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<br />CIA Surell <br /> <br />e <br /> <br />e <br /> <br />PERFORMANCE BOND <br /> <br />Bond No. 929170216 <br /> <br />KNOW ALL MEN BY THESE PRESENTS: That we, BFI Houston Services Group <br /> <br />5301 Brookglen Drive <br /> <br />Houston <br /> <br />TX <br /> <br />77571 <br /> <br />as Principal, and the American Casualty Company of Reading, Pennsylvania , a <br />PA corporation, as Surety, subject to the Conditions, Limitations and Exclusions of this Perfonnance <br />Bond, are fundy bound unto City of LaPorte <br />604 W. Fairmont LaPorte TX 77571 , hereinafter referred to as the Obligee, <br />for such monetary amount as incurred by the Obligee, not to exceed the penal sum of <br />Five Hundred Fifty Thousand Dollars ($550,000.00 ), <br />as may be required to remedy any contrNOW6\;f,~lt by the Principal in the perfonnance of that certain written contract <br />between Principal and Obligee dated for Commercial Front End Dumpster Service <br /> <br />hereinafter referred to as the Contract; for the payment hereof, we bind ourselves, our heirs, executors, administrators <br />and successors, jointly and severally. <br /> <br />CONDITIONS <br /> <br />The obligation of this Perfonnance Bond shall be null and void unless: (1) the above Contract is in writing,and has been <br />fully executed by both the Principal and the Obligee; (2) the Principal is actually in default under the above Contract, <br />and is declared by the Obligee thereafter to be in default; (3) the Obligee has perfonned all of the obligations of the <br />Obligee under the above Contract; and (4) the Obligee has provided written notice of the default to the Surety as <br />promptly as possible, and in any event, within ten (10) days after such default. <br /> <br />LIMITATIONS AND EXCLUSIONS <br /> <br />The Surety, as the sole election and discretion of the Surety, may take any of the following actions: <br /> <br />(1) With notice to the Obligee, provide fmancial assistance to the Principal to <br />remedy any contractual default by the Principal; or, <br /> <br />(2) Undertake the completion of the above Contract by the Surety, through <br />its agents or through independent contractors; or, <br /> <br />(3) Detennine the amount for which the Surety may be liable to the Obligee, <br />and as soon as a practicable thereafter, tender payment thereof to the <br />Obligee; or, <br /> <br />(4) Pay the full amount of the above penal sum in complete discharge and <br />exoneration of this Perfonnance Bond, and of all liabilities of the Surety <br />relating thereto. <br /> <br />If the Surety so elects to act, all payments and expenditures by the Surety shall be applied against the above penal sum <br />and in reduction of the limit ofliability of the Surety. <br />