percentage shall become due until the Contractor, if required, shall deliver to the Owner a complete release of all liens arising out of this Contract, or receipts in full in lieu thereof and, if required in either case, an affidavit that so far as he has knowledge or information the releases and receipts include all the labor and material for which a lien could be filed; but the Contractor may, if any subcontractor refuses to furnish a release or receipt in full, furnish a bond satisfactory to the Engineer, to indemnify the Owner against any lien. If any lien remains unsatisfied after all payments are made, the Contractor shall refund to the Owner all moneys that the latter may be compelled to pay in discharging such a lien, including all costs and a reasonable attorney's fee.

Article 33. Assignment. Neither party to the Contract shall assign the Contract or sublet it as a whole without the written consent of the other, nor shall the Contractor assign any moneys due or to become due to him hereunder, without the previous written consent of the Engineer.

Article 34. Rights of various interests. Wherever work being done by the Owner's forces or by other contractors is contiguous to work covered by this Contract the respective rights of the various interests involved shall be established by the Engineer, to secure the completion of the various portions of the work in general harmony.

Article 35. Separate contracts. The Owner reserves the right to let other contracts in connection with this work. The Contractor shall afford other contractors reasonable opportunity for the introduction and storage of their materials and the execution of their work, and shall properly connect and coördinate his work with theirs.

If any part of the Contractor's work depends for proper execution or results upon the work of any other contractor, the Contractor shall inspect and promptly report to the Engineer any defects in such work that render it unsuitable for such proper execution and results. His failure so to inspect and report shall constitute an acceptance of the other contractor's work as fit and proper for the reception of his work, except as to defects which may develop in the other contractor's work after the execution of his work.

To insure the proper execution of his subsequent work, the Contractor shall measure work already in place and shall at once report to the Engineer any discrepancy between the executed work and the drawings.

Article 36. Subcontracts. The Contractor shall, as soon as practicable after the signing of the Contract, notify the Engineer in writing of the names of subcontractors proposed for the work and shall not employ any that the Engineer may within a reasonable time object to as incompetent or unfit.

The Contractor agrees that he is as fully responsible to the Owner for the acts and omissions of his subcontractors and of persons either directly or indirectly employed by them, as he is for the acts and omissions of persons directly employed by him.

Nothing contained in the Contract Documents shall create any contractual relation between any subcontractor and the Owner.

Article 37. Points and instructions. The Contractor shall provide reasonable and necessary opportunities and facilities for setting points and

making measurements. He shall not proceed until he has made timely demand upon the Engineer for, and has received from him, such points and instructions as may be necessary as the work progresses. The work shall be done in strict conformity with such points and instructions.

The Contractor shall carefully preserve bench marks, reference points and stakes, and in case of willful or careless destruction, he shall be charged with the resulting expense and shall be responsible for any mistakes that may be caused by their unnecessary loss or disturbance.

Article 38. The Engineer's status. The Engineer shall have general supervision and direction of the work. He has authority to stop the work whenever such stoppage may be necessary to insure the proper execution of the Contract. He shall also have authority to reject all work and materials which do not conform to the Contract, to direct the application of forces to any portion of the work, as in his judgment is required, and to order the force increased or diminished, and to decide questions which arise in the execution of the work.

Article 39. Engineer's decisions. The Engineer shall, within a reasonable time after their presentation to him, make decisions in writing on all claims of the Owner or the Contractor and on all other matters relating to the execution and progress of the work or the interpretation of the Contract Documents.

All such decisions of the Engineer shall be final except in cases where time and/or financial considerations are involved, which, if no agreement in regard thereto is reached, shall be subject to arbitration.

Article 40. A: Arbitration. Any decision of the Engineer which is subject to arbitration shall be submitted to arbitration upon the demand of either party to the dispute.

The Contractor shall not cause a delay of the work because of the pendency of arbitration proceedings, except with the written permission of the Engineer, and then only until the arbitrators shall have an opportunity to determine whether or not the work shall continue until they decide the matters in dispute.

The demand for arbitration shall be delivered in writing to the Engineer and the adverse party, either personally or by registered mail to the last known address of each, within ten days of the receipt of the Engineer's decision, and in no case after final payment has been accepted except as otherwise expressly stipulated in the Contract Documents. If the Engineer fails to make a decision within a reasonable time, a demand for arbitration may be made as if his decision had been rendered against the demanding party. B: Arbitrators. No one shall be nominated or act as an arbitrator who is in any way financially interested in this Contract or in the business affairs of the Owner, or the Contractor, or the Engineer, or otherwise connected with any of them. Each arbitrator shall be a person in general familiar with the work or the problem involved in the dispute submitted to arbitration.

Unless otherwise provided by controlling statutes, the parties may agree upon one arbitrator; otherwise there shall be three, one named in writing, by each party to this Contract, to the other party, and the third chosen by these

two arbitrators, or if they should fail to select a third within fifteen days, then he shall be appointed by the presiding officer, if a disinterested party, of the Bar Association nearest to the location of the work.* Should the party demanding arbitration fail to name an arbitrator within ten days of his demand, his right to arbitration shall lapse. Should the other party fail to name an arbitrator within said ten days, then said presiding officer* shall appoint such arbitrator within ten days, and upon his failure so to do then such arbitrator shall be appointed on the petition of the party demanding arbitration by a judge of the Federal court in the district where such arbitration is to be held.

