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8. PERFORMANCE GUARANTEE. On or before the commencement of <br /> construction of the Project,the Company or its designated representative shall deliver to <br /> the County a surety bond or letter of credit, hereinafter referred to as the"Performance <br /> Guarantee", in the amount equal to Two Hundred Fifty Thousand Dollars($250,000.00). <br /> Should the Company violate this agreement by failing to repair and maintain the Haul <br /> Route County Roads, as agreed herein, the County may draw upon the Performance <br /> Guarantee as necessary to restore the County Roads to their original condition. In the <br /> event that the Performance Guarantee is not sufficient to cover the cost of repairs, the <br /> Company shall be liable to the County for all reasonable and competitively bid costs <br /> including reasonable attorney fee and costs) incurred by the County in repairing the <br /> affected Roads to substantially the same condition they were in at the time of the pre- <br /> inspection and recovering the costs of such repairs. The Company shall have a right to <br /> receive details of all expenses incurred by the County. The Performance Guarantee <br /> shall be returned to the Company, or released, within one (1) week of the final <br /> inspection (provided the County is satisfied with the final inspection)and the obligations <br /> of the Company have been fulfilled under this Agreement. Failure of the Company to <br /> return the County Roads to their original or better condition by the end of the completion <br /> date set forth in paragraph 3 above, may also result in the County acting against the <br /> Performance Guarantee to the extent necessary to restore the County Roads. <br /> 9. OTHER TERMS AND CONDITIONS. The following terms and conditions <br /> whether set forth above or below, shall apply at all times during the term of this <br /> Agreement. <br /> a. The County reserves the right to impose reasonable limitations on the <br /> hours during which Company vehicles and equipment may be moved on the County <br /> Roads covered by this Agreement. The County, acting reasonably, and depending <br /> upon the prevailing weather conditions, should the conditions make such use hazardous <br /> to the motoring public, or if emergencies warrant such suspension, may choose to <br /> temporarily suspend use of the County Roads. In such event, the County shall use its <br /> best efforts to notify the Company verbally prior to taking such action, and to consult <br /> with the Company in order to minimize any construction delays to the Project. <br /> b. The Company shall provide,at its sole expense,all equipment, materials <br /> and labor required to restore the road surface of the Haul Route Roads in substantially <br /> the same condition the Roads were in immediately prior to the use of such Roads. <br /> c. The Company shall be liable at all times for the repair, to the reasonable <br /> satisfaction of the County, of any damage to the Roads caused by the Company's'use. <br /> Any repairs undertaken shall restore the road surface to substantially the same <br /> condition it was in immediately prior to the use of the Road. The Company shall, <br /> providing that the weather and weather-related conditions permit, complete any <br /> necessary repairs or repairs which pose a risk to the motoring public within seven(7) <br /> -6- <br /> ActiveUS 175104252v.1 <br />