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MAINTENANCE BOND <br />Bond NO,58738728 <br />KNOW ALL PEOPLE BY THESE PRESENTS: <br />That we, <br />Thieneman Construction, Inc. <br />(hereinafter called CONTRACTOR), and Western Surety Company <br />corporation organized under the laws of the State of South Dakota <br />,a <br />and <br />authorized to do a surety.business in the State of Indiana, (hereinafter called Surety), are held and firmly bound <br />unto the City of South Bend, Indiana (ltereinafter called the OWNER) in the sum of $75,400.00 <br />lawful money of the United States of America, for the payment of which sum, well and truly to be made, we <br />bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by <br />these presents. <br />WHEREAS, said CONTRACTOR has performed for the City of South Bend, Indiana <br />improvements, which have been or are about to be completed and accepted by the OWNER for the project <br />known as: <br />WWTP DIGESTER GAS UTILIZATION <br />PROJECT NO, 1 I6-050 R <br />AND WHEREAS, it is required that the CONTRACTOR should guarantee the project from defects <br />caused by faulty or defective materials, workmanship, or design for a period of three years from and after the <br />date of acceptance of the completed project by the OWNER. <br />NOW, THEREFORE, if the CONTRACTOR shall for a period of three years from and after the date <br />of acceptance of the completed project by the OWNER replace any and all defects arising in said work <br />whether resulting from faulty or defective materials, workmanship, or design, then the above obligation shall <br />be null and void; otherwise the obligation shall remain in full force and effect for three years from the date of <br />acceptance of the completed project by the OWNER, <br />The OWNER shall notify the CONTRACTOR in writing of any defects for which the <br />CONTRACTOR is responsible and shall specify in said notice a reasonable time within which the <br />CONTRACTOR shall have to correct said defects. If the CONTRACTOR fails to correct said defects within <br />the time specified in said notice, the OWNER, in its discretion, may permit the Surety to correct said defects. If <br />SB WWTP Digester Gas Utilization Design <br />Project No. 116-050 R 00 61 31-1 <br />