Miscellaneous Bond Form

MISCELLANEOUS BOND FORM

RECITALS

WHEREAS, Principal Name: (hereinafter "Principal") has entered into or will enter into an agreement with Obligee Name: (hereinafter "Obligee") to perform certain obligations described below; and

WHEREAS, Surety Name: (hereinafter "Surety") is willing to guarantee the faithful performance and payment obligations of the Principal under the terms set forth in this Bond; and

NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the parties agree as follows:

BOND IDENTIFICATION

Bond Number:    Penal Sum (Bond Amount): $    Effective Date:

SCOPE OF WORK

CONDITIONS OF BOND

The Surety hereby binds itself, its successors and assigns, jointly and severally with the Principal, to the Obligee for the payment of all losses, damages, and costs, up to the penal sum set forth above, resulting from the Principal's failure to perform the obligations described in this Bond. This Bond shall be conditioned upon the Principal's compliance with the underlying contract and shall remain in force until the earlier of: (a) final acceptance of performance by the Obligee; (b) expiration or termination of the underlying contract; or (c) payment in full of all sums due.

Claims Procedure: Obligee shall provide written notice to the Principal and Surety describing any alleged default and the relief sought. Surety shall have a reasonable period to investigate and, where appropriate, cure the default or make payment under the bond, provided that nothing herein extends the Obligee's right to demand immediate payment under the terms of the underlying contract where such right is expressly reserved.

PAYMENT TERMS

Payments due under the underlying contract shall be made according to the following schedule: . The Surety's obligation to make payment under this Bond arises only after Principal's failure to pay amounts properly due under the underlying contract and after receipt of valid claim and notice as required herein.

TERM AND TERMINATION

This Bond shall commence on Start Date: and shall terminate on End Date: unless earlier terminated in accordance with the terms of the underlying contract or by mutual written agreement of the Principal, Obligee and Surety.

Notice of termination by any party shall be effective only after delivery of written notice to the other parties and a notice period of days has elapsed, except that termination shall not relieve the Principal or Surety of liability for obligations that accrued prior to the effective date of termination.

CONFIDENTIALITY

The parties acknowledge that certain business, financial, technical, or other information disclosed in connection with the underlying contract or claims under this Bond may be confidential. Each party agrees to maintain the confidentiality of such information and not to disclose it to third parties except as required by law, for enforcement of rights under this Bond, or with the prior written consent of the disclosing party. Confidentiality obligations shall survive termination or expiration of this Bond for a period of three (3) years, except for trade secrets which shall be protected for so long as they retain trade secret status under applicable law.

INDEMNITY AND SUBROGATION

Principal agrees to indemnify and hold harmless the Surety from and against any and all losses, costs, expenses (including reasonable attorneys' fees), liabilities and damages the Surety may incur by reason of issuing this Bond or enforcing its rights hereunder. Upon payment by the Surety of any sums under this Bond, the Surety shall be subrogated to the rights of the Obligee to the extent of such payments.

GOVERNING LAW

This Bond shall be governed by and construed in accordance with the laws of the State of , without regard to choice of law principles that would apply the laws of another jurisdiction.

ENTIRE AGREEMENT

This Bond, together with the referenced underlying contract and any amendments executed in writing by the parties, constitutes the entire agreement among the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings and negotiations, whether written or oral.

ADDITIONAL PROVISIONS

Notices under this Bond shall be in writing and delivered to the addresses provided below. Delivery by certified mail, return receipt requested, or by nationally recognized courier service shall be sufficient. Each party represents and warrants that the person signing on its behalf is authorized to do so.

ACKNOWLEDGEMENTS

The undersigned parties acknowledge that they have read and understand this Bond, that the representations and warranties contained herein are true and correct, and that they execute this Bond voluntarily and with full authority to bind the entity they represent.

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