Candidate Richard P Murphy's Guaranty Agreement to the Voters of The First Congressional District of Maine
This Guaranty Agreement (this "Guaranty") is made effective as of January 01, 2015 and upon the election of Richard P. Murphy from Springvale, Maine to the U.S. House of Representatives. This Guaranty is being given to the voters of the 1st Congressional District of Maine. This Guaranty is being given for the benefit of the voters of the 1st Congressional District of Maine.
I. OBLIGATIONS. This Guaranty is given by Richard P. Murphy to enter into a binding contract with the voters of the 1st Congressional District of Maine for the purpose of assurance of the following;
• Richard Murphy will adhere to all his Oath of Office
• While in office Richard Murphy will vote according to all positions, principles, and stances laid out to the voters during his campaign.
• Richard Murphy will not hold more than three (3) terms in the U.S. House of Representatives. He will impose term limits upon himself. Richard Paul Murphy further acknowledging that the voters of the 1st Congressional District of Maine intend to rely on this Guaranty. Richard Murphy guarantees prompt and satisfactory performance of this contract in accordance with the terms and obligations under the contract according to the terms and conditions. If Richard Paul Murphy fails to adhere to his obligations to the voters of the 1st Congressional District of Maine, he shall be liable to repay all salary received and benefits paid while in office. This includes all expenses, costs, and damages that the voters of the 1st Congressional District of Maine insure in attempting to realize upon this Guaranty.II.LIMITATION OF AMOUNT. The liability of Richard P. Murphy pursuant to this Guaranty (exclusive of any costs and expenses incurred by the voters of CD-1 to realize upon this Guaranty) shall not, at any time, exceed the sum of the total salary and benefits paid to Richard P. Murphy for the position elected.
III. DURATION. This is a continuing Guaranty and shall not be revoked by Richard P. Murphy. This Guaranty will remain effective for the entire term of office. IV. NOTICE OF DEFAULT. The voters of the 1st Congressional District of Maine are required to notify Richard Paul Murphy of a default to commitments to the voters before proceeding against Richard Paul Murphy under this Guaranty. To prevent fraudulent claims of default, the following conditions must be met.
• A notice of default may not be filed against Richard P. Murphy until the he has actually performed the duties of the office to which elected for a period of six (6) months during the current term of that office.
• A notice of default may not be filed against Richard P. Murphy during the last six (6) months of the term of office.
• A notice of default to Richard P. Murphy must be signed by a number of voters from the 1st Congressional District of Maine only, equal to not less than 10% of the number of votes cast for candidates for that office at the last preceding election in the electoral district of Richard P. Murphy.V. PROVISIONS. Richard P. Murphy shall answer publicly to any Notice of Default filed that adheres to the conditions given within 35 days after the filing. He shall make an official declaration of the sufficiency or insufficiency of the notice from the voters of the 1st Congressional District. Immediately upon determining pursuant to the conditions that a Notice of Default is sufficient, but not later than 35 days after the date of filing the notice, Richard P. Murphy shall publicly announce his immediate resignation from office. This provision is intended to provide the voters of the 1st Congressional District the additional protection to recall Richard P. Murphy if he violates any of the stated obligations. The voters of the 1st Congressional District of Maine must exercise reasonable diligence to recover salary and benefits for performance owed by Richard P. Murphy before seeking to enforce this Guaranty and collect against Richard P. Murphy. This Guaranty is given with the understanding that funds readily available to Richard P. Murphy would be attached first and exhausted before any claim is asserted for the collection of any debt under this contract.
VI. ENTIRE AGREEMENT. This Guaranty contains the entire agreement of the parties with respect to the subject matter of this Guaranty and there are no other promises or conditions in any other agreement, whether oral or written.
VII. SEVERABILITY. If any provision of this Guaranty shall be held invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Guaranty is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
VIII. WAVIER OF CONTRACTUAL RIGHT. The failure of either party to enforce any provision of this Guaranty shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Guaranty.
IX. APPLICABLE LAW. This Guaranty shall be governed by the laws of the State of Maine. Guarantor Richard Paul Murphy