Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1915-10-29

...rsfrom shall be assessed by such
tord such a determination and as
ovssment shall be a condition precedent
TO any action to recover any damages
ANY breach of this contract which
s,aIi not have been made the basis of
q claim made under the provisions of
a.; ;,s'1 occurrence shall. for all purposes of
this article. he deemed to have been
waived. ,prrc,Jr WV
an questions which by this agree
ment are To he, or may be submitted
90 arbitration shall be submitted to a
hoard of three arbitrators. one to be
onnoinied by each of the parties and
The party requesting the arbitration
shall do so by written notice to the
other party and shall in such notice
appoint its arbitrator. Within fifteen
DAYS thereafter. by written notice to
the party claiming the arbitration, the
other party shall appoint it's arbitrator.
and in default thereof the first arbi-
traitor shall forthwith appoint the sec
and. If within fifteen days after the APP
nointment of the second arbitrator the
Two shall have failed to agree upon a
third arbitrator, such third arbitrator
shall be appointed by such member Of
state of Washington as may be request
ed to make the appointment by the
party claiming the arbitration. and as
may consent so to appoint. Such. third
arbitrator shall in every case be an
electrical or mechanical engineer of
good standing in his profession. in
nowise interested in the matters sub
mitted, and in nowise connected with
pointment. any arbitrator shall decline
TO serve. or shall be unable to serve.
and shall in writing notify each of the
na rites hereto, a successor shall be ap-
pointed in his stead, within fifteen days
after such notice. in the manner in
which the arbitrator so failing to serve
was appointed.
AS soon as may be after the appoint
ment of the third arbitrator the board
shall meet. after first giving to each OF
the parties, unless such notice shall be
waived in writing, ten days notice of
the time and place of the meeting and
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 each OF
the parties. written findings of fact
upon the matters submitted to them.
The findings, or award, properly so
made shall be binding upon the parties
for all purposes with respect to the
or action to which they may be perth
nent shall he treated as an agreed state
ment of facts.
to the board of arbitrator their award,
or that of majority of them made in
the manner hereinbefore in this article
provided, shall be final and binding
bltration shall be borne as the arbitra-
tors may award. and all sums awarded
shall be due and payable within ten
Gays from ' AR aTSEd; XVI
No act or omission whatever which
otherwise would or might be apt or suf-
fcient to cancel or terminate this con-
tract. or to warrant its rescission, can
nn1 a ~ a mi N Ia ha nut 90
the city. or In anywise relieve the city
from the obligation thereof, shall be
effective so to cancel or terminate 1t, or
to warrant the city in so resembling,
expiration of forty five days after the
receipt by the mortgage named in any
and every undischarged real and Or
chattel mortgage of record in Thurston
county. Washington. written notice of
the existence of which mortgage and Of
the address of the mortgage shall have
been given to the City Clerk for the
city, and 20 the lien OF which mortgage,
by the terms thereof. this contract may
then be subject. OF written notice from
the city OF its intention to rescind. cam
eel or terminate this contract, specify
Ing the ground wherein it relies for fits
right so to do. and even so. only in the
event that the omission shall continue
throughout, or the default shall not
have been made good within such forty
ARTICLE XVII.
(. At the option of the city. exercised
by written notice to the contractor.
given under the authority of an effect
city, and so given during the fifth year
of the first term, and at least six
months before the end thereof, the first
five years beyond the date when other
wise 1t would end, and thereafter in all
respects the rights and obligations of
the parties shall be the same as II the
,aA fs1 c,,h lot fnA @fl
article | had been such longer period
except that during the extended period
the monthly payment provided for In
article III to be made by the city shall
(Sl25.00) instead Of one hundred and
sixty-six dollars and sixty-siX cents
($16666).
II the option hereinbefore last pro-
vided for shall not have been exercised
then. at the option of the city. exercised
by written notice to the contractor.
given under the authority of an effect
city, and so given during the fifth year
Of the second term. and at least six
months before the end thereof. the sec
'yd term shall be extended for period
- hve years beyond the date when
otherwise 1t would end. and thereafter
n all respects the rights and obliga-
lions OF the parties shall be the same as
sion (b) of article had been such longer
period except that during the extended
period the rate Of payment for each
horse power taken and used by the city.
provided In article v, shall be one dol
lar and twenty-five cents ($l.25) In
stead Ct one dollar and sixty-seven
cents (31.6O.
And. in the event Of the exercise Of
either OF these options OF renewal, the
city shall have like option to be exer-
cised In like manner. to extend the term
30 once extended for a further period of
Ave years, but without other change,
either in the rate or in any other re-
Bpect.
ARTICLE XVIII
This contract may be assigned by the
contractor to any corporation having
power to perform the agreements here
In expressed as, to be performed and OBJ
served on the part Of the contractor.
and upon such assignment. upon the
thereof by the assignee, and
upon the fling with the City Clerk for
the city of an undertaking to he bound
hereby in like manner and to the same
extent as the contractor is now bound.
the contractor herein named shall cease
TO be In any manner bound hereby and
the assignee shall thereafter in all re-
spects stand in his place and stead. And
20 may successive assignments be made
A sale Of this contract on foreclosure of
any mortgage. to the lien Of which. by
the terms thereof. this contract shall
nave been subjected. shall be deemed tO|
ne an assignment within the meaning