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I. rhe Contractor and the Sllfety lotntl,, and sever.01%.hind Ihcrosclscs and to,sold,, Jmni,. it .oily unlet .inv (on,uu�uon Vctlmnamit ,: It„list
<br /> their heirs.executot,.adnunt,tr.tor, stic ces,orsanJ,tsstgnsIollit:Ownet llv the Contractor fmnt,hing .mil tic Ocamel tht, lioml thy.
<br /> to pay for labor. m.tcrial,and equipment futnnhed fill u,c to the perior- .gree that all funds camel hs the I.onu.tktot tt the perlotm.unc of 16t
<br /> mance of the Con,rrucuon Contact which i, mcut pot.tted hrtctn h% Ctln,ttuc Lion Contt.tct :tic dctht -llcl 11, s.tt,ly obllg.tw.n, of the ( un
<br /> relcrence flactot and the Surci% undo Iht, Bond ,tihiccl to the I)„nci , ptnnrt,
<br /> '. With re,pccl to the O%%ner. this obligation shall he null.ind sold it the to u,c the land,for the Lontpletton of the wotl. I
<br /> Contractor. tl the Surd% shall not he hable Ito the Owner. (l.mn.tnl,of oihct, I,a
<br /> '.I. Promptly make,payment.directly or indirectly.for all sum,Jur obltg.tutn,of the Contractor that sire timel.tted tit the Cort,ttuclton( un-
<br /> Claimants.and U.tct.1 he(Amit shall not he liable tut p.tvmcnt til any ut,t,of capen,c,
<br /> '.' Dcfcnds,indemnifies and hold,harmlr„the 0%sner front all claim,. til :tn� C•Lunt.tnt under this liond. and shall halve under this Ilonl n,.
<br /> demand,. hens or suits by am person or entity who lutnr,hed obligmion,Io make rat nient,it).give nouccs on hch.lfol.tie othctwr,c
<br /> labor. material, or equipment for use to the pctfotmance of the have ohltgatrons Ito Claimant, under tht, lion)
<br /> Construction Contract.pru,tded the Oµner has promptly notified 10. The Surety herehs w;nvcs notice of any change.including changes of
<br /> the Contractor and the Surety lit the address described to Para- time. to the Ctinstructron Contract or Ili (elated sutxunttacls. purch.tsc
<br /> graph 12) of any claims. demand. liens or suit, and tendered orders and other ohltg.tliuns
<br /> defense of such claims.demands. hens or suits to the Contractor 11. Nu suit or action,hall he commenced by a Claimant under this Bund
<br /> and the Surety.and provided there is no Owner Default. other than in a court of competent jurisdiction to the location to which the
<br /> 3. With respect to Claimants.this obligation shall be null and void if the work or part of the work is located or after the expiration of tine year
<br /> Contractor promptly makes payment.directly or indirectly.for all sums from the date (1) on which the Claimant gave the notice required by
<br /> due. Subparagraph 4.1 or Clause 4.2 (iii). or ('_) on which the last labor or
<br /> 4. The Surety shall have no obligation to Claimants under this Bund until service was performed by anyone or the last materials or equipment were
<br /> 4.1. Claimants who are employed by or have a direct contract with furnished by anyone under the Construction Contract, whichever of I I)
<br /> the Contractor have given notice to the Surety (at the address or(2)first occurs.If the provisions of this Paragraph are void or prohibited
<br /> described in Paragraph 12)and sent a copy.or notice thereof.to by law,the minimum period of hmiumon available to sureties as a dclensc
<br /> the Owner, stating that a claim is being made under this Bund in the jurisdiction of the suit .hall he applicable.
<br /> and.with substantial accuracy,the amount of the claim. 12. Notice to the Suretv.the Owner or the Contractor shall he mailed or
<br /> 4.2. Claimants who do not have a direct contract with the Contractor: delivered to the address shown on the signature page. Actual receipt of
<br /> 1. Have furnished written notice to the Contractor and sent a notice by Surety. the Owner or the Contractor. however accomplished.
<br /> copy. or notice thereof. to the Owner, within 90 days after shall be sufficient compliance as of the date received at the address shown
<br /> having last performed laboror last furnished materials urequip- on the signature page.
<br /> ment included in the claim stating,with substantial accuracy. 13. When this Bund has been furnished to comply with a statutory or
<br /> the amount of the claim and the name of the parry to whom other legal requirement to the location where the cun,trucuun was to he
<br /> the materials were furnished or supplied or for w ham the labor
<br /> performed.any provision in this Bond conflicting with s:tiJ statutory or
<br /> was done or performed:and
<br /> 2. Have either received a rejection in whole or in part from the legal requirement shall be deemed deleted herefrom and proviaiuns con-
<br /> Contractor. or not received within 30 days of furnishing the forming to such statutory or other legal requirement ,hall be deemed
<br /> above notice any communication from the Contractor by which incorporated herein.The intent is.that this Bund,hall be construed a,a
<br /> the Contractor has indicated the claim will be paid directly or statutory bond and not as a common law bund.
<br /> indirectly:and 14. Upon request by any person or entity appearing to be a potential tom•
<br /> 3. Not haying been paid within the above 30 days. have sent a beneficiary of this Bond.the Contractor shall promptly furnish a copy of
<br /> wntten notice to the Surety(at the address described in Para- this Bund or shall permit a copy to be made.
<br /> graph 12) and sent a copy. or notice thereof. to the Owner. 15. DEFINITIONS
<br /> stating that a claim is being made under this Bond and enclosing 15.1. Claimant: An individual or entity having a direct contract with
<br /> a copy of the previous written notice furnished to the Con- the Contractor or with a subcontractor of the Contractor to
<br /> tractor. furnish labor.materials or equipment for use in the performance
<br /> If a notice required by Paragraph 4 is given by the Owner to the of the Contract.The intent of this Bond shall be to include without
<br /> :ontractor or to the Surety.that is sufficient compliance. limitation in the terms"labor.materials or equipment”that pan
<br /> t. When the Claimant has satisfied the conditions of Paragraph 4. the of water,gas.power,light.heat.oil,gasoline.telephone service
<br /> ;urety shall promptly and at the Surety's expense take the following or rental equipment used in the Construction Contract.architec-
<br /> ,ctions: tural and engineering services required for performance of the
<br /> work of the Contractor and the Contractor's subcontractor,.and
<br /> 6.1.'45 d an answer to the f the la with a copy he the Owner.within all other items for which a mechanic's lien may be assened 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 the basis for challenging any amounts that are furnished.
<br /> disputed. 15.2. Construction Contract: The agreement between the Owner and
<br /> 6._7. Pay or arrange for payment of any undisputed amounts. the Contractor identified on the signature page. including all
<br /> The Suretv's total obligation shall not exceed the amount of this Bond. Contract Documents and changes thereto.
<br /> nd the amount of this Bond shall be credited for any payments made in 15.3. Owner Default: Failure of the Owner, which has neither been
<br /> ood faith by the Surety. remedied nor waived. to pay the Contractor as required by the
<br /> Amounts owed by the Owner to the Contractor under the Construction Construction Contract or to perform and complete or comply
<br /> ontract shall be used for the performance of the Construction Contract with the other terms thereof.
<br /> l •
<br /> (FOR INFORMATION ONLY—Name. Address and Telephone)
<br /> AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or other party):
<br />
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