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<br />2, Notwithstanding any other provision of this bond or the Contract, or otherwise, the Surety is not responsible for <br />and shall not be held liable to the Obligee for any hazardous waste removal and the Surety shall not be held <br />liable to, or in any other respect be responsible to, the Obligee by way of indemnity, claims or otherwise, or to <br />any public authority or to any other person, firm or corporation, for or on account of any fines or claims by any <br />public authority or for bodily injuries or property damage to any person or thing, including, but not limited to, <br />injury or damage due to the release or threat of release of hazardous substances of any kind or damage to <br />real estate or to the environment or clean-up costs or other damages of whatever kind or nature arising out of <br />any act of commission or omission by the Principal, the Principal's agents, servants, employees, <br />subcontractors or suppliers or any other person in connection with the performance of the Contract This <br />limitation applies regardless of when any such fine is assessed, claim is made, or injury, damage, release or <br />threat of release occurs and without regard to any term or condition of the Contract. <br /> <br />3. The Surety hereby waives notice of any alteration or extension of time made by the Obligee. <br /> <br />4. Any suit under this bond must be instituted before the expiration of one (1) year from the date on which the <br />Principal ceased to work on the Contract or such time period as otherwise permitted by relevant statute. If the <br />provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties <br />as a defense in the jurisdiction of the suit shall be applicable. <br /> <br />5. No right of action shall accrue on this bond to or for the use of any person or corporation other than the <br />Obligee named herein or the heirs, executors, administrators or successors of the Obligee. <br /> <br />6. Any claims must be presented in writing to Uberty Mutual Insurance Company to the attention of the Surety <br />Law Department at the above address. <br /> <br />DATED as of this 23rd day of May , 20~. <br /> <br />~ <br /> <br /> <br />(Seal) <br /> <br />LIBERTY MUTUAL INSURANCE COMPANY <br />(Surety) <br /> <br />B~ ~A'~ <br />. Attorney-In-Fact <br />James . adden <br /> <br />(Seal) <br /> <br />LMIC5100 <br /> <br />Page 2 of 2 <br /> <br />Rev.3/04 <br />