The Black Hills union. [volume] (Rapid City, Pennington County, Dakota [S.D.]) 1889-1904, 1892-04-15

II SIStultlll llcut anu GuIGTeu lltO
this 23rd day of February A. D., 1892, by
company, a corporation duly organized
and incorporated under and by virtue of
the laws of the state of Kansas. and having
its principal place of business at Good
land. Kansas. by its president, E. F.
Murphy. and its secretary. H. E. DonCar-
los. party of the first part, and A. H. Sny-
der, w. NJ. Blake, G. V. Gardner, Zach
Holmes. Ed. Stenger and Preston Sharp
and others whose names are hereto sub
scribed. party of the second part.
Witnesseth, That for and in considera-
ton of the sum of fifteen thousand az, OO0) |
dollars, to be paid to said party of the first
part by said parties of the second part
as hereinafter set forth. the said party of
the first part hereby agrees to sell and con-
vey unto the said parties of the second
| part the perpetual right to use their secret
process for the production of rain fall by ar
t%ificial means in the following described ter
ritory and none other, to-wit: Within the
counties of Butte, Lawrence, Meade, Pen
nington. Custer and Fall River, in the state
of South Dakota and that upon the pay.
ment of the said sum of fifteen thousand
dollars (Sl5,000)said parties of the second
part TO said party of the first part, then
AHS Sti' ppiep u tiS LIZ ptlll Ill COlSlOCl
alton thereof hereby agrees to impart and
fully instruct therein their secret process
for producing rain fall as aforesaid any
person or persons not to exceed two in
number for each of said counties whom
the said second parties may designate, and
will at that time deliver to said person or
persons so designated by the said parties
Of the second part full and complete ap-
partus necessary for a successful operation
of the said process in each of said coun-
ties.
And the said party of the first part
further agrees to first practically demon
strate by actual operation and test to the
satisfaction of said parties of the second
part, or a committee selected bv said second
parties, the ability of said party of the first
part to successfully produce rain fall by
said process, in sufficient quantities for
practical purposes at a time to be here
after mutually agreed upon by and be-
tween the parties hereto, the date thereof
to be ut some time between the LIST day of
April and the Goth day of July A. D. 1892:
and it is mutually agreed by and between
all of the parties, hereto, that in case the
said practical test by said party of the first
part does not result in rain fall within five
(5) days from the commencement thereof,
SHSSII 10 " lCdSoI VI COOI "CaUHer or
high winds upon some or all of said DAYS,
while said test is being made, in which
case after the aforesaid unfavorable con-
ditions have passed away the said party of
the first part shall be permitted to COM
mence said test anew subject to the same
conditions as before, and in case said test
or tests snail not result i'll rain fall then
and IN that case this agreement shall be
null and void. And it is further agreed by
and between the parties hereto that in case
said tests as above specified shall result in
ram fall then and i'll that case tho said
parties of the second part shall either buy
the SAID secret process for producing rain
fall by artificial means and the perpetual
right to use the same within the territory
herein before described together with the
necessary apparatus to operate the same.
for and within each of said counties. all of
which shall be delivered to said second
parties in the manner herein before stated,
upon the payment to said party of the
tlrst part by the said parties of the second
part of the sum of fifteen thousand (15OOO)
dollars as aforesaid, or in lien thereof, in
case said second parties then decline to
purchase said process then the said parties
OF the second part shall pay to said party
OF the first part the sum of five hundred
N''"J oiihi LII ttCu SUCCESSFUL IeSJ re-
sulting in rain fall as aforesaid and the
further sum of one hundred (1OO) dollars
for the expenses Of representatives of the
party of the first part in going to the
point of operation, making said test or
tests, and returning thereirom.
And the said party of the first part
agrees hat in case of the death or disa-
bility of the person or persons to whom
said process for producing artificial rain
as aforesaid is impaired in compliance
with this agreement, then the said party
of the first part will at the request of the
SAID parties of the second part. fully in
struct or cause to be instructed in said
process for producing artificial rain some
other person or persons designated by said
second party in lieu thereof. And the said
parties of the second part hereby agrees
that in case they shall purchase, the said
secret process and the perpetual right to
use the same within the territory herein
designated, together with the necessary
apparatus with which to operate the same
they will at the time of said purchase execute
and deliver to said party of the first part,
a good and sufficient bono in such sum as
may be hereafter agreed upon; to be ap-
proved by said party of the first part, con-
ditioned that said person or persons and
all of them who shall be designated at any
time by said second party and instructed
by the first party in the said process for
producing artificial rain, will at no time
operate said process. except within the
limits of the said territory herein before
designated, and that said person or per-
sons will not, at at any time or place, i'm
part or in any way allow said secret pro-
cess to be impaired to any other person or
persons whomsoever.
In witness whereof we have hereunto set
our hands and seal of said company, the
DAY and year first above written.
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