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performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under <br />this Bond, subject to 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 <br />Claimant under this Bond, and shall have under this Bond no obligation to make payments to, or give notice on <br />behalf of, 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 the subject of the Construction Contract is located or after the <br />expiration of one year from the date (1) on which the Claimant sent a Claim to the Surety pursuant to Section 5.1 <br />or 5.2, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were <br />furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this <br />Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the <br />jurisdiction of the suit shall be applicable. <br />13. Notice and Claims to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on <br />the page on which their signature appears. Actual receipt of notice or Claims, however accomplished, shall be <br />sufficient 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 <br />shall be deemed deleted herefrom 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 statutory bond <br />and not as a 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 />16. DEFINTIONS <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 <br />furnished 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 furnished or last furnished materials or <br />equipment for use 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 <br />date of 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 <br />of the date of the claim. <br />16.2 Claimant. An individual or entity having a direct contract with the Contractor or with a subcontractor of <br />the Contractor to furnish labor, materials or equipment for use in the performance of the Construction <br />Contract. The term Claimant also includes any individual or entity that has rightfully asserted a claim <br />under an applicable mechanic's lien or similar statute against the real properly upon which the Project is <br />located. The intent of this Bond shall be to include without limitation in the terms "labor, materials or <br />equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment <br />used in the Construction Contract, architectural and engineering services required for performance of the <br />work of the Contractor and the Contractor's subcontractors, and all other items for a which a mechanic's <br />lien may be asserted in thejurisdiction where the labor, materials or equipment were furnished. <br />Language conforms to AIA Document A312 Payment Bond, 2010 edition. <br />PAY76003ZZ0613f <br />