The evening herald. (Klamath Falls, Or.) 1906-1942, 1920-04-27

10" X rs" Jaw rock crusher on trucks
with elevator and rotary screens,
complete; two end dump carr and
about $50 feet OF tracks for same for
the full period q four months, be-
ginning September 2, 1919, to and
including December 81, 1913.
2. II iB understood and agreed
that ~ complete compensation for
the ugc and occupation OF the equip
mont above enumerated, during the
period OF such use and occupation,
and In full consideration and pay
mcnt for the complete performance
, 4 the foregoing promises and agree
mcnts by the lessor, the lessee hereby
promises and agrees to pay for such
equipment at the rate OF One Hun
drcd Dollars Sl00) Dollars per
month. the total Jun to be paid to
the lessor at the termination OF the
period OF this lease for which the
equipment hereinbefore described
shall be used and occupied. except
that the lessee will replace any and
all haw plates, which may be badly
worn blythe use and occupation Of the
aforementioned equipment by the
lessee and further agrees to replace
any and all breakage caused by and
at the instance OF the lessee, its I'm
ployees and servants during the life
Of this lease.
3. The officers acting for and IN
behalf of the lessee, or his success
sors In office, shall have the right,
which he may at any time exercise,
10 terminate this agreement and
lease at the end OF any calendar
month OF said period upon giving the
lessor thirty 600 days written no
tIce OF his intentions SO to do.
4. II Is further understood and
agreed that at the option Of the
lessee, with the approval Of the
lessor, the equipment hereinbefore
enumerated may be left at the place
OF proposed use and occupation on
and after December 81, 1913, until
such time as notice Is given to the
lessor TO the lessee requesting its
return; Provided that when such no.
tcie Is received by the lessee, ii Is
hereby agreed that the said equip
ment will be returned and delivered
up to the place OF its present loca-
ton, at the expense Of the lessee, in
as good order and condition as II
now is. reasonable and ordinary
and tear thereof excepted.
8. The lessor expressly warrants
that II has employed no third person
to solicit or obtain this lease in its
behalf. or TO cause or procure the
same to be obtained upon compen-
sation in any way contingent, in
whole or In part upon such procure
ment; and that II has not paid, or
promised or agreed to pay, to n
third person, In consideration of such
procurement, or in compensation for
services in connection herewith, n
brokerage, commission OF percent
age; upon the amount receivable by
I hereunder: and that il has not,
in estimating the lease price de-
mandJi by IL included m ysum BIZ
reason Of any such brokerage. com
mission, or percentage; ana that all
monies payable TO u hereunder are
irCe from obligation 10 any other per-
son for services rendered, or sup
posed to have been rendered, in the
procurement Z this lease. II is fur
Their agreed that any breach of this
warrant shall constitute adequate
cause for the annull Amt OF this
lease by the United States, and that
the United States may retain to its
W use from any sums due OF to
become due Hereunder an amount
equal to any brokerage, commission
or percentage, 50 paid, or agreed to
be paid; Provided, however, il is
understood that this covenant does
not apply to the selling of goods
through a bona fide commercial rep
resentative employed by the Lessor
in h regular course of its business
in dealing with customers other than
the Government and whose compen-
sation is paid, in whole or in part, by
commissions on sales made, nor to
the selling of goods through estab-
lished O numerical or selling agents
or agencies regularly engaged in sell
ing such goods.
8. No member or Delegate to
Congress-. or Resident Commissioner,
after his election OF appointment, or
either before or after he has quail
fled n during his continuance in
office, n no officer, agent, or m
ployee OF the Government shall be
admitted to any share or part of this
lease or agreement, or to any bene-
fit to arise thereupon. Nothing,
however, herein contained shall be
construed TO extend 10 any i%ncorpor-
ated company, where such lease is
made for the general benefit of such
incorporation or company, as pro-
vided in Section 116 of the Act OF
Congress approved March 4, 1909
(35 Stat. l.. 1109).
IN WITNESS WHEREOF, The
parties have hereunto signed these
presents the day and year first above
written.
COUNTY COURT OF KLAMATH
COUNTY, OREGON,
By r. III. BUNNELL,
Judge.
By ASA FORDYCE,
Commissioner.
Lessor.