Memorandum of AGREEMENT, between The Pittsburgh College of Pharmacy and the Pittsburgh Dental College, made and entered into the 28th day of January 1905.
WHEREAS, each of the parties hereto is a corporation, incorporated and existing, as a corporation not for profit, under the laws of the State of Pennsylvania; and said Colleges are both affiliated with the Western University of Pennsylvania, and are thus associated together, under the common headship of said University, as the Department of Pharmacy and Dentistry, respectively, of said University:
AND WHEREAS, said College of Pharmacy is the owner of a large building, at the corner of Bluff and Pride Streets, in the City of Pittsburgh, Allegheny County, Pennsylvania, in which it now conducts its work; and said building is well adapted for the joint and common use of said two Colleges; and it is desirable that said two Colleges for the sake of economy and convenience in the operation and administration thereof, should join in the use and occupation of said building.
NOW THEREFORE IT IS AGREED between the said parties, The Pittsburgh College of Pharmacy, and the Pittsburgh Dental College, that; they shall and will, unite and join in the use and occupation, and in the cost and expense of the maintenance of said building, which is owned by said College of Pharmacy, upon the terms and conditions herein set forth and specified, to-wit:
1. Said joint and common use and occupation shall begin on the first day of April 1905, and shall continue for a period of ten(10) years from the first day of July 1905, unless this contract is sooner annulled, according to the provisions hereinafter set forth.
2. The College of Pharmacy shall have the exclusive use of the following described rooms and apartments in said building, viz:
The lecture room on the third floor of the recent addition to said building, (which is hereafter mentioned as the "new building"):
The front half of the large room on the first floor of the "old" building; to be used as a students' study room;
The large room on the third floor of the Old building now used as a Pharmaceutical laboratory;
The small room on the same floor used as a research laboratory;
The small room on the first floor of the old building to be used as a supply room.
3. The Dental College shall have the exclusive use of the following described rooms and apartments, viz:
The two rooms on the first floor of "New" building, to be used as a Dental infirmary;
The large room on the fourth floor of the New Building (now known as lecture room No. 1) to be used as a prosthetic laboratory;
The entire fourth floor of the ''old'' building, to be used for a lecture room and plaster room;
The rear half of the large room on the first floor of the Old building, to be used as a students' study room;
The small stock or supply room in the southeast corner of the Chemical laboratory.
4. The two Colleges shall jointly use and occupy, with equal rights and privileges therein, except as specified, the following described rooms and apartments:
The large amphitheater on the Second floor of the New building, to be used by the Dental College only in the forenoons of the first five days of the week;
The small room adjoining the amphitheater on the second floor of the New building, to be used as a lecture supply room;
The small room on the fourth floor of the New building, to be used as a technic and microscopic laboratory;
The chemical laboratory on the second floor of the old building, to be used as chemical laboratory in the mornings by College of Pharmacy, and in afternoons by Dental College;
The Ladies' study room on the second floor of the old building;
All the halls and toilet rooms;
The office in the new building; in which the Dental College shall have desk room.
The use of said rooms and building shall be subject to the rules and regulations made, and hereafter to be made, by the College of Pharmacy.
(1) The amphitheater shall be used by the Dental College at such times as may be mutually agreed upon by the deans of the respective Colleges, but only during the forenoons of the first five days of the week.
In case the deans are unable to agree upon such times, the matter shall be referred to a third person chosen by the two deans, and his decision in the matter shall be final and binding upon both parties.
(2) The Dental College shall cause its students to conduct themselves in a quiet and orderly manner, while in or about any portion of said building or premises, and in accordance with the rules of the College of Pharmacy, as prescribed for the government of students of Pharmacy; and shall pay for all damage or injury to the building or furniture caused by its students, agents or employees.
(3) The Dental College shall keep a Professor, Assistant or Instructor at all times in every lecture room or laboratory while such room or laboratory is occupied by students, and such rooms are to be kept closed and locked at all times when no professor, assistant or instructor is present.
5. The Dental College will not make any alterations in any part of said building without the consent of said College of Pharmacy; and will pay the entire expense of all such alterations and changes as it may make in said building or any part thereof, and for all additional gas and water fixtures, piping or plumbing which it shall desire.
6. The Dental College agrees not to maintain, or permit to be maintained, any dissecting room upon said premises.
7. All signs advertising the Dental College, upon the premises, shall be of such size and character, and shall be located in such places as the College of Pharmacy shall determine.
8. With the exceptions hereinafter provided the College of Pharmacy shall pay all the expenses of maintenance of said building, including the interest on the mortgage on said property, heat, light and water used in said building, insurance, janitor's services, and repairs to keep the building in as good condition as it now is.
The Exceptions to the above stipulation are, that the Dental College shall pay for all gas used for other purposes than illuminating, in its soldering room and prosthetic and technic laboratories, for which it shall put in a separate meter; and if said Dental College desires to use electric current, for lighting or other purposes, it shall provide, at its own expense, the wiring and attachments therefore (which shall conform to the rules of the Board of Underwriters), and shall pay for all electric current so used by it: and said Dental College shall employ and keep a competent person for the care and cleaning of the rooms exclusively used by it, and to assist in the care and cleaning of the other parts of said building; but such person shall be acceptable to the College of Pharmacy and shall at all times be subject to the directions of the Janitor of the building employed, as aforesaid, by the College of Pharmacy.
9. In addition to the special expenses assumed by it, as above mentioned, the Dental College shall pay to the College of Pharmacy, toward the general expense of maintenance of said building, for the first three (3) years of the term of this contract, the sum of three thousand dollars ($3000) per year; for the second three years (3) the sum of three thousand five hundred dollars ($3500) per year; and for the remaining four (4) years, the sum of four thousand dollars ($4000) per year, which sums shall be divided into equal quarterly payments, and shall be payable on the first days of April, July, October, and January in each and every year.
10. The Dental College shall be entitled to have possession of said apartments and rights in said building on the first day of April, 1905. This contract shall continue and remain in force for the ten (10) years from the first day of July 1905, except that it may be annulled or rescinded at any time by the mutual consent of the parties, and, at the end of the third year or at the end of the sixth year, but not during the intervening years, it may be annulled or rescinded at the option of either party, upon giving to the other notice in writing of such intention to annul or rescind, three (3) months prior to the end of such year.
11. In case there shall arise disputes at any time between the parties to this contract, as to the interpretation of any of the provisions thereof, or as to the damages growing out of any violation thereof, or any other dispute growing out of this contract, said disputed questions shall be referred to a Board of arbitration, to be selected as follows: one member of said Board shall be selected by the Dental College, one member by the College of Pharmacy, and the two thus chosen shall select a third member, and the decision of such arbitrators shall be final and binding upon both parties.
This agreement is executed in duplicate.
IN TESTIMONY WHEREOF the said parties have, respectively, caused to be affixed hereto their common and corporate seals, by the hands of their presidents, and attested by the signatures of their secretaries, at Pittsburgh, in said County and State, this 28th day of January 1905.
Seal of College of Pharmacy
Attest: H. L. Lohmeyer
Secretary