PARK LIGHTING 



821 



dollars with an authorized surety, guarantee, or trust 

 company, or companies, or by two or more resident 

 freeholders of Hamilton County, Ohio, to the satis- 

 faction of the Board of Park Commissioners, and in 

 the form hereunto attached and marked Bond B. 



7. Assignment of contract. Any award made, or con- 

 tract executed hereunder, shall be absolutely unassign- 

 able, either by sale, transfer, or partnership agreement, 

 except by and with the consent of the Board of Park 

 Commissioners of the City of Cincinnati, but must be 

 carried out and continuously operated by and for the 

 benefit of the party to whom the award is made; and 

 if at any time it can be shown that there has, either 

 directly or indirectly, been any transfer, or that the 

 party to whom such contract was awarded is not di- 

 rectly carrying out the same in good faith, and giving 

 all the benefits and bearing all the responsibility of 

 such operation, consent of the Board of Park Com- 

 missioners not having been given, then the contract 

 shall cease and terminate and become null and void; 

 and if so voided, the Board of Park Commissioners may 

 proceed at once to advertise for proposals for a new 

 contract, and shall order suit to be commenced for 

 damages and for breach of said contract. 



8. Arbitration. If in the opinion of the Board of 

 Park Commissioners the contractor is violating any of 

 the conditions of the contract made under this speci- 

 fication, or attempting to execute the same in bad 

 faith, the board shall notify the contractor, and direct 

 him to immediately remedy the defects or violations 

 complained of; and if said contractor shall not within 

 five days thereafter comply with all reasonable require- 

 ments of said Board of Park Commissioners, and take 

 such measures as shall, in the judgment of said Board 

 of Park Commissioners, insure a satisfactory perform- 

 ance of contract obligations, then said Board of Park 

 Commissioners shall have the right to at once provide 

 for lighting temporarily by means of any other illumi- 

 nant any part or all of the territory embraced in said 

 contract until a new contract shall be made by the 

 proper parties; and any excess of cost or any damage 

 to the Board of Park Commissioners caused by reason 

 of such failure of the contractor to comply with the 

 terms of the contract shall be paid to the Board of 

 Park Commissioners by said contractor. Provided, how- 

 ever, that if the contractor under this specification 

 shall claim he is carrying out his contract in good faith, 

 and that there has been no delay on his part, said claim 

 shall be duly investigated by a board of arbitration 

 appointed in the following manner: One party to be 

 named by the Board of Park Commissioners; one party 

 to be named by the contractor; and these two jointly 

 to name a third; and the board of arbitration so con- 

 stituted shall have submitted to it all the testimony 

 with regard to such claim of default, and after a full 

 hearing at which all parties shall have the right to be 

 present, the majority decision shall be final upon the 



Board of Park Commissioners and the contractor. The 

 expense of such arbitration shall be equally divided 

 between the Board of Park Commissioners and the 

 contractor. 



9. Payments. All payments made under the con- 

 tract based on this specification shall be made upon the 

 certification of the Board of Park Commissioners, or 

 its designated agent, within the first five days of each 

 and every month during the continuance of the con- 

 tract. In case of any disagreement, or of any services 

 rendered, or work done not provided for in this speci- 

 fication, no payments shall be made until all agreements 

 regarding such work done or services rendered shall 

 have been complied with, and the Board of Park Com- 

 missioners, through its agent, shall have given its cer- 

 tificate to this effect. Provided, however, said certifi- 

 cate shall in no wise estop or preclude the Board of 

 Park Commissioners or any of its officers from showing 

 a mistake therein as to the true amount of the lighting 

 service. 



10. Indemnifying the city. The contractor for this 

 work shall indemnify and hold harmless the City of 

 Cincinnati, the Mayor, the Council and the Board of 

 Park Commissioners of the City of Cincinnati, against 

 any and all claims which may be made by reason of 

 any infringement of any patent right in the use of 

 lamps, machinery or any other article, apparatus, or 

 process which may be used in operating or maintaining 

 the lamps under this specification; and shall also in- 

 demnify and hold harmless the City, the Mayor, the 

 Council and the Board of Park Commissioners of the 

 City of Cincinnati, its officers, agents or servants and 

 each and every one of them, against and from all suits 

 and actions of every name and description brought 

 against the City of Cincinnati, the Mayor, the Council, 

 the Board of Park Commissioners or any of its agents 

 or servants; and also from damage and cost to which 

 it, they or any of them may be put by reason of injury 

 to the person or property of any other, resulting from 

 negligence or carelessness or otherwise, in the per- 

 formance of the contract, or from any improper or 

 defective material, wire, cable, lamp standard, lamp, 

 implements, or other appliances used in the performance 

 of the same, or from any act or omission of said con- 

 tractor for lighting, or of its agents or employees. 



11. Authority. Whenever in this specification it is 

 provided anything is to be determined, done or ordered, 

 or any option is to be exercised by the board, or that 

 anything is to be done to the satisfaction of, or subject 

 to the approval of the board, it is understood that the 

 Board of Park Commissioners shall so act. 



12. Tenure of contract. The period of time for which 

 the contract with the Board of Park Commissioners for 

 electric lighting shall be awarded shall be for a period 

 of ten years from and after the expiration of the 

 existing contract, June I, 1925. 



13. Scope of contract. The territory to be lighted 



