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PERFORMANCE BOND <br />STATE OF TEXAS § <br />§ KNOW ALL MEN BY THESE PRESENTS: <br />COUNTY OF LAMAR § <br />That hereinafter <br />called "Principal," and . <br />a corporation organized and existing under the laws of the State of <br />, and fully licensed to transact business in the State of Texas, <br />hereinafter called "Surety," are held and firmly bound unto the CITY OF PARIS, <br />TEXAS a home-rule municipal corporation, hereinafter called "Beneficiary," in the <br />penal sum of DOLLARS <br />) plus fifteen percent (15%) of the stated penal sum as an <br />additionai sum of money representing additional court expenses, attorneys' fees, and <br />liquidated damages arising flut of or connected with the below identified Contract in <br />lawful money of the United States, to be paid in Lamar County, Texas, for the <br />payment of which sum well and truly to be made, we bind ourselves, our heirs, <br />executors, administrators and successors, jointly and severally, firmly by these <br />presents. This Bond shall automatically be increased by the amount of any Change <br />Order or Supplemental Agreement which increases the Contract price, but in no <br />event shall a Change Order or Supplemental Agreement which reduces the Contract <br />price decrease the penal sum of this Bond. <br />THE OBLIGATION <br />Principal entered into a <br />day of <br />TO PAY SAME is conditioned as follows: Whereas, the <br />certain written Contract with the Beneficiary, dated the <br />by reference, for the construction <br />described as follows: <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 the <br />Beneficiary, with or without notice to the Surety, and during the life of any guaranty or <br />warranty required under this Contract, and shall also well and truly perform and fulfill <br />all the undertakings, covenants, terms, conditions and agreements of any and all <br />duly authorized modifications of said Contract that may hereafter be made, notice of <br />which modifications to the Surety being hereby waived; and, if the Principal shall <br />repair andlor replace a0 defects due to faulty materials and workmanship that appear <br />within a period of one (1) year from the date of final completion and final acceptance <br />of the Worlc by Beneficiary; and, if the Principal shalt fully indemnify and save <br />harmless the Beneficiary from all costs and damages which Beneficiary may suffer <br />by reason of failure to so perform herein and shall fully reimburse and repay <br />Beneficiary all out{ay and expense which the Beneficiary may incur in making good <br />40 <br />, , A.D. which is made a part hereof <br />of certain public improvements that are generally <br />PERFORMANCE BOND PAGE 1 <br />