Arizona republican., 1910-06-17

River project in the manner above mentioned. are willing, in order to secure benefits so advantageous to the project to make these proposed changes and additions to the work at present in course of construction at their own cost and expense; Now, therefore, in consideration of the premises and the conditions, stip- ulations and agreements hereinafter contained, the parties hereto do mu- tually covenant and agree as follows to-wit:
 l. The association undertakes and agrees as follows:
 A. To construct a cross-cut canal from a point on the Grand canal on the east line of Section 29, Twp. N. Range East, G. & & R. B. & NJ. to nal, in the southeast corner of Section 3, Twp. l North, Range East, C. X & R. B & NJ
 B. To build a cross-cut canal and pipe line from the Arizona canal in Section 27, Twp. N. Range East G. & s. R. B. & NJ, south to an ex- tension of the Grand canal herein after provided.
 C. To enlarge and extend the said Grand canal in an easterly direction from the northwest corner of Section 27. Twp. North, Range East. C. & s. R. B. & NJ, to the new Arizona cross-cut canal last above mentioned D. To erect a hydro electric power plant sufficient to generate six thou sand (6,O00) horse power, more or less. at the junction of the new Ari- zona cross-cut and extension of the Grand canal.
 E. To erect a hydro electric power plant at the junction of the South canal and Consolidated canal, on the south side of Salt river, with the | necessary connecting canal, Sufficient to generate three thousand (3OOO) horse power, more or less; also erect a power transmission line connecting the said power plant on the South | canal with the present switching sta ton in the SWh of Section 13, Twp l North. Range East, c. & S. R. B. & NJ
 F. To furnish and install in the present buildings at the Arizona Falls Con the Arizona canaD hydro electric machinery and equipment sufficient
 
 power. more or less.
 The construction, enlargement or extension of the canals above de- scribed shall include the building of all gates. turn outs, checks. fumes. conduits. connections and other struc- lures necessary for the proper car riage and handling of water for irri- gation or power purposes: and the erection of the power plants shall in- clude whatever buildings, motors, water wheels transformers and such other electrical apparatus and equip ment as may be necessary to develop ready for distribution the amount of power above specified for each plant.
 ?. Il is understood and agreed that all of the above shall be done and materials furnished therefor by the association at its own cost and ex- pense in accordance with plans and specifications which shall be prepared and furnished by the United States. but at total cost not exceeding nine hundred thousand ($90O, ,O0O.0O) dol lars. In addition. the United States shall furnish such rights of way as may be required for said work and the services of competent engineers. who shall supervise and direct the construction thereof
 3. It is further understood and agreed between the contracting par ties hereto that each unit of said work. as described in said plans and specifications. as soon as it is fin ished to the satisfaction of the en- gineer of the reclamation service in charge. shall be delivered free of lien and incumbrance to the United States and by it accepted, and there upon become the property of the United States and a part of the Salt River project.
 4. It is understood and agreed that the work undertaken by the associa- ton hereunder will be prosecuted in good faith and with due diligence, so that it shall be completed within a period of two years from the execu- tion Of this agreement, subject to delays resulting from unforeseen causes or conditions beyond the control of the association. Upon the expiration of said period or such extension there of as may be considered advisable. and be allowed by the secretary of the interior, and not before (provided such work be prosecuted with dili- gence and in good faith as above stipulated), it is understood and agreed that the Salt River project will be formally opened in conform ity with the provisions of the act of congress approved June IT, 1902 (3: Stat, 3SS) or acts amendatory thereto
 It is further expressly understood and agreed that in the execution of this agreement the United States does not incur or assume any responsibiI- ity for the payment of any claim or demand for any labor GHne or mate rials purchased in the prosecution of said work. and the association does hereby agree to keep harmless and indemnify the United States, its o. ficers and agents from all damage, cost or expense, that may arise or be set up on account of any such claim or demand or for the infringement of patent rights of anyone for use by the United States, its officers or agents of articles which are trans ferred to the United States in ac- cordance with the provisions of this contract
 No member of or delegate to con gress or resident commissioner, after his election or appointment. and eitber hafnre of ha h..