Page 168 - The Persian Gulf Historical Summaries (1907-1953) Vol III
P. 168

163

                                       Article 23
             If the Company delays for more than 60 days from its due date payment
         of any amount due under the terms of this Agreement or fails to fulfil any of its
         obligations under Articles 6, 7, 15 or 16, the Ruler may warn the Company to make
         such payment or to perform such obligations; and if the Company fails within
         the next 120 days to pay what is due or to perform or to commence to perform
         such obligations (provided that the matter has not been referred to arbitration in
         accordance with the provisions of Article 28 hereof) the Ruler shall have the right
         to terminate this Agreement and to take without payment the property of the
         Company in the concessional area.
             The Ruler shall also have the right to terminate this Agreement and take with­
         out payment the property of the Company in the concessional area if the Company
         shall be in default in respect of an arbitration award given under Article 28 hereof.

                                       Article 24
             The Company may terminate this Agreement at any time it so desires, and
         shall give to the Ruler written or telegraphic notice thereof three months before
         such termination. Telegraphic notice shall be confirmed in writing.

                                       Article 25
             On termination of this Agreement as provided under Article 24, or upon
         expiry thereof, both the Ruler and the Company shall be free from further
         obligations hereunder except as follows: —
             (1)  The Company shall pay all amounts due from it to the Ruler hereunder
                  up to the actual date of termination.
             (2)  The Company’s immovable properties in the concessional area or elsewhere
                   in Abu Dhabi (such as roads, water or oil wells and their casing,
                   permanent buildings and erections, structures and such-like assets) shall
                   become the property of the Ruler free of charge.
             (3)  The movable properties owned by the Company in the concessional area
                   or elsewhere in Abu Dhabi shall be offered to the Ruler to purchase
                   at a price to be agreed with the Company; if the Ruler does not desire
                   to purchase them or no agreement is reached as to price, then the
                   Company shall have six months within which to remove them, and if
                   not removed in that period they shall become the property of the Ruler
                   without charge.
                                       Article 26
             The Company is hereby given the right to assign its rights, privileges and
         obligations under this Agreement to a company incorporated for the purpose of
         operating this concession; and it shall inform the Ruler accordingly. Such com­
         pany shall specifically assume all these same rights, privileges and obligations.
             The Company is authorised to form such other companies as it may consider
         necessary to conduct auxiliary operations such as refining, transportation, &c.
                                       Article 27
             Failure on the part of the Company to fulfil any of the conditions of this
         Agreement shall not give the Ruler any claim against the Company or be deemed
         a breach of this Agreement in so far as such failure arises from force majeure, and
         in such case, the period of this Agrement and the things to be done thereunder
         shall be extended and excused by a period equivalent to the period required to
         repair the damage or to start or resume work stoppage caused by reasons of the
         force majeure under reference. Force majeure as understood in this Agreement
         includes on act of God, War, Insurrection, Riot, Civil Commotion, Tide, Storm,
         Tidal Wave, Flood, Lightning, Explosion, Fire, Earthquake or any other happening
         which the Company could not prevent or control.
                                       Article 28
             (1) If any doubt or dispute shall arise between the parties hereto or between
         the Ruler and the Company concerning the interpretation hereof, or anything herein
         contained or in connection herewith, or concerning the rights or liabilities of either
               46467                                                  Y 2
   163   164   165   166   167   168   169   170   171   172   173