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<br />II. Tht: CU'lulIt.'tor. and the Surety, jOintly and :s.....l'rally. bind
<br />themselves. their heirs, executors. administrators. successors and
<br />assigns to the OWner for the performance 'of the Construction contract,
<br />which If: lncomoratad herein by refuorenCe.
<br />I 2. With respect to the Owner. this obligation shall be null and void If the
<br />Contractor:
<br />2.1. Promptly makes payment, dlractly or indirectly, for all sums due
<br />Claimants, and
<br />2.2. Defends, indemnifies and holds harmless the Owner from all
<br />claims, demands. llens or suits by any person or entity who
<br />fUtni!lhed 12bot. m;ltgriall: or equipment for use In the
<br />performance of the Construction Contract, provided the Owner
<br />has promptly notifiad the Contractor and tne Surety (at the
<br />address described In Paragraph 12) of any claims, demands,
<br />liens or suits and tendered defense ot sucn claims, demand..,
<br />rlens or suits to ll1e Contractor and the Surety, and provided
<br />them is no Owner Default
<br />3. with tGllpoct to CI=lirnQnw. U11~ obllg;ltion ~h:all be null :>nrl void if the
<br />Contractor promptly makes payment. directly or indirectly. for all sums
<br />I due.
<br />4. The Surely shall have no obligation to Claimants under this Bond
<br />until:
<br />4.1.
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<br />Claimants who are employed by or have a direct contract with
<br />the Contmctor have given notIce to ths Surety (at the address
<br />dcoortbcd In Paragr"ph 12) ~nd Bont 41 copy, or notf~ Ih",""nf,
<br />to tha Owner, ~tating that a claim is being made under this
<br />Bond and, with liubstantial accuracy, thl! amount of the claim.
<br />4.2. Claimants who do not have a direct contract with the
<br />Contractor.
<br />1. Havs fumished written notice to the Contractor and sent a
<br />copy, or no\k;e thereof. to the OWner. within 90 days after
<br />having labt performed lelbor or 1I:'\3t fumlohod m:JtBri31~ or
<br />equipment included in the. claim stating, with substantial
<br />accuracy. the amount of the claim and the nama of the
<br />l1artv to whom thll'm-aterials''Nerl! fumished-'Or supplied or
<br />for whom the labor was done or performed: and
<br />2. Have either received a rejection in whole or In p:ut from
<br />the Contractor. or not received wlthin 30 days of fumlshing
<br />the abov.. notice any c:ommur'tication from the Contmdot
<br />by whIch the Contractor has indicated the claim will be
<br />paid directly or indirectly: and
<br />3, Not having been paid within the above 30 days, have sent
<br />a written notlcs to the Surety (at the address described in
<br />paragraph 12) and sent a copy, or notice thereof, to the
<br />OWner, stating that a claim is being made unc:ktr this Bond
<br />ancl endalj!ng .. t:opy or the previous written notloo
<br />fumished to the Contractor.
<br />I 5. If a notice required by Paragraph 4 Is given by the Owner to the
<br />Contr2ctDr or to fh'll Sllmty. th$lt is sufficient compliance. '
<br />6. When the Claimant has satisfied the conditions of Paragraph 4. the
<br />Surety shall promptly and at the Surety's expense take ths following
<br />actlorls:
<br />6.1.
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<br />Sand an answer to me claiman!, Wit" a copy to the OWntlr,
<br />within 45 days after receipt of the claim. statJng the amounts
<br />that are undisputed and the basis for challenging any amounts
<br />th:lt 31'9 digputod.
<br />6.2. Payor arrange for payment of any urldlsputed amounts.
<br />I 7. The Suraty's total obligation shall not exceed the amount of this
<br />Bond, and the amount of this Bond shall be credited for any payments
<br />made in gOOd faith by ttl8 Surety. '
<br />8. Amounts owned by the Owner to ths Contractor under the
<br />I Construction Contract shall be used 'for the performance of the
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<br />Cono"'''''," C'"t"'~ 0'" " .otlo~ """'0, , 0"'" J" "".
<br />ConstructIOn Performancs Bond. By the Contractor fumlShing~and the
<br />Owner accepting this Bond, they agree that all funds earne by the
<br />Contractor in the performance of the Construction Contract are d dicated
<br />to satisfy Obligations of ltle Contractor anO tne :surety under ltl s Bono,
<br />subject to tile Owner's priOrity to use the funds for the completi n of thll
<br />work.
