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LABOR AND MATERIAL PAYMENT BOND
<br /> NOW, THEREFORE, THE CONDITION OF THIS OBt1GATION is such that, if Principal shall promptly make payment to all
<br /> claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the
<br /> Contract, then this obligation shall be void; otherwise it shall remain in full force and effect,subject,however, to the fol-
<br /> lowing conditions:
<br /> 1. A claimant is defined as one having a direct con- accuracy the amount claimed and the name of the party
<br /> tract with the Principal or with a Subcontractor of the to whom the materials were furnished, or for whom
<br /> Principal for labor, material, or both, used or reasonably the work or labor was done or performed. Such notice
<br /> required for use in the performance of the Contract, shall be served by mailing the same by registered mail
<br /> labor and material being construed to include that part of or certified mail, postage prepaid, in an envelope ad-
<br /> water, gas, power, light, heat, oil, gasoline, telephone dressed to the Principal, Owner or Surety, at any place
<br /> service or rental of equipment directly applicable to the where an office is regularly maintained for the trans-
<br /> Contract, action of business, or served in any manner in which
<br /> legal process may be served in the state in which the
<br /> 2. The above named Principal and Surety hereby aforesaid project is located, save that such service need
<br /> jointly and severally agree with the Owner that every not be made by a public officer.
<br /> claimant as herein defined, who has not been paid in b) After the expiration of one (1) year following the
<br /> full before the expiration of a period of ninety (90) date on which Principal ceased Work on said Contract,
<br /> days after the date on which the last of such claimants It being understood, however, that if any limitation em-
<br /> work or labor was done or performed, or materials were bodied in this bond is prohibited by any law controlling
<br /> furnished by such claimant, may sue on this bond for the construction hereof such limitation shall be deemed
<br /> the use of such claimant, prosecute the suit to final to be amended so as to be equal to the minimum period
<br /> judgment for such sum or sums as may be justly due of limitation permitted by such law.
<br /> claimant, and have execution thereon. The Owner shall
<br /> ci Other than
<br /> not be liable for the payment of any costs or expenses in a state court of competent jurisdiction
<br /> of any such suit. In and for the county or other political subdivision of
<br /> the state in which the Project, or any part thereof, is
<br /> 3. No suit or action shall be commenced hereunder situated, or in the United States District Court for the
<br /> by any claimant: district in which the Project, or any part thereof, is sit-
<br /> uated, and not elsewhere.
<br /> a) Unless claimant, other than one having a direct
<br /> contract with the Principal, shall have given written 4. The amount of this bond shall be reduced by and
<br /> notice to any two of the following: the Principal, the to the extent of any payment or payments made in good
<br /> Owner, or the Surety above named, within ninety (90) faith hereunder, inclusive of the payment by Surety of
<br /> days after such claimant did or performed the last of mechanics' liens which may be filed of record against
<br /> the work or labor, or furnished the last of the materials said improvement, whether or not claim for the amount
<br /> for which said claim is made, stating with substantial of such lien be presented under and against this bond.
<br /> Signed and sealed this 2nd day of March, 1995
<br /> - Sparrow & Sons, Inc.
<br /> (Principal) tseal)
<br /> Wttnt
<br /> 717T (Title)
<br /> Great American Insurance Company
<br /> (Surety) (seal)
<br /> f
<br /> rte,, (Titlr)
<br /> .<c,r:s A, slL. Walter J. Snider, Attorney—in—Fact
<br /> F L:. -TIOt Y cu shoo `, s, c Ct IGtn-h Air co rT e 1+,hF: nz,7 to cautio7,. orinte-. "- re?
<br /> P.n oricin_�l essure_ C::l_nve 1.,:, ct ::,e Q :!:.6 c m .= cc--:-,r wnen aczuments z,e renro3uce:
<br /> AIA DOCUMENT A311 • PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND • AIA O 4
<br /> FEBRUARY 1970 ED.•THE AMERICAN INSTITUTE OF ARCHITECTS, 1715 N Y.AVE., N.W.,WASHINGTON,D. C. 2!)006
<br /> WARNING: Unlicensed photocopying violates U.S.trademark laws and is subject to legal prosecution.
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