Additional Insured Obligations. In the first sentence after “coverage to include (1)” delete “ (1) the Owner,”. Strike the remainder of the first sentence beginning at the semicolon “; and (2) the Owner” through the end of the sentence. Delete the second sentence in its entirety. A.3.3.2.1 Delete paragraph 3.3.2.1 in its entirety and replace with the following: Property Insurance of the same type and scope satisfying the requirements identified in Section A.2.3, The Contractor shall comply with all obligations of the Owner under A.2.3 except to the extent provided below. Upon request, the Contractor shall provide the Owner with a copy of the property insurance policy or policies required. PERFORMANCE BOND Bond Number: KNOW ALL PERSONS BY THESE PRESENTS, that we, , as principal (“Principal”), and , a corporation, legally authorized to do business in the State of Delaware, as surety (“Surety”), are held and firmly bound unto the Red Clay Consolidation School District (“Owner”), in the amount of ($ ), to be paid to Owner, for which payment well and truly to be made, we do bind ourselves, our and each and every of our heirs, executors, administrations, successors and assigns, jointly and severally, for and in the whole, firmly by these presents. Sealed with our seals and dated this day of , 20 . NOW THE CONDITION OF THIS OBLIGATION IS SUCH, that if Principal, who has been awarded by Owner that certain contract known as Contract No. dated the day of , 20 (the “Contract”), which Contract is incorporated herein by reference, shall well and truly provide and furnish all materials, appliances and tools and perform all the work required under and pursuant to the terms and conditions of the Contract and the Contract Documents (as defined in the Contract) or any changes or modifications thereto made as therein provided, shall make good and reimburse Owner sufficient funds to pay the costs of completing the Contract that Owner may sustain by reason of any failure or default on the part of Principal, and shall also indemnify and save harmless Owner from all costs, damages and expenses arising out of or by reason of the performance of the Contract and for as long as provided by the Contract; then this obligation shall be void, otherwise to be and remain in full force and effect. Surety, for value received, hereby stipulates and agrees, if requested to do so by Owner, to fully perform and complete the work to be performed under the Contract pursuant to the terms, conditions and covenants thereof, if for any cause Principal fails or neglects to so fully perform and complete such work. Surety, for value received, for itself and its successors and assigns, hereby stipulates and agrees that the obligation of Surety and its bond shall be in no way impaired or affected by any extension of time, modification, omission, addition or change in or to the Contract or the work to be performed thereunder, or by any payment thereunder before the time required therein, or by any waiver of any provisions thereof, or by any assignment, subletting or other transfer thereof or of any work to be performed or any monies due or to become due thereunder; and Surety hereby waives notice of any and all such extensions, modifications, omissions, additions, changes, payments, waivers, assignments, subcontracts and transfers and hereby expressly stipulates and agrees that any and all things done and omitted to be done by and in relation to assignees, subcontractors, and other XXXXX ELEMENTARY SCHOOL PERFORMANCE BOND ARCHITECT/ENGINEER: XXXXXXXX ASSOCIATES, LLC PAGE NO. 2 CONSTRUCTION DOCUMENTS APRIL 28, 2021 transferees shall have the same effect as to Surety as though done or omitted to be done by or in relation to Principal. Surety hereby stipulates and agrees that no modifications, omissions or additions in or to the terms of the Contract shall in any way whatsoever affect the obligation of Surety and its bond. Any proceeding, legal or equitable, under this Bond may be brought in any court of competent jurisdiction in the State of Delaware. Notices to Surety or Contractor may be mailed or delivered to them at their respective addresses shown below.
