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provision that but one (the last) Bond shall be in force at one time, unless otherwise stipulated between the Obligee and the Surety.
This Bond is issued on the express understanding that the Principal has not, within the knowledge of the Obligee, at any former period been a defaulter, and will be invalid and of no effect unless signed by the Principal.
If the Obligee be a corporation, the acts or knowledge of the President, Treasurer, Secretary, Cashier, or any officer or director of the corporation shall be the acts or knowledge of the Obligee capable of giving rise to a claim under this Bond.
No one of the above conditions, or the provisions contained in this Bond, shall be deemed to have been waived by or on behalf of said Surety, unless the waiver be clearly expressed in writing, over the signature of its President and Secretary, and its seal thereto affixed.
And the Said Principal doth hereby for himself, his heirs, executors and administrators, covenant and agree to and with the said Surety, that he will save, defend and keep harmless the said Surety, from and against all loss and damage of whatever nature or kind, and from all legal and other costs and expenses, direct or incidental, which the said Surety shall, or may, at any time sustain, or be put to (whether before or after any legal proceedings by, or against, it to recover under this Bond, and without notice to him thereof), or for, or by reason, or in consequence of the said Surety having entered into the present Bond.
In Witness Whereof the said Principal hath hereunto set his hand and seal, and the said Surety has caused this Bond to be sealed with its corporate seal, attested by the signature of its Attorney-in-Fact, the day and year first above written.
Signed, sealed and delivered by the said
FIDELITY BOND COVERING SEVERAL EMPLOYEES Schedule Bond No... . . . . . .
Whereas, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . hereinafter called “The Obligee,” is employing, or intends to employ, certain persons in the capacity of . . . . . . . . . . . . . . . . . . . . . . . . . . which persons are hereinafter called “The Principals,” and has filed with THE UNITED STATES FIDELITY AND GUARANTY COMPANY, hereinafter called “The Surety,” a schedule specifying the amounts of security required from each Principal, and the capacity in which each is employed, and has applied to the Surety for the grant of this Bond; and, Whereas, The Surety, in consideration of the sum of.......... - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ($............) Dollars, now paid as a premium from............ 190, to... . . . . . . . . . 190 , at 12 o'clock noon, has agreed upon the terms, provisions and conditions herein contained to issue this Bond to the Obligee; and, Whereas, The Obligee has heretofore delivered to the Surety a statement in writing containing certain representations and promises relative to the duties and accounts of the Principals and other matters, it is hereby understood and agreed that those representations and such promises, and any subsequent representations or promises of the Obligee, hereafter required by or lodged with the Surety, are warranted by the Obligee to be true, and shall constitute part of the basis and consideration of the contract hereinafter expressed. Now, Therefore, This Bond Witnesseth, That for the consideration of the premises the Surety shall, during the term above mentioned, or any subsequent renewal of such term, and subject to the conditions and provisions herein contained, at the expiration of three months next, after proof satisfactory to the company, as hereinafter mentioned, make good and reimburse to the said Obligee such pecuniary loss as may be sustained by the Obligee by reason of the dishonesty of any or either of the Principals named upon said Schedule, or added thereto, as hereinafter provided in connection with his duties, as specified on said Schedule, amounting to embezzlement or larceny, and which shall have been committed during the continuance of said term, or of any renewal thereof and discovered during said continuance, or within three months thereafter, or within three months from the death, or dismissal, or retirement of such Principal from the service of the Obligee, within the period of this Bond, whichever of these events
shall first happen; the Surety's liability on account of any one Principal, in no case to exceed the sum for which he shall have been specifically guaranteed, as hereinafter provided.
Sealed with our seals and dated this day of 190 .
Provided, That on the discovery of any such dishonesty as aforesaid on the part of any Principal, the Obligee shall immediately give notice thereof to the Surety, and that full particulars of any claim made under this Bond shall be given in writing, addressed to the Surety, at its office in the City of Baltimore, within sixty days after such discovery, as aforesaid, and within three months after the expiration of this Bond; and the Surety shall be entitled to call for, at the Obligee's expense, such reasonable particulars and proofs of the correctness of such claim, and the correctness of the statements made at the time of effecting this Bond, or at any subsequent time, as may be required by the Surety, and to have the said particulars, or any of them, verified by Statutory Declaration. And any claim made under this Bond, or any renewal thereof, shall embrace only acts and defaults committed during its currency, and within twelve months next before the date of the discovery of the act or default upon which such claim is based, and upon the making of any claim, this Bond, as to the Principal, whose acts shall have caused such claim to be made, shall wholly cease and determine. And this Bond is entered into on the condition that the business of the Obligee shall be continued to be conducted and the duties and remuneration of the Principals shall remain in accordance with the statements hereinbefore referred to; and if during the continuance of this Bond any circumstance shall occur or change be made which shall have the effect of making the actual facts differ from such statement, or any of them without written notice thereof, being given to the Surety, at its office in Baltimore, and the consent and approval in writing of the Surety being obtained thereto; or if any wilful suppression or misstatement be made in any claim under this Bond, or' of any fact affecting the risk of the Surety at any time, or if the Obligee shall fail to notify the Surety of the occurrence of any act of dishonesty on the part of any of the Principals as soon as it shall have come to the knowledge of the Obligee, or shall continue to intrust the Principal with money or valuable property after such discovery, then the Surety shall be discharged from any and all liability under this Bond as to such Principal.
