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8 Amounts owed by the Owner to the Contractor under <br />the Construclion Contract shall be used for the performance of <br />the Construction Contract and to satisfy claims, if any, under <br />any Construcrion Performance Bond. By lhe Contractor <br />furnishing and the Owner accepting this Bond, they agree that <br />all Studs earned by the Contractor in the performance of the <br />Construction Contract are dedicated to satisfy obfigations of <br />tbe Contractor and file Surely under this Bond, subject to the <br />Owner's priority to use the funds for lhe complelion of the <br />work. <br /> <br /> Tfie Surety shall not be liable to lbe Owner, Claimants <br />or others for obligations of the Contractor that are unrelated to <br />lhe Construclion Contract. The Owner shall not be liable for <br />payment of any costs or expends of any Clai~nant under this <br />Bond, and shall have under this Bond no obligations to make <br />payments to, give notices on behalf of, or otherwise have <br />obligations to Claimants under this Bond. <br /> <br />10 The Surety hereby waives notice of any change, <br />including changes of thne, to the Construction Contract or to <br />related subcontracts, pnrcbese orders and olher obligations. <br /> <br />11 No suit or action shall be commenced by a Claimant <br />under lhis Bond other than in a court of competent jurisdiction <br />in the location in which the work or part of the work is lo~ated <br />or after the expiralion of one year from the date 0) on which <br />the Claimant gave the notice required by Subparagraph 4,1 or <br />Clause 4.2,3, or (2) on which the last labor or sercice was <br />performed by anyone or the last materials or equipment were <br />furnished by anyone under the Construclion Contract, <br />whichever of (t) or (2) first occurs. If the provisions of lhis <br />Paragraph are void or prohibited by Iaw, the minimum period <br />of limitaBon available to sureties as a defense in the jurisdiction <br />of the suit shall be applicable. <br /> <br />]g Notice to the Surety, the Owner or the Contractor <br />shall be mailed or delivered to the address shown on the <br />signature page. Actual receipt of notice by Surety, the Owner <br />or the Contractor, however accomplished, shall be sufficient <br /> <br />compliance as of the date received at the address shown on the <br />signature page. <br /> <br />13 When this Bond has been furnished to comply with a <br />statutory or other legal requirement iix the location where the <br />construction was to be performed, any provision in this Bond <br />conflicting with said statutory or legal requirement shall be <br />deemed deleted herefrom and provisions confornring to such <br />statutory or other legal requirement shall be deelncd <br />incorporated herein. The h~tent is that this Bond shall be <br />construed as a statutory bond and not as a common law bond. <br /> <br />14 Upon request by any person or entity appearing to be <br />a potential beneficiary of this Bond, the Contractor shall <br />promptly furnish a copy of this Bond or shall permit a copy to <br />be 1nude. <br /> <br />15 DEFINITIONS <br /> <br />15.1 Clakmant: An individual or enthy having a direct <br />contract with the Contractor or with a subcontractor ogthe <br />Contraclor to furnish labor, materials or equipment for use <br /> <br />architectural and engineering services required for <br /> <br />15.2 Construction Contract: The agreement beLween <br />the Owner and the Contractor identified on the signature <br />page, including all Contract Documents and changes <br />thereto. <br /> <br />1S.g Owner Debault: Failure of the Owner, which has <br />neither been remedied nor waived, to pay the Conlractor <br />as required by the Construction Contract or to perform <br />and complete or comply with the other terms thereog <br /> <br />MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: <br /> <br />(Space is provided below for additional signatures of added pardes, other than those appearing on the cover page.) <br /> <br /> Signatur . / , <br /> Name ~ltle: ~~ Signature: <br /> /,~- / Name and Title: <br /> Addr~ ~/~ - Address: <br /> <br />(Corporate Seal) <br /> <br /> <br />