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<br />1. The Con tractor and the Sure lv.joinTly and IeYen IIv, birds themselves,
<br />theirhelrs, exeeutorl, admin l a tntarl. sUM land asiltnl tolhe Owner
<br />to Pa, for 4bar. materials and cqurpirlrnt t shed far use in the oerfor-
<br />mance or the Construction Contract. which is incorporated herrin by
<br />reference.
<br />With respect to the Owner. Ilia obligation shall be null and void if the
<br />l Conlnelnr:
<br />'_.I. Promptly makes payment. directly or indirectly, for all sums due
<br />Claimants, and
<br />Z. 17cfehds, iTide mnuics and holds harmless (lie 0wncrfrain all v.Wms.
<br />.
<br />t demands, liens or sults by any person or entity who furnimcd
<br />Labor, materials or equipment for use in the performance of the
<br />- Construction Contract. provided the Owner has promptly notified
<br />the Contractor and The Surety (at the address described in Para-
<br />graph 121 of any claims. demands. liens or suits and tendered
<br />,defense of such Claims, demands. liens or suits to rhe Contractor
<br />and the Surety. and provided there is no Owner Default.
<br />3. With respect to Clainunts, this obliption shall be null and void if the
<br />Contractor promptly makes payment, directly or indirectly, far all sums
<br />due.
<br />4. The Surety shall have no obligation to Claimants under this Bond until:
<br />4.1. Claimants who arr employed by or have a direct contract with
<br />the Contractor have given nouee to the Surety lit the address
<br />described in Paragraph 13) anC1 sent a copy, or notice thereof. to
<br />the Owner, stating that a. duds is being made under this Bond
<br />and. with substantial aeeuraey, the amount of the Claim.
<br />4.2. Claimants who do not have it direct contract with the Contractor.
<br />i. Have furnished wntten notice to the Contractor and sent a
<br />copy, or notice thereof, to the Owner. within 90 days ahcr
<br />having last performed Iaborcriast furnished matet-Wicirequip-
<br />hint included in the claim slicing, with substantial accuracy,
<br />the sunou(IL of Lht claim and the Mune of the party to wham
<br />the materials were furnished or supplied or for whans the labor
<br />was done or performed: and
<br />2. Have either received a rejection in whole or in piers from the
<br />Coninetor, or not received within 30 days of furnishing the
<br />above notice an y c amm u nicsti on from the Con trio i tar by w h is h
<br />the Contncior has indicated the ctaim will be paid directly or
<br />indirectly,, and
<br />3. Not having boon paid within the above 30 days„ have sent a
<br />written nonce to the Surety (at the address deuribed in Pira.
<br />,graph 12) and sent a copy, or notice thereat, to the Owner.
<br />stating that a claim 1a being made under tfsia Bond and eneidsing
<br />A copy of the previous written notice furnished to the Con-
<br />tractor.
<br />3. 1f a notice required by l`2r1gnPh 4 is given by the Owner to the
<br />Contractor or to the Surety, that is aL'dllcient compliance.
<br />6. When Lhc Claimant has satisfled•:he conditions of Paragraph 4, the
<br />Surety shall promptly and at the Surety's expense take the fallowing
<br />actions:
<br />6.1. Send an answerta the Claimant, with a copy to the. Owner, within
<br />43 days after receipt of the claim, stating the amounts that are
<br />undisputed and the basis for challenging any amounLs that are
<br />disputed.
<br />6.2. Pay or arrange far Payment of any undisputed amaunts.
<br />7. This Surety's total obligation 3.h111 not exceed the amount of this Bond.
<br />and The amount of this Bond shall be credited for any payments made in
<br />good faith by the Surety.
<br />S. Amounts owed by the Owncrto the Contractor under the Construction
<br />Contract shall be used for the performance of the Consuucuon Contract
<br />and to satisfy claims. if anv, under anv C.Instructlon Perrartnanec Ban,,
<br />By the Con lracto i Rhin; and the Owner acceoLing this Band, they,
<br />a4ree that alt fund. ned by [hc Comraetor in the citrin., d once of thy,
<br />Cunstnucltan COMMl are dedrcated [a satisfy dolrgattona of the Can.
