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Property: Provided, that in case of any dispute between the parties
in respect to the non-payment of rant or in respect to any claimed
default or failure to comply with the provisions of this lease, no
forfeiture of this lease shall be declared by the City, while the
Lessee is proceeding in good faith to have the point in dispute
determined by any court of competent jurisdiction, and Provided,
further, that payment of said installments of ront, shall, at the
option of the Lessee, be suspended for and during any period or
part of said tern during which said leased property, by reason of
the failure of the City properly to make necessary replacements,
shall fail to function or to supply the Lessee with the quantity
of water which it would supply if such replacements were made.
7. The City covenants, as Lessor, that it, the said City,
if and when requested by the Lessee, will make, execute and deliver
all assignments and transfers of water rights and water permits
and all other assignments and transfers necessary to afford. to the
Lessee full enjoyment of that part of said waterworks and system
hereby leased, reserving to the City the first four million
(4,000,000) gallons of water daily from said waterworks and system.
The City hereby covenants that said waterworks and system will
carry and deliver at the point of diversion to the properties of
the Lessee, near the southerly limits of said City, not less than
fourteen million (14,000,000) gallons of water daily, at a head of
not less than one hundred seventy-five (175) feet.
B. The lessee agrees that it will not sell or otherwise
dispose of any of the water taken by it from said waterworks and
system hereby leased, in competition with the City of Port Townsend,
and that it will not use said water except for manufacturing, power
and other purposes solely in connection ti:,ith the manufacturing
sites and plants of itself' and/or of its subsidiaries at or near
Port Townsend.
9. All the provisions, terms and conditions of this lease
shall be binding upon and accrue to the benefit of the successors
and qssigns of the parties to this lease.
I14 «'ITTJI SS 7-HEREOF� the City of Port Townsend has caused this
lease to be executed in its name and behalf', by its tdayor and City
Clerk, and its corporate seal to be hereunto affixed, after due
proceedings had in accordance with law, and the said Crown Zeller-
bach Corporation has caused this lease to be executed by its
officers thereunto duly authorized, and its corporate seal to be
heretuito affixed, the day and year first herein written, in dup-
licate hereof.
Attest:
TEE CI.CZ Oil POhi T07:i4_STigD
lsy ;,;ayor
City Clerk
Ck07:'11 UOKPOhiiTION
BY
Its President