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it were signed and executed by each of the signatory first parties
<br />hereto, and said disclaimer shall entitle the signatory second parties
<br />hereto, who are not in default under this contract, to a dismissal of
<br />said pending suit as to themselves. Said dismissal shall be with
<br />prejudice to any further proceedings, suits or actions in any Court,
<br />state or Federal, by the signatory first parties hereto, or either of
<br />them, against any of the signatory aeeond parties hereto, who shall
<br />not be or become in default in the matter of paying the obligations
<br />above referred to, evidencing the deferred payments of said cash con-
<br />sideration herein covenanted to be paid by the signatory second par-
<br />ties hereto, to the signatory first parties hereto, and such dismissal
<br />shall operate as a bar, and this contract may be plead as a bar to any
<br />such further suits, proceedings or actions by any of the signatory
<br />second parties hereto, who shall hot become or be in default in the pay-
<br />ment of said obligations, but in case second parties or any of them
<br />shall make default in the payment of their said obligation, such dis-
<br />missal shall as to such signatory second parties, operate as a dismis-
<br />sal without prejudice, and such defaulting parties shall not, after
<br />they shall have so become in default, and shall have been so in default
<br />for a period of sixty days, be entitled to or allowed any of the bene-
<br />fits of this contract, and the relief sought in said pending suit may
<br />by said complainant be again sought against said delinquents, in any
<br />Court having jurisdiction, as hereinbefore in subdivision (a) of para-
<br />graph III, and in paragraph IV hereof, provided, Any decree entered
<br />In such suit shall, however, be, as in said preceding paragraphs set
<br />forth, so conditioned and so executed and administered, as not to in-
<br />juriously affect or interfere with the decreed priorities of the sig-
<br />natory second parties hereto who shall not be or become so in default.
<br />In case any suit shall be brought on account of such default against
<br />any signatory second party.hereto who is a defendant in said pending
<br />suit, either party to such suit so brought shall be permitted, at its
<br />or their option, to use any or all of the testimony which has been ad-
<br />duced in said pending suit, so far as the same tends to prove the is-
<br />uses in said suit so brought and in case any defendant in such suit
<br />so brought shall plead laches, limitations or any kindred defense such
<br />defense shall be plead as of the date of the bringing of said pending
<br />suit, to the end that the time which has elapsed since the bringing of
<br />said pending suit shall not be taken advantage of in such proceedingiâ–º
<br />It shall be optional with said complainant to either institute such a
<br />suit against a defaulting party as is herein contemplated, or to pursue
<br />its remedies on the obligations to be given as aforesaid, but one remedy
<br />shall preclude the other, In case only a part of the second parties
<br />hereto shall become signatory parties hereto, said stipulation for dis-
<br />missal of said pending suit shall,provide for such dismissal only as to
<br />signatory second parties hereto and as to such other defendants as are
<br />not named herein as second parties, hereto, and the provisions in this
<br />paragraph contained as to proceeding further against defaulting signa-
<br />tory second parties hereto, shall apply and shall be in full force and
<br />effect in case of default on the part of any signatory second party
<br />hereto.
<br />*- 19 W.
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