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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 subsequentto 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 damages to Union Pacific so determined. Any funds 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 the balance of said damages to Union Pacific. Section 11. Union Pacific reserves t"he right to maintain a connection with the water transmission main to be sold to the District at location indicated by point marked NN on Exhibit "A” for the purpose of enabling the Union Pacific to obtain water from the District In cases of emergency. Section 1 2 . This agreement shall be executed con­currently with the agreement hereinabove referred to in the recitals providing for the acquisition by the District of the water production and distribution facilities of the Union Pacific and the Las Vegas Land and Water Company at Las Vegas* Nevada* and shall remain in full force and effect until the