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` � � ' F 'THFUL PERFORMANCE BC �
<br /> Bond No. 105445979 Duplicate Original
<br /> KNOW ALL PERSONS BY THESE PRESENTS, that RECOLOGY SAN MATEO COUNTY,
<br /> hereinafter called the PRINCIPAL, and
<br /> Travelers Casualty and Suretv Companv of America ,
<br /> a corporation duly organized under the laws of the State of Conneccicuc ,
<br /> having its principal place of busi�ess at z15 Shuman Bivd, Nayerville, IL 60563 ,
<br /> in the State of iliinois , and authorized to do business as an admitted surety
<br /> insurer in the State of California, regulated by the California lnsurance Commissioner and with a
<br /> financiai condition and record of service satisfactory to the CITY OF REDWOOD CITY,
<br /> hereinafter called the SURETY, are held and firmly bound to the CITY OF REDWOOD CITY, a
<br /> municipal corporation in the State of California, hereinafter called the OBLIGEE, in the sum of
<br /> one million four hundred and thirty one thousand one hundred and twenty three Doilars
<br /> {$1,431,023.00) lawful money of the United States, for the payment of which, well and truly to
<br /> be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and
<br /> severally, firmiy by these presents.
<br /> THE CONDITION OF THIS OBLIGATION IS SUCH THAT:
<br /> WHEREAS, the PRINCIPAL has entered into a Contract with the OBLIGEE for Recyclabie
<br /> Materials, Organic Materials and Solid Waste Collection Services ("ContracY') and said
<br /> PRINCiPAL is required under ihe terms of said Contract to furnish a bond of faithful
<br /> performance of said Contract.
<br /> NOW, THEREFORE, if the PRINCIPAL shall well and truly perform and fuifill ali of the
<br /> undertakings, covenants, terms and agreements of said Contract, and any modification thereto
<br /> made as therein provided, at the time and in the manner therein specified, then this obligation
<br /> shall become null and void, otherwise it shali be and remain in full force and virtue.
<br /> The SURETY, for value received, hereby agrees that no change, extension of time, alteration or
<br /> addition to the terms of the Contract or to the work to be performed thereunder, or the
<br /> specifications incorporated therein shail impair or affect its obligations on this bond, and it
<br /> hereby waives notice of any such change, extension of time, alteration or addition to the terms
<br /> of the Contract or to the work or to the specifications,
<br /> PROVIDED, however, that the SURETY shall not be liable (1) as respects to any obligations
<br /> related to said Contract occurring after two (2) years from the date of this Bond, unless this
<br /> Bond is extended, or (2) with respect to PRINCIPAL'S obligation to procure a replacement
<br /> performance bond, as provided for in Section 13.03 of the Contract. This Bond may be
<br /> extended beyond June 2 , 2011 in the sole discretion of the SURETY by means of a
<br /> continuation certificate in form and substance satisfactory to OBLIGEE signed at feast ninety
<br /> (90) days prior to June 2 , 2011.
<br /> In the event suit is brought upon this Bond by the OBLIGEE and the OBLIGEE is the prevailing
<br /> party, the SURETY shall pay, in addition to the sums set forth above, ali costs incurred by the
<br /> OBLIGEE in such suit, inciuding reasonabie attorneys' fees to be fixed by the court.
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