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Contract or to related subcontracts, purchase orders, and other 6. The total amount earned by the Claimant for obligations labor, materials, or equipment furnished as of the date of the Claim; 12. No suit or action shall be commenced by a Claimant under 7. The total amount of previous payments this Bond other than in a court of competent jurisdiction in received by the Claimant; and the state in which the project that is the subject of the 8. The total amount due and unpaid to the Construction Contract is located or after the expiration of Claimant for labor, materials, or equipment one year from the date (1) on which the Claimant sent a furnished as of the date of the Claim. Claim to the Surety pursuant to Paragraph 5.1.2 or 5.2, or (2) on which the last labor or service was performed by anyone 16.2 Claimant: An individual or entity having a direct or the last materials or equipment were furnished by anyone contract with the Contractor or with a subcontractor under the Construction Contract, whichever of (1) or (2) first of the Contractor to furnish labor, materials, or occurs. If the provisions of this paragraph are void or equipment for use in the performance of the prohibited by law, the minimum period of limitation Construction Contract. The term Claimant also available to sureties as a defense in the jurisdiction of the includes any individual or entity that has rightfully suit shall be applicable. asserted a claim under an applicable mechanic's lien or similar statute against the real property upon 13. Notice and Claims to the Surety, the Owner, or the which the Project is located. The intent of this Bond Contractor shall be mailed or delivered to the address shall be to include without limitation in the terms of shown on the page on which their signature appears. Actual "labor, materials, or equipment" that part of the receipt of notice or Claims, however accomplished, shall be water, gas, power, light, heat, oil, gasoline, sufficient compliance as of the date received. telephone service, or rental equipment used in the Construction Contract, architectural and engineering 14. When this Bond has been furnished to comply with a services required for performance of the work of the statutory or other legal requirement in the location where Contractor and the Contractor's subcontractors, and the construction was to be performed, any provision in this all other items for which a mechanic's lien may be Bond conflicting with said statutory or legal requirement asserted in the jurisdiction where the labor, shall be deemed deleted herefrom and provisions materials, or equipment were furnished. conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, 16.3 Construction Contract: The agreement between the the intent is that this Bond shall be construed as a statutory Owner and Contractor identified on the cover page, bond and not as a common law bond. including all Contract Documents and all changes made to the agreement and the Contract 15. Upon requests by any person or entity appearing to be a Documents. potential beneficiary of this Bond, the Contractor and Owner shall promptly furnish a copy of this Bond or shall 16.4 Owner Default: Failure of the Owner, which has not permit a copy to be made. been remedied or waived, to pay the Contractor as required under the Construction Contract or to 16. Definitions perform and complete or comply with the other material terms of the Construction Contract. 16.1 Claim: A written statement by the Claimant including at a minimum: 1. The name of the Claimant; 2. The name of the person for whom the labor was done, or materials or equipment furnished; 3. A copy of the agreement or purchase order pursuant to which labor, materials, or equipment was furnished for use in the performance of the Construction Contract; 4. A brief description of the labor, materials, or equipment furnished; 5. The date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; 9 16.5 Contract Documents: All the documents that comprise the agreement between the Owner and Contractor. 17. If this Bond is issued for an agreement between a contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. 18. Modifications to this Bond are as follows: