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<br /> 1 . the tontractor and the Suretv . jointIv and severally . bind themselves . and to satisfy claims . if any , unser any (: instruction
<br /> Penm
<br /> Orancc Bond .
<br /> their heirs . executors . administrators . auecessors and assigns to the Owner By the Contractor furntshtns and the Owner accepting
<br /> this Bond , they
<br /> to pay for labor . materials and equipment furnished for use in the pertor• agree that all funds earned by the Contractor
<br /> , n 11c perfnrmanee of the
<br /> mance of the Construction Contract . which is incorporated hereat by Construction' Contract are dedicated to satisfyga
<br /> ooitttoas of the Con _
<br /> reference . tractor and the Surety under this Bond . subject to the Owners pncrr.r
<br /> =. With respect to the Owner, this obligation shall be null and void if the to use the funds for the completion of the
<br /> work.
<br /> Contractor. 9 . The Surety shall not be liable to the Owner. Claimants or others for
<br /> _ . 1 . Promptly makes payment . directly or indirectly . for all sums due obligations of the Contractor that ars unrelated to
<br />t:sc Construction Con-
<br /> Claimants . and tract. The Owner snail not be liable for payment of any costs or expenses
<br /> 12, Defends , indemnifies and holds harmless the Owner from all claims . of any Claimant under this Bond . and snail have
<br /> unser this Bond no
<br /> demands , liens or suits by any person or entitywho fumisned obligations to make payments to , give notices on eenalf
<br />of. or otherwise
<br /> labor . materials or equipment for use in the performance of the have obligations to Claimants under this Bynd .
<br /> Construction Contract. provided the Owner has promptly notified 10. The Surety hereby waives notice of any change . including changes
<br /> of
<br /> the Contractor and the Surety ( at the address described in Para- time, to the Construction Contract or to related Subcontracts.
<br /> purchase
<br /> graph 12) of any claims, demands . liens or suits and tendered orders and other obligations,
<br /> defense of such claims. demands. liens or suits to the Contractor 11 . No suit or action shall be commenced by a Claimant under
<br /> this Bond
<br /> and the Surety , and provided them is no Owner Default. ocher than in a court of competent jurisdiction in the loauon in which the
<br /> 3. With respect to Claimants , this obligation shall be null and void if the work or pan of the work is located or after
<br /> the expiration of one year,
<br /> Contractor promptly makes payment, directly or indirectly , for all sums from the date ( 1 ) on which the Claimant gave the
<br /> notice required by
<br /> due . Subparagraph 4 . 1 or Clause 4 .2 (its), or ( _) on which the last labor or
<br /> A . The Surety shall have no obligation to Claimants under this Bond until: service was performed by anyone or the last materials or equipment
<br /> were
<br /> 4 . 1 . Claimants who are employed by or have a direct contract with furnished by anyone under the Construction Contract,
<br /> whichever of ( 1 )
<br /> the Contractor have even notice to the Surety (at the address or (2) fust occurs. If the provisions of this Paragraph am void
<br /> or prohibited
<br /> described in Paragraph 12) and sent a copy , or nouce thereof, to by law . the minimum period o: limitation available to sureues as
<br />a defense
<br /> the Owner, staung that a claim is being made under this Bond in the jurisdiction of the suit shall be applicabk.
