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b�ASSIGIYMEhIT
<br /> As security for the.performance of all of the provisions of this agreement, the Undersigned hereby assign,transfer,pledge and convey
<br /> to the Surety (effective as of the date of each such bond or bonds, but only in the event of Default referred to in preceding Section 4):
<br /> A. All rights in connection with any Contract,including but not limited thereto:
<br /> 1. All subcontracts let in connection therewith and such subcontractors'surety bonds,
<br /> 2. All machinery, plant,equipment, tools which shall be upon the site or sites of the work or elsewhere for the purposes of the
<br /> contracts,including all materials ordered for the contracts,
<br /> 0—Any dand7all-stiims-due orbwltich may thereafter become due under said contracts and all sums due or to become due on all
<br /> try =-..,
<br /> s is�othcr c_,i ttacts,bondcdloc imbonded,in which'any or all of,the undersigned have an interest.
<br /> 4. All rights arising out of insurance policies.
<br /> 7. POWER OF ATTORNEY
<br /> The undersigned hereby irrevocably nominate,constitute,appoint and designate the Surety or its designee as their attorney-in-fact with
<br /> the right, but not the obligation, to exercise all of the rights assigned, transferred and set over to the Surety by the Undersigned in this
<br /> Agreement, and to make,execute and deliver any and all additional or other assignments,documents or papers,including but not limited
<br /> to (lie execution of instruments referred to in Section 6, and the endorsement of checks or other instruments representing payment of
<br /> Contract monies deemed necessary and proper by the Surety in order to give full effect,not only to the intent and meaning of the within
<br /> assignment, but also to the full protection intended to be herein given to the Surety under all other provisions of this Agreement. The
<br /> Undersigned hereby ratify and affirm all acts and actions taken and done by the Surety or its designee as attorney-in-fact.
<br /> 8. GENERAL PROVISIONS
<br /> A. The obligations of the Undersigned hereunder are joint and several'. Surety may bring separate suits hereunder against any or
<br /> or all of the Undersigned as causes of action may accrue hereunder.Surety'need not proceed first against the Principal.
<br /> B Undersigned will, on request of Surety, procure the discharge of Surety from any Bond, and all liability by reason thereof.
<br /> C. Undersigned warrant-that each of them is specifically and beneficially interested in the obtaining of each Bond.
<br /> D. Undersigned waive notice of any Default,the making of a claim against Surety or Surety's loaning funds to Principal.
<br /> E. Undersigned agrees to give to Surety prompt notice of any facts which might give rise to any claims or suits against Surety
<br /> u; -ty Bond.
<br /> ® i ,rety shall have the right, at its option and in its sole discretion, to decline execution of any Bond, including a f:nai Bond
<br /> where it has furnished a bid Bond.
<br /> G.Surety may consent to any changes or alterations in a Contract, without affecting the liability hereunder of the Undersigned.
<br /> H.Surety shall have every right, defence or remedy which a personal surety without compensation would have, including the
<br /> right of exoneration.
<br /> 1. Until Surety shall have been furnished with conclusive evidence of its discharge without loss from any Bonds,and until Surety
<br /> has been otherwise fully indemnified as hereunder provided, Surety shall have the right to free access to the books, records and
<br /> accounts of the Undersigned for the purpose of examining and copying them.Undersigned hereby authorize third parties,including
<br /> but not limited to depositories of funds of the Undersigned,to furnish to Surety any information requested by Surety in connection
<br /> with any transaction. Surety may furnish any information,which it now has or may hereafter acquire concering the Undersigned,
<br /> to other persons, firms or entities for the purpose of procuring co-suretyship or reinsurance or of advising such persons, firms, or
<br /> entities as it amy deem appropriate.
<br /> J. Undersigned waive all right to claim any property,including homestead,as exempt from legal process in any action hereunder.
