THE PARK ENGINEERING DIVISION 631 



may be, hereby jointly and severally covenant and agree to pay the same to the said City of Milwaukee on demand. 



And it is further mutually agreed between the said parties hereto, that in case the said party of the first 

 part shall, in the performance of this contract, dig up, use or occupy any street, alley, highway or public grounds 

 of said city, the said party of the first part will, during the night time, put up and maintain such barriers and 

 lights as will effectually prevent the happening of any accident in consequence of such digging up, use or occu- 

 pancy of said street, alley, highway or other public grounds, for which the city might be liable, and the said parties 

 of the first and second parts, for themselves and for their heirs, executors and administrators, or successors and 

 assigns, as the case may be, hereby jointly and severally covenant and agree, that they shall, and they do 

 hereby assume the liability for, and will pay on demand, any and all damages occasioned by the digging up, use 

 or occupancy of said street, alley, highway or public grounds by the party ol the first part, or which may result 

 therefrom, or which may result from the carelessness of said party of the first part, or the agents, employees or 

 workmen of said party of the first part. 



And it is further mutually agreed that, in case the said party of the first part shall proceed properly to per- 

 form and complete this contract, the Board of Park Commissioners may, in its discretion, from time to time as 

 the work progresses, grant to the party of the first part an estimate of the amount already earned reserving 

 fifteen per cent thereon which shall entitle the holder thereof to receive the amount due thereon, when the 

 amount applicable to the payment of such work shall have been collected, and the condition, if any, annexed 

 to such estimate shall have been complied with. The granting of any such estimate shall not be construed as an 

 acceptance of the work or any portion thereof. 



And the said City of Milwaukee, in consideration of the covenants of the parties of the first and second 

 parts herein contained, hereby covenants and agrees, that upon the completion of said work by the said party 

 of the first part, pursuant to the terms of this contract, and according to the plans and specifications of said work 

 on file in the office of the said Board of Park Commissioners, and the true intent and meaning of this contract, 

 and after the acceptance of said work by the said Board of Park Commissioners, the said city will pay to the 

 said party of the first part any balance then remaining due and payable by the terms of this contract for said 

 work, when the amount applicable to the payment of said work shall have been collected. 



And the said party of the first part hereby agrees to pay all claims for work and labor performed and 

 materials furnished under this contract. 



And the parties of the first and second parts hereby agree that default, neglect or delay of other contractors, 

 or the extension of time by the City of Milwaukee for the completion of work by any other contractors, shall 

 not render the City of Milwaukee liable to said parties of the first and second parts in any manner or sum 

 whatsoever; that no assignment, subletting, alteration, or modification of this contract, or change in the work 

 covered thereby, nor any extension of time for the completion of the work of this contract, nor any default, 

 neglect or delay of any other contractors upon the same public improvement, nor the extension of the time to 

 such other contractors for the completion of the work by such other contractors, shall in any way release the prin- 

 cipal, surety or sureties, their heirs, executors, administrators, successors or assigns from full liability under this 

 contract, notice of any such alteration, modification or assignment, the subletting or extension of time on this 

 contract, or the default, neglect, delay or extension of time on any other contract, being hereby expressly 

 waived by the contractor and surety or sureties herein. 



And it is hereby mutually agreed that the said party of the first part shall not assign this contract, or any 

 interest therein, nor sublet the said work, or any part thereof, without the consent in writing of the said Board 

 of Park Commissioners first obtained; and that if the said party of the first part shall so assign or sublet, without 

 such consent, then the said Board of Park Commissioners shall have the right, in its discretion, to rescind this 

 contract and to declare the same null and void, or to relet the said work to some other competent party; there- 

 upon adjusting and determining the damages to the said city arising thereby; and the said party of the first 

 part shall be liable to the said city for such damages as the said Board of Park Commissioners shall so adjust 

 and determine, which adjustment and determination thereof shall be final and conclusive on the parties hereto. 



And the said party or parties of the second part, in consideration of the letting of this contract to said party 

 of the first part, for itself, its successors and assigns, or for themselves, their heirs, executors and administrators, 

 as the case may be, hereby guarantee and covenant and agree to and with the said City of Milwaukee, that the 

 said party of the first part shall and will well and truly execute and perform this contract under the superin- 

 tendence and to the satisfaction of said Board of Park Commissioners, and that the said party or parties of the 

 second part will well and truly pay on demand to the said City of Milwaukee, any and all damages, and sums 

 of money, which the said party of the first part shall be liable to pay to the said city under this contract or any 

 clause or agreement therein. 



And the said parties of the first and second parts, in consideration of the premises, for themselves, and for 

 their heirs, executors and administrators, or successors and assigns, as the case may be, further covenant and 



