Imperial Valley press., 1920-06-23

conditions for the removal Of all of
said distractions from said river; and
that a recovery, or recoveries, on said
bond shall not be bar to any action,
or actions, by the association, or its
constituent members, or any OF them,
in the event that they, or either OF
them, should be damaged because of
the districts breach of any of the
terms or covenants of this agreement,
1T being understood and agreed that
the district undertakes, promises and
agrees to pay all the damage that may
result because of its breach of any,
or all, of the terms, conditions and
covenants of. this agreement, notwlth-
standing the execution and delivery of
any bond, or bonds, or any recovery
thereon. And in the event of damage
accruing, and said bond becoming cx-
hausted in whole or in part, during
the life Of this agreement, the district
agrees to furnish additional security
and assurance so that there will al
ways be. during the life of this agree
ment security against damage to The
Association in the sum of $500. 100000.
IL. In consideration of the forego-
ing premises the District hereby
agrees to hold The. Association harm
less in the event it may be required or
compelled to pay the rent payable on
April 1, 1921, and April 1, 1922, re-
served in that certain lease for the
term of three years entered into under
date of April 5th, 1920, between
Agnes C. Heineman and husband and
the Association for certain lands lying
west of the United States Reclaim :
tion Service Levee in section SO, T. 16
S. r. q, E. S. B.. M, in Yuma county.
Arizona, and the District further
agrees to paw. to The Association on
the execution and delivery of this in
strument the sum of 100000 said
sum being rent for the last described
tract of land heretofore, on April l,
1920 paid to said Heineman, and The
District further agreed to hold the
Association free and harmless from
all costs, expense. liability and dam
age accruing or resulting to the AS
sociation because of any lease, license
or permit given or granted, expressly
or i'm pliedly, by this instrument, or by
assignment of, or subletting under,
| said lease or otherwise by The Asso-
lriation to the District for the erection
or maintenance Of said temporary dam
! or weir. or for the erection OF main
/! tenance. Of any structure, or structures
on said land tor the erection or main
! tenance of said dam or Weir,
13. The District further agrees, as
condition Subsequent to promptly
and with diligence and in good faith
take such necessary steps as shall be
required"under the laws Of the State
of. California to procure, on or before
January 1, 1921, funds sufficient fol
the, procuring and construction of an
other heading, and diversion. structures
with, a sufficient aQueduct, on the
| Colorado river. at Lagun Dam, in &C
cordance with the terms Of the con-
tract between the District and the
/ Secretary Of the Interior dated Oc-
toher 20, 1918. In the event of The
District failing to- comply with the
terms of this condition subsequent
The Association NAV, at its option, de-
clare this agreement null and void, and
revoke all license. and permits granted
Fhereunder. And in the event of the
prccurihg said funds the said District
further covenants and agrees within
! three months after the procuring OF
said funds to begin in4 good faitf
.lstrkes, iniunctions, and acts Of Goo
excepted) the @. CONSTRUCTION Of the
necessary, works for. the procuring OF
| said other heading and diversCn point
for taking its irrigation water from
the Colorado ifver, as set forth in this
paragraph and to diligently prosecute
such construction to completion; other.
wise. to pay to- The Association as {
penahy~the SUM of Five Hundred Dol
lars ($500) pet day for, each day thai
there shall be default by. the District
in complying with, the terms and con
provided. however that rothing in this
paragraph contained shall be deemed
taken OF held as being obligatory. upor
the Associations to accept said penalty
but that upon such default the Asso
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