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ADDITIONAL OBLIGEE(S)RIDER
<br /> THIS RIDER IS TO BE ATTACHED TO AND FORMS A PART OF Performance and Payment Bond Nos. 929801348 & 012023070
<br /> (hereinafter individually referred to as Performance Bond" or Payment Bond". and collectively referred to as 'Bonds') issued by the WESTERN
<br /> SURETY COMPANY,a SOUTH DAKOTA corporation,and LIBERTY MUTUAL INSURANCE COMPANY,a MASSACHUSETTS corporation(hereinafter
<br /> referred to as"Sureties")as Sureties,on the 16th day of September 2014.
<br /> WHEREAS, on or about the 12th day of September. 2014, Ameresco, Inc. hereinafter called the "Principal`), entered into a written
<br /> Agreement with State of Washington, City of Everett acting through the Department of Enterprise Services, Facilities Division,
<br /> Engineering&Architectural Services(hereinafter called the'Primary Obligee")for ESCO Contract No.2014-087 G(1-1)REVISED,Street Lighting
<br /> Upgrades, (hereinafter called the Contract);and
<br /> WHEREAS,the Primary Obligee has requested the Principal and the Sureties to execute and deliver to said Primary Obligee the Bonds in
<br /> connection with the Contract:and
<br /> WHEREAS,the Primary Obligee has requested the Principal and the Sureties to execute and deliver this Rider to the Primary Obligee so that
<br /> Additional Obligee(s)as defined below are added to the Bonds.
<br /> NOW,THEREFORE,the undersigned hereby agree as follows:
<br /> 1. U.S. Bancorp Government Leasing and Finance,Inc.,950 171°Street,Denver.Colorado 80202
<br /> shall be added to the Bonds as additional obligee(s)("Additional Obligees)"). There shall be no liability on the part of the Principal or Sureties under
<br /> the Bonds to the Primary Obligee,the Additional Obligee(s),or either/any of them,unless the Primary Obligee,the Additional Obligee(s),or either/any of
<br /> them,shall make payments to the Principal(or in the case the Sureties arrange for completion of the Contract,to the Sureties)strictly in accordance with
<br /> the terms of said Contract as to payments and shall perform all other obligations to be performed under said Contract at the time and in the manner
<br /> therein set forth. i
<br /> 2. The aggregate liability of Sureties under the Performance Bond,to any or all of the Obligees(Primary and Additional Obligee(s)),as their !
<br /> interests may appear,is limited to the penal sum of the Performance Bond. Further,the Additional Obligees'rights hereunder are subject to the same
<br /> defenses that Principal and/or Sureties have against the Primary Obligee. At the election of the Sureties,any payment due under the Performance Bond
<br /> may be made by joint check payable to one or more of the Obligees. Sureties,upon making payment hereunder,shall be entitled to an assignment of all
<br /> rights of the payee with respect to the particular obligation discharged by the payment,either against the Principal or against any other party liable to the
<br /> payee on the discharged obligation.
<br /> 3. The aggregate liability of Sureties under the Payment Bond,to any or all persons or entities entitled to make claim under the Payment
<br /> Bond("Claimants"), as their interests may appear, Is limited to the penal sum of the Payment Bond. If any of the Additional Obligees are intended
<br /> beneficiaries of and entitled to make claim under the Payment Bond,their rights hereunder,if any,are subject to the same defenses that Principal and/or
<br /> Sureties have against the Primary Obligee and/or the Claimants under the Payment Bond. At the election of the Sureties,any payment due under the
<br /> Payment Bond may be made by joint check payable to one or more of the Claimants.
<br /> EXCEPT AS HEREIN MODIFIED,the Bonds shall be and remain In full force and effect.
<br /> SIGNED,SEALED AND DATED this 11th day of August,2015.
<br /> ACCEPTED AND AGREED TO BY:
<br /> Ameresco.Inc. ,(Principal)
<br /> WESTERN SURETY COMPANY -.
<br /> By:/ ,ks�eX''' By' .l I ,.L ..
<br /> Michael F.Camey,Attorney-in-Fact d
<br /> LIBERTY MUTUAL INSURANCE COMPANY State of Washington, City of Everett acting through the Department of
<br /> - Enterprise Services,Facilities Division,Engineering&Architectural Services
<br /> By: ../-E.... s.`i/
<br /> Michael F.Camey,Attomey-in-Fac
<br /> By'%46 AU6-114
<br /> U.S. Bap Gave t Leasing and Finance.Inc.
<br /> By: .
<br />
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