All the expenses incurred in the said business, including the furnishing of such wardrobes as shall be mutually agreed upon--the individual expenses of both the parties--the musical instruction of the party of the second part, and the expenses of the party of the second part back to New York, are to be paid out of the receipts of such concerts, and the overplus is to be divided between the parties as follows: to the party of the first part four fifths: to the party of the second part one fifth. The amount which shall at any time be due to the party of the second part for her share in the profits shall be paid to her on demand.
In case of the death of the party of the first part before the expiration of the time herein limited, the party of the second part is to go on in the same manner under the direction and management of his legal representatives, but in all respects under the conditions of this agreement, and such legal representative is to perform all the acts and things which the party of the first part is to perform under the conditions of the agreement.
In case of the death of the party of the second part, this agreement is then to terminate, and the party of the first part shall render a true and correct account of the receipts and expenditures relating to the said business, and pay over whatever money shall remain in his hands belonging to the party of the second part, to Hiram E. Howard, now of the city of Buffalo, whose receipt therefor shall be binding upon her heirs and personal representatives.
And it is mutually agreed by and between the said parties that they will, during the time herein limited, unless prevented by illness, or other inevitable accident, diligently and faithfully devote himself and herself in and about the said business, and the management thereof, and the carrying on the same, and the affairs and business thereof, for the promoting the same for the best advantage and benefit of both the said parties.
This agreement is to commence on the tenth day of March next, and terminate on the first of May one thousand eight hundred and fifty-five; and the said party of the second part agrees to be in the city of New York on the said tenth day of March next--health permitting--and subject to the direction of the said party of the first part, as before mentioned.