) Any claim or suit by or on behalf of a governmental authority demanding that the 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,
caused by an accident and resulting from the ownership, maintenance or use of covered autos, except where such bodily injury, property damage, or such cost or expense arises out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of pollutants:
Docusign Envelope ID: D4A9C595-4B1E-8E3A-811A-2689796C4AAE XCU 751 0513 © 2013 X.L. America, Inc. All Rights Reserved.
May not be copied without permission.
(1) Before the pollutants or any property in which the pollutants are contained are moved from the place where they are accepted by the insured for movement into or onto the covered auto; or
(2) After the pollutants or any property in which the pollutants are contained are moved from the covered auto to the place where they are finally delivered, disposed of or abandoned by the insured.
Paragraphs (1) and (2) above do not apply to accidents that occur away from the premises owned by or rented to an insured with respect to pollutants not in or upon a covered auto if:
(a) The pollutants or any property in which the pollutants are contained are upset, overturned or damaged as a result of the maintenance or use of a covered auto; and
(b) The discharge, dispersal, seepage, migration, release or escape of the pollutants is caused directly by such upset, overturn or damage.
The extension of coverage provided by this endorsement shall not apply unless such coverage is available to the insured in all scheduled underlying insurance for the full Limits of Insurance of such scheduled underlying insurance. If scheduled underlying insurance does not apply for reasons other than exhaustion of applicable Limits of Insurance by payment of loss, then this extension of coverage under Insuring Agreement (A) will not apply.
All other terms and conditions remain the same.
Docusign Envelope ID: D4A9C595-4B1E-8E3A-811A-2689796C4AAE XCU 759 0513 © 2013 X.L. America, Inc. All Rights Reserved.
May not be copied without permission.
Includes copyrighted material of Insurance Services Office, Inc. with its permission.
ENDORSEMENT #026
This endorsement, effective 12:01 a.m., February 15, 2026, forms a part of Policy No. UEC003993113 issued to HAZMAT TSDF, INC.
by XL Specialty Insurance Company.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
LIQUOR LIABILITY EXCLUSION APPLICABLE TO INSURING AGREEMENT B This endorsement modifies insurance provided under the following:
COMMERCIAL EXCESS FOLLOW FORM AND UMBRELLA LIABILITY POLICY Section V. Exclusions, (C) (10) is deleted in its entirety and replaced by the following:
This insurance does not apply to:
(10) Liquor Liability
Bodily injury or property damage for which the insured may be held liable by reason of:
(a) Causing or contributing to the intoxication of any person; (b) The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol; or
(c) Any statute, ordinance or regulation relating to the sale, gift, distribution or use of alcoholic beverages.
In addition to (a), (b), and (c) above, this exclusion applies to any claims against any insured that allege negligence or other wrongdoing in:
1. The supervision, hiring, employment, training or monitoring of others by that insured; or
2. Providing or failing to provide transportation with respect to any person that may be under the influence of alcohol.
All other terms and conditions remain the same.
Docusign Envelope ID: D4A9C595-4B1E-8E3A-811A-2689796C4AAE XCU 763 1213 © 2013 X.L. America, Inc. All Rights Reserved.
May not be copied without permission.
Includes copyrighted material of Insurance Services Office, Inc. with its permission.
ENDORSEMENT #027
This endorsement, effective 12:01 a.m., February 15, 2026, forms a part of Policy No. UEC003993113 issued to HAZMAT TSDF, INC.
by XL Specialty Insurance Company.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
VIOLATION OF COMMUNICATION OR INFORMATION LAWS EXCLUSION (APPLICABLE TO INSURING AGREEMENTS A AND B)
This endorsement modifies insurance provided under the following:
COMMERCIAL EXCESS FOLLOW FORM AND UMBRELLA LIABILITY POLICY Section V. Exclusions (A) (9) Violation of Communication or Information Laws is deleted in its entirety and replaced by the following:
Any act that violates any statute, ordinance or regulation of any federal, state or local government, including any amendment thereto, that prohibits or limits the printing, dissemination, disposal, collecting, recording, sending, transmitting, communicating, or distribution of material or information.
All other terms and conditions remain the same.
