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<br />2, The above named Principal and Sorety hereby jointly and severally agree with the Owner that every Claimant as herein <br />denned, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the <br />lasl of such Claimant's work or labor was done or performed, or materials were furnished by such Claimant, may sue on <br />this bond for the use of such Claimant, prosecute the suit to final judgment for such sum or sums as may be justly due <br />Claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such <br />suit. <br /> <br />3. No suit or action shall be commenced hereunder by any Claimant, <br />a) Unless Claimant, other than one having a direct Contract with the Principal, shall have given written notice to any <br />two of the following: The Principal, the Owner, or the Sorety above named, within ninety (90) days after such Claimant <br />did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating <br />with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for <br />whom the work or labor was done or performed, Such notice shall be served by mailing the same by registered mail or <br />certified mail. postage prepaid, in an envelope addressed to the Principal, Owner or Surety, at any place where an office is <br />regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the <br />state in which the aforesaid project is located, save that such service need not be made by a public officer, <br /> <br />b) After the expiration of one (I) year following the date on which Principal ceased work on said Contract, it being <br />understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction <br />hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by <br />such law, <br /> <br />c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state <br />in which the Project. or any part thereof, is situated, or in the United States District Court for the district in which the <br />Project. or any part thereof, is situated. and not elsewhere. <br /> <br />4-. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith <br />hereunder, inclu,ive of the payment by Surety of mechanics' liens which may be filed of record against said improve- <br />ment, whether or not claim for the amount of such lien be presented under and against this bond, <br /> <br />Signed and sealed this <br /> <br /><j <br /> <br />day of <br /> <br />~ <br /> <br />, 198~ <br /> <br />;; ~ - ~ .. <br /> <br />Witness <br /> <br />~.? ~--".~ <br />TEZAK CONSTRUCTION CO..':" INC ., ,(Sealf- <br /> <br />ZJ'~'O/\~dT'd'- -;-- <br /> <br />Title <br /> <br />~7~ <br /> <br />O~r~ Odh <br /> <br />SAF <br /> <br />INSURANCE COMPAN\,OF AMERICA <br />~ .,'-"" <br />~ .,' . , <br />:$' ".. ,.' ~ ~, <br />-........?.(' - <br />=:::::' <br />-0:- <br /> <br /> <br /> <br />Witness <br /> <br />By <br />Pegg <br /> <br />A.ttorney-in-Fact <br />~ '. ~ <br />-:;.; "/..... .. <br />~~/".." . <br />'';., . <br /> <br />. <br /> <br />. <br />