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� <br /> � LABOR AND ATERIAL PAYMENT BOND <br /> , KNOW ALL MEN BY THESE PRESENTS: tha <br /> t <br /> � as Principal, (hereinafter called Contractor) and, <br /> as Surety (hereinafter called Surety) are held and firmly bound unto <br /> as Obligee(hereinafter called Obligee)for the use and benefit of claimants as hereinbelow defined, <br /> � in the amount of Dollars ($ ), for the payment <br /> whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors <br /> and assigns,jointly and severally, firmly by these presents. <br /> � WHEREAS, Contractor has by written agreement dated ,entered into a <br /> contract with Obligee for construction of in accordance with <br /> Drawings and Speci�cations prepared by Bonestroo. Rosene. Anderlik&Associates Inc which <br /> � contract is by reference made a part hereof, and is hereinafter referred to as the Contract. <br /> NO`'V,THEREFORE,THE CONDITION OF THIS OBLIGATION is such that, if Contractor <br /> � shall promptly make payment to all claimants as hereinafter defined, for all labor and material used <br /> or reasonably required fdr use in the performance of the Contract and shall keep the Project free and <br /> ciear of all liens as provided in the Contract, then this obligation shall be void; otherwise it shall <br /> ' remain in full force and effect, subject, however, to the following conditions: <br /> . <br /> ' 1. Claimant is defined as one permitted by applicable law to file a Public Contractor's Bond <br /> claim for labor, material, or both, used or reasonably required for use in the performance of the <br /> • Contract, labor and materiai being construed to include without limitation that part of water, gas, <br /> � power, light, heat, oil, gasoline, telephone service, rental of equipment, insurance premiums, taxes, <br /> and any items for which a claim or lien may be filed against the Obligee under the appdicable law. <br /> � 2. The above named Contractor and Surety hereby jointly and severally agree with the Obligee <br /> that every claimant as herein defined, who has not been paid in full may sue on this bond for t1r,, use <br /> of such claimant, prosecute the suit to final judgment for such sums as may be justly due claimant, <br /> ' and have execution thereon. The Obligee sha11 not be liable for the payment of any costs or expenses <br /> of any such suit. <br /> , <br /> , <br /> ' <br /> � <br /> � <br /> Ger�araUSpecs/Condtns.gen <br /> � fJ 199b B�nestroa,Rosene, <br /> Auderlik&Associates,Inc. -S8- <br />