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held by said First Party, pursuant to the terms of the annexed agreement relating to the custody, education and maintenance of the said children.

10. (a) That the said John Koe shall be, and he hereby is expressly, authorized, empowered and directed to deliver to the First Party herewith, all papers and documents deposited hereunder by the Second Party, and to deliver to the Second Party all the papers and documents deposited hereunder by the First Party, upon the granting of the decree of divorce in favor of the Second Party in said action in Idaho.

(b) That such delivery shall be made by the said John Koe, upon the service upon him of:

(1) An exemplified copy of said decree, by either the First or Second Parties; or

(2) A written consent thereto, signed by Richard Roe, attorney for the First Party, and Koe & Koe, attorneys for the SecondParty.

(c) That, if the said suit shall be withdrawn, discontinued, or dismissed, for any cause whatsoever, the said John Koe shall be, and he hereby is expressly, authorized, empowered and directed, to return all papers, and documents deposited by the Second Party to Koe & Koe and all papers and documents deposited by the First Party to Richard Roe.

11. That no waiver by either of the parties of any of his, or her, rights under any of the provisions of any of the agreements, decrees, stipulations, bonds and other writings between the parties hereto, herein referred to, shall operate, directly or indirectly, thereafter to impair any of the rights of either party under any of said agreements, decrees, bonds, stipulations, and other writings; and all of such agreements, decrees, bonds, stipulations, and other writings, shall, after such waiver, continue with the same force and effect, as if such waiver had not been made.

IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals, the day and year first above written.

In the presence of

John Jones.

John Doe (L.S.).

Jane Doe (L.S.).

[Annex Agreement of Custody and Schedule of Furniture.]

CHAPTER X

INDEMNITOR AND INDEMNITEE

No. 192-Bond to indemnify buyer of business against seller's breach of negative covenant not to compete, whereunder liquidated damages are provided for.

No. 193-Bond to indemnify corporation, upon issuing new certificate in lieu of lost or destroyed certificate.

No. 194-Bond to indemnify person from loss and liability as stockholder, or officer, of corporation.

No. 195-Bond to indemnify sheriff against acts of special deputy, with affidavit showing indemnitor's financial responsi

bility.

No. 196-Bond to indemnify sureties on bond of executors. No. 197-Bond to indemnify surety for executing a bond in behalf of minor.

No. 192.

Bond to indemnify buyer of business against seller's breach of negative covenant not to compete, whereunder liquidated damages are provided for.1

KNOW ALL MEN, that I, John Doe, residing at No. 111⁄2 Broadway, Borough of Manhattan, New York City, am held and firmly bound unto the Richard Roe Co., a corporation, duly organized under the laws of the State of New York, and having its principal office at No. 232 William Street, Borough of Manhattan, New York City, in the sum of ten thousand ($10,000) dollars, lawful money of the United States of America, to be paid to the said Richard Roe Co., its successors, or assigns, to which payment, well and truly to be made, I bind myself, my heirs, executors, and administrators, firmly by these presents.

1 Adapted from Diamond Match Co. v. Roeber (1887), 106 N. Y. 473, 13 N. E. 419.

Sealed with my seal, at New York City, this 5th day of January, 1923.

WHEREAS, the said John Doe heretofore, and up to the day of the date hereof, was engaged in and carried on, the business of manufacturing friction matches, at No. 232 Broadway, Borough of Manhattan, New York City, selling said matches, or causing the same to be sold, in the several states of the United States of America, and territories thereof, and in the District of Columbia; and

WHEREAS, said John Doe, for, and in consideration of the sum of thirty thousand ($30,000) dollars, to him in hand paid by the said Richard Roe Co., has, by indenture and bill of sale, bearing even date herewith, granted, bargained and sold unto the said Richard Roe Co., all of his, the said John Doe's, land and premises, situated at No. 232 Broadway, Borough of Manhattan, New York City, with the friction match factory thereon erected, together with all the machinery, tools and fixtures therein, and all the matches manufactured, and in process of manufacture, with all the materials of every kind whatsoever used in the manufacture of matches, together with the whole of the good-will of the said match business, with the sole right to the use of the name, trade-marks and labels adopted and used by the said John Doe, in manufacturing and exposing and offering for sale, and in selling, said matches, including the interest and rights of said John Doe, in and to the use of, the label, known as the "Doe label", and his, the said John Doe's, right to manufacture the "Doe match"; and

