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APPENDIX 1-2 <br />CITY OF SAN LEANDRO <br />STATE OF CALIFORNIA <br />PERFORMANCE BOND <br />KNOW ALL MEN BY THESE PRESENTS: <br />WHEREAS, the City of San Leandro, State of California, has awarded to <br />,hereinafter designated as the "Principal," a contract for <br />(project title and no.) and, <br />WHEREAS, said Principal is required under the terms of said contract to furnish a bond for the <br />faithful performance of said contract. <br />NOW, THEREFORE, we the Principal, and <br />as Surety, are held and firmly bound unto the City of San Leandro in the penal sum of <br />($ )~ <br />lawful money of the United States for the payment of which sum well and truly to be made, we <br />bind ourselves, our heirs, executors, administrators, successors, or assigns jointly and severally, <br />firmly by these presents. <br />THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal, or <br />Principal's heirs, executors, administrators, successors, or assigns, shall in all things stand to and <br />abide by, and well and truly keep and perform the covenants, conditions, and agreements in said <br />contract and any alteration thereof made as therein provided, on the Principal's part, to be kept <br />and performed at the time and in the manner therein specified and in all respects according to <br />their true intent and meaning; and shall defend, indemnify and save harmless the City of San <br />Leandro, its officers and agents as therein stipulated, then this obligation shall become null and <br />void; otherwise it shall be and remain in full force and virtue. <br />And the Surety, for value received hereby stipulates and agrees that, in accordance with the <br />Plans, Standard Specifications, Special Provisions, and other contract documents, no change, <br />extension of time, alteration, or addition to the terms of the contract, or to the work to be <br />performed hereunder, or to the specifications accompanying the same shall in anywise affect its <br />obligations on this bond, and it does hereby waive notice of any such change, extension of time, <br />alteration of additions to the terms of the Contract to the work, or to the specifications. <br />The City reserves the right to refuse use of any Contractor assigned by any surety to complete <br />the work. <br />WPCP Cogeneration 090808 -Page 58 of 60 <br />