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BK : 1742 PG : 1320 <br /> The above name Principal and Surety hereby jointly and severally agree <br /> Solid Waste Disposal District that every claimant as herein defined, who has Indian <br /> ibee River <br /> idCounty <br /> before the expiration of a period of ninety, (90) days after l�formance of the labor or after complete <br /> full <br /> delivery of materials and supplies by such claimant, may sue on this Bond for the use of attd► <br /> claimant, prosecute the suit to final judgment <br /> and have execution thereon. The I Sment such surra or atttas as may be justly due claimant, <br /> liable for the a >ndran River County Solid Waste Disposal District chill not be <br /> Commencedh Payment <br /> of any costs of expenses of any such scut. No suit or action shall be <br /> hereunder by any claimant: <br /> I . Unless claimant, other than one having direct contract with the Principal, shall within <br /> forty-five (45) days after beginning to furnish labor, materials or supplies for the <br /> Prosecution of the wo:lc, furnish the principal and Surety with a notice that he inter to <br /> look to this Bond for protection. <br /> 2. Unless claimant, other Char, one having direct contract with the Principal, dull within <br /> nanY (�) days after such claimant ' s performance of the labor or complete delivery of <br /> materials or supplies, deliver to the Principal and Surety written nonce of the performance <br /> Of Suds labor or delivery of such materials or supplies and the nonpayment therefore. <br /> 3 . After the expiration of one <br /> delivery of the materials or ( 1 ) year from the performance of the labor or completion of <br /> supplia; itbeing understood, however, that if any limitation <br /> embodied in this Bond is prohibited by any law controlling the construction hereat; such <br /> limitation permitted l be deemed <br /> uw w ed' $o as to be equal to the Minimum period of <br /> 4. Other then in a crate court of competent jurisdiction in and for Indian <br /> elsewhere. Court for tgiver County, <br /> Florida, a in the United States District he Southern District of Florida, and not <br /> 711c Surety, for value received, hereby stipulates and a time <br /> alteration of or addition to the temu of the Contract or to the work to peurfcrm� and r • <br /> the Specifications applicable thereto. Shan in any way affect its obligations on this Bond, and the <br /> Surety hereby waives notice of any such change, extension of time, alterations of or addition to the <br /> terms of the Contract, or to do the work or to the Specifications. <br /> The Surety rgxesents and warrants to the Indian River County Solid Waste Disposal District that it <br /> has RBest's Key Rating Guide, General Policyholder's Wring of "A" and Financial Size Category of <br /> Class s Best <br /> forceamend effect n for a periodSurety <br /> o oneevt�Y covenant and agree that this Bond win remain in full <br /> established on the Certificate of Final C(o ) w commencing on the date of Final Completion as <br /> Disposal District. mpletion as issued by the Indian River County Solid Waste <br /> TDisposal he Principal and Surety jointly and severally, agree to pay the District all losses, damages, expenses, Indian <br /> River County Solid Waste <br /> costs, and attorney's fees, includin <br /> pra <br /> ger the Indian River Count, Solid waste Disposal Dig g appellate <br /> trict sustains because of a default <br /> by the Principalpal under the Cotmact. <br /> 6706-3866612/5/04 <br /> Page 53 of 59 VRB <br /> TRUE COPY <br /> CERTIFICATION ON LAST PAGE <br /> J K . BARTON , CLERK <br />