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WARRANTY LIMITATION RIDER TO PERFORMANCE BOND <br /> This rider is an attachment to and forms a part of the performance bond#0238565 <br /> executed by Berkley Insurance Company("Berkley"), as Surety,on behalf of PlayCore <br /> Wisconsin, Inc. dba GameTime("Principal")and in favor of the City of Everett ("Obligee") <br /> in connection to Emma Yule Park YMCA Playground ("Contract")dated May 14th, 2021 <br /> It is a condition of this Performance Bond that the warranty obligations of Berkley, <br /> notwithstanding any provision to the contrary in the Contract or related documents, is <br /> limited to a term not to exceed one year from the date of substantial completion of <br /> Principal's performance under the Contract. By acceptance of this bond and this rider,the <br /> Obligee acknowledges that Berkley's warranty obligations under the bond shall not exceed <br /> one year from the date of substantial completion of Principal's performance under the <br /> Contract, and the Obligee agrees that any warranty claim by the Obligee under this bond <br /> must be discovered and asserted against Berkley within one year from substantial <br /> completion. Any extended warranties provided in the Contract by the Principal and/or <br /> product manufacturers for workmanship or materials that exceed one year from the <br /> substantial completion date shall be the sole obligations of the Principal and/or the product <br /> manufacturers and shall be explicitly excluded from coverage under this performance bond <br /> provided by Berkley. <br /> By acceptance of this bond,the Obligee acknowledges that the warranty periods in <br /> the Contract are not statutory requirements and that the Obligee can and does waive <br /> coverage under the bond for such warranties following one year from substantial <br /> completion of the Contract. The Obligee acknowledges that Berkley is relying on these <br /> representations as a condition to issuing this performance bond. <br /> Signed, sealed,and dated this 14th day of May,2021. <br /> SURETY: PRINCIPAL: <br /> Berkley Insurance Company PlayCore Wisconsin, Inc. dba GameTime <br /> By: izabeth A Hartzber , Attorn -in-F <br /> g By: t''(.1V- 11.— ,\(P.CAS <br />