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perfbondMSBA Accelerated Repair Program RK Finn/Ryan Road and Leeds Elementary Schools Northampton, Massachusetts Performance Bond 00 63 13-1 SECTION 00 63 13 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, that __________________, a __________________ corporation duly established by law and having a usual place of business at __________________, __________________, __________________ ______ as PRINCIPAL, and __________________, a corporation under the laws of the State of __________________ and duly authorized and admitted, under the provisions of Chapter 175 of the Massachusetts General Laws as amended, to transact the business of a Fidelity and Surety Company in Massachusetts, having a usual place of business at __________________, __________________, __________________ ______, as SURETY, are held and firmly bound unto the City of Northampton, a public school district within the Commonwealth of Massachusetts, having an address of 240 Main Street, Northampton, MA 01060, as OBLIGEE, in the sum of __________________ Dollars ($_______) in lawful money of the United States of America, to be paid to the OBLIGEE, for which payments, well and truly to be made, we bind ourselves, our respective heirs, executors, administrators, successors and assigned, jointly and severally, firmly by these presents. WHEREAS, the said PRINCIPAL has entered into a Contract with OBLIGEE, bearing the date of ____________ ___, 2015, for the “Roof Replacement at the RK Finn/Ryan Road & Leeds Elementary Schools, Northampton, Massachusetts.” NOW, THEREFORE, the condition of this obligations is such that if the said PRINCIPAL and all Subcontractors under said Contract shall well and faithfully keep and perform all the terms and conditions of said Contract on its part to be kept and performed as therein stipulates, including guarantee and maintenance provisions therein, and shall pay for all materials furnished and for all labor performed in the execution of said Contract, and shall indemnify and hold harmless the OBLIGEE as therein stipulates, then this obligations shall be of no effect; otherwise it shall remain in full force and virtue. And the said SURETY, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said Contract, or to the work to be performed there under, or to the specifications accompanying the same, shall in any way effect its obligation on this bond; and it does hereby waive notice of any change, extension of time, alterations or additions to the terms of said Contract, or to the work, or to the specifications. In the event that the Contract is abandoned by the PRINCIPAL, or is terminated by the OBLIGEE under the provisions of the Contract, said SURETY hereby further agrees that OBLIGEE, take such action as is necessary to complete said Contract. IN TESTIMONY WHEREOF, the said Principal has hereunto cause its name and seal to be affixed, and the said SURETY has caused its name and seal to be hereunto affixed by a duly authorized officer thereof and this instrument to be executed and delivered in its name and behalf by its attorney-in-fact, duly authorized by its by-laws and votes, powers of attorney, and letters of appointment annexed to this bond and may be introduced in evidence as if part hereof. MSBA Accelerated Repair Program RK Finn/Ryan Road and Leeds Elementary Schools Northampton, Massachusetts Performance Bond 00 63 13-2 IN WITNESS WHEREOF we hereunto set our hands and seal this ____ day of _____________, 2015. PRINCIPAL: By: _____________________________________ (Seal) SURETY: By: _____________________________________ (Seal) _____________________________________ Attorney-in-Fact