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6.2.A. - Page 24
<br />EXHIBIT C
<br />PERFORMANCE BOND
<br />KNOW ALL MEN BY THESE PRESENTS: that, WHEREAS, the City of Redwood City("City"), San Mateo
<br />County, State of California, has entered a Revocable Encroachment Permit dated [ ] (the
<br />"Permit") with CENTRUM OWNERS ASSOCIATION, a California nonprofit corporation, ORACLE AMERICA,
<br />INC., a Delaware corporation, and ORACLE CORPORATION, a Delaware corporation, hereinafter designated
<br />collectively as the "Principal," pursuant to which Principal may apply for one of more Encroachment Permits
<br />("Associated Permits") to perform certain work in the City's right-of-way which work will be performed
<br />subject to the terms of the Permit and any Associated Permit, and
<br />WHEREAS, said Principal is required under the terms of the Permit to furnish a bond for the faithful
<br />performance of any work to be performed pursuant to the Permit;
<br />NOW, THEREFORE, we, the Principal and as surety, are held and firmly bound unto City,
<br />San Mateo County, California, in the penal sum of Fifty Thousand Dollars ($50,000), lawful money of the
<br />United States, being one hundred percent (100%) of the amount required by Section 4.1(a) of the Permit, for
<br />the payment of which sura well and truly to be made, we bind ourselves, our heirs, executors,
<br />administrators and successors, jointly and severally, firmly by these presents.
<br />THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal, his or its heirs,
<br />executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly
<br />keep and faithfully perform the covenants, conditions, and agreements in the said Permit and any
<br />Associated Permits and any alterations made as therein provided, on his or their part, to be kept and
<br />performed at the time and in the manner therein specified, and in all respects according to their true intent
<br />and meaning, and shall indemnify and save harmless City, its Council, Commissioners, boards, committees,
<br />officers, employees and agents, as therein stipulated, then this obligation shall be null and void one year
<br />following the termination of the Permit; otherwise it shall be and remain in full force and virtue.
<br />And the said Surety, for value received, hereby stipulates and agrees to waive the provisions of California
<br />Civil Code Section 2819 regarding consent to change, extension of time, alteration, or addition to the terms
<br />of the Permit, Associated Permits, or to the work to be performed thereunder or the specifications
<br />accompanying the same and the effect of any such change, extension of time, alteration, or addition on its
<br />obligations on this bond; and it does hereby waive notice of any such change, extension of time, alteration
<br />or addition to the terms of the Permit, or to Associated Permits, or to the work, or to the specifications.
<br />In the event City, or its successors or assigns, shall be the prevailing party in an action brought upon this
<br />bond, then, in addition to the penal sum hereinabove specified, we agree to pay to the said City, or its
<br />successors or assigns, a reasonable sum on account of attorney's fees in such action, which sum shall be
<br />fixed by the court.
<br />REV: 02-05-18 PR
<br />Page 15 of 18
<br />ATTYIAGR.2098.0261275 Oracle
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