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<br />funds earned by the Contractor in the performance of the Construction Contract this
<br />jointly and severally, bind themselves, obligations of the Contractor and the Surety under
<br />1, The Contractor and the Surety, j Y
<br />rated herein by Bond, subject to the Owner's priority to use the funds for the completion of e
<br />their heirs, executors, administrators, successors and assigns to the Owner for are dedicated to satisfy g
<br />the performance of the Construction Contr act, which is incorporated work.
<br />reference. The Surety shall not be liable to the Owner, Claimants io others for
<br />obligations of the Contractor that are unrelated to the s ° o rNZpenses °of any
<br />2. With respect to the Owner, this obligation shall be null and void if the The Owner shall not tr liable for payment of any.
<br />Contractor:
<br />2.1. Promptly makes payment, directly or indirectly, for all sums due Claimant under this Bond, and shall have under this Bond no obligations o
<br />Claimants, and make payments to, give notices on behalf of, or otherwise have obligations to
<br />2.2. Defends, indemnifies and holds harmless the Owner from all claims, Claimants under this Bond. changes of
<br />demands, liens or suits by any person or entity who furnished labor, 10 The Surety hereby waives notice of any change, acts, ur hase orders
<br />materials or equipment for use in the performance of the
<br />morn tl notified time, to the Construction Contract or to relate subcontracts, p
<br />Construction Contract, provided the Owner has p P Y and other obligations.
<br />the Contractor and the Surety (at the address described in Paragraph 11. No suit or action shall be commenced by a Claimant nder this Bond
<br />12) of any claims, demands, liens or suits and tendered defense of other than in a court of competent jurisdiction in the location in which the work
<br />such claims, demands, liens or suits to the Contractor and the or part of the work is located or after the expiration of one year from the date
<br />Surety, and provided there . no Owner Default. 1 on which the Claimant gave the notice required by Subparagraph 4.1 or
<br />Clause 4.2 (iii), or (2) on which the last labor or service was performed by
<br />3. With respect to Claimants, sdirelcdy or indirectly, for all sums due t anyone or the last materials or equipment were furnished by anyone under the of
<br />Contractor promptly tried of limitation
<br />4. The Surety shall have no obligation to Claimants under this Bond until: y haze void or prohibited by law, the minimum p the
<br />Claimants who are employed by or have a direct conesstdescribed this sPar grap o re void whichever oe(m °the (2) first f the su't shells be
<br />4.1. C at the add
<br />Contractor have given notice to the Surety ( available to sureties as a defers
<br />in Paragraph 12) and sent a copmade u derththisoBond and, owner, acceptable. the Owner or the Contractor shall be mailed or
<br />stating that a claim is being 12. Notice to the Surety,
<br />substantial accuracy, the amount of the claim. delivered to the address shown on the signature page. Actual receipt of notice
<br />b Surety, the Owner or the Contractor, however accomplished, shall be
<br />4.2. Claimants who do not have a direct contract with the Contractor:
<br />1. Have furnished written notice to the Contractor and sent a Y
<br />copy, or notice thereof, to the Owner, wi�edmaterials days after
<br />or signature page. pliance as of the date received at the v address atu[oryor other
<br />P
<br />having last performed labor or last furnishwith substantial 13. When this Bond has been famished to comply performed,
<br />equipment included in the claim stating. to legal requirement in the location where the construction was to be p
<br />accuracy, the amount of the claim and the name of the party an provision in this Bond conflicting with said statutory or l o such statutory
<br />shall be deemed deleted herefrom and provisions conforming
<br />whom the materials were furnished or supplied or for whom Y P
<br />the labor was done or performed: and or other legal requirement shall be deemed incorporated herein. The intent is,
<br />2. Have either received a rejection in whole or in part from the
<br />Contractor, or not received within 30 days of furnishing the that this Bond shall be construed as a statutory bond and not as a common law
<br />which bond• person or entity appearing to be a potential
<br />above notice any communication from the Contractor by 14. Upon request by any Pe furnish a copy of this
<br />the Contractor has indicated the claim will be paid directly or beneficiary of this Bond, the Contractor be tracto shall promptly
<br />indirectly: and have sent a Bond or shall permit a copy
<br />3. Not having been paid within the above 30 days,
<br />or notice thereof, to the 15.1. Claimant: An individual or entity having a direct contract with the
<br />written notice to the Surety (at the address described in 15. DEFINITIONS oor or with a subcontractor of the Contractor to furnish
<br />paragraph 12) and sent a copy, made under this Bond and performance of the
<br />Owner, stating that a claim is being labor, materials or equipment for use in the Pe
<br />enclosing a copy of the previous written notice furnished to the Contract. The intent of this Bond shall be to include without
<br />Contractor. the Owner to the limitation in the terms "labor, material or
<br />telephoner service or
<br />pars rah 4 is given by water, gas, power, light, heat, oil, gasoline,
<br />5. If a notice required by g P
<br />Contractor or to the Surety, that is sufficient compliance. rental equipment used in the Construction Contract, architecture
<br />and engineering services required for performance of the work of
<br />6. When the Claimant has satisfied the conditions ll Paragraph 4, the Surety the Contractor and the Contractor's subcontractors, and all other
<br />shall promptly and at the Surety's expense take the following actions:
<br />items for which a mechanic's lien may be asserted in the jurisdiction
<br />6.1. Send an answer to the Claimant, with a copy h the Owner, at are where the labor, materials or equipment were furnished.
<br />45 days after receipt of the claim, stating time erne ants that are
<br />undisputed and the basis for challenging any 15.2. Construction Contract: The agreement between the Owner and the
<br />including all Contract
<br />disputed. Contractor identified on the signature page, g
<br />6.2. Pay or arrange for payment of any undisputed amounts.
<br />Documents and changes thereto.
<br />15.3.Owner Default: Failure of the Owner, which has neither been
<br />e
<br />Bond shall be credited for any payments made in good
<br />7. The Surety's total obligation shall not exceed the amount of this Bond, remedied nor waived, to pay the Contractor as required by th
<br />and the amount of this Bon Construction Contract or to perform and complete or comply with
<br />faith by the Surety .
<br />g. Amounts owned by the Owner to the Contractor under the Construction the other terms thereof.
<br />Contract shall be used for under any structiont Performance Bond. and the
<br />satisfy claims, if any, this Bond, they agree that all
<br />Contractor furnishing and the Owner accepting
<br />(FOR INFORMATION ONLY —Name Address and Telephone) l
<br />OWNER, S REPRESENTATIVE (Architect, Engineer or other party):
<br />AGENT or BROKER:
<br />00600 -2
<br />EJCDC No. 1910 -28B (1984 Edition)
<br />Institute of Architects, American Subcontractors Association, and the Associated Specialty
<br />Prepared through the joint efforts of the Surety Association of America, Engineers' Joint Contract Documents Committee, The Associate
<br />General Contractors of America, American
<br />03- 4138.A -R
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