Now, therefore, if the principal shall promptly make payment to all persons supplying labor and material in the prosecution of the work provided for in said contract, and any and all duly authorized modifications of said contract that may hereafter be made, notice of which modifications to the surety being hereby waived, then this obligation to be void; otherwise to remain in full force and virtue. In the witness whereof, the above-bounden parties have executed this instrument under their several seals this day of-------19--, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. dollars, for the payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents: Provided, That we the Sureties bind ourselves in such sum "jointly and severally" as well as "severally" only for the purpose of allowing a joint action or actions against any or all of us, and for all other purposes each Surety binds itself, jointly and severally with the Principal, for the payment of such sum only as is set forth opposite its name in the following schedule: their several seals this day of 19, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. (f) Advance payment bond. (1) The approved forms of advance payment bond for use when the bond is to be executed by individual sureties or one corporate surety are set forth in subparagraphs (3) and (4) below. These forms are Standard Form No. 25, Revised (Standard Government Form of Performance Bond (construction and supply)), amended by the insertion of the italicized clauses. (2) The approved forms of advance payment bond for use when the bond is to be executed by two or more corporate sureties are set forth in subparagraphs (5) and (6) below. These forms are Standard Form No. 25-B (Standard Government Form of Performance Bond (Construction and supply)), amended by the insertion of the italicized clauses. For cases involving more than six sureties continuation sheets to sheets one and three of the form are provided bearing the designations "Standard Form No. 25-B1" and "Standard Form No. 25-B3". (3) ADVANCE PAYMENT BOND as (When the provisions for advance payments are contained in the basic contract.) Know all men by these presents, that we, as Principal, and Surety, are held and firmly bound unto the United States of America, hereinafter called the Government, in the penal sum of dollars for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. The condition of this obligation is such, that whereas the principal entered into a certain contract, hereto attached, with the Government, dated 19--, for and whereas such contract authorizes advance payments to the contractor in the sums not to exceed $------, per centum of the contract price, as it may be amended, whichever shall be the smaller. or Now, therefore, if the principal shall well and truly perform and fulfill all the undertakings, covenants, terms, conditions, and agreements of said contract relating to advance payments during the original term of said contract and any extensions thereof that may be granted by the Government, with or without notice to the surety, and during the Now, therefore, if the principal shall well and truly perform and fulfill all the undertakings, covenants, terms, conditions, and agreements of said supplemental contract relating to advance payments during the original term of said supplemental contract relating to advance payments and any extensions thereof that may be granted by the Government, with or without notice to the surety, and during the life of any guaranty required under the contract, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any and all duly authorized modifications of said supplemental contract relating to advance payments that may hereafter be made, notice of which modifications to the surety being hereby waived, then, this obligation to be void; otherwise to remain in full force and virtue. In witness whereof, the above-bounden parties have executed this instrument under their several seals this day of , 19, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. (5) ADVANCE PAYMENT BOND (When the provisions for advance payments are contained in the basic contract.) Know all men by these presents. That we, as Principal, and the corporations hereinafter designated as Surety A to Surety ___, inclusive, as Sureties, are held and firmly bound unto the United States of America, hereinafter called the Government, in the penal sum of dollars, for the payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents: Provided, That we the Sureties bind ourselves in such sum "Jointly and severally" as well as "severally" only for the purpose of allowing a joint action or actions against any or all of us, and for all other purposes each Surety binds itself, jointly and severally with the Principal, for the payment of such sum only as is set forth opposite its name in the following schedule: The condition of this obligation is such, that whereas the Principal entered into a certain contract hereto attached, with the Government, dated 19--, per centum of the contract price, as it may be amended, whichever shall be the smaller. Now, therefore, if the Principal shall well and truly perform and fulfill all the undertakings, covenants, terms, conditions, and agreements of said contract relating to advance payments during the original term of said contract and any extensions thereof that may be granted by the Government, with or without notice to the Sureties, and during the life of any guaranty required under the contract, and shall also well and truly ADVANCE PAYMENT BOND (When the provisions for advance payments are contained in a supplemental agreement.) Know all men by these presents, that we, as Principal, and the corporations hereinafter designated as Surety A to Surety, inclusive, as Sureties, are held and firmly bound unto the United States of America, hereinafter called the Government, in the penal sum of dollars, for the payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators, and successors, Jointly and severally, firmly by these presents: Provided, That we the Sureties bind ourselves in such sum "jointly and severally" as well as "severally" only for the purpose of allowing a joint action or actions against any or all of us, and for all other purposes each Surety binds itself, jointly and severally with the Principal, for the payment of such sum only as is set forth opposite its name in the following schedule: as it may be amended, whichever shall be the smaller. Now, therefore, if the Principal shall well and truly perform and fulfill all the undertakings, covenants, terms, conditions, and agreements of said supplemental contract relating to advance payments during the original term of said supplemental contract relating to advance payments and any extensions thereof that may be granted by the Government, with or without notice to the Sureties, and during the life of any guaranty required under the contract, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any and all duly authorized modifications of said supplemental contract relating to advance payments that may hereafter be made, notice of which modifications to the Sureties being hereby waived, then, this obligation to be void; otherwise to remain in full force and virtue. In witness whereof, the above-bounden parties have executed this instrument under their several seals this day of 19----, the name and coporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. (g) Patent