(e) In the event that the Owner shall elect to rebuild the building, or to repair such partial but substantial destruction, then and in that event the cost of such repair or rebuilding (as the case may be) shall not be taken into consideration in determining whether said sum mentioned in subdivision 4 (c) of Paragraph "X" of this agreement has been reached, and in such event also said limit of $.........., as mentioned in

Paragraph "X" of this agreement shall not apply, and the

Contractor shall not be obligated to complete said building for said sum exclusive of extra work. But nothing herein contained shall be construed so as to omit from the cost of the building the cost of such repair or rebuilding; but, on the contrary, such cost shall be part of the cost of the entire works for which the Contractor shall be paid, and to which its profits of ten (10%) per cent. shall apply.

16. The Contractor shall effect and maintain such insurance as will protect it from claims under workmen's compensation acts and protect it and the Owner from any other claims for damages for personal injury, including death, and for injury to property, which may arise from its operations or from the operations of its sub-contractors under this contract. Certificates of such insurance shall be filed with the Owner, if it so require, and shall be subject to its approval for adequacy of protection.

The Owner shall effect and maintain, in the joint names of the Owner and the Contractor, by standard policies, insurance upon the entire structure on which the work of this contract is to be done and upon all materials, tools and appliances in or adjacent thereto and intended for use thereon, to at least eighty (80%) per cent. of the insurable value thereof, against all loss and damage resulting from fire and lightning. The loss, if any, shall be payable to the Owner and the Contractor, as their interests may appear. Certificates of such insurance shall be filed with the Contractor, if it so require, and shall be subject to the Contractor's approval for adequacy of protection.

17. This contract, as to its nature, validity and interpretation shall be governed by the law of the place where it was made, to wit,.............

18. Any notice or other paper shall be sufficiently given or served hereunder to or on either party if duly sent by registered mail, addressed as follows:

To the Owner, at................

To the Architect, at.............

To the Contractor, at............

Any of said addresses may be changed to some other place in the said city, by written notice from the party to whom notice is to be given.

Cost Plus Contract

Form Used by United States Government during War for War Construction

Contract made and concluded this........day of........,

1921, by and between.. ......., a corporation organized under the laws of the State of........, represented by........, its president, party of the first part (hereinafter called Contractor) and the United States of America, by..........,

(hereinafter called Contracting Officer), acting by authority of the Secretary of War, party of the second part.

Whereas the Congress having declared by joint resolution approved April 6, 1917, that war exists between the United States of America and Germany, a national emergency exists and the United States urgently requires the immediate performance of the work hereinafter described, and it is necessary that said work shall be completed within the shortest possible time; and

Whereas it is advisable, under the disturbed conditions which exist in the contracting industry throughout the country, for the United States to depart from the usual procedure in the matter of letting contracts, and adopt means that will insure the most expeditious results; and

Whereas the Contractor has had experience in the execution of similar work, has an organization suitable for the performance of such work, and is ready to undertake the same upon the terms and conditions herein provided:

Now, therefore, this contract witnesseth, that in consideration of the premises and of the payments to be made as hereinafter provided, the Contractor hereby covenants and agrees to and with the Contracting Officer as follows:

Article I. Extent of the Work

The Contractor shall, in the shortest possible time, furnish the labor, material, tools, machinery, equipment, facilities, and supplies, and do all things necessary for the construction and completion of the following work:

.................................................................................................

.................................................................................................

.................................................................................................

in accordance with the drawings and specifications to be furnished by the Contracting Officer, and subject in every detail to his supervision, direction, and instruction.

The Contracting Officer may, from time to time, by written instructions or drawings issued to the Contractor, make changes in said drawings and specifications, issue additional instructions, require additional work, or direct the omission of work previously ordered, and the provisions of this contract shall apply to all such changes, modifications, and additions, with the same effect as if they were embodied in the original drawings and specifications. The Contractor shall comply with all such written instructions or drawings.

The title to all work completed or in course of construction shall be in the United States; and upon delivery at the site of the work, and upon inspection and acceptance in writing by the Contracting Officer, all machinery, equipment, hand tools, supplies and materials for which the Contractor shall be entitled to be reimbursed under paragraph (a) of Article II hereof, shall become the property of the United States. These provisions as to title shall not operate to relieve the Contractor from any duties imposed hereby or by the Contracting Officer.