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(EXECUTED IN TRIPLICATE) <br />PMORMANCE BOND <br />TRAVELERS BOND NO. 105315956 <br />LIBERTY BOND N0. 190-021-701 <br />CONTRACT #2010-00008 <br />JOB #4658 <br />ENO'WALLMENBYTHESE PRESENI.'S,Thatwe MORSE BROS., INC. DBA KNIFE RIVER , <br />as principal, and LIBERTY MUTUAL INSURANCE COMPANY AND TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA , as Surety, are jointly and <br />severally held and bound unto the CITY OF EUGENE, in Lane County in the sum of. $ 33.720.00 <br />(THIRTY THREE THOUSAND SEVEN HUNDRED TWENTY 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 a <br />certain contract, a copy of which is attached hereto, with the CITY OF EUGENE which contract, together with the <br />applicable plans, Standard Specifications, Special Specifications, and schedule of contract prices, is by this reference <br />trade a part hereof, whereby the said. principal agrees to do im 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 tole principal herein shall faithfully and truly observe and comply with the terms, conditions <br />and provisions of the said contract, m all respects, and shall well and truly and fully do and perform all smatters 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 ldnd 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 retrain 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 the <br />payment thereof <br />WITNESS our hands this 12TH day of OCTOBER <br />MORSE BROS., INC. DBA KNIFE RIVER <br />Principal ,LL <br />By)( Authorized Official Signature ✓ STEPHEN FREY <br />ASSISTANT SECRETARY <br />By <br />Authorized Official Signature <br />SUIetyTRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA <br />By / <br />HEIDI L. SMITH Agent ATTORNEY-IN-FACT <br />Principal <br />By <br />Authorized Official Signature <br />By <br />20 09 <br />Authorized Official Signature <br />SURETY:LIB~R ~~L INSUJ3ANCE COMPANY <br />By <br />Attorney-n-Fac HEIDI L. SMITH <br />(A Power of Attorney for <br />the Attomey-in-Fact must <br />be attached to this Bond) <br />Surety's Seal must be Affixed <br />