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DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA <br /> 16.1.5. The date on which the Claimant last performed labor or last furnished materials or <br /> equipment for use in the performance of the Construction Contract; <br /> 16.1.6. The total amount earned by the Claimant for labor, materials, or equipment furnished <br /> as of the date of the Claim; <br /> 16.1.7. The total amount of previous payments received by the Claimant; and <br /> 16.1.8. The total amount due and unpaid to the 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 contract with the Contractor or with a <br /> subcontractor of the Contractor to furnish labor, materials, or equipment for use in the <br /> performance of the Construction Contract. The term Claimant also includes any individual or <br /> entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute <br /> against the real property upon which the Project is located.The intent of this Bond is to include <br /> without limitation in the terms of"labor, materials, or equipment" that part of the water, gas, <br /> power, light, heat,oil,gasoline,telephone service,or rental equipment used in the Construction <br /> Contract, architectural and engineering services required for performance of the work of the <br /> Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien <br /> may be asserted in the jurisdiction where the labor, materials, or equipment were furnished. <br /> 16.3. Construction Contract—The agreement between the Owner and Contractor identified on the <br /> cover page, including all Contract Documents and all changes made to the agreement and the <br /> Contract Documents. <br /> 16.4. Owner Default—Failure of the Owner, which has not been remedied or waived, to pay the <br /> Contractor as required under the Construction Contract or to perform and complete or comply <br /> with the other material terms of the Construction Contract. <br /> 16.5. Contract Documents—All the documents that comprise the agreement between the Owner and <br /> Contractor. <br /> 17. If this Bond is issued for an agreement between a contractor and subcontractor,the term Contractor <br /> in this Bond will be deemed to be Subcontractor and the term Owner will be deemed to be Contractor. <br /> 18. Modifications to this Bond are as follows: None. <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. <br /> Page 4 of 4 <br />