The Idaho Republican. [volume] (Blackfoot, Idaho) 1904-1932, 1920-01-27


agrees that the lien or mortgage here
NY given to the United States upon the
contractors ditch or canal property,
shall be subordinate and secondary to
the lien of any mortgage or deed of
trust which may be given by the Con-
tractor to secure the payment of mon
ey borrowed by the Contractor and
paid to the United States under the
Terms of this contract and the Con-
tractor is authorized to give a lien
prior and superior to the lien of the
United States to secure the payment
of the money SO borrowed by the Con-
tractor and actually paid to the Unit
ed States to fulfill the Contractors
obligations under this contract
"a. Should the Contractor fail to pay
the second installment of..-.-.................
dollars
within ninety 600 days after receiving
notice Of the approval Of this contract
by the Secretary Of the Interior, the
Secretary of the Interior shall have
the right to cancel this contract and
terminate the Contractors rights
hereunder, and after. such termina-
ton, the Contractor shall have no
right Of any sort in said American
Falls Reservoir, nor any of the wa
ters thereof.
~. Should the Contractor fail to pay
any subsequent installment, or install
ments. as the same come due under
the terms of this agreement, the Sec
rotary of the Interior may, at his op-
ton, cancel the contract, and termi-
nate all rights hereunder, and it is
agreed that the amount of damage
which would result from any such de-
fault Of the Contractor in making such
payments, and the consequent delay
in the completion and use of the res
ervoir, and the possible difficulties
of securing funds for the completion
thereof in case of such default or fail
ure of the Contractor, and the loss and
extra cost per acre-foOt which might
result should it be necessary to change
the plan and size Of the reservoir
after the work is begun being uncer-
tain, the parties hereby estimate and
agree that in case OF such default or
failure of the Contractor and the cam
collation. or termination of this con-
tract on that account, the damage to
the United States on account of such
failure or default Of the Contractor
will be the sum of two and ten-hun-
dredths ($2.10) dollars per acre-foot
of the storage capacity proposed To De
furnished for the Contractor in said
reservoir, i. e., the sum of..a.
--------------------.-.----... dollars,
and the parties hereby agree that in
case of the failure of the Contractor
to pay any such subsequent Install
ment as agreed, the liquidated dam
ages shall be the said first and Sec
ond installments .....--...-...-..
dollars
%. Or in case of such failure of the
Contractor to pay any such install
ment, the Secretary Of the Interior in
stead of canceling or terminating the
contract, may at his option continue
the contract and enforce the payment
herein agreed to be made by suit
against the Contractor, or it's bonds
men, or both, or by foreclosure of the |
lien herein provided.
"a. Should any of the parties who |
agree to cooperate in the construc-
ton and use of the said proposed res
ervoir at American Falls fail CATER |
signing contract similar to this con-
tract and making the first and second |
payments thereon), to make the first
and second payments thereon), to
make the subsequent payments neces-
;ary to meet it's share of the cost and
expense of the said reservoir, and its
contract be cancelled on that account,
Ind should such default result in in
ARRIVING on the said work, and should
10 new party or parties be found ready
nd willing to take over the interest
4 such defaulting party, and make the
ayments necessary to complete pay !
nent OF such defaulting party's share |
I the reservoir, then it lis agreed that I
ne Contractor, together with all the /
ther parties remaining in the said en- s
erprlse, will take over at the cost !
hereof, less the amount agreed on as Z
quidated damages, and pro rata t
mong themselves in proportion to !,
heir respective interests in the said Il
eservoir, the storage capacity intend s
q for such defaulting party, and in lc
lie same ratio will complete the pay e
tents that should have been made by t
ich defaulting party, but any such III
itra capacity or rights in such reser- "
Dir so secured by the Contractor on a
count of the failure or default of il
me other party may be sold by the c
ontractor whenever a purchaser can W
found for the same. a
20. Each year after the said Ameri- o
N Falls reservoir has been complet- II
!, or Is near enough to completion al
allow OF the storage of water there W
the United States will furnish the L
'ntractor in said reservoir (for auto fc
attic exchange as provided in para o.
aph 81 hereof), the Contractors y,
oportionate share of the water actu- OF
ly available from the said American nj
Ills Reservoir, that is, an amount of Ell
liter equal to the proportionate part is
the stored water actually avafla BILE tie
ON American Falls Reservoir. that &C
reflect is of the total capacity there If
as estimated by the Secretary of the til
terror in the statement provided for al
paragraph 16 hereof, together al
tn an amount equal to the Contrac- M
rs proportionate share of the water L;
allable from any capacity Gf any WI
Ken over from a defaulting party as st
divided In paragraph "a hereof, if r
Id for by the Contractor and not as &C
ned, and will deliver said American SO
lis stored water to parties below pr
nerican Falls in exchange for Jack Sit
Lake water to which such parties Of
uld otherwise be entitled, and will ia
liver for the Contractor in exchange tn
said American Falls stored water fu
equal number Of acre-feet Of water CHI
IN Jackson Lake subject to the pro- re-
ions of paragraphs 81 and 38 here alb
provided the Contractor order and ce
Y for the same in the manner herein an
reed, or If the same is not ordered ris
by the Contractor, will hold the otl
ne over in Jackson Lake Reservoir err,
provided in paragraph 81 hereof.
rs. The water to be delivered to the Re
ntractor under the provisions Of this Gle
ltract snail be turned out Of the thu
,kson Lake Reservoir as ordered ste
n Va Ar,nx xA L..