<br />Irsetar and the Surety under [pis flond, subl= to Inc Qwriee-% prior.,?_
<br />to use the funds for the comple[ton of the work,
<br />4. The Surety shall not be liable to Inc Owner. Claimants or others for
<br />obligations of the Contractor mat are unretated to t7c Cv)nstruction Can•
<br />tract.. The Owner shall not be liable for pavnTent of anv costs or e,Rbenses
<br />of anv Claimant under this Bond. and mall have unser this Band no
<br />ablitationS to mokc payments to. give mitres on renalf of. or olherwilr
<br />have obligations to Claimants under this Bjrdd.
<br />10. The Surety hereby waives notice of anv chantc. including changes or
<br />time. to the Construction ContnCL ar to retated Suocontra purchase
<br />orders and other oblilaltarm
<br />11. No suit or action SUI be commenced by ICtainynt under This Band
<br />other than in a court of cdmpctentlunsdicnon in the lopuan in which the
<br />work w pan of the work is located or after the extitniton of one year
<br />from the dale (t) on which the Claimant gave the notice mouired by
<br />SubpangrsiPh 4.1 or ClatsaC a.2 fiiil. or t21 on which the list labor or
<br />scrviec wa3 pcnormcd by anyone or the laic matenals orequipment were
<br />furnished by anyone under the Construction Contract, whichever off 1)
<br />or (2) fust occurs. If the provisions of this Paragraph are void or prohibited
<br />by law. The minimum pcnod orlimitaliaa available to surcuca as a defense
<br />in the jurisdiction of the suis shalt be applicabk,
<br />12. Notice to the Surety, the Owner or the Contractor shall be mailed or
<br />delivered 10 the address shown an the sipasure page. Actual rrenps of
<br />notice by Surety, the Owrkr or the Contractor, however accomplished.
<br />shall be sufficient compliance as of The due mccived aT the address shown
<br />on the sigstature page.
<br />13. When This Bond has been fumished to comply with a statutory or
<br />other legal rcquirrment in the location where the construction was to be
<br />performed, any provision in this Bond conliicting with said statutory or
<br />legal requirement shall be deemed deleted herefrom and provisions can.
<br />forming to such statutory or other lcVd requirement shall be deemed
<br />incorporaud herein. The intent is. that this. Bored shall be construed Is a
<br />staLutory bond and not as a common law bond. -
<br />14. Upon request by any person or entity appearing to be a potents'
<br />beneficiary a4 this Bond, the Contraetar shall promptly furnish a copy',
<br />this Bond or shall pertttit a copy to be made.
<br />15. DEF1NMONS
<br />13.1. Clsimartt: An lisdividul or entity having a dirsct contract with
<br />the Contractor or with a iubcpntraCtor of the Contractor to
<br />furnish tabor, matchals dr equipment for use in the perfermance
<br />of the Ca n Lracs, Th a irate a L b f this 8 and shall be to inc Iude wi shout
<br />limitation in rho Terms "labor, nwensls or equipment" Lha[ part
<br />of water, sat. power, light, hest, oil. gasoline. Telephone service
<br />or renal equipment used in the Construction Conincs, arehitee-
<br />tunl and engine Crlt.gservices required for performance of the
<br />work of The Contnceor and the Contractor's subcalunc[an. and
<br />Ill other items for which a.mecharue's lien may be asserted in
<br />the jurisdiction where the labor, matcnals or equipment were
<br />furnished.
<br />15.2. Construction Contract. The agreement between the Owner and
<br />the Contractor identified on the signature, paae, including all
<br />Contract 00cumencs and chantcs thereto.
<br />15A, Owner Default: Failure of the Owner, which has neither been
<br />remedied nor waived, to pay the Contractor as required by the
<br />Construction Contract or to perform and complete or comply
<br />with the other terms therrof.
<br />A rn.y`COPY
<br />CERTACATION ON LAST PAGE
<br />JA BAR'fDN, CLERK
<br />(FOR INFOR41ATiON O'llLY--Narne, ,address and Telephone)
<br />AGE:dT or BROKER:- OW -NEWS REPRESENTATIVE (,architect, Engineer or other party):
<br />BROWN & BROWN. INC.
<br />P.O. BOX 1229
<br />TAMPA, FL 33601-1229
<br />81317.26-1371
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