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(EXECUTED IN TRIPLICATE) <br /> 104945998 PERFORMANCE BOND <br /> <br /> TRAVELERS BOND N0. CONTRACT #2007-27 <br /> LIBERTY BOND NO. 190-D17-919. JOB #4345 & 4421 <br /> KNOW ALL MEN BY THESE PRESENTS, That we MORSE EROS INC. DBA KNIFE RIVER , <br /> aS prtnClpal, and LIBERTY MUTUAL INSURANCE COMPANY AND TRAVELERS CASUALTY AND SURETY COMPANY OF AMERIG4 ~ surety, are jointly and <br /> severally held and bound unto the CITY OF EUGENE, in Lane County in the sum of: $1,188,881.00 <br /> ( ONE MILLION ONE HUNDRED EIGHTY EIGHT THOUSAND EIGHT HUNDRED EIGHTY ONE DOLLARS AND NO CENTS) <br /> for the payment of which we jointly and severally bind ourselves, our heirs, executors, administrators and assigns or <br /> successors and assigns, firmly by these presents. <br /> THE CONDITION OF THIS BOND IS SUCH that, whereas the said principal herein has made and entered into <br /> a certain contract, a copy of which is attached hereto, with the CITY OF EUGENE which contract, together with <br /> the applicable plans, Standard Specifications, Special Specifications, and schedule of contract prices, is by this <br /> reference made a part hereof; whereby the said principal agrees to do in accordance with the certain terms, conditions, <br /> requirements, plans and specifications which set out in said contract and all authorized modifications of the contract <br /> which increase the amount of the work and the amount of contract. Notice to the surety of any of the immediately <br /> foregoing are waived. <br /> NOW, THEREFORE, if the principal herein shall faithfully and truly observe and comply with the terms, condi lions <br /> and provisions of. the said contract, in all respects, and shall well and truly and fully do and perform all matters and <br /> things by him undertaken to be performed under said contract, upon the terms set forth therein, and within the time <br /> prescribed therein, or as extended as provided in the contract, and shall indemnify and save harmless the CITY OF <br /> EUGENE, its officers, employees, and agents, against any direct or indirect damages of every kind and description <br /> that shall be suffered or claimed to be suffered in connection with or arising out of the performance of the said <br /> contract by the said Contractor or his Subcontracts and shall in all respects perform said contract according to law, <br /> then this obligation is to be void, otherwise to remain in full force and effect. <br /> Nonpayment of the bond premium will not invalidate this bond nor shall the CITY OF EUGENE be obligated for <br /> the payment thereof <br /> 'WITNESS our hands this 19TH day of )~JNF , 20 07 <br /> MORSE BROS., INC. DBA KNIFE RIVER <br /> Principal Principal <br /> BY~_ nY <br /> STEPN FRkY <br /> Authorii~s~?~~~~nature Authorized Official Signature <br /> BY ~ BY <br /> Authorized Official Signature Authorized Official Signature <br /> SURETY: TRAVELERS U~ AID NU~MPANY OF AMERICA <br /> Surety LIBERTY TUAL INS PANY IIy 4 y~,,:~~¢ ~ <br /> Attorney-m-Fact ~ ~ ~ ' <br /> ` , H~iDI L. SMITH <br /> By . <br /> hcIDI L. SMITH Agent ATTORNEY-IN-FACT <br /> (A Power of Attotncy for <br /> the Attorney-in-Fact must <br /> be attached to this Bona) <br /> Surety's Seal must be Affixed <br /> <br />