upr000047 119

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 guarantee to the User any specific amount or quality of water, or any water for any definite period of time, nor any uninterr­upted supply of water, but only agrees to sell and deliver to the User such water as it may have available beyond its needs and requirements for its railroad uses and such other uses as the Railroad has heretofore agreed to supply, flowing through its pipe line from said source; and the Railroad, through its representatives, shall have exclusive control and supervision of said User^ connection, any extensions thereof or con­nections therewith, and the use of water furnished under this agreement, to the end that no unnecessary use or waste of water shall be permitted, and that it shall be used for the purposes herein provided and not otherwise. Waste of water or misuse of same shall be juBt cause for terminating this agreement with­out notice, and the Railroad may, without notice, terminate this agreement at any time should there be a shortage of water, breakage of pipes, wash-outs, strikes, fire, a failure to com­ply with any of the terms hereof by the User, or for any other cause whatsoever. VI. The Railroad shall not be liable to the User for any damage by fire on account of the failure from any cause whatsoever of the Railroad to furnish water under this contract. The User shall at all times indemnify and save harmless the Railroad from any and all damages, claims, demands, suits or causes of action, of whatsoever nature, arising from or growing *