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10. Surety hereby waives notice of any change, including changes of time, to the Contract or to related <br /> subcontracts, purchase orders, and other obligations. <br /> 11. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent <br /> jurisdiction in the location in which the Work or part of the Work is located or after the expiration of one <br /> year from the date (1) on which the Claimant gave the notice required by Paragraph 4.1 or Paragraph 4.2.3, <br /> or (2) on which the last labor or service was performed by anyone or the last materials or equipment were <br /> furnished by anyone under the 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 <br /> in the jurisdiction of the suit shall be applicable. <br /> 12. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the addresses shown on the <br /> signature page. Actual receipt of notice by Surety, Owner, or Contractor, however accomplished, shall be <br /> sufficient compliance as of the date received at the address shown on the signature page. <br /> 13. 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 /> 14. Upon request of any person or entity appearing to be a potential beneficiary of this Bond, Contractor <br /> shall promptly furnish a copy of this Bond or shall permit a copy to be made. <br /> 15. Definitions <br /> 15.1 Claimant: An individual or entity having a direct contract with Contractor, or with a first-tier <br /> subcontractor of Contractor, to furnish labor, materials, or equipment for use in the performance of <br /> the Contract. The intent of this Bond shall be to include without limitation in the terms "labor, <br /> materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service, <br /> or rental equipment used in the Contract, architectural and engineering services required for <br /> performance of the Work of Contractor and Contractor's subcontractors, and all other items for <br /> which a mechanic's lien may be asserted in the jurisdiction where the labor, materials, or <br /> equipment were furnished. <br /> 15.2 Contract: The agreement between Owner and Contractor identified on the signature page, <br /> including all Contract Documents and changes thereto. <br /> 15.3 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): 603-669-0704 <br /> (MW001504;1) EJCDC C-615(A)Payment Bond March 2008 <br /> Prepared by the Engineers Joint Contract Documents Committee. <br /> Page 3 of 3 <br />