Contrast Between the US Irrigating Company, et al. and the Graham Ditch Company, et al.

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payment by the second parties of the sum of money hereinafter particu- larly specified, to the said The United States Irrigating Company, for the use of the first parties, the signatory parties hereto and each of them mutually agree, each with each and all of the others of said par- ` ties, as follows, to -wits I. (a) Each and every paragraph of this contract, and each and every sentence thereof, where necessary to express mutuality of contract between the parties hereto, or any of the parties hereto, shall be deemed and taken to be preceded by the words, "It is mutually agreed by and be- tween the parties hereto that." (b) Each of the parties hereto is a corporation duly organized and existing, and each of the first parties who are signatory parties hereto has caused its corporate name and seal to be hereunto affixed by its duly authorized officers, which said authorization appears of record in the minute book of said corporation, wherein is recorded the proceed- ings of its members or stockholders, and each of said corporate names is hereunto affixed under the authority of a duly called and held stock- holders' meeting of each company whose corporate name is so affixed here - to, which meeting a lawful majority of said members or stockholders voted in 'favor cif & resolution.. so appearing of record, authorizing such signature by said officers (o) This contract shall not become binding upon second parties or either of second parties, until such time as the signing and execution thereof shall :xve been authorized by the stockholders of each ind corporation designated as a party of the second p , legally called stockholders' meeting, nor until such time thereafter as said authorization shall hays been followed by the actual signing hereof by the duly authorized officers of each of said second parties. Provided, that the signature to this contract by The Holbrook Irrigation District and The Otero Irrigation District shall be under resolution of their respective Boards of Directors, and provided, further, that in case any one or more of second parties shall fail or refuse, within four months after the date of the delivery of both duplicate originals hereof, duly signed, executed and acknowledged by such of the first parties as shall become signatory parties hereto, to the Secretary of The Arkansas Valley Ditch Association, to enter into and become a party to this contract, in the manner in this paragraph set forth, then and in that event this contract shall become a valid and subsistent agreement between the sig- natory parties of the first part and such of parties of the second part as shall so enter into and become bound hereby, within said period. Provided, further, that in case any of second parties shall not so be- come signatory parties hereto, and become bound hereby, the remaining second parties who shall become signatory parties hereto shall pay and • assume the payment of the f ull a i�al]. resp th e cts co n si d er a tio n of second fied and contracted to be paid, n ties had become parties hereto* (d) 'Jherever in this contract the word "canal" or the word "ditch" is used, said words are used interchangeably, and have reference 40 10 -