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BK : 1830 PG : 2212
<br /> • BLINOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that if the
<br /> _ Principal shall in all respects comply with the terms and conditions of said Contract and its
<br /> obligations thereunder, including all of the Contract Documents therein referred to and made a
<br /> part thereof, and such alterations as may be made in the Contract Drawings and Specifications
<br /> as therein provided for, and shall indemnify the County of Indian River as set forth in the
<br /> Contract, in the execution or performance of said Contract, and further, if the Principal shall
<br /> promptly make payments to all who supply him with labor and/or materials used directly or
<br /> indirectly by the Principal in the prosecution of the Work provided for in said Contract, then this
<br /> obligation shall be null and void; otherwise, the Principal and Surety, jointly and severally, agree
<br /> 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
<br /> (including appellate proceedings), which the County of Indian River may incur as. a result of the
<br /> failure of the 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, jointly and severally, that they will amply and fully protect the
<br /> County of Indian River against, and will pay any and all amounts, damages, costs and
<br /> judgments which may be recovered against or which the County of Indian River may be called
<br /> upon to pay to any person or corporation by reason of any damage arising from the
<br /> performance of the said work, repair or maintenance thereof, or the manner of doing the same,
<br /> or his agents or his servants, or the infringements of any patent rights by reason of the use of
<br /> any material furnished or work done, as aforesaid or otherwise.
<br /> Principal 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
<br /> the policy coverages and limitations of this Bond.
<br /> I
<br /> AND, the said Surety, for value received, hereby stipulates and agrees that no change,
<br /> extension of time, alteration or addition to the terms of .the Contract or to the work to be
<br /> • performed thereunder, or the Specifications or Drawings accompanying the same, shall in any
<br /> way affect its obligations on this Bond, and it does hereby waive notice of any such change,
<br /> extension of time, alteration or addition to the terms of the Contract or to the Work or to the
<br /> 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
<br /> Completion as established on the Certificate of Final Completion as issued by the County of
<br /> Indian River,
<br /> IN WITNESS WHEREOF, the above bound parties executed this instrument under their several
<br /> seals, this 18th day of January 2005 the name and corporate seal of
<br /> each corporate party being hereto affixed and these presents duly signed by its undersigned
<br /> representative, pursuant to authority of its governing body.
<br /> IRC OPERATIONS COMPLEX 00610 — Performance Bond
<br /> 00610 - 2
<br /> A TRUE COPY
<br /> CERTIFICATION ON LAST PAGE
<br /> J.K. BARTON, CLERK
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