Page 159 - The Persian Gulf Historical Summaries (1907-1953) Vol III
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And the Company shall be bound to keep full and correct records of all measurings
and the aforesaid representative of the Ruler shall have the right at all reasonable
times to have access to these records which must be intelligible.
Article 11
(a) At any time after three years from the date of signature of this Agreement
the Company may give notice in writing to the Ruler of its intention to cancel this
Agreement after six months, and at the conclusion of such period the Agreement
shall be null and void.
(b) If such notice be given within a period not exceeding thirty years from
the date of signature of this Agreement, the Company shall have the right without
payment of any charges or imposts whatsoever to remove all its materials and
buildings and stores and possessions of every kind.
(c) If such notice be given after the passage of thirty years from the date of
signature of this Agreement, then all the property above-mentioned shall become
the property of the Ruler free of charge.
(d) At the conclusion of the seventy-five-year period of this Agreement all
movable and immovable property of the Company within the area shall be handed
over to the Ruler without charge.
Article 12
(a) The Ruler shall have right at any time to grant to a third party a Concession
for any substances other than those specified in Article 3, on condition that this shall
have no adverse efTcct on the operations and rights of the Company.
(b) Minerals which may exist in the ground such as gold, silver, copper, lead,
potash, sulphur and similar substances which the Company may discover shall be
reported to the Ruler and no working of these shall take place otherwise than
under concession or permit from the Ruler. And if the Company shall find any
place in which the existence of water is probable, this shall be reported to the
Ruler.
Article 13
Failure by the Company to comply with any of the conditions of this Agree
ment shall give the Ruler no right to make any claim against the Company nor
shall be considered as a breach of the Agreement in so far as such failure may arise
from Force Majeure. By Force Majeure is intended act of God, war, riot, civil
commotion, tide, storm, tidal wave, flood, lightning, explosion, fire, earthquake and
any other occurrence which the Company could not reasonably prevent or control.
Article 14
(a) The Ruler shall not by any special or general legislation or by any
administrative measures or by any other means cancel this Agreement otherwise
than as provided in para, {b) of this Article. No alteration in the conditions of this
Agreement shall be made either by the Ruler or by the Company except after
agreement between the two parties that such alteration is in the interests of both.
(b) The Ruler shall have the right to cancel this Agreement and take without
charge all the property of the Company within the territory if (I) the Company
fails to make any one of the payments prescribed in this Agreement within six
months of the date upon which it is due, or (2) it fails to comply with an Arbitration
award as provided in Article 15 of this Agreement.
Article 15
(a) If at any time during the currency of this Agreement there should be any
difference or dispute between the two parties as to the interpretation or execution
of any provision thereof, or anything herein contained or in connection herewith,
such dispute shall be referred to two arbitrators, one selected by each of the two
parties, and a referee to be chosen by the arbitrators before proceeding to
ar^ltT(b) *Each party shall nominate its arbitrator within sixty days after the delivery
of a request so to do by the other party, failing which its arbitrator may, at the
request of the other party, be designated by the British Political Resident in the
Persian Gulf. In the event of the arbitrators failing to agree upon the referee within