Document 43

MEMORANDUM OPINION AND ORDER: For the above stated reasons, Westfield's motion for summary judgment [Doc. 19] is GRANTED as to all of Westfield's claims, and Westfield is entitled to judgment as a matter of law as t o all counts of its complaint [Doc. 1]. Accordingly, it is hereby ORDERED that the Indemnitors, jointly and severally, shall provide to Westfield: (1) indemnity in the form of cash reimbursement of $104,611.92 for Westfield's verifie d losses and expenses as of February 14, 2022, which were incurred by reason of Westfield having issued the K & F Construction bonds, and in enforcing the Indemnity Agreement between the parties; and (2) specific performance of the collateral securit y provisions contained in the indemnity agreement requiring Indemnitors to post collateral security in the amount of $163,247.51. A separate judgment will enter.See Memorandum Opinion and Order for details. Signed by District Judge Clifton L Corker on 05/12/2022. (CAT)

May 12, 2022