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made up by adding together all expense in connection with the operation and maintenance of the Railroad-owned facilities used In common with User and Railroad Company, plus carrying oharges, consisting of interest, taxes and depreciation. Commencing with the year 1930 the monthly rental shall be revised to cover proportion of cost calculated as above on the basis of water used during the preceding year, and this rental will continue in effect throughout the year and until such time as complete information is available to calculate the proper rental for the succeeding year, at which time adjustments will be made covering any increase or decrease in rentals for the current year. The User shall pay to the Railroad Company as rental $975.00 per month for the period April 1st to December 31st. 1929, and thereafter such monthly rental as shall be revised to cover proportion of costs based on relative uses, on or before the 20th day of each calendar month for the use of pipe lines during the preceding calendar month. The Railroad Company agrees to use reasonable diligence to maintain pipe lines In such condition as to afford the User a continuous flow of water. The right of User is in connection with, and subordinate to, the right of the Railroad Company to use said pipe lines for the conveyance of all water now or hereafter required for its railroad requirements and other uses at Las Vegas, Nevada. Railroad Company shall not be responsible for failure to maintain said pipe lines when prevented from so doing by breakage, washouts, floods, strikes, or other unavoidable causes. It is understood that the sum of $975.00 or any other sum determined in accordance with the provisions of agreement, represents, as nearly as can be measured, the fair rental value of the use of said well, pipe lines, and adjuncts by the User when consideration Is given to the investment of the Railroad Company in said well, pipe lines and adjuncts the cost, maintenance, repairs, and operation thereof, and the relative use made by the User, and the User and the Railroad Company.
