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CONTRACTOR AS PRINCIPAL Company: Tri-State StriDino. /~nc.(Corporate Seal) (Ally ~ page) Name and T~e.' I Rebecca J. He~er A~0rnev i~-.:.ct Address arm Telephonefl AGENT or BROKER: Dawson Insuranoe Aaencv. Inc. OWNEWS REPRESENTATIVE (Arcbetect, Engineer or other party): P. O Box 1958. Fame. ND 58107 t7011237-3311 1 The Contractor and the Surety, jointly and severally bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materiah and equipment furnished for use in the performance of the Construclion Contracl, which is incorporaled herein by 2 With respect to the Owner, this oblJgairon shall be null and void if the Contractor: 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2 Defends, indemnifies and holds hamfless the and the Surety (at lhe address described in Paragraph ~2) of any claims, demands, liens or suits and tendered defense of With respect to Claimants, this obligation trail be null and void if the Contractor promptly makes payment, directly or indirectly, for all sums due. under this Bond until: Claimants who are employed by or have a direct and sent a copy, or nolice thereof, to the Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, wilh substantial accuracy, the amount of the claim and the name of the party lo whom the materials were fumlshed or supplied or for whom the labor was done or perfommd; and .2 Nave either received a rejection in whole or ill part from the Contractor, or not received within 30 days of filmishing the above notice any communication from the Contractor by which the Conlractor has indicated the claim will be paid directly or indirectly; and .] Not having been paid within the above 30 days, have sent a written notice to the Surety (at die address described in Paragraph m) and senl a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous writlen notice fi~rnished to the Contractor. 5 If a notice required by Paragraph 4 is given by the Owner to the Contractor or to the Surety, that is suftiaient compliance. 6 When the Claimant has satisfied the conditions of Paragraph 4, the Surety shall promplly and at lhe Surely's expense take the following actions: 6.] Send an answer to lhe Claimant, with a copy to the Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts lhat are dispuled. 6.2 Pay or arrange for payment of any undisputed 7 Tile Surety's total obligation shall nol exceed lhe amount of this Bond, and the amount of this Bond shall be crediled for any paymenls made in good faith by the Surety. © 1984 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, NW, WASHINGTON, D C, 2COO6-5292 AIA DOCUMENT A312 · PERFORMANCE BOND AND PAYMENT BOND · DECEMBER 1984 ED, · AIA® · THIRD PRINTING · MARCH 1987 · WARNING: Unlicensed photocopying vlo]ates U.S copyridht laws and is subject to ]ega] prosecution This document was e[ectron]cMly produced with permission GE the AIA and can be reproduced in accordance with your [icense without violation until the date ~f expiration a~ noted below. User Document: trist aia - - 8/29/2oo2 AIA License Number ]O10302, which expire5 on 4/30/2003.