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in the prosecution of the Work provided for in said Contract, then this obligation shall be null and void; otherwise, the Principal and Surety, jointly and severally, agree to pay Indian River County any difference between the sum that Indian River County may be obliged to pay for the completion of said Work, by contract or otherwise, and any damages, whether direct, indirect, or consequential, including reasonable attorney's fees (including appellate proceedings), which the County of Indian River may incur as a result of the failure of the Principal to properly execute all of the provisions of the Contract. AND, the said Principal and Surety hereby further bind themselves, their successors, executors, administrators and assigns, jointly and severally, that they will amply and fully protect the County of Indian River against, and will pay any and all amounts, damages, costs and judgments which may be recovered against or which the County of Indian River may be called upon to pay to any person or corporation by reason of any damage arising from the performance of the sold work, repair or maintenance thereof, or the manner of doing the same, or. his agents or his servants, or the infringements of any patent rights by reason of the use of any material furnished or work done, as aforesaid or otherwise. AND, the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder, or the Specifications or Drawings accompanying the same, shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the Specifications or Drawings. AND, the said Principal and Surety jointly and severally covenant and agree that this Bond will remain in full force and effect for a period of one year commencing on the date of Substantial Completion as established on the Certificate of Substantial Completion as issued by the County of Indian River. Principal and Surety expressly acknowledge that any and all provisions relating to liquidated damages contained in the Contract Documents are expressly covered by and made a part of this Bond. Principal and Surety acknowledge that any such provision lie within their obligations and within the coverages and limitations of this Bond. Florida Statutes Section 255.05 (2007), as amended from time to time, together with all notice and time provisions contained in subsection (2) of Florida Statutes Section 255.05 (2007)9 is incorporated herein in its entirety by this reference. IN WITNESS WHEREOF, the above bound parties executed this instrument under their several seals, this 27 day of October , 20 08 the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. ■■r��rr��rrrr�.•rr��r�rrrr�rrsr�r��r�r��r��rr�rr�r��r��r��rr��r��rraasp ra Attest Secretary � Pre S . Printed Name and Official Title Timothy Rose Contracting, Inc. Name of BY: 006!0- (Affix Corporate