Milford chronicle., 1952-01-11

any sum remains unpaid to the Com |
pany shall have the effect of immed /
lately assigning all insurance on said
property to the Company, with power
to collect thereon and satisfy it's in Z
Ierest therefrOm. renting any excess
of the proceeds thereof to the Munic-
ipality, whether or not such insur-
anCe was taken out for the Company 5
benefit The Municipality agrees, /
also, to pay all taxes which may be
assessed against the machinery and
materials or it's purchase or use, and
shall make good any loss suffered by
the Company by reason of loss or
damage to the machinery and mater
ials caused by fire, carelessness, or
otherwise.
13. The liability and responsibility
of the Company under any covenant
or promise, express or implied, herein
contained is expressly limited in the
following respects:
a The Company shall not he liable
or responsible for any failure 20 de-
liver or for any delay in delivery, Or
for any failure or delay in transport
alton or shipment, or for the cOnSe-
/ Quences of any failure or delay in any
performance on its part hereunder,
/ where such failure or delay shall be
/ caused, directly or indirectly, by fire,
| floods, accidents, explosions, sabotage,
! strikes, combinations of labor or Other
/ labor disturbances (TegardlesS OF the
! rea soma bleneSS of the demands OF
/ lahor) civil connections, riots, IN
I vasions, wars, (paSt, present or tu-
ture). acts. restraints, requisitionS,
regulations or directions of Govern
ment or the voluntary or mandatory
1 compliance with any request or Oe-
mand of Government, or with any
officer, department, agency or comm
! ittee thereof, voluntary or mandatory
] vrtifh
mand by any competent authority or
/ of any agent or agency Thereon, TOT
| materials represented to be, dlrecIly
| or indirectly, for purpose relatlhB
to the national defense, for the pro-
/ duction of articles for national de-
fense or for completing national de-
! fense facilities, shortages OF laDor,
: power or raw materials, inablllty 10
obtain supplies, failures of normal
sources of supply, inability TO oDtalh n
or delays of transportation facllitieS'
anv act of God, or any cause, whether
similar or dissimilar to any OF the
foregoing, beyond the reasonable con-
troll of the Company and affecting It's
production and/or the delivery OF the
machinery and materials above SET
! forth, or the performance OF any ser
vices by the Company IN conhecllUI
Herewith The receipt OF said mach-
inery and materials, or any part
thereof, by the Municipality shall con
stitute a waiver of any delay or non
Drrforrnance hy the Company, In the
: delivery of the machinery ana mater
ials, or part thereof, so received: II
r Notwithstanding the provisions Ol TINS
: para graph, the Company should bt
held liable for the delay in the delivery
2 of the machinery and materials aDoN'
T set forth, or any part thereon, daHi'
ages for such delay shall in no even
? exceed in amount the reasonable rent
QI s1.,v. anEit a
: terials for the period OF such dela!
I which reasonable rental value is eH
+ Dresslv agreed to he the sole measure
o of damage to the Municipality in an!
event. H.. -,
t b. In the event any suit, action o.
y other legal proceedings IN wmch In. IN
4 legality or validity OF this COntrac
T OrV of the proceedings in prellmlnar.
y to and authorizing the same IN an
d TO and authorizing the same Shall II
any manner be brought IN questloh
d shall 5e filed or pending, the time 10
commencement or cOmpletloh ol uellH
e ery and installation OF said macnlneT
/, and equipment shall he extended dur
ing the period while said suit, action o
i other proceedings shall be penOln
d and until the same shall he hnall
= adjudicated and the Company sha
not he required to hegln or reSuIIl
= delivery. erection and installation un
e til such final adjudication, nor sha
e the Company be liable for any dam
= age due to the delay caused by cessa
e tion of work while such litigation
= pending or until such tinal adjudica
II tion. -,
e G. The Company shall not he hel
II responsible for damages OF any chai
= acter whether general or special OF
t.. iginal. direct, or consequential. arls
lie ing out of the use.Of or defect IN sal
r machinery or materials, it being spe
l. cificaliy agreed that the liability
l. the Company is specifically limited :
% hereinbefOre set forth. j.
p IA This proposal is executed IN u1
III Dlicate and it is expressly undefSto,
le that il contains all of the agreemen
ST between the parties hereto pertall
Sc inc to said machinery or materla
Id herein specified and that there Is
ly verbal understanding whatever %
le tween the parties hereto in reteren'
I'd thereto. This Proposal is blndlI
6, when signed by the Municipality az
ly approved by the local manager 81 II
in Respectfully suhmitte
ly .-.--.-.-.------.---
ne Name Of Company