OCR Text |
Show the necessary works for the procuring of said other heading and diversion point for taking its irrigation water from the Colorado River, as set forth in this paragraph, and to diligently prosecute such construction to completion; otherwise, to pay the Association as a penalty the sum of Five Hundred Dollars ($500) per day for each day that there shall be default by The District in complying with the terms and conditions set forth in this paragraph; provided, however, that nothing in this paragraph contained shall be deemed, take or held as being obligatory upon The Association to accept said penalty, but that upon such default The Association may revoke all permission license and leave granted by this contract as a whole; but in no event shall anything in this paragraph contained be deemed, taken or held to be any waiver of the right of the Association, or any of its constituent members or shareholders, to sue for and recover any damage accruing to it, or them, or either of them, because of the breach of any of the terms of this contract; and nothing in this paragraph contained shall be deemed, taken or held to relieve the District from liability because of the breach of the covenants of this contract; provided further, however, that nothing herein contained shall be deemed, taken or held by any Court tribunal, board, bureau, person or corporation whether a party to this contract or not, as a waiver by the Association of its right to sue for and recover, either at law or in equity, or by other means, the sum of $1,600,000.00 agreed to be paid by The District to the United States for the use of said Laguna Dam, in accordance with the terms of contract between the said District and the Secretary of the Interior under date of October 23, 1918, but the Associa- |
Source |
Original book: [State of Arizona, complainant v. State of California, Palo Verde Irrigation District, Coachella Valley County Water District, Metropolitan Water District of Southern California, City of Los Angeles, California, City of San Diego, California, and County of San Diego, California, defendants, United States of America, State of Nevada, State of New Mexico, State of Utah, interveners] : California exhibits. |