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<br />LABOR AND MATERIAL PAYMENT BOND
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<br />NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all
<br />claimants as hereinafter defined. for all labor and material used or reasonably required for use in the performance of the Contract,
<br />then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the following conditions
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<br />rrtM ~1O HERE8V.3 AMENOfO 'SO THAT nut PROVl~ A~harles D. Nielson, Attorney-in-Fact and Florida Resident Agent
<br />UhtlTA nONS OF SECTION 25$.08 OR aECllOH 7t a.a
<br />1t1.ORfOll STATUTESL WHICHEVER IS APPUOABlE. AM
<br />mcoAPORATfZD HEliEIN BY REFERENC!.
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<br />1, Claimant is defined as one having a direct contract
<br />with the Principal or with a Subcontractor of the Principal for
<br />labor, material, or both, used or reasonably required for use
<br />in the performance of the Contract, labor and material being
<br />construed to include that part of water, gas, power, light,
<br />heat, oil, gasoline, telephone service or rental of equipment
<br />directly applicable to the Contract.
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<br />2. The above named Principal and Surety hereby jointly
<br />and severally agree with the Owner that every claimant as
<br />herein defined, who has not been paid in full before the
<br />expiration of a period of ninety (90) days after the date on
<br />which the last of such claimant's work or labor was done or
<br />performed, or materials were furnished by such claimant,
<br />may sue on this bond for the use of such claimant,
<br />prosecute the suit to final judgment for such sum or sums
<br />as may be justly due claimant, and have execution thereon,
<br />The Owner shall not be liable for the payment of any costs
<br />or expenses of any such suit.
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<br />3 No suit or action shall be commenced hereunder by
<br />any claimant:
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<br />a) Unless claimant, other than one having a direct contract
<br />with the Principal, shall have given written notice to any two
<br />of the following the Principal, the Owner, or the Surety
<br />above named, within ninety (90) days after such claimant
<br />did or performed the last of the work or labor, or furnished
<br />the last of the materials for which said claim is made, stating
<br />with substantial
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<br />Signed and sealed this / J11-
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<br />day of ;4 us:'
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<br />accuracy the amount claimed and the name of the party to
<br />whom the materials were furnished, 0 for whom the work or
<br />labor was done or performed Such notice shall be served
<br />by mailing the same by registered mail or certified mail,
<br />postage prepaid, in an envelope addressed to the Principal,
<br />Owner or Surety, at any place where an office is regularly
<br />maintained for the transaction of business, or served in any
<br />manner in which legal process may be served in the state in
<br />which the aforesaid project is located, save that such
<br />service need not be made by a public officer.
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<br />b) After the expiration of one (1) year following the date on
<br />which Principal ceased work on said Contract, it being
<br />understood, however, that if any limitation embodied in this
<br />bond is prohibited by any law controlling the construction
<br />hereof such limitation shall be deemed to be amended so
<br />as to be equal to the minimum period of limitation permitted
<br />by such law,
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<br />c) Other than in a state court of competent jurisdiction in
<br />and for the county or other political subdivision of the state
<br />in which the project, or any part thereof, is situated, and not
<br />elsewhere,
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<br />4. The amount of this bond shall be reduced by and to the
<br />extent of any payment or payments made in good faith
<br />hereunder, inclusive of the payment by Surety of
<br />mechanic's liens which may be filed of record against said
<br />improvement, whether or not claim for the amount of such
<br />lien be presented under and against this bond,
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<br />2004.
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<br />an
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<br />AlA DOCUMENT A311 . PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND. AlA @
<br />FEBRUARY 1970 ED . THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NY AVE, NW, WASHINGTON, DC 20006 4
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