Docusign Envelope ID: D4A9C595-4B1E-8E3A-811A-2689796C4AAE XCU 764 0320 © 2020 X.L. America, Inc. All Rights Reserved.
May not be copied without permission.
Includes copyrighted material of Insurance Services Office, Inc. with its permission.
ENDORSEMENT #028
This endorsement, effective 12:01 a.m., February 15, 2026, forms a part of Policy No. UEC003993113 issued to HAZMAT TSDF, INC.
by XL Specialty Insurance Company.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ACCESS OR DISCLOSURE OF CONFIDENTIAL OR PERSONALLY IDENTIFIABLE INFORMATION AND
DATA-RELATED LIABILITY EXCLUSION
(Applicable to Insuring Agreements A and B)
This endorsement modifies insurance provided under the following:
COMMERCIAL EXCESS FOLLOW FORM AND UMBRELLA LIABILITY POLICY I. Section V. Exclusions, (A) is amended to include the following additional exclusion:
Access or Disclosure of Confidential or Personally Identifiable Information and Data-Related Liability This insurance does not apply to:
(a) Any liability relating to or arising out of any unauthorized or improper access to, acquisition, collection, use or disclosure of, or failure to protect or secure any electronic data, personally identifiable information, confidential information, or any other type of non-public information, including but not limited to any patent, trade secret, processing method, customer list, or financial information;
(b) Any loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate or process electronic data;
(c) Any violation of any statute, regulation, common law, or any other law regulating or protecting access to, acquisition, collection, use or disclosure of, or failure to protect or secure electronic data, personally identifiable information, confidential information, or any other type of non-public information, including but not limited to any patent, trade secret, processing method, customer list, or financial information;
or
(d) Any notification costs, credit monitoring expenses, forensic expenses, public relations expenses or any similar or related costs or expenses arising from that which is described in paragraphs (a), (b) or (c) above.
II. For the purpose of this endorsement, Section VI. Definitions is amended to include the following additional definitions:
Payment card means any credit card, charge card, debit card, stored value card, prepaid card, electronic payment card, or any card that is issued to an authorized card user and that allows the user to obtain goods, services, money or anything else of value from a merchant or other provider.
Docusign Envelope ID: D4A9C595-4B1E-8E3A-811A-2689796C4AAE XCU 764 0320 © 2020 X.L. America, Inc. All Rights Reserved.
May not be copied without permission.
Includes copyrighted material of Insurance Services Office, Inc. with its permission.
Personally identifiable information means any information, whether printed, digital, or electronic, encrypted or unencrypted, that can be used to identify an individual, including but not limited to such information as name, social security number, address, birth date, physical characteristics, IP address, biometric data, mobile device identifier, geo-location data, telephone number, email address, user name, text message, email, call log, contacts or address book entry, financial information, payment card information, health or medical information, photos or videos or internet browsing history, or non-public personal information as defined by the Family Educational Rights and Protection Act, Individuals with Disabilities Act, or Gramm-Leach-Bliley Act; provided, however, personally identifiable information does not include information that is lawfully available to the general public.
III. For the purpose of this endorsement, Section VI. Definitions, (J) electronic data is deleted in its entirety and replaced by the following definition:
(J) Electronic data means information, facts or programs, whether printed, digital, or electronic, encrypted or unencrypted, stored as or on, created or used on, or transmitted to or from any system, network, or software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices or any other media which are used with electronically- controlled equipment or other electronic backup facilities, or data transmission or storage provided by means of the internet.
All other terms and conditions remain the same.
Docusign Envelope ID: D4A9C595-4B1E-8E3A-811A-2689796C4AAE XCU 452 0519 © 2019 X.L. America, Inc. All Rights Reserved.
May not be copied without permission.
Includes copyrighted material of Insurance Services Office, Inc. with its permission.
