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HomeMy WebLinkAbout2776 Bond, F.S. Cleghorn to Town of Lexington for the work of installing a heating and ventilating system in the new Lexington High School, April 16, 1902S.D.-No. 28-'98-3000. Know all Men by these Presents, THAT WE, FRANK S. CLEGHORN, doing business in Boston, Mass., under the style of CLEGHORN COMPANY and THE CITY TRUST, SAFE DEPOSIT AND SURETY COMPANY OF PHILADELPHIA, Surety, are held and firmly bound unto the INHABITANTS OF THE TOWN OF LEXINGTON MASS, in the sum of ONE THOUSAND - (1,000) dollars, lawful money of the United States of America, to be paid to the said Obligees, their certain attorney, executors, administrators, successors or assigns : to which payment, well and truly to be made, we do hereby, jointly and severally, bind and oblige ourselves, our heirs, executors, administrators and successors, and every of them, firmly by these presents. Sealed with our seals, dated - the Sixteenth - day of April in the year of our Lord, one thousand nine hundred and two.- Whereas, the said Principal did, on the - Sixteenth - day of -April, A.D. 1902 - enter into and execute a certain Contract with the said Obligees, WHEREBY said Principal agrees to furnish all the materials for, and accomplish the work of, installing in the Lexington High School Building, now in process of erection, a heating and ventilating system and apparatus therefor, in accordance with the requirements of the specification prepared by Cooper & Bailey, and heating and ventilating plans submitted by the said Principal and the said Obligees having required the Principal to give bond, to protect the Obligees against any loss rising out of, or by reason of the non-performance of any of the covenants contained in the said Contract to be performed by the said Principal . Now the Condition of this Obligation is such, That if the said Principal shall duly and faith- fully perform and fulfil all and every the conditions of said Contract, above recited on - his - part to be kept and performed, and shall keep harmless and protect the said ObligeeS from and against all loss by reason of the non-fulfilment by the said Principal of the convenants contained in the said Contract, to be per- formed by - him - as aforesaid ; and also against actual loss by reason of any and all claims, defects, errors, objections, liens and incumbrances, arising from the non-fulfilment by said Principal of said covenants, then this obligation to be void ; otherwise to be and remain in full force and effect. This Bond is issued upon the express Condition that all the covenants and agreements contained in the said Contract, made by the said ObligeeS, and on - their - part to be kept and performed, for the protection of the said ObligeeS, and of said Surety, shall be strictly kept and performed by the said Obligees. And upon the further Condition, that if any liability shall accrue on the part of the said Surety, by reason of this obligation ; after settlement of the same, the said Surety shall be subrogated to all the rights and remedies with the ObligeeS would have against the Principal in this obligation, or any other person ; and the Obligees - are - bound, by acceptance of this obligation, to authorize and permit the Surety to use the name of the said Obligees for the recovery thereof. Should the amount of this obligation not cover the loss of the Obligees, the Surety shall be interested in such rights with the ObligeeS in the proportion of the amount paid to the amount of the loss not covered by this obligation. Frank S. Cleghorn (seal) The City Trust, Safe Deposit and Surety Company of Philadelphia By Walton C. Taft Resident Vice President ATTEST: James V Parker President and Secretary Sealed and delivered in the presence of us: H.E. Barber 200 S.D. - No. 28-'98-3000. Bond No. ____ F.S. Cleghorn AND The City Trust, Safe Deposit and Surety Company of Philadelphia TO Town of Lexington Amount, $1,000.00 Date, April 16, 1902 2776