A copy of said Contract is incorporated tt n:in by reference and is made a part hereof as if fully
<br />copied herein. .
<br />NOW, THEREFORE, THE CONDITIO. S OF THIS OBLIGATION ARE SUCH, that if the
<br />Principal shall in all respects comply the terms and conditions of said Contract and its
<br />obligations thereunder, including all of th Contract Documents therein referred to and made a
<br />part thereof, and such alterations as may b3 made in the Contract Drawings and Specifications
<br />as therein provided for, and shall inderrify and save harmless the County of Indian River
<br />against and from all expenses, costs, and attorney's fees, including appellate proceedings, as
<br />set forth in the Contract, that Owner su4iris because of a damages, injury or conduct, want of
<br />care of skill, negligence or default, includirli patent infringement on the part of the Principal, his
<br />agents or employees, in the execution lor performance of said Contract, and further, if the
<br />Principal shall promptly make payments to all who supply him with labor and/or materials used
<br />directly or indirectly by the Principal in tiielp osecution of the Work provided for in said Contract,
<br />then this obligation shall be null and Void; otherwise, the Principal and Surety, jointly and
<br />severally, agree to pay Indian River County any difference between the sum that Indian River
<br />County may be obliged to pay for the carnaletion of said Work. by contract or otherwise, and
<br />any damages, whether direct, indirect,iYansequential, including reasonable attorney's fees
<br />(including appellate proceedings), which , E: 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 herebyy, f.irther bind themselves, their successors, executors,
<br />administrators and assigns. jointly and *verally, 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 agai, or which the County of Indian River may be called
<br />upon to pay to any person or corpo i ;flan by reason of any damage arising from the
<br />performance of the said work, repair or m titenanoe thereof, or the manner of doing the same,
<br />or his agents or his servants, or the infririgctments of any patent rights by reason of the use of
<br />any material furnished or work done, as of esaid or otherwise.
<br />AND, the said Surety, for value receiv i, 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 S pecif'rcati ' a or Drawings accompanying the same, shall in any
<br />way affect its obligations on this Bond, ind it does hereby waive notice of any such change,
<br />extension of time, alteration or addition tt .he terms of the Contract or to the Work or to the
<br />Specifications or Drawings.
<br />AND, the said Principal and Surety joi and severally covenant and agree that this Bond will
<br />remain in full force and effect for a peri of one year commencing on the date of Substantial
<br />Completion as established on the Certificate of Substantial Completion as issued by the County
<br />of Indian River. :1
<br />Principal and Surety expressly ackcr�w
<br />nle d g,9 that any and all provisions relating to liquidated
<br />damages contained in the Contract Doct tents are expressly covered by and made a part of
<br />this Bond. Principal and Surety acknowledge that any such provision lie within their obligations
<br />and within the coverages and limitations 1!this Bond.
<br />•
<br />•
<br />00610-2
<br />MP'rojects107411Biddinp Contract SpecMicarionaOpeeT paite120071008101Pertomunoa Sond.doc
<br />
|