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tools and perform all the Work required under and pursuant to the terms and conditions
of said Agreement, and of the proposals, plans and specifications contained therein and
shall also indemnify and hold harmless the said Sussex County, the County Council and
Councilmembers thereof and all employees of said County, from all costs, damages and
expenses growing out of or by reason of the Work and completion of the above
mentioned Agreement, and shall well and truly pay all and every person furnishing
material or performing labor in and about said Agreement, all and every sum or sums of
money due it, them or any of them, for all such labor and materials for which the
Agreement is liable; then this obligation shall be void or else to be and remain in full
force and virtue, with the funds held by Sussex County pursuant to this Bond applied to
the costs of the Work secured hereby.
In the event the funds held by Sussex County pursuant to this Bond are
insufficient to complete the Work or to furnish the materials which Developer is
obligated to provide, and Sussex County shall incur any costs of any nature whatsoever
to administer the funds or to complete the Work or furnish the materials, Sussex County
shall have the right to seek reimbursement from the Developer, including, without
limitation, the right to bring an action to recover such costs in the appropriate Court of
the State of Delaware located in Sussex County. In such event, Developer shall be
liable not only for the principal due, but also reasonable attorney’s fees and costs
incurred by Sussex County.
THE FOLLOWING PARAGRAPH SETS FORTH A WARRANT OF AUTHORITY FOR
AN ATTORNEY TO CONFESS JUDGMENT AGAINST THE DEVELOPER. IN
GRANTING THIS WARRANT OF ATTORNEY TO CONFESS JUDGMENT AGAINST
THE DEVELOPER, THE DEVELOPER HEREBY KNOWINGLY, INTENTIONALLY AND
VOLUNTARILY AND, ON THE ADVICE OF THE SEPARATE COUNSEL OF THE
DEVELOPER, UNCONDITIONALLY WAIVES ANY AND ALL RIGHTS THE