WHEREAS, as part of the consideration for the said sum of thirty thousand ($30,000) dollars so paid to the said John Doe, as aforesaid, he, the said John Doe, has agreed, and by these presents does agree, to and with the said Richard Roe Co., that he, the said John Doe, shall not, and will not, at any time, or times, within ninetynine (99) years from the date hereof (excepting in the capacity as agent, or employe, of the said Richard Roe Co.) directly or indirectly, engage in the manufacture, or sale, or be, in any way, or manner, whatsoever, interested in the manufacture, or sale, of friction matches, within any of the several states of the United States, or the territories thereof, or within the District of Columbia, excepting and reserving, however, the right to manufacture and sell friction matches in the States of Nevada and Montana:

Now, the conDITION OF THIS OBLIGATION IS SUCH that, if the

said John Doe shall not, and will not, at any time, or times, within ninety-nine (99) years from the date hereof, directly or indirectly, engage, or be, in any manner whatsoever, interested, in the manufacture, or sale, of friction matches within any of the several states of the United States of America, or the territories thereof, or within the District of Columbia, excepting within the States of Nevada and Montana, as aforesaid, then this obligation shall be void; otherwise to be and remain in full force and virtue, and the said sum of ten thousand ($10,000) dollars to be recovered and paid to the said Richard Roe Co., as and for liquidated damages.

In the presence of
John Jones.

John Doe (L.S.).

No. 193.

Bond to indemnify corporation, upon issuing new certificate in lieu of lost or destroyed certificate.2

KNOW ALL MEN BY THESE PRESENTS, that we, John Doe, residing at No. 111⁄2 Broadway, Borough of Manhattan, New York City, as principal, and Richard Roe, residing at No. 371⁄2 Broadway, Borough of Manhattan, New York City, as surety, are held and firmly bound unto the Koe Chemical Company, Inc., a corporation, duly organized under the laws of the State of New York, and having its principal place of business at No. 25%1⁄2 William Street, Borough of Manhattan, New York City, in the sum of five thousand ($5,000) dollars, lawful money of the United States of America, to be paid to the said corporation, or its successors in interest, for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, jointly and severally, firmly by these presents.

Signed, sealed and delivered, this 5th day of January, 1923.

WHEREAS, the said Koe Chemical Company, Inc., duly and regularly issued to the said John Doe, a certificate numbered 10, and dated January 5th, 1922, representing three hundred (300) shares of the capital stock of the said Koe Chemical Company, Inc. (par value one hundred dollars each); and

WHEREAS, the aforesaid principal alleges that the said certificate has been lost or destroyed, and desires the Koe Chemical Company,

2 Cf. New York Consol. Laws (1909), Ch. 59, sec. 68.

Inc., to issue a new certificate, in lieu of such lost or destroyed certificate; and

WHEREAS, the said Koe Chemical Company, Inc., is willing to issue and deliver to the said principal a new certificate for said three hundred shares of its capital stock, if the said principal shall deliver to it a bond in the sum of five thousand ($5,000) dollars, as indemnity against any claim that may be made against such corporation by reason of the issuance of either, or both, of said certificates of stock:

Now, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the said John Doe, his heirs, executors or administrators, shall, at all times hereafter, well and truly save and keep the said Koe Chemical Company, Inc., and its successors in interest, safe and harmless of and from all demands, claims, actions, or causes of action, losses, damages, and attorneys' fees, arising from, or growing out of, either of the aforesaid certificates of stock, or the issuance thereof, and shall well and truly pay to the said Koe Chemical Company, Inc., or to its successors in interest, on demand, any and all moneys that it may be required to pay, in any way, manner or form, in connection therewith, or shall deliver to the said Koe Chemical Company, Inc., for cancellation, the said certificate numbered 10, then this obligation shall be void; and otherwise it shall remain in full force and effect.

In the presence of

John Jones.

No. 194.

John Doe (L.S.).
Richard Roe (L.S.).

Bond to indemnify person from loss and liability as stockholder, or officer, of corporation.3

KNOW ALL MEN, that

WHEREAS, John Doe, residing at No. 11 Main Street, City of Mobile, State of Alabama, is about to become a stockholder and officer of the Doe Bridge Co., a corporation, duly organized under the laws of the State of Alabama:

Now, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that, if we, Richard Roe and Henry Roe, both residing at No. 3712

Adapted from Ridgell v. Dale (1849), 16 Ala. 36.

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