certifying that the Contractor has performed such labor and cartage, and furnished such materials and manufactured such materials, under and in accordance with the provisions of this agreement, as to entitle said Contractor to such payment. No certificate given or payment made under this contract, including the final certificate and final payment, shall be construed to be an acceptance of defective work or improper materials.
5. The Contractor agrees to provide all manner of materials and labor, scaffolding, implements, and cartage of every description for the due performance of the Contractor's part of this agreement.
6. The Contractor agrees to obtain and pay for all permits and licenses and to give all notices, pay all fees, and to comply with all laws, ordinances, rules and regulations bearing on the work, and the cost thereof shall be included in the net cost of the building. If any of the work shall be done contrary to such laws, ordinances, rules and regulations, the Contractor agrees to bear all costs and expenses arising therefrom, and also to indemnify and save the Owner harmless from all penalties and damages incurred by reason of the non-observance by the Contractor of such laws, ordinances, rules and regulations, or failure to give notices, or to obtain permits and licenses.
7. Should the Owner at any time dining the progress of said work, desire to make any alterations, deviations, additions, or omissions, from said specifications, drawings, or from the requirements under this agreement, so far as relates to the matters or work to be done or materials to be furnished by the Contractor, said Owner shall be at liberty to do so, and the same shall in no way affect or make void this agreement, except as otherwise provided in the fifth clause of this agreement.
8. Should the Contractor at any time during the progress of said works, in the opinion of said Architects, refuse or neglect to supply proper or sufficient materials or workmen, or should it suspend work on any of said works on said building (except through stress of weather), on any working day, or should the Contractor be adjudged a bankrupt or make a general assignment for the benefit of creditors, or should a receiver be appointed of the Contractor, said Owner shall have the right, and is hereby authorized, except as otherwise agreed in paragraph 9 hereof, on giving three days' written notice signed by said Architects acting for said Owner, mailed to the said Contractor to its office address, to provide labor and materials and proceed with and finish the said works and the said Contractor shall be liable to the Owner for all resulting costs, damages and expenses.
The Owner may, however, for the causes mentioned in this and at its option, after three days' written notice signed by said Architects acting for said Owner, and mailed to Contractor as aforesaid, terminate the employment of the Contractor for any or all of the said works and enter upon the premises and take possession, for the purpose of completing such works, of all materials, tools, appliances thereon, and employ any other person or persons to finish the work, and provide the materials and labor therefor, and in case of such discontinuance of the employment of the Contractor, said Contractor shall not be entitled to receive any further payments under this contract until the said works shall be wholly finished, at which time the Contractor shall be paid whatever balance is found to be due to it for amounts expended either for labor, materials, payments to sub-contractors or otherwise, plus the Contractor's percentage of profit aforesaid and as shall be certified to by the Architects, less, however, such expenses or damages as the Owner may suffer by so completing said works. It is understood and agreed that should the expense to the Owner in completing this contract be increased by reason of such discontinuance of the employment of the Contractor, then the Contractor shall be responsible to the Owner for such entire increase in addition to the other expenses or damages, hereinabove referred to.
9. Should the Contractor be obstructed or delayed in the prosecution or completion of the alterations to said building by the acts, neglect or default of the Owner, or of the Architects, or by any sub-contractor for whom the Contractor is not responsible, or of common carrier, or by any damage which may happen by fire or other casualty for which the Contractor is not responsible, or by a combined abandonment of the work by workmen engaged in the manufacture of materials for said building or of workmen directly engaged on work on said building, in no wise caused by any act, fault, default or collusion of the Contractor, then the time hereinbefore fixed for the completion of the alterations to said building shall be extended for a period equal to the time lost by reason of any or all of the causes aforesaid, but no extension shall be made unless a claim therefor is presented, in writing to the said Architects, within forty-eight hours after the occurrence of such delay. The duration of such extension shall be certified to by the Architects, but appeal may be made from their decision to arbitration as hereinafter provided, anything herein to the contrary notwithstanding.
10. Should any dispute arise between the parties hereto, respecting the true construction or meaning of the drawings or specifications, the same shall be decided by said Architects, and their decision shall be final and conclusive; but should any dispute arise with respect to the extension of time allowed by the Architects for any of the causes referred to in the fifth clause of this agreement, such extension of time shall be fixed by two competent persons, one chosen by the Owner and the other by the Contractor, and a third person chosen by the said two persons (no one of whom shall be or shall have been in any manner connected with the works covered by the within agreement), and the decision of said three persons or a majority of them shall be binding, final and conclusive on the parties hereto, and no action shall be brought upon this agreement in any court until after the award of such arbitrators is duly made. The expense of such arbitration shall be borne equally by the parties hereto. If either of the parties hereto fail within three days after such dispute shall arise, to appoint such arbitrator, then said Architects on request of other party and after giving written notice to each party, shall appoint one in his stead with the same power as though he had been appointed by such party.