<br /> and, with substantial accuracy , the amount of the claim 12, Notice to the Surety , the Owner or the Contractor shall be mailed
<br />or
<br /> 41. Claimants who do not have a direct contract with the Contractor. delivered w the address spown on the signature page. Actual
<br /> receipt of
<br /> 1 . Have furnished written notice to the Contractor and sent a notice by Surety, the Oester or the Contractor, however
<br /> accomplished,
<br /> copy , or notice thereof, to the Owner, within 90 days after shall be sufficient compliance as of the date received at the
<br /> address shown
<br /> having last performed labor or last furnished materials or equip- no the signature page,
<br /> ment included in the claim stating, with substantial accuracy , 13. When this Bond has been furnished to comply with
<br /> a statutory or
<br /> the amount of the claim and the name of the party to whom other legal requirement in the location where the construction
<br /> was to be
<br /> the materials were furnished or supplied or for whom the labor pe, formed. any provision in this Bond tmndictirtg with said statutory
<br /> or
<br /> was done or performed : and legal requirement shall be deemed deleted herefrom and provisions con-
<br /> t. Have either received a rejection its whole or in part from the
<br /> Contractor, or not received within 30 days of furnishing the forming to such statutory The
<br /> to other legal re and shagment
<br /> shall st deemed
<br /> above notice any communication from the Contractor by which incorporated rabo herein. The intent m that this bond: shall be construed as
<br /> a
<br /> the Contractor has indicated the claim will be paid directly or statutory bond and not u a common law bond;
<br /> indirectly: and 14. Upon request by any person or entity appearing to be a potent;e
<br /> 3 . Not having been paid within the above 30 days, have sent a beneficiary of this Bond, the Contractor shall promptly furnish
<br /> a ccpyq
<br /> written notice to the Surety (at the address described in Para- this Bond or shall permit a copy to be made,
<br /> graph 12) and sent a copy, or notice thereof, to the Owner, 13. DEFINMONS
<br /> sating this a claim is being made under this Bond and enclosing 15, 1 , Clainsanc: An individual or entity having a direct contract with
<br /> a copy of the previous written notice furnished to the Cosa the Contractor or with a subcontractor of the
<br /> Contractor_ to
<br /> tractor, furnish labor, materiah or equipment for use in the performance
<br /> S. If a notice required by Paragraph 4 is given by the Owner to the of the Contract. The intent of this Bond shall
<br />be to include without
<br /> Contractor or to the Surety, that is srAcient tmmplianee. limitation in the terms "labor. materials or equipment " that part
<br /> 6. When the Claimant has satisfied :he conditions of Paragraph 4 , the of "'ate• gat • power• light, heat, W. gasoline,
<br />telephone service
<br /> Sures shall promptly and at the Stiret s es or rental equipment used in the Construction Contract. architec-
<br /> t P p Y Y pease take the folbwing
<br /> actions: rural and engineering services required for performance of the
<br /> work of the Contractor and the Contractor' s subcontractors, and
<br /> 6. 1 . Send answer to the Claimant: with a copy the Owner. within all ocher items for which a. mechanic ' s Lich may be
<br /> asserted in
<br /> 43 daysys after receipt of the claim, stating the amounts that are the jurisdiction where the labor, materials or equipment
<br /> were
<br /> undisputed and the basis for challenging any amounts that are furnished.
<br /> disputed.
<br /> 6 .2. Pay or arrange for payment of any undisputed amounts . 1311 Construction Contract: The agreement between the Owner and
<br /> the Contractor identified on the signature . page . including all
<br /> 7. The Surety ' s total obligation shall not exceed the amount of this Bond. Contract Documents and changes thereto .
<br /> and the amount of this Bond shall be credited for any payments made in 15 .3 . Ovnwr Default: Failure of the Owner , which
<br /> has neither been
<br /> good faith by the Surety .
<br /> remedied nor waived , to pay the Contractor as required by the
<br /> g. Amounts owed by the Owner to the Contractor under the Construction Construction Contract or to perform and complete or comply
<br /> Contract shall be used for the performance of the Construction Contract with the other terms thereof,
<br /> (FOR INFORMATION ONLY—Name , Address and Telephone )
<br /> AGENT or BROKER : - OWNER ' S REPRESENTATIVE ( .Architect . Engineer or other party ) :
<br /> Brown & Brown , Inc .
<br /> P . O . Box 1229
<br /> Tampa , FL 33601 - 1229
<br /> 813 - 226 -
<br />
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