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POWER OF ATTORNEY
<br />Any reproductions are void.
<br />Surety Claims Submission: LexonClaimAdministration@sompo-intl.com
<br />Telephone: 615-553-9500 Mailing Address: Sompo International; 12890 Lebanon Road; Mount Juliet, TN 37122-2870
<br />
<br />2640
<br />KNOW ALL BY THESE PRESENTS, that Endurance Assurance Corporation, a Delaware corporation, Endurance American Insurance Company, a Delaware
<br />corporation, Lexon Insurance Company, a Texas corporation, and/or Bond Safeguard Insurance Company, a South Dakota corporation, each, a “Company” and
<br />collectively, “Sompo International ,” do hereby constitute and appoint: Mechelle Larkin, Kathy R. Mair, My Hua, Brenda Wong, Tenzer V. Cunningham, Martha Gonzales,
<br />Joaquin Perez, Jeffrey Strassner, Sokha Evans as true and lawful Attorney(s)-In-Fact to make, execute, seal, and deliver for, and on its behalf as surety or co-surety; bonds
<br />and undertakings given for any and all purposes, also to execute and deliver on its behalf as aforesaid renewals, extensions, agreements, waivers, consents or stipulations
<br />relating to such bonds or undertakings provided, however, that no single bond or undertaking so made, executed and delivered shall obligate the Company for any portion of
<br />the penal sum thereof in excess of the sum of ONE HUNDRED MILLION Dollars ($100,000,000.00).
<br />Such bonds and undertakings for said purposes, when duly executed by said attorney(s)-in-fact, shall be binding upon the Company as fully and to the same extent as if
<br />signed by the President of the Company under its corporate seal attested by its Corporate Secretary.
<br />This appointment is made under and by authority of certain resolutions adopted by the sole shareholder of each Company by unanimous written consent effective the 15th
<br />day of June, 2019, a copy of which appears below under the heading entitled “Certificate”.
<br />This Power of Attorney is signed and sealed by facsimile under and by authority of the following resolution adopted by the sole shareholder of each Company by
<br />unanimous written consent effective the 15th day of June, 2019 and said resolution has not since been revoked, amended or repealed:
<br />RESOLVED, that the signature of an individual named above and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto
<br />by facsimile, and any such power of attorney or certificate bearing such facsimile signature or seal shall be valid and binding upon the Company in the future with respect
<br />to any bond or undertaking to which it is attached.
<br />IN WITNESS WHEREOF, each Company has caused this instrument to be signed by the following officers, and its corporate seal to be affixed this 15th day of
<br />June, 2019.
<br />
<br />Endurance Assurance Corporation
<br />
<br />
<br />By:
<br />Richard Appel; SVP & Senior Counsel
<br />Endurance American
<br />Insurance Company
<br />
<br />By:
<br />Richard Appel; SVP & Senior Counsel
<br />
<br />
<br />
<br />Lexon Insurance Company
<br />
<br />
<br />By:
<br />Richard Appel; SVP & Senior Counsel
<br />
<br />
<br />
<br />Bond Safeguard
<br />Insurance Company
<br />
<br />By:
<br />Richard Appel; SVP & Senior Counsel
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />ACKNOWLEDGEMENT
<br />
<br />On this 15th day of June, 2019, before me, personally came the above signatories known to me, who being duly sworn, did depose and say that he/they is an officer of each
<br />of the Companies; and that he executed said instrument on behalf of each Company by authority of his office under the by-laws of each Company.
<br />
<br />
<br />By:
<br /> Amy Taylor, Notary Public – My Commission Expires 5/9/23
<br />CERTIFICATE
<br />
<br />I, the undersigned Officer of each Company, DO HEREBY CERTIFY that:
<br />1. That the original power of attorney of which the foregoing is a copy was duly executed on behalf of each Company and has not since been revoked, amended or modified;
<br />that the undersigned has compared the foregoing copy thereof with the original power of attorney, and that the same is a true and correct copy of the original power of
<br />attorney and of the whole thereof;
<br />2. The following are resolutions which were adopted by the sole shareholder of each Company by unanimous written consent effective June 15, 2019 and said resolutions
<br />have not since been revoked, amended or modified:
<br />“RESOLVED, that each of the individuals named below is authorized to make, execute, seal and deliver for and on behalf of the Company any and all bonds,
<br />undertakings or obligations in surety or co-surety with others: RICHARD M. APPEL, BRIAN J. BEGGS, CHRISTOPHER DONELAN, SHARON L. SIMS,
<br />CHRISTOPHER L. SPARRO, MARIANNE L. WILBERT
<br />; and be it further
<br />RESOLVED, that each of the individuals named above is authorized to appoint attorneys-in-fact for the purpose of making, executing, sealing and delivering bonds,
<br />undertakings or obligations in surety or co-surety for and on behalf of the Company.”
<br />3. The undersigned further certifies that the above resolutions are true and correct copies of the resolutions as so recorded and of the whole thereof.
<br />IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal this day of , 20 .
<br />
<br /> By:
<br /> Daniel S. Lurie, Secretary
<br />
<br />NOTICE: U. S. TREASURY DEPARTMENT’S OFFICE OF FOREIGN ASSETS CONTROL (OFAC)
<br />
<br />No coverage is provided by this Notice nor can it be construed to replace any provisions of any surety bond or other surety coverage provided. This Notice provides information concerning
<br />possible impact on your surety coverage due to directives issued by OFAC. Please read this Notice carefully.
<br />The Office of Foreign Assets Control (OFAC) administers and enforces sanctions policy, based on Presidential declarations of “national emergency”. OFAC has identified and listed
<br />numerous foreign agents, front organizations, terrorists, terrorist organizations, and narcotics traffickers as “Specially Designated Nationals and Blocked Persons”. This list can be located
<br />on the United States Treasury’s website – https://www.treasury.gov/resource-center/sanctions/SDN-List .
<br />In accordance with OFAC regulations, if it is determined that you or any other person or entity claiming the benefits of any coverage has violated U.S. sanctions law or is a Specially
<br />Designated National and Blocked Person, as identified by OFAC, any coverage will be considered a blocked or frozen contract and all provisions of any coverage provided are immediately
<br />subject to OFAC. When a surety bond or other form of surety coverage is considered to be such a blocked or frozen contract, no payments nor premium refunds may be made without
<br />authorization from OFAC. Other limitations on the premiums and payments may also apply.
<br />
<br />6th February 23
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