The said presiding officer* shall have the power to declare the position of any arbitrator vacant by reason of refusal or inability to act, sickness, death, resignation, absence or neglect. Any vacancy shall be filled by the party making the original appointment, and unless so filled within five days after the same has been declared, it shall be filled by the said presiding officer.* If testimony has been taken before a vacancy has been filled, the matter must be reheard unless a rehearing is waived in the submission or by the written consent of the parties.

If there be one arbitrator his decision shall be binding; if three, the decision of any two shall be binding in respect to both the matters submitted to and the procedure followed during the arbitration. Such decision shall be a condition precedent to any right of legal action.

C: Arbitration procedure. The arbitrators shall deliver a written notice to each of the parties and to the Engineer, either personally or by registered mail to the last known address of each, of the time and place for the beginning of the hearing of the matters submitted to them. Each party may submit to the arbitrators such evidence and argument as he may desire and the arbitrators may consider pertinent. The arbitrators shall, however, be the judges of all matters of law and fact relating to both the subject matters of and the procedure during arbitration and shall not be bound by technical rules of law or procedure. They may hear evidence in whatever form they desire. The parties may be represented before them by such person as each may select subject to the disciplinary power of the arbitrators if such representative shall interfere with the orderly or speedy conduct of the proceedings. Each party and the Engineer shall supply the arbitrators with such papers and information as they may demand, or with any witness whose movements are subject to their respective control, and upon refusal or neglect to comply with such demands the arbitrators may render their decision without the evidence which might have been elicited therefrom, and the absence of such evidence shall afford no ground for challenge of the award by the party refusing or neglecting to comply with such demand.

The submission to arbitration (the statement of the matters in dispute between the parties to be passed upon by the arbitrators) shall be in writing

* To provide some other agency for appointing arbitrators strike out reference to presiding officer of the Bar Association and insert desired designation. In the vicinity of New York, the Arbitration Society of America, Inc., and the Chamber of Commerce of the State of New York have Arbitration Committees which often act in this capacity.

duly acknowledged before a notary. Unless waived in writing by both parties to the arbitration, the arbitrators, before hearing testimony, shall be sworn by an officer authorized by law to administer an oath, faithfully and fairly to hear and examine the matters in controversy and to make a just award according to the best of their understanding.

The arbitrators, if they deem the case demands it, are authorized to award to the party whose contention is sustained such sums as they shall consider proper for the time, expense and trouble incident to the arbitration, and if the arbitration was demanded without reasonable cause, damages for delay and other losses. The arbitrators shall fix their own compensation, unless otherwise provided by agreement, and shall assess the costs and charges of the arbitration upon either or both parties.

The award of the arbitrators shall be in writing and acknowledged like a deed to be recorded, and a duplicate shall be delivered personally or by registered mail, forthwith upon its rendition, to each of the parties to the controversy and to the Engineer. Judgment may be rendered upon the award by the Federal court or the highest State court having jurisdiction to render same. The award of the arbitrators shall not be open to objection on account of the form of the proceedings or the award, unless otherwise provided by the controlling statutes. In the event of such statutes providing on any matter covered by this Article otherwise than as herein before specified, the method of procedure throughout and the legal effect of the award shall be wholly in accord with said statutes, it being the intention hereby to lay down a principle of action to be followed, leaving its local application to be adapted to the legal requirements of the jurisdiction having authority over the arbitration.

The Engineer shall not be deemed a party to the dispute. He is given the right to appear before the arbitrators to explain the basis of his decision and give such evidence as they may require.

Article 41. Lands for work. The Owner shall provide the lands upon which the work under this Contract is to be done, except that the Contractor shall provide land required for the erection of temporary construction facilities and storage of his material, together with right of access to same.

Article 42. Cleaning up. The Contractor shall, as directed by the Engineer, remove from the Owner's property and from all public and private property, at his own expense, all temporary structures, rubbish and waste materials resulting from his operations.

STANDARD SCHEDULE* FOR GRADING CITIES AND TOWNS OF THE UNITED STATES WITH REFERENCE TO THEIR FIRE DEFENSES AND PHYSICAL CONDITIONS

NATIONAL BOARD OF FIRE UNDERWRITERS, NEW YORK

INTRODUCTORY

The Grading Schedule† is based upon the plan of assigning to the various features of fire defense found in cities of the United States, points of deficiency depending upon the extent of variance from standards formulated from a study of conditions in more than 500 cities; the natural and structural conditions which increase the general hazard of cities, and the lack of laws or of their enforcement for the control of unsatisfactory conditions, are graded in the same way. The sum of the maximum points of deficiency totals 5,000 and is divided in accordance with the relative values of the features considered as given below.

It is recognized that climatic conditions affect fire losses, by reason of the frequency of fires due to the heating hazard, by retarding the response of fire apparatus, by hampering effective fire fighting during cold weather and storms, by the increase in combustibility due to hot and dry weather, and by the greater probability of fires spreading at time of high winds. Also that earthquakes, tornadoes, hurricanes, cyclones, blizzards, floods and other unusual conditions have an influence on the conflagration hazard. These elements are to a greater or less degree common to the whole country, and therefore no deficiency is considered in the Schedule for normal climatic conditions. Some sections of the country, however, are subject to abnormal climatic conditions, and to cities in these sections, a super-deficiency is applied, as given on pages 773 and 774. This super-deficiency is to be added to the deficiency determined by the application of the Schedule proper.

Adopted, December 14, 1916, edition of 1922.

The portion of the Standard Grading Schedule referring to Water Supply is here included as information as to the practice of the National Board of Fire Underwriters in classifying cities for the equitable fixing of insurance rates, and not as indicating approval of the details of the schedule by the American Water Works Association.