'File 39/7 (10/9) Kuwait Oil Concession' [‎8v] (16/88)

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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.—The Shaikh hereby agrees that the Company may transfer the
obligations and benefits of this Agreement to any Company registered within the
British Empire.
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.
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.
h'orce 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 an}^ other act whatever annul this Agreement except
as provided in Article 11. No alteration shall be made in the terms of this
Agreement by either the Shaikh or the Company except in the event of the Shaikh
and the Company jointly agreeing that it is desirable in the interest of both parties
to make certain alterations, deletions or additions to this Agreement.
Article 18.—(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 connection
herewith, or the rights or liabilities of either party hereunder, the same shall, failing
any agreement to settle it in any other way, or after consultation with the British
Political Agent A mid-ranking political representative (equivalent to a Consul) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Agency. in Kuwait or the British Political Resident A senior ranking political representative (equivalent to a Consul General) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Residency. in the Persian Gulf The historical term used to describe the body of water between the Arabian Peninsula and Iran. , 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 60 days after the
delivery of a request so to do by the other party failing which its arbitrator may at
the request of the other party be designated by the British Political Resident A senior ranking political representative (equivalent to a Consul General) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Residency. in
the Persian Gulf The historical term used to describe the body of water between the Arabian Peninsula and Iran. . In the event of the arbitrators failing to agree upon the referee
within 60 days after being chosen or designated, the British Political Resident A senior ranking political representative (equivalent to a Consul General) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Residency. in
the Persian Gulf The historical term used to describe the body of water between the Arabian Peninsula and Iran. may appoint a referee at the request of the arbitrators or either
of them.
(C) The decision of the arbitrators, or in case of a difference of opinion
between them the decision of the referee, shall be final and binding upon both
parties.
(D) In giving a decision the arbitrators or the referee shall specify an adequate
period of delay 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 that period and not
otherwise.