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• 18151 ACTIVE PARK APRIL 10,2005 , • I. The Contractor and the Surety,jointly and severally,bind themselves,their Contractor furnishing and the Owner accepting this Bond, they agree that all heirs, executors, administrators, successors and assigns to the Owner for the funds earned by the Contractor in the performance of the Construction Contract performance of the Construction Contract, which is incorporated herein by are dedicated to satisfy obligations of the Contractor and the Surety under this reference. Bond,subject to the Owner's priority to use the funds for the completion of tt 2. With respect to the Owner, this obligation shall be null and void if the work. Contractor 9. The Surety shall not be liable to the Owner, Claimants or others for 2.1. Promptly makes payment, directly or indirectly, for all sums due obligations of the Contractor that ate =related to the Construction Contract. • Claimants,and The Owner shall not be liable for payment of any costs or expenses of any 2.2. Defends,indenmifies and holds harmless the Owner from all claims, Claimant under this Bond,and shall have under this Bond no obligations to make demands,liens or suits by any person or entity who banished labor, payments to, give notices on behalf of, or otherwise have obligations to materials or equipment for use in the performance of the Construction Claimants under this Bond. Contract, provided the Owner has promptly notified the Contractor 10. The Surety hereby waives notice of any change,including changes of time, end the Surety (at the address described in Paragraph 12) of any to the Cems=etion Contract or to relate subcontracts,purchase orders and other claims,demands,liens or suits and tendered defense of such claims, obligations. demands,liens or suits to the Contractor and the Surety,and provided I I. No suit or action shall be commenced by a Claimant under this Bond other there is no Owner Default. than in a coat of competent jurisdiction in the location in which the work or part 3. With respect to Claimants, this obligation shall be null and void if the of the work is located or after the expiration of one year from the date(I)on • Contractor=molly makes payment,directly or indirectly,for all sums due. which the Claimant gave the notice required by Subparagraph 4.1 or Clause 4.2 4. The Surety shall have no obligation to Claimants under this Bond until: OM.or(2)on which the last labor or service was performed by anyone or the last 4.1. Claimants who are employed by or have a direct connect with the materials or equipment were furnished by anyone under the construction Contractor have given notice to the Surety(at the address described in Contract,whichever of(I)or(2)first occurs. If the provisions of this Paragraph Paragraph 12)and sent a copy,or notice thereof,to the Owner,stating are void or prohibited by law, the minimum period of limitation available to ' that a claim is being made under this Bond and, with substantial sureties as a defense in thejwisdktion of the suit shall be acceptable. accuracy,the amount of the claim. 12. Notice to the Surety, the Owner or the Contractor shall be mailed or 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 notice by I. Have furnished written notice to the Contractor and sent a copy, Surety,the Owner or the Contractor,however accomplished,shall be sufficient or notice thereof,to the Owner,within 90 days after having last compliance as of the date received at the address shown on the signature page. performed labor or last furnished materials or equipment 13. When this Bond has been furnished fished to comply with a statutory or other included in the claim stating, with substantial accuracy, the legal requirement in the location where the construction was to be performed, amount of the claim and the name of the party to whom the any provision in this Bond conflicting with said sunny or legal requirement materials wan furnished or supplied or for whom the labor was shall be deemed deleted herefrom and provisions conforming to such statutory or done or perfume: and other legal requirement shall be deemed incorporated herein. The intent is.that 2. Have either received a rejection in whole or in part from the this Bad shall be construed as a statutory baud and not as a common law bond. • Contractor, or not received within 30 days of furnishing the 14. Upon request by any person or entity appearing to be a potential ' above notice any communication from the Contractor by which beneficiary of this Bond, the Contractor shall promptly finish a copy of this the Contractor has indicated the claim will be paid directly or Bond or shall permit a copy to be made. indirectly: and 15. DEFINITIONS 3. Not having been paid within the above 30 days, have sent a 15.1.Claimant: An individual or entity having a duet contract with tl, written notice to the Surety (at the address described in Contractor or with a subcontractor of the Contractor to finish lab paragraph 12)and sent a copy,or notice thereof,to the Owner, materials or equipment for use in the performance of the Connec. stating that a claim is being made under this Bond and enclosing The intent of this Bond shall be to include without limitation in the a copy of the previous written notice furnished to the tens"labor,materials or equipment"that pan of water,gas,power. Contractor. light,heat,oil,gasoline,telephone service or rental equipment used in 5. If a notice required by Paragraph 4 is given by the Owner to the Contractor the Construction Contract, architectural and engineering services or to the Surety,that is sufficient compliance. required for performance of the work of the Contractor and the 6. When the Claimant has satisfied the conditions of Paragraph 4,the Surety Contractor's subcontractors, and all other items for which a shall promptly and at the Surety's expense take the following actions: mechanic's lien may be assented in the jurisdiction where the labor, 6.1. Send an answer to the Claimant,with a copy to the Owner,within 45 materials or equipment were furnished. days after receipt of the claim,stating the amounts that are undisputed 152.Conduction Contra= The agreement between the Owner and the and the basis for challenging any amounts that are disputed. Contractor identified on the signature page. including all Connect • 6.2. Pay or arrange for payment of any undisputed amounts. Documents and changes thereto. 7. The Surety's total obligation shall not exceed the amount of this Bond,and 15.3.Owner Default: Failure of the Owner, which has neither been the amount of this Bond shall be credited for any payments made in good faith remedied nor waived, to pay the Contractor as required by the by the Surety. Construction Contract or to perforin and complete or comply with the 8. Amounts owned by the Owner to the Contractor under the Construction other terms thereof. Contract shall be used for the pdormance of the Construction Contract and to satisfy claims, if any, under any Construction Performance Bond. By the I • (FOR INFORMATION ONLY—Name,Address and Telephone) I AGENT or BROKER: OWNER'S REPRESENTATIVE(Architect,Engineer or other party): • I 00600-2 ' EICDC No. 1910-28B(1984 Edition) Prepared through the joint efforts of the Surety Association of America.Engineers'Joint Contract Documents Committee,The Associated General Contractors of America,American Institute of Architects.American Subcontractors Association,and the Associated Specialty Contractors.