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<br />September 19th., 1922. Continued
<br />surf to 13erfoirrri al! Nr)yfi in the prosmiition of said improve; :ient. tinder and according to the.ter s aril v `➢i`
<br />171 l __ adortc the i3o: rcj ,£ puhl}c Wt�tics S.1r•n 1922.
<br />dltiolrs ayf tm loveri t rt 12e5crlsltirn la"�: __..L0256.
<br />and the plans profile ancl, s ecifii::i+iolls on file in thn office of the 1, : tru zlt` of Public Works, which sxxil
<br />resolution, plsrls, ptofile and specification:, are rnade a part hereof. as tcI anti �ftectiially as if copled and
<br />set out herein at f1+11 Alt nt th.
<br />ono contractor further ex rr :l. ly covenants and agrees that in the pia,, xctttion of. sahi work all projwr
<br />st-ill acid care Y itl bf-, exE.rci i; it �iY r'l t r,l 1 1) ,ill i + ivb oti5 and danjfttt`otas p ees,
<br />and ['/41l lase all duer�i p' ji�r ,'' ftri 1 to i.)i �,t l 1tr,+y.,i , "y pel"'XI'l t r 1>'"' ^7`t11 t195t i l "hekiiilfi a�
<br />any Injury or dairi-a e iesultiiig ir, .a til,' yli " Or 1-S-.11* n. _ {t f���y t 4t r or t11�111i% t°t+l�!!t'<'1't tl tl1' f��STg��I hf
<br />arising there..floia, to any peison or prof rty, he v'il nay al -I jrf i,;i,i Lhs tiiw Vt ill;; twin oxpw,"a.n.d ai=
<br />sume the; liability therefor, and in the evelit of a,ny ci.aiei or (",this bF ll" rn lcl� i11 any ,-) kru,5 o il't, ow
<br />; hch-gf
<br />brought against the city by ieasofi Or of, 9,0couilt of or gro,,ving o?lt of "-. d vN rft Ctt i".y l tjtl .t'!"hc lilt �, is� iii`�
<br />contractor -will at his own expense defend the same, and -will pay any jtazlgM6r1l r,,ruti,r;r ,i ilwr iff, ..:7t1 wd! ill
<br />all respects fully indemnify and save harmless said city, its officers, ag(;nU or tr:';l:i ;til riot,
<br />expense, payrrient of judgment fei overed. in connection with such rldifn or i lain. ,, sc;ti,)fi ,�t' n+� t li,rlE,. Awl f
<br />within ten days aftei any suit, a do i is beguri, the city shall. nutify thl-- cc),ixraUttlt at It 1. tIi`f! + .,.t lli f' :J,
<br />tl!<n @lily' 1xlClgraent 1�€itY45'c ySUlli�'t. ii'tt it ilia li, bP. concluliivG `d ?�fifidt rile ((7fifi eLt`tF7 et rlil fi}(°t 1i6� (1td�'!'•;
<br />on his constructioa bu, u3 to th ax.;.o ::t, lisl;Zity aad otlii r matters purOaivilig thv tdtd,
<br />pug the co .-tractor agrees to.maintain said improvement acid ruale uc`h repairs as may be necessary
<br />the pperiod and in the mariner as fixed by the specifications, and -to secure tine --maintenance 'and' repair thereof
<br />to. file with the Board of Public Works a bond with sufficient surety thereon . -mid in an Amount as fixed by the
<br />specifieatlolgs.* And in doing such repair work the contractor and'tht surety on iris .guarantee bond shallbe
<br />subject to the sax�,e liability to *he city and any other person for any injury -or damage -to. -any pers,:.n or prop-
<br />ertxri the same ma rner and to the same extent as is fixed in the last preceding paragraph covering the con-
<br />yst) uction work.
<br />Aid it is further agreed by and between said p<artisesthat-the acceptance of the work provided for in this
<br />c6ntt a+ct, of the payment thereof, shall not constitute a waiver on the Vart of the city of any of.the provis-
<br />ietA;s of this contract, nor shall- it release said ccntra"ctor or the sureties on his bond for the faithful perform-
<br />atice thereof; nor shall the acceptance be prima facie evidence of the perforr,.ance of any provision of this
<br />contract, except to the extent of entitling the contractorlto the contract price therefor.
<br />The contractor agrees to pay for all labor -and materials used or furnished to be used in the making of
<br />such improvement and in the performance of this contract, whether done or furnished for him, or his agent,
<br />assignee, successor or subcontractor; and the city may reserve out of any allowance made on any estimate
<br />in favor of the contractor or};;� assigns, or out of tke, amount due him or his assigns upon the completion
<br />of the work, so -maid as ma3 cessary to pay all laborers or materiai meat for amounts due them for
<br />work done or materials used or iurnished to be used in the performance ofthis contract and'the doing of
<br />said -crone, and the rounty treasurer, acting as city treasurer, may retain money .collFcte'd from property
<br />owners assessed for said improvement to pay such debts or uutit the contractor stows that they have been
<br />paid or satisfied
<br />r e co nv-a c- Gores; to re", o---, all rubbish. earth, and unused material in the streets or sides t6herew
<br />upon the completion of the improve-nicnt or the repairing thereof.
<br />The -work of malt ibg such Irrprovemeait hail be cofiaaleterLaccordixg 4-o-the terms of thls ce utract oil os
<br />beforethe__.------------- ---------- - -----------.dav of....................................� ...........U,,.... , ...,... . , 1�..........r
<br />unless the time for the completion of the sar-�e shall be extended in writs.ib the Botbrd of Pubtle Works,
<br />And it is agreed that any such extension of time, or any alteration of this contract or of the wa nner br moth.
<br />od of doing such work_ shall in no way affect the duties, obligations .or liabilities of the contractor or his sucia-
<br />ties.
<br />It is -agreed that the contractor shall not assign this `ract, or sub -let the work or nay part thereof to
<br />be done hereunder, witho.ot the 'written cont._nt of the T3„ard of Public Works.
<br />It -is further agreed and stipulated that t%.t contractor shall give to residents of said city wid c-,, 3Fry
<br />prefc rt�;Aice in the employrnFnt of all labor necessary, in the performance of this contract, and failing to ttSl 190,
<br />shall forfeit to the city the sum of ten dollars for each failure to observe this stipulation.
<br />And upon the performance of all the terms and conditions of this contract, and things to be done alld
<br />perion_,ed by said contractor the said city agrees. to cause the cost of doing such work to be assessed, too
<br />lected and paid to said contractor in the manner fixed by the statute governing the making of such improve-
<br />raents,
<br />To each of the conditions and stipulations of this contract, including all and singular the, provisions and
<br />terms of the plans, profile, specifications and r, ,solution aforesaid, the under&igned binds himself or 'Itself,
<br />and tfFe.rc-pective successor or assig_ s-of such parties.
<br />In Testimony Whereof, We, the foregoing named parties,
<br />hereunto set our hands this 19th., day of Sept., 1922.. .
<br />CITY OF SOUTH BEND, INDIANA
<br />BY L. B. ' ` SLAUGHTER
<br />ALBERT-F. HONER.
<br />Its Board of Public Works.
<br />PHILIP CORN, Contractor
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