Alameda City Council
October 20, 2026

Terraphase Engineering, Inc. Page: 1 Second Amendment
Clement/Tilden

SECOND AMENDMENT TO AGREEMENT
This Second Amendment to Agreement, is entered into this day of October 2026, by and between the CITY OF ALAMEDA, a municipal corporation (hereinafter "the City") and TERRAPHASE ENGINEERING INC., a California S corporation, whose address is 1300 Clay Street, Suite 1000, Oakland, CA 94612, (hereinafter "Provider"), is made with reference to the following:

RECITALS:

A. On September 20, 2023, an agreement was entered into by and between the City and Provider (hereinafter "Agreement") in an amount not to exceed $200,000 for environmental support services pertaining to the Clement Avenue/Tilden Way project.

B. On May 21, 2025, the original agreement was amended by and between the City and Provider (hereinafter “First Amendment”) with additional compensation not to exceed $305,000 for services rendered, and with a total aggregate compensation not to exceed $505,000.

C. The City and Provider desire to modify the Agreement on the terms and conditions set forth herein.

NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows:

1. Paragraph 1, TERM, of the Agreement is modified to read as follows:

The term of this Agreement shall commence on the 20th day of September 2023 and shall terminate on the 30th day of June 2028, unless terminated earlier as set forth herein.

2. Paragraph 2, SCOPE OF WORK, of the Agreement is modified to reads as follows:

Provider agrees to do all necessary work at its own cost and expense, and to do all necessary work included in Exhibit A-2 as requested. The Provider acknowledges that the work plan included in Exhibit A-2 is tentative and does not commit the City to request Provider to perform tasks included therein.

3. Paragraph 3, COMPENSATION TO PROVIDER, is modified to read as follows 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 A-2 and incorporated herein by reference. Extra work must be approved in writing by the City Manager or his/her designee prior to performance and shall be paid on a Time and Material basis as set forth in Exhibit A-2. b. Provider shall be compensated for the services performed in accordance with the original contract and the First Amendment, consistent with the terms of those agreements.

Additionally, Provider shall be compensated for the Second Amendment, covering services Docusign Envelope ID: 976F7423-45FD-8F9B-8185-AD980E8BF5D6 Docusign Envelope ID: ED6AEDC7-4E15-8F5E-8273-EF6DE5A282B3 Terraphase Engineering, Inc. Page: 2 Second Amendment
Clement/Tilden
performed during the period between October 20, 2026 to June 30, 2028, at the hourly rates set forth in Exhibit A-2 of the Second Amendment. Compensation for services performed pursuant to the Second Amendment shall not exceed $102,800. Total Compensation for this Agreement shall not exceed $607,800.

4. Except as expressly modified herein, all other terms and covenants set forth in the Agreement shall remain the same and shall be in full force and effect.

Signatures on following page
Docusign Envelope ID: 976F7423-45FD-8F9B-8185-AD980E8BF5D6 Docusign Envelope ID: ED6AEDC7-4E15-8F5E-8273-EF6DE5A282B3 Terraphase Engineering, Inc. Page: 3 Second Amendment
Clement/Tilden
IN WITNESS WHEREOF, the parties hereto have caused this modification of Agreement to be executed on the day and year first above written.

KITTELSON & ASSOCIATES, INC. CITY OF ALAMEDA
A California S Corporation A Municipal Corporation
___________________________
William Carson, P.E. Gerry Beaudin
President City Manager
RECOMMENDED FOR APPROVAL:

Andrew Romolo, PG
Vice President
____________________________
Erin Smith
Public Works Director
APPROVED AS TO FORM:

City Attorney
____________________________
Len Aslanian
Acting City Attorney
Docusign Envelope ID: 976F7423-45FD-8F9B-8185-AD980E8BF5D6 Docusign Envelope ID: ED6AEDC7-4E15-8F5E-8273-EF6DE5A282B3 1300 Clay Street, Suite 1000 | Oakland, California 94612 | www.terraphase.com June 11, 2026
Ali Hatefi
Public Works Department
City of Alameda
2263 Santa Clara Avenue
Alameda, California 94501
sent via email to [email protected]
Subject: Change Order Request – 2025 Remedial Action Implementation Support Activities and 2026 Project Management and Site Management Plan Support Dear Mr. Hatefi:

Terraphase Engineering Inc. (Terraphase) submits this Change Order Request (COR) to the City of Alameda (City) for additional services associated with the 2025 Remedial Action Implementation Support Activities at the Tilden Way / Clement Avenue property (Site). This request is based on project conditions and agency coordination activities that have required effort beyond the scope and assumptions identified in our April 16, 2025 proposal.

As described below, the requested changes are primarily related to expanded agency coordination, additional technical document revisions, increased field effort, and extended implementation support.

The original scope of work assumed a limited number of DTSC review cycles, defined quantities of sampling and monitoring, and a fixed duration of remedial implementation activities.

Subsequent project developments have required:
• Additional rounds of DTSC comments, meetings, and coordination; • Expanded document revisions beyond the assumed single comment cycle; • Increased pre-excavation sampling and investigation (including tree-related evaluation); • Additional air monitoring days and associated delays; • Expanded contractor support and schedule coordination during implementation; and These changes were not anticipated in the original scope and authorization.

Additional Scope of Work – Previously Approved Tasks
The additional scope of work for each of the previously approved tasks is described below.

Task 1: Finalize Remedial Action Work Plan
The previous scope of work assumed that the draft Remedial Action Work Plan (RAW) would be approved by Department of Toxic Substances Control (DTSC) and finalized with minor revisions after Exhibit A-2
Docusign Envelope ID: 976F7423-45FD-8F9B-8185-AD980E8BF5D6 Docusign Envelope ID: ED6AEDC7-4E15-8F5E-8273-EF6DE5A282B3 June 11, 2026
Ali Hatefi
Change Order Request – 2025 Remedial Action Implementation Support Activities and 2026 Project Management and Site Management Plan Support

incorporating their January 2025 comments. However, six additional drafts were prepared based on DTSC comments and multiple meetings were held to resolve comments. The majority of these updates were related to requests from DTSC to update the previously-approved cleanup goals established in the Human Health Risk Assessment, requests to update removal areas to include deeper soil, and multiple requests for revisions to incorporate specific DTSC-provided language regarding tribal communications.

Additionally, Terraphase prepared a memorandum for incorporation into the project bid documents describing anticipated but not yet finalized changes to the RAW.

Task 2: Community Air Monitoring Plan, Health and Safety Plan, and Specifications The original scope assumed a single DTSC review cycle for the Community Air Monitoring Plan (CAMP) and Heath and Safety Plan (HASP).

Additional effort includes:
• Multiple rounds of DTSC comments on the CAMP and associated revisions; • Additional coordination meetings with DTSC; and
• Revisions to HASP documentation to address updated project conditions and agency input.

Task 3: Site Management Plan
The original scope assumed preparation of the draft Site Management Plan (SMP) and incorporation of one round of DTSC comments.

Additional effort includes:
• Multiple additional DTSC comment cycles;
• Preparation of revised SMP versions; and
• Attendance at additional agency coordination meetings Task 4: Pre-Excavation Waste Characterization Sampling
The original scope assumed collection of up to ten samples for lead and arsenic analysis by United States Environmental Protection Agency Method 6010 and for leachable lead and/or arsenic, as appropriate.

Based on changes to the RAW as discussed above, additional areas and deeper soil were included in the remedial excavation areas, which required waste characterization. The sampling approach utilized composite sampling for waste characterization, resulting in collection of 12 samples, which were composited into 3 samples for analysis.

Additional samples were collected during this mobilization in the area of trees that the City requested to evaluate for protection. A total of six additional discrete samples were collected from the perimeter of the tree driplines to evaluate whether confirmation sampling would likely support leaving soil around the tree roots in place. This effort also included coordination and technical discussions regarding tree removal/management options and expanded data review and waste profiling efforts.

Exhibit A-2
Docusign Envelope ID: 976F7423-45FD-8F9B-8185-AD980E8BF5D6 Docusign Envelope ID: ED6AEDC7-4E15-8F5E-8273-EF6DE5A282B3 June 11, 2026
Ali Hatefi
Change Order Request – 2025 Remedial Action Implementation Support Activities and 2026 Project Management and Site Management Plan Support Terraphase Engineering Inc. Page 3 of 6
Task 5: Oversight and Air Monitoring
The original scope assumed two baseline monitoring days and up to 22 days of excavation monitoring.

Due to changes to the RAW completed subsequent to the 2025 proposal, additional oversight effort related to confirmation sampling and field screening was added to the oversight scope. Additionally, due to a public complaint about dust prior to the start of remedial excavation activities, air monitoring was conducted during soil disturbing work for several weeks prior to the start of remedial excavation. The original scope also assumed that the remedial excavation work would be completed on consecutive days over the course of approximately three weeks. Due to delays, monitoring and excavation work extended over 2+ months including many starts and stops, requiring additional scheduling coordination and equipment rental pickup/dropoff.

Additional effort includes:
• Additional air monitoring mobilization and field days beyond the original assumptions. Monitoring and oversight was conducted on 34 total days, including 27 days prior to remedial excavation and 7 days during remedial excavation; and
• Additional costs associated with confirmation sampling, including XRF rental for field screening of confirmation samples, analytical costs for confirmation samples, and additional data management and reporting effort.

Task 6: Implementation Support
The original scope included limited support for submittal review and contractor RFIs.

Additional effort includes:
• Increased volume of contractor submittals and RFI responses; • Expanded coordination with contractor regarding evolving field conditions; • Additional schedule coordination due to delays and sequencing changes; • Onsite kickoff; and
• Responding to questions on specs, DTSC requirements, RAW/SMP, etc. to support City response to contractor change orders.

Task 7: Post Re-Grading Sampling
The previously proposed scope of work has not yet been completed based on the construction schedule.

No change to this scope of work.

Task 8: Closeout Reporting
Closeout reporting associated with the remedial implementation is currently in progress. Additional anticipated efforts include:
• Additional data management, screening, and tabulation effort associated with confirmation sample and field screening data and extra days of air monitoring data.

Exhibit A-2
Docusign Envelope ID: 976F7423-45FD-8F9B-8185-AD980E8BF5D6 Docusign Envelope ID: ED6AEDC7-4E15-8F5E-8273-EF6DE5A282B3 June 11, 2026
Ali Hatefi
Change Order Request – 2025 Remedial Action Implementation Support Activities and 2026 Project Management and Site Management Plan Support

• Based on experience with DTSC reviews on previous documents, Terraphase anticipates that additional effort may be required to respond to multiple rounds of DTSC comments, participate in meetings, and coordinate with DTSC for approval.

Task 9: Agency Interaction, Project Management, and Coordination The original scope included ongoing communication with the City of Alameda project manager, DTSC, and the implementation contractor. The scope for this task included internal and external progress meetings, status updates on deliverables and budgets, and general coordination and management activities. The cost estimate for this task assumed that the remedial excavation work would be completed in approximately 3 weeks. Delays in the construction schedule led to attendance at weekly construction meetings over an extended period and expanded project management to address schedule impacts, technical issues, and agency requirements.

Scope of Work – New Tasks
The scope of work for each of the proposed tasks is described below.

Task 10: 2026 Project Management and Site Management Plan Support The previous scope of work included tasks through the completion of remedial excavations, which were expected to be finished by the end of 2025. This task includes scope for ongoing project management, coordination and compliance support through 2026. This task covers SMP compliance support, including response to agency requests, contractor questions, and import material review. Additionally, this task will include support for developing and recording the land use covenant as required in the SMP.

Cost Estimate
Terraphase proposes to complete this work on a time and materials basis. Terraphase will not exceed this authorization without prior written approval of the client. The estimated cost for each task and the project total are summarized in the table below.

Table 1 Cost Summary by Task
Task Prior Authorization COR Total
1 – Finalize Remedial Action Work Plan $11,800 $4,200 $16,000 2 – CAMP, HASP, and Specifications $12,700 $1,400 $14,100 3 – Site Management Plan $29,200 $3,000 $32,200
4 – Pre-Excavation Waste Characterization
Sampling $14,300 $2,200 $17,500
5 – Oversight and Air Monitoring $112,400 $42,600 $155,000 6 – Implementation Support $7,200 $4,900 $12,100
7 – Post Re-Grading Sampling $22,100 $0 $22,100
Exhibit A-2
Docusign Envelope ID: 976F7423-45FD-8F9B-8185-AD980E8BF5D6 Docusign Envelope ID: ED6AEDC7-4E15-8F5E-8273-EF6DE5A282B3 June 11, 2026
Ali Hatefi
Change Order Request – 2025 Remedial Action Implementation Support Activities and 2026 Project Management and Site Management Plan Support Terraphase Engineering Inc. Page 5 of 6
Table 1 Cost Summary by Task
8 – Closeout Reporting $30,900 $0 $30,900
9 – Agency Interaction, Project
Management and Coordination $36,700 $3,500 $40,200
10% Contingency $27,700 $0 $27,700
COR Total $305,000 $62,800 $367,800
10 - 2026 Project Management and Site
Management Plan Support NA $40,000 $40,000
New Task Total NA $40,000 $40,000
Total $305,000 $102,800 $407,800
Closing
Terraphase is grateful for the opportunity to offer our services on this important project. If you have any questions or comments regarding this submittal, please contact me at (510) 645-1850, ext. 42.

Sincerely,
for Terraphase Engineering Inc.

