CONTRACTS AND SPECIFICATIONS 207 



contract and said specifications, or shall fail in any respect to prose- 

 cute the said work with promptness and diligence, or shall be in 

 default in the performance of any covenant in this contract contained 

 on his part to be kept and performed, for the period of three days 

 after notice in \\Titing, signed by the owner, of such default shall have 

 been served upon him, either personally or by leaving the same at his 

 residence or place of business, then, and in such event, the said owner 

 shall have the right and power to employ other persons to perform the 

 work and furnish the materials required by this contract, and to com- 

 plete the same in every respect, and the cost and expense thereof at 

 the reasonable market rates in excess of the unpaid balance of the 

 contract price shall be a charge against him, the said contractor, and 

 he will pay the same to the said owTier ; and he, the said contractor, 

 shall have no claim or demand against the owner for said unpaid 

 balance or by reason of the non-payment thereof ; and the said o^^^ler, 

 and all persons employed by him to complete the said contract, shall 

 have the use of all fixed tackle of any kind belonging to, or used by, 

 the said contractor prior to said default on his part, free of charge, 

 and until the said contract has been fully performed and completed. 



Eleventh : The contractor further agrees that the said 

 or his successor or successors, may condemn any materials furnished, 

 and reject any work performed under this contract, and require the 

 same to be taken up and removed from the premises by, and at the 

 expense of, the said contractor ; and that said and his suc- 



cessor or successors, may also direct the time of doing the several 

 portions of work called for by the contract. 



Twelfth : The contractor further agrees that no certificate given 

 or payment made under this contract shall operate as, or be held to 

 be, an admission on the part of the owner that this contract, or any 

 part thereof, has been complied with, or that any detail of the work 

 has been properly performed, or that the materials furnished are of 

 the quality called for by the specifications, in case the fact shall be 

 otherwise ; nor shall any such certificate or pajTnent stop or preclude 

 the said owner from claiming damages against the said contractor, 

 should the work and materials hereby required not be performed and 

 furnished in every particular in a substantial and workmanlike manner, 

 and in strict fulfilment and compliance with the requirements of this 

 contract and said drawings and specifications. 



Thirteenth : The contractor further agrees that he will bear and 



