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<br />~ 10 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 /> <br />~ 11 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent <br />jurisdiction in the location in which the work or part of the work is located or after the expiration of one year from <br />the date (1) on which the Claimant gave the notice required by Section 4.1 or Section 4,2.3, or (2) on which the last <br />labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the <br />Construction Contract, whichever of (1) or (2) first occurs, If the provisions of this Paragraph are void or prohibited <br />by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be <br />applicable. <br /> <br />~12 Noticetothe Surety; the Owner or the Contractor shall be mailed or delivered to the address shown on the <br />signature page. Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished, shall be <br />sufficient compliance as of the date received at the address shown on the signature page, <br /> <br />~13 Whemthis Bond has been furnished to comply with a statutory or other legal requirement in the location where <br />the cortstruction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement <br />shallbedeemeddeletedherefrom and provisions conforming to such statutory or other legal requirement shall be <br />deemed incorporated herein, The intent is that this Bond shall be construed as a statutory bond and not as a common <br />law bond, <br /> <br />,~.14 Upon request.byany person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall <br />promptly furnish a copy of this' Bond or shall permit a copy to be made, <br /> <br />~15 DEFINITIONS <br />~ 15.1 Claimant: Anindividualor entity having a direct contract with the Contractor or with a subcontractor of the <br />Conttactorto furnish labor, materials or equipment for use in the performance of the Contract. The intent of this <br />Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, <br />power,light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, <br />architectural and engineering services required for performance ofthe work of the Contractor and the Contractor's <br />subcontractors, ,and aU other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, <br />materials' or equipment were furnished, <br /> <br />~15.2ConstructionContract: The agreement between the Owner and the Contractor identified on the signature page, <br />includingallCorttract Documents and changes thereto, <br /> <br />~ 15,3 Owner Default: Failure <br />required by the Construction <br /> <br />e'Owner, which has neither been remedied nor waived, to pay the Contractor as <br />ct.Or to perform and complete or comply with the other terms thereof. <br /> <br />~ 16 MODlFICA TIONSTOTHISBOND ARE AS FOllOWS: <br /> <br />(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) <br />CONTRACTOR AS PRINCIPAL SURETY <br />Company: (Corporate Seal) Company: (Corporate Seal) <br /> <br />N/A <br /> <br />N/A <br /> <br />Signature: <br />Name and Title: <br />Address: <br /> <br />Signature: <br />Name and Title: <br />Address: <br /> <br />AlA Document A312T11-1984, Copyright @) 1984 by The American Institute of Architects. All rights reserved. WARNING: This AlA'" Document Is <br />protected by U.S, Copyright Law and International Treatles. Unauthorized reproduction or distribution of this AlA'" Document, or any portion of It, 7 <br />may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law, This document was produced <br />by AlA software at 12:53:31 on 06101/2005 under Order No.1 000172893_1 which expires on 4/26/2006, and Is not for resale. <br />User Notes: (3398270583) <br />