Emily Mosen, PG
Senior Associate Geologist
Attachment: 2026 Standard Schedule of Charges with 10% Discount and 10% ODC Exhibit A-2
Docusign Envelope ID: 976F7423-45FD-8F9B-8185-AD980E8BF5D6 Docusign Envelope ID: ED6AEDC7-4E15-8F5E-8273-EF6DE5A282B3 June 11, 2026
Ali Hatefi
Change Order Request – 2025 Remedial Action Implementation Support Activities and 2026 Project Management and Site Management Plan Support

Acceptance of Proposal
The cost, specifications, and conditions outlined herein are satisfactory and are hereby accepted.

Terraphase is authorized to proceed with the work, as specified.

This proposal is hereby accepted by a duly authorized representative of the Client to whom it is addressed:

Signature: Date:

Printed Name:

Title:

Exhibit A-2
Docusign Envelope ID: 976F7423-45FD-8F9B-8185-AD980E8BF5D6 Docusign Envelope ID: ED6AEDC7-4E15-8F5E-8273-EF6DE5A282B3 2026 Standard Schedule of Charges with 10% Discount/10%ODC Labor Classification Standard Hourly
Rate
Hourly Rate with
10% Discount
Senior Principal $330 $297.00
Principal Engineer/Scientist $313 $281.70
Senior Associate Engineer/Scientist $293 $263.70
Associate Engineer/Scientist $275 $247.50
Senior Project Engineer/Scientist $262 $235.80
Project Engineer/Scientist $244 $219.60
Senior Staff 2 Engineer/Scientist $226 $203.40
Senior Staff 1 Engineer/Scientist $205 $184.50
Staff 2 Engineer/Scientist $181 $162.90
Staff 1 Engineer/Scientist $158 $142.20
Environmental Analyst 2 $140 $126.00
Environmental Analyst 1 $120 $108.00
Senior Technician $165 $148.50
Technician 4 $144 $129.60
Technician 3 $121 $108.90
Technician 2 $102 $91.80
Technician 1 $80 $72.00
Senior Editor/Senior Project Coordinator $174 $156.60
Editor 2/Project Coordinator 2/Accountant 2 $154 $138.60 Editor 1/Project Coordinator 1/Accountant 1 $128 $115.20 Administrator/Project Assistant/Billing Specialist $108 $97.20 Labor Charges: Client acknowledges that labor is provided for design professional services only. All time will be recorded and charged to the nearest 0.1 hour. Expert testimony at trials, hearings, and depositions will be billed at 150% of the standard hourly rate. For each day when testimony is provided, a minimum of 8 hours will be billed.

Preparatory time will be billed at standard rates.

Expenses: Subcontractor fees and other direct costs, such as air travel, project supplies and rental equipment, etc. will be itemized and billed at our cost plus a ten-percent handling charge. Vehicle mileage, when itemized, is billed at the standard government rate in effect at the time of travel (www.gsa.gov/mileage).

Payment: Payment is due within 30 days of receipt of the invoice. A service charge of 1.5% per month or the allowable legal rate may be charged on amounts that are past due for more than 30 days.

Annual Escalation: Rates are subject to revision by annual calendar year escalation in January. Rates on invoices will reflect rates in effect at the time of invoicing.

Exhibit A-2
Docusign Envelope ID: 976F7423-45FD-8F9B-8185-AD980E8BF5D6 Docusign Envelope ID: ED6AEDC7-4E15-8F5E-8273-EF6DE5A282B3

ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?

INSR ADDL SUBR

LTR INSD WVD

PRODUCER CONTACT
NAME:

PHONE FAX (A/C, No, Ext): (A/C, No):

E-MAIL
ADDRESS:

INSURER A :

INSURED INSURER B :

INSURER C :

INSURER D :

INSURER E :

INSURER F :

POLICY NUMBER POLICY EFF POLICY EXP TYPE OF INSURANCE (MM/DD/YYYY) (MM/DD/YYYY) LIMITS

AUTOMOBILE LIABILITY

UMBRELLA LIAB

EXCESS LIAB

WORKERS COMPENSATION

AND 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 RENTED CLAIMS-MADE OCCUR PREMISES (Ea occurrence) $ MED EXP (Any one person) $
PERSONAL & ADV INJURY $
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $

PRO- POLICY LOC JECT PRODUCTS - COMP/OP AGG
OTHER: $

COMBINED SINGLE LIMIT
(Ea accident) $
ANY AUTO BODILY INJURY (Per person) $

OWNED SCHEDULED
AUTOS ONLY AUTOS BODILY INJURY (Per accident) $

HIRED NON-OWNED PROPERTY DAMAGE
AUTOS ONLY AUTOS ONLY (Per accident) $
$

OCCUR EACH OCCURRENCE
CLAIMS-MADE AGGREGATE $
DED RETENTION $
PER OTHSTATUTE ER
E.L. EACH ACCIDENT
E.L. DISEASE - EA EMPLOYEE $
If yes, describe under
DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT INSURER(S) AFFORDING COVERAGE NAIC #

COMMERCIAL GENERAL LIABILITY
Y / N
N / A
(Mandatory in NH)

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE 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 PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

CERTIFICATE HOLDER CANCELLATION
ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved.

CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
$
$
$
$
$
The ACORD name and logo are registered marks of ACORD
10/29/2025
(415) 661-6500 (209) 459-3772
44520
Terraphase Engineering Inc.
1300 Clay Street, Suite 1000
Oakland, CA 94612
35289
10717
20478
15610
A 5,000,000
XX EPK-160591 10/4/2025 10/4/2026 50,000
5,000
5,000,000
5,000,000
5,000,000
X Professional Liability/Pollution Prof Liab/Pol 5,000,000 B 1,000,000
XX 8035074943 10/4/2025 10/4/2026
C 6,000,000
XX EX00UFY25 10/4/2025 10/4/2026 6,000,000
0 D
X 8035077812 10/4/2025 10/4/2026 1,000,000 N 1,000,000
1,000,000
D WC All Other States X 8035077793 10/4/2025 $1M/$1M 1,000,000 E Excess Liability XX ELZ679864/01/2025 10/4/2025 10/4/2026 2nd Layer -$5M XS 11,000,000 The City, its City Council, boards, commissions, officials, employees, agents, and volunteers are additional insured(s) under all insurance coverages, except workers’ compensation and professional liability insurance. Coverage includes Pollution Liability and Automobile Liability, both of which are followed by the Umbrella/Excess Liability policy. All coverages are provided on a primary and noncontributory basis, with a waiver of subrogation in favor of the City where required by written contract. 30-day notice of cancellation applies.

City of Alameda
2263 Santa Clara Ave
Alameda, CA 94501
TERRENG-01 OFFBE2
Digital Insurance LLC-San Francisco, CA
314 West Portal Ave
San Francisco, CA 94127-1412
Crum & Forster Specialty Ins
Continental Insurance Company
Aspen Specialty Ins Co
National Fire Ins Co Of Hartford
AXIS Specialty Ins. Co.

X
10/4/2026
X
X
X
X
XX
X
X
X
Docusign Envelope ID: ED6AEDC7-4E15-8F5E-8273-EF6DE5A282B3 9/15/2026
Docusign Envelope ID: ED6AEDC7-4E15-8F5E-8273-EF6DE5A282B3 Docusign Envelope ID: ED6AEDC7-4E15-8F5E-8273-EF6DE5A282B3 Docusign Envelope ID: ED6AEDC7-4E15-8F5E-8273-EF6DE5A282B3 Docusign Envelope ID: ED6AEDC7-4E15-8F5E-8273-EF6DE5A282B3 Docusign Envelope ID: ED6AEDC7-4E15-8F5E-8273-EF6DE5A282B3 Docusign Envelope ID: ED6AEDC7-4E15-8F5E-8273-EF6DE5A282B3 Docusign Envelope ID: ED6AEDC7-4E15-8F5E-8273-EF6DE5A282B3 EN0165 0117 Page 1 of 1
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

LIMITED NOTICE OF CANCELLATION ENDORSEMENT
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

CONTRACTORS POLLUTION LIABILITY COVERAGE PART

ERRORS AND OMISSIONS LIABILITY COVERAGE PART

ONSITE CLEANUP COVERAGE PART

THIRD PARTY POLLUTION LIABILITY COVERAGE PART
In consideration of the premium charged and solely with respect to the coverage parts shown above, it is hereby agreed that the Common Provisions, Section VI – Common Conditions is amended by the addition of the following:

Limited Notice Of Cancellation
In the event that we cancel this Policy for any reason other than non-payment of premium and; a. The effective date of cancellation is prior to the expiration date of this Policy; and b. You are under an existing written contractual obligation to notify a certificate holder when this Policy is canceled and have provided to us, either directly or through your broker of record, the email address of a contact at each such certificate holder; and
c. We received this information after you received notice of cancellation of this Policy and prior to the effective date of cancellation, via an electronic spreadsheet that is acceptable to us, We will provide notice of cancellation via email to each such certificate holder within thirty (30) days of your providing such information to us. Proof of our emailing the notice of cancellation, using the information provided by you, will serve as evidence that we have satisfied our obligations under this condition.

ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED.

Policy Number: EPK-160 1
Docusign Envelope ID: ED6AEDC7-4E15-8F5E-8273-EF6DE5A282B3 EN0111-0211 Page 1 of 1
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED – OWNERS, LESSEES OR

CONTRACTORS
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

CONTRACTORS POLLUTION LIABILITY COVERAGE PART

SCHEDULE
Name Of Additional Insured Person(s) or Organization(s) Where Required By Written Contract
SECTION III – WHO IS AN INSURED within the Common Provisions is amended to include as an additional insured the person(s) or organization(s) indicated in the Schedule shown above, but only with respect to liability caused, in whole or in part, by “your work” for that insured which is performed by you or by those acting on your behalf.

ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED.

Policy Number: EPK-160591
Docusign Envelope ID: ED6AEDC7-4E15-8F5E-8273-EF6DE5A282B3 EN0147-1111 Page 1 of 1
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED

WITH WAIVER OF SUBROGATION
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

CONTRACTORS POLLUTION LIABILITY COVERAGE PART

ERRORS AND OMISSIONS LIABILITY COVERAGE PART

SCHEDULE
Name of Additional Insured Person(s) or Organization(s) Where Required by Written Contract
A. SECTION III – WHO IS AN INSURED within the Common Provisions is amended to include as an additional insured the person(s) or organization(s) indicated in the Schedule shown above, but only with respect to liability arising out of “your work” for that person or organization performed by you, or by those acting on your behalf.

B. As respects additional insureds as defined above, this insurance also applies to “bodily injury” or “property damage” arising out of your negligence when the following written contract requirements are applicable:

1. Coverage available under this coverage part shall apply as primary insurance. Any other insurance available to these additional insureds shall apply as excess and not contribute as primary to the insurance afforded by this endorsement.

2. We waive any right of recovery we may have against the person(s) or organization(s) indicated in the Schedule shown above because of payments we make for injury or damage arising out of “your work” performed under a written contract with that person(s) or organization(s).

3. The term “additional insured” is used separately and not collectively, but the inclusion of more than one “additional insured” shall not increase the limits or coverage provided by this insurance.

This Endorsement does not reinstate or increase the Limits of Insurance applicable to any “claim” to which the coverage afforded by this Endorsement applies.

ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED.

Policy Number: EPK-160 1
Docusign Envelope ID: ED6AEDC7-4E15-8F5E-8273-EF6DE5A282B3 Docusign Envelope ID: ED6AEDC7-4E15-8F5E-8273-EF6DE5A282B3 Docusign Envelope ID: ED6AEDC7-4E15-8F5E-8273-EF6DE5A282B3 BINDER DATE:
10/01/2025
FORM OF BUSINESS: PRODUCER CODE: 09485
Item 3.
$5,000,000
$5,000,000
$5,000,000
$5,000,000
$50,000
$5,000
$5,000,000
$5,000,000
Item 4.

Deductible $5,000 Per Occurrence
Deductible $10,000 Per Pollution Condition
Deductible $10,000 Per Claim
Item 5.

Refer to EN0137A
Item 6.
$146,272.00
Excluded
$146,272.00
25%
100%
Item 7. Rate: Flat

CRUM & FORSTER SPECIALTY INSURANCE COMPANY

ENVIRONMENTAL BINDER
POLICY NUMBER: RENEWAL OF:

Item 2. POLICY PERIOD: 10/04/2025 to 10/04/2026
12:01 a.m. Standard Time at the Named Insured’s address stated above.

EPK-160591 EPK-149149
Item 1. NAMED INSURED & ADDRESS: PRODUCER NAME & ADDRESS:

Terraphase Engineering, Inc. National E&S Insurance Brokers 1300 Clay Street, Suite 1000, 41235 11th St. West
Oakland, CA 94612
Damage To Premises Rented To You Limit:

Palmdale, CA 93551
Corporation
LIMITS OF INSURANCE:

General Aggregate Limit (Other than Products/Completed Operations):

Products/Completed Operations Aggregate Limit:

Personal & Advertising Injury Limit:

Commercial General Liability Each Occurrence Limit:

Errors & Omissions Liability
Medical Expense Limit:

Contractor’s Pollution Liability Each Pollution Condition Limit:

Errors & Omissions Liability Each Wrongful Act Limit:

DEDUCTIBLE/SELF-INSURED RETENTION:

Commercial General Liability
Contractor’s Pollution Liability
Errors & Omissions Liability
RETROACTIVE DATES:

AUDIT PERIOD: Not Subject to Audit Basis: Gross Revenue: $57,257,084 PREMIUM:

Policy Premium:

TRIPRA Premium:

Total Policy Premium:

Minimum Earned Premium:

Minimum Policy Premium:

Premium: $146,272.00
Broker Fee: $575.00
Surplus Lines Tax (3%): $4,388.16
Stamping Fee (0.18%): $263.29
Total Cost to Insured: $151,498.45
Docusign Envelope ID: ED6AEDC7-4E15-8F5E-8273-EF6DE5A282B3 The following Coverage Forms and endorsements apply to this proposal.

