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TU11• IDD..
<br />V, I
<br />FINAL RELEASE AND ASSIGNMENT 13. d
<br />In consideration of the payment from THE GUARANTY COMPANY OF NORTH AMERICA,
<br />USA ("Surety") in the amount of Forty -Two Thousand Five Hundred and 00/100 Dollars
<br />($42,500.00), receipt of which is hereby acknowledged, the undersigned forever releases and
<br />discharges H&D CONSTRUCTION CO., INC. ("Principal") and Surety from all claims, demands or
<br />actions including but not limited to under contract, by statute, in equity or at common law, which
<br />the undersigned has or may have against said Principal or Surety that in anyway relate to: the Bid
<br />Bond (attached hereto); the actions styled The Guarantee Company ofNorth America USA v. Indian
<br />River County, Florida, In the United States District Court for the Southern District of Florida, Case
<br />No.: 2:11-CV-14011-XXXX and Indian River County v. The Guarantee Company ofNorth America
<br />USA, a Michigan corp. and H&D Construction Co., Inc., a Florida corp., In the Circuit Court of the
<br />19`x' Judicial Circuit, In and For Indian River County, Florida, Case No.: 312011 CA 000727; and the
<br />Project described as follows:
<br />Principal: H&D Construction Co., Inc.
<br />Surety: The Guarantee Company of North America
<br />Obligee: Indian River County
<br />Project: North Water Treatment Plant, Project 2010024
<br />In further consideration of the aforesaid payment, the undersigned hereby assigns, transfers and sets
<br />over to said Surety, to the extent of the payment received herein, its above mentioned claim, cause of
<br />action, or lien against the Principal, Obligee or any third party together with all of its rights, title and
<br />interest in and to said claim, cause of action, or lien; and the undersigned constitutes said assignee its
<br />true, lawful and irrevocable attorney to demand, receive, and enforce payment of the said claim, and
<br />at its own expense to sue for the said sum so assigned in the name of the Surety.
<br />The person executing this instrument represents and warrants that she/he is duly authorized and
<br />empowered by undersigned to execute this document on behalf of undersigned, all necessary
<br />approvals to that execution have been obtained, and that undersigned is not currently subject to any
<br />bankruptcy proceedings.
<br />Undersigned warrants that no claims against any party being released have been assigned to any
<br />third party, and that no parent, subsidiary, or other person or entity affiliated with the undersigned
<br />has any claims, demands, actions, or causes of action against any party being released.
<br />Undersigned acknowledges that this release has been read prior to its execution, and that it is
<br />completely understood. It is the specific intent and purpose of this instrument to release and
<br />discharge any and all claims and causes of action of any kind or nature whatsoever relating to the
<br />above -referenced Project, whether known or unknown and whether specifically mentioned or not,
<br />which may exist or might be claimed to exist at or prior to the date of this instrument, and
<br />undersigned specifically waives any claim or right to assert that any cause of action or alleged cause
<br />of action or claim or demand has been, through oversight or error or intentionally or unintentionally,
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