Professional Documents
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J-3 Performance Bond dated
NOVemb~.29, ~~5 .~
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THIS BOND REPLACES'AND SUPERSEDES NATIONAL FIRE INSU~C~ CU~ANY OH HART¥UHV ~UNU NU.
138031258 EFFECTIVE DECEMBER 1, 1995.
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TIU~ Leslie K. HudgeDR' 4ttorney-in-fact
Federal Insurance Company
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TiUC:L YSUtaire, Attorllp.y-in-fact
ACKNOWLEDGMENT OF PRINCIPAL
STATE OF TEXAS
COUNTY OF HARRIS
Before me, the undersigned authority, a Notary Public, on this day personally
appeared Leslie K. Hudgens known to me to be the person whose name is subscribed to the
foregoing instrument as the attorney-in-fact for Waste Management of Alameda County. Inc.
and acknowledged to me that he/she subscribed the name of Waste Management of
Alameda County, Inc. thereto as Principal and his/her own name as attorney-in-fact, and
executed the same for the purposes and consideration therein expressed: and in the capacity
therein set forth.
Given under my hand and seal of office the 22nd day of November , 2005.
ACKNOWLEDGMENT OF SURETY
STATE OF TEXAS
COUNTY OF HARRIS
Before me, the undersigned authority, a Notary Public, on this day personally
appeared Amy Sustaire known to me to be the person whose name is subscribed to the
foregoing instrument as the attorney-in-fact for Federal Insurance Company and
acknowledged to me ~hat he/she subscribed the name of Federal Insurance Company thereto
as Surety and his/her own name as attorney-in..fact, and executed the same for the purposes
and consideration therein expressed, and in the capacity therein set forth. .
Given under my hand and seal of office the 22nd' day of November , 2005.
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Any loss applicable to 'a peril covered undertbis ,bond' that is caused by.a ' .
~ed act ·of ~ p~ant to the terms" qf ¢e' TeJro~ Risk:
Insu~ce ~ of 2002 e'tbe Act,'~J will be partWly '~$l1;nitsed 'by the'
U~ted States i:u:;Lder' a. fonnula. establish~d bY federal law. Under arlS
formu~ the Upited States pays 90%' of ~overed teJi'orism losses exceeding ,
a ~tori1y established deductuS1e ~ the ins'umnce ~mpan:y providing this,' .
bond. The portion of yo'lir a;nnual premium attributable'to certified actS of
teIrorisni under t1rls bond· is $1.00 .
. .'
COVERAGE LIMITATIONS
Payment for a loss' will not exceed the limit of liabillii .under this botid.
This bQrid willllot pay for 'any portion of. certified terrorislri loss ,beyond
any applicable aJDlua.lliabili1;y ~ set forth in the A~ :r'he teIms of this
rider do not: provide: coverage for any loss tbat 'WOUld otherwise be
exclu~d by the temis of~ bond. .
MDD.B71Q3
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as
each tlletr true and lawful Attorney-In- Fact to execute under such de&lgnaUon In their names and to affiX 1heIr corporate seals to and deliver for and on their behalf as surety
thereon or otherwtse, bends and undertaklngs and other writings obfJgatary tn the nature thereof (other than ball bonds) given or executed tn the course of business, and any
InsfMnents amendlng or altering the same, and consents to the modlflcatlcn or alteration o~ any Instrument referred to In said bonds or obngatIons.
