2 that the said party of the second part will make any omissions from,

3 additions to, or changes in, the work or materials herein provided for

4 whenever required by said party of the first part, the valuation of such

5 work and materials to be determined on the basis of the contract unit of

6 value of material and work referred to, or, in the absence of such unit of

7 value, on prevailing market rates, which market rates, in case of dispute,

8 are to be determined by the said Supervising Architect, whose decision

9 with reference thereto shall be binding upon both parties; and that no

10 claim for damages, on account of such changes or for anticipated profits,

11 shall be made or allowed.

13 any extra materials or work is to be made or allowed, unless the same be

14 specifically agreed upon in writing or directed in writing by the party of

15 the first part; and that no addition to, omission from, or changes in the

16 work or materials herein specifically provided for shall make void or

17 affect the other provisions or covenants of this contract, but the differ-

18 ence in the cost thereby occasioned, as the case may be, shall be added to

19 or deducted from the amount of the contract; and, in the absence of an

20 express agreement or provision to the contrary, no addition to, or

21 omission from, or changes in the work or materials herein specifically

22 provided for shall be construed to extend the time fixed herein for the

23 final completion of the work.

Note. - The somewhat arbitrary power referred to in the foregoing, is, as a matter of fact, rarely exercised; and when exercised, the greatest care is taken to make the amount such that it cannot be questioned. Sometimes Contractors imagine that, having the contract, they can demand for extras an exorbitant price, and they would be successful in many cases but for this saving clause.

25 that all materials furnished and work done under this contract shall be

26 subject to the inspection of the Supervising Architect, the superin-

27 tendent of the building, and of other inspectors appointed by the said

28 party of the first part, with the right to reject any and all work or

29 material not in accordance with this contract; and the decision of said

30 Supervising Architect as to quality and quantity shall be final. And

31 it is further covenanted and agreed by and between the parties hereto

32 that said party of the second part will without expense to the United

33 States, within a reasonable time to be specified by the Supervising

34 Architect, remedy or remove any defective or unsatisfactory material or

35 work; and that, in the event of the failure of the party of the second

36 part immediately to proceed and faithfully continue so to do said party

1 of the first part may have the same done and charge the cost thereof to

2 the account of said party of the second part,

4 that until final inspection and acceptance of, and payment for, all of the

5 material and work herein provided for, no prior inspection, payment,

6 or act is to be construed as a waiver of the right of the party of the first

7 part to reject any defective work or material or to require the fulfilment

8 of any of the terms of the contract.

10 shall have the right to require that any particular portion of the work

11 herein provided for shall be completed within such time as may be here-

12 after definitely specified by the said party of the first part in written

13 notice to the said party of the second part; and that should the said party

14 of the second part fail to complete such particular portion of the work

15 within the time so specified, or fail to complete the entire work contem-

16 plated by this contract within the time or times herein stipulated or

17 provided for; or fail to prosecute said work with such diligence as in the

18 judgment of the party of the first part will insure the completion of the

19 said work within the time hereinbefore provided, the said party of the

20 first part may withhold all payments for work in place until final com-

21 pletion and acceptance of same, and is authorized and empowered, after

22 eight days' due notice thereof in writing, served personally upon or left

23 at the shop, office, or usual place of abode, or with the agent of the said

24 party of the second part, and the said party of the second part having

25 failed to take such action within the said eight days as will, in the judg-

26 ment of the said party of the first part, remedy the default for which said

27 notice was given, to take possession of the said work in whole or in part

28 and of all machinery and tools employed thereon and all materials

29 belonging to the said party of the second part delivered on the site, and,

30 at the expense of said party of the second part, to complete or have com-

31 pleted the said work, and to supply or have supplied the labor, materials,

32 and tools, of whatever character necessary to be purchased or supplied by

33 reason of the detault of the said party of the second part; in which event

34 the said party of the second part shall be further liable for any damage

35 incurred through such default and any and all other breaches of this

36 contract.

38 shall have the right of suspending the whole or any part of the work

39 herein contracted to be done, whenever, in the opinion of the Super-

40 vising Architect, it may be necessary for the purposes or advantage of

41 the work, and upon such occasion or occasions the said party of the

42 second part shall, without expense to the United States, properly cover