Form No. Form Title Comments
EN0001 Environmental Package Policy Declarations
EN0002 Schedule of Forms and Endorsements
CS07001 Signature Page
EN0004 Claims Reporting
EN0005 Service of Process Clause
EN0007 Exclusion of Certified Acts of Terrorism and Exclusion of Other Acts of Terrorism Committed Outside the United States
EN0009 Deductible Schedule Endorsement
EN0010 Minimum Premium and Minimum Retained Premium
EN0011 Privacy Notice
EN0020 Common Provisions
EN0021 Commercial General Liability Occurrence Coverage Part EN0023 Contractors Pollution Liability Occurrence Coverage Part EN0025 Errors and Omissions Liability Coverage Part
EN0050 Policyholder Notice - Emergency Response Hotline EN0052 Notice of Loss
EN0107 Punitive Damages Where Allowable by Law
EN0109 Amended Waiver of Transfer of Rights of Recovery Against Others To Us (Per Expiring & Blanket when specifically required in a written contract with the named insured)
EN0111 Additional Insured – Owners, Lessees Or Contractors (Per Expiring & Blanket when specifically required in a written contract with the named insured)
EN0118 Primary and Non-Contributory Additional Insured with Waiver of Subrogation (Per Expiring & Blanket when specifically required in a written contract with the named insured)
EN0136 Notice of Cancellation – Certificate Holder(s) (30 Days - Per Expiring) EN0145 Additional Insured - State, Governmental, Political Subd - Permits or Authorizations (Per Expiring) EN0147 Primary & Non-Contributory AI with Waiver of Subrogation (Per Expiring) EN0165 Limited Notice Of Cancellation Endorsement (30 Day Blanket) EN0166 Named Insured Endorsement (Per Expiring)
EN0169 Exclusion – Communicable Disease
EN0177 Amendatory - Definition of Employee
EN0301 Aggregate Limits of Insurance Per Project
EN0302 Employee Benefits Liability Coverage ($1M/$1M, $1,000 Deductible, RD: 11/30/18) EN0304 Stop Gap – Employers Liability Coverage (WA, $1M/$1M, $10,000 Deductible) EN0307 Amendment of Coverage Territory – Worldwide Coverage EN0320 Additional Insured – Owners, Lessees Or Contractors – Completed Operations (Blanket when specifically required in a written contract with the named insured)
EN0321 Additional Insured – Owners, Lessees Or Contractors – Scheduled Person Or Organization
(Blanket when specifically required in a written contract with the named insured)
EN0346 Amendment to Damage to Your Work Exclusion
EN0347 Primary & Non-Contributory Additional Insured With Waiver Of Subrogation Endorsement
(Per Expiring)
EN0349 Waiver Of Transfer Of Rights Of Recovery Endorsement (Per Expiring & Blanket when specifically required in a written contract with the named insured)
EN0350 Additional Insured – Owners, Lessees Or Contractors – Completed Operations Endorsement
(Per Expiring & Blanket when specifically required in a written contract with the named insured)
EN0351 Additional Insured – Owners, Lessees Or Contractors – Scheduled Person Or Organization Endorsement
(Per Expiring & Blanket when specifically required in a written contract with the named insured)
EN0353 Total PFAS Exclusion
EN0404 Limited Defense Expenses Outside the Limits of Insurance (CPL) ($3M) EN0405 Transportation Pollution Liability Blanket Endorsement ($2M/$4M, $10,000 Deductible) EN0418 Regulated Non-Owned Disposal Site Coverage -Claims Made ($1M/$1M 10/1/14 - $2M/$4m - 11/30/18) EN0503 Limited Defense Expense Outside the Limits of Insurance (E&O) ($3M) IL P 001 01 04 U.S Treasury Department's Office of Foreign Assets Control ("OFAC") Advisory Notice to Policyholders
MAN 1 (Multiple E&O Retroactive Dates - $3M/$3M = 10/4/10; $5M/$5M = 5/23/19) MAN 2 CGL/CPL - Additonal Insured - Owners, Lessees or Contractors - Completed Operations (Per Expiring) MAN 3 CGL/CPL - Primary and Non-Contributory Additional Insured with Waiver of Subrogation (Per Expiring) MAN 4 E&O - Named Insured/Retroactive Date Schedule (Robinson & Noble, Inc/Robinson Noble, Inc - $2M/$4M 1/20/99; $5M/$5M = 7/18/23)
Docusign Envelope ID: ED6AEDC7-4E15-8F5E-8273-EF6DE5A282B3 SN-CA 0120 (D-2) Page 1 of 2
IMPORTANT NOTICE:

1. The insurance policy that you have purchased is being issued by an insurer that is not licensed by the State of California. These companies are called “nonadmitted” or “surplus line” insurers.

2. The insurer is not subject to the financial solvency regulation and enforcement that apply to California licensed insurers.

3. The insurer does not participate in any of the insurance guarantee funds created by California law. Therefore, these funds will not pay your claims or protect your assets if the insurer becomes insolvent and is unable to make payments as promised.

4. The insurer should be licensed either as a foreign insurer in another state in the United States or as a non-United States (alien) insurer. You should ask questions of your insurance agent, broker, or “surplus line” broker or contact the California Department of Insurance at the toll-free number 1-800-927-4357 or internet website www.insurance.ca.gov. Ask whether or not the insurer is licensed as a foreign or non-United States (alien) insurer and for additional information about the insurer. You may also visit the NAIC’s internet website at www.naic.org. The NAIC—the National Association of Insurance Commissioners—is the regulatory support organization created and governed by the chief insurance regulators in the United States.

5. Foreign insurers should be licensed by a state in the United States and you may contact that state’s department of insurance to obtain more information about that insurer. You can find a link to each state from this NAIC internet website:
https://naic.org/state_web_map.htm
Docusign Envelope ID: ED6AEDC7-4E15-8F5E-8273-EF6DE5A282B3 SN-CA 0120 (D-2) Page 2 of 2

6. For non-United States (alien) insurers, the insurer should be licensed by a country outside of the United States and should be on the NAIC’s International Insurers Department (IID) listing of approved nonadmitted non-United States insurers. Ask your agent, broker, or “surplus line” broker to obtain more
information about that insurer.

7. California maintains a “List of Approved Surplus Line Insurers (LASLI).” Ask your agent or broker if the insurer is on that list, or view that list at the internet website of the California Department of Insurance:
www.insurance.ca.gov/01-consumers/120-company/07lasli/lasli.cfm

8. If you, as the applicant, required that the insurance policy you have purchased be effective immediately, either because existing coverage was going to lapse within two business days or because you were required to have coverage within two business days, and you did not receive this disclosure form and a request for your signature until after coverage became effective, you have the right to cancel this policy within five days of receiving this disclosure. If you cancel coverage, the premium will be prorated and any broker’s fee charged for this insurance will be returned to you.

Docusign Envelope ID: ED6AEDC7-4E15-8F5E-8273-EF6DE5A282B3 Aspen Specialty Insurance Company
POLICY NUMBER: EX00UFY25
RENEWAL OF: EX00UFY24
ASPENV115 0917 Page 1 of 3
2017 © Aspen Insurance U.S. Services Inc. All rights reserved.

COMMERCIAL ENVIRONMENTAL EXCESS FOLLOW FORM DECLARATIONS

ASPEN SPECIALTY INSURANCE COMPANY

NEWPORT OFFICE CENTER III
499 WASHINGTON BOULEVARD, 8ᵗʰ FLOOR
JERSEY CITY, NJ 07310
(A stock insurance company incorporated under the laws of North Dakota hereinafter called the “Insurer”) ITEM 1 FIRST NAMED INSURED – NAME AND MAILING ADDRESS
Terraphase Engineering Inc.
1300 Clay Street
Suite 1000
Oakland, CA 94612
ITEM 2 POLICY NUMBER: EX00UFY25
ITEM 3 POLICY PERIOD:
(a) Inception Date: 10/04/2025
(b) Expiration Date: 10/04/2026
As respects the dates shown above in this Item 3, as of 12:01 a.m. on such date in the time zone applicable to the address set forth in Item 10(a) of these Declarations.

ITEM 4 PREMIUM:
(a) Policy Premium: $83,500
(b) Premium for Certified Acts of Terrorism Coverage: N/A (c) Total Premium: $83,500
ITEM 5 FORMS & ENDORSEMENTS ATTACHED TO THIS POLICY AT INCEPTION:

SEE SCHEDULE OF FORMS AND ENDORSEMENTS
ITEM 6 POLICY AGGREGATE LIMIT OF LIABILITY: $6,000,000
ITEM 7 UNDERLYING LIMITS: $5,000,000
Does not include retentions and may vary based on Underlying Coverage Premium: $83,500.00
Broker Fee: $850.00
Surplus Lines Tax (3%): $2,505.00
Stamping Fee (0.18%): $150.30
Total Cost to Insured: $87,005.30
Docusign Envelope ID: ED6AEDC7-4E15-8F5E-8273-EF6DE5A282B3 Aspen Specialty Insurance Company
POLICY NUMBER: EX00UFY25
RENEWAL OF: EX00UFY24
ASPENV115 0917 Page 2 of 3
2017 © Aspen Insurance U.S. Services Inc. All rights reserved.

ITEM 8 SCHEDULE OF FOLLOWED POLICIES:

Insurer Policy Number Each Loss Limit Aggregate Limit Policy Period Crum & Forster
Specialty Insurance Co
EPK-160591 $5,000,000 $5,000,000 10/4/2025 -
10/4/2026
ITEM 9 SCHEDULE OF OTHER UNDERLYING POLICIES:

Insurer Policy Number Each Loss Limit Aggregate Limit Policy Period Crum & Forster
Specialty Insurance Co
EPK-160591 $5,000,000 $5,000,000 10/4/2025 -
10/4/2026
National Fire Insurance
Co of Hartford
8035077812 $1,000,000 $1,000,000 10/4/2025 -
10/4/2026
National Fire Insurance
Co of Hartford
8035077793 $1,000,000 $1,000,000 10/4/2025 -
10/4/2026
Continental Insurance
Company
8035074943 $1,000,000 $1,000,000 10/4/2025 -
10/4/2026
ITEM 10 NOTICES:
(a) Notices to first named insured:

Terraphase Engineering Inc.
1300 Clay Street
Suite 1000
Oakland, CA 94612
(b) Notices to insurer of any matter or factor that may give rise to coverage under the Policy, including without limitation, occurrences, crisis events, emergency events, claims or pollution conditions or imminent threat thereof:

Aspen Specialty Insurance Company
c/o Aspen Specialty Insurance Management, Inc.

Newport Office Center III
499 Washington Boulevard, 8ᵗʰ Floor
Jersey City, NJ 07310
Main Tel: 646-502-1000
Fax: 646-502-1020
Email: [email protected]
(c) All other notices to the insurer:

Aspen Specialty Insurance Company
Attn: General Counsel
Newport Office Center III
Docusign Envelope ID: ED6AEDC7-4E15-8F5E-8273-EF6DE5A282B3 Aspen Specialty Insurance Company
POLICY NUMBER: EX00UFY25
RENEWAL OF: EX00UFY24
ASPENV115 0917 Page 3 of 3
2017 © Aspen Insurance U.S. Services Inc. All rights reserved. 499 Washington Boulevard, 8ᵗʰ Floor
Jersey City, NJ 07310
Tel: 1-877-245-3510
ITEM 11 BROKER:

Broker Name:

National E&S Insurance Brokers, Inc.

Broker Address:
200 S. Virginia St.

Suite 710
Reno, NV 89501
This Declarations page, together with the attached Policy form, any Applications, Schedules, and Endorsements thereto, shall constitute the contract between the Insurer and the Insured.

In witness whereof, the Insurer issuing this Policy has caused this Policy to be signed by its authorized officers, but it shall not be valid unless also signed by a duly authorized representative of the Insurer.

Issued on: 11/05/2025
Authorized Representative
Docusign Envelope ID: ED6AEDC7-4E15-8F5E-8273-EF6DE5A282B3

Aspen Specialty Insurance Company
ASPCO098 0213 2013 ©Aspen Insurance U.S. Services Inc. All rights reserved. Page 1 of 1 IN WITNESS WHEREOF, the Insurer has caused this Policy to be signed by its President and Secretary and countersigned where required by law on the Declarations page by its duly Authorized Representative.

________________________________
Secretary
________________________________
President
Docusign Envelope ID: ED6AEDC7-4E15-8F5E-8273-EF6DE5A282B3 Policy No.:EX00UFY25
Effective Date: 10/04/2025
ASPENV119 1117 Page 1 of 1
2017 © Aspen Insurance U.S. Services Inc. All rights reserved.

