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<br />C.
<br />of the County of ----------- 5t.---1-oaeph-------------------- and State of ---------- ------------- Tmaiana.--------------------
<br />(hereinafter referred to as the "Contractor"), and the City of South Bend, in the County of "
<br />St. Joseph, and State of Indiana, by and through its Board of Public Works, (hereinafter referred
<br />to as the "City"), under and by virtue of an Act of the General Assembly of the State of Indi-
<br />ana, entitled "An Act Concerning Municipal Corporations," approved March 6, igo5, and all
<br />amendatory and supplemental acts thereto
<br />Witnesseth, that the contractor covenants and agrees to construct_ water con-
<br />r�cr►A ``inner nr Yt�rct�irl in �,`t7+wRF. from .Tnr]3�anA= AVP,21118 0 Gth1v@Pt 5"=tir@eti. n the
<br />12 taps on short side of street, each ............ $18.77
<br />and to perform all -work in the prosecution of said improvement under and according to the terms and conditions
<br />of Improvement Resolution No..______51j.___51L ................. adopted by the Board of Public Works ---- A---_- s 917
<br />and the plans, profile and specifications on file in the office of the Department of Public Works, which said reso u-
<br />tion, plans, profile and specifications are made a part hereof as fully and effectually as if copied and set out herein
<br />at full length.
<br />The contractor further expressly covenants and agrees that in the prosecution of said work all proper skill
<br />and care will be exercised; that he will properly guard and protect all excavations and dangerous places, and will
<br />use all due and proper precaution to prevent injury to any person or property; that in the event of any injury
<br />or damage resulting from the work or resulting from any matter or thing connected therewith or arising there-
<br />from, to any person or property., he will pay and liquidate the same at his own expense, and assume the liability -
<br />therefor; and in the event of any claim or claims being made or any action or actions being. brought against the
<br />city by reason or on account of or growing out of said work or its construction, the said contractor will at his
<br />own expense defend the same, and will pay any judgment recovered therein, and will in all respects fully indemnify
<br />and save harmless said city, its officers, agents or representatives from all cost, expense, payment or judgment
<br />recovered in connection with such claim or claims, action or actions. And if within ten days after any such
<br />action is begun, the city shall notify the contractor of the pendency thereof, then any judgment rendered against ;
<br />the city shall be conclusive against the contractor and against the surety on his construction bond, as to the
<br />amount, liability and other matters pertaining thereto.
<br />And the contractor agrees to maintain said improvement and make such repairs as may be necessary for the
<br />period and in the manner as fixed by the specifications, and to secure the maintenance and repair thereof to file
<br />with the Board 'of Public Works a bond with sufficient surety thereon and in an amount as fixed by the specifi-
<br />cations. And in doing such repair work the contractor and the surety on his guarantee bond shall be subject
<br />to the same liability to the city and any other person for any injury or damage to any person or property in the
<br />same manner and to the same extent as is fixed in the last preceding paragraph covering the construction work.
<br />And it is further agreed by and between said parties that the acceptance of the work provided for in this
<br />contract, or the payment thereof, shall not constitute a waiver on the part of the city of any of the provisions of
<br />this contract, nor shall it release said contractor or the sureties on his bond for the faithful performance thereof;
<br />nor shall the acceptance be prima facie evidence of the performance of any provision. of this contract, except to
<br />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 making of such
<br />improvement and in the performance of this contract, whether done or furnished for him, or -his agent, assignee,
<br />successor: or subcontractor•, and the: city may reserve out of.any allowance' made on any _estimate in.:favor of the
<br />contractor or his assigns, ;or out of the amouiit ,due _him ,or his assigns, upon: he coTnpletron of the work, so
<br />_.
<br />MU as may be,necessary to pay all lal orers'or material men for amounts due the& for`work.done or'matenals
<br />a.
<br />us4or furnished to be used in the performance of this, contract an Aing bf said work, -and'-the' county treas-
<br />urer, acting as -city treasurer, may retain money. collected -from property owners .assessed for said 'improvement
<br />-to pay such debts or until `the .contractor shows that they _have been paid or satisfied.
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