| style="vertical-align:top;" | 31. Monthly Certificates of the work done || The value of the works as they proceed shall be estimated every month by the Engineer and a Certificate of the amount due in respect of work done shall thereupon be granted by the Engineer to the Contractor and in granting such Certificate, the Engineer shall be at liberty, if in his absolute discretion he shall think proper so to do, to add to the amount thereof any further sum which he may think proper in respect of the value of any materials or plant brought by the Contractor on to the ground. Any assistance or labour which the engineer may require for the purpose of enabling him to make such Estimate and all stakes, posts, poles and other articles which may, in his opinion be required for setting out or taking measurements of the works, or for any other purpose whatever shall be found by the Contractor.
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| style="vertical-align:top;" | 32. Authority for alterations || No payments for extra or altered works will be allowed unless the contractor can produce an order from the engineer in writing to execute such works and the claim for payment for the same shall be made by the Contractor in time for the Certificate immediately following the execution of such work or the claim will not be there after recognized by the Company. | -| style="vertical-align:top;" | 33. Payments || The payments to be made by the Company to the Contractor in respect of work done shall be made monthly and the amount of such payments shall be in accordance with the Certificate of the Engineer, as hereinafter mentioned. |-| style="vertical-align:top;" | 34. Time and mode of payments subject to retention || The Contractor shall within fourteen days after the presentation of every such Certificate, be entitled to receive from the Company ninety per cent of the amount so from time to time certified and the Company shall and may retain the remaining 10 per cent until the sums so retained shall amount to £4,000 after which the whole some included in every such Certificate shall be paid to the Contractor. The sums so retained by the Company shall be held by them as a Security for the due performance by the Contractor of the conditions and or stipulations of the Contract, and shall be paid over to him by the Company at the expiration of three months after the due and proper completion of the works as certified by the Engineer, less such an amount as the Engineer may consider necessary to retain to meet any contingencies which might arise through the obligation of the Contractor to maintain the works constructed by him for twelve months, as herein provided for.
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|}style="vertical-align:top;" | 35. Payments not to operate as an admission of works being properly constructed || The payment of any instalments or sums payable under this Contract shall not affect any question upon the ultimate settlement of the accounts in respect of the Contract, or be taken as a proof or admission of any particular works having been executed, or of the value thereof, or of any works having been properly constructed and executed, but shall be taken as having been made upon account generally only.
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| style="vertical-align:top;" | 36. Not to underlet Contract || The Contractor shall not, without the permission of the Engineer first obtained in writing, assign or under let this Contract or any part thereof.
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| style="vertical-align:top;" | 37. Company to have a lien on materials &c || The Company shall have a lien on all materials plant, and machinery, tools articles and things which have been or shall be brought or deposited by or for the Contractor upon the site of the works, or upon any other land of the Company adjoining or near thereto and shall be entitled to prevent the Contractor from removing or taking away the same from the site of the said works or such land, without the leave and permission of the Company, and to recover possession of the same, if so removed or taken away without their leave and permission, at any time before the entire execution & completion of the works.
