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ATTACHMENT F <br />Payment Bond <br />STATE OF <br />COUNTY OF <br />(Vendor <br />as Principal, and <br />name), of <br />_(address), <br />(bond company name), as Surety, are held and firmly bound unto the City of San Marcos, Texas, <br />as Owner, in the penal sum of <br />dollars ($ ) for <br />the payment of which the Principal and Surety bind themselves and their heirs, administrators, <br />executors, successors and assigns, jointly and severally, by this bond. <br />The Principal has entered into an Agreement with the Owner dated <br />for the Advanced Metering Infrastructure Project, <br />incorporated into this bond by reference. <br />The condition of this obligation is that if the Principal pays all persons who supply public <br />work labor or material for the Project, then this obligation will be satisfied; otherwise this bond <br />will remain in full force and effect. <br />This bond is provided under the provisions of Chapter 2253 of the Texas Government <br />Code, as amended and all liabilities on this bond shall be determined in accordance with the <br />provisions of that statute to the same extent as if it were copied at length in this document. <br />The Surety, for value received, stipulates and agrees that no change, extension of <br />time, alteration or addition to the terms of the Contract, or the plans, specifications, drawings or <br />other Contract Documents, or to the work performed under the Contract Documents, shall in any <br />way affect its obligation on this bond, and the Surety waives notice of any such change, <br />extension of time, alteration or addition. <br />The Surety certifies that it is authorized and admitted to write surety bonds in Texas. If <br />this bond exceeds $100,000.00 the surety certifies that it either 1) holds a certificate of authority <br />from the United States Secretary of the Treasury to qualify as a surety on obligations permitted <br />or required under federal law, or 2) has obtained qualified reinsurance for any liability in excess <br />of $100,000.00 from a reinsurer that is authorized and admitted as a reinsurer in the State of <br />Texas, and is the holder of a certificate of authority from the United States Secretary of the <br />Treasury to qualify as a surety or reinsurer on obligations permitted or required under federal <br />law. This bond is governed by Chapter 2253 of the Texas Government Code, and it is provided <br />solely for the protection of the Owner. <br />Mandatory venue for any legal action filed upon this bond is in Hays County, Texas. <br />which is fully <br />Advanced Metering Infrastructure Agreement Page 40 <br />