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

SCHEDULE OF APPLICABLE FORMS
FORMS AND ENDORSEMENTS MADE PART OF THIS POLICY AT TIME OF ISSUE:

Endorsement # Form Number Form Name
SNCA 0120 CALIFORNIA NOTICE (D-2)
ASPENV115 0917 Commercial Environmental Excess Follow Form Declarations ASPCO098 0213 SIGNATURE PAGE
ASPENV119 1117 Schedule of Applicable Forms
ASPENV116 0917 Commercial Environmental Excess Follow Form Policy ASPCO1133 0322 COMPLIANCE WITH TRADE OR ECONOMIC SANCTIONS ENDORSEMENT 1 ASPENV104 1117 Exclusion of Certified Acts of Terrorism 2 ASPENV649 0917 Minimum Earned Premium Endorsement
3 ASPENV118 1117 Nuclear, Biological, Chemical, or Radiological Terrorism Exclusion 4 ASPENV029 0423 Perfluorinated Compounds Exclusion Endorsement 5 ASPENV120 1117 Total Terrorism Exclusion
ASPENV431 1117 Aspen Environmental Emergency Response Hotline All other terms and conditions of this Policy remain unchanged.

Docusign Envelope ID: ED6AEDC7-4E15-8F5E-8273-EF6DE5A282B3 Policy No.: EX00UFY25
Effective Date: 10/04/2025
ASPENV116 0917 Page 1 of 5
2017 © Aspen Insurance U.S. Services Inc. All rights reserved.

Includes copyrighted material of ISO Properties, Inc. used with permission

COMMERCIAL ENVIRONMENTAL EXCESS FOLLOW FORM POLICY
In consideration of the payment of the premium when due and in reliance upon the statements and information in the application including any attachments and other materials provided therewith or incorporated therein and submitted in connection with the underwriting of any of the underlying policies or this Policy, the insurer agrees to provide coverage as follows:

I. INSURING AGREEMENT
The insurer will pay on the insured’s behalf ultimate net loss resulting from injury, damages, loss, or clean-up costs arising from an incident or occurrence in excess of, and not in contribution with, the underlying policies.

Except as otherwise provided in this Policy, this Policy shall follow all provisions, exclusions, limitations, and all other terms and conditions of the followed policy. In the event of a conflict between this Policy and the followed policy, this Policy shall govern and control. Notwithstanding any other provision of this Policy, in no event shall this Policy grant broader coverage than that provided to the insured under any of the underlying policies.

II. DEFENSE AND SETTLEMENT
A. Prior to the exhaustion of the total underlying limits, the insurer has the right (but not the duty) to defend, and will be given the opportunity to associate in the defense of, any matter against any insured which may result in the obligation of the insurer to provide coverage under this Policy.

B. Upon and following exhaustion of the total underlying limits, the insurer has the duty to assume the defense of the insured against any claim giving rise to an obligation of the insurer to provide coverage under this Policy.

Upon exhaustion of the aggregate limit of liability set forth in Item 6. of the Declarations, the insurer’s duty to defend, and all other duties to incur or pay any amounts under this Policy, shall terminate.

C. Where the insured is legally entitled to select independent counsel when a duty to defend exists under this Policy, the insurer shall pay reasonable and necessary legal expenses; provided reasonable and necessary legal expenses for such independent counsel shall mean only those incurred: (i) for counsel qualified and experienced in defending claims similar to the subject pending claim; and (ii) at the rate which the insurer would actually pay for the defense of a similar claim in the subject community. Accordingly, any legal expense incurred for such independent counsel that does not meet the conditions precedent to coverage in (i) and (ii) above shall be at the sole expense of the insured.

D. Expenses incurred pursuant to this Section II. shall be in addition to the aggregate limit of liability set forth in Item

6. of the Declarations, However, if in the provisions of the followed policy, any portions of any such expenses reduce the total underlying limits, then all such expenses will reduce such aggregate limit of liability set forth in Item 6. of the Declarations.

III. LIMIT OF LIABILITY
No matter the number of insureds, claims, claimants, or any other factor giving rise to any assertion of coverage under this Policy or under the followed policy or any underlying policy, the insurer’s aggregate limit of liability under this Policy for all ultimate net loss is the amount set forth in Item 6. of the Declarations. The insurer’s obligation to pay any portion of such aggregate limit of liability under this Policy applies: (i) only after the total underlying limits are fully paid and exhausted with respect to any one incident or occurrence; or (ii) after no total underlying limits can be paid as a result of exhaustion of all policy aggregate limits under all underlying policies applicable to the incident or occurrence.

Docusign Envelope ID: ED6AEDC7-4E15-8F5E-8273-EF6DE5A282B3 ASPENV116 0917 Page 2 of 5
2017 © Aspen Insurance U.S. Services Inc. All rights reserved.

Includes copyrighted material of ISO Properties, Inc. used with permission In the event total underlying limits cannot be paid as a result of exhaustion of all policy aggregate limits under all underlying policies, this Policy shall apply subject to the terms, conditions, definitions and exclusions of the followed policy, except where in conflict with the terms of this Policy.

IV. EXCLUSIONS
In addition to the exclusions set forth in the followed policy, this Policy does not apply to ultimate net loss incurred by the insured due to, relating to, or arising from any of the following:

A. Any obligation of the insured under a workers’ compensation, disability benefits or unemployment compensation law or any similar law.

B. Any obligation of the insured under ERISA or COBRA or any similar federal, state or local statute.

C. Any bodily injury, personal injury or property damage arising from any (i) refusal to employ, (ii) wrongful termination or (iii) wrongful employment-related practices, policies, acts or omissions (including but not limited to coercion, demotion, evaluation, reassignment, discipline, defamation, harassment, humiliation or discrimination).

This exclusion applies whether the insured may be liable as an employer or in any other capacity.

D. Any loss, cost or expense payable under or resulting from any first party physical damage coverage, no-fault law, personal injury protection or auto medical payments coverage, or uninsured or underinsured motorist law.

E. Any bodily injury, personal injury or property damage arising from war, whether or not declared, or any act or condition incident to war (including civil war, insurrection, rebellion or revolution).

F. Any claims or damages arising from (i) the quality or performance of the insured’s goods or the insured’s failure to conform to standards, (ii) the failure of goods, products or services to conform with any statement of quality, price or performance made in any advertisement, (iii) the failure to supply or supply on time or (iv) product recall.

G. Property damage to (i) property owned by the insured, (ii) premises the insured sells, gives away or abandons, (iii) property loaned to the insured, (iv) personal property in the care, custody or control of the insured, (v) that 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 or (vi) that part of any property that must be restored, repaired or replaced because the insured’s work was incorrectly performed on it. Provided however items (iii), (iv) and (v) do not apply to liability assumed under a sidetrack agreement.

Notwithstanding anything herein to the contrary, this Policy shall not apply to any coverage provided in any of the underlying policies to which this Policy would otherwise respond that has a sub-limit of less than $1,000,000.

V. CONDITIONS
A. Appeals
If the insurer of any underlying policies or the insured elects not to appeal a judgment in excess of the total underlying limits, the insurer may do so at its own expense. The insurer will be liable for related taxable costs, pre- and post-judgment interest and disbursements, subject to the applicable limit of insurance.

B. Bankruptcy
The bankruptcy or insolvency of the insured will not relieve the insurer of its obligations under this Policy. The bankruptcy, insolvency or inability to pay of any underlying insurer providing any of the underlying policies will not relieve the insurer of its obligations under this Policy; provided the insured shall provide written notice of any such circumstances as soon as practicable. In any such event, this Policy will not drop down or replace any underlying policies and will apply only to the same extent as if such underlying policies were in full force and effect and such underlying insurers were solvent.

Docusign Envelope ID: ED6AEDC7-4E15-8F5E-8273-EF6DE5A282B3 ASPENV116 0917 Page 3 of 5
2017 © Aspen Insurance U.S. Services Inc. All rights reserved.

Includes copyrighted material of ISO Properties, Inc. used with permission C. Cancellation
Except as set forth below, this Policy shall follow the cancellation terms of the followed policy; provided that notwithstanding any other provision of this Policy, in the event of cancellation of the followed policy or of this Policy for non-payment of premium or material fraud or misrepresentation in the application, this Policy shall be void as of the inception date of this policy period and no coverage shall be provided by this Policy.

The first named insured may cancel this Policy by mailing or delivering to insurer advance written notice of cancellation. The insurer may cancel this Policy by mailing or delivering to the first named insured written notice of cancellation at least 10 days before the effective date of cancellation if the insurer cancels for nonpayment of premium or 90 days before the effective date of cancellation if the insurer cancels for any other reason. The insurer will mail or deliver notice to the first named insured’s mailing address set forth in item 10(a) of the Declarations. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. If this Policy is cancelled, the insurer will send the first named insured any premium refund due. If the insurer cancels, the refund will be pro rata. If the first named insured cancels, the refund may be less than pro rata. The cancellation will be effective even if the insurer has not made or offered a refund. If notice is mailed, proof of mailing shall be proof of notice.

D. Notices
Notice to any other insurer under any underlying policy shall not constitute notice under this Policy.

As a condition precedent to coverage under this Policy, the insured must provide written notice to the insurer at the address in item 10(b) of the Declarations and otherwise in the same manner and in the same time required under the followed policy of any incident giving rise to, or which is likely to give rise to, any assertion of coverage under the underlying policies, provided notice to any underlying insurer shall not constitute written notice under this Policy. Upon any such written notice, the premium shall become 100% earned and under no circumstances thereafter shall any return premium become due to the insured.

All other notices to the insurer shall be sent to the address in item 10(b) or 10(c) of the Declarations, as applicable, and otherwise in the same manner and in the same time required under the followed policy. All notices to the insured shall be sent to the address in item 10(a) of the Declarations and otherwise in the same manner and in the same time required under the followed policy.

E. Service of Suit
Service of process shall be made upon the insurer’s counsel at the notice address provided in Item 10.c. of the Declarations. Further, pursuant to any statute of any state, territory, or district of the United States which makes provision therefore, the insurer hereby designates the Superintendent, Commissioner, Director of Insurance, or other officer specified for that purpose in the statute, or his or her successors in office as its true and lawful agent upon whom may be served any lawful process in any action, suit or proceeding instituted by or on behalf of an insured or any beneficiary arising out of this Policy. Nothing in this condition constitutes a waiver of the insurer’s right to commence an action in any court of competent jurisdiction in the United States, to remove an action to a United States District Court, or to seek a transfer of a case to another court as permitted by the laws of the United States or of any state in the United States.

F. Underlying Policies
It is a condition precedent to coverage under this Policy that the insured maintain the underlying policies in full effect during this policy period except for any reduction or exhaustion of the limits thereof solely for payment of claims or expenses to which the underlying policies and this Policy apply. Failure of the insured to maintain the underlying policies shall not invalidate this Policy, provided, however, in the event of such failure, the insurer shall only be liable to the same extent as it would have been had the insured maintained such underlying policies.

Docusign Envelope ID: ED6AEDC7-4E15-8F5E-8273-EF6DE5A282B3 ASPENV116 0917 Page 4 of 5
2017 © Aspen Insurance U.S. Services Inc. All rights reserved.

Includes copyrighted material of ISO Properties, Inc. used with permission The insured shall provide to the insurer the copies of the bound underlying policy(ies) as soon as practicable after they are received by the insured. This Policy shall provide coverage excess of the underlying policy(ies) and follow all terms and conditions of the followed policy, provided that the underlying policy(ies) are consistent with the bound coverage agreed to, and in accordance with the warranties, terms, conditions, exclusions, and limitations contained in the binder(s) for the underlying policy(ies). If there are any differences and/or inconsistencies in coverage between the binder and the bound and issued underlying policy(ies), such differences and/or inconsistencies shall not be binding upon the insurer unless: (i) the insurer agrees to follow such changes by written endorsement issued by the insurer and made part of this Policy; and (ii) the insured pays any additional premium when due as required by the insurer to cover such changes.

Further, if any terms of the underlying policies are changed in any manner from those in effect as of the date of inception of this policy period, the insured shall give the insurer written notice as soon as practicable. Such changes made to the followed policy during this policy period are not automatically included in this Policy but may be incorporated herein only if and when: (i) the insurer agrees to follow such changes by written endorsement issued by the insurer and made part of this Policy; and (ii) the insured pays any additional premium when due as required by the insurer to cover such changes.

This insurance is excess over, and shall not contribute with the underlying policies. The insurer has no duty under this Policy to defend the insured against any claim if any underlying insurer has a duty to defend the insured against that claim. If no other insurer defends, the insurer will undertake to do so, but will be entitled to the insured’s rights against all those other insurers.

G. Unimpaired Aggregate
In the event any underlying insurance aggregate limit is not in full effect as of the inception date of this Policy, the amount by which the underlying insurance aggregate limit has been impaired shall be borne by the insured.

H. Representations
By accepting this Policy, the insured agrees that (i) the statements in the Declaration are accurate and complete, (ii) such statements are based upon representations made by the insured to the insurer, (iii) the insurer has issued this Policy in reliance upon the insured’s representations and (iv) this Policy is void ad initio (from the beginning) in any case of fraud by the insured as it relates to this Policy or any claim under this Policy.

I. Audits
The insurer has the right, but not the obligation, to make inspections and surveys at any time and recommend any changes relating to the insured’s insurability and the premiums to be charged under this Policy. The insurer does not warrant that the conditions of the insured applicable to this Policy are safe or healthful, or comply with applicable laws or standards.

J. Economic and Trade Sanctions
Notwithstanding anything to the contrary provided within this Policy, and as a condition precedent to the obligations of the insurer under this Policy, this insurance does not apply to the extent that trade or economic sanctions or other similar laws or regulations prohibit the insurer from providing insurance.

