ATTACHMENT B
12. WAIVER. It is expressly understood and agreed by and between the parties hereto that a waiver of any of the conditions of this contract shall not be considered a waiver of any of the other conditions thereof.
It is further understood and agreed by and between the parties hereto that time is of the essence of this contract in all respects.
IN WITNESS WHEREOF, the parties hereto have hereunto affixed their hands and seals the day and year first above written.
ATTEST:
ELIZA R. GARZA
CITY CLERK
By: ___________ _
APPROVED AS TO FORM & CONTENT:
LORI ASUNCION
OFFICE OF THE CITY ATTORNEY
By: ___________ _
DEPUTY CITY ATTORNEY
CITY:
By:_-,--____________ _
HARRY BLACK
CITY MANAGER
�./7.� /By:_..:..-,,,::;.-,_..e::..:...?-f"r_ �-------
TRI POWER SYSTEMS
47-3428840
Tax Identification No.
Local Construction Contract- Tri Power Systems -PROJECT NO. F022001 (Updated 12/31/20)
ATTACHMENT B
and consent by said Surety is hereby given, and the said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California.
SIGNED AND SEALED on _______________ _
APPROVED AS TO SURETY:
APPROVED AS TO FORM & CONTENT:
LORI ASUNCION
OFFICE OF THE CITY ATTORNEY
By:---------
DEPUTY CITY ATTORNEY
By:----------
PRINCIPAL
SURETY
By:----------
ATTORNEY-IN-FACT
ATTACHMENT B
this bond will pay the same, in an amount not exceeding the sum specified in this bond, provided that any and all claims hereunder shall be filed and proceedings had in connection therewith as required by the provisions of Division 3, Part 4, Title 15, Chapter 5, Article 1 of the Civil Code of California, provided that in case suit is brought upon this bond, a reasonable attorney's fee shall be awarded by the Court to the prevailing party in said suit; said attorney's fee to be fixed as costs in said suit, and to be included in the judgment therein rendered.
No prepayment or delay in payment and no change, extension, addition or alteration of any provision of said contract or in said plans or specifications agreed to between the said CONTRACTOR and the said CITY and no forbearance on the part of the said CITY shall operate to relieve any surety or sureties from liability on this bond, and consent to make such alterations without further notice to or consent by any such surety is hereby given, and the said sureties hereby waive the provisions of Sections 2819 and 2845 of the Civil Code of the State of California.
SIGNED AND SEALED on _______________ -'
APPROVED AS TO SURETY: By: ____________ _
PRINCIPAL
SURETY
By:----------
ATTORNEY-IN-FACT
APPROVED AS TO FORM & CONTENT:
LORI ASUNCION
OFFICE OF THE CITY ATTORNEY
By:----------
DEPUTY CITY ATTORNEY