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BOND COVERAGE CLARIFICATION <br />Contractor shall furnish performance and payment Bonds, each in an amount equal to the <br />Construction Cost. The Bonds shall cover completion of the physical work per the approved <br />design, and shall not guarantee or warranty efficiency or system performance. The Bonds shall <br />not cover any obligation of the contractor to ensure that the work as constructed will result in any <br />particular level of energy savings. Any suit on the Bonds must be brought within the period of <br />one (1) year after substantial completion, as defined in the contract; provided, however, that if <br />this suit limitation is void or prohibited by law, the minimum period of limitation available to <br />sureties as a defense in the jurisdiction of the suit shall be applicable. <br />CONTRACTOR shall also furnish a retention bond in lieu of retainage held on respective <br />monthly invoices. <br />CUSTOMER NAME: Kittitas County <br />ATTACHMENT FOR THE SPECIFIC CONTRACT TITLED: Energy Services Performance - <br />Based Contract <br />Signed By Customer: <br />Printed Name: <br />Title:— <br />Date: 2 2'Z, <br />ESCO (McKinstry)/OWNER/PERFORMANCE CONTRACT 27 <br />