Minutes - 19670807 - Laserfiche WebLink

Browse Search

FSCc 42 a11'r C-.5 Section 18. The Contractor further agrees that if the work to be done under this contract shall be abandoned, or if the contract shall be assigned by the Contractor otherwise than as herein provided, or if at any time the Engineers shall be of the opinion, and shall so certify in writing to said Hoard that the work is unnecessarily or unreasonably delayed, or that said Contractor is wilfully violating any terms or conditions of this contract, or is not executing the contract in good faith, or is not making such progress in the execution of said work as to indicate its completion within the tine specified, said party of the first part shall have the right to notify said Contractor to discontinue all work, or any part or parts thereof under this contract, and upon said notification said Contractor shall discontinue said work or such part or parts thereof as said party of the first part may designate; and said party of the first part shall thereupon have the power and the right to employ by contract or otherwise, and in such manner and at such prices as it may determine, any persons, and obtain any materials, trucks, machinery, appliances, implements, tools and other means of construction which it may deen necessary to work at and be used to complete the work herein described or such part or parts of it as said party of the first part may have designated; also the power to use such appliances, implements, tools and materials, and means of construction of every description as may be found upon the line of said work, both such as enter into the completed work and such as are necessarily used in and about the sane and to procure other materials for the completion of the same, and for carrying out the terms of this contract; also to charge the expense of all said superintendence, labor, materials, trucks, machinery, appliances, implements, tools and other means of construction to said Contractor; and the expense so charged shall 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 thereafter to said Contractor under this contract or any part thereof. In case such expense is less than the sum which would have been payable under this contract if the sane had been completed by said Contractor, it is agreed that said Contractor shall be en- titled to receive the difference; and in case such expense shall exceed the sum which would have been payable under this contract,' if the same had been completed by said Contractor, then said Contractor shall pay the amount of such excess to the party of the first part on notice from said party of the first part of the excess so due. It is further agreed that neither an extension of time for any reason, beyond that fixed herein for the completion of such work; nor the performance and the acceptance of any part of the work; nor delivery and acceptance of any materials called for by this contract, shall be deemed to be a waiver by said party of the first part of the right.to assume control of this contract for the reason and in the manner.hereinbefore provides. Section 19. The Contractor shall be responsible for all fees or claims for any patented invention used by him, and shall defend any suit that may be brought against the party of the first part•and shall hold said party of the first part harmless for use or. .