Page 81 - The Persian Gulf Historical Summaries (1907-1953) Vol III
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buildings which the Company may have bought and any houses or
buildings constructed by and other immovable property of the Company
within the State of Kuwait and said Neutral Zone shall be handed over
to the Shaikh free of cost. Producing wells or borings at the. time of
such termination shall be handed over in reasonably good order and
repair;
but
ib) if such termination occurs after 35 years from the date of signature of this
Agreement all the movable and immovable property of the Company
in the State of Kuwait and said Neutral Zone shall be handed over to
the Shaikh free of cost. Producing wells or borings at the time of such
termination shall be handed over in reasonably good order and repair.
Article 13
On the Expiry of this Agreement at the end of the period of 60 years provided
in Article 1 or of any extension or renewal of that period all the movable and
immovable property of the Company in the State of Kuwait and said Neutral
Zone shall be handed over to the Shaikh free of cost. Producing wells or borings
at the time of such expiry shall be handed over in reasonably good order and repair.
Article 14
In event the Company desires to sell or convey any or all of its rights, powers
or interest under this Agreement it shall first obtain the written permission of
the Shaikh. It is understood between the Shaikh and the Company that such a
transfer or transfers shall be made only to purchasers registered in the United
States of America or within the British Empire. It is further agreed between the
Shaikh and the Company that the Shaikh 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 Shaikh to grant to other parties concessions or permits for substances
other than petroleum provided that the operations and rights of the Company
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 for substances other
than petroleum, 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 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 shall be reported to the Shaikh and shall not be worked by the Company
except under a special concession or permit from the Shaikh.
(B) The Company shall use the Shaikh's flag within the State of Kuwait and
said Neutral Zone.
Article 16
Failure on the part of the Company to fulfil any of the conditions of this
Agreement shall not give the Shaikh 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 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 includes the act of God, war,
insurrection, riot, civil commotion, tide, storm, tidal wave, flood, lightning,
explosion, fire, earthquake, and any other happening which the Company could
not reasonably prevent or control.
Article 17
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 11. No alteration shall be made in the terms of this Agreement by