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<br />1 Tile Contractor and the Surety, jointly and severally,
<br />bind themselves, their heirs, executors, administrators,
<br />successors and assigns to the Owner to pay for labor,
<br />materials and equipment furnished for use in the perfor-
<br />mance of the Construction Contract, which is incorpo-
<br />rated herein by reference.
<br />2 With respect to the fawner, this obligation shall he
<br />null and void if the Contractor.
<br />2.1 Promptly makes payment, directly or indirectly,
<br />for all sums due Claimants, and
<br />2.2 Defends, indemnifies anti holds harrriless the
<br />Owner from claims, demands, liens or suits by AnY
<br />person or entity whose claim, demand, lienor suit is
<br />for file payment for labor, materials or equipment for -
<br />niched for use in the performance of the Construction
<br />Contract, provided the Owner has promptly notified
<br />the Contractor and the Surety fat the address
<br />described in Paragraph 12) of any claims, dernands,
<br />liens or suits and tendered defense of such claims,
<br />demands, liens or suits to the Contractor and the
<br />Surety, and provided there is no Owner Default.
<br />3 With respect to Claimants, this obligation shalt be
<br />null and void if the Contractor promptly makes pay
<br />ment, directly or indirectly, for all sums due.
<br />4 The Surety shall have no obligation to Cfairnanls
<br />under this Bond until:
<br />4.1 Claimants who are employed by or have a direct
<br />contract with the Contractor have given notice to the
<br />Surety (at the address described in f'aragrat)h 12) and
<br />sent a copy, or notice thereof, to the Owner, staling
<br />that a claim is being made under this Bond and, with
<br />substantial accuracy, the amount of the claim.
<br />4.2 Claimants who do not have a direct contrart
<br />with the Contractor:
<br />,1 Have furnished written notice to the Con-
<br />tractor and sent a copy, or notice thereof, to
<br />the Owner, within 90 days after having last
<br />performed labor or last furnished materials or
<br />equipment included in the claim stating, with
<br />substantial accuracy, the amount of the claim
<br />and the name of the party to whon, the
<br />materials were furnished or suisplicd OF for
<br />whom the labor was dune or perfornied; and
<br />,2 14ave either received a reiection in whole or
<br />in part from the Contractor, or not received
<br />within 30 days of furnishing, the above no-
<br />tice any communication 40111 the Contractor
<br />13Y &N(h r.hr C'rilitr::r.f111 11_is indit,atr^ri the
<br />claim will be paid directly or indirectly; and
<br />3 Not having been paid within the above 30
<br />days, have sent a written notice to tile Sulety
<br />(at the address desrribed in Pmagtapit 12) and
<br />sent a ropy, or notice thereof, to the Owner.
<br />staring that a claim is being rnadP Under this
<br />Bond and enclosing a copy of the 11rfrvioo'.
<br />written notice furnished to the i:ontractoi
<br />s if a notice required by Paragraph 4 Is given by the
<br />Owner to the Contractor or to the Surety, that is Will-
<br />cient compliance.
<br />G y"Jhrrrl the Claimant has satisfied the conditions of
<br />Paragrapil 4, the Surely shall promptly and at the
<br />Surety's expense take the following actions:
<br />fi.i Send an answer to the Claim -111t, with a copy to
<br />the Owner, within 45 days after receipt of [lie claim,
<br />stating the amounts that are undisputed and the basis
<br />for chatlenging any amounts that are disputed.
<br />6.2 Pay or arrange for payment of any undisputed
<br />amounts.
<br />7 The Surety's total obligation shall not exceed the
<br />amount of this !Bond, and the amount of this liond shall be
<br />credited for any payments made in good faith by the Surety
<br />u Amounts owed by the Owner to circ Contractor under
<br />tine Construction Contract shall be used for file perfor-
<br />mance of the Construction ConitacI arid to satisfy claims.
<br />if any, under any Construction Performance Bond. By
<br />the Contractor furnishing and the Owner accepting this
<br />Bond, they agree that all funds earned by the Contractor
<br />in the performance of the Construction Contract are
<br />dedicated to satisfy obligations of the Contractor and
<br />the Surety under this Bond, subject to the Owner's prior-
<br />ity to use the funds for the completion of the work -
<br />9 (Ile Surety shall not be liable to tine Owner, Claimants
<br />or others for obligations of the Contractor that are unrelat-
<br />ed to the Construction Contract. The Owner shall not be
<br />liable for payment of any costs or expenses of any Claim-
<br />ant under this Bond, and shall have under this Bond no obli-
<br />gations to make payments to, give notices on behalf of, or
<br />otherwise have Obligations to Clainlailts Under this Bond.
<br />10 the Surety hereby waives notice of any change,
<br />including changes of time, to the Construction Contract
<br />or to related subcontracts, purchase orders and other
<br />obligations.
<br />11 No suit or action shall be commenced by a Claimant
<br />under this Bond other than in a court of competent loris -
<br />diction in the location in which the work or part of the
<br />work is located or after the expiration of one year from the
<br />date (1) on which the Claimant gave the notice requited by
<br />Subparagraph A-1 or Clause 4.2 3, or 12) on which lire last
<br />labor or service was 11e1formed by anyone or the last mate-
<br />rials or equipment were furnished by anyone under the Con-
<br />slrcrctioll Contract, whichever of (1) or (2) first occurs. If the
<br />prowisjons of this iraray;raph are void or prohibited by lawn
<br />the minimum period of lirnitatiralr available to sureties as a
<br />defense III tfle iUnsdlction of the suit shall be ipplicable.
<br />12;� Jo tlur 6wvtr'the UN'tler rix the Ccmtractcr
<br />shall be mailed or delivered to the address shown on the
<br />signature page, Attual receipt of notice by Surety, the
<br />Owner or the Contractor, Ilowewer accomplished, shall
<br />be sufficient curnpliancc ,is of the state received at 'lie
<br />address shown on the siy;rlahrre page.
<br />13 When this Bond has been ftrm'isli d to comply with a
<br />stahAwy cr;atbel Ictal IL-quilenlent ill rile lucaliva Miele
<br />She trinstnrction w^as to he perfonred, any provision in this
<br />thrift rnnflicting with said oillutmV or legal rerlulrrinent
<br />shall he deerned deleted Irerefrnrn and provisions con
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<br />(aunlnyy l+) such statuloly OF (lther legal requitement shall
<br />be deemed iocurporaled herein ?he intent h that this
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