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PERFORMANCE BOND <br />STATE OF TEXAS ~ <br />COUNTY OF <br />KNOW ALL MEN BY THESE PRESENTS: That <br />of the City of <br />County of , and State of , as <br />principal, and <br />authorized under the laws of the State of Texas to act as surety on bonds for principals, are held <br />and firmly bound unto (Owner), <br />in the penal sum of Dollars ) <br />for the payment whereof, the said Principal and Surety bind themselves, and their heirs, <br />administrators, executors, successors and assigns, jointly and severally, by these presents: <br />WHEREAS, the Principal has entered into a certain written contract with the Owner, <br />dated the day of , 19 , to <br />which contract is hereby referred to and made a part hereof as fully and to the same extent <br />as if copied at length herein. <br />NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the <br />said Principal shall faithfully perform said Contract and shall in all respects duly and faithfully <br />observe and perform all and singular the covenants, conditions and agreements in and by said <br />contract agreed and covenanted by the Principal to be observed and performed, and according to <br />the true intent and meaning of said Contract and the Plans and Specifications hereto annexed, <br />then this obligation shall be void; otherwise to remain in full force and effect; <br />"PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of (Article <br />5160 for Public Work) (Article 5472d for Private Work)* of the Revised Civil Statutes of Texas as <br />amended and all liabilities on this bond shall be determined in accordance with the provisions of <br />said Article to the same extent as if it were copied at length herein." <br />Surety, for value received, stipulates and agrees that no change, extension of time, alteration <br />or addition to the terms of the contract, or to the work performed thereunder, or the plans, speci- <br />fications, or drawings accompanying the same, shall in anyway affect its obligation on this <br />*Not applicable for federal work. See "The Miller Act," 40 U.S.C. S270. <br />PB-1 <br />Q by Texaz Section, ASCE 1971 <br />