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A . A claimant is defined as any person supplying the Principal with labor, material or <br /> supplies, used directly or indirectly by the Principal or any subcontractor in the <br /> prosecution of the Work provided for in said Contract, and is further defined in Section <br /> 713 . 01 of the Florida Statutes . <br /> B . The provisions of Section 255 . 05 Florida Statutes shall apply <br /> The above name Principal and Surety hereby jointly and severally agree with the County of Indian <br /> River that every claimant as herein defined , who has not been paid in full before the expiration of a <br /> period of ninety ( 90) days after performance of the labor or after complete delivery of materials and <br /> supplies by such claimant, may sue on this Bond for the use of such claimant , prosecute the suit to <br /> final judgement for such sums or stuns as may be justly due claimant, and have execution thereon . <br /> The County of Indian River shall not be liable for the payment of any costs or expenses of any such <br /> suit . No suit or action shall be commenced hereunder by any claimant : <br /> 1 , Unless claimant , other than one having a direct contract with the Principal , shall within <br /> forty five (45 ) days after beginning to furnish labor ; materials or supplies for the <br /> prosecution of the work, furnish the Principal and Surety with a notice that he intends <br /> to look to this Bond for protection . <br /> 2 . Unless claimant, other than one having a direct contract with the Principal , shall within <br /> ninety ( 90) days after such claimant 's performance of the labor or complete delivery of <br /> materials or supplies , deliver to the Principal and Surety written notice of the <br /> perfomiance of such labor or delivery of sucli material or supplies and the nonpayment <br /> therefore . <br /> 3 . After the expiration of one ( 1 ) year from the performance of the labor or completion of <br /> delivery of the materials or supplies ; it being understood, however, that if any <br /> limitation embodied in this Band is prohibited .hy any law controlling the construction <br /> hereof, such Iimitations shall be deemed to be amended , so as to he equal to the <br /> minimum period of limitation permitted by such law . <br /> 4 . Other then in a state court of competent jurisdiction in and for Indian River County, <br /> Florida, or in the United States District Court for the Southern District of Florida, and <br /> not elsewhere . <br /> The Surety, for value received, hereby stipulates and agrees that no charge , extension of time, <br /> alteration of or addition to the terms of the Contract or to the work to be performed thereunder or to <br /> the Specifications applicable thereto , shall in any way affect its obligations on this Bond, and the <br /> Surety hereby waives notice of any such change , extension of time , alterations of or addition to the <br /> terms of the Contract, or to the work or to the Specifications . <br /> The Surety represents and warrants to the County of Indian River that it has a Best ' s Key Rating <br /> Guide , General Policyholder' s rating of "A" and Financial Size Category of Class "X" . <br /> The Principal and Surety jointly and severally covenant and agree that this Bond will remain in full <br /> force and effect for a period of one year commencing on the date of Final Completion as established <br /> on the Certificate of Final Completion as issued by the County of India River. <br /> Page 48 of 54 <br />