Arizona republican., 1920-12-11

specifications and conditions herein contained and referred to, the said Maricopa County, by it's highway com mission, shall pay and the contractor shall receive and accept as full com | pensation for everything furnished and done by the contractor under this con- tract and also for all loss or damage arising out of the nature of the work, | the action of the elements or from any unforeseen contingencies or difficulties encountered in the prosecution of the work the prices stipulated in the pro | posal, above referred to and made part hereof.
 ! 9. Time shall be of the essence of | this contract on the part of the con tractor and it is hereby agreed by the | parties hereto that in case all of the work called for under said contract, in | all parts and requirements is not com ! pleted by and at the time herein men | toned or by and at such other time to which the period of completion may be extended, damage will be sustained by | said Maricopa County, and that it is and will be difficult or impossible to | ascertain and determine the actual damage which said Maricopa County | will sustain in the event of and by reason of such delay; and it is there | fore agreed that said contractor shall pay to said Maricopa County, as lIqui- dated damages and not as penalty an amount equal to the cost of maintain ing the necessary force of engineers and inspectors on the work during the additional time. which said amount is hereby agreed upon as the damage that will be suffered by said Maricopa | County by such failure to complete the work within the time named in the | contract or any extension granted as herein provided nothing in this pro- vision, however, shall affect the right of the commissions to annul the con- tract for any such delay; and the Mari copa County Highway Commission may deduct the same from the amount due or to become due to the contractor and such payments or deductions shal
 not in any degree release the contrac- tor from the further obligations and penalties in respect to the fulfillment Of the entire contract, or any right
 which the Maricopa County Highway Commission of said Maricopa County may have to claim, sue for and recover compensation and damages for non- performance of this contract. Nc charge will be made by the contractor for hindrances or delays from any cause whatsoever in the progress o1
 the work, but such hindrances' or de lays may Oc nGlQ AS SOLAACAChI LCcAoSA for an extension of the time allowed for the completion of the work.
 4. Said work shall be commenced
 on or before the 3rd day of June, 1920 and shall be completed on or before the
 1st day of May, 1922. Provided, how ever, that should the contractor be de layed in the prosecution or comple.
 tion of the work by any act. neglect ol
 fault of the Commission, or any dam
 age caused by strikes, acts of God, ol
 any other cause over which the con.
 tractor has no control. then the timt
 herein set for the completion of th'
 work shall be extended for a period equivalent to the time lost by reasoI
 of any or all of the causes aforesaid
 which extended period shall be deter
 mined and fixed by the Maricop;
 County Highway Commission, but m
 such allowance shall be made unless
 claim therefor is presented in writinl
 to the Commission within ten (10
 days after the occurrence of such de
 lay. The suretieS on the bond accom-
 panying this contract shall by the ex
 ecution of such bond, be deemed t
 have consented to all extensions O
 time for the completion of the worl
 which may be granted by the Commis
 sion. The Maricopa County Highwa.
 Commission hereby reserves the righ to accept and make use of any portion Of said work before the completion O
 the entire work without invalldatine