Appears in 2 contracts
Samples: Contract, Contract for Pavement Improvements
Additional Insured Obligations. In the first sentence after “coverage to include (1)” delete “
(1) the Owner,”. Strike the remainder of the first sentence beginning at the semicolon “; and (2) the Owner” through the end of the sentence. Delete the second sentence in its entirety. A.3.3.2.1 Delete paragraph 3.3.2.1 in its entirety and replace with the following: Property Insurance of the same type and scope satisfying the requirements identified in Section A.2.3, The Contractor shall comply with all obligations of the Owner under A.2.3 except to the extent provided below. Upon request, the Contractor shall provide the Owner with a copy of the property insurance policy or policies required. PERFORMANCE BOND Bond Number: KNOW ALL PERSONS BY THESE PRESENTS, END OF SUPPLEMENT TO AGREEMENT BETWEEN OWNER AND CONTRACTOR The parties hereby agree and reaffirm that we, , as principal (the AIA Document A101 – 2017 “Principal”), Standard Form of Agreement between Owner and , a corporation, legally authorized to do business in the State of Delaware, as surety (“Surety”), are held Contractor” between Delaware Technical and firmly bound unto the Red Clay Consolidation School District Community College (“Owner”)) and , in the amount of a corporation ($ ), to be paid to Owner, for which payment well and truly to be made, we do bind ourselves, our and each and every of our heirs, executors, administrations, successors and assigns, jointly and severally, for and in the whole, firmly by these presents. Sealed with our seals and dated this day of , 20 . NOW THE CONDITION OF THIS OBLIGATION IS SUCH, that if Principal, who has been awarded by Owner that certain contract known as Contract No. dated the day of , 20 (the “ContractContractor”), which Contract is incorporated herein by referencedated , 2020, shall well govern this transaction as supplemented by A201-2017 General Conditions for Construction and truly provide amended herein (“Contract Documents”). At times Owner and furnish all materials, appliances and tools and perform all the work required under and pursuant Contractor shall be collectively referred to the terms and conditions of the Contract and the Contract Documents “Parties”. The parties expressly agree to enter into this amendment (as defined “Amendment”) which shall govern in the Contract) or any changes or modifications thereto made as therein provided, shall make good and reimburse Owner sufficient funds to pay the costs event of completing the Contract that Owner may sustain by reason of any failure or default on the part of Principal, and shall also indemnify and save harmless Owner from all costs, damages and expenses arising out of or by reason of the performance of the Contract and for as long as provided by the Contract; then this obligation shall be void, otherwise to be and remain in full force and effect. Surety, for value received, hereby stipulates and agrees, if requested to do so by Owner, to fully perform and complete the work to be performed under the Contract pursuant to the terms, conditions and covenants thereof, if for any cause Principal fails or neglects to so fully perform and complete such work. Surety, for value received, for itself and its successors and assigns, hereby stipulates and agrees that the obligation of Surety and its bond shall be in no way impaired or affected by any extension of time, modification, omission, addition or change in or to the Contract or the work to be performed thereunder, or by any payment thereunder before the time required therein, or by any waiver of any provisions thereof, or by any assignment, subletting or other transfer thereof or of any work to be performed or any monies due or to become due thereunder; and Surety hereby waives notice of any and all such extensions, modifications, omissions, additions, changes, payments, waivers, assignments, subcontracts and transfers and hereby expressly stipulates and agrees that any and all things done and omitted to be done by and in relation to assignees, subcontractors, and other XXXXX ELEMENTARY SCHOOL PERFORMANCE BOND ARCHITECT/ENGINEER: XXXXXXXX ASSOCIATES, LLC PAGE NO. 2 CONSTRUCTION DOCUMENTS APRIL 28, 2021 transferees shall have the same effect as to Surety as though done or omitted to be done by or in relation to Principal. Surety hereby stipulates and agrees that no modifications, omissions or additions in or to a conflict between the terms of the Contract Documents or any document referenced or incorporated therein, and that any contrary provision of any such document shall in be superseded hereby. The parties agree to this Amendment as follows:
1. Contractor represents and warrants that it has not employed or retained any way whatsoever affect company or person, other than a bona fide employee working primarily for the obligation firm offering professional services, to solicit or secure this agreement, and that he has not been paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working primarily for the firm offering professional services, any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of Surety this agreement;
2. All provisions of the Bid Package and its bondProject manual are incorporated herein by reference as though fully set forth. Any proceedingIn the event of a conflict between any provision of the Bid Package or Project Manual and the bid or proposal submitted by Contractor, legal or equitable, under this Bond may be brought in any court of competent jurisdiction in the State of Delaware. Notices to Surety or Contractor may be mailed or delivered to them at their respective addresses shown belowBid Package and Project Manual shall control.
