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40 <br />Performance &nd <br />INDIAN RIVER COUNTY, FLORIDA <br />ROUND ISLAND OCEANFRONT PARK <br />COUNTY PROJECT NO. 9622 <br />FERF+ORMAKE-IM <br />KNOW ALL. MEN BY THESE PRESENTS: <br />That we as Principal, and <br />as Surety, are held and firmly bound unto the <br />County of Indian River in the sum of Dollars ($ <br />amounting to 125% of the total bid price, for the payment of said sum we hind ourselves, our heirs, <br />executors, administrators and assigns, jointly and severally, for the faithful performance of a c0ain written <br />contract, dated the of , 1999, entered into between the Principal and the County of Indian <br />River, Florida, for: <br />~ A copy of said Contract is incorporated herein by reference and is made a part hereof as if fully <br />copied herein. <br />NOW,. THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that if the Principal <br />shall in all respects comply with the terms and conditions of said Contract and his obligations thereunder, <br />including all of the Contract documents (that include the Advertisement for or Bids, Instructions to Bidders, <br />Proposal, Bid Bond, Contract, Performance Bond, Specifications, Addenda and Drawings), therein referred <br />to and made a part thereof, and such alterations as may be made in said Drawings and Specifications as <br />therein provided for, and shall indemnity and save harmless the County of Indian River against and from all <br />expenses, damages, injury or conduct, want of care of skill, negligence or default, including patent <br />infringement on the part of said Principal, his agents or employees, in the execution or performance of said <br />Contract, including errors in the Drawings furnished by said Principal, and further, it the Principal shall <br />promptly make payments to all who supply him, with labor and/or materials„ used directly or indirectly by the <br />Principal in the prosecution of the work provided for in said Contract, then this obligation shall be null and <br />void; otherwise, the Principal and Surety, jointly and severally, agree to pay the County of Indian River any <br />difference between the sum that the County of Indian River may be obliged to pay for the completion of said <br />work, by Contract or otherwise, and any damages, whether direct, indirect, or consequential, which the <br />County of Indian River may incur as a result of the failure of the said Principal to properly execute all of the <br />provisions of said Contract. <br />AND, the said Principal and Surety hereby further bind themselves, their successors, executors, <br />administrators and assigns, jointly and severally, that they will amply and fully protect the County of Indian <br />River against, and will pay any and all amounts, damages, costs and judgments which may be recovered <br />against or which the Owner may be called upon to pay to any person or corporation by reason of any <br />damage arising from the performance of the said work, repair or maintenance thereof, or the manner of <br />doing the same, or his agents or his servant-, or the infringements of any patent rights by reason of the arse <br />of any material furnished or work done, as aforesaid or otherwise. <br />I P13 - I <br />I <br />