AZ vs. CA:04 California Exhibits, Vol. IV; Nos. 151-192

page 11

-11-ton, Major E. D. Ardery, District Engineer, U. S. A., or William Wisener, President of the Association or their successor or successors in office, The District agrees to immediately proceed with the removal of said dam and should The District refuse to do so or neglect to act promptly, it is further agreed that project Manager Porter J. Preston, or his successor in office, in person or by a representative or representatives appointed by the Board of Governors, may, at the demand or request of the Board of Governors of The Association enter upon any portion of the works of said District on either the Arizona or California side of the river and take possession of the same and proceed to assume control and direction of the work of removal of said diversion dam. 16. It is understood and agreed that owing to the fact that the District is a municipal corporation of the State of California it may be necessary or appropriate, in the event of the breach of any of the terms or covenants of this agreement, for the Association to sue here-under, or under said reimbursement bond, in the State of California, and that such proceedings, if had, will result in additional cost and expense to the Association; Wherefore, the district in consideration thereof and said premises, hereby promises and agrees to pay to the Association, in the event of action being brought here-under, or under said reimbursement bond, in the State of California, the sum of One Thousand Dollars ($1,-000.00) to reimburse the Association for the additional cost and expense to it of suing in the State of California, and such additional sum for attorney's fees as may be deemed reasonable by the Court trying such action.