Appears in 2 contracts
Samples: Construction Contract, Construction Contract
Additional Insured Obligations. In the first sentence after “coverage to include (1)” delete “
(1) the Owner,”. Strike the remainder of the first sentence beginning at the semicolon “; and (2) the Owner” through the end of the sentence. Delete the second sentence in its entirety. A.3.3.2.1 Delete paragraph 3.3.2.1 in its entirety and replace with the following: Property Insurance of the same type and scope satisfying the requirements identified in Section A.2.3, The Contractor shall comply with all obligations of the Owner under A.2.3 except to the extent provided below. Upon request, the Contractor shall provide the Owner with a copy of the property insurance policy or policies required. PERFORMANCE BOND Bond Number: KNOW ALL PERSONS BY THESE PRESENTS, that we, , as principal (“Principal”), and , a corporation, legally authorized to do business in the State of Delaware, as surety (“Surety”), are held and firmly bound unto the Red Clay Consolidation School District (“Owner”), in the amount of ($ ), to be paid to Owner, for which payment well and truly to be made, we do bind ourselves, our and each and every of our heirs, executors, administrations, successors and assigns, jointly and severally, for and in the whole, firmly by these presents. Sealed with our seals and dated this day of , 20 . NOW THE CONDITION OF THIS OBLIGATION IS SUCH, that if Principal, who has been awarded by Owner that certain contract known as Contract No. dated the day of , 20 (the “Contract”), which Contract is incorporated herein by reference, shall well and truly provide and furnish all materials, appliances and tools and perform all the work required under and pursuant to the terms and conditions of the Contract and the Contract Documents (as defined in the Contract) or any changes or modifications thereto made as therein provided, shall make good and reimburse Owner sufficient funds to pay the costs of completing the Contract that Owner may sustain by reason of any failure or default on the part of Principal, and shall also indemnify and save harmless Owner from all costs, damages and expenses arising out of or by reason of the performance of the Contract and for as long as provided by the Contract; then this obligation shall be void, otherwise to be and remain in full force and effect. Surety, for value received, hereby stipulates and agrees, if requested to do so by Owner, to fully perform and complete the work to be performed under the Contract pursuant to the terms, conditions and covenants thereof, if for any cause Principal fails or neglects to so fully perform and complete such work. Surety, for value received, for itself and its successors and assigns, hereby stipulates and agrees that the obligation of Surety and its bond shall be in no way impaired or affected by any extension of time, modification, omission, addition or change in or to the Contract or the work to be performed thereunder, or by any payment thereunder before the time required therein, or by any waiver of any provisions thereof, or by any assignment, subletting or other transfer thereof or of any work to be performed or any monies due or to become due thereunder; and Surety hereby waives notice of any and all such extensions, modifications, omissions, additions, changes, payments, waivers, assignments, subcontracts and transfers and hereby expressly stipulates and agrees that any and all things done and omitted to be done by and in relation to assignees, subcontractors, and other XXXXX ELEMENTARY BRANDYWINE SPRINGS SCHOOL PERFORMANCE BOND ARCHITECT/ENGINEER: XXXXXXXX ASSOCIATES, LLC PAGE NO. 2 CONSTRUCTION DOCUMENTS APRIL 28, 2021 transferees shall have the same effect as to Surety as though done or omitted to be done by or in relation to Principal. Surety hereby stipulates and agrees that no modifications, omissions or additions in or to the terms of the Contract shall in any way whatsoever affect the obligation of Surety and its bond. Any proceeding, legal or equitable, under this Bond may be brought in any court of competent jurisdiction in the State of Delaware. Notices to Surety or Contractor may be mailed or delivered to them at their respective addresses shown below.
Appears in 1 contract
Samples: Contract