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<br />LABOR AND MATERIAL PAYMENT BOND
<br />
<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
<br />Contract, then this obligation shall be void, otherwise it shall remain in full force and elfect, subject, however, to the 10llowing
<br />conditions:
<br />
<br />1. A claimant is defined as one having a direct
<br />contract with the Principal or with a Subcontractor of the
<br />Principal for labor, material. or both, used or reasonably
<br />requIred for use in the performance of the Contract, labor
<br />and material being construed to include that part of water,
<br />gas, power, light, heat, oil, gasoline, telephone selVice or
<br />Urental of equipment directly applicable to the Contract.
<br />
<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 clalmant,
<br />may sue on this bond fOL ,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.
<br />
<br />3. No suit or action shall be commenced hereunder by
<br />any claimant:
<br />
<br />a) Unless claimant, other than one having a direct
<br />contract with the Principal, shall have given written notice to
<br />any two of the following: the Principal, the Owner, or the
<br />Surety above named, within ninety (90) days after such
<br />claimant did or performed the last of the work or labor, or
<br />furnished the last of the materIals for which said claim is
<br />made, staling with substantial accuracy the amount
<br />claimed
<br />
<br />Signed and sealed this
<br />
<br />2ND
<br />
<br />A'U )
<br />~ V'<~ ~,
<br />
<br />. (Nltness)
<br />
<br />~
<br />WITNESS:
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<br />('vVifn6$$)
<br />
<br />
<br />and the name of the party to whom the materials were
<br />furnished, or for whom the work or labor was done or
<br />performed. Such notice shall be selVed by mailing the
<br />same by registered mail or certifie<l mail, postage prepaid,
<br />In an envelope addressed to the Principal, Owner or Surety,
<br />at any place where an office is regularly mainlained for the
<br />transaction of business, or selVed in any manner In which
<br />legal process may be salVed in the state in which the
<br />aforesaid project is located, save that such seNics need not
<br />be made by a public officer.
<br />
<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 />bo.nd 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.
<br />
<br />e) Other than in 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, or in
<br />the United States District Court for the district In which the
<br />Project, or any part thereof, is situated, and not elsewhere.
<br />
<br />4. The amount of this bond shall be reduced by and
<br />to the extent of any payment or payments made in good
<br />faith hereunder, inclusive of the payment by Surety or
<br />mechanics' 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.
<br />
<br />day of
<br />
<br />NOVEMBER, 2010
<br />
<br />
<br />RS ,INe
<br />
<br />(Sean
<br />
<br />J HARTFORD FIRE (8::U
<br />
<br />
<br />1 BY~~-
<br />RAMON A RODRI~~
<br />
<br />Attorney-in-Facl
<br />
<br />& FLA RES
<br />AGENT
<br />
<br />AlA DOCUMENT A311 . PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BONO . AlA eEl
<br />FEBRUARY 1970 EO. . THE MIERICAN INSTIWTE OF ARCHITECTS, 1736 N.Y. AVE" N'w, WASHINGTON, D.C. 20006
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