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' BK : 1663 PG : 1138 Additional work to be performed includes programming modifications to interface with the Programmable Logic Controller (PLC). A copy of said Contract is incorporated herein by reference and is made a part hereof as if fully copied herein. ' — NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that, if the Principal shall promptly make payments to all claimants, as herein below defined, then this obligation shall be void, otherwise, this Bond shall remain in full force and effect, subject to the following terns and conditions: ' A, A claimant is defined as any person supplying the Principal with labor, material or supplies, used directly or indirectly by the Principal or any subcontractor in the Prosecution of the Work provided for in said Contract, and is further defined in Section 713 .01 of the Florida Statutes, B. The provisions of Section 255.05 Florida Statutes shall apply, The above named Principal and Surety hereby jointly and severally agree with the County of Indian River _ that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after performance of the labor or after complete delivery of materials and supplies by mant, such claimay sue on this Bond for the use of such claimant, prosecute the suit to final judgment for such sums or sums as may be justly due claimant, and have execution thereon. The County of Indian River shall not be liable for the payment of any costs or expenses of any such suit. No suit or action shall be commenced hereunder by any claimant i . Unless claimant, other than one having a direct contract with the Principal, shall within forty-five ' - (45) days after beginning to furnish labor, materials or supplies fbr the prosecution of the work, furnish the Principal and Surety with a notice that he intends to look to this Bond for protection. 2. Unless claimant, other than one having a direct contract with the Principal, shall within ninety ' - (90) days after such clai nant s performance of the labor or complete delivery of materials or supplies, deliver to the Principal and Surety written notice of the performance of such labor or delivery of such material or supplies and the nonpayment therefore, 3 . After the expiration of one (1 ) year from the performance of the labor or completion of delivery ' of the materials or supplies;' it being understood, however, that if any limitation embodied in this Bond is prohibited by any law controlling the construction bereo4 such limitations shall be deemed to be amended, so as to be equal to the minimum period of limitation permitted by such law. ' 4. Other than in a state court of competent jurisdiction in and for Indian River County, Florida, or in the United States District Court for the Southern District of Florida, and not elsewhere. The Surety, for value received, hereby stipulates and agrees that no charge, erneosion of time, alteration of or addition to the terns of the Contract or to the work to be performed thereunder or to the Specifications applicable thereto, shall in any way affect its obligations on this Bond, and the Surety 6706-38392\8120/03 00612-2 VRB ' A TRUE COPY CERTIFICATION ON LAST PAGE J . K. BARTON, CLERK