rights of the company hereunder shall absolutely cease and determine.

11. In case no notice in writing is given as aforesaid, or in case the city fails to proceed with said arbitration or in case the amount of said award is not paid by the city within six months from the date of the award, the right of the city as herein provided to take over the said works and plant shall thereupon cease and determine for a period of five years, and all powers, rights, liberties and franchises hereby granted, and all the provisions of this agreement shall continue for a further period of five years except in so far as they are exclusive, and at the expiry of such term of five years the right to purchase, and in the alternative the right of renewal to the company, shall again arise and be exercisable in the manner aforesaid, and so on from time to time at the expiry of each successive period of five years.

11. Nothing herein contained shall be taken or read as relieving the company from the obligation to observe the terms and provisions of any and all bylaws of the city passed by the city council thereof, in the bona fide exercise of its legislative authority, but not inconsistent herewith. And nothing herein contained shall be construed as relieving the company from the payment of any rates, taxes or assessments which may be lawfully imposed.

12. In view of the large expenditure being incurred by the company in providing a supply of natural gas for the city and constructing the pipe line, distributing system and other works for supplying natural gas to the city and inhabitants thereof, the city hereby further covenants and agrees with the company that the franchise, and all the rights, powers, privileges and liberties hereby granted, shall be exclusive for the supplying of natural gas to consumers thereof within the limits of the city as the said limits may be from time to time extended for a period of twenty (20) years from the execution hercof and that during the said period the city will not itself, use, or permit any other person, firm or corporation to use, or consent to any other person, firm or corporation using the streets, squares, highways, lanes, alleys, grounds, parks, bridges, thoroughfares and other public places hereinbefore mentioned, or any of them, for the purpose of laying gas pipes along, through or under the same, provided, however, that if the company shall fail to supply natural gas in the city to the extent of seventy-five per cent. of the requirements therefor of the domestic consumers in the city using natural gas for domestic purposes, for a period of three months except the twelve months next following the company's beginning to supply natural gas, for any cause save and except accident, or other cause beyond the control

of the company, other than lack of supply, the privileges hereby granted shall cease and determine in so far as they are exclusive; and if the city has not prior to the time when the company is again able to supply natural gas to the extent of the requirements therefor, entered into any contract, agreement or arrangement inconsistent herewith, the said exclusive privileges as regards natural gas as hereby granted shall be revived in full force and effect.

13. The company proposes to apply to the Legislature of the Province of Saskatchewan at its next session for an enactment by the Legislature which will ratify and confirm the granting of the powers, rights, privileges, liberties and franchises hereby granted, and the city agrees to assist and support such application, it being understood that the expenses of such application and of all other expenses in connection with the securing of the said legislation will be borne by the company.

14. The company within sixty days after the council has been authorised by the vote of the burgesses to enter into this agreement, the passing of the bylaw authorising the execution. thereof and the same has been executed on behalf of the city, will commence drilling operations and upon wells being completed capable of supplying an average of twenty million cubic feet per day of twenty-four hours to consumers, or sooner, at the option of the company, it will commence the construction of a pipe line from the said wells to the city, or a main pipe line to supply various cities and towns from which a branch shall be constructed to the city, and will construct a distribution system within the city for supplying natural gas to the inhabitants thereof, and will fully complete the said system within twelve months from the comnencement thereof, and should the company prior to the commencement of the construction of the said pipe line or distributing system fail to continuously carry on drilling operations for a period of three months for any cause save and except strikes, delays in obtaining material, acts of God or the king's enemies, any act or regulation of the Government of the Dominion of Canada, or the Province of Saskatchewan, or other cause or circumstances beyond the control of the company, the franchise hereby granted shall become null and void and all the rights and claims of the parties hereto cease and terminate, and should the company fail to complete the said pipe line and distributing system within the said period. of twelve months after the commencement of the construction thereof for any cause save and except strikes, delays in obtain ing material, acts of God or the king's enemies, any act or regulation of the Government of the Dominion of Canada or the Province of Saskatchewan, or other cause or circum

stances beyond the control of the company, it shall pay the city the sum of $10.00 per day for each and every day after the expiration of twelve months after the company comiences the construction of the said main pipe line from the wells of the company to the city until said pipe line and distributing system shall be fully completed, payable at the end of each and every month.

The company will have so far completed the pipe line and distributing system as to be ready to deliver gas to consumers in the city and will actually be supplying gas to the requirements hereinbefore set forth within two years from the first day of November next. If it fails to do so the council of the city may extend the time for such further period or periods as it may deem advisable and unless such time has been extended by the council of the city, all the exclusive rights and privileges hereby granted to the company may at the option of the city cease and determine:

Provided that before the time for the commencement of the construction of the said pipe line the company will apply for, and the city will support at the cost of the company its applications and use its best efforts to obtain from the Legislature of the Province of Saskatchewan for the company the right to construct its said pipe line along the road allowances and the power to expropriate a right of way for the said pipe line across private property, and any delay occasioned by failure to obtain such rights shall not be included in the periods of limitation above mentioned, but such periods of delay shall not extend beyond the next session of the Legis lature at which such application can be made.

15. This Agreement shall be binding upon and shall enure to the benefit of the successors and assigns of each of the parties hereto.

In Witness Whereof, the parties hereto have hereunder affixed their corporate seal under the hands of their proper officers in their behalf.

TABLE OF PUBLIC STATUTES AND INDEX