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<br />Tuesday June 27th., 1922. Continued,
<br />and to perform a4, work in the prosecution of said -------- adopted y
<br />d improvement under and according to the t*rme and con-
<br />-- ado b the Board of Public *orks.A�lr.JJ...JZ 19', •
<br />dikions Of Improvement Resolution No. ........ .-_----P
<br />and the plans,'profile a.n.d specifi'caticprS on file in the office oftheDepartment of ,Public Works, whfch sal
<br />resolution, plans, profile and specifications are made a part hereof as fully and effectually as if Copied and
<br />set out herein at full length.
<br />The contractor further expressly covenants and agrees that in the prosPcu�ton of sat
<br />work ill proper
<br />�l moron 'z: 1 1,.0}^ + all excavations and dangerous places,
<br />shill and care �- '1 he exerc s .a;,tr ..t he ,�*_ that in tlz6 event 01
<br />and will use a.11 diie 3.+,d pro -?far pr !`aatt O� t Dr irrt,li r frnr _—v er^.t'ter oson or r the^nr' r nrect°ed therewith or
<br />any injury or dam^.me resat.'. 9 frcrn t_ , - �r
<br />arising therefrom, to any pers^-i or prop r v, h - - �1 1`ay ai, nr .date the s ins 2t �iis own expense, and as
<br />the liability therefor; and in the event of any date. or claims being made or any action or actions being
<br />brought against the city by reason or on accctir t of or growing oi~t of � "d work or its construction, the said
<br />contractor will at his own expense defend the same, and v ,ill pay any judgment recovered therein# and will in
<br />all respects fully indemnify and save harmless said city, its officers, agents or representatives from all cost,
<br />expense, payment or judgment recovered in connection with such claim or claims, .action or actions. And 'f
<br />within ten days after any such action is begun, the city shall notify the contractor of the pendency ther�-.of,
<br />theta any judgment reuAeree' against the city shall be dd elusive against thecontractor
<br />also rtod against the curet y
<br />on ilia xstructian bc, 1, as.w tb am .. t< k+ pertaining .
<br />And the contractor sgrcas to maintain said sinprovement a-ia mai.e such repairs. as may be necessary t:.[ .
<br />tho ®rood add In the manner as fixed by the specifications, and to secure the tnainteuance and repair thereof
<br />to a with.the Board of Public Work.# a bond. with sufficient surety thereon and in an amount. as fixed by the
<br />specifications.- And in doing such repair work the contractor and the surety" on his guarantee bond shall be
<br />subject to the sai'rie liability to the city and any otker person for any injury, or damage to any persFan or prop-
<br />erty in the same manner $nd to the same extent as is fixed is the last preceding paragraph covering the con-
<br />struction work,
<br />AM it is Krther agreed by and betwees said part`*s that the acceptance of the work provided for in tlris
<br />corltrosct, or tho payment thereof, shall not constitute a waiver on the part of the city of any of the provis-
<br />lolu of this Contract, nor shall it r letae said ecntractor or tke sureties on his bond for the faithful perform -
<br />ante thereof; rich shall the acceptance be prized facie evioience of the performance of any provision 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 tke making of
<br />such improvement and in the performance of this contract, v, hether done or furnished for him, 'or his agent,
<br />assignee, successor or su'bcontrattor; anti the city may rest±rve out of any allowance made on any estimate
<br />to favor of the contractor or 1-assigns, or out of -the amount due him or Isis assigns upon thecompletion
<br />bf the work, ko much as ma- ctssary to pay all laborers`" r materiai lawn for amounts due there for
<br />*a* done or materials used or furnished to be used in the -performance of this contract and the doing of
<br />said work, and the county treasurer,`' Acting as city treasurer,• may to -fain money colt`s_�:ted from, property
<br />owners assessed for said improvement to pay such debts or *•al the eontraetor sows that they Kaye been
<br />paid or satisfied
<br />:e An„c -a - "c7 Yr xq r4 9--y an irivy"MM, earth, and asmsed waterw in tM veta %t i rl
<br />e W'"JA0it -_A "" the tepa;ring thereof.
