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<br /> I The Contractor and the Surety, jointly and severally, sent a co
<br /> bind themselves, their heirs, executors , administrators, PY, claim
<br /> notice thereof, d the Owner,
<br /> stating
<br /> successors and assigns to the Owner to pay for labor, ng that a claim is being made under this
<br /> per- Bond and enclosing o copy of the previous writ-
<br /> materials and equipment furnished for use in the
<br /> e ten notice furnished to the Contractor.
<br /> formance of the Construction Contract, which is incorpo-
<br /> rated herein by reference. 5 If a notice required by Paragraph 4 is given by the
<br /> obligation shall be null Owner to the Contractor or to the Surety, that is suffi-
<br /> 2 With respect to the Owner, this obli
<br /> g cient compliance .
<br /> and void if the Contractor:
<br /> 6 When has
<br /> 2. 1 Promptly makes payment, directly or indirectly, Pa agaphh4 , tlaimant shall
<br /> Surety he Sure y satisfiedro the conditions of
<br /> for all sums due Claimants, and promptly and at the
<br /> Surety's expense take the following actions:
<br /> 2.2 Defends , indemnifies and holds harmless the 6.1 Send an answer to the Claimant, with a copy to
<br /> Owner from claims, demands , liens or suits by any the Owner, within 45 days after receipt of the claim,
<br /> person or entity whose claim , demand , lien or suit is stating the amounts that are undisputed and the ba-
<br /> for the payment for labor, materials or equipment sis for challenging any amounts that are disputed.
<br /> furnished for use in the perforrr,ance of the Con-
<br /> struction Contact, provided the Owner has promptly 6.2 Pay or arrange for payment of any undisputed
<br /> notified the Contractor and the Surety (at the ad- amounts.
<br /> dress described ir. Paragraph 12) of any claims , 7 The Surety's total obligation shall not exceed
<br /> the
<br /> demands , liens or suits and tendered defense of amount of this Bond , and the amount of this Bond shall
<br /> such claims, demands , liens or suits to the Contrac- be credited for an
<br /> for and the Surety , and provided there is no Owner Y Payments made in good faith by the
<br /> Default. Surety.
<br /> 8 Amounts owed by e
<br /> under
<br /> 3 With respect to Claimants, this obligation shall be null he Construction C ntr ctOshall rbe used or theto thetor perform-
<br /> and void if the Contractor promptly makes payment, di- ance of the Construction Contract and to satisfy claims,
<br /> rectly or indirectly , for all sums due . if any, under any Construction Performance Bond. By
<br /> 4 The Surety shall have no obligation to Claimants under he Contactor furnishing and the Owner accepting this
<br /> this Bond until : Bond, they agree that all funds earned by the Contractor
<br /> in the performance of the Construction Contact are
<br /> 4.1 Claimants who are employed by or have a direct dedicated to satisfy obligations of the Contactor and the
<br /> contact with the Contractor have given notice to the Surety under this Bond, subject to the Owner's priority to
<br /> Surety (at the address described in Paragraph 12) use the funds for the completion of the work.
<br /> and sent a copy, or notice thereof, to the Owner,
<br /> stating that a claim is being made under this Bond 9 The Surety shall not be liable to the Owner, Claimants
<br /> and , with substantial accuracy , the amount of the or others for obligations of the Contractor that are unre-
<br /> claim . lated to the Construction Contract. The Owner shall not
<br /> be liable of anyor expses of any
<br /> 4.2 Claimants who do not have a direct contract with Claimant forunderh sntBond , andsshall have under this
<br /> the Contractor: Bond no obligations to make payments to, give notices
<br /> . 1 Have furnished written notice to the Contrac- on behalf of, or otherwise have obligations to Claimants
<br /> for and sent a copy, or notice thereof, to the under this Bond.
<br /> Owner, within 90 days after having last per- 10 The Surety hereby waives notice of any change, in-
<br /> formed labor or last furnished materials or cluding changes of time, to the Construction Contract or
<br /> equipment included in the claim stating , with to related subcontracts , purchase orders and other obli-
<br /> substantial accuracy, the amrunt of the claim gations.
<br /> and the name of the party to whom the materials
<br /> were furnished or supplied or for whom the labor 11 No suit or action shall be commenced by a Claimant
<br /> was done or performed , and under this Bond other than in a court of competent juris-
<br /> diction in the location in which the work or part of the
<br /> .2 Have either received a rejection in whole or in work is located or after the expiration of one year from
<br /> part from the Contractor, or nol received within the date ( 1 ) on which the Claimant gave the notice re-
<br /> 30 days of furnishing the above notice any quired by Subparagraph 4 . 1 or Clause 4 . 2. 3, or (2)
<br /> communication from the Contractor by which the
<br /> Contractor has indicated the claim will be paid on which the last labor or service was performed by
<br /> directly or indirectly ; and anyone or the last materials or equipment were fur-
<br /> nished by anyone under the Construction Contract,
<br /> .3 not having been paid within the above 30 whichever of ( 1 ) or (2) first occurs . If the provisions
<br /> of
<br /> days , have sent a written notice to the Surety (at this Paragraph are void or prohibited by law, the mini-
<br /> the address described in Paragraph 12) and
<br /> Printed in cooperation with the American Institute of Architects (AIA) by the Old Dominion Insurance Company. The language in this
<br /> document conforms exactly to the language used in AIA Document A312, December 1984 edition , third printing , March, 1987.
<br /> 68-5301 (7/96) Page 5 of 6
<br /> A TRUE COPY
<br /> CERTIFICATION ON LAST PAGE
<br /> J . K . BARTON , CLERK
<br />
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