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<br /> 410 The Surety shall not be liable to the Owner,Claimants or others for obligations of the Contractor that are
<br /> unrelated to the Construction Contract.The Owner shall not be liable for the payment of any costs or expenses of
<br /> any Claimant under this Bond,and shall have under this Bond uo o bligatinn to make payments to,or give notice on
<br /> behalf of Claimants or othenise hate any obligations to Claimants under this Bond.
<br /> 11 The Surety hereby waiyes notice of any change,including changes of time, via the Construction Contract or to
<br /> related subcontracts,purchase orders and other obligations.
<br /> §12 No suit or action shall be commenced by a Claimant under this Bond other di an in a court 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(I)on which the Claimant sent a Claim to the Surety pursuant to
<br /> Section 5.1.2 or 5.2,or(2) on which the last labor or service was performed he anyone or the last materials 01
<br /> equipment were furnished by anyone under the Construction Contract,w-hiehe'eh of I)or(2) first occurs,If the
<br /> provisions of this Paragraph are void or prohibited lay law,the minimum period of limitation available to sureties as a
<br /> defense in the jurisdiction of the suit shall he applicable.
<br /> 413 Notice and Claims to the Surety,:het tattier or the Contractor shall be mailed or delta creel to the address shown
<br /> on the page on which their signature appears.Actual receipt of notice or Claims,however accomplished,shall he
<br /> sufficient compliance as of the date received.
<br /> §14\Chen this Bond has been furnished so comply with a statutory or other legal requirement in the location where
<br /> the construction was to be performed,any provision in this Bond conflicting with said statutory or legal requirement
<br /> shall be deemed deleted therefrom and provisions conforming to such statutory or other legal requirement shall be
<br /> deemed incorporated herein.When so furnished,the intent is that this Bond shall be construed as a statuttrn'bond
<br /> and not as a common law bond.
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<br /> 515 C'pnn request by any person or entity appearing to he 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 inane.
<br /> §16 Definitions
<br /> 416.1 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 lot whom the labor was done,or materials or equipment furnished;
<br /> .3 a copy of the agreement or purchase order pursuant to which labor,matenals or equipment was
<br /> furnished for use in the performance of the Construction Contract;
<br /> .4 a brief description of the labor,materials or equipment furnished;
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<br /> .5 the date on which the Claimant last performed labor or last furnished materials or equipment fur use
<br /> in the performance of the Construction Contract;
<br /> .6 the total amount earned by the Claimant for labor,materials or equipment furnished as of the dare of
<br /> 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 furnished as of
<br /> the date of the Claim,
<br /> §16.2 Claimant.An individual or entity having a direct contract with the Contractor or eldt a subcontractor of the
<br /> Contractor to furnish labor,materials or equipment fot use in the performance of the Construction Contract.The
<br /> term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's
<br /> lien or similar stature against the real property upon which the Project is located.The intent of this Bond shall be to
<br /> include without limitation in the terms labor,materials or equipment'that part of,hater,gas,power,light,heat,oil,
<br /> gas dine, telephone service or rental equipment used in the Construction Contract,arelain-aural and engineering
<br /> services required for performance of the work of the Contractor and the Contractor's subeonmacturs,and all other
<br /> :mobs fur which a mechanic's hen may he asserted in the iunsdiction where the labor,materials or equipment were
<br /> furnished.
<br /> 4 16.3 Construction Contract.The agreement between the Owner and Contractor identified on the cover page,
<br /> including all Contract Documents and all changes made to the agreement and the Contract Documents.
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