CONTRACTS AND SPECIFICATIONS 209 



deducted from the prior instalments, and the amount of the said 

 instalment, with such additions, shall be paid to the said contractor by 

 the said owner when, and not before, the said contractor has complied 

 with the conditions in the next sucgeeding paragraph of this contract. 



Seventeenth : The contractor agrees that he shall not be entitled 

 to demand, receive, sue for, or collect the amount of said last instal- 

 ment, or any part thereof, until he has presented to the said owner the 

 certificate in writing, signed by the said , his successor or 



successors, to the effect that this contract has been fully completed 

 and performed, and also the certificate of the county clerk of the 

 county of , that no mechanics' or other liens are of record 



upon said construction, for work done or materials furnished by any 

 person or persons for, or on behalf of, said contractor or any sub-con- 

 tractor, or his or their employees, and also only upon evidence being 

 furnished by the contractor satisfactory to the owner, that no claim 

 or demand exists in favor of any person or persons for work done or 

 materials furnished or supplied in the performance of this contract. 



Eighteenth : It is further mutually agreed between the contractor 

 and owner that, should any dispute or question arise respecting the 

 true construction or meaning of the drawings or specifications, the 

 same shall be decided by , his successor or successors, and 



his or their decision shall be binding and conclusive. But should any 

 dispute arise respecting the cost of any change, alteration, deviation, 

 or addition with respect to the work to be done and the materials to 

 be furnished under this contract, the same shall be submitted to two 

 arbitrators, one to be chosen by the contractor and the other by the 

 owner, whose decision, if they agree, shall be final and conclusive, and 

 who, in case they cannot agree, shall have the power to choose a third 

 arbitrator, and the decision of the three arbitrators, or a majority of 

 them, shall be binding and conclusive upon the said owner and the said 

 contractor. 



Nineteenth : It is further mutually agreed between the owner and 

 contractor that the owner shall not in any manner be answerable for 

 any loss or damage that shall or may happen to the work done, or 

 materials furnished under this contract during the performance 

 thereof, or for any loss or damage that may at any time happen to 

 the materials, tools, and appliances used and employed in the per- 

 formance of the work called for by this contract. 



Twentieth : It is further mutually understood and agreed between 



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