Form 4.3.8
Irrevocable Assignment
KNOW
ALL
MEN
BY
THESE
PRESENTS
THAT,
_________________________________________________ (hereinafter referred to as the “Principal”),
hereby intending to be legally bound, and in consideration of One Dollar ($1.00), and other good,
valuable and sufficient considerations, the receipt and adequacy whereof being hereby acknowledged by
the Principal and for the Principal’s successors and assigns, does hereby assign, transfer and set over to
_____________________________________________ (the “Surety”), its successors, assigns and
affiliates, all of the Principal’s right, title and interest in and to any and all monies payable to or received
by the Principal under or in connection with the Bonded Contracts described and identified in the attached
Attachment A to this Assignment, including but not limited to, monies earned and to be earned, retained
percentages, estimates and final payments due or to become due to the Principal of every kind or nature
under the Bonded Contracts, including payments for all extras, claims, requests for equitable adjustments,
bonuses, waivers or reductions in assessed liquidated damages and/or damages of any other kind or nature
which may be due or become due to and/or received by the Principal from the Bonded Contracts, and any
other monies now due or which may become due, arising out of or in connection with the Bonded
Contracts, together with all rights of action accrued or which may accrue thereunder; and the Principal
does hereby irrevocably constitute and appoint said Surety as the Principal’s true and lawful attorney-infact, to do and perform all acts, matters, and things touching upon the premises, in like manner, and to all
intents and purposes as the Principal could do if personally present.
IN WITNESS WHEREOF, the Principal, by the undersigned, has caused this Assignment to be
executed and sealed by its duly authorized officer this ____ day of ______________, 20__, and the
undersigned personally represents and warrants that he/she has the full right, power, and authority to
execute this Assignment on behalf of the Principal.
WITNESS/ATTEST:
PRINCIPAL
___________________________
____________________(SEAL)
By:_______________________
Title: _____________________
Date: _____________________
Irrevocable Power of Attorney
KNOW
ALL
MEN
BY
THESE
PRESENTS
THAT,
__________________________________________________________hereinafter referred to as the
“Principal”)
does
hereby
irrevocably
constitute
and
appoint
____________________________________(the
“Surety”),
and
its
representatives,
___________________________, and their successors, assigns and affiliates, its true and lawful attorneyin-fact, for it and in its name to receive, endorse and collect any and all checks and drafts or other forms
of remittance payable to the Principal, and issued in payment of money earned or to be earned, or to
become due and payable under or in connection with the Bonded Contracts described and identified in
Attachment A to this Power of Attorney, including but not limited to monies earned and to be earned,
payment of all retained percentages, estimates, and final payments due or to become due to the Principal
of every kind or nature under the Bonded Contracts, including payments for all extras, claims, requests
for equitable adjustments, bonuses, waivers or reductions in assessed liquidated damages and/or damages
of any other kind or nature which may be due or become due to and/or received by the Principal from the
Bonded Contracts, and any other monies now due or which may become due in payment for work
performed and materials furnished under, arising out of or in connection with the Bonded Contracts
described and identified in Attachment A to this Power of Attorney, and all other Bonded Contract Funds
as defined in a Financing, Collateral and Special Account Agreement between the Principal, the Surety
and others dated _________ (the “Agreement”), which may require endorsement for deposit and
collection. This Power of Attorney shall give the Surety the right, among others, to endorse any such
checks or drafts on behalf of the Principal, whether the Principal is the only payee or a joint payee with
the Surety on the check or draft, for the purpose of depositing said checks or drafts in the Special Account
more fully described in the Agreement.
The Principal does hereby authorize and empower its said attorney-in-fact, or any of them, to give full
discharge and acquittance for the same and hereby ratifies and confirms all that lawfully may be done by
virtue of this Power of Attorney. This Power of Attorney is coupled with an interest and is irrevocable.
Except for the Power of Attorney provision in the Indemnity Agreement as described and identified in the
Agreement, the Principal hereby revokes any and all previous Powers of Attorney executed relating to the
disposition of the Bonded Contract Funds from the Bonded Contracts described and identified in
Attachment A to this Power of Attorney,
IN WITNESS WHEREOF, the Principal, by the undersigned, has caused this Power of Attorney to be
executed and sealed by its duly authorized officer this ______ day of ___________, 20__, and the
undersigned personally represents and warrants that he/she has the full right, power, and authority to
execute this Power of Attorney on behalf of the Principal.
WITNESS/ATTEST:
PRINCIPAL
___________________________
___________________(SEAL)
By: ______________________
Title: _____________________
Date: _____________________
STATE OF ___________________, COUNTY OF ________________, to wit:
I HEREBY CERTIFY that on this _____ day of _______, 20__, before me, the subscriber, a Notary
Public of the State of _______________, personally appeared ________________________, the
President of ___________________________, who is personally known to me; who, being duly sworn,
did depose and say that he is the President of _______________________________, the corporation
described in and which executed this Power of Attorney; and that he has been duly authorized by all
proper and necessary corporate actions to execute this Power of Attorney.
AS WITNESS, my hand and Notarial Seal.
__________________________
Notary Public