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w <br />/,,ad by paragraph 4 I given by the Owner to Ilse Can- <br />A Surety, that Is suMclent corn -',ince, <br />'�lalmant has satisfied the condlt__ 'af ParnprnpIl 4, Ilrn <br />,d pran]plly and at ti]e Surety's expense lake lira following <br />Send an answer to the Claimant, with a copy la the Owner, <br />eipt Of <br />e clEllm. <br />rehundisputed anin 45 days d rthe cbasis (OF tchallengd g staling <br />ny amountsillhal"Istare <br />' disputed , <br />6.2 pay or arrange for payment of any undisputed amounts, <br />7 the Surety's total obllgation Shall not exceed the amount of tills <br />Bond, and the amount orthis Bond shall be credited for any payments <br />made In good faith by the Surety. <br />8 Amounts owed by the Owner to the Contractor under the Construc. <br />Ilan Contract Shall be used for theperformance of the Construction <br />Contract and la Satisfy Claims, 1f any, under any Construction Perfor- <br />mance Band. By the Contractor furnishing and the Owner accepting <br />this Bond, they agree that all funds earned by the Contractor In the <br />Performance of Ilse Construction Contract rite dedicated to satisfy obli- <br />galions of the Contractor and the Surcly under this Bond, suhjacl to <br />the Owner's prderlty to use the funds for [lie completion of Use warp, <br />g Tile Surety shall not be ilabfa to the Owner, Clallnents or other% for <br />obligations of the Contractorthat are unrelated to the Cbrishuction <br />Contract, The Owner shell not bo liable forpeyment of any costs or <br />expenses of any Claimant under this Bond, and shall have under tills <br />Bond no obilgatlon to make payments to, give notices on behalf of, <br />or otherwise have oblfgaUons to Claimants under ]Ills Bond <br />10 The Surely hereby walves notice of any change, including chanpes <br />if lime, to the Construction Contract or to rotated subcontracts, pur- <br />:hase orders and other obligallons. <br />11 No suit or action shall be commenced by a Claimant under this <br />Bond other than In a court of competent jurisddctlon in the facrition <br />r] which the work or part of the work Is located or after Ilia expiration <br />if one year from the date (1) on which the Claimant gave the nollce <br />squired by Subparagraph 4.1 OF Clause 4.2.3, or (2) an wlticl] the last <br />labor or so <br />rvlce Wes performed by anyone or the fast materials or <br />qulprnent were Furnished by anyone under the Canstruclfon Con- <br />-act, Whichever of (t} or (2) first occurs, tr the prrvlsfcns of tills <br />MODIFICATIONS 7l,.' T.913 "UOUD ARE AS FOLLOWS; <br />Paragraph are Vold or prohibited by law, the minimum period of limf- <br />lallon available to Surat' <br />nlinfl tin npplfcnhle s a defense in the jurisdiction of the suit <br />12 Notice to the Srirety, Ilse Owner of the Contractor shall be mailed <br />ar degvered to the address shown on the signalure page Actual <br />receipt of police by Surely, the Owner or the Contractor, however <br />accompllehed, shall be sufficient compliance as ar Ills date received <br />01 the address shown on the signature page. <br />13 When this Bond has been furnished to comply wilt, a statutory or <br />other legal requirement In the local( fin where the construction was <br />to be performed, any provision In this Bond conflicting with said SIatu- <br />Inry or l . requirement shall be deemed deleted herefrom and <br />pro"Isions conforming to such statutory or other legal requirement <br />shall he deernad fncorpamtad herein. The intent Is that this Bond shall <br />be curoslrued .rs a statutory band and not as a common Paw bond. <br />14 Upon request by any person or enhly appearing to be a potential <br />beneficiary of this Bond, lite Contractor shall prcrnptly furnish a copy <br />of this f_lond at shall permit a copy to be made <br />t5 6BFtNtTIONS <br />15.1 Cloirnartl. An Individual at enlily having a direct contract will, <br />the Cantrnclm OF will] o sultconlractor of ti]e Contraclor to furnish <br />labor, Materials or equipment for use in the performance of file <br />Conlracl. The Intent of [Ilia Bond shall be to Include without liml- <br />tatlon In the terms "labor, mateffats or equipment" that part of <br />water, gas, power, light, heal, all, gasoflne, telephone service or <br />Tenial equipnfenl used in (tie Conslructfor] Contract, mchlteclural <br />rind' engineering services required for performance of tree worts of <br />II1e Contractor and the Contractor's Subcontractors. and all other <br />items for which a mechanic's lien may be asserted in the jurisdic- <br />linn vdiere the tabor, rnalerdals or equipment were furnished. <br />15.2 Construclfon Contract The agreement between the Owner <br />and the C..anlraclor Identified on the signature page, Including all <br />Contract Documents and changes thereto. <br />15,3 Owner Oa fault; Failure of the Owner, which has neither been <br />remedied nor waived, to pay the Contractor as required by the Con. <br />sttuction Contract or to perform and camplele or comply with the <br />other terms thereof <br />7 pace 1s provided be tow for adddllonal <br />sign slures of added <br />A(j,1 RI: iii giM1►? <br />YTtftlit ! R�sl(I] 'r •, r., p+ <br />d } <br />� <br />CONTRACTOR AS PRINCIPAL <br />parties, other than Chase ] <br />r <br />ppenrdng�ntUip;daldc]ilpii���r]T •r. , <br />' •11)'1 1';)�f1r]i* far <br />mpany: <br />SVRETY <br />(Corporate Seal) <br />: !ir,: r•, <br />:i VII 'Illi 1.11 .1jin liC)-Ir(OQrRQTp}e Seal) <br />f\y <br />Company: <br />!I <br />I All - <br />S4 mitt's: <br />[dame and Tllle� <br />Slgnnfure� <br />TIAll <br />�.. «. <br />Adr rvssr <br />Narno and Till,.. <br />Address;. <br />Page 2 of 2 <br />