VI. EXTENDED REPORTING PERIOD
Any automatic extended reporting period or renewal extended reporting period applicable in an underlying policy shall also apply to this Policy in the same manner. Any optional extended reporting period that is available and purchased under an underlying policy will be made available under this Policy for the same duration subject to the same terms and conditions in the applicable underlying policy, and provided that each of the following is satisfied:

A. A written request for the optional extended reporting period is made by the insured and received by the insurer within thirty (30) days after termination of coverage as defined in the applicable underlying policy.

Docusign Envelope ID: ED6AEDC7-4E15-8F5E-8273-EF6DE5A282B3 ASPENV116 0917 Page 5 of 5
2017 © Aspen Insurance U.S. Services Inc. All rights reserved.

Includes copyrighted material of ISO Properties, Inc. used with permission B. The insured pays the additional premium determined by the insurer under this Policy to the insurer when due. If that additional premium is paid when due, the extended reporting period may not be cancelled, provided that all other terms and conditions of this Policy are met.

C. When an optional extended reporting period is available for purchase under this Policy, the premium will not exceed 200% of the premium set forth in Item 4.(c) of the Declarations plus all additional premium charged and will be fully earned when the coverage is purchased.

D. No applicable extended reporting period shall reinstate or increase any limits of insurance of this Policy.

VII. DEFINITIONS
Unless otherwise defined herein, any terms used in this Policy shall follow the meaning provided in the followed policy.

A. First named insured means the entity shown in Item 1. of the Declarations, which entity shall act on behalf of any other insureds for the payment or return of premium, negotiation, receipt and acceptance of any endorsement issued by the insurer and made part of this Policy, and giving or receiving notice of cancellation of this Policy.

B. Followed policy means the policy (including all parts thereof in effect as of the inception date of this policy period) identified in Item 8. of the Declarations.

C. Insured means the first named insured and any other person or entity insured under the underlying policies.

D. Insurer means the entity identified in Item 10.c. of the Declarations.

E. Policy period means the period of time referenced in Item 3. of the Declarations, or any shorter period of time that may occur due to the cancellation or termination of this Policy.

F. Total underlying limits means the total deductible or retention applicable for each loss under all such underlying policies; plus the total each loss limit under all such underlying policies applicable to each loss.

G. Underlying policies means the followed policy and all policies set forth in Item 9. of the Declarations.

H. Ultimate net loss means the total sums paid or payable that the insured becomes legally obligated to pay after making deductions for all recoveries, salvages or other valid and collectible insurance, excepting the underlying policies.

I. Written notice means notice delivered in writing to the insurer at the applicable address set forth in Item 10. of the Declarations which shall include the Policy Number as set forth in Item 2. of the Declarations.

Docusign Envelope ID: ED6AEDC7-4E15-8F5E-8273-EF6DE5A282B3 Policy No.: EX00UFY25
Effective Date: 10/04/2025
Endorsement No.: 0
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ASPCO1133 0322 2022 © Aspen Insurance U.S. Services Inc. All rights reserved. Page 1 of 1

COMPLIANCE WITH TRADE OR ECONOMIC SANCTIONS

ENDORSEMENT
In consideration of the premium charged, it is agreed that:

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 European Union, Australia, United Kingdom or United States of America.

ALL OTHER TERMS, CONDITIONS AND EXCLUSIONS REMAIN UNCHANGED.

Docusign Envelope ID: ED6AEDC7-4E15-8F5E-8273-EF6DE5A282B3 Policy No.:EX00UFY25
Effective Date: 10/04/2025
Endorsement No.:1
ASPENV104 1117 Page 1 of 1
2017 © Aspen Insurance U.S. Services Inc. All rights reserved.

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

EXCLUSION OF CERTIFIED ACTS OF TERRORISM
This endorsement modifies insurance provided under the following:

Commercial Environmental Excess Follow Form Policy
A. The following exclusion is added:

This insurance does not apply to:

TERRORISM
"Any injury or damage" arising, directly or indirectly, out of a "certified act of terrorism".

B. The following definitions are added:

1. For the purposes of this endorsement, "any injury or damage" means any injury or damage covered under any Coverage Part 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.

2. "Certified act of terrorism" means an act that is certified by the Secretary of the Treasury, in accordance with the provisions of the federal Terrorism Risk Insurance Act, to be an act of terrorism pursuant to such Act. The criteria contained in the Terrorism Risk Insurance Act for a "certified act of terrorism" include the following:
a. 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; and
b. 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 the policy or affect the conduct of the United States Government by coercion.

C. The terms and limitations 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 Coverage Part.

All other terms and conditions of this Policy remain unchanged.

Docusign Envelope ID: ED6AEDC7-4E15-8F5E-8273-EF6DE5A282B3 Policy No.: EX00UFY25
Effective Date: 10/04/2025
Endorsement No.: 2
ASPENV649 0917 Page 1 of 1
2017 © Aspen Insurance U.S. Services Inc. All rights reserved.

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

MINIMUM EARNED PREMIUM ENDORSEMENT
It is hereby agreed that Section V. CONDITIONS, paragraph C. Cancellation, of the Policy is deleted in its entirety and replaced it with the following:

Cancellation
Except as set forth below, this Policy shall follow the cancellation terms of the followed policy; provided that notwithstanding any other provision of this Policy, in the event of cancellation of the followed policy or of this Policy for non-payment of premium or material fraud or misrepresentation in the application, this Policy shall be void as of the inception date of this policy period and no coverage shall be provided by this Policy.

The first named insured may cancel this Policy by delivering advance written notice of cancellation to the insurer.

Upon cancellation under this Paragraph, any unearned premium shall be paid to the first named insured calculated on a short rate basis after applying the Minimum Earned Premium scheduled below.

The insurer may cancel this Policy due to non-payment of premium or Deductible, or fraud or material misrepresentation on the part of the first named insured in the application, in each instance by providing written notice of cancellation to the first named insured. Any written notice of cancellation for non-payment of premium or fraud or material misrepresentation shall be mailed at least 15 days before the effective date of cancellation; provided in the event of any such fraud or material misrepresentation, the insurer retains the right to provide notice that the Policy is void ab initio. Any written notice of cancellation for non-payment of Deductible or for any other reason shall be mailed at least 90 days before the effective date of cancellation. Upon any cancellation under this Paragraph, any unearned premium shall be paid to the first named insured calculated on a pro rata basis after applying the Minimum Earned Premium scheduled below.

Minimum Earned Premium Schedule
% of the total premium set forth in the Declarations shall be earned as of the:
25% Inception date

All other terms and conditions of this Policy remain unchanged.

Docusign Envelope ID: ED6AEDC7-4E15-8F5E-8273-EF6DE5A282B3 Policy No.:EX00UFY25
Effective Date: 10/04/2025
Endorsement No.:3
ASPENV118 1117 Page 1 of 1
2017 © Aspen Insurance U.S. Services Inc. All rights reserved.

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

NUCLEAR, BIOLOGICAL, CHEMICAL, OR RADIOLOGICAL TERRORISM EXCLUSION This endorsement modifies insurance provided under this Policy.

TO THE EXTENT ANY PROVISION OF THIS ENDORSEMENT CONFLICTS WITH ANY PROVISION OF THE POLICY OR ANY OF ITS OTHER ENDORSEMENTS, THE PROVISIONS OF THIS ENDORSEMENT WILL SUPERSEDE.

In consideration of the premium charged, it is agreed that:

1. Notwithstanding anything to the contrary contained within the Policy, the following exclusion is added to the Policy:

Nuclear, Biological, Chemical, Or Radiological Terrorism No coverage will be available under this insurance for any loss, cost, damage, expense, injury, claim or suit, caused by, arising out of, or resulting directly or indirectly, in whole or in part from any act of Nuclear, Biological, Chemical, Or Radiological Terrorism, regardless of any other cause or event that contributes concurrently or in any other sequence to the act of Nuclear, Biological, Chemical, Or Radiological Terrorism.

2. For the purpose of this Endorsement the following Definitions are added to the Policy:

Biological Agent means any pathogenic (disease producing) micro-organism(s) and/or biological produced toxin(s), including genetically modified organisms and chemically synthesized toxin(s) which caused illness, damage, injury or death in humans, animals, or plants.

Chemical Agent means any compound which, when disseminated, produces incapacitating illness, or damaging and/or lethal effects on people, animals, plants, or property.

Nuclear, Biological, Chemical, Or Radiological Terrorism means the:
a. Dispersal, application, or release of radioactive material; b. Use of any nuclear weapon or device that involves or produces a nuclear reaction, nuclear radiation, or radioactive contamination; or
c. Emission, discharge, dispersal, release, or escape of any solid, liquid or gaseous Biological Agent and/or Chemical Agent;
by any person or group(s) of persons, whether acting alone, or on behalf of or in connection with any organization(s) or government(s), committed for political, religious, ideological purposes or reasons, including the intention to influence any government and/or to put the public, or any section of the public, in fear.

All other terms and conditions of this Policy remain unchanged.

Docusign Envelope ID: ED6AEDC7-4E15-8F5E-8273-EF6DE5A282B3 Policy No.: EX00UFY25
Effective Date: 10/04/2025
Endorsement No.: 4
ASPENV029 0423 Page 1 of 2
2023 © Aspen Insurance U.S. Services Inc. All rights reserved.

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

PERFLUORINATED COMPOUNDS EXCLUSION ENDORSEMENT
It is hereby agreed that the Policy is amended as follows:

1. The following is added to Section IV. EXCLUSIONS of the Policy:

Any loss, cost or expense, or any liability based upon, arising from or alleged to have resulted from, caused or contributed by:
a. exposure to, inhalation of, ingestion of, absorption of, the presence of, or the use of PFAS in any form, or chemical compounds containing PFAS; or
b. the discharge, emission, seepage, migration, dispersal, release or escape of PFAS into or upon land, or any structure on land, the atmosphere or any watercourse or body of water including groundwater; Any loss, cost or expense, or any liability arising in whole, or in part, out of any (i) claims made or suits brought by or on behalf of any governmental authority or any other party because of; or (ii) request, demand, order or statutory or regulatory requirement that any insured or any other person or entity is, or should be responsible for:
a. Assessing the presence, absence or amount or effects of PFAS in any form, or chemical compounds containing PFAS;
b. Identifying, sampling or testing for, detecting, monitoring, cleaning up, removing, containing, treating, detoxifying, neutralizing, abating, disposing of or mitigating chemical compounds containing PFAS; or c. Responding to PFAS in any form, or chemical compounds containing PFAS, in any other way; Any supervision, instructions, recommendations, warnings or advice given or which should have been given in connection with any of the subsections above; or
Any obligation to share damages with or repay someone else in connection with any of the subsections above.

This exclusion shall apply without regard to the source or sources of PFAS, or the basis of the insured’s actual or alleged negligence or responsibility. This exclusion includes defects or negligence in design, construction, or materials, or any other event, conduct or misconduct, which may have or is claimed to have precipitated, caused or acted jointly, concurrently or in any sequence with PFAS in any form, or chemical compounds containing PFAS, in causing injury or damage.

2. For the purposes of this Endorsement the following definition is added:

PFAS means:
a. perfluoroalkyl or polyfluoroalkyl substances, including but not limited to perfluoroakyl acids (PFAAs), perfluorooctanoic acid (PFOA), perfluorooctane sulfonate (PFOS), perfluoroheptanoic acid (PFHpA), perfluorononanoic acid (PFNA), perfluorohexanesulfonic acid (PFHxS), GenX, “C8”, “ADONA,” perfluoroalkane sulfonyl fluoride (PASF), perfluorobutanesulfonic acid (PFBS), polytetrafluoroethylene (PTFE), perfluoropolyethers (PFPEs), fluoropolymers, perfluorononanoic acid, or ammonium perfluorooctanoate, or any associated salts, acids, alcohols, precursor chemicals, related higher homologue chemicals; or
b. any breakdown or byproducts of any of the items listed in subsection a. above.

Docusign Envelope ID: ED6AEDC7-4E15-8F5E-8273-EF6DE5A282B3 ASPENV029 0423 Page 2 of 2
2023 © Aspen Insurance U.S. Services Inc. All rights reserved.

3. This Policy shall not recognize reduction or exhaustion of the underlying policies by any claim or suit or payment of loss, cost or expense excluded by this endorsement.

All other terms and conditions of this Policy remain unchanged.

Docusign Envelope ID: ED6AEDC7-4E15-8F5E-8273-EF6DE5A282B3 Policy No.:EX00UFY25
Effective Date: 10/04/2025
Endorsement No.:5
ASPENV120 1117 Page 1 of 2
2017 © Aspen Insurance U.S. Services Inc. All rights reserved.

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

TOTAL TERRORISM EXCLUSION
This endorsement modifies insurance provided under this Policy.

In consideration of the premium charged, it is agreed that:

A. The following exclusion is added to the Policy:

Terrorism
This insurance does not apply to any loss, cost, damage, expense, injury, claim or suit, caused by, arising out of, or resulting directly or indirectly, in whole or in part from any act of any Terrorism, including action in hindering or defending against an actual or expected incident of Terrorism. Such loss or damage is excluded regardless of any other cause or event that contributes concurrently or in any sequence to the loss.

B. Application Of Other Exclusions
The terms and limitations of any terrorism exclusion, or the inapplicability or omission of a terrorism exclusion, do not serve to create coverage for any loss or damage which would otherwise be excluded under this Policy, such as losses excluded by the Nuclear Hazard Exclusion or the War And Military Action Exclusion.

