7. Should the Owner desire, at any time during the progress of said work, to make any alterations or deviations from, or additions to, the plans or specifications, or from the require-ments under this agreement so far as relates to matters or work to be done or materials to be furnished by the Contractor, the Owner shall be at liberty to do so and the same shall in no way make void this agreement. For all the extra work caused by such alterations, deviations or additions, the Owner shall pay the Contractor, in addition to the contract price herein mentioned, the cost to the Contractor of such extra work, including overhead cost, plus ten (10%) per cent. of such total cost; and, in determining the total cost of performance of this contract, for the purpose of ascertaining the amount to which the contractor's extra compensation of 50% shall apply, the cost of such extra work shall not be taken into consideration.
8. (a) The Contractor shall not assign this contract without the written consent of the Owner.
(b) All or any portion of the work covered by this contract may be sublet by the Contractor; but all sub-contracts shall, when practicable, be made upon the basis of competitive bids. Provided, however, that the Contractor shall not be required to obtain the bids of any but reputable firms, persons or corporations; and provided, further, that if the Contractor deems it inadvisable to accept the lowest bid, he may award the subcontract to the next lowest bidder; and provided, further, that the contractor shall not be required to employ a sub-contractor against whom it has a reasonable objection. Copies of all sub-contracts shall be furnished to the Architect for its con-venience.
(c) If the Contractor shall cause any part of this contract to be performed by a sub-contractor, the provisions of this contract shall apply to said sub-contractors and his or its officers, agents and employees in all respects as if he or it and they were employees of the Contractor and the Contractor shall not be in any manner thereby discharged from its obligations and liabilities hereunder, but shall be liable hereunder for all acts and negligence of the sub-contractor, his or its officers, agents and em* ployees as if they were the employees of the Contractor. Final payment to any sub-contractor shall be made not later than thirty (30) days after the completion of this contract and acceptance in writing of the work by the Architect.
9. The Contractor agrees to indemnify the Owner against and save it harmless from all loss and damage (including damage to person or property) arising from the failure of the Contractor or those acting under it to conform to the statutes, ordinances or other regulations or requirements of any governmental authority, or arising from anything done by or negligence of the Contractor or its sub-contractors or the officers, agents or employees of either while engaged in the performance of this contract, or while in or about said building or premises, or arising from accident or any injury (provided the same be not caused by act of the Owner, his agents or servants, or any one employed by the Owner other than this Contractor) to any sub-contractor or any officer, agent or employee of a sub-contractor while engaged in or about the performance of this contract, or while in or about said building or premises, or arising from the alleged infringement of any patent rights in the performance of said contract, or arising from liens or claims for services rendered or labor or materials furnished in or for the performance of this contract. The Owner shall, during the continuance of this agreement, be liable, responsible and accountable to the Contractor for any loss, injury or damage which shall or may happen to the work done or to the materials supplied or other things used or employed by the Contractor on or about said premises or in or about said building when caused by the Owner, its agents and servants, and shall be responsible, answerable and accountable during the continuance of this agreement for, or for the consequence of, any act or acts, omission or omissions or negligence of any other Contractor employed by the Owner or the sub-contractor of such Contractor, their workmen, servants or employees, engaged in or about such building, and for any injury or damage thereby happening to person or property, or work done or materials furnished to the Contractor hereunder, or any one employed under said Contractor.
10. The Owner shall pay to the Contractor as the consideration and price for the performance of this contract a sum equal to the actual cost thereof, plus ten (10%) per cent. of such cost for the Contractor's services and profit; but the total compensation of the Contractor hereunder shall not exceed $........., exclusive of all extra work, for which the Contractor shall receive extra compensation as hereinafter provided.
I. The following items shall be included in the cost of performance of this contract, but such enumeration shall not in any manner limit or restrict the actual cost of performance:
(a) Expense paid for labor, and incurred in the purchase and delivery of all materials required under this contract, and removal after completion of all unused and surplus materials, and delivery and removal of tools, machinery and plant in connection with the work, and incurred in the superintendence of construction, and for patent rights for things which become part of said building or its equipment, or which are used during its construction, and for official fees and other permits, and for insurance to protect the owner and the contractor against loss, which insurance shall consist of workmen's compensation insurance, and adequate liability insurance to protect the Contractor and Owner against liability for damage or injury to persons and/ or property.
(b) The amount paid for apparatus hired or rented.
(c) Expense of the employees of Contractor's field office.