Page 192 - The Persian Gulf Historical Summaries (1907-1953) Vol III
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Article 15
Subject to the provisions of Article 18 hereof the Shaikh shall have the right
to terminate this Agreement and to lake without payment all the property of the
Concessionaire in the Shaikhdom if—
(a) the Concessionaire shall fail to make any of the payments prescribed in
this Agreement within 6 months of the date on which they fall due, or
(b) the Concessionaire shall be in default in respect of an arbitration award
under Article 20 hereunder.
Article 16
Nothing in this Agreement shall be read as restricting in any way any right
the Shaikh may have to grant to other parties concessions or permits for materials
other than the Substances as defined in Article 3 provided that the operations and
rights of the Concessionaire hereunder are not thereby injuriously affected.
If the Shaikh should at any date subsequent to the date of signature of this
Agreement grant to any other parties concessions or permits as aforesaid the Shaikh
undertakes that such concessions shall contain provisions requiring the holders
thereof to abstain from damaging, impeding or interfering with the property,
operations and interests of the Concessionaire.
Deposits of minerals such as gold, silver, copper, lead, potash, sulphur and
salt or the like which may be discovered by the Concessionaire shall be reported
to the Shaikh and shall not be worked by the Concessionaire except under any
special concession or permit which the Shaikh may have the right to grant.
Article 17
The Shaikh hereby agrees that the Concessionaire may transfer the obligations
and benefits of this Agreement to any other person or persons either wholly or
jointly with himself or to a body corporate.
Article 18
Failure on the part of the Concessionaire to fulfil any of the conditions of this
Agreement shall not give the Shaikh any claims against the Concessionaire 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 Concessionaire of any
of the conditions 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 means any happening which the
Concessionaire could not reasonably prevent or control, including Act of God, war,
insurrection, riot, civil commotion, tide, storm, tidal wave, flood, lightning,
explosion, fire, earthquakes.
Article 19
The Shaikh 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 15.
No alteration shall be made in the terms of this Agreement by either the
Shaikh or the Concessionaire except in the event of the Shaikh and the Conces
sionaire jointly agreeing that it is desirable in the interests of both parties to make
certain alterations, deletions or additions to this Agreement.
Article 20
(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 connexion herewith, or the
rights or liabilities of either party hereunder, or if the parties shall fail to agree
upon any matter herein required to be agreed between them, the same shall, failing
any agreement to settle it in any other way, be referred to two arbitrators, one of
whom shall be chosen by each party, and a referee, who shall be chosen by the
arbitrators before proceeding to arbitration.
(b) Each party shall nominate its own arbitrator within sixty days after
delivery of a request so to do by the other party failing which its arbitrator may at : =
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