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05/19/2005 15:23 FAX 9542171723 SILTEK.GROUP.INC. Z 004/004 1810 ACTIVE PARK 1. Bidder and Surety, jointly and severally, bird themselves, their helm. eaecutcra, administrators, suocessors and assigns to pay to Owner upon default of Bidder any di(ferenoe between the total amount of 8lddoes bid and the total amount of the bid of the next lowest. responsibla and responsive bidder as determined by Owner for the Work required by the Contract Documents, provided that. 1.1. If there is no such next lowest, responsible and responsive bidder, and Owner does not abandon the Project, then Bidder and Surety shall pay to Owner the penal sum set forth on the feoa of this Bond, and 1.2. In no event shall Bidders and Suroty'o obligation hereunder exceed the penal sum set forth on the face of this Bond, 2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension thereof agreed to In writing by Owner) the executed Agreement required by the Bidding Documenta and any performance and payment bonds required by the Bidding Documents and Contract Documents. 3. This obligation shall be null anti void If: 3.1. Owner accepts Bidder's bid and Bidder delivers within the time required by the Bidding Doou nenta (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents and Contract Documents, or 3.2. All bids are rejected by Owner, or 3.3. Owner falls to Issue a notice of award to Bidder wlthln the time specified In the Bidding Documents (or any extension thereat agreed to In wilting by Bidder and, If applicable, consented to by Surety when required by paragraph 5 hereof). 4. Payment under this Bond will be due and payable upon defautt by Bidder and within 30 calendar days after receipt by Bidder and within 30 calendar days after receipt by Bidder and Surety of written notice of default from Owner. which notice vAli be given with reasonable promptness, Identlfying this Bond and the Project and Including a statement of the amount due. APRIL. 10, 2OW S. Surety waives notice of and any and all defenses based on or arleing out of any time extension to Issue notice of award agreed to In writing by Owner and Bidder, provided that the total time for Issuing notioe of award Including extensions shall not In the aggregate exceed 120 days from Ski Due Data without Surety's written consent. a. No suit or action shall be commenced under this Bond prior to 30 Calendar days after the nottoe of default required In paragraph 4 above Is received by Bidder and Surety and In no case later than one year after Bid Due Date. 7. Any suit or action under this Bond shall be oommenoed only In a court of oompetent Jurisdiction located In the state in which the Project Is located. 8. Notes required hereunder shall be In writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier or by United States Registered or Certffled Mail, return receipt requested, postage pre -paid, and shall be deamed to be effective upon receipt by the party concerned. 9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidanoing the authority of the officer, agent or representative who executed thle Bond on bahalf of Surety to execute, seal and deliver such Bond and bind the Surety thereby, 10. This Bond Is Intended to conform to all applicable statutory requirements. Any applicable requlremeM of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if Bet forth at length. If any provielon of this Bail conflicts with any applicable provision of this Bond confllcN with any applI=abte provision of any applicable statute, then the provision of said statute shall govem and the remainder of this Bond thrt is not In conflict therewith shall Continue In full fords and affoot. 11. The term 'bid' as used herein Inoludss a bid, offer or proposal as applicable. BID BOND 00401 -2