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ENVIRONMENTAL, HAZARDOUS & TOXIC MATERIALS RIDER <br /> To be attached to and form a part of Performance Bond and/or Labor and Material <br /> Payment Bond and/or Bid Bond, numbered ASB510501 dated the 15th day <br /> of December, 2009 issued by American Safety Casualty insurance <br /> Company as Surety behalf Of Environmental Resolutions,Inc. in favor Of <br /> San Joaquin County, Department of Public Works This bond is executed on the following <br /> express conditions, which are precedent to any recovery hereunder: <br /> 1. That no claim, suit or other legal action can be brought against this bond <br /> because of any insurance or worker's compensation requirements <br /> contained in the related contract or any changes thereto. This includes, but <br /> is not limited to, lack of any insurance or worker's compensation or <br /> inadequate insurance coverage limits carried by the Principal, its Agents, <br /> servants employees or any contractor employed by the Principal. <br /> 11. No claim, suit or other legal action can be brought against this bond for any <br /> release, escape, migration, dispersal or seepage of any hazardous waste or <br /> substance, pollutant, asbestos, lead, mold, mildew, fungus or other <br /> microbiological contaminant or other toxic or hazardous material, gas or <br /> liquid or for any recurrence of any hazardous condition. <br /> 111. That no claim, suit, or other legal action can be brought against this bond by <br /> anyone other than the obligee and those parties expressly permitted by the <br /> statutes applicable to this bond. <br /> IV. No claim, suit, or other legal action shall be commenced against the <br /> Principal or Surety for any default in performance, labor performed, or <br /> materials supplied after one (1) year after substantial completion. <br /> 15th day of _December 2009 at Jersey City New Jersey <br /> —�L <br /> (CITY) (STATE) <br /> American Safety Casualty Insurance Company <br /> By: PP <br /> MariaP padaccini Attorney-in-Fact <br /> i <br /> ti <br />