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<br />NORTHAMERICAN SURETIES
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<br />PERFORMANCE BOND
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<br />GUARANTEE NO: AN0573-TER163/01
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<br />KNOW All MEN BY THESE PRESENTS that we, Bioway CA II, LLC, with our legal
<br />residence at Marlton, NJ 08053/ as Principal and, Northamerican Sureties, Ltd., Reno,
<br />Nevada 89501, a corporation organized under the laws of the State of Nevada, as
<br />Surety, are held and firmly bound unto the City of San Marcos, a Municipal
<br />Corporation as Obligee, in the just and full sum of USD 899/812.61 (United States
<br />Dollars Eight Hundred, Ninety-Nine Thousand, Eight Hundred, Twelve Dollars and
<br />Sixty-One Cents), for payment whereof well and truly to be made said Principal and
<br />Surety bind themselves, their heirs, executors, admlnlstrators, successors, and
<br />assigns, Jointly and severally by these presents.
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<br />THE CONDITION of the foregoing obligation is limited by the terms and conditions of
<br />that certain Agreement entered into by the Principal with said Obligee, as attached
<br />hereto, and identified as the
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<br />HIGH TECHNOLOGY ODOR CONTROL EQUIPMENT PROCUREMENT AND INSTALLATION
<br />AGREEMENT, EXECUTED MARCH 9, 2005,
<br />and
<br />ATTACHMENT C, AUHTORIZATION OF CHANGE IN SERVICES,
<br />ApPROVED BY THE CiTY SEPTEMBER 13,2005
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<br />to do and perform as stated therein, with the following conditions, (i) extension of
<br />time has been granted for delivery of Equipment (as defined In the Agreement and
<br />the Attachment C) on all sites until December 29/ 2005, (ii) payments by Surety on
<br />thiS bond will only occur at time of maturity, which is December 29/ 2005/ and (iii) thiS
<br />bond does not cover (a) Section 1.4 of the aforementioned Agreement,
<br />"Performance Guarantee" and/or (b) the Installation of the Equipment or any
<br />performance obligation other than the delivery of Equipment;
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<br />as will more fully appear from said Agreement, reference to which is hereby made,
<br />and which said Agreement and all documents incorporated therein by reference are
<br />expressly made a part hereof.
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<br />The said Surety, for value received, hereby stipulates and agrees that no change,
<br />extension of timet alteration or addition to the terms of the agreement, or to the
<br />work to be performed thereunder shall in anywise affect its obligation on this bond,
<br />as long as It has been provided with notice of any such change, extension of time,
<br />alteration or addition to the terms of the work; the Surety must agree, In writing to
<br />any changes In the terms of the Agreement, outSide of the scope of the work to be
<br />performed.
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