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<br /> j,first party, hereby agreee with the Piret party to pay to said f irst party a royalty oP twenty-
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<br /> 'five ( .25) cents per head on each animal sold on said premises. The royalty oP tWenty-five ( .25) �
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<br /> ';eents as set forth in this paragrapY� is not to apply to or include, however, any animals in the i
<br /> t;cas�e of the party of the second part, either temporarily or o'Gherv�ise, unless aetually sold by �
<br /> '�the second pa.rty and paid �or by purchaser, and not to include any work stock or saddle horses !
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<br /> :;used by the second party in its business, or any anumals, either horses or mules, temporarily on iI
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<br /> ;;tne premises not intended for sale thereon. The second party also agrees to pay the further sum !
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<br /> !,of thirty-five ( .35) cente per head, designated herein as a yardage charge, for each and every �
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<br /> ;anumal unloaded or placed on said premises for sale by the second party or its succeasors, full �'
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<br /> i'payment to be hr�,d and payment to be made not later t�ian Saturday before the following sale, durin
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<br /> '';�the te�m of this �reemen�, or an� ext�nsion thereof. �
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<br /> �;In the event that the same anim�,ls are sold two or more times du�ing the same sale, then an addi- �
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<br /> '�tion�.l royalty oP twenty-five ( .25) oents per head shall be paid in addition to the royalty as ��
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<br /> ;;provided For in Paragraph Number Six of this agreement. ;
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<br /> ;It 3s further agreed that the party of the seeond par�G shall have the exclusive right to feed, �
<br /> `,icare for, handle, and sell all horses and mules that are handled, fed, or sold on wrhat is known �
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<br /> ;ias the Bradstreet & Clemens premises, and all such anumals shall be delivered to the second partyl
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<br /> �;iPar sueh Peeding, har�dling or selling under this agreement or any extension thereof. I
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<br /> i!The term of this _agreement shall commence on the 31st day of December, 1935� and run for a ;
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<br /> periQd of fi�re ( 5) yeaxs, said agreement to expire on the 31.st day of December, 19�0, with the ;
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<br /> ;jright reserved to the second party to renet� thig agreement upon the same terms as herein set fort '
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<br /> ;'for an additional period o�' �ive (5) years, eom�nencing on the 31st day of December, 1940, by givir�
<br /> '�'a written notice to the Pirst party on or be�ore June 30, 19�0. �
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<br /> ''It is further agreed that first party enters into this a�reement beeause of the personal manage- j
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<br /> �,ment of the business of the second party by John Torpey, no�v President and ma�ority stockholder i
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<br /> ;'of second party, and it is agreed that in the enent said Jo�in �orpey wishes to dispose of aIl hisi
<br /> �interests in the party of the second part, or wishes to assign this agreement on the part of the '
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<br /> �isecond party, he will first obtain the �written consent of the first party, same to be endoraed i
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<br /> �'hereon, and in the euent that he should dispoae of his interests in the party of the second part �
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<br /> ;without sueh written eonaent of the party of the firs'G part, then this agreement shall immediatel�;
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<br /> !�terrninate �.nd fir�t party shall immediately take possession of the premises herein described, and �
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<br /> tthis shall also cancel any extens3on thereof made under the provisions oP this para,�raph, that is,j
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<br /> ;the option Por an extension of five (5) years after December 31at, 19�i-0, shall not exist or be
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<br /> ,exercised by second party.
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<br /> `;Prov3ded Purther, that in case sald sales barna, equipment, facilities etc. , as now located and �
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<br /> =:�hieh are included in this agreement, are suppressed as a nuisance by any action taken by the �
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<br /> ,clty of Gr�.nd Island, Nebraska,or its public authorities or by the State of Nebraska or its auth- i�
<br /> ;;ori�ies, or in any court 3n proceedings for �hat purpose by private individuals, and the second ��
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<br /> i;party is thereby prevented from carrying on its bu�iness of selling horses and mules as here�of'orq�
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<br /> ;�conducted by it, then and in such case this agreement and obligations there under, of the second i
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<br /> i�z�arty, shall thereby be autor�atically annulled and both parties be '�hereby released frorn all ob- j
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<br /> ;'ligations thereunder; provided further, th�.t neither party �ill, by its overt acta ar negligenee i
<br /> !,�bring about a condition in the operation of eaid barna and business to invite or warrant such ��
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<br /> 'proceedin�s and suppressions of sa,id barns, sale and business, but each of them will condvet the �
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<br /> `�business in aue�m. �, way aa will comply wi�h the laws, rules and regulations pertaining thereto $o !
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<br /> i�'ar as it is reasonably possible for them to do under all ot' the cireumstances and conditions exie _
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