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' _/ <br />Tuesday feb <br />The' f ollo*ing h ontract -and b and vas :� apptloved' by the.° Hoard, , <br />9 <br />A G R EIS E M E N T. j <br />This Agreement ,made the 18th. day of f eb. 1920 by and betwer_J. W. <br />Wernts and Son of South°Bend, . Indiana, hereinaiter called the Contractor, and the <br />City of Sou th Bead, Indiana by the :Board of P�' lie Works . hereinafter called the <br />Owner. <br />Witnesseth, that the Contractor and the Ownwr for the consideration_ <br />hereinafter name&"And .agreed As follows:- for - the , red000ra"t ing of the interior <br />' of the City Hail as per spec if icat ions and bid.; <br />the contractor agrees to pay for all labor and materials used or fur- <br />nished to be used in the making of such improve�mobt known as the redecorating <br />of the interior of the City Hall as per specifications and in the performance of t <br />this contraot, whether done -or furnished for him, or his agents, assigns, successor <br />or sub -contractor; and the City may reserve ki* out of any allov�anee made on any <br />estimate in favor of the contractor or his assignees, or out of the amount :due <br />him or his assignee upon the completion of thw iwork, so much as may be necessary <br />t,o pay all laborers or material men for amounts due them for work done or materials <br />used or furnished to be used -in the performance) of this contract and' the "doing of <br />s add Work, and the Board*of Pub 1 is Works may retain money clue said contractor to <br />pay such debt's or until the contractor shows that they have been paid or ratified, <br />It is agreed that the Contractor shall, not assign this contract, or <br />sub -let the worm or any; part thereof to be done hereunder, withoutthe written <br />consent of the Beard of'Public Works. j <br />The eont�actor further expressly covenants and agrees that in the <br />prosecution of said work all proper skill and care will be exercised; that he will <br />properly guard and protect dangerous places, and will use all due and proper pro - <br />caution t© prevent injury to any person or property; that in the event of any in- <br />jury or damage resulting from the work or resulting from any matter or thing <br />connected therewith or arising therefrom, to an� person or property, he will pay <br />and liquidate the same or claims being or any action or actions being brought <br />against the city by reason or on account :of or rowing out; of said work or its <br />construction, the said contractor will at his wn expense defend `the same, and <br />will pay any judgement recovered therein, and will in all respects fully indemnity <br />and save harml.ass •said City, its officers, agents or representatives from all cost <br />expense, payment ?or judgement recovered in Bonn ct ions with such claim or claims <br />action or act ions , And if -within ten days after any such judgement rendered against <br />the City shall be 'c one lus ive against the contra for and aga ins t the surety on his <br />bond, as to the amount, liability acid other mat ers pertaining thereto. <br />The owner agrees to pa to the contractor as follows:- <br />One thousand eight hundred and fifty (1,85 0.00) Dollars. subject to additional <br />and. deductions as provided in the general .Cond t ions of the contract and to make <br />payments on account as provided therein as f of i ws : - <br />Payments shall he made -as the w rk progresses to the amount of <br />80% per cent of the value of the labor performel and the materials furnished <br />and wr ought , into the Building up to the time tha the certificate is issued, less <br />the aggregate of the entire work, a sum suff is is t to increase the total payments <br />to _ per cent of the amount of the contract, and within days the A�.e'r <br />the balance due under the contract. <br />the Contractor and the owner ag ee that the general Bond it ions of <br />the contract, the sDac if ications together with t is agreement form THE CONTRACT <br />and that they are, <br />fully a part of to contract if hereto attached or'herein <br />repeated and that the following is an exact on ration of the specifications <br />One Set of spec irioat ions. <br />