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to <br />pi <br />l 4 <br />LABOR ANT) MATERIAL PAYM"N'r BOND <br />MNOW ALL MEN BY THESE PRESENTS: that <br />a•. Principal, (hereinafter called Contractor) and, <br />t _ as Surety (hereinafter called Surety) are held <br />and firmly bound unto. as Obligee (hereinafter <br />called Obligee) for the use and benefit of claimants as hereinbelow defined, <br />in the amount of Dollars <br />($ _), for the payment whereof Contractor and Surety bind them- <br />selves, their heirs, executors, administrators, successors and assigns, joint- <br />ly and severally, firmly by these presents. <br />it <br />4 WHEREAS, Contractor has by written agreement dated , <br />entered into a contract with Obligee for construction of _ <br />in accordance with Drawings ant Speci- <br />fications prepared by which <br />contract is by reference made a part hereof, and is hereinafter referrer to as <br />the Contract. <br />NOW, THEREFORE, THE CONDITION OF THIS OBLIGATV,N is such that, if Conttac- <br />tor shall promptly make payment to all claimants as hereinafter defined, fot <br />all labor and material used or reasonably required for use in the performance <br />of the Contract and shall keep the Project free and clear rf all liens as pro- <br />vided in the Contract, then this obligatior shall he void; otherwise it shall <br />remain in full force and effect, subject, ',)wever, to the following conditions: <br />1. Claimant is defined as one permitted by applicable law to file a Pub- <br />lic Contractor's Bond claim for labor, material, or both, used or reasonably <br />required for use in the performance of the Contract, labor and material being <br />construed to include without limitation that part of water, gai, power, light, <br />heat, oil, gasoline, telephone service, rental of equipment, insurance premi- <br />►ms, taxes, and anv items for which a lai-n it lien may be filed against the <br />Obligee. under the applicable law. <br />Z. The above named Contractor and Surety hereby jointly and severally <br />agree with the Obligee that every claimant as herein defined, who has not been <br />paid in full may sue on this bond for the use of such claimant, prosecute the <br />suit to final judgment for such sums as may be justly due claimant, and have <br />execution thereon. The Obligee shall not he liable for the payment ,-lf anv <br />o costs or expenses )f anv such s„it. <br />3595a <br />L/81 <br />