<br />Q. Th.. Surety ~hall not be liable to th~ Own~r. Cl:1lm:mt!< or" IcOn< for
<br />obligations of the Contractor that are unmlatBd to the Con truction
<br />Contract. The OWner shall not be liable for payment of any sts or
<br />expenses of any Claimant under th~ Sond, and shall have u der this
<br />Bond no obligations to make payments to, give notices on beh If Of, or
<br />otherwise have obligations to Claimants under th~ Bond.
<br />10. The SUllIly hereby waives notice of any change, includIng hanges
<br />of time, to the Conlltruction Contract or to relate 3ubcontmot::, urchao9
<br />orden:; and other obligatJons.
<br />11. No suit or action shall be commenced by a Claimant urlder is Bond
<br />other ll1an in a court of competent iurisdiction in the location In ich the
<br />work or part of the work Is located or after the expiration of one ear from
<br />the date (1) on which the Claimant gav~ the notice req Ired by
<br />Subparagraph 4.1 or Clause 4.2 (in). or (2) on whlcl1 the las labor or
<br />servi= was performed by anyon.. or tho last material$ or "quip cnt were
<br />furnished by anyone under the construction Contract. whlchev of (1) or
<br />(2) first occurs. If the provisions of thfs Paragraph are void or rohibited
<br />by law. the minimum pertod of limitation available to suret es as a
<br />dBfensEl in the Jurisdiction of the suit shan be acceptable.
<br />12. Notice to the Surety, the Owner or the Contractor shall be
<br />delivered to the addmss shown on the signature page. Actual
<br />notlca by Surety, the Own", or the Contral;tor, however '/ICc;o
<br />shall be ~ufficlent compliance as of the date received at th
<br />stlown on the signature page.
<br />13. When thi~ Bond ha<; ""'",n fllmi!<h~ 10 comoly with a st
<br />other legal raquirement in the location where the construction
<br />perfonned, any provision in thIs Bond conflictJng with said st utory or
<br />legBI requlremel1t" s~1I t)e daem~ d~lrrted' Ifllr~fr6M':1rnf fQITJ~~~
<br />con1onntng to sucn statutory or ather legql ruquirement shall b deemed
<br />incorporated herein. The intent is. that this Bond shall be cons ad as a
<br />statutory bond and not as a common law bond.
<br />14. Upon mque!lt by any pOJr"",n or E!ntlty appearina to be
<br />benefICIary of this Bond, the Contractor shall promptly fumish
<br />tllis Bond or shall permit a copy to be made.
<br />15. DEFINITIONS
<br />15.1. ClaImant An individual or entity navlng a lllract co tract with
<br />the Contractor or with a subcontractor of the Co ractor to
<br />furnish labor. materials or equipment for use in the
<br />pcrformoMCe of th9 Contrgct. The intent "f thi~ Rnntl !<h$lll be
<br />to include without limitation in the terms "labor. materials or
<br />equlpmant" that part of watsr. gas, p0W8r, nght, Iheat. oil,
<br />gasoline. ,telephone service or rental equipment u~ in the
<br />Construction Contract. architectural ana engineering servfces
<br />required for performance of the work of the Contract )r and the
<br />Contractor's stJbcontracto~, and all other items fo which a
<br />m~anl"':s lien m~y be B":lcrtcd in thCl juriadietion IIIh"rv the
<br />labor. materials or equipment W!!m furnished.
<br />15.2..Conslruction Contract: The agreement between t e Owner
<br />and the Contractor identltled on the signature page includIng
<br />all Contract Documents and changes thereto.
<br />15.3.Owner Default: Fa~ure of the' OWner. which has ne ther been
<br />remedied nor waived. 10 pay the Contractor as requf 00 by the
<br />Com.truclion Contmet or to porform and completg r comply
<br />with the othsr terms thereof.
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<br />I (FOR INFORMATION ONLY-Name, Address and Telephone) I
<br />AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or othe~ party):
<br />Brown & Brown of Florida,Inc.
<br />I 8000 Governors Sq. Blvd., SteM 400
<br />MiamiLakes, FL 33016
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<br />I 04/08 Final Version
<br />EICDC No. 191D-28B (1984 EditIOn)
<br />I Prepared through the joint efforts of the Surety Association of America, Engim:ers' Joint Contract Documents Committee, The Associated
<br />G6Ileral Contractors of America, American Institute of Architects, American Subcontractors Association. and the ASsociated Specialty
<br />ConmcWrs. '
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<br />00600-2
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