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NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if the Principal and the <br />Surety shall fully indemnify and save harmless the State of Colorado and the Principal Representative <br />from and against any and all costs and damages, including patent infringements, which either may suffer <br />by reason of any failure or failures of the Principal promptly and faithfully to perform all terms and <br />conditions of said Contract and shall fully reimburse and repay the State of Colorado and the Principal <br />Representative all outlay and expense which the State of Colorado and the Principal Representative may <br />incur in making good any such failure or failures, and further, if the Principal and his subcontractors shall <br />duly and promptly pay for any and all labor, materials, team hire, sustenance, provisions, provender, rental <br />machinery, tools, or equipment and other supplies which have been or shall be used or consumed by said <br />Principal or his subcontractors in the performance of the work of said Contract , and it said Principal shall <br />duly and promptly pay all his subcontractors the sums due them for any and all materials, rental <br />machinery, tools, or equipment and labor that have been or shall be furnished, supplied, performed or <br />used in connection with performance of said Contract, and shall also fully indemnify and save harmless <br />the State of Colorado and the Principal Representative to the extent of any and all expenditures which <br />either or both of them may be required to make by reason of any failures or defaults by the Principal or <br />any subcontractor in connection with such payments; then this obligation shall be null and void, otherwise <br />it shall remain in full force and effect. <br />It is expressly understood and agreed that any alterations which may be made in the terms of said <br />Contract or in the work to be done under said Contract, or any extension(s) of time for the performance of <br />the Contract, or any forebearance on the part of either the State of Colorado or the Principal to any of the <br />others, shall not in any way release the Principal and the Surety, or either of them, their heirs, executors, <br />administrators, successors or assigns from their liability hereunder, notice to the Surety of any such <br />alteration, extension or forbearance being hereby waived. <br />IN WITNESS WHEREOF, the Principal and the Surety have executed this Bond, this day of <br />A.D., 2009 <br />(Corporate Seal) <br />ATTEST: <br />Secretary <br />THE PRINCIPAL <br />K & P Property Designs, LLC <br />236 South 3`° Street #219 <br />Montrose CO 81401 <br />By: <br />Title: CP?cJ L!L <br />,-Qorporate Seal) <br />SURETY <br />Washington International Insurance Company <br />P.O. Box 60130 <br />Grand Junction, CO 815 <br />06 <br />By. <br />give Korn ut Attorney-in-fact <br />UST 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 performance of the <br />contract. <br />State Form SC-6.221 Page 2 of 2 <br />(Rev. 9/2006)