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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 2nd day of September 2005, the name and corporate seal of each <br />corporate 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 />Western States Surfacing. Inc. <br />Principal <br /> <br />(SEAL) <br /> <br />BY~ <br /> <br />Marc A. Bertsch <br />Vice 'President <br /> <br />(s) <br /> <br />(Witness as to Principal) <br /> <br />(Address) <br /> <br />1601 Culpepper Road <br />Modesto, CA 95351 <br />(Address) <br /> <br />W22:p.~ <br /> <br />orney-m-Fact <br />Thomas R. Hucik, Attorney-In-Fact <br /> <br />ATTEST: <br /> <br />Witness to Surety <br /> <br />Western c:;.lIrpfy rnmp;¡ny <br />2998 Douglas Blvd_. Suite 140 <br />Roseville. CA 95661 <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 />2004-2005 ASPHALT RUBBER CHIP SEAL PROJECT <br /> <br />00610-2 <br />