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NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if the Principal and the Surety shall fully <br /> indemnify and save harmless the State of Colorado and the Principal Representative from and against any and all costs and <br /> damages, including patent infringements, which either may suffer by reason of any failure or failures of the Principal promptly <br /> and faithfully to perform all terms and conditions of said Contract and shall fully reimburse and repay the State of Colorado and <br /> the Principal Representative all outlay and expense which the State of Colorado and the Principal Representative may incur in <br /> making good any such failure or failures, and further, if the Principal and his subcontractors shall duly and promptly pay for any <br /> and all labor, materials, team hire, sustenance, provisions, provender, rental machinery, tools, or equipment and other supplies <br /> which have been or shall be used or consumed by said Principal or his subcontractors in the performance of the work of said <br /> Contract, and if said Principal shall duly and promptly pay all his subcontractors the sums due them for any and all materials, <br /> rental machinery, tools, or equipment and labor that have been or shall be furnished, supplied, performed or used in connection with <br /> performance of said Contract, and shall also fully indemnify and save harmless the State of Colorado and the Principal <br /> Representative to the extent of any and all expenditures which either or both of them may be required to make by reason of any <br /> failures or defaults by the Principal or any subcontractor in connection with such payments; then this obligation shall be null and <br /> void, otherwise 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 Contract or in the work to <br /> be done under said Contract, or any extension(s) of time for the performance of the Contract, or any forbearance on the part of <br /> either the State of Colorado or the Principal to any of the others, shall not in any way release the Principal and the Surety, or <br /> either of them, their heirs, executors, administrators, successors or assigns from their liability hereunder, notice to the Surety of <br /> any such alteration, extension or forbearance being hereby waived. <br /> IN WITNESS WHEREOF, the Principal and the Surety have executed this Bond, this 7TH day of <br /> JULY , A.D., 19 95 <br /> (Corporate Seal) <br /> PRINCIPAL <br /> BOGUE CONSTRUCTION, INC , <br /> ATTEST: &J5 <br /> Title Scott R. <br /> Secretary <br /> (Corporate Seal) SURETY <br /> EMPLOYERS MUTUAL CASUALTY COMPANY <br /> C:� SANDRA K RC Attorney-in-Fact <br /> THIS BOND MUST BE ACCOMPANIED BY A POWER OF ATTORNEY, EFFECTIVELY DATED <br /> Note: This bond is issued simultaneously with another bond conditioned for the full and faithful performance of the contract. <br /> State Form SC-6.221 <br /> Issued 9/1/65 (Rev. 6/85) <br /> SG-2595/EP 11/93 Page 2 of 2 <br />