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<br />f...Uber1J.
<br />\p Mutucil.
<br />
<br />Interchange Corporate Center
<br />450 Plymouth Road, Suite 400
<br />Plymouth Meeting, PA. 19462-1644
<br />Ph. (610) 832-8240
<br />
<br />PAYMENT BOND
<br />
<br />Bond Number: 190-014-577
<br />KNOW ALL MEN BY THESE PRESENTS, that we
<br />Peterson Mechanical. Inc., 30011st Avenue North, Fargo. ND 58102
<br />
<br />, as principal (the . Principal"),
<br />and Liberty Mutual Insurance Company, a Massachusetts stock insurance company, as surety (the 'Surety"),
<br />are held and firmly bound unto
<br />Cass County Government. PO Box 2806, Fargo, ND 58108-~B06
<br />
<br />in the penal sum of
<br />One Hundred Sixty-One Thousand, One Hundred Nine and Nol100s
<br />
<br />, as obligee (the 'Obligee"),
<br />
<br />Dollars ($ 161,109.00 ),
<br />for the payment of which sum well and truly to be made, the Principal and the Surety, bind ourselves, our heirs,
<br />executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
<br />
<br />WHEREAS, the Principal has by written agreement dated the 17th day of May 2005
<br />entered into a contract (the 'Contract') with the Obligee for
<br />
<br />Cass County Vector Control. Vector Control Office, 1201 West Main Avenue, West Fargo, ND
<br />Mechanical Construction
<br />NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal shall promptly
<br />make payment to all Claimants, as hereinafter defined, for all labor and material used or reasonably required for
<br />use in the performance of the Contract, then this obligation shall be null and void; otherwise it shall remain in full
<br />force and effect.
<br />
<br />PROVIDED AND SUBJECT TO THE CONDITIONS PRECEDENT:
<br />
<br />1. A "Claimanf' is defined as one having a direct contract with the Principal or with a subcontractor of the
<br />Principal for labor, material, or both, used or reasonably required for use in the performance of the
<br />Contract, labor and material being construed to include that part of water, gas, power, light, heat, oil,
<br />gasoline, telephone service or rental of equipment directly applicable to the Contract.
<br />
<br />2. The Principal and the Surety hereby jointly and severally agree with the Obligee that every Claimant, who
<br />has not been paid in full before the expiration of a period of ninety (90) days (or such lesser or greater
<br />time period as otherwise permitted by relevant law) after the date on which the last of such Claimanfs
<br />work or labor was done or performed, or materials were furnished by such Claimant, may sue on this bond
<br />for the use of such Claimant, prosecute the suit to final judgment for such sum or sums as may be justly
<br />due Claimant, and have execution thereon. The Obligee shall not be liable for the payment of any costs or
<br />expenses of any such suit.
<br />
<br />3. No suit or action shall be commenced hereunder by any Claimant:
<br />
<br />(a) Unless Claimant, other than one having a direct contract with the Principal, shall have given written
<br />notice to the Principal and the Surety within ninety (90) days (or such lesser or greater time period as
<br />otherwise permitted by relevant law) after such Claimant did or performed the last of the work or labor,
<br />or furnished the last of the materials for which said claim is made, stating with substantial accuracy
<br />the amount claimed and the name of the party to 1Nh0m the materials were furnished, or for whom the
<br />work or labor was done or performed, Such notice shall be served by mailing the same by registered
<br />mail or certified mail, postage prepaid, in separate envelopes addressed to the Principal and Surety.
<br />The Principal may be served at any place where an office is regularly maintained for the transaction of
<br />business, or in any manner in which legal process may be served in the state in which the aforesaid
<br />project is located, save that such service need not be made by a public officer, The Surety may be
<br />served to the attention of The Surety Law Department at the above-listed address.
<br />
<br />(b) other than in a state court of competent jurisdiction in and for the county or other political subdivision
<br />of the state in which the project, or any part thereof, is situated, or in the United States District Court
<br />for the district in which the project, or any part thereof, is situated, and not elsewhere.
<br />
<br />LMIC5200
<br />
<br />10f2
<br />
<br />Rev. 3/04
<br />
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