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24 <br />(0� /o) after fifty (50%) billing ai the Owner's discretion provided the Project is on or ahead of schedule and the work - <br />has been determined to be satisfactory_ On the completion of the work, the' Contractor shall proceed with due <br />diligence to measure up the work and - materials and present his monthly pay request. With final payment, -the <br />Contractor will provide Orange County Consent of Surety Company to Final Payment and Contractor's Affidavit of <br />payment of Debts and - Claims forms to the Engineer for review and approval, whereupon the -Owner shall pay, or <br />cause to be paid, such amount less payments previously made. The payment of such final amount shall release the <br />party of-the first part from all claims for work done or materials fiuuished under this Contract <br />SECTION XV: The party of the first part may at anytime require full release of all claims- for materials or labor <br />furnished for this work and may withhold payments of any estimate until same is produced. <br />SECTION XVi: The Contractor shall execute the work in'such -a manner as to be of least inconvenience to the <br />Owner and public. He shall comply- with -ail ordinances and regulations affecting in any manner his work, and all <br />sanitary rules and regulations, taking precaution to avoid creating unsanitary conditions. The Contractor shall <br />acquire all permits necessary to complete the work specified in the Specifications. <br />SECTION XVII: The Contractor further agrees that if the work to be done under this Contract shall be abandoned, <br />or if the Contract shall be assigned by the Contractor otherwise than as herein provided,-or if the Contractor should <br />become insolvent or have a Receiver appointed or voluntarily go into Bankruptcy or be placed in bankruptcy, or if at <br />any tine. the -Engineer -shall •be- o€the. opinion, _and:shall so certify in writing to said Owner -that- the - work -is <br />unnecessarily_ or unreasonably delayed, or that said Contractor . is wilIfiilly violating any terms or conditions -of this <br />Contract, or is not executing the Contract in good faith, or is not making such progress in the execution of said work <br />as to indicate its completion within the time specified, said party of the fast part shall have the right to notify said <br />Contractor-to -discontinue said work or such parts or parts thereof as said party of the first part may designate; and <br />subject to the Surety's rights hereunder said party of the first part shall thereupon have the power and the right to <br />employ by contract or otherwise, and in such manner and at such prices as it may determine, any persons, <br />implements, tools and other means of construction which it may deem necessary to work at and be used to complete <br />the work - herein described or such part or parts of it as said party of the first part may have designated; -also the <br />power to -use such appliances, implements, tools and materials, and means of construction of every description as <br />may be found upon the line, of said work, both such as enter into the completed work and such as are necessarily <br />-used in -and about the same and to procure other materials for the completion of the same, and for carrying out the <br />terms of this Contract;. also to charge the expense of all said superintendence, labor, materials, trucks, machinery, <br />-appliances, implements-, tools, and other means of construction to said Contractor; and the expense so charged shall <br />be deducted and paid by said party of the first part out of such moneys as may be due or become due at any time <br />thereafter to said Contractor, it. is agreed -that said Contractor shall be entitled to receive the difference; and in. case <br />such expense shall exceed the sum which would have been payable under this Contract,, if the same had been <br />completed by said Contractor, then said Contractor shall pay the amount of such excess to the party of the first part <br />on notice from said party of the first part of the excess so due. <br />It is further agreed that neither an extension of time for any reason, beyond that fixed. herein for the completion of <br />such work; nor the. performance and the acceptance of any part of the work; nor delivery and acceptance of any <br />materials called for by this Contract, shall be deemed to be a waiver by said party of the first part of the right to <br />assume control of this Contract for the reason and in the manner hereinbefore provided. <br />SECTION XIII: The Contractor shall be responsible for all fees or claims for any patented invented used by him, <br />and shall defend any suit that may be brought against the party of the first part and shall hold said party of the first <br />part harmless for use or infringements of any patented thing or *method used in connection with the -work herein <br />specified- <br />SECTION ' The Contractor hereby agrees that he has read each and every clause of this Contract and fully <br />understands the The <br />of same, and that he will comply with all of its terms. This Agreement is to be executed in <br />three (3) copies; one copy to be-delivered to the Contractor, one to be retained by the party of the first part, and one <br />to be retained by the Engineer. <br />114 <br />