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grounds and on which estimates have been
made in to become the property of the Ohio University,
and cannot be removed from the premices, and
said fifty per cent is to be reserved until said
material is in place in the building ,and
also payments on the material and work in
place less five per cent to be retained until
the building shall have been completed and
accepted by the owner; the final and all other
payments shall be upn the written estimate
of the architect approved b the Building Committee
to the effect that such payments are due
If at any time there shall be any evidence
of any lien or claim for which if established
the owner of the said premices might become
[inserted] Contract
New Library [end inserted] liable,and which is chargeable to the contractor,
the owner shall have the right to retain out
of any payment then due or thereafter to become
due ,an amount sufficient to completely identify it
against such claim or lien. Should there prove
to be any such claim after all payments are
made , the contractor shall refund to the owner
all moneys that the latter may be compelled to
pay for discharging any lien on said premices
made obligatory in consequence of the contractors
default.
Article - 10 - : It is further mutually agreed between
the parties hereto that no certificate given, or
payment made under this contract except the
final certificate or final payment shall be conclusive
evidence of the performance of this [?contract?] either
wholly or in part , and no payments shall be
construed to be the acceptance of defective work
or [?improve?] material.
Article - 11 - : The contractor duing the progress
of the work shall maintain full insurance in his
name against loss or damage by fire ,and the
policy shall cover all work incorporated in the building