Page 109 - The Persian Gulf Historical Summaries (1907-1953) Vol III

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delnicd area and the Kuwait-Saudi Arab Neutral Zone shall be handed over to
lCCH uu ^FCC °* co?1* Producing wells or borings at the time of such expiry
shall be handed over in reasonably good order and repair. Any impediments to
navigation erected by the Company shall, if the Sheikh so requires, be removed.

Article 14
In the event the Company desires to sell or convey any or all of its rights,
powers or interests under this Agreement it shall first obtain the written permission
of the Sheikh. It is understood between the Sheikh and the Company that such
transfer or transfers shall be made only to companies registered in the United
States of America or within any of the countries of the British Commonwealth of
Nations. It is further agreed between the Sheikh and the Company that the Sheikh
shall have the option to acquire, at the same price and terms specified in any
proposed transfer or sale, the rights and interest being offered by the Company.

Article 15
(A) Nothing in this Agreement shall be read as restricting in any way the right
of the Sheikh to grant to other parties concessions or permits relating to the defined
area for substances other than petroleum provided that the operations and rights
of the Company hereunder are not thereby injuriously affected.
If the Sheikh should at any date subsequent to the date of signature of this
Agreement grant to any other parties concessions or permits relating to the defined
area for substances other than petroleum the Sheikh undertakes that such con­
cessions shall contain provisions requiring the holders thereof to abstain from
damaging, impeding or interfering with the properly, operations and interests of
the Company.
Deposits of mineral substances other than petroleum, such as gold, silver,
copper, lead, potash, sulphur and salt or the like which may be discovered by
the Company within the defined area shall be reported to the Sheikh and shall
not be worked by the Company except under a special concession or permit from
the Sheikh.
(B) The Company shall use the Sheikhs flag within the State of Kuwait and
the defined area.
Article 16
Failure on the part of the Company to fulfil any of the conditions of this
Agreement shall not give the Sheikh any claim against the Company or be deemed
a breach of this Agreement in so far as such failure arises from force majeure,
and if through force majeure the fulfilment by the Company of any of the condi­
tions of this Agreement be delayed the period of such delay shall be added to
the periods fixed by this Agreement.
Force majeure as used in this Agreement includes the act of God, war, flood,
lightning, explosion, fire, earthquake, and any other happening which the
Company could not reasonably prevent or control.

Article 17
The Sheikh shall not by general or special legislation or by administrative
measures or by any other act whatever annul this Agreement except as provided
in Article 11. No alteration shall be made in the terms of this Agreement by cither
the Sheikh or the Company except in the event of the Sheikh and the Company
jointly agreeing that it is desirable in the interest of both parties to make certain
alterations, deletions or additions to this Agreement, and with the approval of
His Majesty’s Government.
Article 18
(A) If at any time during the currency of this Agreement any difference or
dispute shall arise between the parties hereto concerning the interpretation or
execution hereof, or anything herein contained or in connection herewith, or the
rights or liabilities of cither party hereunder, the same shall, failing any agreement
to settle it in any other way, be referred to two arbitrators, one of whom shall