Eleventh. The Contractor is to indemnify the Purchaser against all liability or damages on account of accidents occasioned, or claimed to be occasioned, by the omission or negligence of himself, his agents, or his workmen during the continuance of this agreement, and against all claims for royalties on patents; therefore it is hereby agreed that the Contractor shall be promptly and duly notified in writing by the Purchaser of the bringing of any suit or suits on such accounts against the Purchaser, and shall be given the option of assuming the sole defense thereof. It is also agreed that the Contractor is to pay all judgments obtained by reason of accidents or patents in any suit or suits against the Purchaser, including all legal costs, court expenses, and other like expenses.

Twelfth. The Contractor further agrees to give to the Purchaser, and to maintain in force during the continuance of this contract, a surety-company bond, satisfactory to the Purchaser, in the sum of ... dollars ($........),

for the faithful performance of this contract and the specifications, and of all the terms and conditions therein contained, and for the prompt payment for all materials and labor used in the manufacture and construction of the structures, and to protect and save harmless the Purchaser from all claims on account of patents and from all damages to persons or property caused by the negligence or claim of negligence on the part of the Contractor, his agents, servants, or employees in doing the work or in connection therewith, and from injury to or loss of materials paid for by the Purchaser either partially or in full before the completion and acceptance of the construction or constructions.

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Thirteenth. The word “Engineer or Engineers as used in this Contract and in the Specifications shall mean the Consulting

Engineers of

or their duly authorized representative.

IN WITNESS WHEREOF, the parties to this agreement have hereunto set their hands and seals.

Dated the day and year first herein written.