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PERFORMANCE BOND <br />Contract 42010-00020 <br />BOND Np 09010055 Job #4583, 4617, 4655 <br />,KNOW ALL MEN BY THESE PRESENTS,That we EUGENE SAND CONSTRUCTION, INC <br />as principal, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND , as surety, are jointlyand <br />severally held and bound unto the CITY OF EUGENE, in Laze County in the sung of. $935,160.00 <br />NINE HUNDRED THIRTY FIVE THOUSAND ONE HUNDRED SIXTY AND NO/100 <br />for the payment of which we jointly and severally bind ouzselves, 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 />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, conditions <br />and provisions of the said contract, in all respect;., and shall well and truly and filly 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 o fthe 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 10TH day of. MAY <br />EUGENE SAND CONSTRUCTION, INC. _ <br />Principal <br />By Authorized Official Signature <br />By <br />2010 <br />Principal <br />By <br />Authorized official Signature <br />By <br />Authorized Official Signature Authorized Official Signature <br />Surety FIDELITY AND DEPOSIT COMPANY OF MARYLA <br />By N/A <br />Agent <br />(A power ofAttorney for <br />the Attorney-in-Fact must <br />be attached to this Bond) <br />Surety's Seal must be Affixed <br />