ORDER RE AMENDED CONSENT DECREE, REVISED EXHIBIT D

HOWARD R. LLOYD, Magistrate Judge.

Having inadvertently entered the unrevised version of Exhibit D to the Amended Consent Decree (Dkt. 120), the court now enters the revised Exhibit D and deems it incorporated as part of the Amended Consent Decree in place of the previously filed Dkt. No. 120-9.

SO ORDERED.

Exhibit D

PERFORMANCE GUARANTEE

Bond No. 09098099

KNOW ALL MEN BY THESE PRESENTS, that we, Lehigh Southwest Cement Company and Hanson Permanente Cement, Inc., as Principal, and Fidelity and Deposit Company of Maryland. licensed to do business in the Slate of California, as Surety, are held and firmly bound unto The United States District Court for the Northern District of California (Obligee), in the penal sum of Twelve million and no/100 Dollars ($12,000,000.00) lawful money of the United States of America (Surety Bond), for the payment of which sum, well and truly to be made, the Principal and Surety do bind themselves, their heirs, executors, administrators, and successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the above bounden Principal has entered into a certain written Consent Decree with the Sierra Club, lodged with the Court on the 24th day of April, 2013, which Consent Decree is made a part hereof and incorporated herein by reference, except that nothing said therein shall alter, enlarge, expand, or otherwise modify the term of the bond as set out below.

IN PARTICULAR, the Principal and Surety agree to convey all Surety Bond funds to the Permanente Creek Restoration escrow account within fourteen (14) days of Sierra Club providing notice of a Work Takeover pursuant to Paragraph 70 of the Consent Decree.

NOW, THEREFORE, if Principal, its executors, administrators, successors and assigns shall promptly and faithfully perform the Consent Decree, according to the terms, stipulations or conditions thereof, then this obligation shall become null and void, otherwise to remain in full force and effect. This bond is executed by the Surety and accepted by the Obligee subject to the following express condition:

Notwithstanding the provisions of the Consent Decree, the term of this bond shall apply from June 28, 2013 until June 27, 2014, and will automatically renew for subsequent terms of one (1) year, subject to revision pursuant to Paragraph 68 of the Consent Decree. Such annual renewal shall include an adjustment to the value of the original penal sum above by the percentage increase or decrease in construction costs as set forth in the applicable Engineering News-Record construction cost index for the Bay Area or, if unavailable, a comparable cost index. In the event the Surety elects not to renew the bond, the Surety must provide Principal and Obligee written notice their intent to non-renew the bond no less than sixty (60) days prior to the expiration date of the bond. Principal shall provide a replacement performance guarantee acceptable to Sierra Club, as set forth in the Consent Decree, prior to the expiration date of the bond.

The liability of the Surety under this bond and all Continuation Certificates issued in connection therewith shall not be cumulative and shall in no event exceed the amount as set forth in this bond or in any additions, riders, or endorsements properly issued by the Surety as supplements thereto.