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<br /> on the signature page of this Bond), and all notices to City shall be mailed or delivered <br /> as provided in Document 00520 (Agreement). Actual receipt of notice by Surety, City or <br /> Contractor, however accomplished, shall be sufficient compliance as of the date <br /> received at the foregoing addresses. <br />11. Any provision in this Bond conflicting with any statutory or regulatory requirement shall <br /> be deemed deleted herefrom and provisions conforming to such statutory requirement <br /> shall be deemed incorporated herein. <br />12. Definitions <br /> 12.1 Balance of the Contract Sum: The total amount payable by City to Contractor <br /> pursuant to the terms of the Construction Contract after all proper adjustments <br /> have been made under the Construction Contract, for example, deductions for <br /> progress payments made, and increases/decreases for approved MOdifications to <br /> the Construction Contract. <br /> 12.2 City Default: Material failure of City, Which has neither been remedied nor waived, <br /> to pay Contractor progress payments due under the Construction Contrad or to <br /> perform other material terms of the Construction Contract, if such failure is the <br /> cause of the asserted Contractor Default and is sufficient to justify Contractor <br /> termination of the Construction Contrad. <br /> 12.3 ConstnJction Contract: The agreement between City and Contractor identified on <br /> the signature page of this Bond, including all Contract Documents and changes <br /> thereto. <br /> 12.4 Contractor Default: Material failure of Contractor, which has neither been remedied <br /> nor waived, to perform or otherwise to comply with the terms of the Construction <br /> Contract including, but not limited to, "defaulr or, any other condition allowing a <br /> termination for cause as provided in Document 00700 (General Conditions). <br />I 880.o01\ZU3231.2 00610-4 <br />CONSTRUCTION PERFORMANCE BOND <br /> ._- <br />