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0101 <br />li <br />A oc e t A310T"" _ 2010 <br />CONTRACTOR: SURETY: <br />(Name, legal status and address) (Name, legal slants and principal place <br />Indiana Earth, Inc. of business) <br />North American Specialty Insurance Compa <br />10343 McKinley Highway 650 Elm Street his document has important legal <br />t <br />Osceola, IN 46561 Manchester, 03101 consequences. Consultation with <br />OWNER: an attorney is encouraged with <br />(Aame, legal stants and address) respect to its completion or <br />City of South Bend modification. <br />227 West Jefferson Boulevard Any singular reference to <br />South Bend, IN 46601 Contractor, Surety, Owner or <br />BOND AMOUNT: ***FIVE PERCENT OF AMOUNT BID*** other party shall be considered <br />plural where applicable. <br />PROJECT: <br />ame, location oraar°Irhvss„ and Pro�'ec�t number, if any) <br />hree Twenty at The Cascade - Utillty Installation <br />The Contractor and Surety are bound to the Owner in the amount set forth above, for the payment of which the <br />Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and <br />severally, as provided herein. The conditions of this Bond are such that if the Owner accepts the bid of the Contractor <br />within the time specified in the bid documents, or within such time period as may be agreed to by the Owner and <br />Contractor, and the Contractor either (1) enters into a contract with the Owner in accordance with the terms of such <br />bid, and gives such bond or bonds as may be specified in the bidding or Contract Documents, with a surety admitted <br />in the jurisdiction of the Project and otherwise acceptable to the Owner, for the faithful performance of such Contract <br />and for the prompt payment of labor and material furnished in the prosecution thereof; or (2) pays to the Owner the <br />difference, not to exceed the amount of this Bond, between the amount specified in said bid and such larger amount <br />for which the Owner may in good faith contract with another party to perform the work covered by said bid, then this <br />obligation shall be null and void, otherwise to remain in full force and effect. The Surety hereby waives any notice of <br />an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid. Waiver of <br />notice by the Surety shall not apply to any extension exceeding sixty (60) days in the aggregate beyond the time for <br />acceptance of bids specified in the bid documents, and the Owner and Contractor shall obtain the Surety's consent for <br />an extension beyond sixty (60) days. <br />If this Bond is issued in connection with a subcontractor's bid to a Contractor, the term Contractor in this Bond shall <br />be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. <br />When this Bond has been furnished to "=tply with a statutory or other legal requirement in the location of the Project, <br />any provision in this Bond conflictin with said statutory or legal requirement shall be deemed deleted herefrom and <br />provisions conA)r "i1g, to such stat oty or other legal requirement shall be deemed incorporated herein. When so <br />furnished, the ent is that this ndl shall be construed as a statutory bond and not as a common law bond. <br />Signed all sealed th" ° 7th day of November 201,8 <br />Indiana t� , " m., <br />l nd a�s (Seal) <br />N/Ilk(O�rtteAmmerlcan S olq(lty Insurance Comaany <br />ivv .. . <br />rdne"sslJ — e.1 <br />Thomas O. Chambers, Attorney in Fact <br />AIA Document A3101 — 2010. Copyright® 1963, 1970 and 2010 by The American Institute of Architects. All rights reserved. WARNING: This AIA, <br />Init, Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or <br />any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. <br />Purchasers are permitted to reproduce ten (10) copies of this document when completed. To report copyright violations of AIA Contract Documents, e-mail <br />The American Institute of Architects' legal counsel, copyright@aia.org. 051110 <br />