The Evening statesman. [volume] (Walla Walla, Wash.) 1903-1910, 1910-01-28

receiving, taking, conducting, handl-
ing, distributing or otherwise dispos-
surface water or by the failure OF
said party of the first part to take,
accept, receive or dispose of all or
said sewage, sewage matter and sur
face water fully and completely as
rapidly as the same may be delivered
to it, when unObstructed, by reason
of the failure, neglect or carelessness
of said party of the first part, it's Of
ficers, servants, employees or agents,
successors or assigns in the perform
ance of every or any act or thing, re-
quisite or necessary to be done or per-
formed by said party of the first part
in the full complete and prompt per-
Torrance of the covenants and agree
ments of this contract during the full
term thereof This contract shall not
be construed so as to make the said
party of the first part in any manner
responsible or liable for any sewage,
sewage matter, surface water or for
any injury, damage or nuisance Gre
ated thereby or arising therefrOm
prior to the arrival of said sewage,
sewage matter or surface water at
said points of delivery nor for any
injury, damage or nuisance created
thereby or arising therefrom by rea-
son of the inefficiency, lack of repair
or failure of the said party of the
second part to keep in repair any
sewer, cutoff or shut-off or other APP
pliance which shall be a part of the
sewer. system or systems of the said
party of the second part, unless such
cost, expense, injury, damage or nuis-
ance be caused or result directly or
indirectly from the failure or neglect
~ ov.tx nr.f 20
accept, receive. take, convey or carry
away the said sewage, sewage mat
ter or surface water as rapidly as the
same may be delivered to it at said
points OF discharge when unobStruct-
ed. And the recovery of judgment
or judgments against the said party
Of the second part, or any cause of
action herein contemplated, when the
said party of the first part, it's sue
cessors or assigns, has been duly no.
titled or the tendency of said action
or actions and given an opportunity
to appear and defend the same, shall
be conclusive evidence of the liability
of the said party of the first part, it's
successors or assigns to the said party
Of the second part under this agree
ment.
f. And the said party of the first
part for the considerations hereinaf-
ter contained on the part of the said
party of the second part, does by these
presents grant and convey unto the
said party of the second part, it's sue
cessors and assigns forever all those
lands situated in the County of Walla
Walla, State of Washington, tO-wit
Lots SO, 40, Al, AZ and so of Gardena
ContOured Tracts. together with all
water rights attached thereto and suf-
ficient water to properly irrigate the
same. This conveyance, nevertheless,
is intended only as security to insure
and secure the due performance of the
covenants and agreements hereinbe-
fore contained, to be performed by
the said party of the first part, its
successors and assigns, and for the
payment of all costs, expenses and
damages for which the said party of
the first part shall be liable under the
terms Of this agreement, to the extent
of the sum of Twenty Thousand
Dollars ($25 10000; but the lier here
by created shall not be exhausted
upon the first foreclosure and recOv-
cry hereunder unless the recovery
exceed or equal said sum and may be
resorted to from time to time until
the aggregate of the recOveries here
under shall equal said sum; but shall
not be a lien for or reSOrted to for the
recovery of any greater amount than
said sum, said lien to run with said
land and to cover any liability ac-
cruing during said term of ninety
nine years, unless terminated by the
recovery of said sum of twenty-five
Thousand Dollars as aforesaid; but
the lien hereby created and the limit
herein mentioned shall not be con-
Strued taken or held to be a limit
upon the general liability of the said
party of the first part under this con-
tract.
The party of the second part in con-
sideratiOn of the covenants, promises,
conveyance and agreements of the
party of the first part, herein men
toned, hereby covenants, promises
and agrees to and with the said party
of the first part, upon the completion
of the pipe line, conduits or aqueducts
from the points of discharge and deliv-
cry hereinbefore described, to the ir-
rlgation canal of said party of the
first part, and the filing with the city
clerk of a release by the Blalock
Fruit Company, corporation, of it's
right to receive, take, use and dispose
of said sewage and of all rights under
and by virtue of that certain contract
entered into by and between the City
of Walla Walla and the Blalock Fruit
Company on the ...... day of ..
........'......, to deliver to said par
ty of the first part at the points in
such sewer system hereinbefore men,
toned and described, for the said
term of ninety-nine years from and
after the execution of this agreement,
as aforesaid, without cost to the said
party of the first part, all sewage,
sewage matter and surface water
which shall run and flow through it's
said sewage pipes and system of sew
ers, built, constructed and maintained
or which may hereafter be built, con-
structed and maintained by said party
Of the second part in said City of
Walla Walla and any and all future
additions annexed thereto, except as
hereinbefore excepted and provided by
this agreement; the said party of the
second part to keep and maintain in
good condition and repair, except