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CCP 11-29-1999
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CCP 11-29-1999
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<br />Bond, and shall have nnder 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 />e 1 0 The Surety hereby waives notice of any change, <br />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 <br />under this Bond other than in a court of competent <br />jurisdiction in the location in which the work or part of the <br />work is located or after the expiration of one year from the <br />date (I) on which the Claimant gave the notice required by <br />Subparagraph 4. I or Clause 4.2.3, or (2) on which the last <br />labor or serv.ice was perfol1ned by anyone or the last <br />materials or equipment were furnished by anyone under the <br />Construction Contract, whichever of (1) or (2) first occurs. If <br />the provisions of this Paragraph are void or prohibited by <br />law, the minimum period of limitation available to sureties as <br />a defense in the jurisdiction of the suit shall be applicable <br /> <br />12 Notice to the Surety, the Owner or the Contractor shall <br />be mailed or delivered to the address shown on the signature <br />page. Actual receipt of notice by Surety, the Owner or the <br />Contractor, however accomplished, shall he sufficient <br />compliance as of the date received at the address shown on <br />the signature page. <br /> <br />13 When this Bond has been furnished to comply with a <br />Astatutory or other legal requirement in 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 confonning to such <br />statutory or other legal requirement shall be deemed <br />incorporated herein. 111e intent is that this Bond shall be <br />construed as a statutory bond and not as a common law bond. <br /> <br />MODIFICATiONS TO THIS BOND ARE AS FOLLOWS: <br /> <br />14 Upon request by any person or entity appearing to be a <br />potential beneficiary of this Bond, the Contractor shall <br />promptly furnish a copy of this Bond or shall pennit a copy to <br />be made. <br /> <br />15 DEFINITIONS <br /> <br />15.1 Claimant: An individual or entity having a direct <br />contract with the Contractor or with a subcontractor of <br />the Contractor to furnish labor, materials or equipment <br />for use in the performance of the Contract. The intent of <br />this Bond shall be to include without limitation in the <br />terms "labor, materials or equipment" that pan of water, <br />gas, power, light, heat, oil, gasoline, telephone service or <br />rental equipment used in the Construction Contract, <br />architectural and engineering services required for <br />performance of the work of the Contractor and the <br />Contractor's subcontractors, and all other items for which <br />a mechanic's lien may be asserted in the jurisdiction <br />where the labor, materials or equipment were furnished, <br /> <br />15.2 Construction Contract: The agreement between <br />the Owner and the Conn'actor identified on the signature <br />page, including all Contract Documents and changes <br />thereto. <br /> <br />15.3 Owner Default: failure of the Owner, which has <br />neither been remedied nor waived, to pay the Contractor <br />as required by the Construction Contract or to perform <br />and complete or comply with the other terms thereof. <br /> <br />(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) <br /> <br />CONTRACTOR AS PRINCIPAL <br />Company: <br /> <br />(Corporate Seal) <br /> <br />Signature: <br />Name and Title: <br /> <br />SURETY <br />Company: <br /> <br />(Corporate Seal) <br /> <br />Signature; <br />Name and Title: <br /> <br />AAIA DOCUMENT A312. PERFORMANCE BOND AND PAYMENT BOND. DECEMBER 1984 ED. . AtA Q1). THE AMERICAN tNSTITUTE OF <br />_ARCHITECTS. 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C., 20006-5292 . THIRD PRINTING' MARCH 1987,. WARNING: Unlicensed <br />photocopying violates U.S. copyright laws and is subject to legal prosecution. This document was eJectromcally produced With pemllSslOn of the AlA and can be <br />reproduced without violation until the date of expiration as noted below. <br /> <br />Electronic Format A312- 1984 <br />User Document: HYDRO-PERf.DOC -- 11/1511999. AlA License Number 110988, which expires on 12/6/2000 -- Page #7 <br />
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