And Provided, That the Obligee shall have the right at any time during the currency of this Bond, on giving notice to the
Surety at its Home Office in the City of Baltimore, or to its duly authorized agent, in writing, and receiving acceptance or consent thereto from the Surety, clearly expressed in writing over the signature of its duly authorized officer, to make interchanges or substitutions among any of the Principals as may be found necessary, and to add to the Principals of said Schedule, on payment of extra premiums therefor; such notices to set forth the names, locations, dates of appointment or change in amounts of security required of Principals so to be interchanged, substituted or added on said Schedule, and accompanied by applications from any and all Principals added with statement of the Obligee relative to their duties. And the Surety shall not be liable for other than the personal acts of the Principals within the direct scope of their duties named in said acceptance notice. And Provided, That the Surety shall not be responsible under this Bond or any renewals thereof, or any Bond issued instead of such renewal, as surety, for any one Principal specified on said Schedule, for a sum exceeding the amount last written opposite his name on said Schedule, or exceeding the amount expressed in the notice from the Obligee of his appointment and not objected to by the Surety. And Provided, That should the Principal become guilty of an offense covered by this Bond, the Obligee will immediately, on being requested by the surety to do so, lay information before a proper officer, covering the facts and verify the same as required by law, and furnish the Surety every aid and assistance, not pecuniary, capable of being rendered by the Obligee, his or its agents and servants, which will aid in bringing the Principal promptly to justice. And Provided, Also, That if the Obligee shall at any time hold concurrently with this Bond any other Bond or security from, or on behalf of any Principal, the Obligee shall be entitled in the event of loss by default of such Principal to claim hereunder only such portion of the loss as the penalty of this Bond bears to the total penalty of all Bonds or security so held by the Obligee, whether such other security be available or not, and that any question as to the liability of the Surety to pay any claim under this Bond shall, if the Surety require it, be submitted to arbitration, the expense of which to be borne equally by the Surety and the Obligee. And Provided, That if the Surety shall so elect, the guarantee of any Principal under this Bond may be canceled at any time by
notice in writing to the Obligee, and in the event of so terminating such guarantee the Surety shall, at the expiration of all liabilities hereunder, refund the premium paid, less a pro rata part thereof, for the time said Bond shall have been in force; said refund to be returned to the Surety should claim be subsequently filed within the time limit provided therefor in this Bond; otherwise upon execution of the guarantee of any Principal under this Bond, or any continuation, the premium paid therefor shall be deemed to have been earned for the term thereof.
And Provided, That the surety shall not be responsible under this bond, or any renewals thereof, for any one Principal included therein 6as specified on said schedule, or in the notices from the Obligee of his appointment where accepted by the Surety, if such Principal has at any former period been a defaulter within the knowledge of the Obligee.
That no suit or action of any kind against the Surety for the recovery of any claim upon, under, or by virtue of the guarantee of any Principal under this Bond shall be sustainable in any Court of Law, or Equity, unless such suit or action shall be commenced, and the process served on the Surety within the term of twelve months (365 days) next, after the presentation of such claim and in case any suit or action shall be commenced against the Surety after the expiration of the said period of twelve months, the lapse of time shall be deemed as conclusive evidence against the validity of the claim thereby so attempted to be enforced.
If the Obligee hereunder be a corporation, the acts or knowledge of the President, Treasurer, Secretary, Cashier, or any other officer or director of the corporation shall be the acts or knowledge of the Obligee capable of giving rise to a claim under this Bond.
No One of the above conditions, or the provisions contained in this Bond shall be deemed to have been waived by or on behalf of said Surety, unless the waiver be clearly expressed in writing, over the signature of its President and Secretary, or other duly authorized officer, and its seal thereto affixed.
In Witness Whereof, The Surety has caused this Bond to be sealed with its common and corporate seal, duly attested by its Attorney-in-Fact, this day of 190
THE UNITED STATES FIDELITY AND GUARANTY COMPANY,