ENDORSEMENT #029
This endorsement, effective 12:01 a.m., February 15, 2026, forms a part of Policy No. UEC003993113 issued to HAZMAT TSDF, INC.
by XL Specialty Insurance Company.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
AMENDMENT TO CONDITION (I) DUTIES IN THE EVENT OF AN OCCURRENCE, CLAIM OR SUIT (Applicable to Insuring Agreements A and B)
This endorsement modifies insurance provided under the following:
Section VII. Conditions, (I) (2) (e) is deleted in its entirety and replaced by the following:
(e) Written notice should be mailed or emailed to the following address:
Mailed: AXA XL Claims
P.O. Box 211547
Dallas, TX 75211
Emailed: [email protected]
All other terms and conditions remain the same.
Docusign Envelope ID: D4A9C595-4B1E-8E3A-811A-2689796C4AAE XCU 803 0623 © 2023 X.L. America, Inc. All Rights Reserved.
May not be copied without permission.
Includes copyrighted material of Insurance Services Office, Inc. with its permission.
ENDORSEMENT #030
This endorsement, effective 12:01 a.m., February 15, 2026, forms a part of Policy No. UEC003993113 issued to HAZMAT TSDF, INC.
by XL Specialty Insurance Company.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
PFAS/ PFOA/ PFOS EXCLUSION
(Applicable to Insuring Agreements A and B)
This endorsement modifies insurance provided under the following:
COMMERCIAL EXCESS FOLLOW FORM AND UMBRELLA LIABILITY POLICY I. Section V. Exclusions, (A) is amended to include the following additional exclusion:
PFAS
This insurance does not apply to any liability based upon, arising out of, resulting from, or related to (whether directly or indirectly) any actual, alleged, threatened, or suspected:
(a) Design, development, manufacture, storage, processing, packaging, handling, testing, monitoring, distribution, sale, marketing, advertising, use, removal, abatement, containment, treatment, detoxification, neutralization, transportation, or disposal of, or any other activity in connection with or related to (whether directly or indirectly);
(b) Ingestion, absorption, inhalation, consumption, application, existence, or presence of, from, or related to (whether directly or indirectly), or contact with, or exposure to; or (c) Giving or providing, or failing to give or provide, any direction, supervision, instruction, recommendation, representation, warranty, warning, or advice in connection with or related to (whether directly or indirectly),
PFAS.
This exclusion applies regardless of whether: (1) any insured or any other person or entity designed, developed, manufactured, stored, processed, packaged, handled, tested, monitored, distributed, sold, marketed, advertised, used, removed, abated, contained, treated, detoxified, neutralized, transported, or disposed of, or engaged in any other activity in connection with or related to (whether directly or indirectly), PFAS; or (2) any actual, alleged, threatened, or suspected ingestion, absorption, inhalation, consumption, application, existence, or presence of, from, or related to (whether directly or indirectly), or contact with, or exposure to PFAS, concurrently or in any sequence, contributed to or caused any injury, damage, or loss.
II. For the purpose of this endorsement, Section VI. Def initions is amended to include the following additional definition:
PFAS means:
(1) Any per- or poly-fluoroalkyl or per- or poly-fluorinated substance, including but not limited to:
(a) perfluorooctanoic acid or PFOA or perfluorooctane sulfonic acid or PFOS; or Docusign Envelope ID: D4A9C595-4B1E-8E3A-811A-2689796C4AAE XCU 803 0623 © 2023 X.L. America, Inc. All Rights Reserved.
May not be copied without permission.
Includes copyrighted material of Insurance Services Office, Inc. with its permission.
(b) any per- or poly-fluoroalkyl or per- or poly-fluorinated substance that is a replacement substance, including but not limited to GenX, ADONA, dodecafluoro-3H-4,8-dioxanoate, C6 H4 F11 NO3, ammonium perfluoro (2-methyl-3-oxahexanoate), C3 Dimer Acid, hexafluoropropylene oxide dimer acid, or HFPO Dimer Acid; (2) Any precursor, derivative, formulation, transformation, degradation, compound, or generic version of any substance listed in 1. above;
(3) Any substance, good, or product, including your product, that contains or is comprised of, in any amount, any substance listed in 1. or 2. above; or
(4) Any substance, good, or product, including your product, that contains or is comprised of, in any amount, the same or similar active ingredients of any substance listed in 1. or 2. above.
All other terms and conditions remain the same.
Docusign Envelope ID: D4A9C595-4B1E-8E3A-811A-2689796C4AAE