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8 The Surety's total obligation shall not exceed the amount of this Bond, plus the amount of reasonable attorney's <br />fees provided under Section 7.3, and the amount of this Bond shall be credited for any payments made in good faith by <br />the Surety. <br />9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance <br />of the Construction Contract and to satisfy claims, if any, under any construction performance bond. By the Contractor <br />furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of <br />the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to <br />the Owner's priority to use the funds for the completion of the work. <br />10 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 costs or expenses of any Claimant <br />under this Bond, and shall have under this Bond no obligations to make payments to, or give notice on behalf of, <br />Claimants or otherwise have any obligations to Claimants under this Bond. <br />11 The Surety hereby waives notice of any change, including changes of time, to 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 than in a court of competent <br />jurisdiction in the state in which the project that is subject of the Construction Contract is located or after the expiration of <br />one year from the date (1) on which the Claimant sent a Claim to the Surety pursuant to Section 5.1.2 or 5.2, or (2) on <br />which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone <br />under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or <br />prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be <br />applicable. <br />13 Notice and Claims to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown <br />on the page which their signature appears. Actual receipt of notice or Claims, however accomplished, shall be sufficient <br />compliance as of the date received. <br />14 When this Bond has been furnished 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 shall be <br />deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed <br />incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a <br />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 />The language in this document conforms to the language used in A!A Document A312-- 2010. Form 15-02-0574 FED (rev. 7-10)