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EXHIHIT 5 <br /> business of the corporation, and in all cases of partnership the <br /> names and residences of each of the partners, and the name of the <br /> contractor : for the Obligee, the name of the person, firm, or <br /> corporation by whom the claimant was employed or to who such <br /> claimant furnished materials, the amount of the clai� and a brief <br /> description of the public improvement for the construction or <br /> installation of which the Contract is to be performed. No defect <br /> in the notice herein provided for shall deprive the ciaiunant of his <br /> right of action under the terms and provisions of this Bond unless <br /> it shall affirmatively appear that such defect has prejudiced the <br /> rights of an interested party asserting the same. <br /> 3 . No action shall be brought on this Bond until the <br /> expiration of 120 days after the date of the last item of work or <br /> of�..the furnishing of the last item of material except in cases <br /> where the final settlement between the Obligee and the Contractor '� <br /> shail have been made prior to the expiration of the 120 day period, <br /> in which case action may be taken immediately following such final <br /> settlement; nor shall any action of any kind be brought later than <br /> six (6) months after the acceptance by the Obligee of the wvrk. <br /> Such suit shall be brought only in the Circuit Court of this State <br /> in the judicial district in which the Contract is to be performed. <br />� 4. Surety hereby waives notice of any Modifications of the <br /> Contract, including extensions of time for the performance thereof. <br /> 5 . The amount of this Bond shall be reduced by and to the <br /> extent of any payment or payments made in good faith hereunder. <br /> LA80R AND MATERIAL <br /> EBHIBIT 5 PAY1�1T BOND - 3 <br />