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~~~\: ~ American .International Companies 70 I'ine Street New York, NY 10270 ~ ~-~ ------ PERFORMANCE BONO Replaces Bond 929172889 Bond No. ..2aa4.a~._____._.....__ KNOW ALL MEN BY THESE PRESENTS, That we, ,BF! \'Y.~ste Sys..~~!.!!.s of North America, Inc. 225..~or~!,_<!y_~oad, 9an Carlos, CA 94070 ______.__.~____.__~:::::.~= as Principal, and the _The Insurance Comp~9t!!:L~ S.@!t:?...Qf...Eennj>,ylvania _______._. G1_.__...._!:ly............_...corporatlon, as Surety, subject to the Conditions, Limitations and Exclusions of this Performance Bond, are firmly bound unto ..f1L2f....B.t?.9.~g9..9._9!.!y.,J;:_'?!!.f9..r.n!.'!L_____._ ~..:._<2.:...~~l"~h._.Redwood. City, CA 94Q64_________~_________.-==:=====.._......-- hereinafter referred to as the Obligee, for such monetary amount as incurred by the Obligee, notto-e-;ceed the penal Slim of 3wo Million Two Hundred fifty Si~.Ib9J!~~!19J;?Qlt~rlulDd 00/100 ($ 2.256,OOMJL......._). as may be required to remedy any contractual default by the Principal )n the performance of that cerlain contract between Principal and Obligee dated ^___.Qctobe!:.J.,";~P_QL____"_ for .!?J?JlfU!\jast~L....._ m..... hereinafter referred to as the Contract; for the payment hereof, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally. CONDITIONS The obligation of this Performance Bond shaH be null and void unless: (1) the above Contract is in writing, and has been fully executed by both the Principal and the Obligee; (2) the Principal is actually in default under the above Contract, and is dedared by the Obligee thereafter to be in default; (3) the Obligee has performed all of the obligations of the Obligee under the above Contract; and (4) the Obligee has provided written notice of the default to the Surety as promplly as possible, and in any event, within ten (10) days after such default. LIMITATIONS AND EXCLUSIONS The Surety, as the sofe election and discretion of the Surety, may take any or the following actions: (1) With notice to the Obligee, prOVide financial assistance to the Principal to remedy any contractual default by the Principal; or, (2) Undertake the completion of the above Contract by the Surety, through its agents or through Independent contractors; or, (3) Determine the amount for which the Surely may be liable to the Obngee, and as soon as a practicable thereafter, tender payment thereof to the Obliqee; or, (4) Pay the full amount of the above penal sum in complete discharge and exoneration of this Performance Bond, and of allllabilitjes of the Surety relating thereto. If the Surety so elects to act, al1 payments and expenditures by the Surety shall be applied against the above penal sum and in reduction of the limit of Hability of the Surety. IEeiliViD NOV 2002