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<br />NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION Is such that, if Principal shan promptly make payment to all
<br />claimants as hereinafter defined, for aillabar and materia , used or reasonably required for use in the performance of the Contract,
<br />then this obligation shall be void; otherwise it shalt remain in full force and effect, subject, however, to the foIlo1NIng conditions:
<br />
<br />1. A dalmant Is defined as one having a direct contract with
<br />the Principal or with a Subcontractor of the Principal for labor,
<br />material, or both, used or reasonably required for use in the
<br />performance of the Contract, labor and material being
<br />construed to Include that part of water, gas, power, light, heat,
<br />oil, gasoline, telephone service or rental of equipment directly
<br />applicable to the Contract.
<br />
<br />2. The above named Principal and Surety hereby jointly and
<br />severally agree with the Owner that every claimant as herein
<br />defined, ~o has not been paid in full before the expiration of
<br />a period of ninety (90) days after the date on which the last of
<br />such claimant's work or labor was done or performed, or
<br />maœrials were' furnished by such claimant, may sue on this
<br />bond for the use of such claimant, prosecute the suit to final
<br />judgm'"t for such sum or sums as may be justly due claimant,
<br />and have execution thereon. The Owner shall not be liable for
<br />the payment of any costs or ~penses of any such suiL
<br />
<br />3. No suit or action shall be commenced hereunder by any
<br />claimant
<br />
<br />a) Unless claimant, other than one having a. direct contract
<br />with the Principal, shall have given written notice to any two of
<br />the foHowing: the Principal, the Owner, or the Surety above
<br />named, within ninety (90) days after such claimant did or
<br />performed the last of the work or labor, or furnished the last of
<br />the materials for which said claim is made, stating with
<br />substantial accuracy the amount claimed and the name .of the
<br />party to whom the materials were furnished, or for whom the
<br />
<br />Signed and sealed this
<br />
<br />day of
<br />
<br />19
<br />
<br />(Witn...)
<br />
<br />(Witnesa)
<br />
<br />work or labor was done or performed. Such notice shall be
<br />served by mailing the same by registered mail or certified mail;
<br />postage prepaid, In an envelope addressed to the Principal, '
<br />Owner or Surety, at any place where an office Is regularly
<br />maintained for the \l"ansactlon of business, or served In any
<br />manner in which legal process may be served in the state In
<br />which the aforesaid project is located, save that such service
<br />need not be made by a public officer.
<br />
<br />b) After the expiration of one (1) year following the date on
<br />which Principal ceased Work on said Contract, it .being
<br />understood, however, that if any limitation embodied In this
<br />bond is prohibited by any law controlling the construction
<br />hereof such hmitation shall be deemed to be amended so as to
<br />be equal to the minimum period of limitation permitted by
<br />such law.
<br />
<br />c) Other than in a state court of competent jurisdiction in and
<br />for the county or other political subdivision of the state in
<br />which the Project, or any 'part thereof, Is situated, or in the
<br />United States District Court for the district In which the
<br />Proj~t, or any part thereof, Is situated, and not ëlsewhere.
<br />
<br />4. The amount of this bond shah be .reduced by and to the
<br />extent of any payment or payments made in good faith
<br />hereunder, inclusive of the payment by Surety of mechanics'
<br />liens which may be filed ofrec:ord against said improvement,
<br />whether or not claim for the amount of such lien be presented
<br />under and against this bond.
<br />
<br />February, 2002
<br />
<br />Brid er Construction
<br />
<br />(Principel)
<br />
<br />(SooJ)
<br />
<br />B:
<br />
<br />(Title)
<br />
<br />Great American Insurance Com pany
<br />{ . ,--
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />By: ~!<-. ~.-L.-"
<br />
<br />M.R. Pr nger Attorney-in-Fact
<br />
<br />_,- . PERFOFIMANCE IIONO ÞWJ LABOR ÞWJ MATERIAl PAYMENT IIONO' AlA œ
<br />ÆBRUARV 1870 !D. . TIll! AMERICAN INSTIM'I! OF AllCHIT!CTS, 1736 N. v. AVE., N.W., WASHINGTCN, D.C. :10008
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