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<br />3. No suit or action shall be conunenced hereunder by any claimant: <br />(a) Unless claimant, other than one having a direct contract with the Principal. shall have given written notice to any two of <br />tbe following: The Principal the Owner or the Surety above named, within Ninety (90) days after such claimant <br />did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with <br />substantial accuracy the amount claimed and the name of the party to whom the materials were furnished. or for whom the work or <br />labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in <br />an envelope addressed to the Principal, Owner or Surety. at any place where an office is regularly maintained for the transaction of <br />business, or served in any manner in which legal process may be served in the state in which the aforesaid project is located, save that <br />such service need not be made by a public officer. <br />(b) After the expiration of one (1) year following the date on which Principal ceased work on said Contract. it being <br />understood. however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such <br />limitation shall be deemed to be amended so as to be equal to the minimum period of limitation pennitted by such law. <br />(c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in <br />which the project, or any part thereof, is situated, or in the United States District Court for the district in which the project. or any part <br />thereof, is situated, and not elsewhere. <br />4. The amount of this bond shall be reduced by an to the extent of any payment or payments made in good faith hereunder, <br />inclusive of tbe payment by Surety of mechanics' liens which may be filed of record against said improvement, whether or not claim <br />for the amount of such lien be presented under and against this bond. <br /> <br />Signed and sealed this <br /> <br />24th <br /> <br />day of <br /> <br />September <br /> <br />AD., <br /> <br />2009 <br /> <br />Jurat Attached <br /> <br />By: <br /> <br /> <br />(Sl;Al.) <br /> <br />] n the presence of: <br /> <br />By: <br /> <br />GtI(J~~ <br />Title <br /> <br />(SEA l.) <br /> <br />C309Iile--IOM,ll-90 2325(;9 <br />Approved byThu AmerioiO 11l5tilule or I\TChitc~I~.I\.l.A. I:)aeumellt <br />No. A-Jll FcbnlllIY 1970 Editioll. <br /> <br />