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I. The•Contractor and the Surety,jointly and eally,bind themselves. and to satisfy claims,i v, <br /> their herr&,executors.administrator&.aueces�id assigns to the Owner a the under anv C,)nstrucuon Perto <br /> to pay for labor.materials and equipment fu for use in the W or. agree that all funds by the Contractor,n the Rnance Bond. <br /> ntanee of the Construction Contract. which is into ! and the Owner acccoung this Bond, they <br /> reference. incorporated hereto by Custructtoq Contract are dedicated to satisfy obirgat onsru a�the Con.the <br /> 2. With respect to the Owner,this obligation shall be null and void if the tactor and the Surety under this Bond, subject to the Owner's Cun- <br /> Contractor, to use the funds for the completion of the work. Dncr� <br /> 9. The Surety <br /> 2.1. Promptly.makes payment.directly or indirectly•for all sums due Obligations s of the Cont actorl not be s that aree 90 tunreela ed to the Construction <br /> Claimants,andhe marts or others for <br /> 2. Defends.indemnifies and holds harmless the Owner from all claims, tract.The Owner shall not be liable for pad. and yment of any costs or exp noes <br /> demands, liens or suits by any person or entity who furnrsned oblOf lgationy Gnsa o make Payments mant under this on Wye notices on eenalf of for otherwise <br /> no <br /> labor,'materials or equipment for use in the performance of the have obligations to Clainwnts under this Bind. <br /> Construction Contract.provided the Owner has promptly notified <br /> the Contractor and the Surety(at the address described in Para. !0. The Surety hereby waives notice of anv char <br /> graph 12) of any claims. demands, lies or suits and tendered time, to the Construction Contract or to related sube"oai�t�ttcp me <br /> defense Of such claims,demands.lies or suits to the Contractor order and other obligations. <br /> and the Surety,and provided there is not 1. No suit or action shall be co <br /> 3 With res Owner Default. mmened by a Claimant under this Bond <br /> pect to Claimants.this obligation shall be null and void if the other than in a court of competent jurisdiction in the location in which the <br /> Contractor promptly makes Payment.directly or indirectly.for all sums wOelt r Part of the work is located or after the <br /> due. from the date (1) on which the Clai expiration of one year <br /> 4. The Surety shall have no obligation to Claimants under this Bond until: servtc Subparagraph pe ormed bCly anyone ii the last t on whir a e suited by <br /> ere <br /> 4.1- fill), or f_1 on which the last labor or <br /> Claimants who are employed by or have a direct contract with <br /> the Contractor have given notice to the Surety(at the address htrt'tuhed by anyone under the Construction Contract, equipment <br /> rtot <br /> described in Paragraph 12)and sent a co _ or(2)first occurs.If the provisions of this <br /> the Owner. stating that a claim is being made under this ono by law•the minimum period o;limitation available to suretiesam void o defettnse <br /> and.with substantial accuracy.the amount of the derclaim. in the jurisdiction of the suit shall be applicable, as <br /> 4.2. Claimants who do not have a direct contract with the Contractor; 12. Notice to the Surety.the Owner or the Contractor <br /> 1. Have furnished written notice to the Contractor and sent a delivered to the address spown on the signature <br /> ghat) maild r <br /> copy, or notice thereof. to the notice by Surety. the Owner or the Contractor.however receipt of <br /> having last performed labor or a Owner. within 90 days after shall be sufficient compliance as of the date aaomPlished. <br /> stent included in the dein[stating.furnished materials r Bracy, on the signature P jived at the address shown <br /> the amount of the claim and thename of the accuracy, �• <br /> Party to whom 13• When this Hod has been furnished o eotnPlY with a statutory or <br /> the materials were furnished or supplied or for whom the labor other legal requirement in the location where the Comply w <br /> was done or Performed;and Performed.any provision in this Bond conA• construction S was to be <br /> 2. Have either received a rejection in whole r in prat from the legal requhumnt shall be deemed deleted herreef n and statutory or <br /> Contractor. or not received within 30 days of furnishing the forming o such statutory or other legal requirement shall sions be deemedc . <br /> above notice any communication from the Contractor by which <br /> the Contractor has indicted the claim wr7)be incorporated herein.The intent is.that this Bond shall be construed as a <br /> indirectly;and paid directly or statutory bond and not as a common law bond. <br /> 3. Not having been paid within the above 30 da 1e Upon request o any Pelson r entity appearing to be a potent:f <br /> written notice to the Surety(at the ys,have sent a tl�iis beneficiary <br /> o=ff Bond,the Contractor shall promptly furnish a copy' <br /> writs IZ) and sent a c address described in Para- permit a copy to be made. 4• <br /> grain that a opy or notice thereof. o the Owner. 13. DEFINITIONS <br /> f claim ts being made under this Bond and enclosing 13.1. Claimant:An individual r entity having a <br /> a copy of the precious written notice futaished to the Con- Y g direct contract with <br /> tractor. the Contractor or with a subcotrvaetor of the Contractor to <br /> 3. If a notice required by Paragraph 4 is <br /> furnish labor.maaetials or equipment for use in the Performance <br /> Contractor r to the Surer firer& 1, the Owner to the ofthe Contract.The intent of this Bond shaA be to include Without <br /> 6. When the Y.that is st flicient eompiitusce. limitation in the terms"labor.materials <br /> Surety shall promptly �att a Surer corAtios of PstagmPh 4. the of water.gas.power.Iight-heat, r equipment••that Pa+t <br /> r rents! gasoline,telephone service <br /> actions: Y' pose take the totbwing equipment used in the Construction Contract.aehitec- <br /> 6.1. Sed an answer to the Ciai tural and engineering services required for <br /> Claimant..with a copthe <br /> y to the Owner,within work of the Contractor and the Contractor's subcontractors.or&rmance tand <br /> 43 days after receipt of the claim• stating the amounts that are all other items for which a.mechanic's lien may be asserted in <br /> undisputed and the basis for challenging any amounts that are the jurisdiction where the labor, materials or <br /> disputed. equipment were <br /> 6.2. Pay or strange for payment of any undisputed amounts, furnished. <br /> 7. The Surety's total obligation shall not exceed the amount I%this Bond, 15.2. the Contract Contract:The agreement between the Owner and <br /> and the amount of this Bond shall be credited for an the Contractor identified h the signature.pace, including all <br /> good faith by the Surety. Y Payments Wade in Contract Documents and chances thereto. <br /> 13.3. Owner Default: Failure of the Owner, which has neither been <br /> f- Amounts owed by the Owner to the Contractor under the Constritction remedied nor waived. to w <br /> Contract shall be used for the performance of the COnsavction Contract Construction Contract rtoy the Contactor as required by the <br /> with the other terms thereof perform and complete or comply <br /> (FOR INFORMATION ONLY—Name. Address and Telephone) <br /> AGENT or BROKER:- <br /> BROWN & BROWN, INC, OWNER'S REPRESENTATIVE (Architect, Engineer or other party): <br /> PO BOX 1229 <br /> TSA, FL 33601-1229 <br /> I <br />