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and to hold the same so long as the said party of the second part shall continue 
-o carry out the objects and purposes defined in its present charter, or any 
amendment of said charter, and shall maintain and administer on said lands a 
botanic garden and arboretum as provided in Chapter 618 of the Laws of 1906; 
and shall faithfully keep, perform and observe the covenants and conditions 
herein contained on its part, to be kept, performed and observed until said land 
and the building or buildings erected thereon shall be surrendered by the said 
party of the second part as hereinafter provided. A map or diagram of the 
land covered by this agreement is appended herewith. 
Limitations of Use of Property 
SECOND.—That as soon as practicable after the execution of this agree- 
ment, and upon a date to be mutually agreed upon by the parties hereto, 
the party of the first part agrees to transfer, in accordance with the authority 
granted by said Chapter 618 of the Laws of 1906, and the party of the second 
part agrees to take over said land and any building or buildings thereon, and 
the equipment of the same, and from and after said date the party of the second 
part shall have the exclusive use of the whole of said land, and of any building 
or buildings and equipments located thereon subject to the provisions herein 
contained, and without any other limitation whatever during the continuance 
the term hereby granted, or until the surrender thereof as herein provided. 
Plans and Development 
Tuirp.—That plans for said botanic garden and arboretum shall be pre- 
pared as soon as possible after the execution of this agreement, and upon 
their approval by the Board of Park Commissioners of said Cit y of New 
York, the party of the second part shall proceed to establish, develop and 
maintain on the said land a botanic garden and arboretum in accordance 
with said plans. 
Use of Buildings 
Fourtu.—That upon the completion of any plant house or plant houses, 
or rooms for instruction in botany on said land by the party of the first part, 
acting through its Board of Park Commissioners, the Brooklyn Institute 
of Arts and Sciences shall enter into possession of said plant house or houses, 
and rooms for instruction, and shall use the same in connection with, or asa 
part of said botanic garden and arboretum for the care and culture of tender or 
other plants, indigenous or exotic, oe for the giving of instruction in bot 
to the residents of the City of New York, in accordance with the provisions 
of Section 2 of said Chapter 618 of a Laws of 1906. 
jen 
Loss by Fire, and Repairs 
FirtH.—That neither the party of the first part, its successor or suc- 
cessors, shall be in any manner chargeable or liable for the preservation 
of said plant house or plant houses, or rooms for instruction, or other structures, 
or for the machinery or equipment, or contents thereof, or for the property of 
the party of the second part which may be placed in said botanic garden and 
arboretum covered or included ice this agreement, or in any buildings, 
jon 
