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BOND NO. B2867209 UNITED PACIFIC INSURANCE COMPANY HOME OFFICE: PHILADELPHIA. PENNSYLVANIA KNOW ALL MEN BY THESE PRESENTS, that we, RCN Telecom Services of California, Inc. as Principal, and United Pacific Insurance Company, a Corporation organized under the laws of the State of Pennsylvania and authorized to do business in the State of Ca. as Surety. are held and firmly bound unto the Redwood City, Ca. as, Obligee, in the sum of Fi ve Hundred Thousand and 00/100 ------------- ($ 500,000.00) Dollars for the payment thereof, well and truly to be made, we bind ourselves. our heirs, severally, firmly by these presents. THE CONDITION OF THE ABOVE OBLIGATION IS SUCH THAT, WHEREAS, The Principal has entered into an Agreement with the Obligee for the construction, installation and maintenance of Network Facilities. AND, WHEREAS, said Agreement requires that Principal shall furnish to Obligee a bond covering the true and faithful performance by the Principal of its obligations under the provisions of said Agreement. NOW, THEREFORE, THE CONDITION OF THE OBLIGATION IS SUCH, That if said Principal shall fully pay, indemnify and reimburse the Obligee as required under said Agreement, then this obligation shall be null and void, otherwise it shall remain in full force and virtue in law. This bond is executed by the Principal and Surety and accepted by the Obligee subject to the following conditions: FIRST: That in the event of a default on the part of the Principal in observing, performing, fulfilling and keeping the terms and provisions of said Agreement, a written statement of such default with full details thereof shall be given to the Surety. Such notice to be delivered personally or by registered mail to the Surety at its office located at Three Parkway, Philadelphia, Pa. 19102-1376. SECOND: The Surety has the right to terminate this bond provided it notifies the Obligee, by registered mail, at least thirty (30) days in advance. All claims and legal proceedings against the bond shall be brought in the name of the Obligee and all rights of recovery against the bond shall cease and terminate unless legal proceedings shall have been commenced within twelve (12) months following the expiration and termination of the Bond. THIRD: That no right of action shall accrue under this bond to or for the use of any person other than Obligee hereunder, and its successors and assigns. FOURTH: That the Surety's total liability shall be limited to that stated above regardless of the number written Agreements, entered into and the number of years this bond may be in force. SIGNED, SEALED AND DATED THIS 1st. day of June ,19 99 California, Inc. Attest: By:}A- Do 'ì~~ ) By: By: .. ...-_......._.. ._.. T".""--'.'" ...