In WItness Whereof, BBld FEPERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each executed and attested
these presents and afHxed thBfr corporate seals an this 28th day,of JulyI 2005
On this 28th day of July, 2005 before me, 8 Notary Public of New Jersey, personally came Kenneth C. Wendel, to me
known to be Assistant Secrstaty of FEDERAl. INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companies whlch
executed the foregoiRg Power 01 Attrmtey, and the said Kenneth C. Wendel, being by me duly sworn, did depose and say that he Is Assistant Secretary of FEDERAL
INSURANCE COMPANY, VlGtLANT INSURANCE COMPANY, and PACIFIC INDEMNnY COMPANY and knows the corporate seals thereof, that the seals affixed to the
foragalng Power of AttDmay are such carpomta seats and were thereto aflbced by authorlty of the By- Laws of saId Companies; and that he signed said Power of Attorney as
Assfafant Secratary of s,ld Companies by Ilke authority; and that he Is acquainted with T. W. Cavanaugh.. and knews him to be VJce President of saId Companies; end that the
algnalura of T. W. Cavanaugh, subscribed to said Power of Attcmey Is In the genuine handwrttlng of T, W. Cavanaugh, and was 1hereto Bubscribed by autl'lcrlty of sald ~
Laws and In deponent's presence. '
Notarfal Seal
KATHERINE kALBACHER
NOTARY PUBUC OF NEW JERSEY
No. 2316685
Commiasion Expires July 8, 2009
CERTIFICATION
3 of FEDERAL INSURANCE COMPANY, VIGIlANT INSURANCE COMPANY, and PACEFIC INDEMNIiY COMPANY:
"All powers of BUDmey for and on behalf of the Company may and shBII be executed In the name and on behslf of the Company, eJther by the ChaIrman or the
President Dr a VIce PresIdent or an Assistant Vice President. jointly with the Secr&tary or an AssIstant secretary, under thelr respective desIgnations. The
a/gmdure of such officers may be engraved, printed or lithographed. The slgneture of each of the foIIowfng cfficsrs: Chairman, PresIdent, any VIce President, any
Assistant Vice President, any Secraiary, any Assistant Secretaty and the seal of the Company may be aflIxad by facsimile to any power of attorney or to any
cerUflcate relatfng thereto appoInting Assistant Secretaries or AttDmeys.ln- Fact fOr purposes only of executing and BIlesUng bonds and undertaktngs and ather
wrI\lnga obligatory In the nature thereof, and Bny such power of attorney or certificate bearing such facsImile slgnatln'! or faf;slmlle seal shall ba valid and bfndlng
upon the Company and any such power so executed and certlfled by such facsimile signature and facstm1Je seal shall be valId and binding upon the Company
with respect to any bond or underIakfng to which Ills attached,-
I, Kenneth C. Wendel. Assistant Secmblry of FEDERAL ~NSURANCE COMPANY, VlGJ1.ANT INSURANCE COMPANY, and PACIFIC INOEMNIlY COMPANY
(\he "Ccmpsnles") do hereby certlfy that
(1) the foregoing extrac:t of the By-laws of the CompanIes Is true and correct,
(H) the companies are duly Itcensed and authorized to transact surety business In all 50 of the Unlted States of America and the District: of Columbla and are
authorized by the U.s. Treasury Departmert fur1har, Federal and VlgUent Bre neensed In Puerto Rico and the U.S. VIrgin Islands, and Federal Is licensed In
American Samoa, Guam. and each of the PrtMttces cfCanada except Prince Edward Island; Bnd ,"
[III) the foregoing Power of AttDmey Is true, correct and In fUU fDrce and effect. l
~'1 '
GlvenundermyhandondsealsofsaldCompaniesatWarren,NJthta ~d~ dayof 7·!~ , dOCS".
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. KeTmethC:WSncfttASSistant SecretaJy
IN THE EVENT YOU WISH TO N011FY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER
MAnER, Pu;ASE CONTACT US AT ADDRESS LISTED ABOVE, OR BY
Telepnone(90B) 903- 3493 Fax (90B} 903- 3656 e~af(: suretv@chubb.com
"
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poWER OF ATTORNEY
KNOWN ALL MEN BY THESE PRESENTS that each of the entities listed on Exhibit. A
attached hereto (individ~Yt the uCorpor~onU), bas .~onstitu.ted. ~ .appoh.ued ~d does 'hereby
~~titute and appomt Marc W. Boots, Mary Ann Garcia, Leslie K. Hudgens, P.T. Osh'L1Ills Stephen::R.
Smith and Amy Sustaire ofMcGrlff, Seibels & Williams of Texas, InC., each its true and lawful Attomey-
in-fact to execute under su$ designation in i~ name SIld to affix its cOrporate seal to deliver for and on its
behalf as surety the~~ o~ o~~ bonds of any of the following classes, to wit:
The ~going powers ~ by the Corporatioo shall be subject to and canditiolw upon the written
direction of any officer (ar any designee of any such officer) to execute and deliver any such bonds. '
The si~es'and attestations of such Attomeys-in-fact and the seal of the Corporation may be affixed to
. my such bond. policy or 'to any certificate relating thereto by facsimile and any such bOnd, policy or
~ bearing such' facsimile si~ ~ facsimile seal'shall be valid and bindiug upon the .
. Cmporation when so a f f i x e d . ' .
~ WITNESS ~F, the ~oration has ca~ed theSe pres~~ to. be-..~gned. by its V~ce .
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~~ ~. and Its carpatate seal to be hereto. affixed this ~ day of
a
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.2005. .
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ec.Rice .
Vice President, Finance and Treasurer