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EXHIBIT "C <br />PERFORMANCE BOND <br />STATE OF TEXAS § <br />§ <br />COUNTY OF LAMAR § <br />KNOW ALL MEN BY THESE PRESENTS: That <br />whose address is <br />, hereinafter <br />called Principal, and , <br />a corporation organized and existing under the laws of the State of , and <br />fully licensed to transact business in the State of Texas, as Surety, are held and firmly <br />bound unto the CITY OF PARIS, a municipal corporation organized and existing under <br />the laws of the State of Texas, hereinafter sometimes called "City", and <br />, hereinafter <br />sometimes called "Owner" (the City and Owner are collectively called "Obligees"), in the <br />penal sum of DOLLARS ) in <br />lawful money of the United States, to be paid in Lamar County, Texas, for the payment <br />of which sum well and truly to be made, we bind ourselves, our heirs, executors, <br />administrators and successors jointly and severally, firmly by these presents. This Bond <br />shall automatically be increased by the amount of any Change Order or Supplemental <br />Agreement which increases the Contract price, but in no event shall a Change Order or <br />Supplemental Agreement which reduces the Contract price decrease the penal sum of <br />this Bond. <br />THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the <br />Principal entered into a certain Contract with Owner (the "Contract") dated the day <br />of , 20 , which is made a part hereof by reference, wherein the <br />City is a third party beneficiary with regard to the completion of certain public <br />improvements (as defined therein); said Contract calling for the completion of the public <br />improvements among other things. <br />NOW, THEREFORE, if the Principal shall well, truly and faithfully perForm and <br />fulfill all of the undertakings, covenants, terms, conditions and agreements of said <br />Contract in accordance with the plans, specifications and Contract Documents during <br />the original term thereof and any extension thereof which may be granted by Obligees, <br />with or without notice to the Surety, and shall also well and truly perform and fulfill all the <br />undertakings, covenants, terms, conditions and agreements of any and all duly <br />authorized modifications of said Contract that may hereafter be made, notice of which <br />modifications to the Surety being hereby waived; and, if the Principal shall fully <br />indemnify and save harmless the Obligees from all costs and damages which Obligees <br />may suffer by reason of failure to so perform herein and shall fully reimburse and repay <br />Obligees all outlay and expense which the Obligees may incur in making good any <br />am 000192 <br />_ _ r <br />