The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1881-07-30

part shall. OH Oue NOtlCe OF SuCn dlltId'
ton or addition, increase the number OF
his wOrkmen IL necessary 50 as to fully
complete said work in u proper manner
and deliver it up to the party OF the Sec
ond part in good order for use on or be-
fore the first day of NOvember.A ID. 1882
And II is hereby especially agreed and
understood by the contracting parties
that time Is the essence of this contract,
and it is also agreed that ii said work is
not completely finished and delivered up
to the party of the second part as afore-
said, that the party OF the first part shall
forfeit and ray to the party OF the second
part as liquidatad damages, the sum OF
twenty-five dollars per day for every day
said work remains unfinished and unde-
livered, which sum or forfeiture the
party of the second part shall have a
right to deduct out of any moneys that
may be due and owing TO the party Of the
first part on account Of the work. In
case Of such additions, deductions or al
terations in the work rs hereinbefore
provided, and the parties to this contract
cannot agree upon the value of the same,
it shall lie the duty of the superintend-
ent to determine the value of said work.
and add to or deduct from the contract
price 10 the case may be. And IN this las in
all questions of difference arising under
this contract, appeal may be had to the
architect, whose decision shall be final.
Furthermore. il it shall be found that the
party of the first part does not commence
he work at the time. indicated or contem-
lated by this contract. or, having COM
henced the same, refuses or neglects to
proceed with it so as to bring 1t to COM
pletiOn by the time indicated. or IT they
shall neglect or refuse to furnish such
materia. for or to do the work in accord
ance with the requirements Of the plans
and specifications herein referred to, or
s directed 10y the architect or superin-
lendent, it shall be lawful for the party
of the second part, after having. given
three days notice, to employ such other
person or persons, by contract Or other
wise, as may be necessary to complete
the several unfinished parts of the build
ing as remain incomplete, and the bill or
y lis of such artticers lis may be so en-
Eyed, and all necessary incidental eX'
nses growing out of the same, Shall be
educted out Of any moneys that may be
due and owing to the party of the first
part on account of the work.
Furthermore. 1t shall be the duty of the
party of the first part tn remove any and
all rejected material off the premises, II
requested TO do 80; to take down, recon-
struct or rebuild any work that the ar
chitect or inspector of the work shall de-
termine is not done in accordance with
the plans and specifications, and 1t Shall
be the duty of the party of the tirSt part
to secure and take care of any and every
part of his or their work, so as to prevent
accidents by the elements or Otherwise
extraordinary and positively unavoidable
accidents only eXcepted-and 50 that the
whole shall remain sound ard in good
condition during the progress OF the
onH until haliypral n finished
And the party of the first part shall be
liable to the party of the second part for
any damage to the building, or any me- |
chanical work which is being done in
connection with the work of the party of |
the first part; and the said party of the |
second part shall also be liable to the |
party of the first part in similar man
ner for any damage that may accrue to |
the party Of the first part on account OF |
the neglect, CareessnesS or omission or
duty on the part of the party Of the sec
Ond part, or any person or persons whom
said party OF the second part shall en- |
ploy or cause to be employed on these |
works.
And 1t is Furthermore especially agreed |
that if in the progress OF the work 1t |
shall be found by the architect that the |
party of the first part IS not doing said |
work in a proper manner and that it is
necessary to have an inspector constantly |
on the work in order to insure its being |
so done, then the architect or the party |
of the second part may employ some
suitable person to act as such inspector.
whose duty it shall be to give all needed
directions and instructions in regard to
the WORT, in the absence of the architect,
and such directions or instructions are to
be regarded and followed, unless coun-
demanded by the architect, and the
necessary remuneration or expense OF
employing such person or inspector shall
be determined by the architect. not how
ever to exceed the sum of four dollars per
day, which sum shallalso be from
any money that may be due and owing
to the party of the first part on account
of the work. No part OF this work is to
be re-let or sub-contracted without the
consent IN writing OF the party OF the
second part or the architect.
And, furthermore, that said party OF
the second part, for and IN consideration
of the faithful performance on the part
of the party of the first part OF the sew
eral covenants and agreements herelnbe-
fore reclted and on the certificate of the
architect certifying the same, does hereby
promise and agree to pay to the said
party of the first part the full sum of
one hundred and seventeen thousand
anu seven nuNuTeu uOlldIS-duulliS W VI
deducting therefrom as hereinbefore pro-
vided
1t is further agreed and understood by
and between the parties hereto, that said
party of the first part shall be paid said
sum of one hundred and seventeen thous-
and and seven hundred dollars forthe cree
ton and completion of said county court
hOusein manner following, tO-wit: eighty
per cent. upon estimates made once "a
month by the architect, upon work done
and materials set in position in the build
ing, said payments to be made on the
certificates of the experimenting archi-
tect, and the balance when said work
shall be fully completed and accepted by
said party of the second part.
In witness whereof, the said parties of
the first part have hereunto set their
hands and seals, and the said party of the
second part has caused this contract to
ha 49, 10. ohn, Of tho hoard |