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DocuSign Envelope ID:98CAB32E-1814-4C97-B61E-B14BE79B81EA <br /> Orange County,North Carolina <br /> Lake Orange Erosion Control Barrier Replacement <br /> 11 The Surety hereby waives notice of any change, including for use in the performance of the Construction <br /> changes of time,to the Construction Contract or to related Contract; <br /> subcontracts purchase orders,and other obl gations. 6 The total amount earned by the Claimant for <br /> labor, materials, or equipment furnished as of <br /> the date of the Claim- <br /> 12. No sir t or action shall be commenced by a under 7. The total amount of previous payments <br /> this Bond other than,n a court of competent lur,sdiction in received by the Claimant and <br /> the state in which the project that is the subject of the 8. The total amount due and unpaid to the <br /> Construction Contract is located or after the expirat,on of Claimant for labor, materials, or equipment <br /> one year from the date (1) on which the C a mant sent a furnished as of the date of the Claim <br /> Clam to the Surety pursuant to Paragraph 5 12 or 5.2, or <br /> (2) on which the last labor or service was performed by 16.2 Claimant: An individual or entity having a direct <br /> anyone or the -ast materials or equipment were furnished contract with the Contractor or with a <br /> by anyone under the Construction Contract. whichever of subcontractor of the Contractor to furnish labor <br /> (1)or(2)first occurs. If the provisions of this paragraph are materials,or equipment for use in the performance <br /> vo d or proh bated by law,the minimum period of limitation of the Construction Contract. The term Claimant <br /> ava lable to sureties as a defense in the jurisdiction of the also includes any individual or entity that has <br /> suit shall be applicable, r'ghtfully asserted a claim under an applicable <br /> mechanic's Gen or similar statute against the real <br /> 13. Notice and Claims to the Surety. the Owner, or the property upon which the Project is located. The <br /> Contractor shah be mailed or delivered to the address .ntent of this Bond shall be to include without <br /> shown on the page on which their signature appears, limitation in the terms of "labor, materials. or <br /> Actual receipt of notice or Clams, however accomplished, equipment" that part of the water, gas, power, <br /> shall be suffic-ent compl ante as of the date received I ght, heat,oil,gasoline,telephone service,or rental <br /> equipment used in the Construction Contract. <br /> 14 When this Bond has been furnished to comply with a architectural and engineering services required for <br /> statutory or other legal requirement in the location where performance of the work of the Contractor and the <br /> the construction was to be performed,any provision in this Contractor's subcontractors, and all other items for <br /> Bond conflicting with said statutory or legal requirement which a mechanic's lien may be asserted in the <br /> steal be deemed deeed herefrom and provisions jurisdiction where the labor. materials, or <br /> conforming to such statutory or other legal requirement equipment were furnished. <br /> shal, be deemed incorporated herein When so furnished, <br /> the intent is that th s Bond shall be construed as a statutory 16.3 Construction Contract:The agreement between the <br /> bond and not as a common law bond Owner and Contractor identified on the cover page. <br /> including all Contract Documents and all changes <br /> 15. Upon requests by any person or entity appearing to be a made to the agreement and the Contract <br /> potential benefic-ary of this Bond, the Contractor and Documents. <br /> Owner shall promptly furn sh a copy of this Bond or shall <br /> permit a copy to be made 16.4 Owner Default: Failure of the owner,which has not <br /> been remedied or waived,to pay the Contractor as <br /> 16, Definitions required under the Construction Contract or to <br /> perform and complete or comply with the other <br /> 16.1 Claim: A written statemerst by the C a,mant material terms of the Construction Contract. <br /> im.i_ding at a min-mum: <br /> 16.5 Contract Documents: All the documents that <br /> 1 "he name of the Claimant; comprise the agreement between the Owner and <br /> 'e -he name of the person for whom the labor Contractor. <br /> was d::.ne or materials or equipment <br /> furnished 17. If this Bond is issued for an agreement between a <br /> 3 A copy of the agreement or purchase order contractor and subcontractor, the term Contractor in th s <br /> pursuant to which labor, materials, or Bond shall be deemed to be Subcontractor and the term <br /> equipment was furnished for use in the Owner shall be deemed to be Contractor. <br /> performance of the Construction Contract; <br /> 4 A brief description of the labor, materials, or 18.Modifications to this Bond are as follows: <br /> equipment furnished; <br /> 1 he date on which the Claimant last performed <br /> labor or last furnished materials or equipment <br /> E)CDC•C-615,Payment Bond <br /> Copyright®2013 National Society of Professional Engineers,American Council of Engineering Companies, <br /> and American Society of Civil Engineers. All rights reserved. 3 of 3 <br />