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I % . Section 10. If within three (3) years from the sale date the District shall not have completed the construc­tion of the new facilities and the removal of the existing facilities referred to in Sections 1 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 nAn and the market value which said lands 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 and 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 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 - 1 1