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~~ , ,~ <br />~. <br />~A <br />~. <br />ARCH INSURANCE COMPANY <br />Premium Based on Final Contract Price <br />Bond Number : SU 1102668 <br />Premium : $15,000.00 <br />PERFORMANCE BOND <br />KNOW A1,L MEN BY THESE PRESENTS, That, Sentrv Control Svstems as Principal, hereinafter called Principal, and <br />ARCH INSURANCE COMPANY, as Surety, hereinafter called Surety, are held and firmly bound unto The City of Santa <br />Ana as Obligee, hereinafter called Owner, in the amount of One Million One Hundred Fifty Thousand Thirty Five <br />Dollars and xx/100 DOLLARS (1,150,035.00), for the payment whereof Principal and Surety bind themselves, their heirs, <br />executors, administrators, successors and assigns, jointly and severally, firmly by these presents. <br />WHEREAS. Principal has by written agreement dated S~~,Q/04 -entered into a contract with Owner for <br />Purchase and Installation of Parking Control Equipment <br />NOW THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly and faithfully <br />perform said contract, then this obligation shall be null and void, otherwise it shall remain in full force and effect. <br />THE Surety hereby waives notice of any alteration or extension of time made by the Owner. <br />WHENEVER, Principal shall be, and declared by Owner to be in default under the contract, the Owner having performed <br />Oevner's Obligations thereunder, the Surety may promptly remedy the default, or shall promptly: <br />1. Complete the contract in accordance with its terms and conditions or <br />Obtain a bid or bids for completing the contract in accordance with its terms and conditions, and upon determination <br />by Surety of the lowest responsible bidder, or if the Owner elects, upon determination by the Owner and the Surety <br />jointly of the lowest responsible bidder arrange for a contract between such bidder and Owner, and make available <br />as work progresses (even though there should be a default or a succession of defaults under the contract or contracts <br />of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the <br />contract price; including other costs and damages for which the Surety may be liable hereunder, but not exceeding <br />the amount set forth in the first paragraph hereof. The term "balance of the contract price" as used in the <br />paragraph, shall mean the total amount payable by the Owner to the Contractor under the Contract and any <br />amendments thereto, less the amount properly paid by Owner to Contractor. <br />Any suit under this bond must be instituted before the expiration of Two (2) years from the date on which final payment <br />under the contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other <br />than the Owner named herein or the heirs, executors, administrators or successors of Owner. <br />SIGNED, SEALED, DATED: July 23, 2009 <br />Sentry Control Systems <br />`~~ (Principal) <br />By: <br />Arch Insurance Company <br />(Surety) <br />Aidan Smock ,Attorney In fact <br />DIRECT CORRESPONDENCE TO: <br />Arch Insurance Group, 10755-F Scripps Poway Parkway, #448, San Diego, CA 92131 <br />PHONE (858) 271-4393. FAX (858) 271-8141 <br />I~~.F.,........,.o D,._.,J ~ nn <br />