24 It is further covenanted and agreed by and between the parties hereto 25 that all materials furnished and work clone under this contract shall be 26 subject to the inspection of the Supervising Architect, the superin 27 tendent of the building, and of other inspectors appointed by the said 23 party of the first part, with the right to reject any and all work or 29 material not in accordance with this contract; and the decision of said 30 Supervising Architect as to quality and quantity shall be final. And 31 it is further covenanted and agreed by and between the parties hereto 32 that said party of the second part will without expense to the United 33 States, within a reasonable time to be specified by the Supervising 34 Architect, remedy or remove any defective or unsatisfactory material or 35 work; and that, in the event of the failure of the party of the second 36 part immediately to proceed and faithfully continue so to do, said party 1 of the first part may have the same done and charge the cost the-,;of to 2 the account of said party of the second part, 3 It is further covenanted and agreed by and between the parties hereto 4 that until final inspection and acceptance of, and payment foi, all of the 5 material and work herein provided for, no prior inspection, payment, 6 or act is to be construed as a waiver of the right of the party of the first 7 part to reject any defective work or material or to require the fulfilment S of any of the terms of the contract.
9 It is further covenanted and agreed that the party of the first part 10 shall have the right to require that any particular portion of the work 11 herein provided for shall be completed within such time as may be here 12 after definitely specified by the said party of the first part in written 13 notice to the said party of the second part; and that should the said party 14 of the second part fail to complete such particular portion of the work 15 within the time so specified, or fail to complete the entire work contem 16 plated by this contract within the time or times herein stipulated or 17 provided for; or fail to prosecute said work with such diligence as in the 18 judgment of the party of the first part will insure the completion of the 19 said work within the time hereinbefore provided, the said party of the 20 first part may withhold all payments for work in place until final corn 21 pletion and acceptance of same, and is authorized and empowered, after 22 eight days' due notice thereof in writing, served personally upon or left 23 at the shop, office, or usual place of abode, or with the agent of the said 24 party of the second part, and the said party of the second part having 25 failed to take such action within the said eight days as will, in the judg 26 ment of the said party of the first part, remedy the default for which said 27 notice was given, to take possession of the said work in whole or in part 28 and of all machinery and tools employed thereon and all materials 29 belonging to the said party of the second part delivered on the site, and, 30 at the expense of said party of the second part, to complete or have com 31 pleted the said work, and to supply or have supplied the labor, materials, 32 and tools, of whatever character necessary to be purchased or supplied by 33 reason of the detault of the said party of the second part; in which event 34 the said party of the second part shall be further liable for any damage 35 incurred through such default and any and all other breaches of this 36 contract.
37 It is further covenanted and agreed that the said party of the first part 38 shall have the right of suspending the whole or any part of the work 39 herein contracted to be done, whenever, in the opinion of the Super 40 wising Architect, it may be necessary for the purposes or advantage of 41 the work, and upon such occasion or occasions the said party of the 42 second part shall, without expense to the United States, properly cover 43 over, secure, and protect such of the work as may be liable to sustain 44 injury from the weather, or otherwise; provided that for all such sus 45 pensions and other delays caused by the said party of the first part the 46 party of the second part shall be allowed one day additional to the time 47 herein stated, for each and every day of such delays so caused, in the 48 completion of the contract, the same to be ascertained by the Super 1 wising Architect; provided, that no claim shall be made or allowed to the 2 said party of the second part for any damages which may arise out of any 3 delay caused by the said party of the first part.
4 And the said party of the first part, acting for and in behalf of the 5 United States, covenants and agrees to pay, or cause to he paid, unto 6 the said party of the second part, or to the heirs, executors, administra 7 tors, or successors, of the said party of the second part, in lawful money S of the United States, in consideration of the herein recited covenants and 9 agreements made by the party of the second part, the sum of 10 I1 12 And the party of the first part covenants and agrees that payments 13 will be made in the following manner, viz: ninety per cent of the value 14 of the work executed and actually in place, to the satisfaction of the 15 party of the first part, will be paid from time to time as the work pro 16 gresses (the said value to be ascertained by the party of the first part), 17 and ten per cent thereof will be retained until the completion of the IS tire work, and the approval and acceptance of the same by the party of 19 the first part, which amount shall be forfeited by said party of the second 20 part in the event of the nonfulfilment of this contract; it being expressly 21 covenanted and agreed that said forfeiture shall not relieve the party of 22 the second part from liability to the party of the first part for any and 23 all damages sustained by reason of any breach of this contract; provided, 24 however, that no payment hereunder shall be due to the said party of the 25 second part until every part of the work to the point of advancement 26 reached—on account of which payment is claimed—shall be found to be 27 satisfactorily supplied and executed in every particular and any and all 23 defects therein remedied to the entire satisfaction of the said party of the 29 first part.
30 It is an express condition of this contract that no Member of Congress, 31 or other person whose name is not at this time disclosed, shall be admitted 32 to any share in this contract, or to any benefit to arise therefrom; and 33 it is further covenanted and agreed that this contract shall not be 34 assigned.