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16 bEFINITIONS <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 furnished; <br />.3 a copy of the agreement or purchase order pursuant to which labor, materials or equipment was furnished <br />for use in the performance of the Construction Contract; <br />.4 a brief description of the labor, materials or equipment furnished; <br />.5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in <br />the performance of the Construction Contract; <br />.6 the total amount earned by the Claimant for labor, materials or equipment furnished as of the date of the <br />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 the date <br />of the Claim. <br />16.2 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the <br />Contractor to furnish labor, materials, or equipment for use in the performance of the Construction Contract. The term <br />Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or <br />similar statute against the real property upon which the Project is located. The intent of this Bond shall be to include <br />without limitation in the terms "labor, materials or equipment" that part of water, gas power, light, heat, oil gasoline, <br />telephone service or rental equipment used in the Construction Contract, architectural and engineering services required <br />for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a <br />mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. <br />16.3 Construction Contract: The agreement between the Owner and the Contractor identified on the cover page, <br />including all Contract Documents and all changes made to the agreement and the Contract Documents. <br />16.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as <br />required under the Construction Contract or to perform and complete or comply with the other material terms of the <br />Construction Contract. <br />16.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. <br />17 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond <br />shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. <br />Printed in cooperation with the American Institute of Architects (AIA) by the Chubb Group of Insurance Companies. <br />The language in this document conforms to the language used in AIA Document A312 -- 2010. Form 15-02-0574 FED (rev. 7-10) <br />4