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materials, or equipment" that part of the water, <br />gas, power, light, heat, oil, gasoline, telephone <br />service, or rental equipment used in the <br />Construction Contract, architectural and <br />engineering services required for performance <br />of the work of the Contractor and the <br />Contractor's subcontractors, and all other items <br />for which a mechanic's lien may be asserted in <br />the jurisdiction where the labor, materials, or <br />equipment were furnished. <br />16.3 Construction Contract: The agreement between <br />the Owner and Contractor identified on the <br />cover page, including all Contract Documents <br />and all changes made to the agreement and the <br />Contract Documents. <br />16.4 Owner Default: Failure of the Owner, which has <br />not been remedied or waived, to pay the <br />Contractor as required under the Construction <br />Contract or to perform and complete or comply <br />with the other material terms of the <br />Construction Contract. <br />16.5 Contract Documents: All the documents that <br />comprise the agreement between the Owner <br />and Contractor. <br />17. If this Bond is issued for an agreement between a <br />contractor and subcontractor, the term Contractor in <br />this Bond shall be deemed to be Subcontractor and the <br />term Owner shall be deemed to be Contractor. <br />18. Modifications to this Bond are as follows: <br />Payment Bond <br />00 61 13-5 <br />