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Terminal Ry. Co.

For the purposes of this agreement, damages and losses Traffic Agreement sustained through the transfer of traffic from standard with Midland gauge to narrow gauge cars, and vice versa, at the place or referred to in places established hereunder therefor, shall be considered foregoing Agreement as concealed losses or damages, and the cost thereof apporof option. tioned between the parties hereto between whom such transfer shall be made, in equal proportions.

SECTION IX. The Atchison Company agrees to transport all equipment, materials and supplies of whatsoever character to be used in the construction, operation and maintenance of the lines of the Terminal Company at the rate of one half cent per ton per mile with a minimum charge of 25 cents per consignment. The Midland Company agrees to transport all such equipment, materials and supplies for the Terminal Company at the rate of one cent per ton per mile, with a minimum charge of 25 cents per consignment: And the Terminal Company agrees to receive and forward all equipment, materials and supplies for its own use via the lines of the Midland Company and Atchison Company exclusively.

SECTION X.-The Midland and Terminal Companies will establish and maintain at Divide Station, a joint agency, including a joint agent, such assistants, operators, clerks, yard men, transfer force etc., as may from time to time be found necessary, and divide the total expense incident to or connected with the operation and maintenance of such joint agency and transfer station, equally, viz: 50% to be borne by the Midland Company and 50% by the Terminal Company. The plant, including tracks, etc., to be used by either company exclusively at Divide Station, to be provided for and paid by the company enjoying such exclusive use, but all plants, tracks, buildings, etc., used and owned jointly and which it may hereafter be necessary to erect or construct, shall be provided by the Midland and Terminal Companies at their joint and equal expense. at any time the Midland and Terminal Companies shall be unable to agree as to the nature or cost of a joint plant, tracks, buildings, etc., to be hereafter provided, or to be increased from time to time as the increase of business may seem to warrant, such difference shall be arbitrated in the manner and form hereinafter provided.

If

All employes at said joint agency, shall be employed by and carried on the pay rolls of the Midland Company; such joint employe or employes shall be suspended or discharged from the service thereat upon proof of failure or neglect of duty, or partial or unfair treatment in favor of or against either party.

Traffic Agreement with Midland Terminal Ry. Co. referred to in

of option.

SECTION XI. In case the Terminal Company's railway shall be extended as mentioned in section two, article one hereof, the Terminal Company and the Atchison Comforegoing Agreement pany jointly, shall and will establish and maintain thereat, a joint agency including a joint agent, such assistants, operators, clerks, yard men, transfer force, etc., as may from time to time be found necessary, and divide the total expense incident to and connected with the operation and maintenance of such joint agency and transfer station equally, viz: 50% by the Terminal Company and 50% by the Atchison Company.

The plant, including tracks, etc., to be used by either company exclusively thereat to be provided for and paid by that one of them enjoying its exclusive use, but all plants, tracks, buildings, etc., used and owned jointly and which it may hereafter be found necessary to erect or construct, shall be provided for by the Atchison and Terminal Companies at their joint and equal expense.

If at any time they shall be unable to agree as to the nature or cost of a joint plant, tracks, buildings, etc., to be provided or to be increased from time to time as the increase of business may seem to warrant, such difference shall be arbitrated in the manner and form hereinafter provided.

All employes at such joint agency shall be employed by and carried on the pay rolls of the Atchison Company; such joint employe or employes shall be suspended or discharged from the service thereat upon proof of failure or nelgect of duty, or partial or unfair treatment in favor of or against either party.

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SECTION XII. It is distinctly understood and agreed that, if at any time during the full term of this contract, the Terminal Company shall for any cause, change the gauge of its railway from the three feet to four feet eight and one-half inches, this agreement shall, nevertheless, remain in full force and effect; and thereafter the parties shall freely exchange freight and passenger equipment upon the usual terms and conditions governing such exchanges including the payment of customary and usual mileage thereon; and each party shall also furnish its proper quota of freight and passenger equipment, based upon the entire mileage of the Terminal and Midland Companies and of the Atchison Company between Denver and Pueblo, thereafter used or to be used in conducting the through business hereby contemplated.

