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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.