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Duplicate of A.I.A. Form A311 Feb. 1970 Edition <br /> r • <br /> FMEKANS FM <br /> 0� �� <br /> PERFORMANCE BOND <br /> KNOW ALL MEN BY THESE PRESENTS: <br /> That Ir19 ARM C0382RM011 COMPAKro, XCt - -- . <br /> (Here insert full name and address or legal title of Contractor) <br /> p.0. Box 1656, DAwnLz 9A 24 <br /> as Principal,hereinafter called Contractor,and <br /> (Here insert full name and address or legal title of Surety) <br /> FA 2W3Q- as Surety, hereinafter called Surety, are held and firmly bound unto <br /> 3w Fish T*toat Kjiz .0 <br /> (Here insert Tull name and address or legal title of Owner) <br /> as Obligee, hereinafter called Owner, in the amount of <br /> -------Dollars ($ ), <br /> for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and <br /> assigns, jointly and severally, firmly by these presents. <br /> WHEREAS, Contractor has by written agreement dated FfMSY 2. 14� <br /> entered into a contract with Owner for Film Y331W COMMME Y PARS _-- <br /> in accordance with drawings and specifications prepared by <br /> (Here insert full name and address or legal title of Architect) <br /> which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. <br /> NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said <br /> Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. <br /> The Surety hereby waives notice of any alteration or extension of time made by the Owner. <br /> Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's <br /> obligations thereunder, the Surety may promptly remedy the default, or shall promptly <br /> 1) Complete the Contract in accordance with its terms and conditions, or <br /> 2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety <br /> of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest respon- <br /> sible bidder, arrange for a contract between such bidder and Owner, and make available as Work progresses (even though there <br /> should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient <br /> funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for <br /> which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price," <br /> as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments <br /> thereto, less the amount properly paid by Owner to Contractor- <br /> Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the <br /> Contract falls due. <br /> No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the <br /> heirs, executors, administrators or successors of Owner. <br /> Signed and sealed this bx _—day of Fef r9 A.D. 19_ 7 <br /> / (Princi ) (Seall <br /> (Witness) / <br /> (Title)�P% <br /> In INKMA= CWAY <br /> '7 l- (Surety) (Seal) <br /> (Wttnees) <br /> By <br /> Attorney-in-Fact <br /> 360532-6.70 <br />