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<br />i. The Conlracioe and Iht Surety. jointly and sevcrzlly, bind themselves -
<br />Weir heirs, executors. administ Gltart, au CCGSoft anti asligna lolhe Owner
<br />to pay for labar. materials and equipment furnished for use in the perfor.
<br />mance of the Cdnstfllelton Contract, which ts incorporaled herein by
<br />ret(erencc,
<br />2. With respect to the Owner. this obligation shall be null and void if the
<br />Contractor.
<br />2.I, promptly makes payment. directly or indirectly, for all sums due
<br />Claimants. and
<br />Defends. rndemnlFics and holds harmless the Ownierfrom all claims.
<br />demands, liens or suns by any person or cntisy who furndncd
<br />labor, ma.tena.ls or equipment for use in the performance of the
<br />Construction Contract. provided the Owner hat promptly notified
<br />the Comravor and the Surely fat the address deicn'bcd in Pira.
<br />Mph 121 of any claims. demands, liens or suns and tendered
<br />defense of such claims, demands, liens or suits to the Contractor
<br />and the Surety, and provided there is no Owner Default.
<br />3, With vespers to Claimants, this obligation shall be. null and void if the
<br />Contractor promptly makes pAy'mcn[., directly or indirectly, for all sums
<br />due.
<br />4. The Surety shall liave no obligation to Claimants under this Bond until:
<br />4.1. Claimants who arc employed by or have a direct contract with
<br />the Contractor have given notice to the Surety fat she address
<br />described in Pirafraph 12) Ansi sent a copy, or notice thereof. to
<br />the Owner, stating [hat a claim is lacing made under this Band.
<br />and. with substantia) accuracy, the amount of the claim.
<br />4.2. Claimants who do not have a distet contract :with the Conlracwr.
<br />1. Have furnished written notice to the Contractor and unt a
<br />copy, or novice thereof. to the Owner, within 90 days after
<br />Isaving last performed tabor Or tut furnished maleriale or equip.
<br />Irrent included in the claim staring, with substanlial accuracy,
<br />the amount or the claim and the name of the party [o whom
<br />the materials were furnjihed or suppUed or for whom [he tabor
<br />wet done or pcsforniad; and
<br />2. Havc either received a rejection in whole or in part from she
<br />Contractor, or not received within " days of furnishing the
<br />above notice any communication from the Contractor by whicli
<br />the C'onuractor has indicated the claim will be paid directly or
<br />inoirectly; and
<br />7. Not having been paid within the above 30 days, have sent a
<br />written notice Ib the Surety (at she address dctcrbhcd in Para -
<br />Mph 12) and sent a copy, or notice uicrco(, to rhe Owner.
<br />stating that a claim is being made under this Bond and enclosing
<br />A copy of the previous written notice furnished to the can.
<br />Iractor.
<br />J. If a notice required by Paragraph 4 is given by the Owner to Inc
<br />Contractor or to the Surety, Haat is stdflcicnt compliance.
<br />6. When the Claimant has satisfied, he cortdi[ions of paragraph 4, the
<br />Surety shall promptly and at the Surety's eapensc take the following
<br />adllons:
<br />6.1. Send an answer to the Claimant, with a copy to she Owner, witliim
<br />43 days after rccegp[ of the claim, stating the amounts In&are
<br />undisputed and the basis for challenging any amounts that are
<br />disputed,
<br />6.2, Pay or arrange for payment of any undisputed amounts,
<br />7. The Surety's total Obligation shall not exceed the amount ofthis Bond,
<br />a.nd the amount ur lhis Bond snail be credited for any payments made in
<br />good faith by the Surety.
<br />S.P•r,su till uwcd by rhe Owner to theContlactnr under the Construction
<br />Contract shall be used for the performance of the Consuuc.tross Conlracr
<br />and to siiia(y claims, if anv, under anv C aosinietion Penormance Bond.
<br />By the Contractor rurm0m1 and the Owner aceentmo ih„ [, j. t.{,
<br />agree that all fund, earned by Itic Cdnlrmcior in wic pen-nrynance of the
<br />Cunstruchon Contract are dedicated to satisfy obligations of the Con.
