AGREEMENT TO PARTICIPATE IN BHHC RISK MANAGEMENT PROGRAM AND SHARE VEHICLE DATA

This Agreement to Participate in the GaugeMyFleet Program (“Participation Agreement”) is made between the business entity or individual named insured under the Commercial Auto Policy identified below (“Insured”, “You” or “Your”) BERKSHIRE HATHAWAY HOMESTATE COMPANIES, including but not limited to any affiliates or subsidiaries (“BHHC” or “InsCo”). BY SIGNING AND UPLOADING THIS AGREEMENT YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND THE BUSINESS ENTITY OR INDIVIDUAL NAMED INSURED UNDER THE POLICY NUMBER IDENTIFIED BELOW.

The purpose of this Participation Agreement is to permit BHHC to obtain vehicle data from “SpeedGauge” regarding driving and location for vehicles covered under your Policy in order to underwrite your Policy, including, but not limited to, pricing and loss control. You hereby agree as follows:

1. In order to be eligible for participation in the GaugeMyFleet Program, you agree that each participating vehicle for which vehicle data is collected from your TSP, transmitted to SpeedGauge and shared with BHHC is owned or leased by you and insured by BHHC under your Commercial Auto Policy(ies) identified below.

2. By accepting this Participation Agreement, you authorize SpeedGauge to provide vehicle data on participating vehicles to InsCo, and you specifically consent to sharing said vehicle data with InsCo. You authorize InsCo to access, receive or obtain vehicle data from SpeedGauge that is collected from your TSP on participating vehicles and grant InsCo the right to use vehicle data as described in this Participation Agreement. You further authorize SpeedGauge to provide to InsCo any vehicle data collected from your TSP on participating vehicles for the 90 day period immediately prior to the date of your acceptance of this agreement, you consent to sharing said vehicle data with InsCo and grant InsCo the right to use said vehicle data as described in this Participation Agreement.

3. In order to participate in any InsCo Program (hereinafter “Program”) or incentives, you represent and agree the End User Licensing Agreement and Privacy Agreement, with SpeedGauge Inc., 13 90 Mission Street – Suite 2 00, San Francisco, CA 9410 2 (“SpeedGauge”). InsCo assumes no responsibility or legal liability for SpeedGauge Products or Services or for the completeness or accuracy of the data submitted by you to SpeedGauge or the data submitted by SpeedGauge to InsCo.

4. Your End User License Agreement with SpeedGauge (“ SpeedGauge Agreement”) is separate and independent from your Participation Agreement in the Program. You acknowledge and agree that the SpeedGauge Agreement is subject to its own terms, conditions and limitations and you are solely responsible for any obligations, fees or costs associated with your SpeedGauge Agreement. InsCo will not be liable in any manner for any obligations under your SpeedGauge Agreement or for any payments due and owing under your SpeedGauge Agreement. There are no fees for the GaugeMyFleet Program.

5. By accepting this Participation Agreement, you authorize BHHC or your Agent to provide your contact information, including your name, business name, address, telephone number, email address, policy number and your Vehicle Identification Numbers (VINs) for participating vehicles covered under your policy (“participating vehicles”) to SpeedGauge in order to facilitate the transfer of vehicle data from SpeedGauge to InsCo. Vehicle data collected from your telematics service provider (“TSP”) and transmitted to SpeedGauge includes, but is not limited to, Vehicle Location, Acceleration Detail, Speed of Vehicle, Braking Detail, Date and Time of vehicle use, Distance Traveled, and includes information SpeedGauge uses to create the FAIR Score and Your FAIR Score itself, also referenced as “Information Used” in the SpeedGauge Agreement (“vehicle data”).

6. In accordance with applicable state and federal regulations, InsCo will maintain reasonable safeguards to protect the privacy and confidentiality of each insureds/participant’s contact information and vehicle data received from SpeedGauge . However, you acknowledge and agree that InsCo and/or SpeedGauge may be legally required to provide vehicle data from the devices to regulators, courts, other parties or their legal counsel. You further agree that InsCo is authorized to provide certain vehicle data and information (on an aggregated or anonymous basis) to insurance regulators and third-party consultants as may be required to support rate or other insurance related filings or to conduct its insurance operations.

