The copper era and Morenci leader., 1911-12-01

the work by the architect shall with in twenty-four hours after receiving written notice from the architect to t. a' effect, proceed to remove from the grounds or buildings all material condemned by said architect whether v1' ked or unworked, and take down all portions of the work which the ar chitect shall by like written notice condemn as unsound or improper; or as in any way failing to conform to the drawings and specifications and shall make good all work damaged or destroyed thereby.
 ART " Should the contractor at any time refuse or neglect to supply sufficiency of properly skilled work men or of materials of the proper quality, or to fail in any respect to T.osecute the work with promptness and diligence, or fail in the perform ance of any of agreements herein con- tained, such refusal, neglect or fail are being certified by the architect, the owner shall be at liberty, after ten days written notice to the con-
 
 materials and to deduct the costs thereof from any money then due or thereafter to become due to the con- tractor under this contract; and if the architect shall certify that such refus- al, neglect or failure is sufficient ground for such action, the owner shall also be at liberty to terminate the employmep+ of the contractor for the said work and to enter upon the premises and take possession, for the purpose of completing the work in crrded under this contract, of all ma t4rials, tools and appliances thereon, and~ to employ any other person or rersons to finish the work, and to pro- vide the materials therefor; and in case of such -discontinuance of t-e employment of the contractor he shall rIl be entitled to receive any further Lavment under this contract until the ss;id work shall be wholly finished, at Y, hich time, if the unpaid balance of tie amount to be paid under this con tact shall exceed the expense incur red by the owner in finishing the work, such excess shall be paid by the owner to the contractor; but if such expense shall exceed such unpaid bal ance, the contractor shall pay the diff fe ence to the owner. The expense in cured by the owner as herein provid- ed, either for furnishing materials or for furnishing the work, and any dam age incurred through such default. shall be audited and certified by the architect, whose certificate thereof stall be conclusive upon the parties.
 ART. VI. The contractor shall complete the several portions, and the whole of the work comprehended in ttis agreement by and at the times herein stated: to-wit: Contractor tC commence work not later than De cember 1st., A. D., 1911, and entire ly complete the same not later than June 1st, A. D., 1912, and failing in this respect contractor shall forfeit to the owner the sum of twenty dol lars for each and every day addition al that the contarct shall not be com pleted.
 ART. VII. Should the contractor be delayed in the prosecution of the Nork by the act, neglect, or default of he owner, or the architect. or of any . her contrsc ctOr employed by the wner, upon the woril, or by any dam- tge caused by fire, lightning, earth ,uake. cyclone, or other casualty for .l.ich the contractor is not responsi-
 (Conin1eG on page n.ne)