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NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that <br />the Principal and Surety warrant the performance and guarantee workmanship and <br />materials used by making -epairs, correcting deficiencies and performing emer- <br />gency maintenance on all improvements described above plus all appurtenant <br />devices associated therewith for a period of not less than one(I) year(s) from <br />Oct. 17, 1989 . Principal and Surety agree to save the City harmless from any <br />loss, cost or damage by reason of Principal's failure to make repairs, correct <br />deficiencies and perform emergency maintenance for the required period of time. <br />Principal and Surety further agree to promptly reimburse the City for emergency <br />repairs and/or maintenance. Necessary repairs shall be performed by the Principal <br />on receipt of seven (7) days written notice from the City sent to the address noted <br />below directing performance of such work. If the Principal shall fail to make said <br />repairs, the City may perform the work and the cost of the work shall be paid to <br />the City by the Principal or Surety. At the end of onem year(s) of maintenance <br />by the Principal, the City shall inspect the improvements together with all other <br />appurtenant devices associated therewith and if this obligation has been satisfied <br />to the satisfaction of the City Ergineer, then this obligation shall be void, <br />otherwise to remain in full force and effect. <br />In the event the City is required to institute litigation to obtain <br />performance pursuant tc this bond, Principal and Surety agree to pay reasonable <br />attorney's fees and costs which are incurred by the City. <br />1989 . <br />SIGNED, SEALED AND DELIVERED this 26th day of October <br />NEWLAND COkSVUCTION CO, INC. <br />(PRINCIPALtr / <br />By: <br />Address P. 0. Box 958 e <br />Everett, WA. 98206 <br />THE CONTINENTAL INSURANCE COMPANY <br />(SURETY) <br />i <br />ATTORNEY IN FACT) Mary Ann Dobbs <br />