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to be a breach of this Agreement in so far as such failure arises from Force Majeure
and in such case the period of this Agreement and of the things to be done there
under shall be extended by a period equivalent to the period of such failure and of
the period required to repair damage and/or start or resume any stoppage of work
caused by reason of the Force Majeure under reference.
2. “ Force Majeure ” as understood in this Agreement means any happening
affecting the Company’s operations in Qatar which the Company could not prevent
or control and against the consequences of which it could not reasonably be
expected to make advance provision, Act of God, war, the threat of imminent
war, restraints imposed by Governments, strikes, riots, civil commotions, insurrec
tion, tides, storms, tidal waves, floods, lightning, explosion, fire or earthquake.
Article 28
1. If any doubt or dispute shall arise between the Sheikh and the Company
concerning the interpretation of this Agreement or concerning the rights or liabili
ties of either party, and if the two parties fail to settle it in any other way, the
matter shall be referred to two arbitrators, one of whom shall be chosen by each
party, and to a referee chosen by the arbitrators before proceeding to arbitration.
2. Either party shall nominate its own arbitrator within 30 days after the
delivery of a request to do so 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 a referee
within 60 days after being chosen or designated, the British Political Resident in
the Persian Gulf may appoint a referee at the request of the arbitrators or either
of them.
3. The decision of the arbitrators or, in the case of a difference of opinion
between them, the decision of the referee shall be final and binding upon the
Sheikh and upon the Company.
4. In giving a decision the arbitrators or the referee as the case may be shall
specify an adequate period of time during which the party against whom the
decision is given shall conform to the decision and that party shall be in default
only if that party has failed to conform to the decision prior to the expiry of the
period and not otherwise.
5. The place of arbitration shall be in Qatar unless the parties otherwise
agree.
Article 29
The Sheikh and the Company shall not make any alterations in the terms of
this Agreement save by mutual agreement to secure their joint advantage, and
except with the approval of Her Britannic Majesty’s Government.
Article 30
This Agreement shall be binding upon both parties and their successors and
assigns. It has been written in Arabic and English and all due care has been taken
to make the two texts identical in meaning. If, however, any difference should
arise at any time as to the meaning or interpretation of any article the Arabic text
is to be relied upon.
The Schedule Referred to
1. “ Posted prices ” for Qatar crude oil for each day shall be the sellers’
posted prices applicable to that day f.o.b. seaboard terminal (expressed in shillings
per ton) as quoted from time to time by Platts Oilgram for the quality and gravity
concerned adjusted if necessary as set out below.
2. If more than one sellers’ posted price is quoted for Qatar crude oil of the
same quality and gravity the simple arithmetic average of all such postings shall
3. If any sellers’ posted price is quoted for units other than “ tons,” it shall
be converted to a price per 44 ton ” by using the conversion factor (as laid down
in the Institute of. Petroleum’s Tables for measurement of oil dated July 1945 or
subsequent revisions thereof) applicable to the actual gravity of the crude oil to
which the Quotation relates.
4. 44 Posted prices ” shall be rounded off to the nearest one penny per ton •
e.g., 0-5000d. to 1-4999d. inclusive shall be considered as Id.