infringement bond. The following is the approved form of patent infringement bond: Know all men by these presents, that we, as Principal, and , as Surety, are held and firmly bound unto the United States of America, hereinafter called the Government, in the penal sum of dollars, lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. The condition of this obligation is such, that whereas the principal entered into a certain contract, hereto attached, with the Government, dated for 19--, and whereas the said principal has specifically obligated himself in sald contract to hold and save the Government, its officers, agents, servants, and employees, harmless from liability of any nature or kind, including cost and expenses, for or on account of any patented or unpatented invention, article, or appliance manufactured or used in the performance of that contract, including their use by the Government of the articles therein contracted for. Now, therefore, if the principal shall well and truly perform and fulfill the above undervaking and agreement, and shall promptly make payment of any judgment and costs obtained against the United States under the provisions of the Act of June 25, 1910 (36 Stat. 851) as amended by the Act of July 1, 1918 (40 Stat. 705) or expenses incident thereto, then this obligation to be void; otherwise to remain in full force and virtue. In witness whereof, the above-bounden parties have executed this instrument under their several seals this day of 19, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. (h) Consent of surety. (1) The following form is authorized for use in all cases other than those specified in subparagraph (2) below. Consent of Surety is hereby given to the foregoing Supplemental Agreement, and the Surety agrees that its bond or bonds shall apply to and cover the due performance of the contract as modified and extended thereby. (2) The following form is authorized for use when advance payments are added by supplemental agreement after the original contract has been executed and the performance bond given. The undersigned surety company (or companies), surety (or sureties) on the performance bond supporting Contract No. dated cipal) of with (prin(city and state) hereby consent to the alteration of the contract effected by the execution of the agreement supplemental thereto dated providing for advance payments. upon the condition that it (or they) shall not be liable under such performance bond for any portion of the advance payments which is not used by the contractor for the purposes of the contract. If, in the event of default under the contract, the surety company (or companies) is (are) permitted to perform, and in case the additional funds for full performance are not available, it is understood and agreed that the number of articles to be delivered or the services to be performed under said contract shall be reduced in the proportion that the amount of advance payment monies not used for the purposes of the contract bears to the total contract price. In witness whereof, the respective sureties have executed this instrument under their several seals this day of 19-, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative pursuant to authority of its governing body. [Preceding paragraph, in small type, superseded by following paragraph during period covered by this Supplement] (h) Consent of surety. (1) The following form is authorized for use in all cases other than those specified in subparagraphs (2) and (3) below. Consent of Surety is hereby given to the foregoing Supplemental Agreement, and the Surety agrees that its bond or bonds shall apply to and cover the due performance of the contract as modified and extended thereby. (2) The following form is authorized for use in cases where only payment bonds are involved. Consent of Surety is hereby given to the foregoing Supplemental Agreement and the surety agrees that its bond or bonds shall apply and extend to the contract as modified or amended thereby. (3) The following form is authorized for use when advance payments are added by supplemental agreement after the original contract has been executed and the performance bond given. The undersigned surety company (or companies), surety (or sureties) on the performance bond supporting Contract No. dated with (principal) of (city and state) hereby consent to the alteration of the contract effected by the execution of the agreement supplemental thereto dated providing for advance payments, upon the condition that is (or they) shall not be liable under such performance bond for any portion of the advance payments which is not used by the contractor for the purposes of the contract. If, in the event of default under the contract, the surety company (or companies) is (are) permitted to perform, and in case the additional funds for full performance are not available, it is understood and agreed that the number of articles to be delivered or the services to be performed under said contract shall be reduced in the proportion that the amount of advance payment moneys not used for the purposes of the contract bears to the total contract price. In witness whereof, the respective sureties have executed this instrument under their several seals this day of 19, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative pursuant to authority of its governing body. (4) In appropriate cases, the words "supplemental agreement" contained in the above forms may be changed to "change order". [As amended by W.D. Proc. Regs., C 21 and 22, Aug. 13 and 14, 1943, 8 F.R. 12058] (i) Fidelity bond. The primary commercial blanket form of fidelity bond as standardized by the Surety Association of America or its equivalent is the approved form of fidelity bond. There should be attached thereto the following: (1) A rider providing for retroactive reinstatement for prior losses. (2) A rider excluding any claim on the part of the surety company to be subrogated, on payment of loss or otherwise, to any claim against the United States. (3) A rider providing for pro rata refund of premium in event of cancellation by the insured. (4) A rider providing for notice to the Supply Service concerned in the event of any change in or cancellation of the bond. (5) A rider providing for investigation of all Class A employees. (6) A rider providing for investigation of all claims. (7) (Optional.) A rider eliminating a premium charge for restoring the bond penalty after losses. (j) Forgery bond. The depositor's form of forgery bond or policy as standardized by the Surety Association of America or its equivalent is the approved form of forgery bond. There should be attached thereto the following: (1) A rider providing for retroactive reinstatement for prior losses. (2) A rider excluding any claim on the part of the surety company to be subrogated, on payment of loss or otherwise, to any claim against the United States. (3) A rider providing for pro rata refund of premium in event of cancellation by the insured. (4) A rider providing for notice to the supply service concerned in the event of any change in or cancellation of the bond. (5) A rider providing for the investigation of all claims. (6) (Optional.) A rider eliminating premium charge for restoring the bond penalty after losses. (k) License or permit bond. The form of license or permit bond prescribed by statute or ordinance of the public authority having jurisdiction is the approved form of bond. |