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rim <br />And said party of the first part further agrees to indemnid[y and save harmless <br />the said party of the second part from all damages to any person or property by reason of the <br />negligent performance of said wor-K by the party of the first part. And said party- of the <br />first part further agrees that after repairing any place in any of the streets of said City, <br />he will immediately thereafter remove 11 dirt and refuse to the curb of s..id street. <br />And it is further agreed that the <br />taken out of the streets repaired by him, which <br />suitable to be used in doing said repair work. <br />paAy of the second part the sum of three cents <br />of refined asphalt(oil) or such part thereof as <br />party of the second part now has. <br />party of the first part may use all material <br />material is in first class condition and <br />And he further agrees to pay to the said <br />pr pound for about. one and one—half barrels <br />he may need, which refined asphlat the said <br />. And said party of the second part, as a part of the consideration of this <br />contract, agrees to loan to said party of the first part Asphalt plant all asphalt tools, <br />which it now owns and s-.id party of the first part agrees to pay for the use of the same at <br />the rate of One and 500100 ( 1.50)Dollars per day for such time as said tools _are actually <br />used and said party of the first part agrees to keep said tools and plant in ood repair <br />and return the same to said party of the second part in -good condition less nafural wear and <br />tear. <br />The said party of the first part grees to do and execute the said work at <br />times and places as designated by the Street Commiss#oner of said City, and under his <br />dieetion. And if he should fail Ind refuse to do the same, as by the terms of this m ntraet <br />required, then said party of the second part may at its option terminate this agreement. And <br />if said party of the First part should fail to perform this agreement or any of its terms and <br />conditions, or if he shall fail to do any work within 15 days after he is directed to do so <br />then he agrees to pay said party of the second part the sum of Fifty Dollars $50.00 as <br />liquidated d.mages for such failure, and sai, party of the second part may retain said sum <br />out of any money due said party of the first part, said sum to be paid to said first party upon <br />the completion of thework to be done under this contract. <br />And in addition to said sum above referred to, the said party of the first <br />part further agrees to give a bond with a good and suf scent surety thereon to be apgooved <br />by the Board of Public Works of said City for the faithfull- performance of this contract. <br />IN WITNESS WBEREOF, the parties hereunto set their hands in duplicate on the <br />day and year first above mentioned. <br />L()REN H. VANDER KAR.R <br />CITY OF SOUTH BEND, <br />byE. M. MORRIS <br />A. H. RICE <br />joHN B. NEBER <br />BOARD OF PUBLIC WORKS. <br />Excavation bond for the sum of One Thousand ($l,000.00)Dollars were filed <br />by the following and the same were approved by the Board. The Singer Mfg. Company, Wm. L. Turno <br />Turnock, W. W. Sibley Company of South Bend, Indiana, Thos. Williams, Jacob M. Singler, <br />Renewal certifiactes on excavation bonds filed es follows; and approved. <br />M. J. Hoban by Amerien Surety CompanyStaples & Ackerman, by American Surety Company Walter <br />Braunsdor, by Fidelity and Deposit Company of Maryland, W. H. Burke, by Fidelity and <br />Deposit Company of Maryland, <br />Contractors bond s for the sum of One Thousand ($1,000.00Dollars signed and <br />t pproved as follows:— Hugh Anderson and the United States Fidelity and Guaranty Company of <br />Balitmore. Alex Bukowski, and United States and Fidelity And ranty Company of Baltimore. <br />) over ) <br />