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'~ond No.: JX5336 <br /> <br /> PREMIUM INCLUDED IN <br /> PERFORMANCE BOND <br /> <br /> LABOR AND MATERIAL BOND <br /> <br /> Mateo, State of California, and T ~E , <br /> (hereafter designated as "Principal") have entered into an <br /> agreement whereby Principal agrees to install and complete <br /> certain designated public improvements, which said agreement, <br /> dated , 19__, and identified as Project SEE BELOW , <br /> is hereby referred to and made a Dart hereof; and <br />~*IM~ROVEMENT OF @ HOME CORPORATE CAMPUS PHASE <br /> 2 <br /> WHEREAS, under the terms of the agreement, Principal is <br /> required before entering upon the performance of the work to file <br /> a good and sufficient payment bond with the City to secure the <br /> claims to which reference is made in Title 15 (commencing with <br /> section 3082) of Part 4 of Division 3 of the Civil Code of the <br /> State of California; <br /> <br /> NOW, THEREFORE, we, the Principal and the undersigned as <br /> corporate Surety, are held and firmly bound unto the City and all <br /> contractors, subcontractors, laborers, materialmen, and other <br /> persons employed in the performance of the agreement and referred <br /> to in Title 15 of the Civil Code* in the sum of $'l.100,000.$0for <br /> materials furnished or labor thereon of any kind, or for amounts <br /> due under the Unemployment Insurance Act with respect to such <br /> work or labor, that Surety will pay the same in an amount not <br /> exceeding the amount set forth. If suit is brought on this bond, <br /> Surety will pay, in addition to the face a~ount thereof, costs <br /> and reasonable expenses and fees, including reasonable attorneys' <br /> fees, incurred by the City in successfully enforcing the <br /> obligation, to be awarded and fixed by the Court, to be taxed as <br /> costs, and to be included in the judgment rendered. <br /> <br /> it is hereby expressly stipulated and agreed that this bond <br />shall inure to the .benefit of any and all persons, companies, and <br />corporations entitled to file claims under Title 15 (commencing <br />with section 3082) of Part 4 of Division 3 of the Civil Code, so <br />as to give a right of action to them or their assigns in any suit <br />brought upon this bond. <br /> <br /> If the condition of this bond is fully performed, then this <br />obligation shall become null and void; otherwise, it shall be and <br />remain in full force and effect. <br /> <br /> The Surety hereby stipulates and agrees that no change, <br />extension of time, alteration, or addition to the terms of the <br />agreement or the specifications accompanying the agreement shall <br />in any manner affect its obligations on this bond. The Surety <br />hereby waives notice of any such change, extension, alteration, <br />or addition. <br /> <br /> * Although Govt C ~66499.2 says "Code of Civil Procedure" at <br />this point, the reference is obviously to the Civil Code. <br /> <br /> <br />