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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 attorney's fees in such <br />action, which sum shall be fixed by the court. <br /> <br />IN WITNESS THEREOF, the above bounden parties have executed this instrument under their <br />seals this 3rd day of August 2004, the name and corporate seal of each <br />corpOJate party being hereto affixed, and these presents duly signed by its undersigned <br />representative, pursuant to authority of its governing body. <br /> <br />ATTEST: <br /> <br />American Asphalt Repair & Resurfacing Co., Inc. <br />Principal <br /> <br />(SEAL) <br /> <br />By,ii, few <br /> <br />~(s) <br /> <br />(Witness as to Principal) <br /> <br />27601 Industrial Blvd. <br />Hayward, CA 94545 <br /> <br />(Address) <br /> <br />(Address) <br /> <br />ATTEST: <br /> <br /> <br />Insurance Company <br />Su.rety <br /> <br />Witness to Surety <br /> <br />1575 Treat Blvd., Suite 208 <br />Walnut Creek, CA 94596 <br /> <br />(Address) <br /> <br />If CONTRACTOR is partnership, all partners must execute BOND. <br /> <br />.. <br /> <br />'" <br /> <br />* <br /> <br />FAITHFUL PERFORMANCE BOND <br />2003-2004 SLURRY SEAl. <br /> <br />00610-2 <br />