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BONDING COMPANY: DO NOT MAKE ANY CHANGES TO <br /> THE LANGUAGE IN THIS BOND. f <br /> OF'C <br /> V) 90 STATE OF COLORADO <br /> T INE NUMB <br /> 1876 <br /> Bond No. K07063222 <br /> Performance Bond <br /> PROJECT NO. PKA-5-545 <br /> KNOW ALL PERSONS BY THESE PRESENTS: <br /> That the Contractor <br /> Bitterroot Restoration, Inc. <br /> 445 Quast Lane Corvallis, MT 59828 <br /> as Principal and hereinafter called'Principal," <br /> and <br /> Westchester Fire Insurance Company <br /> 1601 Chestnut Street Philadelphia, PA 19101 <br /> as Surety and hereinafter called"Surety,"a corporation organized and existing under the laws of <br /> NY are held and firmly bound unto the STATE <br /> OF COLORADO acting by and through <br /> State of Colorado, Division of Minerals and Geology <br /> (AGENCY OR INSTITUTION) <br /> hereinafter called the"Principal Representative", in the sum of Two Hundred Thirty Four Thousand Seven Hundred <br /> Thertr Fniir Dollars and 00/100 Dollars($234 734.00 ) <br /> for the payment whereof the Principal and Surety bind themselves,their heirs,executors, administrators,successors and <br /> assigns,jointly and severally,firmly, by these presents. <br /> WHEREAS,the Principal and the State of Colorado acting by and through the Principal Representative have entered into a <br /> certain Contract,hereinafter called"Contract,"dated September 10 2004 ,for the <br /> construction of a PROJECT described as <br /> Coal Basin Mine Slope Stabilization Proffiect Bid Number PKA-5-545 <br /> which Contract is hereby by reference made a part hereof, <br /> NOW,THEREFORE,THE CONDITION OF THIS OBLIGATION,is such that,if the Principal shall promptly,fully and faithfully <br /> perform all the undertakings,covenants,terms,conditions and agreements of said Contract during the original term of said <br /> Contract any extensions thereof that may be granted by the Principal Representative with or without notice to the Surety, and <br /> during the life of any guaranty 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 Contract that may hereafter <br /> be made, notice of which modifications to the Surety being hereby waived,then this obligation shall be null and void;otherwise <br /> it shall remain in full force and effect. <br />