32|-| style="vertical-align:top;" | 38. Authority Contractor to observe stipulations and requisitions of the Company’s Acts and the general Acts Incorporated therewith<br><br><br>To pay compensation for alterations.No payments for extra or altered omission to comply therewith || The Contractor shall at all times during this Contract in the construction and execution by him of the said works will be allowed unless , and in the contractor can produce an order occupation and use of the lands from time to time purchased for the purposes of the engineer in writing to execute such works said Railways and Works and also of the claim for payment lands which he may require and obtain possession of for temporary purposes, observe, fulfil and comply with all the directions, stipulations and requisitions with respect thereto of “The West Midland and Severn Valley Railway Companies Act 1861” The Great Western Railway Acts of 1868 and 1872 and the several Public General Acts incorporated therewith so far as the same or any of them are applicable, and of any agreements entered into with Landowners, manufacturers, Public boards, or other Companies, and shall be made also make and pay to the several persons entitled thereto all compensation, penalties, damages, costs, charges, and expenses incurred by reason of any neglect or omission of the Contractor in time for to comply with the Certificate immediately following the execution provision of any such work Acts of Parliament or Agreements And the claim will not be there after recognized by Contractor shall save harmless and indemnify the Companyfrom and against all claims and demands for any such compensation, penalties damages and moneys and all actions and other proceedings costs and charges in respect thereof.|-| style="vertical-align:top;" ||-| style="vertical-align:top;" ||-| style="vertical-align:top;" ||-| style="vertical-align:top;" | |-| style="vertical-align:top;" ||-| style="vertical-align:top;" ||-| style="vertical-align:top;" ||-| style="vertical-align:top;" ||-| style="vertical-align:top;" | |-| style="vertical-align:top;" ||-| style="vertical-align:top;" ||-| style="vertical-align:top;" ||-| style="vertical-align:top;" ||-|}
33. Payments.The payments to be made by the Company to the Contractor in respect of work done shall be made monthly and the amount of such payments shall be in accordance with the Certificate of the Engineer, as hereinafter mentioned.
34. Time and mode of payments subject to retention.
The Contractor shall within fourteen days after the presentation of every such Certificate, be entitled to receive from the Company ninety per cent of the amount so from time to time certified and the Company shall and may retain the remaining 10 per cent until the sums so retained shall amount to £4,000 after which the whole some included in every such Certificate shall be paid to the Contractor. The sums so retained by the Company shall be held by them as a Security for the due performance by the Contractor of the conditions and or stipulations of the Contract, and shall be paid over to him by the Company at the expiration of three months after the due and proper completion of the works as certified by the Engineer, less such an amount as the Engineer may consider necessary to retain to meet any contingencies which might arise through the obligation of the Contractor to maintain the works constructed by him for twelve months, as herein provided for.
35. Payments not to operate as an admission of works being properly constructed.
The payment of any instalments or sums payable under this Contract shall not affect any question upon the ultimate settlement of the accounts in respect of the Contract, or be taken as a proof or admission of any particular works having been executed, or of the value thereof, or of any works having been properly constructed and executed, but shall be taken as having been made upon account generally only.
36. Not to underlet Contract
The Contractor shall not, without the permission of the Engineer first obtained in writing, assign or under let this Contract or any part thereof
37. Company to have a lien on materials &c.
The Company shall have a lien on all materials plant, and machinery, tools articles and things which have been or shall be brought or deposited by or for the Contractor upon the site of the works, or upon any other land of the Company adjoining or near thereto and shall be entitled to prevent the Contractor from removing or taking away the same from the site of the said works or such land, without the leave and permission of the Company, and to recover possession of the same, if so removed or taken away without their leave and permission, at any time before the entire execution & completion of the works
38 Contractor to observe stipulations and requisitions of the Company’s Acts and the general Acts Incorporated therewith
To pay compensation for omission to comply therewith
The Contractor shall at all times during this Contract in the construction and execution by him of the said works, and in the occupation and use of the lands from time to time purchased for the purposes of the said Railways and Works and also of the lands which he may require and obtain possession of for temporary purposes, observe, fulfil and comply with all the directions, stipulations and requisitions with respect thereto of “The West Midland and Severn Valley Railway Companies Act 1861” The Great Western Railway Acts of 1868 and 1872 and the several Public General Acts incorporated therewith so far as the same or any of them are applicable, and of any agreements entered into with Landowners, manufacturers, Public boards, or other Companies, and shall also make and pay to the several persons entitled thereto all compensation, penalties, damages, costs, charges, and expenses incurred by reason of any neglect or omission of the Contractor to comply with the provision of any such Acts of Parliament or Agreements And the Contractor shall save harmless and indemnify the Company from and against all claims and demands for any such compensation, penalties damages and moneys and all actions and other proceedings costs and charges in respect thereof.
39 Company paying compensation to be repaid by contractor
