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<br />(c) After the expiration of one (1) year (or such lesser or greater time period as otherwise permitted by <br />relevant law) following the date on which the Subcontractor provided the last labor and/or materials to <br />the project. If the provisions of this paragraph are void or prohibited by law, the minimum period of <br />limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. <br /> <br />4. Surety shall have no liability to any Claimant under this Bond for any amount unless it is due and owing to the <br /> <br />Claimant by the Principal pursuant to the express terms of the contract between the Principal and Claimant or, <br />if the Claimant does not have a direct Contract with Principal, pursuant to the terms and conditions of the <br />Contract between the Claimant and the Subcontractor to the Principal. The Bond incorporates all of the <br />Principal's contractual defenses, including but not limited to pay-if-paid provisions, whereby payment to the <br />Claimant is subject to the condition precedent of the Obligee's payment to the Principal, and other limitations <br />on amounts due under the Contract between Principal and Claimant. <br /> <br />5. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith <br />hereunder, inclusive of the payment by the Surety of mechanics' liens, which may be filed of record against <br />such improvement, whether or not claim for the amount of such lien be presented under and against this <br />bond. <br /> <br />DATED as of this 23rd <br /> <br />day of <br /> <br />May <br /> <br />,2005 <br /> <br />WITNESS / ATTEST: <br /> <br />Peterson Mechanical, Inc,. 3001 1st Avenue North. <br />Farao. NO 58102 <br />(Pri "pal) <br /> <br />~~ <br /> <br /> <br />(Seal) <br /> <br />LIBERTY MUTUAL INSURANCE COMPANY <br />(Surety) <br /> <br />By. ~t~~ <br />Ja , Padd:~OmeY-i""Fact <br /> <br />(Seal) <br /> <br />LMIC-5200 <br /> <br />20f2 <br /> <br />Rev. 3/04 <br />