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Florida Statutes Section 255 . 05 (2002) , as amended from time to time , together with all- notice and
<br /> time provisions contained therein , is incorporated herein in its entiretyby this reference .
<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 its obligations
<br /> thereunder, including all of the Contract Documents therein referred to and made a part thereof, and
<br /> such alterations as may be made in the Contract Drawings and Specifications as therein provided
<br /> for, and shall indemnify 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 the Principal , his agents or employees , in the execution or performance
<br /> of said Contract, including errors in the Drawings furnished by the Principal, and further, if the
<br /> Principal shall promptly make payments to all who supply hire with labor and/or materials used
<br /> directly or indirectly by the Principal in the prosecution of the Work provided for in said Contract,
<br /> then this obligation shall be null and voids otherwise, the Principal and Surety, jointly and severally,
<br /> agree to pay the County of Indian River any difference between the sum that the County of Indian
<br /> River may be obliged to pay for the completion of said Work, by contract or otherwise , and any
<br /> damages , whether direct, indirect, or consequential , including reasonable attomey's fees (including
<br /> appellate proceedings), which the County of Indian River may incur as a result of the failure of the
<br /> Principal to properly execute all of the provisions of the Contract.
<br /> AND , the said Principal and Surety hereby further bind themselves, their successors , executors ,
<br /> administrators and assigns , jointly and severally, that theywill amply and fully protect the County of
<br /> Indian River against, and will pay any and all amounts , damages , costs and judgments , including
<br /> reasonable attomey fees (including appellate proceedings) which may be recovered against or
<br /> which the County of Indian River may be called upon to pay to any person or corporation by reason
<br /> of any damage arising from the performance of the said work, repair or maintenance thereof, or the
<br /> manner of doing the same , or his agents or his servants , orthe infringements of any patent rights by
<br /> reason of the use of any material furnished or work done , as aforesaid or otherwise .
<br /> Principal and Surety expressly acknowledge that any and all provisions relating to . liquidated
<br /> damages contained in the Contract are expressly covered by and made a part of this Bond .
<br /> Principal and Surety acknowledge that any such provisions lie within their obligations and within the
<br /> policy coverages and limitations of this Bond .
<br /> AND , the said Surety, forvalue received , hereby stipulates and agrees that no change, extension of
<br /> time , increase in the Contract price , alteration or addition to the terms of the Contract orto the Work
<br /> to be performed thereunder, or the Specifications or Drawings accompanying the same , shall in any
<br /> way affect its obligations on this Bond, and it does hereby waive notice of any such change ,
<br /> extension of time, alteration or addition to the terms of the Contract or to the Work or to the
<br /> Specifications or Drawings.
<br /> AND the Surety represents and warrants to the County of Indian River that it has a Best's Key
<br /> Rating Guide, General Policy Holders Rating of "A" and Financial Size Category of Class 'X" .
<br /> AND, the said Principal and Surety jointly and severally covenant and agree that this Bond will
<br /> remain in full force and effect for a period of one year commencing on the date of Final Completion
<br /> as established on the Certificate of Final Completion as issued by the County of Indian River.
<br /> 4/11 /03 PERFORMANCE BOND — ADDENDUM #1 00610-2
<br /> F%Public Works%KeithM%StormueterProjectslGifford EasflConstruction ContractSidding & Contract DocumentskBi riding & Contract
<br /> Documepts100610 - Perbrmance Bond - ADDENDUM #1 doc
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