<br />@ ®i t tt
<br />fww,�mt shall be corn-)leted" according to *e to of *k tiff Masp
<br />.�= s rse.•yf...�...,.;.. r_dav �f_ _aa<_ :aa:aa:a:::se .s:� ��:` :`.:::�8�
<br />i f ti . jot the saxjP shall be extended in wrtti V by tide Board of Fialb a ovkl%
<br />�, r �f t s 4411
<br />ph #-xte-elan of time, or any alteration of this contract or of the �€mg.1111er or �lift4.
<br />b #[R 4g9 Wgrh in no way siff+sct the duties, obligations or liabilities of the contra00f Of hid 64ris
<br />9 �j r lid fhllf the Vontrsetor shall not P.ssign •this -r-.xt. or sub -let the work or any peat therld 10
<br />h fierolitloor, Withoot this writ:kri co.;s.,nt of the b,.. rd of P..blic Works,
<br />th r Agreed tind ptilittla ed that t',a., contractor shall give to residents of said eft a d my
<br />SM
<br />�h#III j y `ant pf ill labor necessary in the performance of this contract, aid fs lfng to did ter
<br />to t i ej the `salt pf tart dt�llars for each failure to observe this stipulati*n.
<br />�h f pal ormarito of all the -terms and conditions of .this contract, and things to bo dgna nd
<br />e Alsl e6atractor the said city agrees to cause the cost o f doing such" work t0 be asss9ssd,
<br />MIA au tractor in the manner fixed by the statute governing the making of � f prow"
<br />tot h tj% ,dit401l$ AtId stipulations of this contract, including aH and. singular the, provisions apd
<br />g � 1 lt� e tf rations ai:d resolution aforesaid, tlst uudetsigized bincii hlitis if Oi, itself:
<br />ussiwgs of such parties.
<br />In Testimony Wheteof, We, theforegoing:named parties, hereunto
<br />set our hands this 23rd. day of June 1922.
<br />THE THITE "CONSTRUCTION CO.
<br />CITY OF SOUTH..BEND_ INDIANA BY H. B. DETWF.ILER, Secy.
<br />BY L. B._SLAUGHTER Contractor.
<br />L. P. HARDY
<br />ALB�'RT ' HOXER
<br />Its Boar o� Pu ,id Works. C :.,SFIUC MA!
<br />•-.. , L-., . _ <3s. That we.... �}"G,..I h- --fie
<br />-- t.�
<br />of the Cot_. ity of--_ ---- _..-_-Mi1m9.ukee_ , State of___--- ��QQUSIU- --- •...... ns psist^,r-
<br />PA1, and r- Q -•arts mi�srz�.sca�c -
<br />o post on and State of ---------------------
<br />as ,.--
<br />of the County of -- -- "•"""--
<br />sureties, are held. and firmly bound to the City of South Bend, Indiana, in the sum of ....... Txza1V.P__....
<br />,..,,
<br />Hundred thrs_e__and__nn / i nQ __- _ -_ � _ �-� �.� �...Doliars ($ 1233 .
<br />for- he payment of which, well and truly to be made, we jointly and severally bind
<br />,j P y
<br />el:acutors, adminstrators and assigns, firmly by these presents. -
<br />T'he conditions of the obligation are such that if the above named;? .--.....»:. ..... ----
<br />The _White Constructl9.n_._.Co--- ---- f faithfully comply with the fteihd Mitraz,.
<br />day of.... l�
<br />r, de and enter, into the --------2.3r'-E��-Flc?=:
<br />r Y
<br />with the City of youth £er_�, ,ndian� any+ shall : , 11 s1 the conditions ati' �tlpilrati0h�s tliereiti efilAined,
<br />according to the true intent a.:i me ng, th, eel, in a.I z' , : �s, titer# this obligatiori to be Void, c�ithefv?i'sa
<br />to be. and remain in full force and virtue .in law. In the eve. _ the said
<br />it s'nll eteriil Elie Elmo iCr the
<br />completion of sai&work, such extension shall not in any way release the sureties on this boritl:
<br />This shall be a construction 'bond, and the sureties on the same shall not be held fd§pansible f6t the
<br />maintenance and- repair of the impro fement after it has o been
<br />ccepted er e>i'iclbiti the 8etond stipttlapatt taut real irexrients
<br />shall be held responsible for the fait ul compliance w
<br />covarsd 13,y or seet out iu the c-oritract.
<br />
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