Edward H. Miller Jr. Exhibits for Deposition

Engineer.

9th. It is further understood and agreed by the parties to this contract that all the work performed by the parties of the first part under the direction of the said Engineer and not embraced in or provided for by the terms of this contract shall be paid for at the rate of ten percent above the actual cash cost to the parties of the first part.

10th. It is further understood and agreed by the partis hereto that if work of construct= ing the Central Pacific Railroad of California or any portion thereof embraced in this contract should from amy cause beyond the control of said party of the second part, be delayed or "extended'[crossed out] suspended no extra allowance is to be claimed by or allowed to the party of the first part on account of such delay or suspension, over and above the amount of work actually done and material delivered, at the time of such delay or suspension, but the parties of the first part shall be entitled to and shall receive such extension of time for com= pleting the work embraced in this contract as will in the opinion of the said Engineer be equal to the time lost by such delay or suspen= sion and it is further understood that a written notice "of the"[crossed out] [caret]"to" delay or suspend"sion"[crossed out] work

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from said Engineer to the party of the first part will be regarded as binding upon said party of the first part.

11th. The party of the first part shall commence and carry out the work at such times and points as said Engineer may direct and shall conform to his directions as to the amount of force to be employed and the order of time in which the different portions of the work shall be done.

12th. If the parties of the first part refuse or unreasonably neglect to remedy any im= perfections which may be pointed out by the said Engineer or in any manner vio= late the conditions of this contract so that in the judgment of the said Engineer there shall be reasonable grounds of apprehension that the work will not be completed in the manner and within the time herein specified, then it shall be the duty of the said Engineer to serve a written notice upon said party of the first part, setting forth the grounds for such apprehension and specifying the manner together with a reason= able time in which said party may cause such grounds to be removed and if at the expiration of such time said grounds of appre= hension be not removed then in consideration

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of the risks and damages accrue to the said party of the second party by reason of said delinquency, full power and authority is hereby given to the party of the second part, to take immediate possession of the whole or any portion of the work embraced in this con= tract, together with the tools shanties materials and other fixtures pertaining to and in use upon the work and to complete the same in such manner and by the use of such means as the party of the "party"[crossed out] second part may deem expedient; or if the party of the second part so elect, they are hereby authorized to employ under the direction of said Engineer such additional force or procure such additional materials, as will in their opinion secure the performance of the work in the manner and time herein specified, and the said party of the first party[y crossed out] hereby authorizes and empowers the party of the second part to re= tain such an amount from the monthly or final estimates, or from the percentage retain= ed from such estimates, or from the percent= age "obtain'[crossed out] retained from such estimates as will fully reimburse and indemnify them for the expenses and damages resulting from said delinquency.

13th. It is further agreed and understood

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by the parties hereto, that in case the parties of the first part use all ordinary diligence in prosecuting the work so as to complete it within the time herein specified, they shall not be held accountable for any delay that may arise from extraordinary causes, such as cholera or other epidemics among the laborers, or any casualties that may arise by reason of freshet or fire, but they shall be allowed so much additional time for the performance of this contract as will in the opinion of said Engineer compensate for the time thus lost.

14th. It is further agreed and understood that the work embraced under this contract shall include the Grading, Masonry, Trestling, Piling Bridging, the furnishing of ties and laying of the Track from the foot of K Street Sacramento to the line of the California Central Railroad, at or near Griderson Secret or Antelope Ravine, according to the plans profiles specifica= tions, and bills of timber, and iron prepaid by T. D. Judah Chief Engineer of said road, but not to include the furnishing of the Iron Rail, chains and spikes or the erection of buildings.

15th. In consideration of the full and faith= ful performance by said parties the first part of the several stipulations herein contain= ed the aforesaid party of the second part hereby agree to pay the said party of the first part

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for the work herein specified upon the monthly and final estimates of the said Engineer the gross sum of Four hundred thousand dollars, as follows, to wit: Two hundred and fifty thousand dollars in in cash, Fifty thousand dollars in Capital stock of the company, not liable to assessments and One hundred thousand dollars, in the mortgage bonds of the company bearing date "of"[crossed out] the 1st [caret]day of December One thousand eight hundred and sixty two, it being understood that said party of the second part will retain ten per cent of said monthly estimates until the comple= tion of the whole work, as security of the faithful performance in the manner following to wit:

The said Chief Engineer or in his absence his Chief assistant Engineer shall once in each month on or before the last day of said month make out a correct estimate, based upon said schedule of prices of all work done an mate= rials furnished to the said month; and ascertain the amount which may be due to said party of the first part in cash stock and bonds, he shall certify to the same and the amount thus certified to, shall be paid by the said party of the second part, to said party of the first part, on or before the eighth day of the following month, in the proportions of Cash Stock and bonds, as said certificate shall show is due,

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