208 HOW TO PLAN THE HOME GROUNDS 



be liable for all loss or damage that may happen to the said materials 

 by fire, storms, or otherwise, prior to the time they have been actually 

 used and entered into the construction of said grounds, and that he will 

 repair all damage and injury to said work and materials occasioned 

 other than by fire, storms, or otherwise, during the performance of this 

 contract and prior to the completion and acceptance of the same, and 

 without extra charge. 



Fourteenth : The contractor further agrees to indemnify and save 

 harmless the said owner from all and every claim of damage or injury 

 to person or property occasioned by his negligence, carelessness, or 

 want of skill, or that of his servants or employees, or that of his sub- 

 contractors or their employees, while engaged in the performance of 

 the said work, or otherwise ; and further agrees to indemnify and save 

 harmless the said owner from every claim and demand for the violation 

 by him, his servants, or sub-contractors and their servants, of any 

 statute or municipal ordinance regulating or relating to the work 

 called for by this contract. 



Fifteenth : The contractor further agrees that in case the said 

 shall die, resign, be removed, or refuse to act, then the said 

 owner may appoint a successor or successors, and such successor or 

 successors shall have like power and perform like duties as are con- 

 ferred and imposed upon by the said by this contract. 



Sixteenth : The owner agrees to pay to the contractor for per- 

 forming said work and furnishing and supplying said materials as 

 aforesaid the sum of dollars in instalments, as the performance 



of this contract progresses, and as follows : On the twenty-fifth day 

 of each and every month the contractor shall furnish to the landscape 

 architect, or his successor or successors, a statement of the work done 

 and the materials furnished during the thirty days next preceding, and 

 thereupon the landscape architect, or his successor or successors, shall 

 verify said statement and furnish to the contractor a certificate in 

 writing, signed by him, of the value of the work done and materials 

 furnished and supplied and actually used and applied in the construc- 

 tion of said building during said preceding thirty days ; and upon the 

 presentation of the said landscape architect's certificate the said 

 owner will pay to the contractor 85 per cent, of the amount eo certi- 

 fied by the landscape architect, and will make such payment within 

 ten days after the presentation of such certificate as aforesaid. When 

 the last instalment shall be certified, the aggregate of the 15 per cent. 



