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performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under <br /> this Bond,subject to the Ownees priority to use the fluids for the completion of the woric. <br /> ill. The Surety shall not be liable to the Owner,Claimants or others for obligations of the Contractor that are unrelated <br /> to the Construction Contract. The Owner shall not be liable for the payment of any cos%or expenses of any <br /> Claimant under this Bond,and shall have under this Bond no obligation to make payments to,or give notice on <br /> behalf of,Claimants or otherwise have any obligations to Claimants under this Bond. <br /> 11. The Surely hereby waives notice of any charge, including changes of time, to the Construction Contract or to <br /> related subcontracts,purchase orders and other obligations. <br /> U. No suit or action shall be commenced by a Claimant under this Bond other than In a covet of competent <br /> jurisdiction in the state In which the project that is the subject of the Construction Contract is located or after the <br /> expiration of one year from the date(1)on which the Claimant sent a Claim to the Surety pursuant to Section 5.1 <br /> or 5.2,or(2)on which the last labor or service was performed by anyone or the last materials or equipment were <br /> fumisbed by anyone under the Construction Contract,whichever of(1)or(2)first occurs. If the provisions of this <br /> Paragraph are void or prohibited by law,the minimum period of limitation available to sureties as a defense in the <br /> jurisdiction of the suit shall be applicable. <br /> 13. Notice and Claims to the Surety,the Owner or the Contractor shall be mailed or delivered to the address shown an <br /> the page on which their signature appears. Actual receipt of notice or Claims,however accomplished,shall be <br /> sufficient compliance as of the date received. <br /> 14. When this Bond has been f arnisbed to comply with a statutory or other legal requirement in the location where the <br /> construction was to be performed,any provision in this Bond conflicting with said statutory or legal requirement <br /> shall be deemed deleted hcrefrom and provisions conforming to such statutory or other legal requirement shall be <br /> deemed incorporated herein. When so famished,the intent is that this Bond shall be construed as a statutory bond <br /> and not as a common law bond. <br /> 15. Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and <br /> Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made, <br /> Id. DEFDMONS <br /> 16.1 Claim.A written statement by the Claimant including at a minimum: <br /> .1 the name of the Claimant; <br /> .2 the name of the person for whom the labor was done,or materials or equipment fbmished; <br /> 3 a copy of the agreement or purchase order pursuant to which labor,materials or equipment was <br /> furnished for use in the performance of the Construction Contract; <br /> A a brief description of the labor,materials or equipment famished; <br /> .5 the date on which the Claimant last performed labor or furnished or last famished materials or <br /> equipment for use In the performance of the Construction Contract: <br /> .6 the total amount earned by the Claimant for labor,materials or equipment famished as of the <br /> date of the Claim; <br /> .7 the total amount of previous payments received by the Claimant;and <br /> .8 the total amount due and unpaid to the Claimant for Labor,materials or equipment famished as <br /> of the date of the claim. <br /> 16.2 ChnimauL An individual or entity having a direct contract with the Contractor or with a subcontractor of <br /> the Contractor to furnish labor,materials or equipment for use in the performance of the Construction <br /> Contract. The term Claimant also includes any individual or entity that has rightfully asserted a claim <br /> under an applicable mechanic's lien or similar statute against the real property upon which the Project Is <br /> located. The intent of this Bond shall be to include without limitation in the terms"labo4 materials or <br /> equipment"that part of water,gas,power,light,heat,oil,gasoline,telephone service or rental equipment <br /> used in the Construction Contract,architectural and engineering services required for performance of the <br /> work of the Contractor and the Contractoes subcontractors,and all other items for a which a meebanies <br /> lien may be asserted in the jurisdiction where the labor,materials or equipment were famished. <br /> Lansoatpe coaroma to AIA Dwm au A312 thyanea Henri,Zola a illm <br /> PAY76003T.Z0613f <br />