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DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA
<br /> 1. The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors,
<br /> administrators, successors, and assigns to the Owner to pay for labor, materials, and equipment
<br /> furnished for use in the performance of the Construction Contract, which is incorporated herein by
<br /> reference, subject to the following terms.
<br /> 2. If the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies,
<br /> and holds harmless the Owner from claims, demands, liens, or suits by any person or entity seeking
<br /> payment for labor, materials, or equipment furnished for use in the performance of the Construction
<br /> Contract,then the Surety and the Contractor shall have no obligation under this Bond.
<br /> 3. If there is no Owner Default under the Construction Contract, the Surety's obligation to the Owner
<br /> under this Bond will arise after the Owner has promptly notified the Contractor and the Surety(at the
<br /> address described in Paragraph 13) of claims, demands, liens, or suits against the Owner or the
<br /> Owner's property by any person or entity seeking payment for labor, materials, or equipment
<br /> furnished for use in the performance of the Construction Contract, and tendered defense of such
<br /> claims, demands, liens, or suits to the Contractor and the Surety.
<br /> 4. When the Owner has satisfied the conditions in Paragraph 3, the Surety shall promptly and at the
<br /> Surety's expense defend, indemnify, and hold harmless the Owner against a duly tendered claim,
<br /> demand, lien, or suit.
<br /> 5. The Surety's obligations to a Claimant under this Bond will arise after the following:
<br /> 5.1. Claimants who do not have a direct contract with the Contractor
<br /> 5.1.1. have furnished a written notice of non-payment to the Contractor, stating with
<br /> substantial accuracy the amount claimed and the name of the party to whom the
<br /> materials were, or equipment was, furnished or supplied or for whom the labor was
<br /> done or performed, within ninety (90) days after having last performed labor or last
<br /> furnished materials or equipment included in the Claim; and
<br /> 5.1.2. have sent a Claim to the Surety(at the address described in Paragraph 13).
<br /> 5.2. Claimants who are employed by or have a direct contract with the Contractor have sent a Claim
<br /> to the Surety(at the address described in Paragraph 13).
<br /> 6. If a notice of non-payment required by Paragraph 5.1.1 is given by the Owner to the Contractor, that
<br /> is sufficient to satisfy a Claimant's obligation to furnish a written notice of non-payment under
<br /> Paragraph 5.1.1.
<br /> 7. When a Claimant has satisfied the conditions of Paragraph 5.1 or 5.2, whichever is applicable, the
<br /> Surety shall promptly and at the Surety's expense take the following actions:
<br /> 7.1. Send an answer to the Claimant, with a copy to the Owner, within sixty (60) days after receipt
<br /> of the Claim,stating the amounts that are undisputed and the basis for challenging any amounts
<br /> that are disputed; and
<br /> 7.2. Pay or arrange for payment of any undisputed amounts.
<br /> 7.3. The Surety's failure to discharge its obligations under Paragraph 7.1 or 7.2 will not be deemed
<br /> to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim,
<br /> except as to undisputed amounts for which the Surety and Claimant have reached agreement.
<br /> If, however, the Surety fails to discharge its obligations under Paragraph 7.1 or 7.2, the Surety
<br /> shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs thereafter
<br /> to recover any sums found to be due and owing to the Claimant.
<br /> EJCDC®C-615,Payment Bond.
<br /> Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies,
<br /> and American Society of Civil Engineers.All rights reserved.
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