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I LABOR AND MATERIALS PAYMENT BOND 2 3 4 KNOW ALL MEN BY THESE PRESENTS: 5 s THAT WHEREAS, Flag City, L.P. has awarded to e hereinafter designated as 9 the "Contractor" a contract for the work described as follows: 10 11 FLAG CITY WASTEWATER TREATMENT FACILITIES 12 13 AND WHEREAS, said Contractor is required to furnish a bond in connection with 14 said contract guaranteeing payment of labor and material: 15 16 NOW, THEREFORE, we the undersigned Contractor and surety are held and firmly 17 bound unto Flag City, L.P. in the sum of 18 19 20 21 22 23 said sum being not less than 50% of the contract price for which payment well and truly 24 to be made we bind ourselves, our heirs, executors and administrators, successors and 25 assigns, jointly and severally, firmly by these presents. 2s 27 THE CONDITION of this obligation is such, 28 29 That if said Contractor, his or its heirs, executors, administrators, successors or 30 assigns, or subcontractors, shall fail to pay any of the persons named in Section 3181 of 31 the Civil Code, or amounts due under the Unemployment Insurance Code with respect to 1 32 work or labor performed by any such claimant, that the surety or sureties will pay for the 33 same, in an amount not exceeding the sum specified in this bond, and also, in case suit 34 is brought upon the bond, a reasonable attorney's fees, to be fixed by the Court. 35 36 This bond shall inure to the benefit of any and all persons, companies and 37 corporations entitled to file claims under Section 1192.1 of the Code of Civil Procedure, so 38 as to give a right of action to them or their assigns in any suit brought upon this bond. 39 40 No prepayment or delay in payment and no change, extension, addition or alteration 41 of any provisions of said contract agreed to between the Contractor and the said Flag City, 42 L.P., and no forbearance on the part of the said Flag City, L.P., shall operate to relieve any 43 surety from liability on this bond, and consent to make such alteration without further notice 44 to or consent by any such surety is hereby given, and said surety hereby waives the 45 provisions of Section 2819 of the California Civil Code. 4s 47 In the event suit is brought upon this bond by the Obligee and judgement is 48 recovered, the Surety shall pay all costs incurred by the Obligee in such suit, including a 49 reasonable attorney's fee to be fixed by the Court. LABOR AND MATERIALS PAYMENT BOND D-1