WHEREAS an action has been instituted in the.. Court, ..County, by....... as plaintiff against as defendant for.. WHEREAS numerous disputes and differences have arisen between the parties by reason of which they have consented and agreed and do hereby consent and agree to continue to live separate and apart from each other. Now in consideration of the payments to be made as hereinafter stated by the Husband to the Wife it is agreed: 1. Neither of the parties will interfere with the rights, privileges, lawful doings or actions of the other and they will not interfere in any manner, or shape with one another. 2. Each of the parties is at liberty to lawfully act and do as they see fit. 3. The Husband agrees that it shall and may be lawful for the Wife at all times hereafter to live separate and apart from the Husband and he will permit her to reside and be in such places, and in such families, and with such relations, friends and other persons, and to follow and carry on such trade or business as she may choose or see fit, and that he will not at any time sue, or suffer her to be sued, for living separate and apart from him, nor sue, molest, disturb or trouble any other person whomsoever, for receiving, entertaining or harboring her; and he will not without her consent visit her or knowingly enter any house or place where she shall dwell, reside, or be, or send, or cause to be sent, any letter or message to her; nor will he at any time hereafter, claim or demand any of her money, jewels, plate, clothing, household goods, furniture which she now has in her possession or which she shall or may at any time hereafter have, buy or procure, or which shall be devised or given to her, or that she may otherwise acquire, and that she shall and may enjoy and absolutely dispose of the same as if she were a femme sole and unmarried; and further The Husband shall and will pay to the Wife dollars ($.........) each and every.. during the term of her natural life or until she shall lawfully be married to another in full satisfaction for her support and maintenance, and in full satisfaction for the support, maintenance and education of of the parties the of each and every .. .... and to be sent to the Wife by post office money order at her address number until she shall notify the party of the first part of a change in address, and thereafter from time to time, at such address as the Wife shall give to the Husband. 5. IT IS AGREED that the Husband shall have the privilege of seeing the said .... at the residence of the Wife. Separation Agreement Clause for Adjusting Payments with Income Hoffstaedter v. Hoffstaedter, 188 N. Y. Supp. 251; Stoddard v. Stoddard, 227 N. Y. 13, 124 N. E. 91. "The husband agrees to pay to the wife, during the joint lives of himself and his wife, and as long as the marriage between them shall not be dissolved by a decree of a court of competent jurisdiction, subject, however, to any limitations hereinafter provided, for the use, benefit, support, and maintenance of the wife. The payment shall be coincident with the signing of this agreement, or within.. days thereafter, and subsequent payments shall be on dollars per thereafter. In the event the annual income of the husband should at any time hereafter be at the rate of less than dollars per annum, the payments to be made by the husband shall in no event exceed per cent of the annual income of the husband, and shall continue at the reduced sum until such time as the husband's annual income shall again be at the rate of . dollars or more per annum." MISCELLANEOUS CLAUSES Clauses Relieving from Performance for Various Causes Williston- Section 1968; also Sections 1931-1979. Columbia Law Review, November, 1920, Vol. 20, No. 7, p. 776; Sparks v Brown, Inc., 184 N. Y. Supp. 557. "Sellers are not liable for any default or delay caused by any contingency beyond their control, of the control of their supplier or manufacturer, with whom they contract to cover this sale, or the manufacturer who is to furnish these goods, preventing or interfering with sellers making delivery, including war, restraints affecting shipping or credit, strike, lockout, accident, nonarrival or delay of steamer or carrier, floods, droughts, short or reduced supply of fuel or raw material, or excessive cost thereof, or of production over contracts basis, and other contingency affecting sellers or such suppliers or manufacturers, as to manufacture or supply or delivery, to or from sellers; subject also to force majeure conditions in contract or such suppliers or manufacturers. Sellers may deliver ratably with reference to all their customers and also their contracts with suppliers or manufacturers. Any delivery not made for any reason stated may be canceled at