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and assigns, as their interests may appear.
<br /> 13. Invalidity. If the execution hereof by any of the Indemnitors may be defective or invalid for any reason,
<br /> such defect or invalidity will not affect the validity hereof as to any other of the Indemnitors. Invalidity of
<br /> any provisions hereof by reason of the law of any State or for any other reason shall not render the
<br /> other provisions hereof invalid.
<br /> 14. Enforcement. The availability of any particular right or remedy will not be prejudiced by either (i) a
<br /> delay by Surety in exercising it, or (H) Surety's decision to exercise or not exercise any other right or
<br /> remedy. The obligations of Indemnitor(s)hereunder are in addition to,and not in lieu of,its obligations,
<br /> if any, to Surety under any other agreements. In the event of any conflict or inconsistency between the
<br /> terms of this Agreement and the terms of any of the other agreements,the term or interpretation most
<br /> favorable to the Surety, as solely determined by the Surety, shall control. Separate suits may be
<br /> brought under this Agreement and any other agreements as causes of action accrue, and the bringing
<br /> of suit or the obtaining of judgment or recovery of damages upon other causes of action whether
<br /> theretofore or thereafter arising. If for any reason this Agreement is invalid as to Principal or any
<br /> Indemnitor(s), or if any Indemnitor(s)' liability under this Agreement is terminated, the remaining
<br /> Indemnitor(s)will be liable for the full amount of Loss which Surety may sustain, incur, or be liable for.
<br /> 15. Notice. The Principal and/or Indemnitors agree to immediately notify Surety in writing upon becoming
<br /> aware of any fact, issue, claim, demand, notice, or proceeding concerning any liability that may arise
<br /> under any Bond. Such notice shall be sent to Surety at QBENA Surety, at 55 Water St-201"Floor, New
<br /> York,NY 10041,Attn: Credit&Surety Department. Written notice shall be given by any of the following:
<br /> (i) confirmed email transmittal (QBE-Surety.US-BOX@us.gbe.com); (ii) overnight carrier with a
<br /> required signature by recipient;(iii)certified mail,return receipt; and/or(iv)hand delivery with a required
<br /> signature of recipient.
<br /> 16. Advances. The Surety is authorized and empowered (but not obligated) to guarantee loans, to
<br /> advance, or to lend monies to Principal for the purpose of any Contract referred to in, or guaranteed
<br /> by, the Bonds. Any and all money expended in the completion of any such Contract by Surety or
<br /> loaned, if any, or advanced from time to time to Principal, or guaranteed by Surety for the purpose of
<br /> such Contract,and all costs and expenses incurred by the Surety in relation thereto, unless repaid with
<br /> all costs, expenses, and interest by Principal to Surety, payable upon demand, shall be presumed to
<br /> be a Loss by Surety for which Indemnitors shall be responsible, irrespective that said money, or any
<br /> part thereof, is not used by Principal as intended.
<br /> 17. Books and Records. The Indemnitors shall furnish upon demand, and Surety will have the right of
<br /> free,access to, at reasonable times, the records of Principal and Indemnitors, including, but not limited
<br /> to, books, papers, records, documents, contracts, reports, financial information, accounts and
<br /> electronically stored information, for the purpose of examining and copying them. The Indemnitors
<br /> expressly authorize Surety and its duly appointed representatives such as, but not necessarily limited
<br /> to, a forensic accountant, to access their credit records, including, but not limited to, account numbers
<br /> and account balances from financial institutions. To the extent required by law, Indemnitors, upon
<br /> request, will be informed whether or not a consumer report has been requested by Surety, and if so,
<br /> the name and address of the consumer reporting agency furnishing the report.
<br /> 18. Termination.This Agreement is continuing and shall remain in full force and effect until terminated by
<br /> the Surety. The Indemnitors may request to terminate liability to Surety hereunder only by sending
<br /> written notice as provided in Section 15 hereof. The Surety shall promptly respond, in writing, to any
<br /> request for termination by an Indemnitor. Surety shall have the unconditional right to decide whether,
<br /> if any,termination is given.
<br /> 19, Chbice of Law and Jurisdiction. This Agreement shall be interpreted in accordance with the laws of
<br /> the State of New York (without giving effect to any conflicts of laws principles thereof), except to the
<br /> extent superseded by Federal law. The Federal and State Courts located in the City of New York shall
<br /> have the exclusive jurisdiction to hear and decide any dispute or controversy concerning this
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