Bail Enhancement Agreement

BAIL ENHANCEMENT AGREEMENT

This Bail Enhancement Agreement (the Agreement) is entered into as of by and between Bail Bond Company Name: (the Surety) and Indemnitor Name: (the Indemnitor). The Surety and the Indemnitor are collectively referred to as the Parties.

RECITALS

WHEREAS, the Surety previously executed a bail bond identified as Bond No. on behalf of Defendant Name: in the matter pending in Court: under Case No. , conditioned in the amount of $ .

WHEREAS, on or about Date of Order: the court entered an order increasing bail to $ , thereby requiring additional security or surety coverage; and

WHEREAS, the Surety is willing to enhance its liability under the existing bond subject to the terms and conditions set forth in this Agreement and the Indemnitor is willing to provide additional indemnity, collateral and assurances as set forth below.

NOW, THEREFORE

NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

1. ENHANCEMENT OF BOND

1.1 Enhancement. The Surety agrees to increase and/or otherwise enhance its liability under Bond No. so that the total penal sum thereof shall be $ , effective as of Effective Date: .

1.2 Conditions. The Surety's agreement to enhance the bond is expressly conditioned upon the Indemnitor's full performance of the obligations set forth in this Agreement, including but not limited to delivery of additional collateral, payment of premiums, fees and expenses, and execution of any documents reasonably necessary to perfect security interests.

2. INDEMNITY AND LIABILITY

2.1 Indemnity. The Indemnitor hereby absolutely, unconditionally and irrevocably indemnifies, defends and holds harmless the Surety from and against any and all loss, liability, damages, costs, attorneys' fees, expenses, fines, penalties, and disbursements of any kind (including interest and collection costs) which the Surety may sustain as a consequence of or in connection with the bond, its enforcement, or any acts or omissions of the Defendant.

2.2 Continuing Obligations. The obligations of the Indemnitor under this Agreement are continuing and shall survive the termination, exoneration, or discharge of the bond until such time as the Surety is released in writing from all liability and all costs and expenses have been paid in full.

3. COLLATERAL AND SECURITY

3.1 Collateral. As additional security for the Indemnitor's obligations, the Indemnitor delivers, pledges and grants to the Surety a security interest in the property described below and in any additional collateral subsequently delivered to the Surety:

3.2 Perfection. The Indemnitor agrees to execute such documents and take such actions as the Surety reasonably requires to create, perfect or maintain the Surety's security interest in any collateral, including executing financing statements, assignments and other instruments.

4. RIGHTS, POWERS AND REMEDIES

4.1 Authority to Act. The Indemnitor authorizes the Surety, at its option and without notice or demand (to the extent permitted by law), to surrender the Defendant, to employ attorneys, to take any action necessary to enforce the bond, and to pursue any remedy available at law or in equity against the Indemnitor and any collateral.

4.2 Power to Recover. The Indemnitor grants the Surety a limited power of attorney to endorse, transfer, settle, collect, compromise or otherwise deal with collateral or claims on behalf of the Indemnitor solely for the purpose of enforcing this Agreement and recovering amounts due to the Surety.

5. FEES, EXPENSES AND PREMIUMS

5.1 Costs and Expenses. The Indemnitor shall promptly reimburse the Surety for all costs and expenses incurred in connection with the bond or this Agreement, including but not limited to court costs, attorneys' fees, investigative expenses, administrative fees, and costs of recovering collateral. All sums payable hereunder shall bear interest at the maximum legal rate allowable from the date of demand until paid.

6. REPRESENTATIONS AND WARRANTIES

The Indemnitor represents and warrants to the Surety that: (a) the Indemnitor has full right, power and authority to enter into and perform this Agreement; (b) all information provided to the Surety is true, complete and accurate; and (c) no insolvency, bankruptcy or similar proceeding is pending or threatened against the Indemnitor that would impair performance.

Individual Corporation Partnership Other

7. DEFAULT AND REMEDIES

7.1 Events of Default. Each of the following shall constitute an Event of Default: (a) failure to pay any sum due hereunder; (b) failure to deliver or maintain collateral as required; (c) fraud, misrepresentation or concealment by the Indemnitor; or (d) insolvency or commencement of a bankruptcy proceeding by or against the Indemnitor.

7.2 Remedies. Upon an Event of Default the Surety, in addition to any other rights or remedies available at law or in equity, may withdraw collateral, collect sums due, commence suit against the Indemnitor, or take any other action necessary to protect its interests without prior notice to the Indemnitor to the extent permitted by law.

8. NOTICES

All notices required or permitted under this Agreement shall be in writing and delivered by hand, nationally recognized overnight courier, or certified mail, return receipt requested, to the Parties at the addresses set forth below or to such other address as either party designates by notice to the other.

9. GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the state whose law governs the underlying bond, without regard to conflict of law principles. The Parties submit to the exclusive jurisdiction of the appropriate courts in that state for resolution of any dispute arising under this Agreement.

10. ENTIRE AGREEMENT; SEVERABILITY

This Agreement, together with any schedules, exhibits and documents referenced herein, constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior agreements and understandings. If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

11. AMENDMENT; WAIVER; COUNTERPARTS

No amendment or waiver of any provision of this Agreement shall be effective unless in writing and signed by both Parties. Failure by a Party to enforce any right shall not constitute a waiver of that right. This Agreement may be executed in counterparts, each of which shall be deemed an original, and all of which together shall constitute one instrument.

12. ATTORNEYS' FEES

In the event of any action to enforce this Agreement, the prevailing Party shall be entitled to recover its reasonable attorneys' fees, costs and expenses from the non-prevailing Party.

EXECUTION

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.

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