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t. The Contractor and the Surety,jointly a.~d severally, bind themselves, and to satisfy claims, it'any, under any Construcllon Performance Bond.
<br />theirhelrs.executors.adm~nistralors, successorsandassignstotheOwner By the Contractor furnishing and the Owner accepting th~s Bond, they
<br />to pay for labor, materials and eqttlpment furnished for use in the perfor- agree that all funds earned by the Contractor in Ihe ~ormanc:
<br />mance of the Construction Contract, which is incor~raled herein by Consl~ction Contract are dedicated Io satisfy obligations of ihe Con-
<br />re~erence. ~rac~or and the 5ure~y under ~hls Bond. sub, ecl to the Owner's priority
<br />2. With respect to ~he Owner. this obligation shall be null and void if the to use the funds for the completion of the work.
<br />Contractor: 9. The Surety shall not b~ liable Io ~he Owner. Claimants
<br />2. I. P~omptly makes payment, directly or indirectly, for all sums due obligations o[ the Contractor t~at are unrelated to Ihe Constmctlon Con-
<br />CIRimants. and tracl. ~e Owner shall not be liable ~or payment of any costs or expenses
<br />2.2. ~fends. indemnifies and holds Aa~less the Owner from afl claims, of any Claimant under this Bond, and shall have under Ihis Bond
<br />demands, liens or suits by any ~rson or entity who furnished obllgatlons ~o make payments to. give notices on bchaff oh. or othe~i~e
<br />labor, materials or equipment for use in the performance of the have obfigatlons to Claimants under this Bond.
<br />Construction Contact. provided the Owner has promptly notified 10. The Surety hereby waives notice of any ch,rage, including changes of
<br />the Cont~ctor ahd Ihe ~urely (at the address described in Para- time, to the Const~ctlon Contract or Io ~elated subconlracts, purchase
<br />graph 12) o[ any claims, demands, liens or suits and lendered orders and other obligations.
<br />derense or such claims, demands, liens or suits to the Contractor I I. ~o sub or action shall ~ commenced bY a C a mane under h
<br />and the Surety, and provided there is no Owner ~[ault. other than in a cou~ o[ c~mpetent jurisdiction in the location in which the
<br />3. Wilh re.~c~ Io Claimants, lh~s obffga~ion shall be null a~ void if Ihe work or pan o~ ~h~ wor~ is located or aAer ~he expi~ti~ of one year
<br />Cont~ctor promptly makes payment, dlrectly or in~i[ectiy, for all sums from lhe date (I) on welch the Clalmant gave t~e notice requked by
<br />d~. Subpa~g~ph 4.1 or Claus~ a.2 (iii). or (2) on which ~he last ~bor
<br />4, The Surety shall have no obligation to Claimants under leis Bond until: service was ~ormed by anyone or the last mate~als or equlpmenl wer~
<br />4.1. Clalma~ts who a~e employed by or have a dlrecl con,race with (urnished by a~yone under the Cons~ctlon Con[racL whlchevtr oC([)
<br />the Contractor have given notice ~o Ihe Surety (at the address or (2) ~rst occurs. I~the provisions o[this Pa~graph are void or prohibited
<br />dcscrlbed in Pa~graph 12) and sent a copy, or notlce thereof, Io by law, the m n mum per ~of m la(ion availab e 1o surelies as a defense
<br />the Owner, stating that a claim is being made under leis Bon~ n ~he jurlsdictlbn or th~ suit shall be applicable, i'
<br />and, wi~h substantial accuracy, the amount et the claim. 12. ~otlce to I~e S~ety, the Owner or Ihe Contractor shall be mailed or
<br />4.2, Claimants who do not have a direct contact with the Contractor: delivered ~o the address shown on the signature page. Aclual receipt of
<br />I. ~ave [urnish~d written notice to the Coat.clot and sent a notice by Surety, tee Owner or the Contractor, ~owever eccompBshed.
