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<br />or improvement upon land, including adjacent curb, gutter and sidewalk,
<br />and also architects, engineers, draftsmen, and artisans who have furnished
<br />designs, plans, plats, maps, specifications, drawings, estimates of cost,
<br />surveys, or superintendence, or who have rendered other professional or
<br />skilled service, or bestowed labor in whole or in part, describing or
<br />illustrating, or superintending such structure, or work done or to be done,
<br />or any part connected therewith, used or reasonably required for use in the
<br />performance of the contract, labor and material being construed to include that
<br />part of water, gas, power, light, heat, oil, gasoline, telephone service or
<br />rental of equipment directly applicable to the Contract.
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<br />b. The above named Contractor and Surety hereby jointly and severally agree
<br />with the Owner that every claimant as herein defined, who has not been paid
<br />in full before the expiration of a period of ninety (90) days after the date on
<br />which the last of such claimant's work and labor was done or performed or
<br />materials were furnished by such claimant, may sue on this bond for the use of
<br />such claimant, prosecute the suit to final judgment for such sum or sums as
<br />may be justly due claimant, and have execution thereon. The Owner shall not be
<br />liable for the payment of any cost or expenses of any such suit.
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<br />c. No suit or action shall be commenced hereunder by any claimant,
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<br />1. Unless claimant, other than one having a direct contract with the
<br />Contractor, shall have given Written notice to any of the following: The Con-
<br />tractor, the Owner, or the Surety above named, within ninety (90) days after
<br />such claimant did or performed the last of the work or labor, or furnished the
<br />last of the materials for which said claim is made, stating with substantial
<br />accuracy the amount claimed and name of the party to whom the materials were
<br />furnished, or for whom the work or labor was done or performed. Such notice
<br />shall serve by mailing the same by registered mail or certified mail, postage
<br />prepaid, in an envelope addressed to the Contractor, Owner, Surety, at any
<br />place where an office regularly maintained for the transaction of business, or
<br />served in any manner in which legal process may be served in the state in which
<br />the aforesaid project is located, save that such service need not be made by a
<br />public officer.
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<br />2. After the expiration of one (1) year following the date on which
<br />Contractor ceased work on said Contract, it being understood, however, that if
<br />any limitation embodied in this bond is prohibited by any law controlling the
<br />construction hereof such limitation shall be deemed to be amended so as to be
<br />equal to the minimum period of limitation permitted by such law.
<br />
<br />3.
<br />county or
<br />any part
<br />district
<br />where.
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<br />Other than in a state court of competent jurisdiction in and for the
<br />other political subdivision of the state in which the project, or
<br />thereof, is situated, or in the United States District Court for the
<br />in which the project, or nay part thereof, is situated, and not else
<br />
<br />d. The amount of this bond shall be reduced by and to the extent of any
<br />payments made in food faith hereunder, inclusive of the payment by Surety of
<br />mechanics' liens which may be filed of record against said improvement, whether
<br />or not claim for the amount of such lien be presented under and against this
<br />bond.
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<br />-LMPB-2
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