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<br /> ·3- <br /> 2. That payments under Article IU (2) above shall be ma<d.e month. <br />¡y in proportion to the engineer's estimates tor payments to the con- <br />tractor or oontractors, the total paid by the city to the englneel' to <br />be adjusted, bef'ore finaJ. payment. so that the total $I!lount :paid under <br />Article III (1) and (2) above will n~t exceed five percent (5~1 of the <br />actual oost of' construction, except that. if the period of' construction <br /> ...-- <br />shaJ.l extend beyond the stipulated oontraot time, the oity shall pq an <br />additional amount tor advisory engineering servioes during such exteDd~ <br /> . <br />ed time, as provided for under'Artiole III (5) above. <br /> 3. That the cost of oonstruotion 2I1eans the totfàl. oost to the Oitý <br />of the entire oonstruction and without deduction on aocount of liquidat~ <br />ed damages or other $I!lounts withheld tro2l1 payments to the oontraotors, <br />but suoh ooste whall not include the amounts paid for engineering Der~ <br />vices or other øosts other than actual cost of materials. construotion <br />and equipment inoorporated in the work. <br /> 4. That all original tracings of the detail plans shall be turned <br />over to and shall become the property of the city of Lakewood when oom- <br />pleted, and a copy thereof shall be delivered to the director of publio <br />works when said plans and specifications are completed. <br />_.. - It is hereby mutue.ll;y agreed by the parties hereto that,' upon <br />acceptance of this agreement as herein conta,ined, the terms of this <br />agreement, ao acoepted, shall c onst1 tute the only binding contract be.. <br />tween the parties hereto and shall not be refel'rable to any other pre- <br />vious agreeraent whether written or oral. <br /> It is also mutually agreed by the parties hereto that th1s con~ <br />trhct, or any part thereof, shall not be assigned without the oonsent at <br />the oi ty of Lakewood. <br /> Ili Wll'IŒSS W1ŒREOF, the City of' Lakewo od, by Amos I. Kauffman, <br />its director of publio works, hereunto duly authorized and Rollin F. <br />MaoDowell, the engineer of Cleveland, 01do, have signed this agreement <br />this ___ day of October 1936. <br />Signed in presence of. CITY OJ,' LA1Œf.OOD, OHIO <br />PllX'ty of the First Part <br /> :By, Direotor of Public Works <br /> j jngir1eer, <br /> Party of the second park <br /> <br />, <br />