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' two ears after the Contractor ceased working or within two ears 14.2 Construction Contract: The agreement between the <br /> Y g Y � <br /> after the Surety refuses or fails to perform its obligations under this Owner and Contractor identified on the cover page,including all <br /> Bond,whichever occurs first If the provisions of this paragraph are Contract Documents and changes made to the agreement and the <br /> void or prohibited by law, the minimum periods of limitations Contract Documents. <br /> available to sureties as a defense in the jurisdiction of the suit shall be <br /> ' applicable. 14.3 Contractor Default:Failure of the Contractor,which has <br /> not been remedied or waived,to perform or otherwise to comply <br /> 12. Notice to the Surety,the Owner,or the Contractor shall be mailed with a material term of the Construction Contract. <br /> or delivered to the address shown on the page on which their signature <br /> appears. 14.4 Owner Default: Failure of the Owner, which has not <br /> been remedied or waived,to pay the Contractor as required under <br /> 13. When this Bond has been furnished to comply with a statutory or the Construction Contract or to perform and complete or comply <br /> other legal requirement in the location where the construction was to with the other material terms of the Construction Contract. <br /> be performed, any provision in this Bond conflicting with said <br /> statutory or legal requirement shall be deemed deleted herefrom and 14.5 Contract Documents: All the documents that comprise <br /> provisions conforming to such statutory or other legal requirement the agreement between the Owner and Contractor. <br /> shall be deemed incorporated herein. When so furnished,the intent is <br /> ' that this Bond shall be construed as a statutory bond and not as a 15. If this Bond is issued for an agreement between a contractor and <br /> common law bond. subcontractor,the term Contractor in this Bond shall be deemed to be <br /> Subcontractor and the term Owner shall be deemed to be Contractor. <br /> 14. Definitions <br /> 16. Modifications to this Bond are as follows: <br /> 14.1 Balance of the Contract Price:The total amount payable <br /> by the Owner to the Contractor under the Construction Contract <br /> after all proper adjustments have been made including allowance <br /> for the Contractor for any amounts received or to be received by <br /> the Owner in settlement of insurance or other claims for damages <br /> to which the Contractor is entitled, reduced by all valid and <br /> proper payments made to or on behalf of the Contractor under the <br /> Construction Contract. <br /> EJCDC C-610—Performance Bond <br /> Published December 2010 by the Engineers Joint Contract Documents Committee. <br /> ' Page 3 of 3 <br />