6110 HIGHWAY PL 2016-01-01 MF Import

s�JT1011 2, It is hereby ex.pressly a&reed by and between the parties hereto that in any ma,tter, aispute, :uit or proceeding arising or in any way growing out of thie contract or said improvement, it shall not be neceasary to introduce in evidence the original of eaid Specifications, but that a orinted copy thereof may be used in lieu thereof, �rith like force and effect as thou�h tlie original v�ere pro- duced. SP� TIOi7 j. That all pr�ymentc shall be made by warrants payable only from the EVERETT �9ATER SYS1'En CONSTRUCTION FUSD, created under and by virtue of Ordinance No. 2054 of the City of Fverett, and not othernise, and the party of the second part a�rees to look solely to eaid fund for the payment of s�sid improvement, �nd agreea to accept eaid warrants �t their full face value, in complete settler��ent of all claims and demende arisina under and b3� virtue of this contract. SPDTION 4. Payment shall be made for avork and labor per�ormed and material furnished under this contruct accordin� to the schedule of rates and pricea hereto attached and which are hereby g�ade a part of thie contract, fhe Water Superintenoent shall deterrtine the unit quantitiee and the proper classificr3.tion of all work done and materia� furnished under the prociaions of thi� ngreement and his determination thereof shull be final and conclueive and binding upon the Contractor. SP�TION 5, Yartial payments uFon this contrset, not to,exceed 70 per cent of the Aork done, shall be made at the request of the c:ontractor once each month, said payments Lo be made upon L•]lee esti- matee of the ;."ater Superintendent in charge. In ca,ae of lump sum price a scl7edule o.f prices Lo bexused ae basis of partial uayments shall be based upon the pricee in the preliminary esti:nate v�hich prices shall -2_