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of 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 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: The amount in the trust fund referred to in Section 6 hereof as of said date shall be immediately paid to Union Pacific by said bank upon written request of Union 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 ($300,000.00) shall have 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 6 hereof shall continue until such question shall have been determined by final judgment of a court of competent jurisdic­tion and until the actual damages suffered 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 reason of the non-completion of the work referred to in Sections 1 and 2 hereof on the said date three years subsequent to the sale date, the said Bank 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 dam­12.