01/19/1932 Board of Public Works Minutes

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324 Tuesday, January l9t h. , 1932. - singularly, the matters and things set forth and specified in said contract to be I _7 kept, done anal performed at the times and in the manner provided in said contract; (2) That if the principal shall during the period of this suretyship abandon satfld contract or for any cause cease operation thereunder for the performance thereof, or shall be declares in default under the terms of said contract, the Surety shall have the right at its option to carry on the contract during the period of this bond or to sublet the carrying on there� f during such period are d if the Surety elect to carry on or sublet the carrying on of said contrast,all moneys, due or to become due under said contract, during the period. of said bond shall, as the same?;become due and pay- able under the terms of said contract,, be merit pr transfer thereof b the paid to the surety, regardless of any assign y principal, and the surety shall be entitled to said • money or payments which have accrued or may accrue during the period of said bond in preference to any assignee or any other adverse claimant thereof; but if the obligee carry on or relet the carrying on of this contract during the period of this bond after the Surety has elected to not carry on or sublet the earring on during the period of this bond , all funds which wou d have been payable to the principal if the principal had duly performed. said contract, shall be credited upon any claim against the surety and no forfeiture provided, in said contract against said principal shall be operative against said the surety. (3) That the obligee shall notify the surety by fe legram or registered letter addressed and sent to it at its head Office at Baltimore, of any breach of said contract within a reasonable time and in any event not later than thirty (30) days after such breach shall have come to the knowledge of the obligee, their agents or • representatives; (4) That no claim, suit , or action by reason or any alleged default in the per- formance II of said contract or any alleged breach thereof shall be brought againstthe II principal or surety after ninety days after the expiration of this bond, to wit, ecembe r 31st. , 1932 , not shall recovery be had for damages accruing after the date of said expiration) that service of writ or process commencing any such suit or act ionil shall be rude on or before ninety days after the e-xpiration cf said bond; that prin- cipal shall be made a party to any suit or action and be served with process commenc- ing the same if the principal cam with reasonable diligence be found; that no judge- ment shall be rendered against the surety in excess of the penalty off this instrument or for any amount other than the pecuniary damage actually sustained by the obligee; • (5) That the surety shall not be liable fbr any damages resulting from strikes i or labor difficulties or from mobs, riots, civil commotion, fire, the elemts or acts of God, or for property damage, b= any szeh causes; nor for damages from injury ii to persons or for the death of anyone; nor by virtue of any statutory provision for damages or compensation for injury to or for the death of any employee; (6) That no right of action shall accrue on or by reason hereof to or for the use of benefit of anyone other than the obligee herein named; (7) That this obligation is andshall be construed as one of suretyship only, • shall be executed by the principal before delivery, and shall not nor shall any interest herein or right of action hereon be assured without prior consent in writinof the I Surety. g This bond shall become effective as of the date of said contract hereinbefore referred to, and shall terminate as of l.idnight December 31s t. , 1932. This bond may be renewed for the succeeding years or year set out in said contract between the principal and obligee hereinbefore referred to -upon mutual agreement between the principal, surety and obligee. In the event of renewal, such renewal shall not be construed as an additional obligation bur merely as a continuation of the original bond. WITNESS our hands and seals this llt h. , day of January, 1932. • 0. M . Pa A� RYLAND CASUALTY COTtIPANY OF BALTIMORE BY R. P. PROCTOR, Vice -President. Attest: Cecil I. Oullom, Asst. Secy. approved by Board of Public "orks M. E. D oran , John X. Smogor Ralph h. Kuss This being the date set, continued hearing was had on Condemnation Resolution No.2435 for the opening of Calinfornia Avenue from east line of Uhicapo, Indiana ana Southern Rai lr cad right of way t o Wilber Street. In -tl;e above named resolution, the Board decides to continue searing until Ij Tue s da y, l y 17 th . ] 1932. 0