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5.1 The responsibilities of Contractor for correction of defective Work and completion of the Contract; <br /> 5.2 Additional legal, design professional, and delay costs resulting from Contractor's Default, and <br /> resulting from the actions of or failure to act of Surety under Paragraph 3; and <br /> 5.3 Liquidated damages, or if no liquidated damages are specified in the Contract, actual damages <br /> caused by delayed performance or non-performance of Contractor. <br /> 6. Surety shall not be liable to Owner or others for obligations of Contractor that are unrelated to the <br /> Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such <br /> unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than Owner <br /> or its heirs, executors, administrators, or successors. <br /> 7. Surety hereby waives notice of any change, including changes of time, to Contract or to related <br /> subcontracts, purchase orders, and other obligations. <br /> 8. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent <br /> jurisdiction in the location in which the Work or part of the Work is located, and shall be instituted within <br /> two years after Contractor Default or within two years after Contractor ceased working or within two years <br /> after Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the <br /> provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to <br /> sureties as a defense in the jurisdiction of the suit shall be applicable. <br /> 9. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the address shown on the signature <br /> page. <br /> 10. When this Bond has been furnished to comply with a statutory requirement in the location where the <br /> Contract was to be performed, any provision in this Bond conflicting with said statutory requirement shall be <br /> deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed <br /> incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common <br /> law bond. <br /> 11. Definitions. <br /> 11.1 Balance of the Contract Price: The total amount payable by Owner to Contractor under the <br /> Contract after all proper adjustments have been made, including allowance to Contractor of any <br /> amounts received or to be received by Owner in settlement of insurance or other Claims for <br /> damages to which Contractor is entitled, reduced by all valid and proper payments made to or on <br /> behalf of Contractor under the Contract. <br /> 11.2 Contract: The agreement between Owner and Contractor identified on the signature page, <br /> including all Contract Documents and changes thereto. <br /> 11.3 Contractor Default: Failure of Contractor, which has neither been remedied nor waived, to perform <br /> or otherwise to comply with the terms of the Contract. <br /> 11.4 Owner Default: Failure of Owner, which has neither been remedied nor waived, to pay Contractor <br /> as required by the Contract or to perform and complete or otherwise comply with the other terms <br /> thereof. <br /> FOR INFORMATION ONLY—(Name,Address and Telephone) IIA, INC. DBA INFANTINE INSURANCE <br /> Surety Agency or Broker: P.O. BOX 5125, MANCHESTER, NH 03108 <br /> Owner's Representative(Engineer or other party): 603-669-0704 <br /> EJCDC C-610 Performance Bond <br /> Prepared by the Engineers Joint Contract Documents Committee. <br /> Page 3 of 3 <br />