Blank contract between the Los Angeles & Salt Lake Railroad and industrial users, June 1922

1 THIS AGREEMENT made in duplicate this__ day of ___________, 19__, by and between LOS ANGELES & SALT LAKE RAILROAD COMPANY, a corporation of the State of Utah, hereinafter called "Railroad", party of the first part, and hereinafter called "User", party of the second part. WITNESSETH: RECITALS The Railroad owns certain water rising and flowing from Las Vegas Springs and an artesian well in proximity thereto, which it conducts through pipes and pipe lines to its railroad station and terminal at the City of Las Vegas, County of Clark, State of Nevada, for distribution through pipe connections and pipe lines to its shops, yards, buildings and for other railroad uses, all of which said pipes, pipe lines and pipe connections are hereinafter referred to as "Railroad's pipe line". The User operates_______________________ business near the industrial tracks and premises of the Rail- road, under lease held by User, and desires to secure water from the Railroad's pipe line through pipe connection, pipe line and meter for User's domestic and other uses in connection with User's said business. Said particular pipe connection, pipe line and meter between Railroad's pipe line and leased premises being hereinafter referred to as "User's connection". -1- 1 The Railroad i6 willing to construct said User's connection and furnish the User sufficient water for User's requirements from such surplus water as it may have available from such source beyond the needs and requirements of railroad uses at its Las Vegas terminal, and such other uses as the Railroad has heretofore agreed to supply, on the following terms and conditions: IT IS THEREFORE AGREED: I. The Railroad shall at the sole cost and expense of the User, install, maintain and remove User's connection consisting of_ inch meter and pipe of _ inch diameter and ___ feet in length, required for service to the User under this contract, and shall sell and supply to the User through said User's connection such surplus water as the Railroad may have available at Las Vegas beyond its said needs and requirements, at the price and rate of for each 100 cubic feet of water up to 800 cubic feet; and 10% per 100 cubic feet for all water furnished in excess of 800 cubic feet, with a minimum charge of $3.50 per month. II. The User shall pay to the Railroad, before any work on installation is begun, the cost of User^s connection hereby fixed at $_and upon presentation of bills therefor shall pay to the Railroad all expense incurred by it in the maintenance and removal of said User's connection, -3- and shall, on or before the 10th day of each month immediately following the month in which such water is furnished, pay the Railroad for all water so taken, if in excess of the minimum charge, and if less than the minimum charge, the sum of $2.50. For the purpose of determining the amount of water so furnished, meter readings shall be taken by the Rail- road on or about the first day of each and every month, which meter readings shall be conclusive of the amount of water furnished. The term "month" as used herein, shall mean the calendar month. III. User shall own the User's connection installed under this agreement. Should the User so desire, or should the Railroad at any time hereafter desire to remove said User's connection, such removal shall be made by the Railroad at the expense of the User. If, within five days after the termina- tion of this agreement howsoever the User shall not have requested the Railroad to remove said User's connection, such User's connection shall forthwith become the property of the Railroad. IV. User shall, at the User's own sole cost and ex- pense, construct and maintain and shall own any and all pipe lines located upon the leased premises. V. The Railroad does not undertake to deliver or guarantee to the User any specific amount or quality of water, or any water for any definite period of time, nor any uninter- rupted 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's connection, any extensions thereof or con- nections 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 just cause for terminating this agreement with- out 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 com- ply 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 out of the furnishing of water under this contract, or by reason of the destruction of the property of any person or persons by fire on account of lack of water, or by reason of any water connection suffered or permitted to be made with the Railroad's pipe line by the User, which may or does result in the flooding of the property of the User or the premises or property of any person or persons by reason thereof, whether caused by the neglect or omission of the Railroad or its employes, the User or any other person* VII. It is further agreed that the User shall not sell or assign this contract or any rights hereunder, without the written consent of the Railroad first had and obtained* VIII. This agreement shall become effective as of the _ day of __, 19_, and continue in full force and effect until terminated as herein provided. This agreement may be terminated by written notice given by either party to the other, on any date there- in stated, not less, however, than 30 days subsequent to the date on which such notice shall be given; provided, however, that this agreement may not be terminated by the User until the expiration of six months from the effective date hereof; and provided, further, that upon the termination of the tenancy of the User of the premises of the Railroad now oc- cupied by the User this agreement shall ipso facto terminate. -5- Such notice may be served on the User by mailing same to the User at Las Vegas, Nevada, and may be served on the Railroad by mailing same to it at Los Angeles, California, by United States mail, and service shall be termed complete on the date of mailing* No termination of this agreement shall affect any of the rights or obligations which may have accrued, or liabilities, accrued or otherwise, which may have arisen prior thereto. IN WITNESS WHEREOF the parties hereto have caused this agreement to be executed the day and year first above written. Witness: LOS ANGELES & SALT LAKE RAILROAD COMPANY __ By__ Its__ Attest: Secretary. Witness: User. -6-