<br /> copy, or notice Ihereo~. to the Owner, within ~ days after shall be su~cient compliance as of the date received at the address shown
<br /> having last ~ormed lair or last [umisbed mate~als or equip- on the signatu~ page..';~
<br /> meat included in the claim stating, with substanllal accu~cy, 13. When Ih~s Bond hq~ been [u~ished Io comply wilh a statutory or
<br /> the amount q[ the claim and ~he name of the paAy to whom other legal requirement'in Ihe location wher~ the const~clion was to be
<br /> the mate~als were furnished or supptlcd or for whom the lair ~fformed, any prov~io~ in Ibis ~ond con~icllng with said slalulory or
<br /> was d~e or ~ormed; and ega r~qulremcnt shaU ~ deemed deleted hetefrom and provisions con-
<br />2. Have either received a rejectyn in whole or in pa~ [rom the forming ~o such slalulory or other legal requlremem shall ~ deemed
<br /> Comra:tor, or not received within 30 days of [u~ishlng the inco~o~ted herein. ~e intent is. that this Bon~ sha~ be toast.ed as a
<br /> abo~ notice any communication [rom the Contractor by which s~atulo~ ~nd and not as a common law
<br /> Ihe Contractor has indicated lhe claim will be paid directly or
<br /> indirectly; and 14, U~n r~quest by any person or entity appearing to
<br /> btneflcla~ of ~hls Bond, ~he Contrac~br shal~ promptly ~urn~sh a copy.b.
<br />3. Not having been paid within the a~ve 30 days, have sent a
<br /> wrlne~ notice to ~he Surety (at t~e address descend in Para- Ibis Bond or shall permit a copy to be,made.
<br /> g~ph 12) and sent a copy, or notice thereof, to the Owner, 15. DgF[~ITIONS
<br /> slatlng ~hat a c~aim is being made under this Bond an~ enclosln8 I ~. I. Claimant: An individual or entity having a direct contract with
<br /> a copy of the previous w~tten notic~ [umished to the Con- tee Contractor or with a su~ont~ctor of Ihe Coat.clot to
<br /> tractor, [u~ish labor, materials or equlpmeet for use in the ~ormance
<br />S. I[ a notice requlre~ by Pa~g~ph 4 is given by the Owner Io the o[theCont~cI.ThclntentofthlsBondshall~toincludewlthout
<br /> ~imitalion in the terms "labor, ma~e~als or equyment" Ihat pa~
<br />~ontractor or to thc S~re~y, Iha~ is su~clent compffance, of water, gas, ~wer, light, heat, oil. gasoline, telephone service
<br />6. When the Claimant has satisfied the conditions of Paragraph 4, the or rental equipment used in the Constmcllon Contract. architec-
<br />Surety shall promptly and at tee Sur~ty's expense take the following tu~l and engineering so.ices required for ~ormance of Ihe
<br />actions: work of the Contractor and the Commctor's su~ontmctors, and
<br />6.1. Send an answer to the Clalma~t, with a copy to the Owner. within all other items for which a mechanic's lien may be asse~ed
<br />45 days after receipt o[ the claim, stating the amounts that are the jurisdiction where the labor, materials or equipment were
<br />undisputed and the basis for challenging any amounts that are furnished.
<br />disputed. 1~,2. Consl~ctJon Con~racl: The agreement between the Owner and
<br />6.2. Pay or arrange tot payment or any undisputed amounts, the Contractor identified on the signalure page, including all
<br />7, The Surel?s lolal ob~Jgallon shall not exceed IEe amount of Ihls Bond, Contract ~cumenls and changes Iherelo. .
<br />and the amount of this Bond shall ~ credited for any payments made in 15.3. Owner Default: Failure of Ihe Owner, which has neither been
<br />g~ fa}th by the Surely. r~medied nor waived+ Io ~y the Conlractor as required by the
<br />8. Amountsowedby theOwner totheContractorunder theConstmction Construction Contract or to ~orm and complete or comply
<br />Contract shall be used for the performance o~ the Construction Contract with the other terms thereo~.
<br />
<br /> (FOR INFORMATION ONLY--Name, Address and Telephone)
<br /> AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or other party):
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