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the OWNER allows the Surety to correct said defects, the Surety shall have sixty (60) days thereafter within <br />which to take such action as it deems necessary to insure performance of the CONTRACTOR's obligation. <br />If such defects are not corrected after the time period specified in the notice or after the expiration of <br />the sixty (60) day time period, whichever is applicable, the OWNER shall have the right to correct the defeels, <br />and the CONTRACTOR and Surety, jointly and severally, shall pay all costs and expenses incurred by the <br />OWNER in correcting the defects, including, but not limited to, the ENGINEER, legal and other costs, <br />together with any damages either direct or consequential, which the OWNER sustains, or may sustain, on <br />account of the CONTRACTOR's failure to correct the defects. In addition, the OWNER shall have the right to <br />contract for the correction of said defects and, upon acceptance of a bid in accordance with the OWNER's <br />normal bidding process, the CONTRACTOR and Surety shall become icu,tnediately liable for the amount of <br />the bid. In the event that the OWNER commences legal proceedings for the collection thereof, interest shall <br />accrue on said amount at the rate of six (6) percent per annum, begimzing at the commencement of said legal <br />proceedings. <br />If the OWNER commences suit for collection of any sums due hereunder, the CONTRACTOR and <br />Surety, jointly and severally, agree to pay all costs and expenses incurred by the OWNER, including, but not <br />litnited to, attorney's fees. <br />IN WITNESS WHEREOF, the parties have caused this instrument to be signed and sealed by their <br />respective authorized officers this daffy o� January201 , <br />CONTRACTOR: SURETY: <br />Thieneman Construction, Inc. <br />Title: AFL$ o JW r — <br />Address: <br />Western Surety Company <br />By: � m� <br />Title: Brenda Joh on A �ney in Fact <br />Address: 333 S Wabash Avenue <br />Chicago, IL_ 60604 <br />WITNESS AS TO CONTRACTOR <br />SB WWTP Digester Gas Utilization Design <br />Project No. I t6-050 R 00 6l 31-2 <br />