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<br />, <br /> <br />PERFORMANCE BOND <br />(Page 2 of 2) <br /> <br />PROVIDED, HOWEVER, that this bond is subject to the following conditions and provisions: <br /> <br />1, This bond is for the term beginning August 15, 2008 <br /> <br />and ending August 14, 2009 <br /> <br />2. In the event of default by the Principal in performance of the contract during the term of this bond the Surety <br />shall be liable only for the loss to the Obligee for actual excess costs of performance of the contract up to the <br />expiration of the term of this bond and in no event shall the liability of the Surety exceed the penal sum stated <br />in this bond, <br /> <br />3. No claim, action, suit or proceeding, except as hereinafter set forth, shall be instituted or maintained against <br />the Surety under this instrument unless same be brought or instituted and process served upon the Surety <br />within one year after the expiration of the term of this bond. <br /> <br />4. Neither non-renewal by the Surety, nor failure, nor inability of the Principal to file a performance bond for <br />subsequent terms under said contract shall constitute loss to the Obligee recoverable under this bond. <br /> <br />5. The bond may be extended for additional terms at the option of the Surety, by continuation certificate executed <br />by the Surety and the Principal but regardless of the number of extensions for additional terms and the number <br />of premiums which shall be payable or paid, the liability of the Surety hereunder shall not be cumulative from <br />year to year nor period to period. <br /> <br />6, No right of action shall accrue on this bond to or for the use of any person or corporation other than the Obligee <br />named herein or the heirs, executors, administrators or successors of the Obligee. <br /> <br />Signed and sealed this <br /> <br />1 st <br /> <br />day of <br /> <br />August <br /> <br />2008 <br /> <br />_Stockto.~~~intenance Group, Inc. <br /> <br />~;pal) <br />By: . _-=-___ ___=~ <br /> <br />Western Surety Company <br /> <br />By~~a- <br /> <br />Ronald Lee Kaihoi <br /> <br />(Surety) <br />