1. The Contractor agrees in consideration of the mutual promises herein contained, that he will to the satisfaction of the Owner, excavate the premises shown on the following diagram in the manner herein indicated. The plot shown in yellow is to be excavated to a depth of........feet........inches below the level of the curb at the point marked X in the diagram.
The plot shown in red is to be excavated to a depth of___feet below the level of the curb. The plot marked blue is to be excavated to the level of the curb.
2. The Contractor agrees to prepare the ground for the erection of a building thereon in accordance with plans heretofore prepared and exhibited to the Contractor, and the Contractor agrees that he will furnish all the necessary men, teams, drills, machinery, labor and materials necessary for that purpose.
3. The Contractor agrees that he will commence work on or before................and will at all times have at least
................teams constantly at work on the job and at least................steam drills.
4. The Contractor agrees that the whole job shall be completed in................working days, time being of the essence of the contract.
5. It is agreed that in case the said work is not so completed within.........working days the Contractor shall pay to the
6. The Contractor agrees at his own cost and expense to remove all the debris, rock and earth from the said lot except that he shall leave sufficient stone to erect foundations and the stone work of the said building. The Contractor agrees to remove all the rock that is not required by the Owner for such purpose, unless specially requested by the Owner to do otherwise.
7. The Owner agrees to pay and the Contractor agrees to accept for said work $..........per cubic yard of rock removed and ........cents per cubic yard of earth removed according to measurements made by a surveyor appointed by the Owner. Payments are to be made on surveyor's certificates.
8. It is agreed that the Owner shall be at liberty to require extra excavation to be done where necessary at the same rate of payment.
9. It is agreed that the rock and stone left for foundation shall be broken in a suitable and proper size for that purpose.
10. The Owner agrees on condition of the faithful performance on the part of the Contractor of the promises and conditions on his part to be performed, that he will pay for such excavation to the said Contractor at the rate of $........per cubic yard of rock and...........cents per cubic yard of earth, such payment to be made as follows:
...................per cent. of the value of the work done to date shall be paid for at the end of every........weeks, and a final payment of the remaining..........per cent of the whole work shall be paid in........days after the completion of the contract.
11. The Contractor agrees that the Owner shall be entitled to retain out of the moneys owing to the Contractor sufficient amounts to insure him against any mechanics' liens that may be filed against the said premises.
12. The Contractor agrees to be responsible, and hereby assumes any and all liability for any damage or injury sustained by any person during the progress of the work, and for any act or default of the Contractor or any of his employees.
13. The Contractor agrees that if he shall be in default at any time during this agreement or unreasonably neglect or refuse to continue work hereunder as herein provided, the
Owner shall have the right on............days' written notice to the Contractor at his last known place of residence, to complete the work and charge the cost thereof against the Contractor who agrees to pay all damage sustained by reason of his default.