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Payments will be made to the Contractor in cash by said <br />Second Party but only' from the proceeds of assessments ievied and <br />bonds which have been sold to represent unpaid assessments, or from <br />any fund provided to the Second Party and placed into the same fund, <br />which said fund is the fund mentioned and described in <br /> <br />Section 10424 of the Streets and Highways Code of the state of <br />California. Said payments will be..made to the contractor based upon <br />the provisions of said specifications for payments and based upon <br />the conditions therein specified. <br /> <br /> And it is further agreed and expressly, understood by the <br />parties to this contract, and notice ~hereof is hereby given, that <br />in no case except where it is otherwise provided by law will said <br />Second Party or any officer or employee thereof by liable for any <br />portion of the expenses of the work aforesaid or for any delinquency <br />of persons or property assessed. <br /> <br /> IN WITNESS WHEREOF the First Party has hereunto subscribed <br />its name and Second Party has subscribed its name by its Mayor, and <br /> <br />attested by its City Clerk. <br /> <br />O. C. JONES AND SONS, a <br />partnership <br /> <br />"~irst Par~y" - <br /> <br />ATTEST: <br /> <br /> APPROVED AS TO FORM <br /> <br />~Vi,:.Li~,r.,,] A. HIRST, ~i~'y Attorney <br /> <br />-7- <br /> <br />CITY OF PLEASANTON, a municipal <br />~~ ~oe~tats °f//~j ~ <br /> <br />Mayor <br /> <br />"Second Party" <br /> <br /> <br />