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103.
Article 6
(A) The Sheikh shall have the right to appoint from the date of signature
of this Agreement an Arab conversant with the English language to act as His
Official Representative and who will represent Him in Kuwait and the defined area
in matters relating to this Agreement with the Company and in particular whenever
unskilled labour is recruited from among the subjects of the Sheikh this Repre
sentative shall be consulted and advise the Company regarding any such recruit
ment. The salary of the Representative shall not be less than Two Hundred and
Twenty-Five United States Dollars ($225) per month, and such salary shall be
paid together with all reasonable expenses incurred by him in the performance of
his duties hereunder.
The first Representative under this clause shall be Mr. Abdulla Mulla Saleh,
M.B.E., of Kuwait.
(B) The Sheikh shall have the right to appoint from the date of signature of
this Agreement a London Representative to represent the Sheikh in all matters
relating to this Agreement and such Representative shall have full access to the
production records of the Company including the agenda of the Board meetings
and shall be entitled to attend the Board’s meetings at which the Sheikh’s interests
are discussed. The salary of such Representative shall not be less than Three
Hundred and Fifty United States Dollars ($350) per month, which shall be paid
to the London Representative by the Company and not by the Sheikh. The
Company shall also pay all travelling and other reasonable expenses incurred by
the London Representative in the performance of his duties hereunder.
The first London Representative under this clause shall be Mr. Herbert
Thomas Kemp, of the White House, Pages Lane, London, N.10.
(C) The salaries of the above representatives shall be paid to them in United
States Dollars, Sterling or Rupees as they elect at such places as they elect.
(D) If at any time during the currency of this Agreement any dispute shall
arise regarding the accuracy of the accounts of the Company in connection with
the amount of the royalty and/or other payments due to the Sheikh under this
Agreement, the Sheikh shall have the right to appoint a registered firm of auditors
of His own selection to examine the books of the Company on behalf of the Sheikh.
All expenditures incurred in connection with such auditing shall be paid by the
Sheikh.
The Company shall provide the registered firm of auditors appointed by the
Sheikh with the necessary facilities to enable them to check the books and registers
of the Company and shall render every assistance to enable the Auditors to
thoroughly examine such accounts and shall assist them in every way to safeguard
the interests of the Sheikh.
The Sheikh shall regard as confidential all information supplied in connection
with all such auditing with the exception of such items as may have an actual
bearing on the dispute or are connected with it.
Article 7
(A) The Company shall have the right to import water, petroleum, fuel,
machinery, motor cars and lorries, equipment, plant, timber, utensils, iron work,
building materials, food, supplies, medicines, medical supplies, office equipment
and household furniture, and all other materials, equipment and goods of what
soever nature required by the Company and its employees for the purposes of
its operations hereunder and not for resale to others, and to export its petroleum
and articles previously imported by the Company, free of customs or import
or export duty and taxes or other charges, but it shall pay on all personal goods,
clothing and general merchandise imported by the Company for the personal
use of its employees or for resale to them, the ordinary customs duty, taxes and
other charges in force for the time being in the State of Kuwait. Saving as in
Article 3 and in this Article provided, the Company, its operations, income, profits
and property including petroleum shall be exempt and free during the period
of this Agreement from all present and future harbor duties, import duties, export
duties, taxes, imposts and charges of any kind, whether State or local, tolls, and
land surface rent of whatever nature; and in consideration thereof the Company
shall in addition to the payments provided for in Article 3 pay to the Sheikh on
each anniversary of the date of signature of this Agreement Seven and One-Half
United States Cents (7Jc.) per ton (2,240 pounds) of petroleum on which royalty
is payable. J J