sellers' option." Clause Excusing Delivery for Shortage of Labor Rosenstein et al. v. Farish Co., Inc., 185 N. Y. Supp. 42; Krulewitch v. National Importing & Trading Co., 195 App. Div. 544, 186 N. Y. Supp. 838. "If . production... should be curtailed during the time above named by strikes, lockouts to counteract strikes, shortage of labor, or any casualty or accident or bankruptcy or insolvency,. ...deliveries shall be made pro portionate to the production." Compagnie de Trefileires v. F. & C. S. S. Co., 192 App. Div. 709, 183 N. Y. Supp. 169; "This contract is made subject to conditions of Act of Congress governing B's/L approved February 13, 1893, and to terms B's/L in use by steamer's agents including attached War Clause, and is further conditional upon the continuance of the steamship company's services and the sailing of its steamer and if at any time in the judgment of the steamship company conditions of war hostility actual or threatened as such to make it unsafe or unprudent for its vessels to sail, the sailing of any vessel or vessels may be postponed or cancelled and in that event the steamship company may at its option, cancel this contract and shall be relieved thereafter from any liability hereunder except the return to the shippers whatever cargo may have been already received under this contract. "When and so long as a state of war exists between any two European powers, the ship owners and/or its agents and/or the master may at any time either before or after the commencement of the voyage, abandon the voyage in whole or in part, or alter or vary the proposed or advertised or agreed route, and the ship may before proceeding to port of final destination, proceed to any port or ports on any coast or coasts of Europe and/or of the British Isles, in any order, and whether to discharge and/ or load passengers or cargo consigned to or from any such port or ports, or for any other purpose whatsoever, and neither the shipper nor the consignee nor the holder of the Bill of Lading shall have any slaim against the ship-owner or his agents, or the master for any loss or damage which he may sustain directly or indirectly by reason of any of the matters herein provided for or by reason of any damage to or diminution in value of the goods in consequence thereof." Producers' Coke Co. v. M'Keefrey Iron Co., 267 Fed. 22, 23. In case of strike or combination of workmen, accidents or any other cause or causes unavoidable or beyond their control, causing a stoppage or partial stoppage of the works of either the producer or of the consumer of the coke hereby contracted for, or unavoidable delay in shipment, delivery of material hereby contracted for may be partially or wholly suspended (as the case may be) during the continuance of such interruption; such suspension, however, shall not in any wise invalidate this contract, but on resumption of work the delivery shall be continued at the specified rate, and no liability shall be incurred by either buyer or seller for damages resulting from such suspension of shipments. It is understood and agreed that if there should be a shortage of cars, shipments shall be divided from time to time in fair proportion on all orders. Del., L. & W. R. R. Co. v. Bowns et al., 58 N. Y. 573. "Every effort will be made by the company for the fulfillment of its contracts for the delivery of coal; but if at any time the business of the company is so interrupted by storms, floods, breaks, accidents, combinations, turnouts, strikes among miners, or other employees, or by any other occurrence whatsoever, as to materially decrease the quantity of coal which the company would otherwise have been able to obtain and deliver at Elizabethport, during the month in which the coal now sold is deliverable, the company will not hold itself liable for, or pay any damages sustained by reason of the non-delivery of the coal now sold, or of any portion thereof, although a portion of the coal that is received at Elizabethport during said month, may, in the usual course of the company's coal sales and business, be disposed of otherwise than in the fulfillment of the contracts made by this sale; nor will the company, in case the coal now sold is not delivered, undertake a pro rata distribution among the respective purchasers of what is delivered; but in all cases of nondelivery from any of the above causes, the money paid on coal will be promptly refunded." Davids Co. v. Hoffman LaRoche Chemical Works, 178 App. Div. 855, 166 N. Y. Supp. 179. "Contingencies beyond our control, fire, strike, accidents to our works or to our stock, or change in tariff, will allow us to cancel this contract or any part of the same at our option. B. P. Ducas Co. v. Bayer Co., 163 N. Y. Supp. 32, p. 34, |