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.2 Have either received a rejectie bole or m part from the Contractor, or not received within. -,0 days of fumishing the above notice any colmmmication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly, and .3 Not having been paid within the above 30 days, have sent a written notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner stating that a claim is beirig made ooder this Bond and enclosing a copy of the previous written notice fumished to the Contractor. 5 If a notice required by paragraph 4 is given by Owner to the Contractor or to the Surety. that is sufficient compliance. 6 When the Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at the Surety's expense take the following actions: 6.1 Send an answer to the Claimant, with a copy to the Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amowlts that are disputed. 6.2 Payor arrange for payment of any oodisputed amowlts. 7 The Surety's total obligation shall not exceed the amooot of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 8 Amooots owed by the Owner to the Contractor ooder the Construction Contract shall be used for the perfonnance of the Construction Contract and to satisfy claims, if any, under any Construction Perfonnance Bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all foods earned by the Contractor in the perfonnance of the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. 9 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction ""ntract. The Owner shall not be liable for payment of any costs or ::nses of any Claimant ooder this Bond, and shall have ooder this bond 11... obligations to make payments to. give notices on behlllf of, or otherwise have obligations to Claimants ooder this Bond. 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 11 No suit or action shall be commenced by a Claimant ooder this Bond other than in a court of competent jurisdiction in the location in which MODIFICATIONS TO TIllS BOND ARE AS FOLLOWS: the work or ~ work is located or after the expiration of one year from the date (I) II.. which the Claimant gave the notice required by Subparagraph 4. lor Clause 4.2.3, or (2) on which the last labor or service was perfonned by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (I) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period oflimitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be perfonned, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions confonning to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 14 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall promptly fumish a copy of this Bond or shall pennit a copy to be made. 15 DEFINITIONS 15.1 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the perfonnance of the Contract. The intent of this Bond shall be to include without limitation in tenns "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for perfonnance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor. materials or equipment were fUOlished. 15.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 15.3 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perfonn and complete or comply with the other tenns thereof. (Space is provided below for additional signatures ofadded parties, other than those appearing on the cover page.) CONTRACfOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: lUlture: . .c.&IJle and Title: Address: S-1853/GEEF 6/96 Page 2 of 2 (Corporate Seal) Signature: Name and Title: Address: