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Fourth. That no whiskey, or ardent spirits, but such as has paid the excise, shall be purchased by the said Daniel Vertner, or his Agent for the purposes stipulated in this contract.

Fifth. That whenever or as often as the provisions stipulated to be furnished under this contract, shall, in the opinion of the commanding officer of the post, be unsound, or unfit for use, a survey shall be held thereon by two disinterested persons, one to be chosen by the commanding officer of the pose, and the other by the said Daniel Vertner or his agent, and in case of disagreement, a third person to be chosen by mutual consent, who shall have power to condemn such part of the provisions as to them may appear unfit for use.

But if the said Daniel Vertner or his agent, shall fail, or neglect, to appoint a person to be in writing; then, and in that case, it shall be lawful for the said commanding officer to appoint such persons as he may think proper, to inspect the provisions, under oath, with power to condemn as aforesaid.

Sixth. That the commanding general, or person appointed by him, at each post, in case of absolute failure, or deficiency, in the quantity of provisions contracted to be delivered and kept up, shall have power to supply the deficiency by purchase, at the risque and on account of the said Daniel Vertner.

Seventh. That whenever any articles constituting the whole, or any part if the ration, shall not be in store, and withheld from the officers and soldier, due bills shall be given therefor, payable within two months by the delivery of the articles withheld. If, at the expiration of the said two months, the contractor, or his agent, shall not deliver the articles expressed in the said due bills, within ten days after demand being made therefor, payment for the articles so withheld shall be made in money, by the contractor, or his agent, at the contract price.