[23] 



60 



mentioned architect shall decide every question, controversy, or claim, 

 which may or can arise during the execution of this contract from altera- 

 tions in plan or in any other manner, and that his estimate and decision 

 thereon shall be final and conclusive between the parties, who hereby 

 mutually bind themselves each to the other, to submit to the said esti- 

 mate and decision of said architect, in the sum of forty thousand dollars, 

 which is to be forfeited and paid by the party who shall neglect or refuse 

 to abide by and perform said estimate and decision to the other party to 

 this contract. 



And the said party of the second part hereby agree that they will pay 

 the above-mentioned sum of two hundred and five thousand two hun- 

 dred and fifty dollars ($205,250) in gold and silver, or in treasury notes 

 bearing six per cent, interest, at their par value, for the whole work, to the 

 said party of the first part, in the manner and times following, to wit : 

 every two months for all materials delivered and work executed according 

 lo the estimate and certificate of the aforesaid architect, reserving fifteen 

 per cent, therefrom until the completion of the work ; and that when the 

 whole building and work shall be completed, and upon certificate of the 

 aforesaid architect that it has been finished in every respect to his satis- 

 faction, according to the terms of this contract, they will pay the balance 

 which may then be due, including said fifteen per cent., and the interest 

 that may have accrued on said fifteen per cent., at the rate of six per cent, 

 per annum from the times of the several estimates. 



And it IS hereby agreed and covenanted, that if at any time the said 

 parties of the first part shall, in the opinion of the aforesaid architect, 

 have performed any of the work embraced in the contract in an unfailhful 

 or improper manner, or shall have violated any of the provisions of this 

 contract, or shall refuse to prosecute the work herein contracted for, that 

 then, and in that case, the said architect shall give notice of the same in 

 writing to the said parties of the second part, any two of whom may there- 

 upon terminate this said contract by giving notice thereof in writing to the 

 said party of the first part; and that thereupon this contract shall be deem- 

 ed terminated, abandoned, and lawfully forfeited by the said party of the 

 first part, and the said party of the second part may proceed to contract for 

 the remainder of the work with any other party or parties, holding all the 

 work done and materials delivered by the said party of the first part, and all 

 the moneys due them therefor, as security for the remainder of the work; 

 and also holding and binding the said party of the first part, their heirs, 

 executors, administrators, assigns, and bondsmen, to make good any further 

 loss or damage which may accrue to the said party of the second part from 

 such defalcation, forfeiture, and abandonment of the work by the said 

 party of the first part. 



And it is hereby further agreed and understood by the parties to this 

 contract that the following alterations in the plans and specifications shall 

 be made, and that the same shall be considered as part of this contract: 



First. The building shall be faced, and all the cut-stone work dressed 

 from the best Seneca freestone from the upper Potomac, to be taken from 

 the Bull run quarry, or some other quarry in the neighborhood of Seneca 

 creek, to be designated by the said parties of the second part, and free 

 from all imperfections. 



jSecon.d. That the building shall be faced with coursed ashlar of the 

 above-mentioned freestone, in courses varying from ten to fifteen inches 

 in height, and no two adjacent courses in the building to vary more than 



