Ord00 2192 - Laserfiche WebLink

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The obligation of this Performance Bond Shall not include liability for Ices, cost, damage, fines, penalties or expense (including attorney's fees) from personal injury (including death), or from property damage (Including environmental Impairment or cleanup), or from any criminal or tortious act arising out of the performance, defiult or completion of the above Contract, nor shell the Surety obligated to provide or maintain any policy or undertaking of liability insurance Thi~ bond is for a one year term beginning October 1. 2000 . In the event of default by the Principal in the performance of the oontrect during the term of this bond, the Surety shell be lladle only for the direct loss to the Obliges due to actual excess costs of performance of the contract up to the termination of Ihia term of Ih~s bond. No suit shall be brought on this bond alter one year following its termination. Neither non-renewal by the Surety, nor failure or Inability of the Principal to Ilia e replm~-nant bond, shall constitute loss of the Obliges recoverable under this bond. The bond may be extended for additional terms et the option of the Surety, by continuetion certificate executed by the Surety. The Obligetion of this Performance bond inures solely to the bene~t of the obliges. No right of action shell acc, cue under this Performance Bond to or for the use of any person, firm, corporation, public or private entity other ti~n the obliges. In the event that the Obliges is comprised of mom then one person, firm corporation, public or private entity, the conditions, limitations end exclusions of this Performance Bond shall apply jointly end severally to ei~.,h end all constituents of the Ob#gee, and the aggregeta liability of the Surety to the Obliges shall in no event exceed the above penal sum. The consent of the Surety shell be required with regerd lo any chenges or elteretiona in the shove Contract including, but not limited to, where the cost thereof, added to prior changes or alte~-i',~ons0 causes the aggregate c, cet of e~l changes and altemticna to exceed 10 percent of the original contract price, or where the completion thereof is extended by more th~n 90 deys. No right of ection shall ,~,rue under this Peilormance bond unless demand is brought by suit, action or other legal pmcesding commended ~geinst the Surety within one yeer elter the dey that the Principel last performed labor or supplied rnatart,l for the above ContmcL ~ end ell ciatm~ end ceuses of ~oticn (including warranty requirement or the remedy of latent defects) not so commended shell be deemed extinguished and forever barred from action under this Perforrmmce Bond. In the event of conflict or inconsistency between the proviaicns of this Perforn~nce Bond and the provisions of the ebove Contract, the provisions of this Performance Bond shall control, or the obligation of the surety be deemed null end void to the extent of any enlargement or augmentation to the liabilities of the Surety proscribed by this Performance Bond. Signed, Sealed end Dated this 16 day of October , .. 2000 BFI Waste Systems of North America, Inc. National Fire Insurance Company of Hartford erda ~now P~ ~ ~ Esther C. Jimenez ~ ~R~,8~1~