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12,1 Balance of the Contract Price: The total amount <br />payable by the Owner to lhe Contractor under the <br />Construction Contract after all proper adjustments have <br />been made, including allowance to the Contractor of any <br />amounts received or to be received by the Owner in <br />setOement of insurance or other cla~ns for damages to <br />which the Contractor is entitled, reduced by ail vahd and <br />pro)pmr pay~nenls made lo or on behalf of the Contractor <br />nnder the Construction Contract. <br /> <br />12.2 Construction Contracl: The agreement between <br />the Owner and the Contractor identified on the signature <br />page, includ/ng all Contract Documenls and changes <br />thereto. <br /> <br />12.3 Conlractor Default: Failure of the Contractor, <br />which has neither been remedied nor waived, to perform <br />or otherwise lo comply with the terms of the Construction <br />Contract. <br /> <br />12,4 Ovmer Default: Failure of the Owner, which has <br />neither been remedied nor waived, to pay the Contractor <br />as required by the Constraction Contract or to perform <br />and complete or compty with the other terms thereo£ <br /> <br />MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: <br /> <br />(Space is pro,Aded below for additional signatnres of added parties, other than those appearing on the cover page.) <br /> <br /> CONTRACTOR AS PRINCIPAL SURETY <br /> Company: (Corporate Seal) Company: <br /> <br />(Corporate Seal) <br /> <br />Signature: Signatnre: <br />Name and Title: Name and Title: <br />Address: Address: <br /> <br /> AIA Docume]Jt A3ze - Zlectronic Format <br /> Payment Bond 5eno N0, 5936403 <br /> <br />THIS DOCUMENT HAS iMPORTANT LEGAL CONSI~QUENCE5: CONSULTATION WITH gan ATTORNEY IS ENCOURAGED WITII RESPECT TO ITS <br />COMPLETION OR MODIFICNrlON. ALVi'HENTICKrlON OF THIS ELECTRONICALLY DIL~kXED AIA DOCklMENT MAY BE MADE BY USING AIA <br /> <br />CONTRACTOR (Nalne and Address): SL1RETY (Name and Principal Place of Business): <br />Tri-State 8trJDina. Inc. Ohio Farmers Insurance Company <br />305 11 th Street West. West Farad. ND 58078 P.O. Box 5001 <br />OWNER (Name andAddress): Westfield Center. OH 44251-5001 <br />Cass C00ntv, ND <br />120! West Main, West Fargo, ND 58078 <br /> <br />CONSTRUCTION CONTRACT Date: Auoust 27. 2002 <br /> Amonnl: N i n e ~.-~t_h$)u s a n d ~gh_L.h~.0 ~ r~xl_ ej gt] ly~i g 13 t and 85/100's--($91.888.85/ <br /> Description (Name and hocation): Proiect CH0205. Pavement markina, various locations in Cass County. ND <br /> <br />BOND <br /> Date (Not earlier than Construction Contract Date):~u~st~27, 2002 <br /> Amount: Nine One thousand eiaht hundred eiahtv eiaht and 85/100's---$91.888.85/ <br /> Modifica0ons to Otis Bond: [~q None [] See Last Pagc <br /> <br /> <br />