C. For the purposes of this Endorsement the following Definitions are added to the Policy:

1. Biological Agent means any pathogenic (disease producing) micro-organism(s) and/or biological produced toxin(s), including genetically modified organisms and chemically synthesized toxin(s) which caused illness, damage, injury or death in humans, animals, or plants.

2. Chemical Agent means any compound which, when disseminated, produces incapacitating illness, or damaging and/or lethal effects on people, animals, plants, or property.

3. Terrorism means any act that:
a. involves the use of force or violence against person or property; or b. is dangerous to human life or property; or
c. involves the actual, alleged or threatened use, release, escape, dispersal, application and/or existence of:
(1) Any nuclear reaction;
(2) Radioactive materials or Nuclear Materials in any form and from any source; (3) Radionuclides;
(4) Radiation emitted from any radioactive source whether natural or manmade; Docusign Envelope ID: ED6AEDC7-4E15-8F5E-8273-EF6DE5A282B3 ASPENV120 1117 Page 2 of 2
2017 © Aspen Insurance U.S. Services Inc. All rights reserved. (5) Electromagnetic pulses; or
(6) Pathogenic or poisonous Chemical Agent or Biological Agent, whether natural, manmade, living or dead; and
d. is undertaken by any group or person, whether or not acting on behalf of or in any connection with any organization, government, power, authority or military force, when the effect is to intimidate, coerce or harm:
(1) a government;
(2) the civilian population of a country, state or community; or (3) to disrupt the economy of a country, state or community.

4. Nuclear Materials means source material, special nuclear material or by-product material. Source material, special nuclear material, and by-product material have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof.

All other terms and conditions of this Policy remain unchanged.

Docusign Envelope ID: ED6AEDC7-4E15-8F5E-8273-EF6DE5A282B3 ASPENV431 1117 Page 1 of 1
2017 © Aspen Insurance U.S. Services Inc. All rights reserved.

ASPEN ENVIRONMENTAL EMERGENCY

RESPONSE HOTLINE
24/7 SERVICE
877-337-9936
(PRESS 1)
Environmental emergency response service through our hotline is a value-added service designed to assist Aspen Insureds with access to emergency response vendors for environmental related emergency, regardless of whether the emergency is covered under any Aspen Policy. As an Aspen Insured, in the event of an environmental emergency, this hotline gives you access through Hydro-Environmental Technologies, Inc. (HETI) to a nationwide network of contractors at pre-negotiated rates, with no added fees or registration costs to you.

Use of our hotline or HETI to perform or arrange any services or use of any services arranged through our hotline or HETI does not imply that your emergency or any incident is covered under any Aspen Policy or that your notice requirement under your Aspen Policy for filling a claim or requesting coverage is satisfied. Please refer to your Aspen Policy for coverage information and for required notifications procedures. Coverage and timely notice depends on the actual facts of each incident and each individual Aspen Policy in accordance with terms of your Aspen Policy. Services accessed through our hotline will be provided by non-Aspen third parties after retention of such third parties by you.

Docusign Envelope ID: ED6AEDC7-4E15-8F5E-8273-EF6DE5A282B3 UX 1002 (Ed. 08 10) Page 1 of 3
AXIS Surplus Insurance Company
Design Professional & Environmental
Follow Form Excess Insurance Policy

DECLARATIONS

SUBJECT TO THE PROVISIONS OF THE UNDERLYING INSURANCE, THIS POLICY MAY ONLY APPLY TO CLAIMS FIRST MADE AGAINST THE INSUREDS DURING THE POLICY PERIOD. THE LIMITS OF LIABILITY

AVAILABLE TO PAY DAMAGES OR SETTLEMENT AMOUNTS SHALL BE REDUCED AND MAY BE TOTALLY EXHAUSTED BY PAYMENT OF CLAIM EXPENSE. PLEASE READ THIS POLICY CAREFULLY.

1. THE INSURANCE POLICY THAT YOU HAVE PURCHASED IS BEING ISSUED BY AN INSURER THAT IS NOT LICENSED BY THE STATE OF CALIFORNIA. THESE COMPANIES ARE CALLED "NONADMITTED" OR "SURPLUS LINE" INSURERS.

2. THE INSURER IS NOT SUBJECT TO THE FINANCIAL SOLVENCY REGULATION AND ENFORCEMENT THAT APPLY TO CALIFORNIA LICENSED INSURERS.

3. THE INSURER DOES NOT PARTICIPATE IN ANY OF THE INSURANCE GUARANTEE FUNDS CREATED BY CALIFORNIA LAW. THEREFORE, THESE FUNDS WILL NOT PAY YOUR CLAIMS OR PROTECT YOUR ASSETS IF THE INSURER BECOMES INSOLVENT AND IS UNABLE TO MAKE PAYMENTS AS PROMISED.

4. THE INSURER SHOULD BE LICENSED EITHER AS A FOREIGN INSURER IN ANOTHER STATE IN THE UNITED STATES OR AS A NON-UNITED STATES (ALIEN) INSURER. YOU SHOULD ASK QUESTIONS OF YOUR INSURANCE AGENT, BROKER, OR "SURPLUS LINE" BROKER OR CONTACT THE CALIFORNIA DEPARTMENT OF INSURANCE AT THE TOLL-FREE NUMBER 1-800-927-4357 OR INTERNET WEBSITE WWW.INSURANCE.CA.GOV. ASK WHETHER OR NOT THE INSURER IS LICENSED AS A FOREIGN OR NONUNITED STATES (ALIEN) INSURER AND FOR ADDITIONAL INFORMATION ABOUT THE INSURER. YOU MAY ALSO VISIT THE NAIC'S INTERNET WEBSITE AT WWW.NAIC.ORG. THE NAIC--THE NATIONAL

ASSOCIATION OF INSURANCE COMMISSIONERS--IS THE REGULATORY SUPPORT ORGANIZATION CREATED AND GOVERNED BY THE CHIEF INSURANCE REGULATORS IN THE UNITED STATES.

5. FOREIGN INSURERS SHOULD BE LICENSED BY A STATE IN THE UNITED STATES AND YOU MAY CONTACT THAT STATE'S DEPARTMENT OF INSURANCE TO OBTAIN MORE INFORMATION ABOUT THAT INSURER.

YOU CAN FIND A LINK TO EACH STATE FROM THIS NAIC INTERNET WEBSITE:

HTTPS://NAIC.ORG/STATE_WEB_MAP.HTM.

6. FOR NON-UNITED STATES (ALIEN) INSURERS, THE INSURER SHOULD BE LICENSED BY A COUNTRY

OUTSIDE OF THE UNITED STATES AND SHOULD BE ON THE NAIC'S INTERNATIONAL INSURERS DEPARTMENT (IID) LISTING OF APPROVED NONADMITTED NON-UNITED STATES INSURERS. ASK YOUR AGENT, BROKER, OR "SURPLUS LINE" BROKER TO OBTAIN MORE INFORMATION ABOUT THAT INSURER.

7. CALIFORNIA MAINTAINS A "LIST OF APPROVED SURPLUS LINE INSURERS (LASLI)." ASK YOUR AGENT

OR BROKER IF THE INSURER IS ON THAT LIST, OR VIEW THAT LIST AT THE INTERNET WEBSITE OF THE CALIFORNIA DEPARTMENT OF INSURANCE: WWW.INSURANCE.CA.GOV/01-CONSUMERS/120- COMPANY/07-LASLI/LASLI.CFM.

Docusign Envelope ID: ED6AEDC7-4E15-8F5E-8273-EF6DE5A282B3 UX 1002 (Ed. 08 10) Page 2 of 3

8. IF YOU, AS THE APPLICANT, REQUIRED THAT THE INSURANCE POLICY YOU HAVE PURCHASED BE

EFFECTIVE IMMEDIATELY, EITHER BECAUSE EXISTING COVERAGE WAS GOING TO LAPSE WITHIN TWO

BUSINESS DAYS OR BECAUSE YOU WERE REQUIRED TO HAVE COVERAGE WITHIN TWO BUSINESS DAYS,

AND YOU DID NOT RECEIVE THIS DISCLOSURE FORM AND A REQUEST FOR YOUR SIGNATURE UNTIL

AFTER COVERAGE BECAME EFFECTIVE, YOU HAVE THE RIGHT TO CANCEL THIS POLICY WITHIN FIVE DAYS OF RECEIVING THIS DISCLOSURE. IF YOU CANCEL COVERAGE, THE PREMIUM WILL BE PRORATED AND ANY BROKER'S FEE CHARGED FOR THIS INSURANCE WILL BE RETURNED TO YOU.

COMPANY: AXIS Surplus Insurance Company
POLICY NUMBER: ELZ679864/01/2025 RENEWAL OF: N/A

BROKER OF RECORD
National E&S Insurance Brokers, Inc.
200 S. Virginia St., Suite 710
Reno, NV 89501

BROKER CONTACT
Ross Driscoll Sr.
661-266-4444
[email protected]
Item 1. Named Insured
Terraphase Engineering Inc.
1300 Clay Street, Suite 1000
Oakland, CA 94612
Item 2. Policy Period
a. Inception Date 10/04/2025
b. Expiration Date 10/04/2026
Both dates at 12:01 a.m. at the address listed in Item 1.

Item 3. Limits of Liability (inclusive of Claim Expense):
a. Each Claim $5,000,000
b. Aggregate Limit of Liability for all Claim(s)
during the Policy Period $5,000,000
Item 4. Underlying Insurance:
a. Total Limits of Underlying Insurance
Each Claim Limit of Liability: $11,000,000
Aggregate Limit of Liability: $11,000,000
b. Primary Policy
Policy Period: Inception Date: 10/04/2025 Expiration Date: 10/04/2026 Insurer: Crum & Forster Specialty Insurance Company
Policy No: EPK-160591
Coverage: Combined General Liability, Contractors Pollution Liability & Errors & Omissions Each Claim Limit of Liability: $5,000,000
Aggregate Limit of Liability: $5,000,000
c. First Excess Layer
Policy Period: Inception Date: 10/04/2025 Expiration Date: 10/04/2026 Insurer: Aspen Specialty Insurance Company
Policy No.: EX00UFY25
Coverage: Excess Liability
Each Claim Limit of Liability: $6,000,000
Aggregate Limit of Liability: $6,000,000
d. Employers Liability
Policy Period: Inception Date: 10/04/2025 Expiration Date: 10/04/2026 Insurer: National Fire Insurance Company of Hartford
Policy No.: WC 8 35077793
Policy Limits: $1,000,000 Each Accident
$1,000,000 Each Employee Limit
Docusign Envelope ID: ED6AEDC7-4E15-8F5E-8273-EF6DE5A282B3 UX 1002 (Ed. 08 10) Page 3 of 3
$1,000,000 Policy Limit
e. Employers Liability
Policy Period: Inception Date: 10/04/2025 Expiration Date: 10/04/2026 Insurer: National Fire Insurance Company of Hartford
Policy No.: WC 8 35077812
Policy Limits: $1,000,000 Each Accident
$1,000,000 Each Employee Limit
$1,000,000 Policy Limit
Item 5. Premium Retroactive Date: Per Primary Item 6.
a. Total Policy Premium: $37,565
(Minimum & Deposit)
b. Surcharges and Assessments
(included in Total): $0.00
Item 7. See attached Schedule of Forms and Endorsements Endorsements Attached at Inception:

Item 8. Notices to Insurer
Notice of Claim(s) To Be Sent To: All Other Notices To Be Sent To:

AXIS AXIS
Claims Department Design Professionals & Environmental
P.O. Box 3384 P.O. Box 3384
Alpharetta, GA 30023 Alpharetta, GA 30023
Email: [email protected]
Premium: $37,565.00
Broker Fee: $800.00
Surplus Lines Tax (3%): $1,126.95
Stamping Fee (0.18%): $67.62
Total Cost to Insured: $39,559.57
Docusign Envelope ID: ED6AEDC7-4E15-8F5E-8273-EF6DE5A282B3 DE 0001 (Ed. 01 11) Page 1 of 1
Schedule of Forms and Endorsements
COMPANY: AXIS Surplus Insurance Company
POLICY NUMBER: ELZ679864/01/2025 RENEWAL OF: N/A

NAMED INSURED
Name: Terraphase Engineering Inc.

Address: 1300 Clay Street, Suite 1000
Oakland, CA 94612

BROKER OF RECORD
Name: National E&S Insurance Brokers, Inc.

Address: 200 S. Virginia St., Suite 710
Reno, NV 89501
Form Number Title Endorsement Number
UX 1002 (Ed. 08 10) Declarations Page
DE 0001 (Ed. 01 11) Schedule of Forms and Endorsements
UX 1001 (Ed. 08 10) Follow Form Excess Insurance Policy AXIS 102 ASIC (Ed. 04 15) AXIS Surplus Insurance Company Signature Page AXIS 906 (Ed. 03 16) OFAC Notice
AXIS 105CA 0622 CA Notice
AXIS 106 CA 0622 Service of Suit Endorsement 1
AXIS 1012679 (03-20) Coronavirus Endorsement 2
UX 0010 (Ed. 06 12) Minimum Earned Premium Endorsement 3 UX 0011 (Ed. 10 13) Changes to Underlying Insurance Endorsement 4 AXIS 1013152 0822 Per- And Polyfluoroalkyl Substances (PFAS) Exclusion 5 UX 0012 (Ed. 11 13) Non-Followed Coverage Endorsement 6 Docusign Envelope ID: ED6AEDC7-4E15-8F5E-8273-EF6DE5A282B3 UX 1001 (Ed. 08 10) Page 1 of 4
AXIS Surplus Insurance Company
Design Professional and Environmental
Follow Form Excess Insurance Policy
Please read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this Policy the words “you” and “your” refer to the Named Insured shown on the Declarations, and any other person or organization qualifying as an Insured under this Policy. The words “we”, “us” and “our” refer to the Company providing this insurance as specified in the Declarations. Words and phrases that appear in Bold have special meaning as described in Section II. DEFINITIONS.

