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ATRUE COPY <br />CERTIFICATION ON LAST PAGE <br />J.R. SMITH, CLERK <br />known or unknown at the time of the commencement date of the Lease Agreement, and <br />whether or not any plume or contamination is determined to be ongoing or continuous. <br />20. PAYMENT AND PERFORMANCE BONDS: <br />(a) TENANT shall cause TENANT'S contractor to obtain and provide a <br />payment and performance bond, in the form approved by LANDLORD, for construction <br />of any improvements on or to the Leased Premises for which the cost of completion will <br />exceed $10,000.00. Such bond shall be payable in an amount equal to One Hundred <br />Twenty -Five Percent (125%) of the estimated cost to complete the improvements and <br />shall be underwritten by a surety acceptable to LANDLORD and authorized to do <br />business in the State of Florida. TENANT'S contractor may substitute for a bond, a <br />payment and performance irrevocable letter of credit, in the form approved by <br />LANDLORD, from a bank authorized to do business in the State of Florida, and with an <br />office located in Indian River County, Florida where such letter of credit may be drawn <br />upon. All such bonds and letters of credit shall inure to the benefit of LANDLORD and <br />TENANT and all other persons, companies and corporations entitled to make a claim for <br />payment against the bond or letter of credit pursuant to the applicable provisions of <br />Florida law. Such bond or letter of credit shall remain in effect through completion of the <br />improvements and all guarantee and warranty periods. No improvements on or to the <br />Leased Premises shall commence before the required bond or letter of credit is <br />received and approved by LANDLORD. <br />(b) TENANT shall cause TENANT'S contractor to provide a contractor's final <br />affidavit upon completion of the improvements, certifying to LANDLORD and TENANT <br />that full payment was made to all subcontractors, materialmen, leasing companies, and <br />Page 30 of 38 <br />N:\Client Docs\Airport\Attachment B\2016.February.16.ATTACHMENT B.docx <br />