13 The party of the second part further covenants and agrees to hold and 14 save the United States, its officers, agents, servants, and employees, 15 harmless from and against all and every demand, or demands, of any 16 nature or kind, for, or on account of, the use of any patented invention, 17 article, or appliance, included in the materials hereby agreed to be 1S furnished under this contract.
19 It is further covenanted and agreed by and between the parties hereto 20 that the said party of the second part will, without expense to the United 21 States, comply with all the municipal building ordinances and regula 22 tions, in so far as the same are binding upon the United States, and obtain 23 all required licenses and permits, and be responsible for all damages to 2.4 person or property which may occur in connection with the prosecution 25 of the work; that all work called for by the drawings and specifications, 26 though every item be not particularly shown on the first or mentioned 27 in the second, shall be executed and performed as though such work were 28 particularly shown and mentioned in each, respect-vely, unless other 29 wise specifically provided; that all materials and work furnished shall be 30 subject to the approval of the said Supervising Architect; and that said 31 party of the second part shall be responsible for the proper care and 32 protection of all materials delivered and work performed by said party 33 of the second part until the completion and final acceptance of same.
municipal laws are binding on the Government to a very limited extent, and only outside of the lot line; the land, when bought by the Government, not only he roines its property, but it is, by such sale, ceded back to the United States, so that the land occupied by the public building is no longer a portion of the State, and the State or City has no more authority over it than it has over the District of Columbia.
Cases sometimes occur when some city official attempts to show authority, as in one case where a permit to enter the sewer was dented until some minor useless demand relative to the plumbing was complied with. The official had a perfect right torefuse the permit as the sewer was in the street; but after the Department had decided not to turn on the water, and to leave all plumbing fixtures unusable, the octieial soon found it better policy to allow the connection. This policy is always followed by the Government, as the
practice of the Supervising Architect's office in all matters of this sort is the best, and Is generally far better than that followed by many municipal laws.
Inside the lot lines, municipal and state authority do not exist, except for minor police regulations.
1 It is further covenanted and agreed by and between the parties hereto 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, S are to be determined by the said Supervising Architect, whose decision 9 with reference thereto shall he 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.
12 It is further covenanted and agreed that no claim for compensation for 13 any extra materials or work is to be made or allowed, unless the same be 11 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 1S ence in the cost thereby occasioned, as the case may be, shall be aided 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.
_ -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.