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" Surety expressly agrees to be bound by all terms and conditions relating to liquidated , <br /> delay and time or impact related damages , and is responsible for any and all warranty <br /> obligations or damages as a result of latent defects or deficiencies in the work performed <br /> under the Contract Documents incorporated herein or as provided for by Florida law . " <br /> ( B ) Contractor's Surety agrees , moreover, to be bound by all terms and conditions related to delay <br /> and liquidated damages . Except as otherwise agreed to in writing , the Contractor' s Surety waives <br /> all rights against the Owner and any of its agents and employees , for damages or other causes of <br /> loss by Contractor' s Surety performance of its obligations under the performance bond , including <br /> claims by Contractor' s Surety against the Owner for costs it asserts were not warranted by these <br /> Contract Documents and excluding only such rights as they have to proceeds of such insurance <br /> held by the Owner as fiduciary . This waiver of subrogation shall be effective as to a person or <br /> entity even though that person or entity would otherwise have a duty of indemnification , <br /> contractual or otherwise , did not pay the bond premium directly or indirectly , and whether or not <br /> the person or entity had an insurable or suretyship interest in the property allegedly damaged . <br /> ( C ) To be acceptable to The Owner of as Surety for this Project , a Surety <br /> Company shall comply with the following provisions : <br /> ( 1 ) The Surety Company shall have a currently valid Certificate of Authority , issued by the State of <br /> Florida Department of Insurance , authorizing it to write surety bonds in the State of Florida . <br /> (2 ) The Surety Company shall have currently valid Certificate of Authority issued by the United <br /> States Department of Treasury under Sections 9304 to 9308 of Title 31 of the United States <br /> Code . <br /> ( 3 ) The Surety Company shall be in full compliance with the provisions of the Florida Insurance <br /> Code . <br /> (4) The Surety Company shall have at least twice the minimum surplus and capital required by the <br /> Florida Insurance Code at the time the invitation to Proposal is issued . <br /> ( 5 ) The Surety Company shall have at least the ratings of A-Class V in the latest issue of Best' s Key <br /> Rating Guide . <br /> ( 6) The Surety Company shall not expose itself to any loss on any one risk in an amount exceeding <br /> ten ( 10 ) percent of its surplus to policyholders , provided : <br /> (a ) Any risk or portion of any risk being reinsured shall be deducted in determining the <br /> limitation of the risk as prescribed in this section . These minimum requirements shall <br /> apply to the reinsuring carrier providing authorization or approval by the State of Florida , <br /> Department of Insurance to do business in this state have been met. <br /> ( b) In the case of the surety insurance company, in addition to the deduction for reinsurance , <br /> the amount assumed by any co-surety , the value of any security deposited , pledged or <br /> held subject to the consent of the surety and for the protection of the surety shall be <br /> deducted . <br /> GC 47 INSURANCE . <br /> 1 . The Contractor shall maintain and pay for such insurance , issued in the name of the <br /> Owner and naming the Owner as an Additional Insured , with such coverages as will protect the Owner <br /> from contingent liability under the Contract, as set forth in the Special Conditions <br /> 2 . Coverages . See Special Conditions . <br /> 3 . The Certificate of Insurance and policy endorsements or riders shall name the County as <br /> 45 <br /> 12/1/2009 3:45:46 PM <br />