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1. The Contractor and the Surety, jointly and severalty, bind Construction Contract and to satisfy claims, if any, under any themselves, their heirs, executors, administrators, successors and Construction Performance Bond. By the Contractor furnishing and the assigns to the Owner for the performance of the Construction Contract, Owner accepting this Bond. they agree that all funds earned by the which is incorporated herein by reference. Contractor in the performance of the Construction Contract are dedicated 2. With respect to the Owner,this obligation shall be null and void if the to satisfy obligations of the Contractor and the Surety under this Bond, Contractor: subject to the Owner's priority to use the funds for the completion of the 2.1. Promptly makes payment,directly or indirectly,for all sums due work. Claimants,and 9. The Surety shall not be liable to the Owner,Claimants or others for 2.2. Defends, indemnities and holds harmless the Owner from all obligations of the Contractor that are unrelated to the Construction claims, demands, liens or suits by any person or entity who Contract. The Owner shall not be liable for payment of any costs or fumished labor, materials or equipment for use in the expenses of any Claimant under this Bond, and shall have under this performance of the Construction Contract, provided the Owner Bond no obligations to make payments to, give notices on behalf of, or has promptly notified the Contractor and the Surety (at the otherwise have obligations to Claimants under this Bond. address described in Paragraph 12) of any claims, demands, 10. The Surety hereby waives notice of any change, including changes liens or suits and tendered defense of such claims, demands, of time, to the Construction Contract or to relate subcontracts, purchase liens or suits to the Contractor and the Surety, and provided orders and other obligations. there is no Owner Default. 11. No suit or action shall be commenced by a Claimant under this Bond 3. With respect to Claimants,this obligation shall be null and void if the other than in a court of competent jurisdiction in the location in which the Contractor promptly makes payment, directly or indirectly, for all sums work or part of the work is located or after the expiration of one year from due. the date (1) on which the Claimant gave the notice required by 4. The Surety shall have no obligation to Claimants under this Bond Subparagraph 4.1 or Clause 4.2 (iii), or (2) on which the last labor or until: service was performed by anyone or the last materials or equipment were 4.1. Claimants who are employed by or have a direct contract with furnished by anyone under the construction Contract,whichever of(1) or the Contractor have given notice to the Surety(at the address (2)first occurs. If the provisions of this Paragraph are void or prohibited described in Paragraph 12) and sent a copy, or notice thereof, by law, the minimum period of limitation available to sureties as a to the Owner, stating that a claim is being made under this defense in the jurisdiction of the suit shall be acceptable. Bond and.with substantial 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 delivered to the address shown on the signature page. Actual receipt of Contractor: notice by Surety, the Owner or the Contractor. however accomplished, 1. Have furnished written notice to the Contractor and sent a shall be sufficient compliance as of the date received at the address copy,or notice thereof.to the Owner,within 90 days after shown on the signature page. having fast performed labor or last furnished materials or 13. When this Bond has been fumished to comply with a statutory or equipment included in the claim stating, with substantial other legal requirement in the location where the construction was to be accuracy, the amount of the claim and the name of the performed, any provision in this Bond conflicting with said statutory or party to whom the materials were furnished or supplied or legal requirement shall be deemed deleted herefrom and provisions for whom the labor was done or performed: and conforming to such statutory or other legal requirement shall be deemed 2. Have either received a rejection in whole or in part from incorporated herein. The intent is.that this Bond shall be construed as a the Contractor,or not received within 30 days of furnishing statutory bond and not as a common law bond. the above notice any communication from the Contractor 14. Upon request by any person or entity appearing to be a potential by which the Contractor has indicated the claim will be beneficiary of this Bond, the Contractor shall promptly furnish a copy of paid directly or indirectly: and this Bond or shall permit a copy to be made. 3. Not having been paid within the above 30 days,have sent 15. DEFINITIONS a written notice to the Surety(at the address described in 15.1.Claimant: An individual or entity having a direct contract with paragraph 12) and sent a copy, or notice thereof, to the the Contractor or with a subcontractor of the Contractor to Owner,stating that a claim is being made under this Bond furnish labor, materials or equipment for use in the and enclosing a copy of the previous written notice performance of the Contract. The intent of this Bond shall be furnished to the Contractor. to include without limitation in the terms labor, materials or 5. If a notice required by Paragraph 4 is given by the Owner to the equipment' that part of water, gas, power, light, heat, oil, Contractor or to the Surety,that is sufficient compliance. gasoline. telephone service or rental equipment used in the 6. When the Claimant has satisfied the conditions of Paragraph 4, the Construction Contract, architectural and engineering services Surety shall promptly and at the Surety's expense take the following required for performance of the work of the Contractor and the actions: Contractor's subcontractors, and all other items for which a 6.1. Send an answer to the Claimant, with a copy to the Owner, mechanic's lien may be asserted in the jurisdiction where the within 45 days after receipt of the claim, stating the amounts labor,materials or equipment were fumished. that are undisputed and the basis for challenging any amounts 15.2.Construction Contract: The agreement between the Owner that are disputed. and the Contractor identified on the signature page, including 6.2. Pay or arrange for payment of any undisputed amounts. all Contract Documents and changes thereto. 7. The Surety's total obligation shall not exceed the amount of this 15.3.Owner Default: Failure of the Owner,which has neither been Bond, and the amount of this Bond shall be credited for any payments remedied nor waived,to pay the Contractor as required by the made in good faith by the Surety. Construction Contract or to perform and complete or comply 8. Amounts owned by the Owner to the Contractor under the with the other terms thereof. Construction Contract shall be used for the performance of the (FOR INFORMATION ONLY—Name,Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or other party): 08/12 00600-2 11-4179 FJCDC 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.