Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1915-10-22

,,.,,;rution occurs in the service of the
ua,ractor hereunder, from whatever
cause arising-eNcept the retusal or IN
ahiIity of the city to receive the same
sha minimum payment when by the
tie ,isions of article V the city is obi-
ppated TO make for that month shall be
srsduced by the same proportion which
the elapsed time covered py tne aggre-
.sians in that month bears to the total
.ionsed time in that month.
ei"P'> ARTICLE XIII.
An hills hereunder shall be rendered
tha contractor not later than the
.os,,b dav of each month for the preced-
ing month. and such portions thereof
as may not he made the subject or some
aIain for deduction shall be paid by
.ha ritv not later than the fifteenth day
OF t'e ARTICLE XIV.
If at any time either party snail
emission of the other party. any breach
Of This contract has occurred which has
resulted in damage to the party SO
aa,aiming. such last named party shall.
trithin ninety days after the occurrence
W such act or omission, make such
claim in writing to the other party.
stating therein the act or omission
Whereon such claim Is based, and de-
manding arbitration thereof. and there
,nnn' unless the parties shall other
wise agree, the facts with respect TO
such alleged breach shall De determin ed
scting in the manner provided in
article XIV. and the damages resulting
therefrom shall be assessed by such
shnard Such determination and as
sessment shall be a condition precedent
20 any action to recover any damages
Arising out Of any breach hereof.
Any breach Of this contract which
q claim made under the provisions OF
This article within ninety days after
;ts occurrence shall for all purposes of
this article. be deemed to nave been
"a''e'' ARTICLE XIV.
All questions which by this agree
ment are to be. or may be submitted
to adoi Of three arbtrators. one to be
onnointed by each OF the parties and
the third to be appointed by those two.
The party requesting the arbitration
other ota party and shall in such notice
appoint it's arbitrator. Within fifteen
DAYS thereafter. by written notice to
the party claiming the arbltration. the
and in default thereof the first arbi-
traitor shall forthwith appoint the sec
ond. If within fifteen days after the APP
Two shall have failed to agree upon
third arbitrator. such third arbitrator
shall be appointed by such member OF
the Public Service Commission OF the
ed to make the appointment by the
marty claiming the arbitration, and as
may consent SO to appoint. Such third
arbitrator shall n eTsry e SasH ee
good standing In his profession. IN
nowise Interested In the matters sub
mitted, and in nowise connected with
continent. any arbitrator shall decline
to serve, or shall be unable to serve.
and shall in writing notify each or the
parties hereto. successor snail be APP
pointed in his stead, within fifteen days
after such notice. in the manner in
which the arbitrator so failing to serve
was appointed.
ment Of the third arbitrator the board
shall meet, after first giving to each or
the parties, unless such notice shall be
waived in writing. ten days notice OF
after hearing the parties and consider
ing such evidence as they may submit,
shall, in concurrence or by majority
make in writing and deliver to eacn OF
upon the matters submitted to them.
The findings. or award. properly SO
made shall be binding upon the parties
matters SO submitted, and in any suit
or action to which they may be peril
nent shall he treated as an agreed state
ment Of facts.
to the board of arbitrators their award.
or that OF majority Of them, made In
the manner hereinbefore In this article
H Hpon both parties. All expenses OF ar
bitration shall be borne as the arbitra-
tors may award. and all sums awarded
shall be due and payable within ten
ARTICLE XVI
No act or omission whatever which
otherwise would or might be apt or SUI
ncient to cancel or terminate this con-
tract, or to warrant its rescission, can.
collation. or termination on the part OF
the city. or in anywise relieve the CITY
from the obligation thereof; snail oe
to warrant the city in so resembling,
cancelling or terminating 1t until the
expiration OF forty-fve days after the
and every undischarged real and or
chattel mortgage Of record In Thurston
county. Washington, written notice OF
the existence Of which mortgage ana OF
the address Of the mortgage shall have
been given to the City Clerk for the
city. and to the lien of which mortgage,
by the terms thereof. this contract may
the city of Its intention to rescind, can
eel or terminate this contract, specify
ing the ground wherein 1t relies for Its
event that the omission shall continue
throughout, or the default shall not
have been made good within such forty
fve-day period; = WV,
At the option of the city, exercised
by written notice to the contractor.
given under the authority of an effect
I've and duly recorded ordinance OF the
city, and so given during the fifth year
of the hrst term, and at least six
months before the end thereof. the first
term shall be extended for period of
Ave years beyond the date when other,
wise It would end. and thereafter In all
respects the rights and obligations or
the parties shall be the same as II the
first term named in subdivision (a) or
article I had been such longer period;
except that during the extended period
the monthly payment provided for IN
article III to he made by the city snail
be one hundred and twenty-five dollars
(S125.00) instead Of one hundred and
sixty-six dollars and sixty-six cents
($166.66).
II the option hereinbefore last pro.
vided for shall not have been exercised
then at the option of the city. exercised
by written notice to the contractor,
given under the authority of an erect
i've and duly recorded ordinance OF the
city and so given during. the nth year
OF the second term. and at least SIX
months before the end thereof. the Sec
ond term shall be extended for period
Of FIVE years beyond the date when
~ a. 70