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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 (#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 t© he made- by the M s trio t into said trust fund as provided in section to hereof shall coating until such question shall have been determined by final Judgment of a court of competent Jurisdiction and until the actual damages suffered by Railroad Companies shall have been determined by such a Judgment. If it shall be determined by final Jud^aent that the provision for liquidated damages herein Is uaemforeemble and that the Hail** road. Companies have suffered actual damage by reason of the non-completion of the work referred to in Sections 15 and 16 hereof on the said date three years subsequent to the sale date, the said Bank ©f Nevada shall pay to Railroad Companies from said trust fund, to the extent that funds are available in. said trust fund, the amount of the damages to Railroad Companies sc determined. Any funds remaining in the trust fund after such payment shall be paid to the M s tried, and thereupon said trust fund shall terminate. In the event the payment made by the Bank of Mevada to Railroad Companies from said trust fund shall be less than the amount of the damages to Railroad Companies so determined, the Metrics shall immediately pay the balance of said damages to Union Pacific, XH MX1KBS& WSMMQW the parties hereto have executed 4 * .