Imperial Valley press., 1920-06-23

citation may revoke all PERMISSION,
license and leave granted by this con-
tract as a whole; but in no event snail
anything in this paragraph contained
be deemed, taken or held to be any
waiver Of the right of the Association,
or any of it's constituent members or
shareholders, to sue for and recover
any damage accruing to it, or them.
or either Of them. because OF the
breach Of any of the terms OF this
contract; and nothing in this para
graph contained shall be deemed, taken
or held to relieve the District from
liability because of the breach of the
covenants of this contract; provided,
further, however, that nothing herein
contained shall be deemed, taken or
held by any court, tribunal, board.
bureau, person or corporation, whether
a party to this contract or not, as a
waiver by the Association of it's right
to sue for and recover, either at law
or in oouitv or by other means, the
sum of $1,600,00000 agreed to be paid
by the District to the United States
for the use of said Laguna Dam, in ac-
cofdance with the terms Of contract
between the said District and the Sec.
retary of the Interior under date of
disclaims anv right to recover said
sum from said District.
ID. 1t is agreed that during the
erection and maintenance of said dam.
or weir, the Association may employ
and retail an inspector or inspectors
on said work, to ascertain and deter
mine if such erection and mainten-
ance is being operated and maintained
4 in accordance with the terms of this
agreement and said District agrees to
reimburse the Association for such
reasonable compensation as may be
paid ~by it to such inspectors, not to
exceed $24.00 per diem. And the said
Project Manager, or his successors in
office, in person or by subordinates
may at any time during the life of
! this agreement enter upon said works
or any portion thereof, for the pur-
pose Of ascertaining if the same, or
any portion thereof. are being con-
structed and maintained in accord
ance with the terms and conditions
of this agreement, and in the event of
their being constructed or maintained
in violation of said terms. or condi-
lions, to assume control and direction
of such works and their construction
and maintenance and to operate the
same, in whole or in part, as by this
agreement prescribed; provided al
ways. that such control. direction or
operation shall not result In denying
! to the District a sufficient supply of
irrigation water for tn needs of said
Imperial Valley Irrigation Project.
except in the emergency contemplated
and provided for in Paragraph 6 here
of. ..~ ..,s
15 1t is understood and agreed that
owing to the fact that the District is
municipal corporation of the State Of
California it may be necessary or ap-
propriate. in the event of the breach
of any Of the terms on covenants Of
this agreement, for the Association to
sue hereunder, or under said reim-
bursement bond in the State of Cali
forna, and that such proceedings, if
had, will result in additions! cost and
expense, to the Association; Where
fore, the District in consideration
thereof and said premises, hereby
promises and agrees to pay to the
:. Association, in the. event of action
being brought hereunder, or under
said reimbursement bond, in the State
of California, the sum of One
! 0OuSaIlI 1JOllGTSf N9IOOO.OO) " lelill-
burse the Association for the addi-
tional sum for attorneys fees as may
be deemed reasonable by the Court
trying such action.
In Witness Whereof the said cor
I pcrations have, by order of their re-
spective governing bodies, caused
these presents to be executed ri their
respective corporate names, by thei.'
presidnts and secretaries, and attested
by their seals, the day and year first
above written, in duplicate.
IMPERIAL IRRIGATION DISTRICT
YUMA COUNTY, WATER USERS
ASSOCIATION