person... named in and who executed the above instrument, and acknowledged it to be..h.. free act and deed, and that ..h.. executed the same for the intents and purposes therein mentioned.

Notary Public

My commission expires

County, Michigan.

No. 11. Indemnity Bond of Contractor.

and

of ..

KNOW ALL MEN BY THESE PRESENTS, That E. F. of Michigan (hereinafter called the principal), Michigan (hereinafter called the surety), are held and firmly bound unto C. D. of Michigan, in the full and just sum of $.. good and lawful money of the United States of America, to the payment of which well and truly to be made, the said principal and the said surety respectively bind themselves, their heirs, executors, administrators, legal representatives (or successors and assigns), firmly by these presents.

The condition of the foregoing obligation is such that, whereas said principal has entered into a certain written contract, a copy of which is hereto attached and made a part hereof, bearing date of 19...., for

the erection (or other improvement as may be) of a (describe building or structure) on the following described premises: ...

Now therefore, if the said principal shall well, truly and faithfully comply with all the terms, covenants and conditions of said contract on said principal's part to be kept and performed according to the tenor thereof, then this obligation is to be null and void, otherwise to be and remain in full force and effect.

(Attach copy of contract hereto, and add justification by

surety, if desired.)

No. 12. Declaration in Assumpsit on Indemnity Bond of Contractor.

(Entitle Court and Address.)

The plaintiff, A. B., respectfully shows:

1. That plaintiff is a resident of

2. That on the

...

day of

19...., the defendant, C. D., executed a bond for the payment to the plaintiff of $...

... and ...

upon which

were sureties.

3. That the condition of the said bond was that if the said C. D., should faithfully comply with all the terms, covenants and conditions of the contract attached to said bond (a copy of which contract is attached hereto, marked "Exhibit A") on the part of said C. D., as principal, to be kept and performed according to the tenor thereof, then said bond should be void, all of which more fully and specifically appears from the said bond, a copy of which is hereto attached, marked "Exhibit B."

4. That the said C. D., did not comply with the terms, covenants and conditions of said contract, but on the

(state acts or omissions constituting the breach of the bond and consequent damage to plaintiff therefrom), whereby the said bond became and is operative and binding.

5. Wherefore said A. B., plaintiff herein, claims a judg

ment against the said principal C. D., and said sureties for the sum of $...

Attorney for plaintiff.

(Business Address.)

No. 13. Statutory Bond on Public Improvement or

Works."

KNOW ALL MEN BY THESE PRESENTS, That

of the city of

State of

...

county of

as principal, and

county of

and

of

Mich

the city of igan, a corporation created and existing under the laws of the State of Michigan, as surety, are held and firmly bound unto the people of the State of Michigan, in the penal sum of $.... to be levied of our property, goods and chattels in case default is made in the condition following:

Whereas, the said principal

has executed

day of ...

and entered into a certain contract with the Board of Education of the City of Grand Rapids, County of Kent and State of Michigan, dated the 19...., to furnish all the labor and material necessary for the construction of ... .. in said contract de

scribed.

....

Now therefore, the condition of this obligation is such that if said.. principal, shall cause to be made

* the payment by such contractor to any subcontractor, or by any such contractor or subcontractor as the same may become due and payable of all indebtedness which may arise from said contractor to a subcontractor or party performing labor or furnishing materials, or any subcontractor to any person, firm or corporation on account of any labor performed or materials furnished in the erection, repairing or ornamentation of such building, improvement or works: (Provided, however, that the principal contractor shall not be required to make any payment to a subcontractor of sums due from

9 Form used by Board of Education of Grand Rapids, Michigan.

the subcontractor to parties performing labor or furnishing materials, except upon the receipt of the written orders of such parties to pay the sums due to them to subcontractors)."

then this obligation to be void, otherwise of full force and virtue.

It is Moreover Understood and Agreed that the said surety hereby expressly waives whatever right it may have to be notified of any such alterations, modifications and additions which may hereafter be agreed upon by the parties to said contract, and also waives whatever right it may have to be notified of or to consent to any extension of time for the performance of the contract which may be agreed upon between the parties to the contract, and acknowledges itself to be bound for all such alterations, modifications and additions and extensions, as fully as though proper notice thereof had been given to it and it had consented thereto; provided always that the total cost of such alterations, modifications and additions shall not exceed 10 per cent. of amount of contract over and above the contract price mentioned in said contract or that the total extension of time granted shall not exceed 20 per cent of the full time allowed for the performance of the contract under the original agreement.

In Testimony Whereof, the said principal has hereunto set his hand and seal, and the said surety has caused these presents to be sealed with its corporate seal, duly attested by the signature of its president and its

Public Works.

See C. L. '15, (14830).

(Entitle Court and Address.)

The people of the State of Michigan, suing at the relation and for the use of A. B., Plaintiff, by

his attorney, respectfully show:

1. That said A. B., is a resident of

2. That on the

day of

...

19...., the defendant C. D., executed a bond for the payto the People of the State of Mich

ment of $....

igan, upon which

sureties.

3. That the condition of the said bond was that if said C. D., should cause to be made

"The payment by such contractor to any subcontractor, or by any such contractor or subcontractor as the same may become due and payable of all indebtedness which may arise from said contractor to a subcontractor or party performing labor or furnishing materials, or any subcontractor to any person, firm or corporation on account of any labor performed or materials furnished in the erection, repairing or ornamentation of such building, improvement or works: (Provided, however, that the principal contractor shall not be required to make any payment to a subcontractor of sums due from the subcontractor to parties performing labor or furnishing materials, except upon the receipt of the written orders of such parties to pay the sums due to them to subcontractors),"

the said bond should be void; all of which more fully and specifically appears from the said bond, a copy of which is hereto attached.

That the said C. D., did not perform the condition of said bond as aforesaid, but on the

19. ...,

day of (state acts or omissions constituting breach of bond), whereby the said bond became and is operative and binding.

5. That said A. B., performed certain labor (or furnished certain material) to-wit: in the erection (or repairing or ornamentation) of said building (or work), performing the first of said labor (or furnishing the first of said material) on the

....

.....

day of

19...., and the last thereof on the

.....

...

day of

19....; that the reasonable value of said

labor so performed (or said material so furnished) was the sum of $..... the entire amount of which is still unpaid and due to said plaintiff on account of having performed said labor (or having furnished said material.)

6. Wherefore plaintiff claims damage in the sum of