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<br />In the event City, or its successors or assigns, shall be the prevailing party in an action <br />brought upon this bond, then, in addition to the penal sum hereinabove specified, we <br />agree to pay to the said City, or its successors or assigns, a reasonable sum on account <br />of attorney's fees in such action, which sum shall be fixed by the court. <br />IN WITNESS THEREOF, the above bounden parties have executed this instrument <br />under their seals this2000Y of , August , 2003 the name and corporate <br />seal of each corporate party being hereto affixed, and these presents duly signed by its <br />undersigned representative, pursuant to authority of its governing body. <br />ATTEST: <br /> a.c. Jones & Sons, Inc. <br /> Principal <br />(SEAL) <br />See Attached Acknowledgment <br />(Witness as to Principal) <br />(Address) <br /> 1520 Fourth Street, Berkeley, CA 94710 <br /> (Address) <br /> Liberty Mutual Insurance Company <br /> Surety <br />ATTEST: <br /> ~M~~~~~_- <br />Witness to Surety Attorney-in-Fact Dp,::'or~;' Baf,:,:1, <br /> 2552 Stanwell Drive, Concord,- CÞ... 9~520 <br /> <br /> ..- <br />(Address) <br />If CONTRACTOR is partnership, all partners must execute BOND. <br />S/library/formsiFailhflll Performance Bond <br />-2- <br /> . - <br />