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PROVIDED, that alterations to the License, shall not in any way release said Principal or said <br />Surety hereunder, nor shall any extensions of time granted under the provisions of said License <br />or Agreement, release either said Principal or said Surety, and notice of such alterations or <br />extensions of the License is hereby waived by said Surety. However, Principal and Surety shall <br />not be Iiable for negligent or willful acts of CPC, nor for any obligation attributable to fire, the <br />elements or other acts of God, or for any loss or damage resulting therefrom. <br />The Surety will give prompt notice to the Principal and the [USFWS designee] of any notice <br />received or action filed alleging the bankruptcy or insolvency of the Surety, or alleging any <br />violations or regulatory requirements which could result in suspension of revocation of the <br />Surety's license to do business. In the event the Surety becomes unable to fulfill its obligations <br />under the bond for any reason, notice shall be given immediately to the Principal and to the <br />[USFWS designee]. <br />IN WITNESS WHEREOF, we have hereunder set our hands , 2005. <br />CALMAT CO. <br />(Surety) <br />BY: BY: <br />(Signature and Sea]) (Signature and Sea]) <br />(Typed Name) (Typed Name) <br />672409.3 <br />• <br />