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<br />NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION, is such that, if the Principal shall <br />promptly, fully and faithfully perform all the undertakings, covenants, terms, conditions and agreements <br />of said Contract during the original term of said Contract any extensions thereof that may be granted <br />by the Principal Representative with or without notice to the Surety, and during the life of any guaranty <br />required under the Contract, and shall also well and truly perform and fulfill all undertakings, <br />covenants, terms, conditions and agreements of any and all duly authorized modifications of said <br />Contract that may hereafter be made, notice of which modifications to the Surety being hereby waived, <br />then this obligation shall be null and void; otherwise it shall remain in full force and effect. <br />AND THE SAID SURETY, for value received hereby stipulates and agrees that whenever the Principal <br />shall be, and declared by the Principal Representative to be in default under said Contract, the State of <br />Colorado having performed its obligations thereunder, the Surety may promptly remedy the default or <br />shall promptly (1) Complete the Contract in accordance with its terms and conditions, or (2) Obtain a <br />bid or bids for submittal to the Principal Representative for completing the Contract in accordance with <br />its terms and conditions, and upon determination by the Principal Representative and Surety of the <br />lowest responsible bidder, arrange for a contract between such bidder and the State of Colorado acting <br />by and through the Principal Representative and make available as work progresses (even though <br />there should be a default or a succession of defaults under the contract or contracts of completion <br />arranged under this paragraph) sufficient funds to pay the cost of completion, less the balance of the <br />contract price but not exceeding, including other costs and damages for which the Surety may be liable <br />hereunder, the amount hereinbefore set forth. The term "balance of the contract price" as herein used <br />shall mean the total amount payable to the Principal under the Contract and any amendments thereto, <br />less the amount properly paid by the State of Colorado to the Contractor. <br />No right of action shall accrue on this bond to or for the use of any person or corporation other than the <br />State of Colorado. <br />IN WITNESS WHEREOF said Principal and Surety have executed this Bond, this day of , <br />A. D., 2009. <br />(Corporate Seal) THE PRINCIPAL <br />K & P Property Designs, LLC <br />236 South 3r Street #219 <br />Montrose O 8140 <br />ATTEST: <br />By: <br />Title: ZX, <br />Secretary <br />yy (Corporate Seal) SURETY <br />Washington International Insurance Company <br />%..s P.O. Box 60130 <br />Grand Junction, CO 81506 <br />By: <br />C V <br />V ine Kor luth ttorney-in-fact <br />.? ,. <br />THIS BOND MUST BE ACCOMPANIED BY POWER OF ATTORNEY, EFFECTIVELY DATED <br />Note: This bond is issued simultaneously with another bond <br />conditioned for the full and faithful payment for all labor <br />and material of the contract. <br />State Form SC-6.22 Page 2 of 2 <br />(Rev. 9/2006)