In consideration of the payment of the premium and in reliance upon all statements made in the application(s) for this Policy and the Underlying Insurance and all information furnished to us and to any or all of the Underlying Insurers, and subject to the provisions of this Policy, we agree with you as follows:

I. INSURING AGREEMENT
We shall provide insurance for Ultimate Net Loss in excess of the total limits of liability and any retentions or deductibles required by the Underlying Insurance as set forth in Item 4. of the Declarations. Except as provided herein, coverage under this Policy shall apply in conformance with the provisions of the Primary Policy and, to the extent that coverage is further limited or restricted thereby, to any other Underlying Insurance. In no event shall this Policy grant broader coverage than would be provided by the most restrictive policy constituting any part of the Underlying Insurance.

This Policy shall apply only after all Underlying Insurance has been reduced or exhausted by the actual payment of Ultimate Net Loss to which this Policy applies, and only after you have paid any retention or deductible amounts set forth by the Primary Policy and other exhausted Underlying Insurance.

II. DEFINITIONS
A. Claim shall have the meaning provided in the Primary Policy.

B. Claim Expense shall have the meaning provided in the Primary Policy.

C. Damages shall have the meaning provided in the Primary Policy.

D. Insured means the Named Insured and those persons designated as Insured under the Primary Policy.

E. Named Insured means the individual, partnership or corporation designated in Item 1. of the Declarations.

F. Policy Period means the period of time designated in Item 2. of the Declarations, or any reduced or extended period of time as provided by endorsement to this Policy.

G. Primary Policy means the policy designated in Item 4.b. of the Declarations.

H. Sublimit means a limit of liability set forth in the Primary Policy or Underlying Insurance that:

1. Applies only to a particular grant of coverage under the Primary Policy or Underlying Insurance; and

2. Reduces and is part of the otherwise applicable limits of liability of the Primary Policy or Underlying Insurance as set forth in Item 4. of the Declarations.

I. Underlying Insurance means those policy(ies) designated in Item 4. of the Declarations, including the Primary Policy.

J. Underlying Insurers means those Insurance Companies designated in Item 4. of the Declarations.

K. Ultimate Net Loss means the total amount that you have actually paid as Damages, less any recoveries and salvages which have been or will be paid, for a covered Claim resolved either by adjudication or a settlement to which we agree in writing. Ultimate Net Loss includes Claim Expense incurred with respect Docusign Envelope ID: ED6AEDC7-4E15-8F5E-8273-EF6DE5A282B3 UX 1001 (Ed. 08 10) Page 2 of 4
to a Claim covered under the policy. Ultimate Net Loss does not include your overhead expenses, office costs, salaries, or lost profit.

III. MAINTENANCE OF UNDERLYING INSURANCE
As a condition precedent to coverage under this Policy, you agree to maintain the Underlying Insurance in full force and effect with solvent insurers throughout the Policy Period, except for reduction or exhaustion of such limits as set forth in Section IV. below. Failure to maintain the Underlying Insurance in full force and effect will not invalidate this Policy, but in the event of such failure, we shall only be liable to the same extent we would have been had you complied with this condition. You will be deemed to have retained as selfinsured any amounts not paid by the Underlying Insurers.

If during the Policy Period the provisions of the Primary Policy are changed in any manner, as a condition precedent to coverage under this Policy you must notify us of the change in writing as soon as practicable but in no event later than thirty (30) days following the effective date of such change. No amendment to the Primary Policy or any Underlying Insurance shall be recognized by this Policy unless reported to us and accepted by us in writing. You shall furnish to us full particulars of any such change including any adjustment to premium of the Underlying Insurance. If there is an increase in risk and/or premium of the Primary Policy, then the premium for this Policy may also be adjusted.

As a condition precedent to coverage under this Policy you must notify us in writing as soon as practicable but in no event later than thirty (30) days thereafter of:

A. The exhaustion of the aggregate limit of liability of any Underlying Insurance, B. Any Underlying Insurance not being maintained in full effect during the Policy Period, or C. An Underlying Insurer becoming subject to a receivership, liquidation, dissolution, rehabilitation or similar proceeding or being taken over by any regulatory authority.

IV. REDUCTION OR EXHAUSTION OF UNDERLYING LIMITS
Our liability shall attach only in the event of the reduction or exhaustion of the limits of liability of the Underlying Insurance as a result of payment of Ultimate Net Loss covered thereunder as follows:

A. In the event of a reduction in the limits of liability of the Underlying Insurance, this Policy shall continue to apply as excess over the reduced limits of liability; B. In the event of an exhaustion of the limits of liability of the Underlying Insurance, this Policy shall continue in force as primary insurance excess of the per Claim self insured retention or deductible in the Primary Policy, and such self insured retention or deductible shall be applied to any subsequent loss as specified in the Primary Policy.

This Policy shall not drop down for any reason other than those listed above, including but not limited to uncollectibility (in whole or in part) of any Underlying Insurance. The risk of uncollectibility of such Underlying Insurance whether due to financial impairment or insolvency of the Underlying Insurers or for any other reason, is expressly retained by you and is not in any way assumed by us.

For the purpose of determining the attachment of this Policy, the limits of the Underlying Insurance will not be reduced or exhausted by reason of any liability paid thereunder for Claim(s) not covered under this Policy or any endorsement hereto.

If any Claim is subject to a Sublimit by any Underlying Insurance, the limit of liability of this Policy shall not apply to loss arising from such Claim after exhaustion of such Sublimit. However, any payment made under the Sublimit will be recognized as an erosion of the limits of liability of the Underlying Insurance.

Docusign Envelope ID: ED6AEDC7-4E15-8F5E-8273-EF6DE5A282B3 UX 1001 (Ed. 08 10) Page 3 of 4
V. LIMITS OF LIABILITY
The amount stated in Item 3.a. of the Declarations is the maximum limit that we will pay as Ultimate Net Loss in excess of the Underlying Insurance for each Claim under the Primary Policy. This amount shall be part of and not in addition to the amount stated in Item 3.b. in the Declarations.

The amount stated in Item 3.b. of the Declarations shall be the maximum aggregate amount payable by us under this Policy with respect to all Claims during the Policy Period, regardless of the number of: Insureds; Claims made or suits brought; or persons or organizations making Claims or bringing suits.

VI. DEFENSE AND SETTLEMENT
You have the sole responsibility for the investigation, settlement, defense, and final disposition of any Claim or suit brought to which this Policy applies. You shall settle all Claims or suits which reasonably should be settled provided, however, that you shall not make or agree to any settlement for any sum involving the Underlying Insurance or this Policy without our written consent.

We may at our sole discretion elect to participate in the investigation, settlement, or defense of any Claim(s) or suit covered by this Policy which in our opinion involves or appears to involve coverage under this Policy, even if the Underlying Insurance has not been exhausted. If we elect to so participate, you shall fully cooperate with us. Your duty to cooperate with us is a condition precedent to coverage under this Policy and your failure to cooperate shall relieve us of our liability.

It is agreed that all Claim Expense(s) incurred by you or by us on your behalf shall be applied against the Limit of Liability shown in Item 3. of the Declarations.

VII. REPORT OF CLAIMS
As a condition precedent to coverage under this Policy, you shall provide us written notice of a Claim or any situation that could give rise to a Claim under this Policy or any Underlying Insurance in the same manner required by the terms and conditions of the Primary Policy. The written notice must contain full particulars of such Claim or situation and must be provided as soon as practicable to the address specified in Item 9. of the Declarations.

VIII. TERMINATION OF THIS POLICY
It is agreed that this Policy will follow the terms and conditions of the Primary Policy with regard to termination due to material change in the risk, or merger, consolidation or acquisition of the Named Insured.

IX. GENERAL CONDITIONS
A. Bankruptcy
It is agreed that your bankruptcy or insolvency shall not relieve us of our obligations under this Policy. In the event of receivership, insolvency, and/or inability to pay by any Underlying Insurer for any reason, this Policy shall operate as if such Underlying Insurance were available and collectible. Our liability under this Policy shall in no way be increased or expanded as a result of such Underlying Insurer’s receivership, insolvency or inability to pay.

B. Cancellation
Except as provided below, cancellation of this Policy shall follow the terms and conditions of the Primary Policy.

We may cancel this Policy for nonpayment of premium by delivering or mailing to you written notice stating when, not less than ten (10) days thereafter, such cancellation shall become effective. The delivery or mailing of such notice shall be sufficient proof thereof and this Policy and the Policy Period shall terminate as specified in our notice to you.

Docusign Envelope ID: ED6AEDC7-4E15-8F5E-8273-EF6DE5A282B3 UX 1001 (Ed. 08 10) Page 4 of 4
C. Choice of Law and Jurisdiction
If a dispute arises over the meaning, interpretation or operation of any term, condition, definition or provision of this Policy, you agree with us that the law of the State of New York shall apply and that all litigation, arbitration or other form of dispute resolution shall take place in New York, NY. In the event that you agree with us to resolve the dispute by arbitration, the Commercial Arbitration rules of the American Arbitration Association shall apply.

D. Legal Action Against Us
It is agreed that no legal action may be brought against us until there has been full compliance with all the terms and conditions of the Underlying Insurance and of this Policy, including a written acknowledgment by us that we agree that you have an obligation to pay or until the amount of that obligation has been finally determined by judgment after trial. No person or organization has a right under this Policy to bring us into an action to determine your liability.

E. Other Insurance
If other policies of insurance provide similar coverage for Claim(s) in whole or in part, this Policy shall apply in excess of those policies and this Policy shall not contribute on a pro-rata or other basis with such other insurance. However, with respect to the Underlying Insurance described in Item 4. of the Declarations, this Policy shall only apply when the Limit of Liability is exhausted upon the actual payment by the Underlying Insurers of Ultimate Net Loss and in no way shall this Policy contribute on a pro rata basis with the Underlying Insurance. However, this provision shall not apply with respect to any policies of insurance specifically purchased to be excess of this Policy and in which this Policy is scheduled in writing as Underlying Insurance.

F. Policy Modification
No modification of this Policy shall be effective unless made by endorsement signed ay our authorized representative.

G. Rights of Recovery and Subrogation
If we make any payment under this Policy, we shall be subrogated to your rights or recovery against any person or organization. We shall have the right to participate with you and any Underlying Insurer in the exercise of all your rights of recovery. You shall execute and deliver instruments and papers to us and do whatever else is necessary to secure such rights, and you shall do nothing to prejudice such rights.

Any amount recovered after payment under this Policy and any Underlying Insurance shall be apportioned among us and the Underlying Insurers net of the expense of such recovery in the reverse order of actual payment. The expenses attendant to such recovery shall be apportioned among those benefiting from the recovery in proportion to the amount of benefit to each party Docusign Envelope ID: ED6AEDC7-4E15-8F5E-8273-EF6DE5A282B3 AXIS 102 ASIC 0415 Page 1

SIGNATURE PAGE
IN WITNESS WHEREOF, the Insurer has caused this policy to be issued by affixing hereto the facsimile signatures of its President and Secretary.

Andrew Weissert, Secretary Michael McKenna, President
Docusign Envelope ID: ED6AEDC7-4E15-8F5E-8273-EF6DE5A282B3 AXIS 906 (03-16) Page 1 of 1

POLICYHOLDER NOTICE

ECONOMIC AND TRADE SANCTIONS
This Notice provides information concerning possible impact on your insurance coverage due to directives issued by the Office of Foreign Assets Control (OFAC).

THE OFFICE OF FOREIGN ASSETS CONTROL ("OFAC") OF THE US DEPARTMENT OF THE TREASURY

ADMINISTERS AND ENFORCES ECONOMIC AND TRADE SANCTIONS BASED ON US FOREIGN POLICY AND

NATIONAL SECURITY GOALS AGAINST TARGETED FOREIGN COUNTRIES AND REGIMES, TERRORISTS,

INTERNATIONAL NARCOTICS TRAFFICKERS, THOSE ENGAGED IN ACTIVITIES RELATED TO THE

PROLIFERATION OF WEAPONS OF MASS DESTRUCTION, AND OTHER THREATS TO THE NATIONAL SECURITY, FOREIGN POLICY OR ECONOMY OF THE UNITED STATES.

WHENEVER COVERAGE PROVIDED BY THIS POLICY WOULD BE IN VIOLATION OF ANY U.S. ECONOMIC OR TRADE SANCTIONS, SUCH COVERAGE SHALL BE NULL AND VOID.

FOR MORE INFORMATION, PLEASE REFER TO:

HTTPS://WWW.TREASURY.GOV/RESOURCE-CENTER/SANCTIONS/PAGES/DEFAULT.ASPX Docusign Envelope ID: ED6AEDC7-4E15-8F5E-8273-EF6DE5A282B3

AXIS SURPLUS INSURANCE
AXIS 105CA 0622 Page 1 of 3

CALIFORNIA POLICYHOLDER NOTICE

1. THE INSURANCE POLICY THAT YOU HAVE PURCHASED IS

BEING ISSUED BY AN INSURER THAT IS NOT LICENSED
BY THE STATE OF CALIFORNIA. THESE COMPANIES ARE
CALLED “NONADMITTED” OR “SURPLUS LINE”
INSURERS.

