Item REF.2013.006 - Lakeshore Asylum Contract

Mark / Inscription text:
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(2) application as aforesaid, as and for liquidated damages in respect thereof ; and all sums so forteited may be deducted from the amount which the Contractors may be entitled to receive from Her Majesty, at the commencement of the month next ensuring such forfeit, or at a later period, as Her Majesty shall deem proper. / TENTH. - The Contractors shall not in any way, without the consent in writing of the Commissioner, dispose of, assign, sub let, or re let any portion of the work embraced in this contract, except the procuring of materials. / ELEVENTH. - Should any difference of opinion arise as to the construction ro be put upon any part of the specifications, plans, or drawings, the same shall be determined by the Commissioner of Public Works and such determination shall be final and conclusive, and binding upon the parties to this contract, and every of them. / TWELFTH. - Any notice or other paper connected with these presents, which may be required or desired on behalf of Her Majesty, to be served on the Contractors may be addressed to the Contractor or Contractors at his or their domicile or usual place of business, or at the place where the work hereby contracted for is carried on, and left at the Post Office, and any paper so addressed and left at the Post Office shall, to all intents and purposes, be considered legally served. / THIRTEENTH. - Should all Contractors not complete the work herein contracted for at the period agreed upon, as above mentioned, the Contractors shall be liable for and shall cause to be paid to Her Majesty all salaries or wages which shall become due to the person or persons superintending the work on behalf of the said Commissioner, from the above-named period for completion until the same shall actually be completed and received, and shall also pay to Her Majesty fifty dollars per week as liquidated damages (over and above such salaries or wages) for every week beyond the expira-tion of that period, and the Commissioner, for and on behalf of Her Majesty, may deduct such salaries, wages, and damages from any moneys payable to the Contractors in respect of this contract.
(3) FOURTEETH. - In case any workmen employed by the Contractors on the said works are unpaid at the time the Commissioner takes possession of the works, or at any other time, either on account of the default of the Contractors or otherwise, it shall be lawful for the Commissioner acting for Her Majesty, to pay such workmen the amount which may be owning to them, and charge the same against the Contractors. / FIFTEENTH. - If by reason of any additions or alterations to the works, or for want or alleged want or deficiency of any orders, drawings, or directions, or by reason of any difficulties, impediments, obstructions, oppositions, doubts, disputes, or differences, whatsoever and howsoever occasioned, the Contractors shall, in the opinion of the Architect, Engineer, or other person in charge, have been unduly delayed or impeded in the completion of this contract, it shall be lawful for the Commissioner to grant from time to time, in writing under his hand, such extension of time shall be deemed to be in full compensation and satisfaction for or in respect of any and every such extension of time shall be deemed to be in full compensation and satisfaction for or in respect of any and every actual and probable loss or injury sustained or sustainable by the Contractors in the premises, and shall in like manner exonerate / hem from any claim or demand on the part of Her Majesty, for or in respect of the delay occasioned by the cause of causes in respect of which any and every such extension of time shall have been made, but not further or otherwise, or for in respect of any delay con-tinued beyond the time mentioned in such writing or writings respectively ; and it is hereby expressly declared, that in case the Contractors do not procure in writing from the Commissioner, as aforesaid, an extension of time for the completion of the said works, or any portion thereof, it shall be conclusively presumed that the Contractors are not entitled thereto. / SIXTEENTH. - No works hereby contracted to be executed shall be deemed to have been executed, no shall the Contractors, their executors or administrators, be entitled to payment therefor, unless the same shall have been executed to the satisfaction of the Architect, Engineer, or other person in charge of the said work, as aforesaid, and shall have been certified by him to have been so executed. / SEVENTEENTH. - Her Majesty, represented as aforesaid, in consideration of the premises and of the covenants herein contained on the part of the Contractors, their executors or administrators, hereby covenants with the Contractors, their executors or administrators, that Her Majesty will pay to the Contractors, their executors or administrators, for and in respect of the works in the said specifications, plans, and drawings mentioned and hereby contracted to be executed, and the materials and articles to be provided and used in the execution and performance of such works, the some of two hundred and twenty five thousand three hundred and seven dollars ; for the general [illegible, 1 word] and in the propositus as foresaid: Eight cottages $133,800 ; main building $23,825 ; Central buildings $38,144 and rear building $9.538 / by monthly payments and in the proportions following, that is to say, within fifteen days after a certificate shall be made and signed by the Commissioner and by the Architect, Engineer, or other person in charge, as aforesaid, for the amount due at the close of the preceding month, after making due allowance for all additions or deductions as aforesaid, less the sum of ten per cent. reserved until the completion of the said work, and will pay the balance which may remain due to the Contractors, their executors or administrators on completion by him or them of the said works, within one calendar month next after the Architect, Engineer, or other person in charge of such works shall have certified in writing, under his hand, that the same are completed in accordance with the terms of this contract to his complete satisfaction, if the said Commissioner shall so soon have accepted and approved of the work, and shall also in like manner have certified what balance, after making due allowance for all such additions or deductions as aforesaid (as the case may be), is due under this contract, to the Contractors, their executors or administrators, and after making all proper charges against the Contractors, their executors or administrators, in accordance with the terms of this contract ; Her Majesty will by like monthly payments, and upon like certificates, and in like proportions, and subject to the like allowances and charges, pay to the Contractors, their executors or administrators, for any such extras as aforesaid, the prices or sums in that behalf hereinbefore provided by the contract authorizing such extras ; but in forming his final estimate, the Commissioner and the
Mark / Inscription type:
(1) Page number
(2) Contract details
(3) Contract details      
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Mark / Inscription technique: Printed and handwritten, black ink      
Mark / Inscription position:
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(2) Centre of page from top to half way
(3) Centre of page from half way to bottom     
Mark / Inscription language: English      
Mark / Inscription translation: N/A