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<br /> Performance Bond
<br /> The obligation of this Perfonnanc(~ Bond Shall not include liability for Joss, cost, damage, fines, penait1es or
<br /> expense (including attorney's fees) from personal Injury (induding death), or from property damage
<br /> (including environmental impairment or cleanup), or from any criminal or tortious act arising out of thEl
<br /> performance, default or completion of the above Contract, nor shall the Surety obligated to provide or
<br /> maintain any policy or undertaking of liability insurance
<br /> This bond is for a one year term beginning ________Qetober 1....1QQ.4.__"_",,, In the event of default by the
<br /> Principal in the performance of the contract during the term of this bond, the Surety shall be liable only for
<br /> the direct loss to the Obligee due to actual excess costs of performance of the contract up to the
<br /> termination of this term of 1h15 bond. No suit shall be brought on lhis bond after $0 days following its
<br /> termination, Neither non-renevval by the Surety, nor failure or inability of the Principal to file a replacement
<br /> bond, shall constitute loss of the Obilgee recoverabla under this bond, T!lEl bond may be extended for
<br /> additional terms at the option of the Surety, by continuation certificate executed by the Surety. Regardless
<br /> of the number of years thai this bOild is renewed or continued via Continuation Certificate by the Surely,
<br /> the liability hereunder shaH not be cumulative and shall in no event exceed the penal sum of
<br /> $"_6..?~Q,Q_QQO ___""",""__,.__"___'
<br /> The Obligation of this Performance bond inures soiely to the benefit of the obligee. No right of action shall
<br /> accrue under this Performance Bond to or for the use of any person, firm,corporation, public or private
<br /> entity other than the obligee" In the event that the Obligee is comprised of more than one person, firm
<br /> co"ooratlon, public or private entity, the conditions, IJmitations and exclusions of this Performance Bond
<br /> shailapply jointly and severa1!y to each and all constltuents of the ObllgoB, and the aggregate liability of the
<br /> Surety to the Obligee shall in no event exceed the above penal sum.
<br /> The consent of the Surety shall be required ,!lith regard to any changes or aHerations In the above Contract
<br /> including, but not limited 10, where the cost thereof, added [0 prior changes or alterations, causes the
<br /> aggregate cost of ail changes and alterntions to exceed 10 percent of the origJnal contract price, or where
<br /> tile completion thereof is extended by more than 90 days.
<br /> No right of action shall accrue under this Performance bond unless demand is brought by suit, action or
<br /> other legal proceeding commended against the Surety within 60 days after the day that the Principal last
<br /> performed labor or supplied material for the above Contract. Any and ali claims and causes of action
<br /> (including warranty requirement or the remedy of latent defects) not so commended shall be deemed
<br /> extinguished and forever barred from action under this Performance Bond,
<br /> !n the event of confllct or inconsistency between the provisions of this Performance Bond and the
<br /> proviSions of the above Contract, the provisions of this Performance 80M shaH control, or the obligation of
<br /> the surety be deemed null and void to lll$ extent of any enlargement or augmentation to the liabilities of tho
<br /> Surely prescribed by this Performance Bond.
<br /> Signee!, Sealed and Dated this 1st of
<br /> BFI Waste Systems of North America, Ine Th~JI)~urall(;~_QQ,mQELIJ.y'gtth!L~t!3te 91..P,PDD?Y!Yil.Dla
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<br /> MeHss NeWmal1/ Power of ,', ' .' : Lauca/E FpSh A HorneY-in-Fad
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