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of bm n os said date. I t la agreed by the parties that it would be impracticable or satresftely difficult to determine the amount of damage suffered by Halos Pacific reuniting fro® the diminution is the market raise of its said loads by reason of ths non-completion of said work upon said date. According­ly it is agreed that the amount of damages which Union Pacific shall be entitled to recover from the district shall be three Hundred Thousand Dollars ($300,000.00) payable as follows* Ths amount 1© the trust fund referred to In Section o hereof as of said date shall be immediately paid to Union Pacific by said bank upon written request of Onion Pacific therefor ,and there­upon said trust fund shall terminate. thereafter upon the first day of the following month and on the first day of each succeeding month thereafter until the full amount of said Three Hundred Thousand Dollars (1300,000.00) shall have been paid t© tin Ion Pacific, the District shall pay to Union Pacific the turn of Twelve Hundred fifty Dollars (11,^50.00} per month* In the event either party hereto shall seek to have this provision for liquidated damages declared invalid, the payments required to be mads by the District into said trust fund as provided in Sec­tion 6 hereof shall continue until such question shall have bean determined by final judgment Of a court of competent jurisdic­tion and until the actual damages suffered fey Onion Pacific shall have been determined by such a judgment. If it shall be deter­mined fey final judgment that the provision for liquidated dam­ages herein is unenforceable and that the Hnioa Pacific has suf­fered actual damage fey reason of the non-completion of the work referred to in Sections 1 and 1 hereof on the »ald date three years subsequent to the sale date, the said Bask of ftevada shall pay to Union Pacific from said trust fund, to the extent that funds are available is said trust fund, the amount of the dam- 12.