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of the second part of have the privilege of taking up at their own pleasure the said track on said present bridge after the same shall have been laid down either for the purpose of removing it altogether or repairing it and the said parties of the first part do hereby further agree to release exonerate and discharge the said parties of the second part from all claims for loss to them the said parties of the first part by diminution of tolls or otherwise on the said present bridge which may or can be the consequences of the construction of the said viaduct.

In

consideration whereof and in addition to the payment aforesaid to the said parties of the first part the said parties of the second part do

here by agree to keep the present bridge in good repair

until they shall erect there said Viaduct and where their said Viaduct shall be erected they do hereby further agree to construct there upon a wagon or carriage way for the use of ordinary carriages or wagons other than rail road cars or carriages of a width not less then twelve feet in the

clear for

the use of the public reserving to themselves the right to lay and maintain a track of rails to any time the may deem it expedient so to do upon such road way and to travel thereon free from the payment of any tolls upon it there the care on rail road wagons of the Baltimore and Ohio Rail Road Company or of the Winchester and Potomac Rail Road provided the track be so laid as to afford a convenient pass way for the ordinary wagons or