Semi-weekly herald. [volume] (Durango, Colo.) 1907-1917, 1910-07-14


The bonds sold delivered under this
contract shall be sold md delivered IN
such order OF their maturity as may be
designated by the Company.
In the event that the Engineer OF me
Company and the Engineer of the DIS
trlct shall be unable to agree upon me
intent, meaning and construction OF said
plans and specifications or any part
thereof, or upon the character or tine
work performed or to be performed mere
under. or materials furnished or used. or
the completion OF any part OF the WORKS
and construction embraced In this con
tract under the terms hereof, or ~ case
the Board of Directors Of the District
shall reject any estinatc OF such WoiN
or materials. and slch rejection Is IN
satisfactory to the Companys Engineer
the matter In dispute shall be forthwith
submitted to n Board of Arbitration
which Board shah consist Of .ilree per
sons one to be appointed by th, Engineer
OF the Company, one 10 be appsdnted ny
the Board of Directors OF the District
and the third TO be appointed by the two
50 chosen. and the findings OF the major :
ity of said Board shall be binding ana
conclusive upon the parties hereto. Ihe
expenses incurred by the said Arbitration
Board and proceedings before 1t, SHAH
abide the result OF the Arbitration. ana
he borne by the party against whom the
finding is rendered or In the event Of q
finding by the Board of Arbitration whlch
shall be compromise between the claims
of the parties hereto. such expenses shhi
be borne may be directed by the board
of Arbitration. or the majority thereof.
1t is expressly agreed that the Company
shall pny the first years interest on all
bonds that may be sold or delivered ny
the Trustee prior to August /. 1911. and
the coupons numbered one and two on all
bonds sold or delivered by the trustee
under the terms of this contract IRON
and after August !. 1871, shall he detached
and cancelled by the Trustee before sale
or delivery, and said cancelled coupons
returned to the District. All OF such
bonds sold from and after August l, 1911.
by the Trustee shall be sold for not less
than ninety-five per cent OF the par value
thereof and accrued interest from June LIST
to August LIST on the unclipped cou-
pom.
The Company shall commence the con-
structiou work provided for In this con.
decree of confirmation OF the bond issue
and of the organization OF said District.
and shall complete the enlargement of
the main cnnnl to carry at least l50 cubic
feet of water per second of time to the
division gates. and shall complete the
East lateral and the West COR RIDGE lat
eral according to the plans and specifca-
tons on or before May !. 1911, or In de-
fault thereof the Company shall forfeit
to the District The sum of Twenty Five
Dollars $500 per day for each and every
day after the said first day of May. 1911.
until the fifteenth day OF May, 1911. and
the sum of FIFTY Dollars ts500o per day
for each and every day thereafter that
said portion of work shall remain uncon
pieted as aforesaid.
The Pennington Reservoir and the en-
tire system shall be completed and turn
ed over In working order not later than
June 30. 1912: provided that after said pro-
ceedings for the organization of said
cation of said contract and the proceed
ngs Of said bond election have all been
examined and approved by the Attor-
neys of the Company. at the election
Of tho Company II may commence and
proceed with the said work without
awaiting the confirmation decree herein
provided for. but such election TO so pro-
coed with said work shall not relieve the
District from its agreement to proceed
with such confirmation proceedings. as
herellbefore provided
II IL further understood and agreed
that IL said irrigation works shall rot
be fully completed and ready to he turned
over to the District on or before said Goth
day of June. 1872, The Company shall
forfeit to the District the sum of Twenty
Five Dollars $500 per day for each and
every day thereafter until said work Is
fully completed. as liquidated damages
for such delay, the same to be retained
and paid out of the balance due the COM
pany from the District, the $500 per day
and the 5000 per day herein agreed upon
as liqnidated damages for delay in the
completion of the work, shall be IN full for
the Company shall not be liable for any
other or further damage by reason OF such
delay provided however, That in the even.
eommencement. prosecution or completion
the act sf'I default o Of any o nssf
work or by casualty for which the Com
STRIKE OF einployes ,engasai upon the
ivr1I, % 4Is - lisiEIsl'l Wv. may
n ~ tne snnuitf o. tils cont u Or
Wy p,ius OF iiie pistriCt ",lSh are 90 re
palu n.reulusr OF oy the delay OF more
tll'i1 ninety Jay III o9ea,nins ii,al decree
OF court IN the said confirmation pro
e Gee 6nen the time herein fixed for
ne i, cosnpletion OF said work. or any part
,iiureoi, shan pc extended TO period
',,, Va IL " we ,nie los. ny reason OF
MY ~ Wv esiuSes hioreshiu,
~ " eNPresS'y understood ana nstcei
III, .ia's rs uo..iast ipr 'ne SAFE ana
~, ~, 81 piopsi.S ny me e"inl'uly 10
~ c.,,,sihr ".' rs no, 70 pc .oi,i'rue5
ii'., n w, ~, y, u,'htrac' 'ol work ANA
~ , ~ NJ uons ~. uc.iYn WORK.
nn,, - ~ .f..7 w ',,rhn-pr,l me 'oih-
1880 1880 ~ us corporate name ny ils
hereto afftxed and aItestnd nv its sac.
rotary, and lie Dist rIct has cauaed ti,oso
presents 70 he signed hw rs eo,.,,e omoa >.
name by its Presi,ian. ana lis corporate
seal TO he hereto nffjxed and ,ttastai ~,
its Secrctnrv IN iunlicotc No a., az
year first LereIuahnva writtn, 10y "'''
THE III ORIDA MESA ipRIcATtoN
DISTRIt,,r
BY JOHN J. PAIoTERSON prasiaa,i
Attest:
w p REEplR Secretnrv fsEArA
THE PIONEER T,DNSrp ITS.rioM t,oM
By j. IAUROY 81 JfSII,p praeida,t
Attest:
|CARI q. ANDERSON Saoratary fer,r,
'
ANN y,y,,pn,,.
, .on si1arn,i,', ~, saia CONTRAST Involves