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....4 ENVIRONMENTAL, HAZARDOUS & TOXIC MATERIALS RIDER To be attached to and form a part of Performance Bond and/or Labor and Material Payment Bond and/or Bid Bond, numbered ASB510501 dated the 15th day of December, 2009 issued by American Safety Casualty Insurance Company as Surety behalf of Emironmental Resolulions,Inc. In favor of San Joaquin County, Department of Public Works This bond is executed on the following express conditions, which are precedent to any recovery hereunder: I. That no claim, suit or other legal action can be brought against this bond because of any insurance or worker's compensation requirements contained in the related contract or any changes thereto. This includes, but is not limited to, lack of any insurance or worker's compensation or inadequate insurance coverage limits carried by the Principal, its Agents, servants employees or any contractor employed by the Principal. II. No claim, suit or other legal action can be brought against this bond for any release, escape, migration, dispersal or seepage of any hazardous waste or substance, pollutant, asbestos, lead, mold, mildew, fungus or other microbiological contaminant or other toxic or hazardous material, gas or liquid or for any recurrence of any hazardous condition. III. That no claim, suit, or other legal action can be brought against this bond by anyone other than the obligee and those parties expressly permitted by the statutes applicable to this bond. IV. No claim, suit, or other legal action shall be commenced against the Principal or Surety for any default in performance, labor performed, or materials supplied after one (1) year after substantial completion. 15th day of December 2009 at Jersey City New Jersey (Clrr) (STATE) American Safety Casualty Insurance Company By Maria padaccini Attomey-in-Fact