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<br /> In the event City, or its successors or assigns, shall be the prevailing party in an action brought <br /> upon this bond, then, in addition to the penal sum hereinabove specified, we agree to pay to the <br /> said City, or its successors or assigns, a reasonable sum on account of attomey's fees in such <br /> action, which sum shall be fixed by the court. <br /> IN WITNESS THEREOF, the above bounden parties have executed this instrument under their <br /> seals this 6th day of December 2004 the name and corporate seal of each <br /> corporate party being hereto affixed. and these presents duly signed by Its undersigned <br /> representative, pursuant to authority of its governing body. <br /> ATTEST: <br /> Barner Construction Co. <br /> Principal <br /> (SEAL) /Î <br /> . :Jõ'1 ¿, ¡h4 A. ßtÇ '^ "ý' <br /> ( tness as to Principal) Oi.<.J"U' <br /> 3137 Castro Valley Boulevard, Suite 209, Castro Valley, C <br /> (Address) <br /> (Address) <br /> American Contractors Indemnity Company <br /> ATTEST: By: C i ª---~ ~ <br /> ~' <br /> Witness to Surety Attorney-In-Fact <br /> Jocelyn Y. Quirt, Attorney-In-Fact <br /> 320 College Avenue, Suite 260 <br /> Santa Rosa, CA 95401 <br /> (Address) <br /> If CONTRACTOR is partnership, all partners must execute BOND. <br /> * * * <br /> FAITHFUL PERFORMANCE BOND 00610-2 <br /> SEAPORT CENTRE LEVEE REPAIR & SewER PUMP STATIONS IMPROVEMENT <br /> , - __··4 <br />