The Portland daily press., 1888-07-14

| - NAe N"Alo VI eAio icoSof, all cOuVeyance6 OF
property heleby authorized to be conveyed,
when such conveyance shall be ordered by vote
OF the board of directors Of said lessee.
A. The said lessee further covenants as
aforesaid, for itself, its successors and
assigns, that IT will duly pay the rent
herein reserved al the times and in
the manner herein provided. and
will duly pay all taxes which NAV lawfully be
assessed in any jurisdiction, and for anv pur
| pose, upon any and all the corporate propertv
| rights, estate and franchises hereby demised.
o. The said lessee further covenants as afore-
said, for itself and its successors and assigns,
that It will assume, provide for. satisfy and
fully discharge all the debts, liabilities and
obligations Of the said lessor, and all the
debts, liabilities and obligations, if
any, which may hereafter during the term of
this lease by implication Of law arise against
| and be due from said Portland and Ogdens-
burg railway, and all mortgages, liens and in
eumorances on the demised estate, including
the bonds Of the Portland and Ogdensburg
railroad company, amounting to eight hundred
| thousand dollars secured by mortgage from
sara company, dated the first day Of Novem-
| oer a. ~ 1910, and the coupons thereto
annexed as they seyerally become due; and
all the debts, liabilities and obligations of
Samuel j. Anderson, as receiver as aforesaid, or
MS successor in Office; and all the debts,
liabilities and lawful charges for their services
as trustees, and for legal and other expenses
incurred by them in the execution Of their
trust OF Nathan Webb, Weston +. Milliken
and Horutio N. Jose, trustees under the mort
gage from the Portland and Ogdensbug rail-
road company, dated the first day Of November.
A. ID. 1871, and all the debts liabilities and
lawful charges as aforesaid Of the trustees
under any and all other mortgages on said rail-
road: and said lessee viii save said lessor HARM
less from all liability whatsoever on all and
singular said debts, liabilities and obligations
as fully and completely as il they were the
proper debts, liabilities and obligs.ions Of the
lessee.
6. The said lessee further covenants as
aforesaid, for itself and its successorsl and
assigns, that it will, from and after the execu-
ton OF this indenture, assume the defence Of all
suits, actions, complaints and prosecutions
which may then be pending, or which may
thereafter be brought against the said lessor or
any OF its officers, servants or agents, or said
receiver or his successor, for anything by
them done under authority and in
behalf of said company, and will
indemnify and save harmless the said
stockholders thereof and said receiver against
all costs and expenses incurred in such defence,
and against any and all judgments which may
be recovered in such suits, and against all
actions damage and liability, on account Of
anything which may be done or omitted by the
said lessee, or its successors, while exercising
or assuming to exercise any of their powers
and rights under this indenture, and on ac-
count Of any and all acts, omissions or ne
elects Of any kind IN any manner done or
suffered by the said lessee or any Of its SER
wants or agents.
The laaaaa ahaI1 aaarroa a11 txaft;c balances
and other debts due, or that NAV become due,
from said lessor or said receiver TO other
railroad or transportation companies: shall
assume, observe and perform all contracts Of
every nature made by the lessor before the
final execution and delivery Of this indenture,
or by said receiver or his successor while in
possession Of the demised property; shall
furnish the directors Of the lessor with free
annual passes over the railroads operated by
the lessee under this lease shah uermit the
demised premises to be inspected ann y
by some competent person appointed by the
lessor, who shall report to the lessor the con-
dition Of said premises, and who, for the
purposes Of such inspection, shall be furnished
with free transportation over the railroads
operated by the lessee under this iease shall
make all returns required by the lessee by
law: shall furnish the lessor with all such
statements as shall enable il TO make all re-
turns required by law Of the iessnr; and, at
the end Of the term Of this lease or at any
earlier termination thereof from any cause
whatever, shall surrender the demised premises
in like ord and condition as they were at
the inception Of this lease or may be put in
during the term with all improvements
thereon, and all extensions thereof,
and with all additional railroads
or parts Of railroads that may be con-
strueted by the lessee under the charter Of the
lessor or IN its name.
To prevent uncertainty as 10 the property
herein demised and to be accounted for upon
the termination or forfeiture Of this lease there
shall be made as of the day when this lease
takes place, an inventory, description and ap-
praisal Of all the estate and property, real and
personal, belonging to the lessor, and coming
into the possession Of the lessee by virtue Of
this lease. Such inventory, description and
appraisal shall be made by two competent per
sons, one selected by each party; in case of
their disagreement they shall refer the matter
IN difference to some third person selected by
the two, whose decision shall be made final.
Such inventory, description and appraisal shall
be made in duplicate, and an original fur
nished TO each party, and shall be evidence Of
the nature, value and condition of the property
demised at the inception ef this lease in all
cases in which any question Of such nature,
condition or value may arise.
Z. The said lessee further covenants rs afore-
said, for itself and its successors and assigns
that it will, on or before the expiration Of
every year during the term Of this lease, pay
to the said lessor the sum of five hundred dol
lars, for all such necessary expenses as the
lessor may incur, within the year aforesaid, for
the compensation Of such officers may be
required in maintaining the organization Of said
Il. ~.
holding of its corporate meetings, and for all
necessary proceedings in maintaining and pre-
serving its corporate powers.
s. The said lessee further covenants as afore-
said, for itself and its successors and assigns,
that It viii never assign this lease, nor under
let the whole, nor any part Of the demised
railroad. without the written assent Of the
lessor first had and obtained authorized by
vote Of the stockholders thereof at a meeting
called for the purpose, and that il
will at all times do. observe
and perform whatever may be lawful and rea-
sonably required on its part to be done, OBJ
served and performed, to uphold, protect and
maintain the franchise, rights and interests of
said Portland and ogdensburg railway, and
that it will not do nor voluntarily suffer any
thing to be done. which shall tend to a for
feiture Of the franchise Of said Portlsnd and
Ogdensburg railway or in any manner impair
the value Of the same.
PrOvided, hovever, that in the event Of the
lessee's leasing their system to, or eonsolidat-
ing with, any corporation operating con-
meeting railroad or system OF railroads, the
lessee's interest in the demised premises shall
pass by such lease OF contract Of consolidation.
,. This lease is upon the condition that, II
said lessee, its successors or assigns, shall fail TO
pay any rent-dividend on demand as the same
shall become payable and shall suffer
the same TO be in arrears for more than six
months after the same becomes.
payable and payment is demanded. or
shall fail to pay the principal and coupons Of
said bonds secured by said mortgage dated the
first day of November, A. d., 1870, or the
principal and interest Of any bonds
secured by any mortgage of the demised
premises made as hereinafter provided, or the
principal or interest on said receivers certih-
Gates, when presented for payment on or after
maturity, and shall suffer them, or any Of
them, to be in arrears for more than six months
after maturity and presentation for payment;
or shall fail to perform any award made under
the sixteenth section Of this indenture as
provided in said section, then and in either
event, said lessee shall thereupon be liable to
suffer the forfeiture of this lease:
And if such default shall continue for the
space Of six months the said Portland and
O0flan shurO railway into aod ,..ov. al a..