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1 vising Architect; provided, that no claim shall be made or allowed to the said party of the second part for any damages which may arise out of any 3 delay caused by the said party of the first part.

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4 And the said party of the first part, acting for and in behalf of the 5 United States, covenants and agrees to pay, or cause to be paid, unto 6 the said party of the second part, or to the heirs, executors, administra7 tors, or successors, of the said party of the second part, in lawful money of the United States, in consideration of the herein recited covenants and 9 agreements made by the party of the second part, the sum of..

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And the party of the first part covenants and agrees that payments will be made in the following manner, viz: ninety per cent of the value 14 of the work executed and actually in place, to the satisfaction of the 15 party of the first part, will be paid from time to time as the work pro16 gresses (the said value to be ascertained by the party of the first part), 17 and ten per cent thereof will be retained until the completion of the en18 tire work, and the approval and acceptance of the same by the party of 19 the first part, which amount shall be forfeited by said party of the second 20 part in the event of the nonfulfilment of this contract; it being expressly covenanted and agreed that said forfeiture shall not relieve the party of 22 the second part from liability to the party of the first part for any and 23 all damages sustained by reason of any breach of this contract; provided, 24 however, that no payment hereunder shall be due to the said party of the 25 second part until every part of the work to the point of advancement 26 reached- -on account of which payment is claimed-shall be found to be 27 satisfactorily supplied and executed in every particular and any and all 28 defects therein remedied to the entire satisfaction of the said party of the 29 first part.

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It is an express condition of this contract that no Member of Congress, or other person whose name is not at this time disclosed, shall be admitted 32 to any share in this contract, or to any benefit to arise therefrom; and 33 it is further covenanted and agreed that this contract shall not be 34 assigned.

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IN WITNESS WHEREOF, The parties hereto have hereunto subscribed their names this..

All erasures, altera

tions, and interlinea-
tions to be noted here
before execution.

.day of..

.A.D. 190.

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NOTE. The above relates to one of the most vexing questions both to the Contractor and to the Department, which is encountered. When a Contractor gets hope. lessly in default, it is as bad for him as for the Department to try to push through In such cases he is credited with the full value of all labor and materials on the ground; but for all additional items to complete the work covered by the contract, the sureties on his bond have to pay. Usually the bondsmen take the contract to finish the work; and in most cases, so far as the Department is concerned, no litigation follows.

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.. dollars

($...... ..), lawful money of the United States, for the payment of 15 which, well and truly to be made to the United States, we bind ourselves, 16 our heirs, executors, administrators, successors, and assigns, jointly and 17 severally, firmly by these presents...

Sealed with our seals and dated this......day of

A.D. 190.

THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, That whereas the said..... ..ha.. entered into a certain contract,

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hereto attached, with..

. Secretary of the 22 Treasury, acting for and in behalf of the United States, bearing date the 23 ....day of.. 24 the said.

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A.D. 190 Now, if

26 shall well and truly fulfil all the covenants and conditions of said contract,

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1 and shall perform all the undertakings therein stipulated by...

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to be performed, and shall well and truly comply with and fulfil the con3 ditions of, and perform all of the work and furnish all the labor and 4 materials required by, any and all changes in, or additions to, or omissions 5 from, said contract which may hereafter be made, and shall perform all the undertakings stipulated by......to be performed in any and all such 7 changes in, or additions thereto, notice thereof to the said suret.... being hereby waived, and shall promptly make payment to all persons 9 supplying.. .labor or materials in the prosecution of the work 10 contemplated by said contract, then this obligation to be void; other11 wise, to remain in full force and virtue.

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IN TESTIMONY WHEREOF, The said..

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17 have hereunto subscribed their hands and affixed their seals the day first 18 above written....

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NOTE.-It will be observed that on each page. both of form of contract and of bond, each type line is numbered, 1, 2, 3, etc. This is customary in all such government doc. uments, and is for the purpose of locating references, inverlineations, etc.

At first glance, this contract appears to be one-sided in that it confers on one side certain seemingly arbitrary power which, if used in the extreme, would be disastrous to any Contractor; but, as a matter of fact, the Department uses its extreme rights with the utmost caution, and generally goes more than "half-way" in disputed settle

ments.

Where disaster occurs-such, for instance, as in a cyclonic wind, wrecking work in place, as happened at the Pan-American Exposition; or in damage by fire, as in the Baltimore conflagration—the Department promptly recommends that Congress make a reimbursing appropriation to be used in replacing work damaged; and that body always responds, recognizing a moral if not a legal obligation.

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RESIDENCE OF BENJAMIN ALLEN, WINNETKA, ILLINOIS

Marshall and Fox, Architects, Chicago, Illinois

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