ioned, or any loss or damage resulting theref, however, by reason of such causes, or any ient to furnish an amount equal to all the company shall have the power and the right ough said canal to the holders of such water ne; and for the purpose of so doing may esleem necessary or expedient. And the second , agree-in consideration aforesaid, to waive, or damage by reason of any leakage, overflow, any of its reservoirs, lakes, or laterals, either et belonging to the part- of the second part, negligence of said company.

en it shall have sold and have outstanding qual to the estimated capacity of the comwill then transfer to the holder of each water e terms and conditions of this contract, withrtion of the number of shares of the capital number of water rights held by bears to or outstanding in the canal of the company, thout making fractions of shares, and which accept: Provided, however, That such transfer ion that the first party shall thereupon and y and all obligations or liabilities arising out t, or control of said canal, or out of any conlistribution of water therefrom, which said ders of water rights, who shall pay all exsaid condition the said second part-, in con

s, for -and heirs and assigns do

be made when the canal is in good order

gating season shall commence April 15 and

ure or default, then this contract, so far as null and void, the water may be immediate hereby created or then existing in favor of t derived from this contract shall utterly cea legal interest in the right hereby contracte first party, without any declaration of forfe to be performed, and without any right of s pensation for moneys paid or services perfor if this contract had never been made: Provi second part- heirs or assigns, sixty days' 1 said second part, heirs or assigns, bei of them, or the interest thereon, which notic istered letter addressed to said second partXIV. It is also stipulated and agreed tha ond part- under this contract, whether by lands, or by operation of law, or otherwise as to require it to carry for or deliver to s herein contracted to be carried and delive thereto in writing; and provided, that no to the first party herein until the same is en to in writing upon these presents by the sa nothing herein contained shall be taken to release the second part in case of such ass party under this contract. The endorseme consent to the assignment by the party- of

rights hereunder will be made by said second part, provided all payments, asses which may have become due at or prior to fully paid.

d county, this day personally came person described in the within agreement, ment, and acknowledged that signed, -e and voluntary act and deed, for the uses

he

Canal Company, a corporaate of Colorado, of the first part, and

of Colorado, of the second part, for and in aid as hereinafter specified, and in considerments in this contract contained, to be per

accident to the same, to repair the injury th and expedient; and the company shall have for its expenses of maintaining, repairing, a reservoirs and laterals connected therewith, said canal, a sum not exceeding

per stat plied per annum; and in addition thereto dent, assess all owners or holders of water necessary to repair the injuries so occasioned provided for shall be determined and levi board of directors, and the company also re tion to establish and enforce such rules and such penalties as it may deem necessary and and collecting said assessments, or any part and payable at such time as may be fixed by and the second part- hereby agree to duly the failure to pay the same or any part t the levy of any assessment (which notice n letter addressed to the second party at

board of directors of the first party, constit second part- as provided in paragraph XIV VII. The said first party shall have, and the said first party, a right of way across sa

for the main canal or laterals of said right of roadway on the banks of the canal is constructed by said second part-across maintain a gateway across said bank, when said first party shall close said gate when op VIII. It is hereby distinctly understood hereto, that in case the first party shall be

very of this con tract, payment of which is payments at the times and in the manner

r. Principal Interest. Amount.

Remarks.

rest at the rate of

per cent. per annum,

after maturity at the rate of per cent. nsideration of the premises, hereby agreeof the above sums, and each of the same, e same respectively become due; and that Il assessments that may be imposed by said above agreed.

I representatives, heirs or assigns, shall pay and at the times above limited, and shall gular agreements and stipulations aforeen the first party shall cause to be made and or assigns, a deed conveying the water-right however, to the same assessments and forded.