<br />tractar and the Surety under this Bond. sub)et+ to Inc Owner r pneny
<br />to lose the funds for the completion of rhe work.
<br />4. The Surety shall not be liable Iv the Owner. Claimants or othen tar
<br />obligations of the Contractor shat are unrelated to one Constluction Con,
<br />tract. The Owner shall not be liable for oavmem Of any costs or e.wcnscs
<br />of any Claimant under this Bond, and snail have unoer this Bond no
<br />obligations to make payments to, give notices on crnalf of, or otherwise
<br />have obligations to CLimwits under this Bond.
<br />to. The Surety hereby wa ves notice of any change, including changes of
<br />time, to the Construction Contract or to related subeonlrac1l, purchase
<br />orders and Other obligations.
<br />11. i4o suit or action WE be commenced by a Claimant under this Bond
<br />other than in a court of Competent jumdicuon rn the [option in which the
<br />work or part of the work is located or alter the exp,ralldn of are year
<br />from the date fit on which the Clamunl gave the notice required by
<br />Subparagraph 4.1 or Clause J..' liiil, or 01 on which the last labor of
<br />service was performrd by anvane or the last malenalt ortquiprr:ent were
<br />furnished by anyone under the Construction Contract. whichever of iii
<br />or(Wirst occurs. if the provisions of this Paragraph are voidor prohibited
<br />by Paw, the minimum period of linutancia available to sureties asadefensc
<br />in the jumidiction of the suit shall be applicable,
<br />12. Noaice to the Surety, the Owner orthe Contractor shati be mailed or
<br />delivered to the address shown on the sigssaturx page. Actual receipt or
<br />notice by Surely, the Owgcr or the. Contuctur, hov.cyer accomplished,
<br />a hall be suMcitin I compliance as of the dale remcived at the address shown
<br />on the issw s[turre page.
<br />13. When this Bond has been furnished to comply with a statutory or
<br />other legal requirement in the location where the consirucuoa was to be
<br />performed. Any ptovislon in this Hand conflicting with acid statutory or
<br />legal requirement aha t be deemed deleted hetcfrom and provisions con-
<br />forming to such igtuwry or other tegal requirement shall be deemed
<br />incorporated herein. The intent is, that this Bond shall be construed as A
<br />statutory bond and not as a common law bond,
<br />14. Upon request by any Person Or cnuty appearing to be a potenl;sf
<br />benelieiary of this Bond. the Contractor shag promptly furnish a Copy"t,.
<br />this Bond or shall permit a copy to be made.
<br />15. DEFINITIONS
<br />13.1. Claimant: An ndividusk! or enuty having a dis'ect contract with
<br />rhe Cunlroclor or with a suneontriocw of e_- Contr.CUK to
<br />furnish labor, materials or equipment for use in the performance
<br />df the Colitract, The intent a f this Band shall be to include wi thou t
<br />lirrsitation in the serais "labor, maierialsorequipment" that pan
<br />of water, gas, power. light, htal, aril. gtaOhm telephone service
<br />6r rental equipment used in the Conslrucuon Contract, Architec•
<br />[ural and engineeiil g services required for performance of the
<br />work of the Contractor and the Contractor's subcontractors, and
<br />all other items for which a mechanics lien may be asserted in
<br />the junsdicuon where the labor. matcnall or equipmeni were
<br />furnished.
<br />15.2, Construction Contract: The agreement between the Owner and
<br />the Conlnc[or identified on the signature page. including all
<br />Contract Documents and chanties thereto.
<br />15.3, Owner Default: Failure of she Owner. which has neither been
<br />remedied riot waivCd, to nay die Canlnc(nr Al rmuirrel hu lh•
<br />Constrr:ctibn Con[rct or to Fact mb and complete or comply
<br />with the other terns thereof.
<br />(FOR INFORMATION ONLY --Name• address and Telephorte)
<br />AGENT or BROKER. OWNER'S REPRESENTATIVE (Architect, Engineer or other party):
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