Imperial press and farmer., 1902-02-22

part hereto entered into an agreement whereby party of the first part agreed to deliver to party of the second part certain amount of water, not exceeding four hun dred thousand (40O.000) acre-feet annually and whereby party of the second part agreed to allow party of the first part to sell the capital stock of party of the second part copy of which agreement is hereto annexed marked Exhibit A and made part hereof;
 AND, WHEREAS, upon the 2Sth day of December, 1900, party of the third part hereto, entered into certain agreement with party of the first part hereto whereby party of the third part agreed to deliver to party of the first part a sufficient amount of certain waters appropriated, owned and diverted or to be in the future appropriated or diverted by the party of the third part from the Colorado River to enable party of the first part to furnish water for the irrigation of certain lands situated in Lower California, Republic of Mexico and In the State of California United States of Amer ica which are irrgable by gravity from certain system of canals to be constructed by party of the third part and whereby party of the first part conveyed to party of the third part it's (party of the first parts) right to sell the entire capital stock of party of the second part hereto, a copy of which said contract is hereunto annexed, marked Exhibit B" and made part hereof;
 U, part has sold a large amount of the capital stock of party of the second part, and whereas party of the third part has con- structed a portion of the irrigation system contemplated in said contract Exhibit B and is now engaged in the further con structon thereof;
 AND, WHEREAS, the waters conveyed to party of the first part under said contract Exhibit B' are the waters to be used by party of the first part in supplying party of the second part with water under this agreement;
 AND, WHEREAS, an assessment of S1.OO per share was levied by second party upon the 9th day of June 1901;
 NOW, THEREFORE, This Agreement Witnesseth:
 It is agreed between parties of the first and second part hereto that said agreement of April 9th, 1900, Exhibit A hereto, be and the same is hereby rescnded and set aside; Provided, however that the recission of such agreement shall not in any way affect any act which may have been done by either of the parties thereto.
 First party hereby agrees upon demand of second party, to perpetually deliver to second party any amount of water not exceeding four (4) acre-feet of water per arnum for each outstanding share of stock of second party; Provided, however, that the aggregate amount of water which first party is hereby obligated to deliver to sec ond party shall not exceed four hundred thousand (4O0,0O0) acre-feet of water per aInum
 First party further agrees to deliver said water to second party at the point upon the international boundary line between the United States of America and the Republic of Mexico where the main canal constructed by first party crosses said line, being a point distant about IA miles easterly from monument No. 220 of said international line: and it is hereby mutually agreed that first party shall have no interest in or con- trol over said water after the delivery thereof at said international boundary lne
 Second party hereby agrees that third party shall retain all moneys or other property which may have been, or may be received by it, third party, from the sale of the capital stock of second party hereto
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