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<br />And the said Surety, for value received, hereby stipulates and agrees to waive <br />the provisions of California Civil Code Section 2819 regarding consent to <br />change, extension of time, alteration, or addition to the terms of the Contract or <br />to the work to be performed thereunder or the Specifications accompanying the <br />same shall in any wise affect its obligations on this bond; and it does hereby <br />waive notice of any such change, extension of time, alteration or addition to the <br />terms of the Contract, or to the work, or to the Specifications. <br /> <br />In the event City, or its successors or assigns, shall be the prevailing party in an <br />action brought upon this bond, then, in addition to the penal sum hereinabove <br />specified, we agree to pay to the said City, or its successors or assigns, a <br />reasonable sum on account of attorney's fees in such action, which sum shall be <br />fixed by the court. <br /> <br />IN WITNESS THEREOF, the above bounden parties have executed this <br />instrument under their seals this day of , 2000, the name and <br />corporate seal of each corporate party being hereto affixed, and these presents <br />duly signed by its undersigned representative, pursuant to authority of its <br />governing body. <br /> <br />ATTEST: <br /> <br />Principal <br /> <br />(SEAL) <br /> <br />By <br /> <br />(s) <br /> <br />(Witness as to Principal) <br /> <br />(Address) <br /> <br />(Address) <br /> <br />Surety <br /> <br />ATTEST: <br /> <br />Witness to Surety <br /> <br />Attorney-in-Fact <br /> <br />PERFORMANCE BOND <br />Sh/rwc/forms <br />IACperf.doc <br />