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LABOR & MATERIAL PAYMENT BOND

Main Office
515 Broadway
Albany, NY 12207-2964
(518) 257-3000

New York City Office
One Penn Plaza, 52nd Floor
New York, NY 10119-0098
(212) 273-5000

KNOW ALL MEN BY THESE PRESENTS:

That ____________________________________________ (Here insert the name and address or legal title of the Contractor) as Principal, hereinafter called Principal, and ____________________________________________ (Here insert the legal title of Surety) __________________________________________________________ (Address)

as Surety, hereinafter called Surety, are held and firmly bound unto the Dormitory Authority - State of New York, 515 Broadway, Albany, New York 12207, as Obligee, hereinafter called Owner, for the use and benefit of the claimants as hereinbelow defined, in the amount of and /100 Dollars ($_________________) WHEREAS, Principal has by written agreement dated entered into a Contract with Owner for in accordance with the Contract Documents and any changes thereto, which are made a part hereof, and are hereinafter referred to as the Contract.

NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if the Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise such obligation shall remain in full force and effect, subject, however, to the following conditions:

  1. A claimant is defined as one having a direct Contract with the Principal or with a Subcontractor of the Principal for labor, material, or both, used or reasonably required for use in the performance of the Contract, labor and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract.
  2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant's work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit.
  3. No suit or action shall be commenced hereunder by any claimant:
    1. Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any two (2) of the following: 1) the Principal, 2) the Owner, or 3) the Surety above named, within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to the Principal, Owner, or Surety, at any place where an office is regularly maintained by said Principal, Owner, or Surety for the transaction of business, or served in any manner in which legal process may be served in the State in which the aforesaid project is located, save that such service need not be made by a public officer.
    2. After the expiration of one (1) year following the date on which Principal ceased work of said Contract, however, if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law.
    3. Other than in a State court of competent jurisdiction in and for the county or other political subdivision of the State in which the project, or any part thereof, is situated, or in the United States District Court for the district in which the project, or any part thereof, is situated, and not elsewhere.
  4. The penal sum of this Bond is in addition to any other Bond furnished by the Contractor and in no way shall be impaired or affected by any other Bond.
  5. The amount of this Bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payment by Surety of Mechanics' Liens which may be filed of record against said improvement, whether or not claim for the amount of such lien be presented under and against this Bond.

Signed this _________ day of ______________________ 200___ .

IN THE PRESENCE OF:

____________________________(Principal)
____________________________ (Signature)
____________________________ (Title)
____________________________ (Address)
____________________________ (City, State, Zip)

____________________________ (Surety)
____________________________ (Signature)
____________________________ (Title)
____________________________ (Address)
____________________________ (City, State, Zip)

Telephone (___) ________________

Fax No. (___) ________________

ACKNOWLEDGEMENT OF PRINCIPAL, IF A CORPORATION

STATE OF NEW YORK _________ ) ss:
COUNTY OF____________________)

On the______ day of______________________ in the year 200__, before me personally came ___________________________ to me known, who, being by me duly sworn, did depose and say that (s)he resides at , that (s)he is the ________________ of _______________________________________, the corporation described in and which executed the above instrument; and that (s)he signed her/his name thereto by order of the Board of Directors of said corporation.

__________________________________
Notary Public

ACKNOWLEDGEMENT OF PRINCIPAL, IF A PARTNERSHIP

STATE OF________________) ss:
COUNTY OF______________)

On the______ day of_________________ in the year 200___, before me personally came _________________________________, to me known and known to me to be a member of the firm , described in and who executed the foregoing instrument, and (s)he duly acknowledged to me that (s)he executed the same for and in behalf of said firm for the uses and purpose mentioned therein.

__________________________________
Notary Public

ACKNOWLEDGEMENT OF PRINCIPAL, IF AN INDIVIDUAL

STATE OF________________) ss:
COUNTY OF______________)

On the ______ day of _____________________ in the year 200__ , before me personally came______________________________, to me known and known to me to be the person described in and who executed the foregoing instrument and (s)he duly acknowledged that (s)he executed the same.

__________________________________
Notary Public

ACKNOWLEDGEMENT OF SURETY

STATE OF NEW YORK _____)
COUNTY OF___________) ss:

On the _____ day of____________________ in the year 200__ , before me personally came ________________________________ to me known, who, being by me duly sworn, did depose and say that (s)he resides at , that (s)he is the________________________of , the corporation described in and which executed the above instrument; and that (s)he signed her/his name thereto by order of the Board of Directors of said corporation.

__________________________________
Notary Public