7. You acknowledge and agree that you are solely responsible for satisfying any obligation you may have to notify your employees and any other drivers that a vehicle is equipped with a device that collects and provides data to your TSP and that vehicle data will be accessed by SpeedGauge and InsCo. You further acknowledge and agree that it is your responsibility to obtain any consents that may be required from your employees and contractors or others who are driving vehicles owned or operated by you and to protect and secure all data from unauthorized access and use. You agree that InsCo will not be liable to you or your employees and contractors or any other third party for access or use of vehicle data by InsCo, SpeedGauge or your TSP. Additionally, you agree that InsCo will not be liable for your failure to properly notify any employee or driver or for your use of the devices or vehicle data collected and transmitted to or by SpeedGauge and access granted to InsCo. You agree to defend, indemnify and hold InsCo harmless from any and all liability, claims, judgments, losses, damages, costs or expenses (including, but not limited to court costs and reasonable attorneys’ fees) arising out of, or in any way resulting from access or use of any vehicle data or scores provided by or to SpeedGauge or InsCo or resulting from your access or use of the Products, Services, data or scores from SpeedGauge or InsCo.

8. While you are enrolled in the Program, you consent to SpeedGauge ’s transmission of the vehicle data on participating vehicles as set forth above, including the FAIR Score® calculated by SpeedGauge , to InsCo on a regular basis. InsCo may use vehicle data and/or the FAIR Score to routinely calculate a Driving Performance Score for each vehicle. The FAIR Score, SpeedGauge Safety Score, or other vehicle data, may be used by InsCo for insurance pricing and/or rate calculation in accordance with InsCo’s filed Rates and Rules. The FAIR Score®, SpeedGauge Safety Score, or other vehicle data may be used by InsCo for underwriting and/or loss control purposes.

9. Vehicle data provided to InsCo from SpeedGauge through your TSP may also be used to investigate any claims related to the participating vehicle, including but not limited to accident investigation, and InsCo may be required to provide such information in response to a subpoena or as otherwise required by law.

10. You may terminate your Participation Agreement in the BHHC Program at any time by providing 30 days’ prior written notice to InsCo or to your Agent. BHHC may terminate this Participation Agreement at any time by providing written notice to you. If the Participation Agreement is terminated by you or InsCo, any premium modification applied as a result of the FAIR Score™, Driving Performance Score or vehicle data will be removed from your policy at your next policy renewal. InsCo will notify SpeedGauge of the termination of this Participation Agreement and notify SpeedGauge to stop sending InsCo vehicle data related to participating vehicles. If you or we cancel or non-renew your insurance coverage with InsCo, InsCo will notify SpeedGauge to stop sending InsCo vehicle data related to participating vehicles. In any event, any Berkshire Hathaway related companies and our their subsidiaries will retain the right to perpetually store and use any data collected while this Participation Agreement was in effect, unless legally prohibited or you request in writing upon termination that such use be limited to non-personally identifying data. Such use may include combining your data with other aggregate data for research and analysis.

11. This Participation Agreement will be governed by the law of the state or Commonwealth in which your insurance policy with BHHC is issued.

12. In the event that one or more provisions of this Participation Agreement shall be declared to be invalid, illegal or unenforceable in any respect, that provision will be severed from this Agreement and all other terms, conditions and provisions contained in this Agreement will survive and remain in full force and effect.

13. This Participation Agreement will remain in full force and effect until it is terminated in writing by either party and it shall apply to every issuance, reinstatement or renewal of the Commercial Auto Insurance Policy(ies) identified below.

14. Please allow at least two (2) business days for this form to be processed by SpeedGauge . Please contact the SpeedGauge by email with any questions or to confirm the effective date that access is granted or consent is: support@SpeedGauge.net

By completing the signature associated with this form you acknowledge that you have read this Participation Agreement and understand and agree to be bound by its terms. This agreement is effective as of the signature date.