The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1888-07-14


respects precisely as if they were a mart Of the
premises originally demised
10. The said Portland and Ogdensburg
railway hereby further covenants that it will
at all times hereafter grant to the said lessee,
or It's successors, all such access to and in
spection OF the books, accounts, title deeds,
records, MES and vouchers of the said lessor
as may be necessary to facilitate the opera
lons, and secure the interests of the said lessee
under this indenture.
Inc lessee Keeping and performing all the
covenants, agreements and conditions herein
contained 10 be performed by it, may at its
own cost and expense, do any act in the name
OF the lessor which, under the charter Of the
lessor or the laws of said States Of Maine and
New Hampshire must be done id the name of
the lessor IN the maintenance operation, inn
provement or extension Of the railroads and
railroad property demised by this indenture.
AND the SAID lessor covenants and agrees
that 1t VIII make any further assurance or
conveyance which, al any time, may be found
necessary to secure to said lessee the exercise
OF its rights, powers and privileges under this
indenture according to its true intent and
meaning; and will at the request Of said les
see, authorize and execute any instrument Of
conveyance of property which under the terms
of this indenture the lessee is authorized
to sell, and any mortgage which is herein au-
thorized to be given; and will do any act re-
quired to be done in its corporate capacity
which may be necessary to enable the lessee TO
extend said railroads or to exercise any other
of the rights powers and privileges authorized
by this indenture or the charter of the lessor
or the laws of said States.
II said lessor shall fail to perform any award
made under the sixteenth section of this inden-
tnre as provided in said section, il shall be
lawful for the lessee to suspend the payment Of
the rent herein reserved until such award shall
be performed.
l6. In case either party to this indenture
shall hereafter at any time claim that any of
the things herein agreed to be done by
the other party are not done, then either party
may call upon board of three dsinterested
men to be appointed by the chief justice of
the supreme court Of this State, or by the
Judge of the United States district court for
the district of Maine, or the United States
circuit court for the first circuit, upon notice
to the other party which board or a majority
of them shall hear the parties, and
determine the matters at issue, and,
if they find thereon against the
party against whom claim or COM
plant is made, shall determine what shall
be done by that party and fix reasonable time
for doing the same, and if said party shall
neglect Tor more than ninety days after the
time so fixed to perform the award and finding
of said board, or a majority thereof, it shall be
deemed failure by such party to keep and
perform the covenants and agreements of this
indenture by it to be kept and performed.
The party against whom said award is made
shall pay the expenses of the hearing and
determination.
Neither the stipulations in article "Ninth"
nor this article shall take away or diminish
any other rights or remedies at law or in equi-
ty, to enforce the covenants and agreements
herein set forth, or to recover damages result
ing from the failure of said lessee TO fulfil said
covenants and agreements, but said stipula-
tons are additional to all other remedies at
law and in equity.
In testimony whereof, the said Portland and
Ogdensburg railway has caused these presents
to be subscribed by Samuel J. Anderson, the
president thereof duly authorized, and counter
signed by its treasurer and its corporate seal
affixed, and the said Maine Central railroad
company has caused these presents to be sub
scribed by Arthur Sewall, its president here
unto duly authorized, and countersigned by its
treasurer and its corporate seal to be here
unto affixed the day and year first above
written