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Union Pacific will agree to indemnify the District against any loss the District might incur as a result of failure to obtain easements or failure to obtain easements from the record owners. It also provides for the creation of a trust fund by Union Pacific to protect the District in this respect. 10. Uncontrollable Forces. A clause should be added to the contract excusing either party for failure to perform by reason of uncontrollable force or Acts of God. 1 1 . Notice. In many places the contract calls for the giving of notice to one or the other of the parties. The contract should establish the officers and addresses for the purpose of giving notice under the agreement. 12. Escrow Agent. In order to avoid any suggestion that any director of the District is indirectly interested in the agreement, we would suggest that some corporation other than the Bank of Nevada be named as escrow agent. 7.
