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

          Fifth.   That whenever and as often as the provisions stipulated to be furnished under this contract, shall, in the opinion of the commanding officer of the post or place, where they are offered to be issued, be unfound, or unfit for use, a survey shall be held thereon, by two disinterested persons, one to be chosen by the commanding officer, and the other by the said William Colfax 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 William Colfax or his agent, shall fail, or neglect, to appoint a person to inspect the said provisions, after reasonable notice in writing, it shall be permitted to 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 or place, in case of absolute failure, or deficiency, in the quantity of provisions contracted to be delivered and issued, shall have power to supply the deficiency by purchase, at the risque and on account of the said William Colfax.

           Seventh.   That whenever any articles constituting the whole, or any part of the ration, shall be withheld from the officers and soldiers, due bills shall be given therefor, payable within two months by 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 by the contractor or his agent at the contract price.

               [undecipherable] [undecipherable] sustained by the depredations of an enemy, or by means of the troops of the United States, in [undecipherable] ntended to compose rations, to be issued under this contract, being the property of the contractor, as well as in other property necessarily used in transporting the same, shall be paid for at the contract price of the rations, or the component parts, and at an appraised value of the other articles, on the deposition of one or more creditable characters, and the certificate of a commissioned officer, when the same can be obtained, ascertaining the circumstances of the loss, and the amount of the articles for which compensation is claimed.

          Ninth.     That escorts and guards for the safety of the provisions, and for the protecting of the cattle against an enemy, shall be furnished, whenever, in the opinion of the commanding officer of the army, or of any post, to whom application may be made, the same can be done without prejudice to the service, and that the said William Colfax shall not be answerable for any deficiency of supplies, at any of the said polls or places, if it shall appear, upon satisfactory proof, that such deficiency was occasioned by the want of proper escorts and guards.

        Tenth.       That at all stationary posts, proper store-houses shall be provided on behalf of the public, for the reception and safe-keeping of the provisions deposited from time to time, at such posts respectively ; and the contractor shall suffer no loss for want of such stores.

     Eleventh.        That the said William Colfax his executors, or administrators, shall render his or their accounts to the Accountant of the Department of War, for settlement, at least once in every three months, agreeably to such form as by the Comptroller of the Treasury may be established and made known to him or them. 

    Twelfth.           That the said William Colfax when directed by the proper officer, shall provide quarters for the soldiers or recruits that may be at any time at any recruiting rendezvous where he shall be required to supply and issue rations, and also, the means of transportation for the soldiers or recruits, on their removal from the same ; and also supplies of fuel and straw, in quantities prescribed by regulations adopted by the Department of War with which he will be furnished, and it is agreed that he shall be allowed on the settlement of his accounts, the monies he shall actually pay for the quarters and transportation provided, and the supplies of fuel and straw, agreeably to the regulation mentioned, furnished by him and also a commission of two and one half per cent. on monies disbursed by him for the same.