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200411992
<br />PEPXORMANCEl3OND No. 404203
<br />Exhibit "A"
<br />j Page 1 of 2
<br />KNOW ALL MEN BY THESE PRES1rNTS, That _ Dicon Corp-oration,
<br />11506 Nicholas Street, Suite 200, Omaha, NE 68154
<br />(hereinafter called the "Principal"),
<br />DEC 0 6 2004
<br />as Principal and Inland Insurance Company,
<br />P.O. Box 80468, Lincoln, NE 68501
<br />a corporation, duly authorized to do business in Ne ras a
<br />(hereinafter caUed the "Surety "), are held and firmly bound unto WAL -MART STORES, INC. (hereinafter called
<br />the ''Obligee "), and its representatives, successors and assigns, in the sum of
<br />Ten Million Six Hundred Seventy —eight Thousand Two
<br />Hundred Eighty—nine and 00 /100-------------- - - - - -- Dollars($ 10,678,289.00
<br />for the payment of which sum well and truly to be made the said Principal and Surety bind themselves, and their respective
<br />heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents.
<br />WHEREAS, the Principal has been awarded a contract with Obligee for Wal —Mart Supercenter
<br />#3395 -00 Grand Island, NE
<br />(hereinafter called the ^Contract ") and which contract is hereby referred to and incorporated by express reference as if fully
<br />set forth herein.
<br />NOW, THEREFORE, TBE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal shall well
<br />and truly perform all the work, undertakings, covenants, terms, conditions, and agreements of said contract within the time
<br />provided therein and any exWnsions thereof that may be granted by Obligee, and during the life of any maintenance
<br />obligation, guaranty or warranty required under said Contract, and shall also well and truly perform all the undertakings,
<br />covenants, terms, conditions, and agreements of any and all modifications of said Contract that may hereafter be made, and
<br />shall indemnify and save harmless said Obligee of and from any and all loss, damage, and expense, including costs and
<br />attorneys' fees, which the said Obligee may sustain by reason of Principal's failure to do so, then this obligation shall be null
<br />and void; otherwise it shall remain in full force and effect.
<br />The said surety agrees that no change, extension of time, alteration, addition, omission, waiver, or other modification of the
<br />terms of either the said Contract or in the said work to be performed, or in the specifications, or in the plans, or in the contract
<br />documents, or any forbearance on the part of either the Obligee or Surety to the other, shall in any way affect said Surety's
<br />obligation on this Bond, and said Surety does hereby waive notice of any such changes, extensions of time, alterations,
<br />additions, omissions, waivers, or other modifications.
<br />00800-17
<br />Grand Island (south), NE - #3395 05/26/04
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