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<br />FIREMAN'! FUND
<br />IN5IJRANI:E COMPANIES
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<br />o FIREMAN'S FUND INSURANCE COMPANY
<br />o THE AMERICAN INSURANCE COMPANY
<br />o NATIONAL SURETY CORPORArlON
<br />o ASSOCIATED INDEMNITY CORPORATION
<br />o AMERICAN AUTOMOBILE INSURANCE COMPANY
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<br />GENERAL INDEMNITY AGREEMENT
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<br />KNOW ALL MEN BY THESE PRESENTS, that whereas the undersigned, hereinafter called Indemnitors, have requesred
<br />and do hereby request FIREMAN.S FUND INSURANCE COMPANY, THE AMERICAN INSURANCE COMPANY,
<br />NATIONAL SURETY CORPORATION, ASSOCIATED INDEMNITY CORPORATION or AMERICAN AUTOMOBILE
<br />INSURANCE COMPANY. as the case may be, any onc or all hcn:inartcr rderred to as Surety, co c:xecute or procure the execution
<br />of such bonds, undertakings or recognizances (all of which are hereinafter incJuded within the term "bond or bonds") as have
<br />been aod such as may hereafter be applied for Jin:ctly ur through an agent, attorney or other representative or required, solely
<br />or as co-adventurer with othcrs~ by any of the lndemni tors or by any pc.rson, ~irrn, corporation or association whose name shall,
<br />for that purpose, have been furl11shed to the Surety hy any of [he IndernOl [Ors, l[ being ~ndersrood and agreed chat chis instrument
<br />shall coyer all bonds so apphed for and e::xecuted, whether or not rbis instrument IS referred to or mentioned in connection
<br />therewith;
<br />
<br />NOW, THEREFORE, in consideration of :he premises and of the execution or continuance of such bonds, the lndemnitors
<br />for themselves, [heir heirs, executors, aJministrawrs, successors and assigns, do hereby jointly and severally. covenant and
<br />agree \,"'leh the Surety, its successors and assigns, as follows;
<br />
<br />1. The Indemniwrs \\rill pay, when due, all oremiums for each of such bonds in accordance with the Surety's regular niai:lUal
<br />rates in effect on the date such bond becomes effecrive, _as long as liability thereunder shall continue, and until the Surety..is
<br />furnished \vith evidence- satisfactory to rhe Surety of its discharge or rdc-ase .-,m the bonds. or of allliabilicy by reason thereof.
<br />
<br />2, The Indemnitors will indemnify (h~ StiLe.I)" .lgains~ y :wd al~ li<ibiliIY. loss, costs, Jam;;.ges, fees of attorneys and
<br />other expenses which the Surety may sustaIn or Incur by rC;J.::"j!} of, or III consequence of the excLlltioo of such boqds .and any
<br />renewal, continuation or successor thereof, including but not limited co, sums paid or liabilities incurred in settlement cif, -and
<br />expenses paid or incurred in connenion with claims, suits, or Judgments under such_bonds, expenses paid or incurred in enforcing
<br />the terms here~f, in procuring or attempting to procure release from liability, or 10 rcco.verlng or attempting to recover losses
<br />or expenses paid or Illcurred, as aforesaid.
<br />
<br />3, If the Surety shall set up a resen'c to cover any liability, claim asserted, suit or judgment under any such bond, the
<br />Indemnitors \."ill, immediately upon Jemand and whcd1cr or not the Surety shall have made any payment therefor, deposit with
<br />the Surety a sum of money equal to such rcsen-e and any increase thereof as colJateral security on such bond, and such SUfi. and
<br />any other money or property which shall have been or shall hereafter be pledged as collatcraJ security on any such bO!ld shall be
<br />available, in the discretion of the Surety, as callatera] security on all bonds coming within the scope of this instrument or for
<br />any other indebtedness of the Indemnitors to (he Surety; and any such collateral security shall. be held subject to the terms of the
<br />Suretls regular form of receipt for collateral, which is by reference mad,.:: a part hereof.
<br />
<br />4. If any such bond he given in connecrion with J. cootran, the Surety in its sole discretion is hereby authorized. but not
<br />required, (a) (0 (onsent to any change in (he contrau. or in the plafl~ a[l~ sl:1ecifications rdating rhereto; (b) to make or guarantee
<br />advances or loans for the purposes of the contract WIthout any oblIgatlol1 to see to the application thereof, it being understood
<br />that the amount of all such advances or loans shall be conclusively presumed to be a loss hereunder for which the Indemnitors
<br />are liable; (c) in the event of any default in the performance or the contract, or the breach of this agreement or of any bond
<br />~onneCteJ therewith, or the failure to ~1iligently prosecute the work under any contraCt, or to pay for labor and materials used
<br />10 the prosecutlon of rhe contra~r, or 111 the event \vork has ceased ur been suspended on any contract or cOutracts covered by
<br />any saId bonds, co rake posseSSiOn of (he work under the contraCt, anJ, at the expense of the I11demnitors, to complete the
<br />contract or cause the same to be completed or to consent w the completion thereof, i.HlJ to rake any other aCtion which the
<br />Surety may deem appropriate. in the e\'e~1t thac che.Surety takes possession of ellC ""lork as abovcJxovided. the lndemnirors hereby
<br />release and discharge the Surety, 10 IhJS conneCtIOn, from all liability for all ics aCtions an omissions except for deliberate
<br />malfeasance.
<br />
<br />). Th.e InJemniwfs hereby assign. transfer, pledge and (oavey to dH.' Surety (effecti.ve as of the date of each such bood,
<br />but only 111 the event of default, breach or failure as rderreJ co 111 preceding Section 4.), as collateral security-, to secure the
<br />obligations hereunder and any other indebtedness and liabilities of the lndclllnitors ro the Surety, aU of their rights under the
<br />contracts, referred to in such bonds, inctuJing their righr, title and interest in and to (1) all subcontracts let in conneecion
<br />therewith and su.ch subcontractors' surety bonJs, (2) all machinery, pJant, equipment, woh and materials which shall be
<br />upon the site or sltes of rhe work or elsewhere for [he purposes of rhe l.:Ol1tracrs, including all materials ordcreJ for the contracts,
<br />and (3) any and all sums dU(: or which may [hereafte::r becume due under suell contracts and aU sums Jue or to become due on
<br />all other contracts, honded or unbl)ndcd, in \vhich any or aU of the InJemnimrs h.tYC an interest.
<br />
<br />6. The. Surety nu.yar its option, tile (.)[ rcc~)rJ this agr~emc.nt or ;lny other Jt!cnt1lcnt executeJ hy any or all of the InJem-
<br />nitors. indnTidually or jomely, in conneCtion wld1 .appjll~t!{)n, IS~U;tn(c or c-x(:cU{!on t)t an)' bon,.! or honds, as a $('curit: ;~gr<;,e-
<br />meot or as pan of a financing statement or as notIce of Its prior IIHen.-;s( and aSSIgnment umler the provisions of the Uniform
<br />
<br />360124-11.65
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