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(EXECUTED IN TRIPLICATE) <br />PERFORMANCE BOND <br />TRAVELERS BOND NO. 105402145 <br />LIBERTY BONA NO. 190-022-804 <br />Contract #7.010-0007.2 <br />Job #4637 & 4435 <br />KNOW ALL MEN BY THESE PRESENTS, That we KNIFE RIVER CORPORATION-NORTHWEST <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: $ 1,199,199.19 <br />ONE MILLION ONE HUNDRED NINETY NINE THOUSAND ONE HUNDRED NINETY NINE DOLLARS AND NINETEEN CENTS.--y <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 />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 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 OFEUGENE be obligated for the <br />payment thereof. <br />WITNESS our hands this 17TH day of MAY . , 20 10 <br />KNIFE RIV OR ION-NORTHWEST <br />Pz~ixa:~ip~l <br />By <br />Authorized Official Signature DAVE BULL <br />PRESIDENT <br />Principal <br />By <br />Authorized Official Signature <br />By By <br />Authorized Official Signature Authorized Official Signature <br />SURETY:LI MUTUAL INSURANCE COMPANN <br />Surety TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA By j> <br />A o ey-in- act HEIDI L. SMITH <br />By <br />Agent <br />HEIDI L. SMITH, ATTORNEY-IN-FACT (A Power of Attorney for <br />the Attorney-inn-Fact must <br />be attacked to this Bond) <br />Surety's Seal must be Affixed <br />