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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 him 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 void ; 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 attorney'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 they will amply and fully protect the County of
<br /> ' Indian River against, and will pay any and all amounts , damages , costs and judgments which may
<br /> be recovered against or which the County of Indian River may be called upon to pay to any person
<br /> or corporation by reason of any damage arising from the performance of the said work, repair or
<br /> ' maintenance thereof, or the manner of doing the same , or his agents or his servants , or the
<br /> infringements of any patent rights by reason of the use of any material furnished or work done , as
<br /> 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, for value received , hereby stipulates and agrees that no change , extension of
<br /> time , alteration or addition to the terms of the Contract or to the work to be performed thereunder, or
<br /> the Specifications or Drawings accompanying the same , shall in anyway affect its obligations on this
<br /> Bond , and it does hereby waive notice of any such change , extension of time , alteration or addition
<br /> to the terms of the Contract or to the Work or to the Specifications or Drawings .
<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.
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<br /> ' 5/04/01 PERFORMANCE BOND 00610-2
<br /> F:\Public WorksWeithM\Storrnmeter Projects\Gifford East\Construction Contract\Bidding & Contract Documents\Bidding & Contract
<br /> Documents\00610 - Performance Bond .doc
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