Eagle River review. [volume] (Eagle River, Wis.) 1890-1927, 1909-02-05

| to said second parties under the terms
of this agreement shall Immediately
become void and of no effect, without
notice from or action on the part OF
said Town of Eagle River. Provided,
that any delay or interruption in the
operation Of said plant caused
by fires, accidents, strikes, injunc-
lions, or other causes beyond the con-
troll Of said second parties, shall not
be computed as any part of said nine
ty day period
sit is further covenanted anG agreed
by and between the parties hereto that
the said second parties, S. S. Van Nos
trand aud John J. Klein, shall have
the option, at any time within three
wears from the date hereof, to use,
during said period Of fifteen years, and
under the same terms as the sixty
horse power hereinbefore mentioned,
additional electrical power to be pro
dueed at said Ottor Rapids dam to the
amount of one hundred and ninety
horse power, upon the express condl-
ton that said second parties, before
becoming entitled to said additional
power, shall install and equip one OF
the wheel pits and the power house at
said dam with all necessary machln-
ery and appliances, sufficient to devel-
op and transmit to said village OF
Eagle River, power equal in amount
to that generated and transmitted by
said town at the date of this agreement,
and shall so transmit said power. All
expense of developing and transmit
ting said additional power shall be
borne by said second parties, and all
machinery and appliances 50 Installed
by said second parties shall, from the
time of the installation OF the same,
be owned by and be the property OF
said Town of Eagle River
sit is further mutually covenanted
and agreed that the above and forego-
ing agreement is made upon the ex-
press condition that at the end of the
said three year period herein re-
ferred to, any portion OF the sixty
horse power herein mentioned,
which is not required for and
which is not actually used in the
operation of said plant by said
second parties shall revert to the
Town of Eagle River, free and clear
from any and all claims and rights on
the part of said second parties; and
that at the expiration of five years
from the date of this agreement, the
amount of power then actually required
for and actually used in the operation
of said plant by said second parties, shall
be the total amount of power the said
second parties shall have the right to
the use of under the terms OF this
agreement and that any and all power
which may be generated and trans
mitted under the terms of this agree
ment. and which is not herein other
wise disposed of. shall be owned by
and be the property of the Town of
Eagle River
cit is further covenanted and agreed
by and between the parties hereto
that said Town of Eagle River shall
not be liable for any damage or injury
to said parties Of the second part due
to accidents from any cause whatever,
to the dam, generators, transmission
lines, or other appliances belonging to
said town or under it's control. And 1t
is expressly agreed that said second
parties shall hold and save harmless
said town from any and all injury or
damage due to accidents or negligence
on the part of said second party.
GAIL agreements and covenants here
in contained shall be mutually binding
upon the parties hereto, their success
sors, heirs, executors, administrators
and assigns.
The said S. S. Van Nostrand and
John J. Klein submit and agree 10 en-
ter into said contract with the said Town
of Eagle River whenever said town
is authorized SO to do as aforesaid
upon the following express conditions
That the said Town of Eagle River
shall authorize and direct the Towr
Board Of Supervisors of said town, at
special town meeting and election
duly called and conducted in the man
ner provided by law, to execute sait
contract on the part of said town.
Signed, sealed and submitted, AM
dated at Eagle River, Wisconsin, thi
first day of February, 1909.
S. S. VAN NOsTRAND, (sealD
JOHN j. KLEIN (seal)
WHEREFORE, BE IT RESOLv
ED by the Town Board of Supervisor
of the Town of Eagle River, Villa
County, Wisconsin, that the said tow
does harahv determine and declar