File 3632/1912 ‘Telegraphs – Wireless in Persia’ [‎311r] (626/640)

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E. The said parties of the first part, for themselves and each of them,
their and each of their successors and assigns, agree as aforesaid not to make
any reduction or abatement from their or any of their ordinary tariff rates
for, or make any working or traffic arrangement with, or do any act for
the special encouragement or benefit of any company or person other than
the parties of the second part, their successors or assigns, for or in respect of
telegraphic messages for transmission by the cables of the said parties of the
first part or any or either of them.
F. If at any time hereafter the companies parties hereto, or any or either
of them, shall acquire title to or control over any line or lines of telegraph
other than those now owned, leased, or controlled by them, such newly
acquired lines shall be included in and subject to all the stipulations and
provisions of this agreement.
Second Article.
The parties of the second part, for themselves and each of them, their and
each of their successors and assigns, agree with the parties of the first part,
and each of them, their and each of their successors and assigns, that so long
as this agreement shall be in operation, they will, at their own expense,
maintain in good working order and condition (subject only to such temporary
interruptions as cannot with reasonable care be avoided) and operate all the
said land lines in America, and all the other lines of telegraph now belonging
to or worked by them, or either of them, and all extensions of the systems of
the said parties of the second part, or either of them which shall be brought
into operation while this agreement shall be in force, and do further so agree
that they will not sell, assign, transfer, lease, or othenvise part with the
control or possession of such lines or extensions, or any of them, or any part
thereof, except to a transferee or lessee, who prior to or simultaneously with
the execution of such transfer or lease, shall to the satisfaction of the parties
of the first part assume the execution of all the obligations and undertakings
of the parties of the second part to this contract, or any or either of them
hereunder.
It is considered that the interests of the parties of the first part in
maintaining their respective cables in efficient working order is sufficient to
guarantee that they will respectively do their utmost so to maintain them,
and accordingly having regard to the special difficulties that may beset the
reparation of a submarine cable, it is not intended that the parties of the
first part shall come under any obligation to the parties of the second part or
any or either of them with respect to the maintenance or repair of their
respective cables or any line or lines of telegraph worked by them or any
or either of them.
Third Article.
The parties of the second part, for themselves and each of them, their
and each of their successors and assigns, agree to transmit over their
respective lines without delay, all messages delivered to them or either of
them, by or destined for, the parties of the first part or either of them, their
or either of their successors or assigns in the order in which the same are
received, except that Government messages are to have priority.
Fourth Article.
A. The parties hereto of the first part shall from time to time fix the rates
to be charged for cable messages and during the continuance of this agree
ment the parties of the second part shall receive from or charge to the
parties of the first part in respect of all messages passing over or transmitted
by the cables of the parties of the first part and by the land lines of telegraph
belonging to or used or worked by any or either of the companies parties to
this agreement, between any or either of the termini in America of the cables
of the companies parties hereto of the first part, respectively, on the one
hand, and the city of New York and places east thereof and in Canada on the
other hand (except service messages) the following rates, that is to say, for
each and every word of such messages for which the cable rate shall be
2 s. per word, the sum of 3 ^ cents per word, and so on in proportion for
each word of such message, the cable rate for which shall be in excess of or
less than 2 s. per word, but in no case shall the said proportion be less than
a 39798. Z