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1. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators,
<br /> successors, and assigns to Owner to pay for labor, materials, and equipment furnished by Claimants for use
<br /> in the performance of the Contract, which is incorporated herein by reference.
<br /> 2. With respect to Owner, this obligation shall be null and void if Contractor:
<br /> 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and
<br /> 2.2 Defends, indemnifies, and holds harmless Owner from all claims, demands, liens, or suits alleging
<br /> non-payment by Contractor by any person or entity who furnished labor, materials, or equipment
<br /> for use in the performance of the Contract, provided Owner has promptly notified Contractor and
<br /> Surety (at the addresses described in Paragraph 12) of any claims, demands, liens, or suits and
<br /> tendered defense of such claims, demands, liens, or suits to Contractor and Surety, and provided
<br /> there is no Owner Default.
<br /> 3. With respect to Claimants, this obligation shall be null and void if Contractor promptly makes payment,
<br /> directly or indirectly, for all sums due.
<br /> 4. Surety shall have no obligation to Claimants under this Bond until:
<br /> 4.1 Claimants who are employed by or have a direct contract with Contractor have given notice to
<br /> Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to Owner,
<br /> stating that a claim is being made under this Bond and,with substantial accuracy, the amount of the
<br /> claim.
<br /> 4.2 Claimants who do not have a direct contract with Contractor:
<br /> 1. Have furnished written notice to Contractor and sent a copy, or notice thereof, to Owner, within
<br /> 90 days after having last performed labor or last furnished materials or equipment included in the
<br /> claim stating, with substantial accuracy, the amount of the claim and the name of the party to
<br /> whom the materials or equipment were furnished or supplied, or for whom the labor was done or
<br /> performed; and
<br /> 2. Have either received a rejection in whole or in part from Contractor, or not received within 30
<br /> days of furnishing the above notice any communication from Contractor by which Contractor had
<br /> indicated the claim will be paid directly or indirectly; and
<br /> 3. Not having been paid within the above 30 days, have sent a written notice to Surety (at the
<br /> address described in Paragraph 12) and sent a copy, or notice thereof, to Owner, stating that a
<br /> claim is being made under this Bond and enclosing a copy of the previous written notice
<br /> furnished to Contractor.
<br /> 5. If a notice by a Claimant required by Paragraph 4 is provided by Owner to Contractor or to Surety, that is
<br /> sufficient compliance.
<br /> 6. Reserved.
<br /> 7. Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be
<br /> credited for any payments made in good faith by Surety.
<br /> 8. Amounts owed by Owner to Contractor under the Contract shall be used for the performance of the
<br /> Contract and to satisfy claims, if any, under any performance bond. By Contractor furnishing and Owner
<br /> accepting this Bond, they agree that all funds earned by Contractor in the performance of the Contract are
<br /> dedicated to satisfy obligations of Contractor and Surety under this Bond, subject to Owner's priority to use
<br /> the funds for the completion of the Work.
<br /> 9. Surety shall not be liable to Owner, Claimants, or others for obligations of Contractor that are unrelated
<br /> to the Contract. Owner shall not be liable for payment of any costs or expenses of any Claimant under this
<br /> Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or
<br /> otherwise have obligations to Claimants under this Bond.
<br /> {MW001504;1} EJCDC C-615(A)Payment Bond March 2008
<br /> Prepared by the Engineers Joint Contract Documents Committee.
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