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or collateral proceeds, if any, that may remain upon satisfactory evidence to Surety, in its sole
<br /> option and discretion, that its liability under any and all Bonds has been released and discharged
<br /> without toss,and the Indemnitors have fully cornplied with this Agreement. Specific performance
<br /> is a remedy available to Surety. The Indemnitors agree and stipulate that,In any legal proceeding,
<br /> Surety is entitled to injunctive relief for specific performance of said collateral deposit obligation
<br /> and do hereby expressly waive and relinquish any and all claims or defenses to the contrary.
<br /> Additionally, if Indemnitors fail to post collateral security, upon demand, as provided herein, for
<br /> any reason whatsoever,then Surety shall have the unconditional right to confess judgmen€against
<br /> any or all of the Indemnitors in an amount equal to the aggregate penal sum of the Bond(s)issued
<br /> for or on behalf of Indemnitors, together with all costs, expenses and attorney's fees incurred by
<br /> Surety in perfecting or enforcing such judgment. The foregoing right is in no way a limitation of
<br /> any of Surety's rights or defenses. Notwithstanding anything that can be deemed to the contrary,
<br /> all right and defenses of the Surety are specifically reserved in law and equity.
<br /> 5. Settlement or any other Resolution. The Surety has the exclusive and unconditional right and power
<br /> to determine for itself and the Indemnitors whether any claim,suit,or assertion of liability against Surety
<br /> or Principal under any Bond will be settled, compromised, tendered, or defended. The Surety's
<br /> determination will be final, binding, and conclusive upon both Principal and Indemnitors, jointly and
<br /> severally.
<br /> 6, Joint and Several. The Indemnitors hereunder are jointly, severally, and Individually fully liable to
<br /> Surety for all obligations and compliance with all of the terms and conditions set forth in this Agreement.
<br /> Release of any one or more of the Indemnitors shall not release the others. No action or inaction of
<br /> Surety, which is part of the Surety's unconditional discretion with respect to any one other than the
<br /> Indemnitors shall not relieve Indemnitors of any duties hereunder. The Indemnitors shall not be
<br /> released from liability hereunder because of the status, condition, or situation of any other signatory to
<br /> this Agreement or any person or entity defined as Principal herein.
<br /> 7. Security Interest and UCC Financing Statement: This Agreement constitutes a security agreement
<br /> in favor of Surety and also a Financing Statement enforceable in accordance with the provisions of the
<br /> Uniform Commercial Code (UCC) now or hereafter in force in any jurisdiction. In addition, this
<br /> Agreement may be so used by Surety without,in any way,abrogating,restricting or limiting the Surety's
<br /> rights and defenses under this Agreement, whether in law or in equity. The Indemnitors hereby grant
<br /> to Surety a full security interest in the following properties,assets and rights of Indemnitors, wherever
<br /> located, whether now owned or hereafter acquired or arising,and all proceeds and products hereof: all
<br /> goods (including inventory, equipment and accessions thereto), instruments (including promissory
<br /> notes), documents, accounts, chattel paper, deposit accounts, letter-of-credit rights, securities and all
<br /> other investment property, supporting obligations, any Contract or contract rights or rights to the
<br /> payment of money, insurance claims and proceeds, and all general intangibles (the"Collateral"), The
<br /> Indemnitors hereby irrevocably consent to Surety perfecting its rights hereunder without providing
<br /> notice. Surety may make such additions to this Agreement as may be necessary or desirable to permit
<br /> its filing as a financing statement under the UCC, and Indemnitors shall, at no cost to Surety, upon
<br /> demand, immediately execute and deliver such further instruments as may be necessary or desirable
<br /> to permit either the filing of this Agreement as a financing statement or the filing of a financing statement
<br /> based upon this Agreement as a security agreement, in such places as Surety will deem necessary or
<br /> desirable. The Indemnitors authorize Surety to make such filings, including continuation statements
<br /> and amendments thereto, without the signatures of Indemnitors. A copy of this Agreement will, if
<br /> recorded,constitute a consensual lien upon any and all interest in real estate and in any and all assets
<br /> then owned, in whole or in part, by Indemnitors. The failure to file or record this Agreement or any
<br /> financing statement shall not release or excuse any of the obligations of Indemnitors under this
<br /> Agreement.
<br /> 8. Attorney-In-Fact, The Principal and Indemnitors irrevocably nominate, constitute, appoint and
<br /> designate Surety as their attorney-in-fact with the right, but not the obligation, to exercise all of the
<br /> rights of Principal and Indemnitors, assigned, transferred and set over to Surety in this Agreement.
<br /> Further, to act in the name of Principal and Indemnitors to make, execute, and deliver any and all
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