SECTION XIII.-If any difference shall arise between

with Midland

the Terminal Company and the Atchison or Midland Traffic Agreement Companies, as to the intent or construction of this agree- Terminal Ry. Co. ment, or as to the performance or failure to perform any referred to in covenant, promise or agreement herein contained, either foregoing Agreement may demand the determination thereof by arbitrators.

The party demanding the arbitration shall serve upon the other party a written notice of such demand, and the name of one disinterested person who shall act as arbitrator; the other party shall within ten days after receiving such notice select a second disinterested person, who shall act as arbitrator, and give the party giving the first notice due notice thereof; but if the other party shall fail so to do within the time limited, the arbitrator chosen by the party giving the first notice shall select the second and the two thus chosen shall select the third.

The arbitrators chosen in either of said modes, shall fix a time and place for hearing and give the parties reasonable notice thereof, and at the time and place so fixed and notified, they shall proceed with the hearing, unless it Ishall be continued for cause shown.

As soon as practicable after a final submission of the matter in controversy, the arbitrators shall decide the matter so submitted to them; shall reduce their decision or award to writing and sign the same, and serve duly authenticated copies thereof upon each of the parties to the controversy.

The determination of the matter so submitted by a majority of the arbitrators and their signatures to the award, shall be as valid and binding as if determined and the award signed by all arbitrators, and shall bind each and all of the parties to this agreement.

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of option

SECTION XIV. This agreement shall bind the parties Agreement to bind hereto, their respective successors and assigns and shall successors and attach to and run with their respective railways, appurtenant properties and franchises.

assigns.

time as railway of

It shall become effective from time to time as the Ter- Agreement to take minal Company shall complete and put in operation the effect from time to whole or portions of the said contemplated railway, and Terminal Co. shall shall continue in effect until the termination of the be completed and remainder of an unexpired term of twenty-five years, computed from the First day of January, A.D. 1893.

IN WITNESS WHEREOF, the parties hereto have caused their respective corporate seals to be impressed hereon and the signatures of their respective proper officers to be

put in operation, and

continue in effect
25 years from
Jan. 1, 1893.

Traffic Agreement with Midland Terminal Ry. Co. referred to in foregoing Agreement of option.

affixed hereto in triplicate originals and interchangeably, the day and year first herein set forth.

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INDEX OF VOL. III.

AID.

from Pueblo County to The Pueblo and Salt Lake Ry. Co., 99.
from Bent County to the Colorado and New Mexico R.R. Co., 106.

ARAPAHOE COUNTY, COMMISSIONERS of.

grant of right of way by, to The Denver Circle R.R. Co., 360.

The ASPEN SHORT LINE RY. CO.

articles of incorporation of, 744.

first mortgage of, 749.

provision for redemption of first mortgage bonds of, by The Colo-
rado Midland Ry. Co., under its plan of conversion, 676.

lease of the railroad and property of, to The Colorado Midland
Ry. Co., 776.

ratification of said lease by the stockholders of, 783.

ratification of said lease by the stockholders of The Colorado
Midland Ry. Co., 784.

ATCHISON, TOPEKA & SANTA FE R.R. CO.

for map showing system of, in Colorado, see end of volume.

for circulars issued by, see Circulars.

agreement with The Pueblo and Salt Lake Ry. Co. and the Colo-
rado and New Mexico R.R. Co., 167.

distribution by, of stock and first mortgage bonds of The Pueblo
& Arkansas Valley R.R. Co. (II. and III.), 194.

apportionment with The Pueblo & Arkansas Valley R.R. Co. of
the moneys received from the Denver & Rio Grande Ry.
Co., 291.

settlement of all outstanding claims with Denver & Rio Grande
Ry. Co. up to March 31, 1884, 297.

acquisition by, of capital stock of The Pueblo & Arkansas Valley
R.R. Co. (III.), 300-302.

acquisition by, of second mortgage bonds of The Pueblo & Arkan-
sas Valley R.R. Co. (III.), 303–309.

acquisition by, of $140,000 first mortgage bonds of The Pueblo
& Arkansas Valley R.R. Co. (II. and III.), and disposition
thereof, 310.

former lease to, of road and property of The Pueblo & Arkansas
Valley R.R. Co. (II.), dated Nov. 15, 1875, 311.

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