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arm
<br />Y.nd the concractor agrees ..a -ain saiu ii.
<br />the er od and -in the manner as fixed by -the sn ci.�ca+ions, and iG steaks th t lzdi ie`_1e411GO_ 4 n� rev,4#V
<br />to fi e. with the Board: of Public Works a bond with sufficient stitety thereon aid in an Mautit' a�
<br />specifications. And in doing such repair work the contractor andgthe attrety on his stttarat.tee bond §Mill tr!
<br />subject to the same liability to the city and any other person for any injury or damage to ftn.y per.A or pto; ;
<br />erty in the same manner and to the same extent as is fixed in the last preceding paragraph Coveting the eo't-
<br />sstruction work.
<br />And it is further agreed by and between said parties that the acceptance of the work€ rovfdod dr lu tt i�a
<br />contract, or the payment thereof, shall not constitute a waiver on the part of the City 0 KhY of the proves -
<br />ions of this contract, nor shall it'rAease said contractor or the sureties an his bond for the fdithfUl perforr;i=
<br />ante thereof; nor shall the acceptance be priina facie evidence of the performance of any prt5vfaidti of this
<br />contract, except to the extent of entitling the contractor to the contract price therefor.
<br />The contractor agrees to pay for all labor and materials used or furnished to be used in the Makiflg of
<br />such improvement and in the performance of this contract, whether doile or ftiriiislled for him, or his a.genti
<br />assignee, successor or subcontractor; and the oily may reserve out of atily.slldwaitce tiisde On arty tstimate
<br />in falor of the contractor or assigns, or out of the anioutit due him or his assigns upon the commpietion
<br />of the work, so much: as ma;. -cessary to pay all labores or tiloeriat men for atn6ut31s dtie them lot
<br />svock done or. materials used or xuraished to be used in the performance of this 66ritritct and tht doing ot
<br />said work, and the e:ounty treasurer, acting as city treasurer, Mxy retain fttotwy eblWtted froth property
<br />owners assessed for said improvement to pay such debts or until ff e contractor shores chat they havd. been
<br />paid or satisfied
<br />('c, - . c;,> Lo renmu _ all iu'^.: 3i1, earth. and unused material in the stieets or sides there.ot
<br />upon the completion of the improvemcrit or the repairing thereof. ° °
<br />The work of making such improvement shall be completed according to the terx ns of this contract on cor
<br />beforethe ----------------------------------- ----------------------- ------------------dav of-------------- ------------------- 19..........
<br />unless the time for the completion of the sar-e shalt be ex+erded in writi::g by the Board of Public Works,
<br />And it is agreed that any such extension of ti fie. or anv al+ -era` r ion of this crtract or of the manner or meth-
<br />od of, doing such worn shall in no way affect t-he duties. ob';gatio-,s or'iabilities of the contractor or his sure
<br />ties.
<br />It is agreed that the contractor shall- not-.ssi,gn this •; or sub -let the work or any part thereof to
<br />be done hereunder, witho;-t the v;ri` en o:._ ^;1 of the Board c; P--blic Works.
<br />It is further agreed a:�d stipLda,ed *117,�t contractor shah Eve to residents of said city ar.d county
<br />preference in the ernploym .fit of -ll labor necessary in the performance of this contract, and failing to do so,
<br />shall forfeit to the city the slim or ten dollars for each faihire to observe this stipulation.
<br />And upon the performance of all the terms and conditions of this contract. and things to be done and
<br />performed by said contractor the said city agrees to cause the cost cf doing such work to be assessed, col-
<br />lected and paid to said contractor in the manner fixed by the statute governing the making of such imprvve-
<br />tfients.
<br />To each of the conditions and stipulations of this contract, including all and singLular the provisions and
<br />terms of the plans, profile, specifications and resolution aforesaid, the. undersigned Inds himself or . itself,
<br />and the r�.�r:ective ST'CCCscpr pr p1'— : fir t:• "nc
<br />IN TESTIMONY WHEREOF, We, the foregoing named parties,
<br />hereunto set, our hands this 26t,h. day of "June 1923.
<br />CITY OF SOUTH BEND,. INDIANA TEE WHITE CONSTRUCTION COMPANY
<br />BY L. B. SLAUGHTER BY F. J. HERLIHY, Gen. Mgr.
<br />ALBERT F. HONER H. B. DETWEILER, Secy.
<br />Con-bract,or.
<br />.. ..0011STRUCTION IBOND
<br />t : _ � :e pre c.-A& That vyti_ T � Y, iLe �o, st,rucl,ion Co.
<br />.....
<br />of the-Cowity of _ 3 ... State of_ s§ Pfhwi-
<br />pal, acid ir.;�i.A�t '_qt: 't d.4 'Pfdffl•i 1, Guaranty Com and
<br />of the, State of........,, ax*J and--------------------------
<br />as sureties; are held and firmly bound to the City of South $end, Indiana, is the sum sf S,� i.hn� sand
<br />PRO dr..e_i-gh.1 y__f aur--------.. j_ --. =...7_-N11ars M 79284.0Q,
<br />for the payment 'of which; welt and trttly to'be made, we jointly a severally oursel}isrg� b-*_ ,
<br />executors, adminstrators and assigns, firmly by these presents.
<br />The conditions of the obligation are such that if the -above named._
<br />`„reO-- ,mac VJh i..a ('Cln.911 ni.lon Co. --_ -shaft faithfully comply with the foregoing contracts
<br />trade and entered into the---- >1 dap of__ __ �.Iune 1923 . ....=.,n
<br />---- —, ��-Y--- - -- r
<br />with the City of South Bend, Indtanp and shall fulfill al the conditions and stipulations therein contained,
<br />according to the true intent ar_d mea.iing th--eof, in all respects, then this obligation to be void. otherwigo
<br />to be and remain in full force and virtue in law. In the eve-.:: the said City shall extend the titne for the
<br />completion of said work, such extension shall not in a`iy way release the sureties on this bond,
<br />This shall be a construction Fond, and the sureties on the same shall not be held responsible for th@
<br />maintenance and repair of the improvement after it has been accepted by the second party, but such st4fe&s
<br />shall be held responsible for the fait'-rul co:unl;ance w::th all o+l,Pr conditions, stin'ttstirms Xnd r#4"fsremR"tc
<br />covered by or -set out in the cortrQ,t.
<br />bVI 1 NESS' our hands and =ea'.s this ...--------- L. 1iha.:.,--.GAT
<br />Un •i,�d.. ,e,ies.-Fid�eliLy...&...............(SEAL,) .. .:WRITZ.....&�
<br />Guaranty Company BY F. J. HERLIHY, Gen,'
<br />By'-:/-- Do nfaC1,--.......__.........^(5F:1L) �:."B: `-DETWEI:TE',T{;1. 6T�':'( t. .
<br />The :, ove and approved this__^_..._ 26: 1
<br />
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