636 PARKS 



and ordinances controlling or limiting those engaged on the work; and the said first and second parties hereby 

 expressly bind themselves to indemnify and save harmless Kansas City from all suits or actions of every name 

 and description brought against the said city for or on account of any injuries or damages received or sustained 

 by any party, parties or property, or from the acts or negligence of said contractor, or his servants or agents, in- 

 doing the work herein contracted for, or by or in consequence of any negligence in guarding the same, or any 

 improper material used in its construction, or by or on account of any act or omission of the said first party, 

 or his servants or agents. 



7. The first party further agrees that he will pay for the work and labor of all laborers, subcontractors 

 and teamsters, teams, wagons'and trucks employed on the work and for all materials and service used therein, 

 or employed in connection therewith (whether or not of a character for which a mechanic's lien would apply in 

 case the third party were a private person). 



8. It is further agreed that the passage of the ordinance hereafter referred to, and the doing of the work 

 embraced in this contract, without any proper petition to the common council from the real estate owners to 

 have said work done, shall not render the city liable to pay, directly or indirectly, for such work, or any part 

 thereof, otherwise than by the issue of special tax bills, and the said first party shall assume all risks as to the 

 validity of such special tax bills, and take the same without recourse against Kansas City in any event. 



9. This contract is entered into subject to the approval or rejection of the Common Council, and shall 

 not bind until so approved, and is subject to the city charter and ordinances in general. 



10. It is further expressly agreed that in no event shall Kansas City be liable or responsible to the con- 

 tractor or to any other person for or on account of any stoppage or delay of the work herein provided for, by 

 injunction or other legal or equitable proceedings, or from or by or on account of any delay from any other cause 

 whatever. 



u. It is further expressly agreed and stipulated by the said party of the first part, that he will not require 

 laborers, employed by him on such work, to labor more than eight (8) hours per day, and the said party of the 

 first part further agrees that he will faithfully and in all respects comply with the provisions of the general 

 ordinances of Kansas City. 



12. In consideration of the completion by the said first party of all work embraced in this contract in con- 

 formity with the specifications hereto attached and stipulations herein contained, Kansas City, party of the third 

 part, hereby agrees to pay to the said first party at the following rate per square foot, viz.: 



For each square foot of sidewalk, the sum of 



( ) 



13. And the said party of the first part further agrees that he will not be entitled to receive payment for 

 any portion of the aforesaid work or materials until the same shall have been fully completed in the manner set 

 forth in this agreement to the satisfaction and acceptance of the board of park commissioners. And that he will 

 then receive pay according to the above schedule of prices, in special tax bills against and upon the lands liable 

 to be charged with the cost thereof, as provided by law, according to the charter and ordinances of said city, and 

 that his receipt therefor shall be in full of all claims against Kansas City on account of said work. 



Said parties of the second part hereby guarantee that the said party of the first part will well and truly 

 perform the covenants hereinbefore contained and will pay for the work and labor of all laborers, subcontractors 

 and teamsters, teams, wagons and trucks employed on the work, and for all materials and service used therein, 

 or employed in connection therewith (whether or not of a character for which a mechanic's lien would apply in 

 case the third party were a private person), and if the cost of such work and labor and materials is not paid in 

 full by the said party of the first part, then the said parties of the second part hereby agree to pay for said work, 

 labor and materials, or any part thereof which shall not be paid by said first party within ten (10) days after 

 the money for said work, labor and materials becomes due and payable, and this provision shall entitle any or 

 all laborers, subcontractors^ and teamsters, and owners of teams, wagons and trucks who may do work, and 

 parties who may furnish materials or service used therein or employed in connection therewith (whether or not 

 of a character for which a mechanic's lien would apply in case the third party were a private person), on or for 

 the improvements to be done under this contract, to sue and recover from said second parties, or either of them, 

 the amount due or unpaid to them, or either of them, by said first party; the said parties of the second part hereby 

 agree with Kansas City that the said party of the first part will well and faithfully perform each and all the terms 

 and stipulations in the foregoing contract, to be done, kept and performed on the part of the first party; but said 

 second parties shall not be liable on this guarantee on account of the materials used and labor done upon said 

 work beyond the sum of dollars ($ ), the esti- 

 mated cost of materials used and labor done upon said work. 



And the said parties of the first and second part hereby further jointly and severally agree with Kansas City 

 that, if the work embraced in this contract be not begun within the period stated in this contract, they will pay 



