CONTRACT.

By authority of chapter 212, Laws of 1908-"BB"-$10,000.00 "CC" 90,000.00

STATE OF NEW YORK

CONTRACT

Made and entered into this 31st day of December, A. D., 1908, by and between the Commissioners of the State Reservation at Niagara, Niagara Falls, N. Y., acting for and in behalf of the State of New York, as party of the first part and Charles E. Fraser & Co., 315 Fifth avenue, New York city, as party of the second part,

WITNESSETH: That said party of the second part hereby agrees for themselves, their heirs, executors, administrators, successors or assigns, for the consideration hereinafter mentioned, to furnish the material and perform the labor required and necessary for construction, plumbing, electric heating and lighting, and vertical elevators, including machinery; shaft and tunnel and inclined foot. path; at the State Reservation at Niagara, Niagara Falls, N. Y., in accordance with specifications No. 1197 and memoranda of changes dated December 15, 1908, per their proposal of December 2, 1908, and supplemental proposition of December 28 and 30, 1908, copies of which are hereto attached.

The work to be commenced promptly, progressed with diligence, in accordance with the drawings and specifications prepared by Franklin B. Ware, State Architect, and in the order which the State Architect may reasonably require, and to be fully completed on or before July 4, 1909, except that the elevators are to be fully completed and in working order and ready for use on June 1, 1909.

The said party of the first part hereby agrees to pay to the said party of the second part, in consideration of the due fulfillment of the conditions of this contract the sum of one hundred thousand dollars ($100,000.00), as hereinafter specified.

It is understood and agreed that all the conditions and obligations set forth in said specifications, copies of which are hereto annexed, are to have the same force and effect as if set forth specifically and at length herein.

It is understood and agreed that the party of the second part shall pay to the party of the first part, by way of liquidated and ascertained damages and not as a penalty, the sum of ten dollars

for each and every day on which there is delay beyond the above named date for completion to compensate the party of the first part for the loss sustained by reason of inability to enter into possession and on account of failure to complete the contract, and such sum or sums shall be deducted from any moneys which may be due or become due thereon. This provision shall not be taken to affect the rights with regard to this contract as set forth in the clause in the general conditions entitled: "Delay."

It is expressly understood and agreed by and between the several parties hereto that this contract shall be deemed executory only to the extent of the moneys available therefor, and that no liability on account of this said contract shall be incurred by the State beyond the moneys available for the purposes herein.

It is understood that the contractor shall conduct the work provided for herein in compliance with all laws of the State of New York and with the lawful directions of the officers, agents or representatives of the State.

The contractor further stipulates and agrees that no laborer, workman or mechanic in the employ of the contractor, subcontractor or other person doing or contracting to do the whole or a part of the work contemplated by this contract shall be permitted or required to work more than eight hours in any one calendar day except in case of extraordinary emergency caused by fire, flood or damage to life or property.

The contractor further stipulates and agrees that the wages to be paid for a legal day's work, as hereinbefore defined, to all classes of such laborers, workmen or mechanics upon said work or upon any material to be used upon or in connection therewith, shall not be less than the prevailing rate for a day's work in the same. trade or occupation in the locality within the State where such public work on, about or in connection with such labor is performed in its final or completed form, is to be situated, erected or used.

The contractor further agrees that this contract shall, at the option of the State, be void and of no effect, unless said contractor and each and every person who may have any part on the contractor's behalf in performing the same shall comply with the provisions of chapter 506 of the Laws of 1906.

The contractor further agrees that in the construction of said work only citizens of the United States shall be employed, and in all cases where laborers are employed on such public works preference shall be given to citizens of the State of New York.