2. THE INSURER IS NOT SUBJECT TO THE FINANCIAL

SOLVENCY REGULATION AND ENFORCEMENT THAT
APPLY TO CALIFORNIA LICENSED INSURERS.

3. THE INSURER DOES NOT PARTICIPATE IN ANY OF THE

INSURANCE GUARANTEE FUNDS CREATED BY
CALIFORNIA LAW. THEREFORE, THESE FUNDS WILL NOT

PAY YOUR CLAIMS OR PROTECT YOUR ASSETS IF THE

INSURER BECOMES INSOLVENT AND IS UNABLE TO
MAKE PAYMENTS AS PROMISED.

4. THE INSURER SHOULD BE LICENSED EITHER AS A

FOREIGN INSURER IN ANOTHER STATE IN THE UNITED
STATES OR AS A NON-UNITED STATES (ALIEN) INSURER.

YOU SHOULD ASK QUESTIONS OF YOUR INSURANCE
AGENT, BROKER, OR “SURPLUS LINE” BROKER OR

CONTACT THE CALIFORNIA DEPARTMENT OF

INSURANCE AT THE FOLLOWING TOLL-FREE
TELEPHONE NUMBER 1-800-927-4357. ASK WHETHER OR
NOT THE INSURER IS LICENSED AS A FOREIGN OR NONUNITED STATES (ALIEN) INSURER AND FOR ADDITIONAL INFORMATION ABOUT THE INSURER. YOU MAY ALSO
Docusign Envelope ID: ED6AEDC7-4E15-8F5E-8273-EF6DE5A282B3

AXIS SURPLUS INSURANCE
AXIS 105CA 0622 Page 2 of 3
CONTACT THE NAIC’S INTERNET WEBSITE AT
WWW.NAIC.ORG.

5. FOREIGN INSURER SHOULD BE LICENSED BY A STATE IN

THE UNITED STATES AND YOU MAY CONTACT THAT

STATES DEPARTMENT OF INSURANCE TO OBTAIN MORE
INFORMATION ABOUT THAT INSURER.

6. FOR NON-UNITED STATES (ALIEN) INSURERS. THE

INSURER SHOULD BE LICENSED BY A COUNTRY

OUTSIDE OF THE UNITED STATES AND SHOULD BE ON
THE NAIC’S INTERNATIONAL INSURERS DEPARTMENT
(IID) LISTING OF APPROVED NONADMITTED NON-UNITED
STATES INSURERS. ASK YOUR AGENT, BROKER OR
“SURPLUS LINE” BROKER TO OBTAIN MORE
INFORMATION ABOUT THAT INSURER.

7. CALIFORNIA MAINTAINS A LIST OF APPROVED SURPLUS
LINE INSURERS. ASK YOUR AGENT OR BROKER IF THE

INSURER IS ON THAT LIST, OR VIEW THAT LIST AT THE

INTERNET WEB SITE OF THE CALIFORNIA DEPARTMENT
OF INSURANCE: WWW.INSURANCE.CA.GOV.

8. IF YOU, AS THE APPLICANT, REQUIRED THAT THE

INSURANCE POLICY YOU HAVE PURCHASED BY BOUND

IMMEDIATELY, EITHER BECAUSE EXISTING COVERAGE

WAS GOING TO LAPSE WITHIN TWO BUSINESS DAYS OR

BECAUSE YOU WERE REQUIRED TO HAVE COVERAGE

WITHIN TWO BUSINESS DAYS, AND YOU DID NOT

RECEIVE THIS DISCLOSURE FORM AND A REQUEST FOR

YOUR SIGNATURE UNTIL AFTER COVERAGE BECAME
Docusign Envelope ID: ED6AEDC7-4E15-8F5E-8273-EF6DE5A282B3

AXIS SURPLUS INSURANCE
AXIS 105CA 0622 Page 3 of 3

EFFECTIVE, YOU HAVE THE RIGHT TO CANCEL THIS

POLICY WITHIN FIVE DAYS OF RECEIVING THIS
DISCLOSURE. IF YOU CANCEL COVERAGE THE PREMIUM
WILL BE PRORATED AND ANY BROKER’S FEE CHARGED
FOR THIS INSURANCE WILL BE RETURNED TO YOU.

Docusign Envelope ID: ED6AEDC7-4E15-8F5E-8273-EF6DE5A282B3 Endorsement No. 1
Effective Date: 10/04/2025 @12:01 a.m. Standard Time at the address of the Named Insured Policy Number: ELZ679864/01/2025
Insured Name: Terraphase Engineering Inc.

Issuing Company: AXIS Surplus Insurance Company
Additional (Return) Premium: $0
If the Endorsement Effective Date is blank, then the effective date of this Endorsement is the Inception Date of the Policy.

THIS ENDORSEMENT MODIFIES THE POLICY. PLEASE READ IT CAREFULLY.

SERVICE OF SUIT CALIFORNIA
All lawful process may be served in any action, suit or proceeding instituted in California by or on behalf of any Insured or beneficiary under this Policy against the Company arising out of this Policy, upon the Company’s registered agent at the following address:

Ms. Melissa DeKoven
Corporation Service Company
2710 Gateway Oaks Drive #150N
Sacramento, CA 95833
In the event the Commissioner of Insurance of the state of California receives service of process on behalf of the Company, said service shall be forwarded to the Company at:

AXIS U.S. Insurance
Attn: Claims Administrator
10000 Avalon Blvd.

Suite 200
Alpharetta, GA 30009
All other terms and conditions of the Policy shall apply and remain unchanged.

AXIS 106 CA 0622
Docusign Envelope ID: ED6AEDC7-4E15-8F5E-8273-EF6DE5A282B3 AXIS 1012679 (03-20) Page 1 of 1
Endorsement No. 2
Effective Date: 10/04/2025 @12:01 a.m. Standard Time at the address of the Named Insured Policy Number: ELZ679864/01/2025
Insured Name: Terraphase Engineering Inc.

Issuing Company: AXIS Surplus Insurance Company
Additional (Return) Premium: $0
If the Endorsement Effective Date is blank, then the effective date of this Endorsement is the Inception Date of the Policy.

CORONAVIRUS EXCLUSION ENDORSEMENT
THIS ENDORSEMENT MODIFIES THE POLICY. PLEASE READ IT CAREFULLY.

This endorsement modifies insurance provided by the:

Follow Form Excess Insurance Policy
It is agreed that this insurance does not apply to any circumstance, occurrence, suit, demand, or claim involving, caused by, resulting from or arising out of, either directly or indirectly, the following:

1. any coronavirus

2. any coronavirus exposure, or

3. any illness resulting from coronavirus.

With respect to the above, we shall have no obligation to:

1. pay any damages, loss, expenses, clean-up costs, medical expenses or any sums for bodily injury, medical monitoring, personal injury, advertising injury, property damage or business interruption or;

2. defend any suit, demand or claim.

All other provisions of the policy remain unchanged.

Docusign Envelope ID: ED6AEDC7-4E15-8F5E-8273-EF6DE5A282B3 UX 0010 (Ed. 06 12) Page 1 of 1
Endorsement No. 3
Effective Date: 10/04/2025 @12:01 a.m. Standard Time at the address of the Named Insured Policy Number: ELZ679864/01/2025
Insured Name: Terraphase Engineering Inc.

Issuing Company: AXIS Surplus Insurance Company
Additional (Return) Premium: $0
If the Endorsement Effective Date is blank, then the effective date of this Endorsement is the Inception Date of the Policy.

MINIMUM EARNED PREMIUM ENDORSEMENT
THIS ENDORSEMENT MODIFIES THE POLICY. PLEASE READ IT CAREFULLY.

This endorsement modifies the:

FOLLOW FORM EXCESS INSURANCE POLICY
In consideration of the premium charged, it is agreed that:

The minimum earned premium for this policy is 25% at inception.

All other terms and conditions of the Policy shall apply and remain unchanged.

Docusign Envelope ID: ED6AEDC7-4E15-8F5E-8273-EF6DE5A282B3 UX 0011 (Ed. 10 13) Page 1 of 1
Endorsement No. 4
Effective Date: 10/04/2025 @12:01 a.m. Standard Time at the address of the Named Insured Policy Number: ELZ679864/01/2025
Insured Name: Terraphase Engineering Inc.

Issuing Company: AXIS Surplus Insurance Company
Additional (Return) Premium: $0
If the Endorsement Effective Date is blank, then the effective date of this Endorsement is the Inception Date of the Policy.

CHANGES TO UNDERLYING INSURANCE ENDORSEMENT
THIS ENDORSEMENT MODIFIES THE POLICY. PLEASE READ IT CAREFULLY.

This endorsement modifies Insurance provided by the Follow-Form Excess Policy.

In consideration of the premium charged, it is agreed that:

All changes to the Underlying Insurance must be provided to us in a timely manner for review and written acceptance. Any premium adjustment affecting the Underlying Insurance related to such changes must also be identified. Coverage changes not noticed to us shall not bind us to coverage, and any reduction of the limits of liability of the Underlying Insurance due in whole or in part to coverage changes not accepted by us in writing shall not be considered by us as a reduction of the limits of liability of the Underlying Insurance. Such reductions shall be considered self-insured and shall become the responsibility of the Named Insured.

All other terms and conditions of the Policy shall apply and remain unchanged.

Docusign Envelope ID: ED6AEDC7-4E15-8F5E-8273-EF6DE5A282B3 AXIS 1013152 0822 Page 1 of 1
Endorsement No. 5
Effective Date 10/04/2025 @12:01 a.m. Standard Time at the address of the Named Insured Policy Number: ELZ679864/01/2025
Insured Name: Terraphase Engineering Inc.

Issuing Company: AXIS Surplus Insurance Company
Additional (Return) Premium: $0
If the Endorsement Effective Date is blank, then the effective date of this Endorsement is the Inception Date of the Policy.

PER- AND POLYFLUOROALKYL SUBSTANCES (PFAS) EXCLUSION ENDORSEMENT THIS ENDORSEMENT MODIFIES THE POLICY. PLEASE READ IT CAREFULLY.

This endorsement modifies insurance provided under the following:

Follow Form Excess Insurance Policy
It is agreed that the following exclusion is added to the Policy:

PER- AND POLYFLUOROALKYL SUBSTANCES (PFAS) EXCLUSION
This insurance does not apply to any Ultimate Net Loss or any other liability, injury, costs or expense arising out of, resulting from, caused by, contributed to or in any way related to the existence of any per- and polyfluoroalkyl substances.

As used in this endorsement, per- and polyfluoroalkyl substances means any perfluoroalkyl or polyfluoroalkyl substance with at least one fully fluorinated carbon atom, commonly referred to as “PFAS”, including but are not limited to:

Perfluorooctanic acid (PFOA),
Perfluorooctane sulfonic acid (PFOS),
Perfluorohexane sulfonic acid (PFHxS),
Perfluorodecanoic acid (PFDA),
perfluorohexonoic acid (PFHxA),
Perflourononanoic acid (PFNA)
Perflurooctane sulfonamide (PFOSA),
Perfluoroheptanoic acid (PFHpA),
Perfluorobutyric acid (PFBA),
Perfluorobutane sulfonic acid (PFBS), Perfluoropentanoic acid (PFPeA), Perfluorodecane sulfonate (PFDS), perfluoroundecanoic acid (PFUnA), Perfluorododecanoic acid (PFDoA),
Perfluorotridecanoic acid (PFTrDA),
Perfluorotetradecanoic acid (PFTeDA),
6:2 Fluorotelomer sulfonate (6:2 FTS),
or any other substance or chemical identified as a polyfluoroalkyl or perfluoroalkyl in any list of such substances or chemicals published by the United States Environmental Protection Agency including on its “PFAS Master List of PFAS Substances (Version 2)” as such list may be updated or amended.

All other terms and conditions of the Policy shall apply and remain unchanged.

Docusign Envelope ID: ED6AEDC7-4E15-8F5E-8273-EF6DE5A282B3 UX 0012 (Ed. 11 13) Page 1 of 1
Endorsement No. 6
Effective Date: 10/04/2025 @12:01 a.m. Standard Time at the address of the Named Insured Policy Number: ELZ679864/01/2025
Insured Name: Terraphase Engineering Inc.

Issuing Company: AXIS Surplus Insurance Company
Additional (Return) Premium: $0
If the Endorsement Effective Date is blank, then the effective date of this Endorsement is the Inception Date of the Policy.

NON-FOLLOWED COVERAGE ENDORSEMENT
THIS ENDORSEMENT MODIFIES THE POLICY. PLEASE READ IT CAREFULLY.

This endorsement modifies insurance provided by the Follow Form Excess Insurance Policy In consideration of the premium charged, it is hereby agreed that regardless of whether or not coverage is afforded in the Underlying Insurance, this policy does not provide coverage for any Claims, Damages or Claim Expenses covered by Underlying Insurance for:

Auto Liability
Regardless of any potentially conflicting term or condition of the Policy, this Policy will not recognize the reduction or exhaustion of the Underlying Insurance by payment because of Claims, Damages or Claim Expenses for which the Underlying Insurance provides coverage but this Policy does not provide coverage.

All other terms and conditions of the Policy shall apply and remain unchanged.

Docusign Envelope ID: ED6AEDC7-4E15-8F5E-8273-EF6DE5A282B3