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ed b shall be to include without limitation in the terms of <br /> (2) on which the last labor or service was perform y <br /> anyone or the last materials or equipment were furnished "labor, materials, or equipment" that part of the <br /> by anyone under the Construction Contract, whichever of water, gas, power, light, heat, oil, gasoline, <br /> (1) or(2) first occurs. If the provisions of this paragraph telephone service, or rental equipment used in the <br /> are void or prohibited by law, the minimum period of Construction Contract, architectural and <br /> limitation available to sureties as a defense in the engineering services required for performance of <br /> jurisdiction of the suit shall be applicable. the work of the Contractor and the Contractor's <br /> subcontractors, and all other items for which a <br /> 13. Notice and Claims to the Surety, the Owner, or the mechanic's lien may be asserted in the jurisdiction <br /> Contractor shall be mailed or delivered to the address where the labor, materials, or equipment were <br /> ' shown on the page on which their signature appears. furnished. <br /> Actual receipt of notice or Claims,however accomplished, <br /> shall be sufficient compliance as of the date received. 16.3 Construction Contract: The agreement between <br /> ' the Owner and Contractor identified on the cover <br /> 14. When this Bond has been furnished to comply with a page, including all Contract Documents and all <br /> statutory or other legal requirement in the location where changes made to the agreement and the Contract <br /> the construction was to be performed,any provision in this Documents. <br /> ' Bond conflicting with said statutory or legal requirement <br /> shall be deemed deleted herefrom and provisions 16.4 Owner Default: Failure of the Owner, which has <br /> conforming to such statutory or other legal requirement not been remedied or waived,to pay the Contractor <br /> shall be deemed incorporated herein. When so furnished, as required under the Construction Contract or to <br /> ' the intent is that this Bond shall be construed as a statutory perform and complete or comply with the other <br /> bond and not as a common law bond. material terms of the Construction Contract. <br /> 15. Upon requests by any person or entity appearing to be a 16.5 Contract Documents: All the documents that <br /> ' potential beneficiary of this Bond, the Contractor and comprise the agreement between the Owner and <br /> Owner shall promptly furnish a copy of this Bond or shall Contractor. <br /> permit a copy to be made. <br /> 17. If this Bond is issued for an agreement between a <br /> 16. Definitions contractor and subcontractor, the term Contractor in this <br /> Bond shall be deemed to be Subcontractor and the term <br /> 16.1 Claim: A written statement by the Claimant Owner shall be deemed to be Contractor. <br /> including at a minimum: <br /> 18.Modifications to this Bond are as follows: <br /> 1. The name of the Claimant; <br /> 2. The name of the person for whom the labor <br /> ' was done,or materials or equipment furnished; <br /> 3. A copy of the agreement or purchase order <br /> pursuant to which labor, materials, or <br /> equipment was furnished for use in the <br /> ' performance of the Construction Contract; <br /> 4. A brief description of the labor, materials, or <br /> equipment furnished; <br /> 5. The date on which the Claimant last performed <br /> ' labor or last furnished materials or equipment <br /> for use in the performance of the Construction <br /> Contract; <br /> 6. The total amount earned by the Claimant for <br /> ' labor, materials, or equipment furnished as of <br /> the date of the Claim; <br /> 7. The total amount of previous payments <br /> received by the Claimant;and <br /> ' 8. The total amount due and unpaid to the <br /> Claimant for labor, materials, or equipment <br /> furnished as of the date of the Claim. <br /> ' 16.2 Claimant: An individual or entity having a direct <br /> contract with the Contractor or with a subcontractor <br /> of the Contractor to furnish labor, materials, or <br /> ' equipment for use in the performance of the <br /> Construction Contract. The term Claimant also <br /> includes any individual or entity that has rightfully <br /> asserted a claim under an applicable mechanic's <br /> lien or similar statute against the real property upon <br /> which the Project is located.The intent of this Bond <br /> EJCDC C-615,Payment Bond <br /> Published December 2010 by the Engineers Joint Contract Documents Committee. <br /> Page 3 of 3 <br />