<br /> K.If the execution hereof by any of the Undersigned may be defective or invalid for any reason, such defect or invalidity shall
<br /> not affect the validity hereof as to any other of the Undersigned. Invalidity of any provision hereof by reason of the law of any -�
<br /> state or for any other reason shall not render the other provisions hereof invalid.
<br /> L. The Surety, may at its option,file or record this Agreement or any other document executed by any or all of the Undersigned,
<br /> individually or jointly, in connection with application, issuance or execution of any bond or bonds coming within the scope of
<br /> this instrument, as a security agreement or as part of a financing statement or as a notice of its prior interest and assignment under
<br /> the provisions of the Uniform Commercial Code or any other statute, ordinance or regulation,of any jurisdiction or agency, but
<br /> that the filing or recording of such document shall be solely at the option of the Surety and that the failure to do so shall not release
<br /> or impair any of the obligations of the Undersigned under this Agreement.
<br /> M.The Surety shall have the right to fill in any blanks left herein and to correct any errors in filling in any blanks herein.
<br /> N.The Undersigned waive any defense that this instrument was executed subsequent to the date of any such bond, admitting
<br /> and covenanting that such bond was executed pursuant to the Undersigneds' request and.in reliance on the Undersigneds'promise
<br /> to execute this instrument.
<br /> O.This agreement may not be changed or modified orally.No change.or modification shall be effective unless specifically agreed
<br /> in writing.
<br /> P. That in the event any of the Undersigned shall fail to execute this instrument or become insolvent,or in case any of tie Under-
<br /> signed,who execute this agreement,shall not be bound for any reason,the other Undersigned shall,nevertheless,be bound hereunder
<br /> for the full amount of the liability as aforesaid.
<br /> Q.That repeated actions on this isntrument, as breaches thereof may occur, may be maintained by Surety, its successors or
<br /> assigns, without any former action operating as a barge to any subsequent action brought on this instrument for breaches hereunder.
<br /> R.Wherever used in this instrument the plural shall include the singular and the singular shall include the plural, as (lie circum-
<br /> stances require.
<br /> S. The-liability of the Undersigned hereunder shall not be affected by the failure of the Principal to sign any bond or bonds
<br /> or by any claim that other indemnity or security was to have been obtained, nor by the release of any indemnity or the return or
<br /> exchange of any collateral,that may have been obtained.
<br /> 9. TERMINATION
<br /> This agreement is a continuing obligation of the Undersigned unless terminated by written notice to Surety as hereinafter provided,
<br /> and such termination as to an Undersigned shall in'no way affect the obligation of any other Undersigned who has'not given such notice.
<br /> The liability of the Undersigned hereunder as to future Bonds of Principal shall not terminate by reason of the failure of Surety to disclose
<br /> facts known or learned by Surety about the Principal, even though such facts materially increase the risk beyond that which the Under-
<br /> signed might intend to assume, Surety may have reason to believe such facts are unknown to the Undersigned, and Surety may have
<br /> reasonable opportunity to communicate such facts to the Undersigned; and the Undersigned hereby waive notice of such facts. In order
<br /> to terminate liability as to future Bonds of Contractor,an Undersigned must:
<br /> A.Give written notice to Surety at the office of the Surety — 30 East Central Parkway,Cincinnati, OH of such termination;
<br /> and
<br /> B. State in such notice the effective date(not less than thirty days after receipt thereof by Surety)of termination of such Under-
<br /> signed's liability for future Bonds.
<br /> After the effective date of such termination,the Undersigneds'giving notice shall nonetheless be liable hereunder for:
<br /> A. Bonds executed or authorized prior to such date,and renewals,substitutions and extensions thereof;and
<br /> B. Bonds executed pursuant to a bid or proposal Bond executed or authorized prior to such date, and renewals, substitutions
<br /> and extensions thereof;and
<br /> C. Any maintenance or guarantee Bonds executed incidental to any other Bond executed prior to such date,and renewals,sub-
<br /> stitutions and extensions thereof. ,
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