Neither this contract nor any interest herein shall be transferred to any other party or parties, and in case of such transfer the United States may refuse to carry out this contract either with the transferor or the transferee, but all rights of action for any breach of this contract by said contractor are reserved to the United States.ĪRT. The contractor further agrees to hold and save the United States harmless from and against all and every demand, or demands, of any nature or kind for, or on account of, the use of any patented invention, article, or process included in the materials hereby agreed to be furnished and work to be done under this contract.ĪRT. It is further agreed by and between the parties hereto that until final inspection and acceptance of, and payment for, all of the supplies and materials and work herein provided for, no prior inspection, payment, or act is to be construed as a waiver of the right of the party of the first part to reject any defective articles or supplies or to require the fulfillment of any of the terms of the contract.ĪRT. That in case of the departure of the said contractor to perform the stipulations of this contract within the time and in the manner specified above, Articles I to III, inclusive, the said party of the first part may, instead of waiting further for deliveries under the provisions of the preceding article, supply the deficiency by purchase in open market or otherwise, at such place as may be selected (the articles so procured to be the kind herein specified, as near as practicable) and the said contractor shall be charged with the increased cost of the supplies and materials so purchased over what they would have cost if delivered by the contractor on the date they were received under such open-market purchase.ĪRT. It is further agreed that for all supplies and materials which shall not be delivered in conformity with the requirements of this contract on or before the dates prescribed therefore in Article II, above, but which shall be subsequently delivered and accepted, the prices shall be as follows:ĪRT. To be paid as soon as practicable after the acceptance of the same, in funds furnished by the United States for the purpose, reserving per cent from each payment until final settlement, on completion of the contract or otherwise.ĪRT. One (1) heavier-than-air flying machine at a total cost of twenty-five thousand (25,000) dollars. That for and in consideration of the faithful performance of the stipulations of this contract, the contractor shall be paid at the office of-the Chief Signal Officer-of the Army-, at-Washington, D.C.-, for all supplies and materials delivered in conformity with the requirements of this contract, on or before the dates above specified (Article II, supra) and accepted, the following prices, viz: The decision of the Chief Signal Officer, United States Army, as to quality and quantity shall be final.ĪRT.
All supplies and materials furnished and work done under this contract shall, before being accepted, be subject to a rigid inspection by an inspector appointed on the part of the Government, and such as do not conform to the specifications set forth in this contract shall be rejected. That complete delivery shall be made on or before August 28,1908.ĪRT. That the deliveries of the supplies and materials herein contracted for shall be made in the manner numbers, or quantities, and for each number or quantity, on or before the date specified therefore, as follows, viz: One (1) heavier-than-air flying machine, in accordance with Signal Corps Specification No. That the said contractor shall manufacture for and deliver to the United States of America, Wallace, Captain, Signal Corps, United States Army, for and in behalf of the United States of America, and the said-Wright Brothers-(hereinafter designated as the contractor) do covenant and agree, to and with each other, as follows, viz:ĪRTICLE I. In the county of -Montgomery-State of -Ohio-, of the second part, Witnesseth, that in conformity with copy of the advertisement, specifications, and proposal hereunto attached, and which, in so far as they relate to this contract, form a part of it, the said-Chas. Wallace, -Captain-, Signal Corps, United States Army, of the first part, and Wilbur and Orville Wright, trading as Wright Brothers, of 1127 West Third Street, Dayton, These Articles of Agreement entered into this -tenth-day of February-, nineteen hundred and -eight, between-Chas.
Signal Corps Agreement and Specifications Signal Corps.