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10 The Surety shall not be liable to the Owner,Claimants or others for obligations of the Contractor that are unrelated to the Construction <br /> Contract.The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond,and shall have under this <br /> Bond no obligation to make payments to,or give notice on behalf of,Claimants or otherwise have any obligations to Claimants under this <br /> Bond. <br /> § 11 The Surety hereby waives notice of any change,including changes of time,to the Construction Contract or to related subcontracts, <br /> purchase orders and other obligations. <br /> § 12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which <br /> the project that is the subject of the Construction Contract is located or after the expiration of one year from the date(1)on which the Claimant <br /> sent a Claim to the Surety pursuant to Section 5.1.2 or 5.2,or(2)on which the last labor or service was performed by anyone or the last <br /> materials or equipment were furnished by anyone under the Construction Contract,whichever of(1)or(2)first occurs.If the provisions of this <br /> 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 <br /> be applicable. <br /> § 13 Notice and Claims to the Surety,the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their <br /> signature appears.Actual receipt of notice or Claims,however accomplished,shall be sufficient compliance as of the date received. <br /> 3 14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be <br /> performed,any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions <br /> conforming to such statutory or other legal requirement shall be deemed incorporated herein.When so furnished,the intent is that this Bond <br /> shall be construed as a statutory bond and not as a common law bond. <br /> § 15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond,the Contractor and Owner shall promptly furnish <br /> a copy of this Bond or shall permit a copy to be made. <br /> 16 Definitions <br /> § 16.1 Claim. A written statement by the Claimant including at a minimum: <br /> .1 the name of the Claimant; <br /> .2 the name of the person for whom the labor was done,or materials or equipment furnished; <br /> .3 a copy of the agreement or purchase order pursuant to which labor,materials or equipment was furnished for use in the <br /> performance of the Construction Contract; <br /> .4 a brief description of the labor,materials or equipment furnished; <br /> .5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the <br /> Construction Contract; <br /> .6 the total amount earned by the Claimant for labor,materials or equipment furnished as of the date of the Claim; <br /> .7 the total amount of previous payments received by the Claimant;and <br /> .8 the total amount due and unpaid to the Claimant for labor,materials or equipment furnished as of the date of the Claim. <br /> 16.2 Claimant. An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, <br /> materials or equipment for use in the performance of the Construction Contract. The term Claimant also includes any individual or entity that <br /> has rightfully asserted a claim under an applicable mechanics's lien or similar statute against the real property upon which the Project is <br /> located. The intent of this Bond shall be to include without limitation in the terms"labor,materials or equipment"that part of water,gas, <br /> power,light,heat,oil,gasoline,telephone service or rental equipment used in the Construction Contract,architectural and engineering services <br /> 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 <br /> be asserted in the jurisdiction where the labor,materials or equipment were furnished. <br /> § 16.3 Construction Contract. The agreement between the Owner and Contractor identified on the cover page,including all Contract <br /> Documents and all changes made to the agreement and the Contract Documents. <br /> 7 <br />