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WEST BEND'
<br />Rapid Bond General Indemnity Agreement
<br />THIS AGREEMENT is made by the Undersigned in favor of West Bend Insurance Company (hereinafter called Surety) for the purpose of indemnifying
<br />Suretyfrom all loss and expense in connection with any Bond or Bands forwhich Surety (now or hereafter) may issue on behalf of the following as Principal
<br />(Type Name of Business): Reliable Roofing and Construction . In consideration of the execution of any and all such Bonds for
<br />Principal and as an inducement to such execution by Surety, the Undersigned, jointly and severally, agree(s) as follows:
<br />Definitions: Where they appear in this agreement, the following terms shall be considered as defined in this section:
<br />Principal: Any one, combination of, or all of the persons, firms or corporations set forth above or their successors in interest, whether alone or in joint venture with others
<br />not named herein, and as to all of them, their heirs, executors, administrators, successors, and assigns.
<br />Bond: Any and all bonds, undertakings or instruments of guarantee and any renewals or extensions thereof executed by Surety on behalf of Principal.
<br />Undersigned: The person(s) who have affixed their signatures to this agreement, whether or both in an individual role or on behalf of the firm or corporation set forth above.
<br />Claim: Includes, but is not limited to any claim of default by an obligee; any claim for non-payment by a subcontractor, laborer or supplier, or any demand upon the surety
<br />to perform any obligation under a bond.
<br />INDEMNITY To SURETY: The Undersigned agree to pay to Surety upon demand:
<br />1. All loss and expense, including reasonable attorney fees, and reasonable attorney's fees incurred in connection with collection of said loss and expense
<br />from the Principal and or the Undersigned, incurred by Surety by reason of having executed any Bond or incurred by it on account of any breach of
<br />this agreement by any of the Undersigned;
<br />2. An amount as determined by Surety in its discretion sufficient to discharge any claim made against Surety on any Bond together with any expenses,
<br />including attorney fees, that surety anticipates it may incur. This sum may be used by Surety to pay such claim and expenses or be held by Surety as
<br />collateral security against loss or expense on any Bond.
<br />3. Any premium due for any Bond, computed according to the rates currently charged by Surety, including renewal premiums until proof satisfactory to
<br />Surety is furnished of Its discharge from liability under any Bond. Undersigned agrees also to pay Surety any reasonable attorney's fees incurred in
<br />connection with the collection of any overdue or unpaid premiums due for any bond.
<br />WITH RESPECT TO CLAIMS AGAINST SURETY:
<br />1. Surety shall have the exclusive right for itself and the Undersigned to determine in good faith whether any claim or suit upon any Bond shall, on the
<br />basis of liability, expediency or otherwise, be paid, compromised, defended or appealed.
<br />2. Surety may incur such expenses, including reasonable attorneys' fees, as deemed necessary or advisable in the investigation, defense and payment of
<br />such claims.
<br />3. Surety's determination in good faith of the foregoing shall be final and conclusive upon the Undersigned,
<br />4. An itemized statement of loss and expense incurred by Surety, sworn to by an officer of Surety, shall be prima facie evidence of the fact and extent of
<br />the liability of Undersigned to Surety in any claim or suit by Surety against Undersigned.
<br />5. Separate suits may be brought under this agreement as causes of action accrue, and the pendency or termination of any such suit shall not bar any
<br />subsequent action by Surety.
<br />6. Undersigned authorizes Surety to join any and all of the Undersigned and parties defendant in any action, regardless of venue, against Surety on
<br />account of any Bond, and to enforce the obligations hereunder directly against any of the Undersigned without the necessity of first proceeding against
<br />the Principal,
<br />7. In the case of any claim made against Surety, including but not limited to a lawsuit, Principal and Undersigned agree to defend, hold harmless, and
<br />indemnify Surety against all losses including but not limited to attorneys' fees and costs.
<br />GENERAL PROVISIONS:
<br />1. Assent by Surety to changes in any Bond or refusal so to assent shall not release or affect the obligations of Undersigned to Surety.
<br />2. Surety shall have the right to decline to execute any Bond.
<br />3. Surety shall have every right, defense or remedy, which a personal surety without compensation would have, including the right of exoneration, and
<br />the right of subrogation.
<br />4. Until Surety shall have been furnished with competent evidence of its discharge, without loss from any Bonds, Surety shall have the right to free access
<br />at reasonable times to the books, records and accounts of each of the Undersigned for the purpose of examining them. Each one of the Undersigned
<br />hereby authorizes any depositories in which funds of any of the Undersigned may be deposited to furnish to Surety the amount of such deposits as of
<br />any date requested, and any legal entity doing business with the Undersigned is authorized to furnish any information requested by Surety concerning
<br />any transaction. Surety may furnish in confidence copies of any information, which it now has or may hereafter obtain concerning each of the
<br />Undersigned, to other persons or companies for the purpose of procuring co -suretyship or reinsurance or of advising interested persons or companies.
<br />S. The Undersigned will, on request of Surety, procure the discharge of Surety from any Bond and all liability by reason thereof. If such discharge is
<br />unattainable, the Undersigned will, if requested by Surety, either deposit collateral with Surety, acceptable to Surety, sufficient to cover all exposure
<br />under such bond or bonds, or make provisions acceptable to Surety for the funding of the bonded obligations(s).
<br />6. Principal assigns and pledges to Surety as security, a lien and security interest in its interest, title and rights in and growing out of the following: a) any
<br />bonded contract, any agreement related to a bonded contract including any labor or supply subcontract; b) all real and personal property of the
<br />Principal, the Undersigned, and Indemnitors; c) all machinery, supplies, equipment, plant tools and materials; d) to the extent Surety determines
<br />necessary to fulfill or complete bonded obligations: licenses, patents, copyrights, trade secrets, limited partnership and general partnership interests;
<br />e) any funds due upon notes receivable, accounts receivable, funds that are due or may become due on a bonded contract or other contract including
<br />retention and recovery from claims,-f) undisbursed loan funds, deposit accounts, or interest reserve accounts to which the Principal and Indemnitors
<br />may be entitled.
<br />7. The Undersigned hereby irrevocably nominate, appoint and designate Surety or its deslgnee as their attorney -in -fact with the right, but not the
<br />obligation, to exercise all of the rights assigned, transferred and set over to the Surety by the Undersigned, and to make, execute and deliver any and
<br />all additional or other assignments, documents or papers, including the execution of instruments referred to in Section 6 and the endorsement of
<br />NB 0070 0125 Page 3 of 5
<br />1900 S 18th Avenue I West Bend, WI 53095 1 Phone: (800) 236-5010 1 Fax: (877) 674-2663 1 ww.thesiiverlining.com
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