6110 HIGHWAY PL 2016-01-01 MF Import

acceptunce and approval of such �ork. Said accepta�ce and approval ahall not nrevent the Cit3� from tliereafter naking clair!m for uncom- nleted or defecti�*e �vork. S77CTIOii 9, The party of t:ie second part agree3 to save the City of �'verett harmlesa from any and all damages that may be suffered by any per3on or persone as a result of the negli�ence of said party of the second part, his a�ent3 or employeeo in performins Llie ��ork pro- vided for in this contract. SF�TION 10. Should the CQ�ntractor at any time refuse or neglect to supply a suffic3eacy of properly akilled worlanen or of materials of the proper quality, Or fail in any respect to orosecute the �sorlc with promptness and dili�ence, or fail in the perfor:nance of any of the agreement3 herein contained the City Council rhall be at liberty, after t2iree days' written notice to the Coniractor, to •_�roaide any such labor or materials and to deduct tlie co;,t t:iereof from any money Lhen due or thereafter to become due to t2ze Contractor und�r thia contract; and if the �,9ai:er Superi:�tendent shall certify that such refusal, negleet or failure is sufficient ground for such action, tlie City Council may, bY nritten ,zotice, terminate tiie employment of the Contractor for the said work, and enter upon the premises and tal;e possession of all the materials, tools and appliances t_zereon, and to use the 3ame for the purpose of completing th e ti�ork inclzded ixnder thie contract, and em- ploy, by contract or otherwise, any other person or pers�ns to finish t11e worlc, and grovide any additional materials therefor; and in c�se of such discontinuance uf the employ�ent of t}ie Contractor, he 3ha11 not be entitled to reaeive any further�balance of the amount to Ue paid under this contract after said termination, until the wCrk ;,I1�11 be -4—