upr000095 70

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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 (f300,000,GO) shall hare been paid to Union Pacific, the District shall pay to Union Pacific the sum of Twelve Hundred Fifty Dollars ($1,250.00) per month. In the event either party hereto shall seek to have this provision for liquidated damages declared invalid, the payments required to be made by the District Into said trust fund as provided in Section i hereof shall continue until such question shall have bean- determine by final judgment of -a court of competent jurisdiction and until the' actual damages offered by Union Pacific shall have been deter­mined by such a Judgment, If It shall be determined by final judg­ment that the provision for liquidated damages herein is unenforce­able and that the union Pacific has suffered actual damage by reas-ci ©f the non-completion of the work referred to in Sections 1 and 2 hereof on the said date three years subsequent t© the sale date, the said lank of Nevada shall pay to Union Pacific from said trust fund, to the extent that funds are available in said trust fund, the amount of the damages to Union Pacific so determined. Any fund remaining in the trust fund after such payment shall be paid to the District, and thereupon said trust fund shall terminate. In the event the payment made by the Bank of Nevada to Union Pacific from said trust fund shall be less than the amount of the damages to Union Pacific so determined, the District shall immediately pay thj balance of said damages to Union Pacific. Section lit Union Pacific reserves the right to maintains -15-