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<br /> length of such tract, to have and to hold in fee simple. Also the said Phil H.Pizer, and Mable�
<br /> M.Pizer, his wife, herebq agree to and do sell to the said Cieorge Cowtox�, the norther2y sia �
<br /> inches of such northerly wall situate thereon, subjec� however, to any and every of the provi-,�
<br /> sions of thie partition wall lease and agreement.
<br /> Now therefore, this a,greement witnesseth: That the said George Cowton, agrees to purchase and
<br /> pay to the sa,id Pizers, at and before the ense�.ling and delivery of thie instrument , in con-
<br /> sideration of the covenants herein on their part to be done and performed, the sum of Nine
<br /> Hundred Thirty-one and No/l00 Tk�llars (�931.00j , and further �,t his own (Cowton�s) e�cpense
<br /> and without injury or damage to said partition wall such Cowton agrees to reinforce the same
<br /> by conneeting with such waZl five reinforeed concrete pil�,sters, to be in size not more than
<br /> eighteen inches square and not less than si�cteen inches square a'� the base and to eatend into
<br /> the eaid party wall not more than sia inches, extending from the base of the foundation thereo
<br /> , to the top of the second stoFy of the said Pizer buildin�. For the purpose of furnishing a
<br /> proper footing for such ree„�forcement it is hereby mutua.11y agreed that the e ame maq eatend
<br /> under the wall and basement f loors to a, distance suf�ficient to provide proper loadin� of the
<br /> soil to carry the loads traneferred to s�e from the building above. And further that should
<br /> the said wall, hereby made a party wall, be at any time or �imes in�ured or destroyed, either
<br /> by deeay, lapse of time, fire, accident ,or other eause wh�.tever, so as to require to be eithe �
<br /> repaired or rebuilt, in whole or in part, then and in every such case, the said Phil H.Pizer, !
<br /> and wi�e, and the said C�eorge Cowton, and �rife, by these presents, for themselves respectivel ,
<br /> �,nd their respective heirs and assigns forever , mutually covenant and a.�ree, to a.nd with e�.ch
<br /> athe�r, and their respective heire and assigns forever, that such reps�ration or rebuilding, as
<br /> t�e case may be, shall be �,t the mutual, Joint and equal expense of them, the said Phil Pizer
<br /> and wife, and George Cowton, and wife, their respective heirs and assigna forever, Further,
<br /> should such rep�.ration or rebuildin�, in any case or at any time, become nece�sarq and proper
<br /> to carry out the true intent and purpose of this a,greement, �.nd either party ahould refu6e
<br /> or neglect, after due notice from the other party of his desire or intention to rebuild or
<br /> rep�ir such w�.11 a.s heretofore herein provided, then and in that c�,ee the other partq, hfs
<br /> heirs and �.esi�ns, may c�.use such reparation or rebuilding to be made and done, and charge th
<br /> other party, his heirs and �.ssigns farever, with the proportion of the expen,ae,costs and char s
<br /> thereof, according to the true intent and meaning of this agreement; and t hat in every c�,se �
<br /> of such reparation or rebuilding, as the case may be, such repairs ehall restore the said wa11� ',
<br /> to the state and condition in �hich it now is, or under the provisions of this agreement m�,y �
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<br /> have been pia ced; and that in enery case of such reparation or rebuilding such�s.11 shall be !
<br /> rebuilt upon the eame spot on which it now stands, and be of the- same dimeneione and same ,
<br /> materials; if, howEVer, such materials cannot be had, then of othere of the s ame or equal �
<br /> quality and �oodness. It being further in like manner mutu�.11y understood �.nd agreed by and
<br /> between the said parties, that this agreement shall be p�rpetuated and be ob2lgatory upon the
<br /> parties hereto , as well as upon the heirs and assigns of said parties respectively, forener, I
<br /> and construed as a covenant running with the land, but that thie agreement sha1l not have thel
<br /> effect or operation of conveying to the said George avwton, and wife, their heirs or a.ssigns, '
<br /> the f ee simgle of the one moiety or any other: p�.�t of' the w�Il, ground or land, on which said
<br /> wall now stands, other than that o� the eia inches thereof herPinbefore specifically so desig
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<br /> nated and conveyed to the said Oowtons, and that subject to the p��poses and uses herein provi� ed.
<br /> It is also ma.de a part of this agreement that should the parties hereto use such party wall in
<br /> the construction of a third story to their respective buildings , of the same materials ae are
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