3027
MONTGOMERY COUNTY

DEPOSITED IN COMPLIANCE WITH AND SUBJECT TO THE
PROVISIONS OF THIS SECTION. THE BOND SHALL OBLIGATE
THE PRINCIPAL, HIS EXECUTORS, ADMINISTRATORS,
SUCCESSORS AND ASSIGNS, JOINTLY AND SEVERALLY WITH THE
SURETY AND SHALL INURE TO THE BENEFIT OF MONTGOMERY
COUNTY, ITS OFFICERS, EMPLOYEES, AND TO ANY PERSON
AGGRIEVED BY THE PRINCIPAL'S FAILURE TO COMPLY WITH
THE CONDITIONS THEREOF. THE PRINCIPAL AND THE SURETY
SHALL UNDER THE BOND CONTINUE TO BE FIRMLY BOUND UNDER
A CONTINUING OBLIGATION FOR THE PAYMENT OF ALL
NECESSARY COSTS AND EXPENSES OR LIABILITIES WHICH HAY
BE INCURRED OR EXPENDED BY THE DEPARTMENT TO MEET THE
MINIMUM REQUIREMENTS OF THIS CHAPTER.

B.   WHENEVER THE DEPARTMENT SHALL FIND THAT A
DEFAULT HAS OCCURRED IN THE PERFORMANCE OF ANY TERM OR
CONDITION OF THE PERMIT OR BOND, WRITTEN NOTICE
THEREOF SHALL BE GIVEN TO THE PRINCIPAL AND TO THE
SURETY OF THE BOND. SUCH NOTICES SHALL STATE THE WORK
TO BE DONE, THE ESTIMATED COST THEREOF AND THE PERIOD
OF TIME DEEMED BY THE DEPARTMENT TO BE REASONABLY
NECESSARY FOR THE COMPLETION OF SUCH WORK.

C.  IF A CASH BOND HAS BEEN POSTED, NOTICE OF
DEFAULT AS PROVIDED BY THE PRECEDING PARAGRAPHS SHALL
BE GIVEN TO THE PRINCIPAL, AND IF COMPLIANCE IS NOT
HAD WITHIN THE TIME SPECIFIED, THE DEPARTMENT SHALL
PROCEED WITHOUT DELAY AND WITHOUT FURTHER NOTICE OR
PROCEEDINGS WHATSOEVER TO USE THE CASH DEPOSITED, OR
ANY PORTION OF SUCH DEPOSIT, TO CAUSE THE REQUIRED
WORK TO BE DONE BY CONTRACT OR OTHERWISE IN THE
DISCRETION OF THE DIRECTOR.

D.   IN THE EVENT OF ANY DEFAULT IN THE
PERFORMANCE OF ANY TERM OR CONDITION OF THE PERMIT OR
THE BOND, THE COUNTY, THE SURETY OR ANY PERSON
EMPLOYED OR ENGAGED ON HIS BEHALF SHALL HAVE THE RIGHT
TO GO UPON THE SITE TO COMPLETE THE REQUIRED WORK OR
MAKE IT SAFE. IN THE EVENT THE DEPARTMENT UNDERTAKES
THE WORK OR TO MAKE THE SITE SAFE WITH THE FUNDS FROM
THE FORFEITED CASH OR CORPORATE BOND, SUCH FUNDS SHALL
BE USED TO PAY THE COST OF CONTRACTING, INCLUDING
ENGINEERING AND ADMINISTRATION, FOR RESTORATION OF THE
SITE TO MEET THE REQUIREMENTS OF THE PERMIT, BOND OR
CHAPTER. IF THE COST OF THE WORK OR MAKING IT SAFE
EXCEEDS THE AMOUNT OF THE CASH OR CORPORATE BOND, THE
PERMITTEE SHALL CONTINUE TO BE FIRMLY BOUND UNDER A
CONTINUING OBLIGATION FOR PAYMENT OF ALL EXCESS COSTS
AMD EXPENSES INCURRED BY THE COUNTY. THE COST AND
EXPENSES SHALL BE A LIEN UPON ALL PROPERTY AND ALL