9. The said Robert Levingston, and Captain Wm. Kidd, do jointly and severally agree with the said Earl of Bellamont, That in case the said Captain Kidd do not meet with the said Pirates, which went from _New England_, _Rhode Island_, _New York_, or elsewhere, as aforesaid; or do not take from any other Pirates, _or from any the King’s Enemies, such Goods, Merchandizes, or other Things of Value, as being divided as hereinafter is mentioned, shall fully recompense the said Earl, for the monies by him expended in buying the said Four Fifth Parts of the said Ship and Premises; that then they shall refund and repay to the said Earl of Bellamont, the whole Money by him to be advanced, in Sterling Money, or Money equivalent thereunto_, on or before the 25th Day of March which shall in the Year of our Lord 1697; the Danger of the Seas, and of the Enemy, and Mortality of the said Captain Kidd, always excepted: _Upon Payment whereof, the said Robert Levingston and Captain Kidd are to have the sole Property in the said Ship and Furniture; and this Indenture to be delivered up to them, with all other Covenants and obligations thereunto belonging_. 10. It is agreed between the said Parties, That as well the Goods, Merchandizes, Treasure and other Things which shall be taken from the said Pirates, or any Pirates, by the said William Kidd, as also all such Prizes as shall be by him taken from any of the King’s Enemies, shall be divided in manner following; that is to say, Such Part as shall be for that Purpose agreed upon by the said Captain Kidd, so as the same do not in the Whole exceed a Fourth Part, shall be paid or delivered to the Ship’s Crew, for their Use; and the other Three Parts to be divided into Five equal Parts, whereof the said Earl is to have, to his own Use, Four full Parts, and the other Fifth Part is to be equally divided between the said Robert Levingston and the said _Wm. Kidd_; and is to be paid and delivered them by the said Earl of Bellamont, without Deduction or Abatement or any Pretence whatsoever. But it is always to be understood, that such Prizes as shall be taken from the King’s Enemies, are to be lawfully adjudged Prizes, in the usual manner before any division, or otherwise intermeddling therewith, than according to the true Interest of the same Commission, to be granted in that behalf. Lastly, it is covenanted and agreed between the Parties to these Presents, That in case the said Captain _Wm. Kidd_ do bring to _Boston_ aforesaid, and there deliver to the Earl of _Bellamont_, Goods, Merchandizes, Treasure and Prizes to the Value of 100,000_l._ or upwards, which he shall have taken from the said Pirates, or from other Pirates, or from the King’s Enemies; that then the Ship which is now speedily to be bought by the said Parties, shall be and remain to the sole Use and Behoof of him the said Captain _Kidd_, as a Reward and Gratification for his Good Service therein.