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<br /> EXECUTED IN COUNTERPARTS
<br /> BOND NO. SSB370224
<br /> 1 . The Contractor and the Surety, jointly and severally, bind themselves, and to satisfy claims, if any, under any Construction Performance
<br /> Bond.
<br /> their heirs, executors, administrators, successors and assigns to the Owner By the Contractor furnishing and the Owner accepting this Bond, they
<br /> to pay for labor, materials and equipment furnished for use in the perfor- agree that all funds earned by the Contractor in the performance
<br />of the
<br /> mance of the Construction Contract, which is incorporated herein by reference. Construction Contract arc dedicated to satisfy obligations of
<br />the Con-
<br /> 2. With respect to the Owner, this obligation shall be null and void if the tractor and the Surety under this Bond, subject to
<br />the Owner's priority
<br /> Contractor: to use the funds for the completion of the work.
<br /> 2. 1 . Promptly makes payment, directly or indirectly, for all sums due 9. The Surety shall not be liable to the Owner, Claimants or others
<br /> for
<br /> Claimants, and obligations of the Contractor that are unrelated to the Construction Con-
<br /> 2.2. Defends, indemnifies and holds harmless the Owner from claims, tract. The Owner shall not be liable for payment of any costs or expenses
<br /> demands, liens or suits by any person or entity who furnished of any Claimant under this Bond, and shall have under this bond no
<br /> labor, materials or equipment for use in the performance of the obligations to make payments to, give notices on behalf of, or otherwise
<br /> Construction Contract, provided the Owner has promptly notified have obligations to Claimants under this Bond.
<br /> the Contractor and the Surety (at the address described in Pars- 10. The Surety hereby waives notice of any change, including
<br /> changes of
<br /> graph 12) of any claims, demands, liens or suits and tendered time, to the Construction Contract or to related subcontracts, purchase
<br /> defense of such claims, demands, liens or suits to the Contractor orders and other obligations.
<br /> and the Surety, and provided there is no Owner Default. 11 . No suit or action shall be commenced by a Claimant under this Bond
<br /> 3. With respect to Claimants, this obligation shall be null and void if the other than in a court of competent jurisdiction in
<br /> the location in which the
<br /> • Contractor promptly makes payment, directly or indirectly, for all sums work or part of the work is located of after the expiration of one
<br /> year from
<br /> due. the date (1 ) on which the Claimant gave the notice required by Subparagraph
<br /> 4. The Surety shall have no obligation to Claimants under this Bond until: 4. 1 or Clause 4.2 (iii), or (2) on which the last labor or
<br /> service was
<br /> 4. 1 . Claimants who are employed by or have a direct contract with performed by anyone or the last materials or equipment were famished by
<br /> the Contractor have given notice to the surety (at the address anyone under the Construction Contract, whichever of (1 )
<br /> described in Paragraph 12) and sent a copy, or notice thereof, to or (2) first occurs. If the provisions of this Paragraph are void or
<br />prohibited
<br /> the Owner, staling that a claim is being made under this Bond by law, the minimum period of limitation available to sureties as a
<br />defense
<br /> and, with substantial accuracy, the amount of the claim. in the jurisdiction of the suit shall be applicable.
<br /> 4.2. Claimants who do not have a direct contract with the Contractor: 12. Notice to the Surety, the Owner or the Contractor shall be
<br />mailed or
<br /> 1 . Have fumished written notice to the Contractor and sent a delivered to the address shown on the signature page. Actual receipt of
<br /> notice by Surety, the Owner or the Contractor, however accomplished, shall
<br /> copy, or notice thereof, to the Owner, within 90 days atter be sufficient compliance as of the date received at the address shown on
<br /> having last performed labor or last fumished materials or equip- the signature page.
<br /> mens included in the claim stating, with substantial accuracy, 13. When this Bond has been furnished to comply with a statutory or other
<br /> the amount of the claim and the name of the party to whom legal requirement in the location where the construction was to be
<br /> the materials were fumished or supplied or for whom the labor performed, any provision in the Bond conflicting with said statutory
<br /> or
<br /> was done or performed: and legal requirement shall be deemed deleted herefrom and provisions con-
<br /> t. Have either received a rejection in whole or in part from the forming to such statutory or other legal requirement shall be deemed
<br /> Contractor, or not received within 30 days of furnishing the incorporated herein. The intent is, that this Bond shall be construed as a
<br /> above notice any communication from the Contractor by which statutory bond and not as a common law bond.
<br /> the Contractor has indicated the claim will be paid directly or 14. Upon request by any person or entity appearing to be a potential
<br /> -
<br /> indirectly; and beneficiary of this Bond, the Contractor shall promptly fumish a copy of
<br /> 3. Not having been paid within the above 30 days, have sent a this Bond or shall permit a copy to be made.
<br /> written notice to the Surety (at the address described in Para- 15. DEFINITIONS
<br /> graph 12) and sent a copy, or notice thereof, to the Owner, 15. 1 . Claimant: An individual or entity having a direct contract with
<br /> stating that a claim is being made under this Bond and enclosing the Contractor or with a subcontractor of the Contractor to
<br /> a copy of the previous written notice fumished to the Con- fumish labor, materials or equipment for use in the performance
<br /> tractor. of the Contract.The intent of this Bond shall be to include without
<br /> 5. If a notice required by Paragraph 4 is given by the Owner to the limitation in the terms "labor, materials or equipmene'
<br /> that part O
<br /> Contractor or to the Surety, that is sufficient compliance. of water, gas, power, light, heat, oil, gasoline, telephone smite
<br /> 6. When the Claimant has satisfied the conditions of Paragraph 4, the or rental equipment used in the Construction Contract, architec-
<br /> Surety shall promptly and at the Surety's expense take the following total and engineering services required for performance of the f.J7
<br /> actions: work of the Contractor and the Contractor's subcontractors, and
<br /> 6. 1 . Send an answer to the claimant, with a copy to the Owner, within all other items for which a mechanic's lien may be asserted
<br /> in
<br /> 45 days after receipt of the claim, stating the amounts that are the jurisdiction where the labor, materials or equipment were
<br /> undisputed and that basis for challenging any amounts that are fumished. G7
<br /> disputed. 15.2. Construction Contract: The agreement between the Owner and
<br /> 6.2. Pay or arrange for payment of any undisputed amounts. the Contractor identified on the signature page, including all W
<br /> 7. The Surety's total obligation shall not exceed the amount of this Bond, Contract Documents and changes thereto.
<br /> 15.3. Owner Default: failure of the Owner, which has neither been O
<br /> and the amount of this Bond shall be credited for any payments made in p
<br /> good faith by the Surety. remedied nor waived, to pay the Contractor as required by the
<br /> 8. Amounts owed by the Owner to the Contractor under the Construction Construction Contract or to perform and complete or comply
<br /> Contract shall be used for the performance of the Construction Contract with the other terms thereof.
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<br /> (FOR INFORMATION ONLY — Name, Address and Telephone)
<br /> AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or other party):
<br /> Guignard Company
<br /> 1904 Boothe circle A TRUE COPY
<br /> Longwood, FL 32750 CERTIFICATION ON LAST PAGE
<br /> JX(407) 834-0022 BARTON , CLERK
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