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' LABOR AND MATERIAL PAYMENT BOND
<br /> NOW , THEREFORE , THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all
<br /> ' claimants as hereinafter defined , for all labor and material used or reasonably required for use in the performance of the
<br /> Contract, then this obligation shall be void ; otherwise it shall remain in full force and effect, subject , however, to the fol-
<br /> lowing conditions :
<br /> ' 1 . A claimant is defined as one having a direct con- accuracy the amount claimed and the name of
<br /> the party
<br /> tract with the Principal or with a Subcontractor of the to whom the materials were furnished
<br />, or for whom
<br /> Principal for labor, material , or both , used or reasonably the work or labor was done or performed . Such
<br />notice
<br /> required for use in the performance of the Contract, shall be served by mailing the same by registered
<br /> mail or
<br /> ' labor and material being construed to include that part of certified mail , postage prepaid , in an envelope ad-
<br /> water, gas , power, light, heat, oil gasoline , telephone dressed to the Principal , Owner or Surety
<br />, at any place
<br /> service or rental of equipment directly applicable to the where an office is regularly maintained for
<br /> the trans-
<br /> Contract. action of business , or served in any manner in which
<br /> ' legal process may be served in the state in which the
<br /> 2 . The above named Principal and Surety hereby aforesaid project is located , save that such service need
<br /> jointly and severally agree with the Owner that every not be made by a public officer.
<br /> claimant as herein defined , who has not been paid in
<br /> full before the expiration of a period of ninety (90) b) After the expiration of one ( 1 ) year following
<br /> the
<br /> days after the date on which the last of such claimant's date on which Principal ceased Work on said
<br /> Contract,
<br /> work or labor was done or performed , or materials were it being understood , however, that if any limitation
<br /> em-
<br /> furnished by such claimant, may sue on this bond for bodied in this bond is prohibited by any
<br /> law controlling
<br /> the use of such claimant, prosecute the suit to final the construction hereof such limitation shall
<br /> be deemed
<br /> ' judgment for such sum or sums as may be justly due to be amended so as to be equal to the
<br /> minimum period
<br /> claimant, and have execution thereon . The Owner shall of limitation permitted by such law.
<br /> not be liable for the payment of any costs or expenses
<br /> of any such suit. c) Other than in a state court of competent jurisdiction
<br /> in and for the county or other political subdivision of
<br /> the state in which the Project, or any part thereof, is
<br /> 3 . No suit or action shall be commenced hereunder by situated , or in the United States District Court
<br /> for the
<br /> any claimant: district in which the Project, or any part thereof, is sit-
<br /> uated , and not elsewhere .
<br /> ' a) Unless claimant, other than one having a direct
<br /> contract with the Principal , shall have given written 4 . The amount of this bond shall be reduced
<br /> by and to
<br /> notice to any two of the following : The Principal , the the extent of any payment or payments made
<br /> in good
<br /> Owner, or the surety above named , within ninety (90 ) faith hereunder, inclusive of the payment by
<br /> Surety of
<br /> days after such claimant did or performed the last of the mechanics' liens which may be filed of record
<br /> against
<br /> work or labor, or furnished the last of the materials for said improvement , whether or not claim for the
<br /> amount
<br /> which said claim is made , stating with substantial of such lien be presented under and against this bond .
<br /> THIS BOND HEREBY IS AMENDED SO THAT THE PROVISIONS FOR TIME , NOTICE AND OTHER
<br /> ' LIMITATIONS OF SECTION 255 . 05 OR SECTION 713 . 23 , FLORIDA STATUTES , WHICHEVER IS
<br /> APPLICABLE , ARE INCORPORATED HEREIN BY REFERENCE .
<br /> THE ATTACHED TERRORISM RIDER FORMS AND BECOMES A PART OF THIS BOND .
<br /> Signed and sealed this day of
<br /> Sitewerks, Inc . JOY
<br /> ' (Prin rib aI) (Seal)
<br /> J
<br /> ( itness)
<br /> Vic-lei Paas U> su�
<br /> (Title)
<br /> United Fire & Casualty Company
<br /> (Surety) VG
<br /> (Witness) CL
<br /> ' Leslie M . Donahue , (Title) Attorney in- act &! j `
<br /> Florida Licensed Resident Agent
<br /> Inquiries: (407) 78& 7770
<br /> ' AIA DOCUMENT A311 * PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND* * AIA ® 4
<br /> FEBRUARY 1970 ED. * THE AMERICAN INSTITUTE OF ARCHITECTS , 1735 N .Y. AVE. , N .W. , WASHINGTON, D .C. 20006
<br />
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