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6.2.A. - Page 26
<br />EXHIBIT D
<br />PAYMENT BOND
<br />KNOW ALL MEN BY THESE PRESENTS: That we, CENTRUM OWNERS ASSOCIATION, a California nonprofit
<br />corporation, ORACLE AMERICA, INC., a Delaware corporation, and ORACLE CORPORATION, a Delaware
<br />corporation, collectively as Principal, and, organized and
<br />existing under the laws of the State of California
<br />and authorized to execute bonds and undertaking as sole surety, as
<br />Surety, are held and firmly bound unto the City and all contractors, subcontractors, laborers, materialmen,
<br />and other persons employed in the performance of work under the Agreement and Associated permits who
<br />are referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code of the State
<br />of California whose claim has not been paid in the aggregate total of Fifty Thousand Dollars ($50,000) (being
<br />1.00% of the amount required by Section 4.1(b) of the Permit (as defined below)) for the payment whereof,
<br />well and truly to be made, said Principal and Surety bond themselves, their heirs, administrators,
<br />successors, and assigns, jointly and severally, firmly by these presents.
<br />THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that, whereas the above Principal and the City
<br />of Redwood City, California ("City") have entered into that certain Revocable Encroachment Permit dated [
<br />] ("Permit") pursuant to which Principal may apply for one of more Encroachment Permits ("Associated
<br />Permits") to perform certain work in the City's right-of-way, which work will be performed subject to the
<br />terms of the Permit and any Associated Permit;
<br />NOW, THEREFORE, if the above -bounden Principal or his subcontractors fail to pay any of the persons
<br />named in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code of the State of
<br />California, or amounts due under the Unemployment Insurance Code with respect to work or labor
<br />performed under the Permit and any Associated Permits, or for any amounts required to be deducted,
<br />withheld, and paid over to the Employment Development Department pursuant to Section 13020 of the
<br />Unemployment Insurance Code of the State of California, with respect to such work and labor, the surety
<br />will pay for the same, in the amount not exceeding the sum specified in this bond, and also, in case suit is
<br />brought upon this bond, a reasonable attorney's fee, to be fixed by the Court.
<br />This bond shall inure to the benefit of any person entitled to file claims under Title 3 (commencing with
<br />Section 9000) of Part 6 of Division 4 of the Civil Code of the State of California of the Civil Code of the State
<br />of California so as to give a right of action to them ortheir assignees in suit brought upon this bond.
<br />This bond is executed and filed to comply with the provisions of the act of the Legislature of the State of
<br />California as designated in Civil Code Sections 9550-9566, inclusive, and all amendments thereto.
<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, or to the work to be performed thereunder, or the specifications accompanying the same,
<br />and the effect of any such change, extension of time, alteration, or addition on its obligations on this bond;
<br />REV: 02-05-18 PR
<br />Page 17 of 18
<br />ATTYIAGR.2018.0261275 Oracle
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