Ord00 2192 - Laserfiche WebLink

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Performance Bond The obligation of this Performance Bond Shall not include liability for loss, cosl, 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, default or completion of the above Contract, nor shall the Surety obligated to provide or maintain any policy or undertaking of liability insurance This bond is for a one year term beginning October 1, 2002 . In the event of default by the Principal in the performance of the contract during the term of this bond, the Surety shall be liable only for the direct loss to the Obligee due to actual excess costs of performance of the contract up to the termination of this term of this bond. No suit shall be brought on this bond after 60 days following its termination. Neither non-renewal by the Surety, nor failure or inability of the Principal to file a replacement bond, shall constitute loss of the Obligee recoverable under this bond. T,he bond may be extended for additional terms at the option of the Surety, by continuation certificate executed by the Surety. Regardless of the number of years that this bond is renewed or continued via Continuation Certificate by the Sure[y, the liability hereunder shall not be cumulative and shall in no event excee~ the penal sum of $ 2,256,000.00 The Obligation of this Performance bond inures solely to the benefit of the obligee. No right of action shall accrue under this Performance Bond to or for the use of any person, firm, corporation, public or private entity other than the obligee. In the event that the Obligee is comprised of more than one person, firm corporation, public or private entity, the conditions, limitations and exclusions of this Performance Bond shall apply jointly and severally to each and all constituents of the Obligee, and the aggregate liability of the Surety to the Obligee shall in no event exceed the above penal sum. The consent of the Surety shall be required with regard to any changes or alterations in the above Contract including, but not limited to, where the cost thereof, added to prior changes or alterations, causes the aggregate cost of all changes and alterations to exceed 10 pement of the original contract price, or where the completion thereof is extended by more than 90 days, No right of action shall accrue under this Performance bond unless demand is brought by suit, action or other legal proceeding commended against the Surety within 60 days after the day [hat the Principal Past performed labor or supplied material for the above Contract. Any an(~ all claims and causes of actton (including warranty requirement or the remedy of latent defects) not so commended shall be deemed extinguished and forever barred from action under this Performance Bond. In the event of conflict or inconsistency between the provisions of [his Performance Bond and the provisions of the above Contract, the provisions of this Performance Bond shall control, or the obligation of the surety be deemed null and void to the extent of any enlargement or augmentation to the liabilities of the Surety prescribed by this Performance Bond. Signed, Sealed and Dated this 1 st __.day of Octob____er___ _, 2002 BFI Waste Systems of North America, Inc. The Insurance Company of the State of Pennsylvania MelissfNewman,~/ Power of~'A'~, -.) La~Lca'E//~sh ' Attorney-in-Fact