268 THE LAW AFFECTING ENGINEERS 



an efficient manner as mentioned in the contract and shall and will observe 

 and perform all the conditions and provisions set out in such contract and 

 that all the powers liberties rights and privileges mentioned therein and 

 conferred thereby in respect of such works shall and may be exercised 

 according to the true intent and meaning thereof AND in consideration 

 of the due provision erection execution construction and completion of the 

 said works and the maintenance thereof as aforesaid and of the covenant 

 of the sureties hereinafter contained the purchasers do hereby for them- 

 selves their successors and assigns covenant with the contractor that they 

 the purchasers their successors and assigns will upon the certificates of the 

 engineer for the time being of the purchasers pay to the contractor the 

 said sum of or such other sum as may become payable to the con- 



tractor under the provisions of the contract such payments to be made at 

 such time and in such manner as is provided by the contract. And the 

 sureties at the request of the contractor and in consideration of the 

 purchasers entering into this agreement do hereby jointly and severally 

 covenant and guarantee with and to the purchasers that the covenant on 

 the part of the contractor in this contract contained shall be well truly 

 and faithfully performed by the contractor in every respect according to 

 the true intent and meaning of this contract and that in the event of 

 default on the part of the contractor in respect of the performance in 

 any particular of the said contract the sureties will pay to the purchasers 

 all such losses damages costs charges and expenses as the purchasers may 

 sustain incur or be put unto by or by reason or in consequence of any 

 such default but so nevertheless that the total amount to be demanded 

 or recovered by the purchasers of or from the sureties shall not exceed 

 the sum of ten per cent, of the total contract price. 



PROVIDED ALWAYS and it is hereby covenanted agreed and declared 

 between and by the parties hereto that these presents are entered into and 

 the said works are to be provided erected executed constructed completed 

 and maintained upon and subject to the terms and conditions contained 

 in the contract AND that the parties hereto respectively shall have such 

 rights powers and liabilities and the said engineer shall have such powers 

 and authorities in respect of the said plant and the tools and materials for 

 the same and extension in respect of the contract and all matters con- 

 nected therewith as are given and expressed by and in the same terms 

 and provisions of the contract. 

 IN WITNESS whereof etc. 



FOEM III. 



AGREEMENT WITH AN ENGINEER FOR PREPARATION OF DRAWINGS, 

 ETC., FOR SEWAGE WORKS.* 



1. Parties. This indenture made the day of 190 



Between A. B. of etc. civil engineer (hereinafter called the engineer) of 

 the one part and the mayor aldermen and burgesses of (hereinafter 



called the corporation) of the other part. 



* Reprinted-, by permission of Messrs. Butterworth, from the Encyclopedia of 

 Forms and Precedents, Vol. II. 579. 



