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provided that the petition for a patent be granted

And the Said B.F. Berry and J S Funk parties of the second part [[strikethrough]] parties of the second [[/strikethrough]] further agree to prosecute the buisness of selling looms and the patent for the right to make use them to others, with ordinary energy and skill until the whole territory is disposed of.
And the said B F Berry and J.S. Funk parties of the second part further agree that they will pay to T. Henry Tibbles the party of the first part one third of the proceeds of each sale of the Patent until they shall have paid him the sum of two thousand dollars in good and lawful currency of the United States
And the Said  B F Berry and J.S. Funk parties of the second part further agree that if from any cause they should fail to prosecute the above buisness of selling looms and the Patent therefore and permanently decease therefrom at any time before the above two thousand dollars shall have been paid to the said  T. Henry Tibbles party of the first part, Then the said B F Berry and J.S. Funk hereby bind themselves their heirs and assigns