upr000095 69

1 -2 3 4 5 6 7 8 9 10 11 12 13 14 1 5 16 17 18 19 20 21 22 23 24 25 26 H said pipe lines and power lines by the District during the period during whioh the District shall have the right to maintain said lines upon the property of Union Pacific. Section 101 If within three (3) years from the sale dat* the District shall not hare completed the construction of the new facilities and the removal of the existing facilities referred to in Sections i and 2 hereof and Union Pacific shall not have given notice to the District of Its intention to perform said work as provided In Section 3 hereof* the union Pacific as of said date shall have the right to recover from the District the difference in the market value of the lands owned by Union Pacific shown outlined in yellow (tint on Exhibit *k* and the market value which said landii would have had on said date had the new pipe lines and pumping sta­tion referred to in Sections 2 and 3 hereof been completed and the existing pipe lines and pole lines referred to in Sections 1, 2 an^ 3 hereof been removed on said date. It is agreed by the parties that it would be impracticable or extremely difficult to determine the amount of damage suffered by Union Pacific resulting from the diminution in the market value of its said lands by reason of the non-completion of said work upon said date. Accordingly it is agrS that the amount of damages which Union Pacific shall be entitled fe< recover from the District shall be Three Hundred Thousand Dollars ($300,000.00) payable as follows! The amount in the trust fund re ferred to in Section 6 hereof as of said date shall be immediately paid to union Pacific by said bank upon written request ofUnion Pacific therefor, and thereupon said trust fund shall terminate.