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Bond, and shall have nnder this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. e 1 0 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 11 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the work or part of the work is located or after the expiration of one year from the date (I) on which the Claimant gave the notice required by Subparagraph 4. I or Clause 4.2.3, or (2) on which the last labor or serv.ice was perfol1ned by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished, shall he sufficient compliance as of the date received at the address shown on the signature page. 13 When this Bond has been furnished to comply with a Astatutory or other legal requirement in the location where the _ construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions confonning to such statutory or other legal requirement shall be deemed incorporated herein. 111e intent is that this Bond shall be construed as a statutory bond and not as a common law bond. MODIFICATiONS TO THIS BOND ARE AS FOLLOWS: 14 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall promptly furnish a copy of this Bond or shall pennit a copy to be made. 15 DEFINITIONS 15.1 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that pan of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished, 15.2 Construction Contract: The agreement between the Owner and the Conn'actor identified on the signature page, including all Contract Documents and changes thereto. 15.3 Owner Default: failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) Signature: Name and Title: SURETY Company: (Corporate Seal) Signature; Name and Title: AAIA DOCUMENT A312. PERFORMANCE BOND AND PAYMENT BOND. DECEMBER 1984 ED. . AtA Q1). THE AMERICAN tNSTITUTE OF _ARCHITECTS. 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C., 20006-5292 . THIRD PRINTING' MARCH 1987,. WARNING: Unlicensed 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 reproduced without violation until the date of expiration as noted below. Electronic Format A312- 1984 User Document: HYDRO-PERf.DOC -- 11/1511999. AlA License Number 110988, which expires on 12/6/2000 -- Page #7