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January 22~th. ~A
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<br />fore the expiration of this agreement furnish or supply water to any consumer (except to the
<br />City) at a lees rate than the then current rate payable by the Receivers to the City, under
<br />this agreement, then and in any such event, and anything~ereinbefore to the contrary notwith-
<br />standing, the Receivers shall pay to the City for water consumed by them no greater rate than
<br />as so charged such other consumer~
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<br /> 4. ~nat theOity shall have the right at any time upon eix (6) months orevious
<br />written notice to the Receivere to remove its mains from the right of way of Seaboard-Air Line
<br />Railway Company mud in the event of the removal therefrom of all euch mains the prices payable
<br />by the Receivers as herein provided sluall cease ~o be operative or binding upon the parties
<br />hereto and this agreement shall thereupon terminate.
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<br /> 5. ThAt the City agrees that Seaboard Air Line Railway Comoany and its Receiv-
<br />ers are entitled under said agreement dated November S~h, 1887, as heretofore modified and ex-
<br />tended, and under this agreement ~o be supplied with water for their own use at the current
<br />rate therefor therein provided through a connection with the pipes or mains o2 the 0ity not
<br />o~ly in caees where such deeired connection is with the pipee or mains located on or near the
<br />right of way of Seaboard Air Line RailwayOompany, but also in cases ~ere such connection is
<br />with pipes or mains of ~he City now or hereafter located in any street or alley of the City
<br />within the preeent or future limits of the City or elsewhere located. The City hereby with -
<br />draws any and all previous claims to the contrary heretofore made by it.
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<br /> 6. The City reoognizee the paramount right of the Receivers to use, or per, it
<br />to be used, for railroad purposes ~he right of way of Seaboard Air LineRailway 0ompany upon
<br />which the mains of the City are located and the obligation of the City when said right of wsy
<br />is so needed to remove and relay, at its expense, such of its maine in such manner as shall
<br />be required by the 0bier Engineer or other authorized agent of the Receivers in order to ob-
<br />viate interference with such use of such right of way for such purposes. The 0ity agrees that
<br />when euch right of way is needed and it can, in the judgment of said Chief Engineer or agent,
<br />be conveniently so ueed withou~ requiring the City to remove or relay such mains, the City
<br />will, a~ ire e~oense, upon the written request of said Chief Engineer or agent, m~ke sueh rea-
<br />sonable arrangements or re-arrangements of or in respect of euch maine as will obviate such
<br />interference.
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<br /> ?. The City grants (to the extent of its ownership or interest in the land} to
<br />the Receivers the right to extend from the right of way of Seaboard Air Line Railway Comoany
<br />over and across the adjacent rights of way owned by the City, between Portsmouth and Suffolk,
<br />Virginia, such tracks as the Receivers shall hereafter desire to construct, maintain and oder-
<br />ate in or in connection with the service by the Recei?ers of Induetries now or hereafter l~ -
<br />ca%ed on or beyond the said rights of way owned by the City} p~ovided and to the extent that
<br />the exerciee by the Receivers of such right shall not-i~terfere with the use by the ~City cf
<br />its said rights of way for i~s own puzlooses~ and any such use thereof by the Receivers shall
<br />be subject to the paramoun~ right of the City to use euch rights of way for its~own purposes.
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<br /> 8. So long as this agreement shall be and. continue in effect the terms and
<br />provisions hereof shall inure to the benefit of and bind (a) the City and ~uy succeesors to,
<br />or any assignees of, the rights of the City u~der this agreement and (b) the Receivers and
<br />their successors as Receivers of the properties of Seaboard Air Line Railway Company.
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<br /> 9- The obligation of the Receivers under and in resoectof %hie agreement are
<br />their obligations solely as Receivers of the properties of SeabOard-Air Line Railway Company,
<br />and not individually. The receivership of Seaboard Air Line Railway Comoany shall not be
<br />terminated nor s~al! the receivership estate thereunder be surrendered b~ the Receivers or
<br />their successor, or successors~ unless~ as a condition of such termination or surrender, al!
<br />of the obligations then existing, or to accrue, of the Receivere under t~his agreement shall be
<br />assumed by Seaboard Air Line Railway Company, or any other corooration, or any trustee or
<br />trustees appointed pursuant to Section ~? of the National Bankruptcy Act (or under any amend-
<br />men% thereof or any law enacted in eubstitution therefor), that shall succeed the ReceiVers
<br />in the possession and control of the lines of railroad now owned by Seaboard Air Line Railway
<br />Company and formerly of Seaboard & Roanoke Railroad Company. In.such caee the obligation as-
<br />sumed by Seaboard Air Line Railway Company or any othe~ corporation shall be a general unse -
<br />cured obligation ~thout a lien on any of its property end the obligation.assumed by any such
<br />trustee or trustees shall be similar %o the obligation of the Receivers under this agreement
<br />and the agreement of assumption shall include an agreement by such trustee or trustees as to
<br />the assumption of this agreement upon the termination of the receivership. In case of any
<br />sale or conveyance of said lines of railroad of Seaboard Air Line Company, the purchaser or
<br />tr&usferee of the purchaser shall not be at liberty to refuse to accept %hie agreement or to
<br />disaffirm it, but if acquiring said lines of railroad for the purpose of transferring same to
<br />a-corporation formed for the purpose of reorganization, any such purchaser shall not incur any
<br />personal liability under or in respect of this agreement; provided such corporation to which
<br />said lines of~railroads are so transferred in such reorganization shall assume (as a general
<br />unsecured obligation ~-~thout Any lien upon ~uy of Ire property) all obligatione of the Receiv-
<br />ers under this agreement. In case ~uy corporation or any such trustee or trustees shall suc-
<br />ceed the Receivers in the possession and operation of said linee of railroad, as aforesaid,
<br />of Seaboard Air Line Railway Company or any corporation formed for the purpose of reorganiza-
<br />tion, or any other corporation, or trustee or trustees appointed to take title to said lines o~
<br />railroad (upon the dismieeal for any reaeon of the equity receivership proceedings) s~d shall
<br />so aesume all the obligations of the Redeivers then existing and to accrue under this agree-
<br />ment, the Receivers shall thereupon be relieved f~om all further liability under or in respect
<br />of this agreement, provided that Seaboard Air Line Railway Company, or such other co~poration,
<br />o~ such trustee, or t~astees, as the case may be, acquiring said lines of railroad, shall exe-
<br />cute an ~op~opriate inet~ament whereby Seaboard Air Line Railway Company, or such o them cot -
<br />potation, or such trustee, or t~ustees, shall so assume the obligation then existing, or to
<br />accrue, of the Receivers under this agreement. Upon such acquisition and assumption, Seaboard
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