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LABOR AND MATERIAL PAYMENT BOND BOND 16308832
<br /> NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all claimants as
<br /> hereinafter
<br /> defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void;
<br /> otherwise it shall
<br /> remain in full force and effect, subject, however, to the following conditions:
<br /> 1 . A claimant is defined as one having a direct contract with the were furnished, or for whom the work or
<br />labor was done or performed.
<br /> Principal or with a Subcontractor of the Principal for labor, material, or Such notice shall be served by mailing the
<br /> same by registered mail or
<br /> both, used or reasonably required for use in the performance of the certified mail, postage prepaid, in an envelope
<br /> addressed to the Principal,
<br /> Contract, labor and material being construed to include that part of water, Owner or Surety, at any place where an office is regularly
<br /> maintained for
<br /> gas, power, light, heat, oil, gasoline, telephone service or rental of the transaction of business, or served in
<br /> any manner in which legal process
<br /> equipment directly applicable to the Contract. may be served in the state in which the aforesaid project is located, save
<br /> 2 . The above named Principal and Surety hereby jointly and that such service need not be made by a public officer.
<br /> severally agree with the Owner that every claimant as herein defined, who a
<br /> has not been paid in full before the expiration of a period of ninety (90) b) After the expiration of one ( 1 ) year following the date
<br /> on which Principal
<br /> days after the date on which the last of such claimant's work or labor was ceased Work on said Contract, it being understood,
<br /> however, that if any
<br /> done or performed, or materials were furnished by such claimant, may sue limitation embodied in this bond is prohibited by any law
<br />controlling the
<br /> on this bond for the use of such claimant, prosecute the suit to final construction hereof such limitation shall be deemed
<br /> to be amended so as to
<br /> judgment for such sum or suns as may be justly due claimant, and have be equal to the minimum period of limitation permitted by such
<br />law.
<br /> execution thereon. The Owner shall not be liable for the payment of any
<br /> costs or expenses of any such suit. c) Other than in a state court of competent jurisdiction in and for the county
<br /> or other political subdivision of the state in which the Project, or any part
<br /> 3 . No suit or action shall be commenced hereunder by any claimant: thereof, is situated, or in the United States District Court
<br /> for the district in
<br /> which the Project, or any part thereof, is situated, and not elsewhere.
<br /> a) Unless claimant, other than one having a direct contract with the
<br /> Principal, shall have given written notice to any two of the following: the
<br /> Principal, the Owner, or the Surety above named, within ninety (90) days 4. The amount of this bond shall be reduced by and to the
<br /> extent of
<br /> after such claimant did or performed the last of the work or labor, or any payment or payments made in good faith hereunder,
<br /> inclusive of the
<br /> payment by Surety of mechanics' liens which may be filed of record against
<br /> furnished the last of the materials for which said claim is made, stating said improvement, whether or not claim for
<br /> the amount of such lien be
<br /> with substantial accuracy the amount claimed and the name of the party to
<br /> whom the materials presented under and against this bond.
<br /> Signed and sealed this 4TH day of NOVEMBER 2004
<br /> JOHNSON CONTROLS , INC . (Seal)
<br /> (Witness) ( (Principal)
<br /> SUSAN TRIBBLE ; ATTORNEY- IN- FACT (Title)
<br /> SAFEC_O_ INSURANCE COMPANY OF AMERICA (Seal)
<br /> (Witness) ( Surety)
<br /> OF
<br /> 0/�
<br /> TRACY K. HEWS ; ATTORNEY- IN- FACT (Title)
<br /> S-1220/SAEF 2/98 Page 2 of 2
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