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Provided above and Obligee has agreed to pay the Balance of the Contract Price to the Surety or to a <br />contractor selected by Surety to perform the Contract Work. <br />Whenever Principal shall be, and be properly declared by Obligee to be, in default under the Contract and the <br />Obligee has terminated the Contract, the Obligee having performed Obligee's obligations thereunder, the <br />Surety may: <br />(1.) Remedy the default subject to the provisions of paragraph (4.) below; or <br />(2.) Arrange for the continued performance of the Work under the Contract subject to the provisions of <br />paragraph (4.) below. <br />(3.) Deny liability in whole or in part and notify the Obligee citing the reasons therefor, in which event <br />Obligee shall be entitled to pursue such remedies as may be available to it at law, subject to the terms <br />and limitations hereof. <br />(4.) The Balance of the Contract Price, as defined below, shall be credited against the reasonable cost of <br />completing performance of the Contract. If completed by the Obligee, and the reasonable cost exceeds <br />the Balance of the Contract Price, the Surety shall pay to the Obligee such excess, but in no event <br />shall the aggregate liability of the Surety exceed the amount of this bond. If the Surety arranges <br />completion or remedies the default, that portion of the Balance of the Contract Price as may be <br />required to complete the Contract Work or remedy the default and to reimburse the Surety for its <br />outlays shall be paid to Surety at the times and in the manner as said sums would have been payable <br />to Principal had there been no default under the Contract. The term "Balance of the Contract Price" as <br />used in this paragraph shall mean the total amount payable by Obligee to Principal under the Contract <br />and any amendments thereto, less the amounts heretofore properly paid by Obligee under the <br />Contract. <br />As a further condition precedent to coverage under this Bond, Obligee must give Surety the written notice <br />stated above no later than one (1) year from the earliest to occur of the following: (i) the date of any <br />abandonment of the Contract; (ii) the date final payment is made to the Principal under the Contract; or (iii) the <br />date the Principal last performed Work under the Contract. Any default declared or claim made by the Obligee <br />outside of this timeframe is not covered by this Bond. <br />No right of action shall accrue on this bond to or for the use of any person or entity other than the Obligee <br />named herein. By acceptance of this bond, Obligee agrees with Surety and Principal that no suit shall be filed <br />on this bond after two years from earliest date in sections i - iii of the immediately preceding <br />paragraph, <br />may suit be brought other than in a state court of competent jurisdiction in and for the county or other polit cal <br />subdivision of the state in which the project, or any part thereof, is situated, or in the United States District <br />Court for the district in which the project, or any part thereof, is situated, and not elsewhere; provided, however, <br />if the limitation or period of time to make claims herein are prohibited by any law, then such limitation or period <br />of time shall be deemed to be amended so as to be equal to the minimum period of limitation or notice allowed <br />by such law. <br />The terms and conditions of this Bond shall be binding upon Principal, Obligee, and Surety, and their <br />respective successors and permitted assigns. Obligee may not assign this Bond or any rights hereunder <br />without the express written consent of Surety. <br />Signed and sealed this 2nd day of June 2008. <br />Principal: Bell Building Maintenance Company <br />Signatur -� <br />Name u_ yang <br />Title p Psi dPnt- <br />