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' then this obligation shall be null and void ; otherwise , the Principal and Surety, jointly and severally, <br /> agree to pay the County of Indian River any difference between the sum that the County of Indian <br /> River may be obliged to pay for the completion of said Work, by contract or otherwise , and any <br /> damages , whether direct, indirect, or consequential , including reasonable attorney's fees (including <br /> appellate proceedings ) , which the County of Indian River may incur as a result of the failure of the <br /> Principal to properly execute all of the provisions of the Contract. <br /> ' AND , the said Principal and Surety hereby further bind themselves , their successors , executors , <br /> administrators and assigns , iointly and severally, that they will amply and fully protect the County of <br /> Indian River against, and will pay any and all amounts , damages , costs and judgments which may <br /> be recovered against orwhich the County of Indian River may be called upon to pay to any person <br /> or corporation by reason of any damage arising from the performance of the said work , repair or <br /> maintenance thereof, or the manner of doing the same , or his agents or his servants , or the <br /> infringements of any patent rights by reason of the use of any material furnished or work done , as <br /> aforesaid or otherwise . <br /> iPrincipal and Surety expressly acknowledge that any and all provisions relating to liquidated <br /> damages contained in the Contract are expressly covered by and made a part of this Bond . <br /> Principal and Surety acknowledge that any such provisions lie within their obligations and within the <br /> ipolicy coverages and limitations of this Bond . <br /> AND , the said Surety, for value received , hereby stipulates and agrees that no change , extension of <br /> . time , alteration or addition to the terms of the Contract or to the work to be performed thereunder, or <br /> the Specifications or Drawings accompanying the same , shall in anyway affect its obligations on this <br /> Bond , and it does hereby waive notice of any such change , extension of time , alteration or addition <br /> to the terms of the Contract or to the Work or to the Specifications or Drawings . <br /> AND , the said Principal and Surety jointly and severally covenant and agree that this Bond will <br /> remain in full force and effect for a period of one year commencing on the date of Final Completion <br /> as established on the Certificate of Final Completion as issued by the County of Indian River, <br /> IN WITNESS WHEREOF , . the above bound parties executed this instrument under their several <br /> seals , this day of , 20_, the name and corporate seal of each <br /> corporate party being hereto affixed and these presents duly signed by its undersigned <br /> representative , pursuant to authority of its governing body. <br /> [The remainder of this page was left blank intentionally] <br /> 5/04/01 PERFORMANCE BOND 00612-2 <br /> F :\Public Works\Capital Projects\Oslo - 43rd Avenue\CONTRACT DOCUMENTS\Performance Bond .doc <br />