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e able to sureties as a defense in the jurisdiction of the suit shall be applicable. 10 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the sig- nature page. 11 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions con- forming 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. 12 DEFINmONS 12.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made; including allowance to the Con- MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: e tractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, re- duced by all valid and proper payments made to or on behalf of the Contractor under the Construction Con- tract. 12.2 Construction Contr~ct: The agreement between the Owner and the C~ntractor identified on the sig- nature page, including all Contract Documents and changes thereto. 12.3 Contractor Default: Failure of the Contrac;tor, which has neither been remedied nor waived, to per- form or otherwise to comply with the terms of the Construction Contract. 12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Con- tractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) ..0?/ ~.,P Signature: K ~ Name and :Title: Address: mIl SURETY Company: (Corporate Seal) Signature: Name and Title: Address: CAUTION: You should sign an original AlA document which has this caution printed In red. An original assures that changes will not be obscured as may occur when documents are reproduced. AlA DOCUMENT A312 . PERfORMANCE BOND AND PAYMENT BOND. DECEMBER 1984 ED. . AlA lID THE AMERICAN INSTITUTE Of ARCHITECTS. 173S NEW YORK AVE.. N.W.. WASHINGTON. D.C. 20006 nURD PRINTING. MARCH 1987 WARNING: Unlicensed photocopying vtolales U.S. trademark laws and Is subject 10 legal prosecution. A312-1984 3