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$ 12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdictio-n in the itut" in which the project that is the subject ofthe Construction Contract is located or after the expiration ofone year from the date(l)onwhichiheClaimantsentaClaimtotheSuretypursuanttoSection 5.1.2or5.2,or (2)onwhichthelastlaboror service'was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (lj or (Z; nrst occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation avaiia|le to sureties as a defense in the jurisdiction of the suit shall be applicable. $ 13 Notice and Claims to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the iug" on which their signature upp"urr. Actual receipt of notice or Claims, however accomplished, shall be sufficient compliance as of the date received. $ 14 when this Bond has been fumished to comply with a statutory or other legal requirement in the location where the ionstruction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond' $ 1S Upon request by any person or entity appearing to be a potential beneficiary ofthis Bond, the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. $'16 Definitions $ 16.1 Claim. A written statement by the Claimant including at a minimum: .1 the name of the Claimant; .2 the name of the person for whom the labor was done, or materials or equipment furnished; .3 a copy of the agreement or purchase order pursuant to which labor, materials or equipment was furnished for use in the performance of the Construction Contract; ,4 a brief description of the labor, materials or equipment furnished; .5 the date on which the Claimant last performed lubor or last fumished materials or equipment for use in the performance of the Construction Contract; .6 the total amount earned by the Claimant for labor, materials or equipment fumished as of the date of the Claim; .7 the total amount of previous payments received by the Claiman! and .8 the total amount dui and unpaid to the Claimant for labor, materials or equipment furnished as of the date of the Claim. $ 16.2 Claimant. An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to iurnish labor, materials or equipment for use in the performance of the Construction Contract. The term Claimant also includes any individual or entity tnaf nas rightfully asserted h claim under an applicable mechanic's lien or similar statute against the ,"ul p.op"rty upon which the projict is iocated. The intent of this Bond shall be to include without limitation in the terms ,,labor, materiais or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and ingineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. $ 16.3 Construction Contract, The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents. $ 16,4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract' $ 16.5 Gonhact Documents. All the documents that comprise the agreement between the Owner and Contractor. $ 17 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. The Company executing this bond vouches that edition this document conforms to American lnstitute of Archltects Document A3l 2, 2010 J