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AND, the said Principal and Surety hereby further bind themselves, their successors, executors, administrators and assigns, jointly and severally, that they will amply and fully protect the County of Indian River against, and will pay any and all amounts, damages, costs and judgments which pray be recovered against or which the County of Indian River may be called upon to pay to any person or corporation by reason of any damage arising from the performance of the said work, repair or maintenance thereof, or the manner of doing the same, or his agents or his servants, or the infringements of any patent rights by reason of the use of any material furnished or work done, as aforesaid or otherwise. AND, the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder, or the Specifications or Drawings accompanying the same, shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the Specifications or Drawings. AND, the said Principal and Surety jomfly and severally covenant and-agree that this Bond will remain in full force and effect for a period of one year commencing on the date of Substantial Completion as established on the Certificate of Substantial Completion as issued by the County of Indian River. Principal and Surety expressly acknowledge that any and all provisions relating to liquidated damages contained in the Contact Documents are expressly covered by and made a part of this Bond. Principal and Surety acknowledge that any such provision lie within their obligations and within the coverages and limitations of this Bond. Florida Statutes Section 255 .05 '(2007), as amended from time to time, together with all notice and time provisions contained in subsection (2) of Florida Statutes Section 255 .05, is incorporated herein in its entirety by this reference. The Surety represents and warrants to the County of Indian River that it is licensed to conduct business in the state of Florida and has a Best Key Rating of A- VII or higher. IN WITNESS WHEREOF, the above bound patties executed this instrument under their several seals, this _2F day of 1-7192/ L 2008, the name and corporate seal of each corporate party being hereto affixed and these presents duty signed by its undersigned representative, pursuant to authority of its governing body. iiit►##Ii#i##ii # rti # Yiiiiitii#iitY# iiiii# iiiYYYYii#iiti Yii#ii # # iii# #Yi# # # # iii#iirtiYik CORPORATE ACKNOWLEDGEMENT: Attest: Z' Barth Construction , Inc. _ Secretary Name of rpora 13€� G � BY: °c , Signa e ( ftix Corporate SEAL) Printed Name Official Title FELLSMERE CONVENIENCE CENTER 00610 - 2 OOBtO — Performance Bond