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

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who are signatory parties hereto, second parties agree to pay to the said The United States Irrigating Company, for its own use, in the manner hereinafter specified, an agreed amount as hereinafter recited, to cover the expense and cost of carrying on and prosecuting the said pending suit to the date of the signing of this contract, including witness fees and mileage, all fees paid the examiner for taking and transcribing the testimony of witnesses taken therein, all traveling expenses, all Court costs, all attorneyts fees and all other expenses incident thereto, including the services of its officers, agents and representatives in making investigations preliminary to bringing said pending suit, and in prosecuting said suit during its pendency, in- cluding interest at the rate of six (6) per cent per annum on all of said expenditures, the value and worth of which services, and the ex- pense and cost of carrying on and prosecuting said pending suit to be fixed, determined and agreed upon by and between the second parties and said complainant. And second parties agree, in addition thereto, to so pay to the said The United States Irrigating Company, for the use and benefit of the signatory first arties hereto, the further sum of thirty thousand dollars (;30,000 , in case both of said first parties shall sign and become bound by this contract, but in case the said The Kearny County Farmers' Irrigation Association shall not sign and become bound by this contract, the other first party becoming a signatory party hereto, then and in that event the further amount so to be paid by second parties over and above the said expenses shall be the sum of twenty -five thousand dollars 0`25,000). Said sums so to be paid shall be paid in the manner hereinafter specified and not other- wise, to the said The United States Irrigating Company, and such pay- ments shall have the same force and effect as if they had been made to both of said first parties collectively, the said The United States Irrigating Company being hereby made the agent for both of said first parties, for the purpose of receiving said payment and disbursing the same to and among first parties, and neither the second parties nor either nor any of them shall be under any obligation to see to the payment or distribution of said sums or any part thereof. In case the said The Kearny County Farmerst Irrigation Association shall not sign or become bound by this contract, it shall nevertheless be and become a valid and subsistent agreement as between, and so far as respects the respective rights of, said remaining signatory parties hereto, the same in all respects and to the same effect as if the said The Kearny County Farmerst Irrigation Association had become a party hereto and had signed and become bound by this contract. VII, The said sum so to be paid, shall be paid in the manner following, to-wit: One- fourth thereof on the execution and delivery hereof, and the balance thereof to be divided into four equal annual installments, evidenced by the several promissory notes or other evi- dences of indebtedness of the signatory second parties hereto, aggre- gating the ar4 unts of said deferred payments, said promissory notes or other evidences of indebtedness of said signatory second parties to be delivered to said The United States Irrigating Company, each .- 17 -