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to cover the present proposed construction and any future construc-
<br /> tion and the respective rights of the parties hereafter with refer-
<br /> ence to the present and any future party wall.
<br /> NOW, THEREFORE, the parties hereto, in consideration of
<br /> their mutual promises and covenants herein contained, do hereby
<br /> agree as follows:
<br /> 1. The present party wall and all extensions above, below
<br /> and beyond said wall, which are made as herein provided, shall be
<br /> and remain a party wall.
<br /> 2. Either party hereafter may extend the present party
<br /> wall and the extensions now in process of construction, to such
<br /> 'reater length, height or depth as he may see fit, and as may law- -
<br /> fully be done, subject to the conditions set forth herein as to con-
<br /> struction, use, payment and other terms. Such extensions shall not
<br /> extend in excess of eight inches (8" ) over the party line upon the
<br /> property of the other, except the footings of the party wall, which
<br /> may extend up to three feet (3' ) on the property of the other party.
<br /> All extensions, including the present extension by the CORPORATION,
<br /> or any additional extension by either party hereto, shall be construc-
<br /> ted in such a manner as to cause the least possible interference
<br /> with_ the use by the other party of his, her, their or its adjoining
<br /> property.
<br /> 3. The COP 0= ' 'ION shall pay, at the time of the execu-
<br /> tion Two
<br /> ticn of this a- reemelit, to the PAINTS the sum of � Thousand, Three
<br /> Hundred ed ($2, 300.00) . Dollard, as set forth in the recitals above, in
<br /> full and compr'olise settlement, as the amount to be paid by the
<br /> CORPORA2ION to the PANTS for the present use of the ^resent party
<br /> bra? said CV PO _ZION shall be ,further obligated
<br /> �._7_ of said building, but s . ?=`�" sha
<br /> to the hI JF'S in the manner set forth in :ara_;raph Five ( 5) hereof.
<br /> 4. Each party who hereafter may, as authorized above,
<br /> erect any extensions on the party wall as heretofore constructed, or
<br /> as now being constructed, or as may hereafter be constructed, shall
<br /> spay for such extensions in the first instance, and such extensions
<br /> shall be at the sole expense and cost of the person so constructing
<br /> and such extensions, until used by the other party, shall be main-
<br /> tained by trie �erson so oy loin; as t_e s all
<br /> ,i 0 ttieffi, S y �
<br /> retain t he sole use of the same, and the other warty is hereby granted
<br /> the right to use and utilize any of the said extensions, at any time
<br /> they may elect to do upon the
<br /> may O so, U�,._.n the payment to � Ot}"ier of one-hali
<br /> (1/2) the :roper cost of the -oast used, with the value thereof to be
<br /> determined at the time said use commences, and in case they cannot
<br /> agree uoon said value, then each shall choose an arbitrator and the
<br /> two so chosen shall choose a third a nd th e decision of a majority
<br /> shall be final.
<br /> 5. As to the extensions to the existing party wall , which
<br /> are in the process of being made at the nresent time by the CORPORA-
<br /> TION, and whenever in the future, either party hereto shall make
<br /> further extensions of the party wall, each and every such extension
<br /> shall be in a workmanlike and l awful manner, and each party, in
<br /> making such extensions, shall cause as little damage as possible to
<br /> the premises of the other party, and shall repair and make good all
<br /> damage whatsoever, caused to the party wall, or caused to the prem-
<br /> ises of the other party, and repair the same in a good and workman-
<br /> like manner and to the reasonable satisfaction of such other party.
<br /> If, because of underpinning a wall, or disturbing virgin soil, orV
<br /> p;y superimposing additional loads on previously existing portions
<br /> of party wall, or by any other acts done in connection with additional
<br /> construction, damage shall be caused in the existing party wall or
<br /> to the walls, ceilings, partitions, floors or other portions of the
<br /> -a-
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