File 3531/1905 Pt 1 ‘Mesopotamia:- Euphrates + Tigris S. N. Co.; Mail contract’ [‎327r] (23/148)

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at a proportionate mileage rate calculated upon tlie mileage rate of subsidy
payable under this Contract shall accrue and be paid on the voyage or
iPbyfetges completed. J 6
21. If at any time during the continuance of this Contract, or after the Disputes to be
determination thereof, any dispute shall arise between the parties hereto or settled by
their successors respectively concerning any breach or alleged breach by or arbitration *
on the part of the Company of this Contract, or the sufficiency of any such
breach to justify the Secretary of State in putting an end to the same, or
as to the liability of the Company for any delay or default, or as to whether
the Government of India or the Government Officer is justified in declarina*
any vessel inefficient or unfit for the service under clause 13, or concerning
any of the agreements and declarations, matters, or things herein contained
or in anywise relating thereto, and notwithstanding the power herein
contained to determine this Contract, and any execution or attempted execution
of such power, such dispute shall be referred to two arbitrators, one to be
chosen from time to time by the Secretary of State, and the other by the
Company, and if such arbitrators should at any time or times not agree
in the matter or question referred to them, then such question in difference
shall be referred by them to an umpire to be chosen by such arbitrators
before they proceed with the reference to them; and the joint or concurrent
award of the said arbitrators, or the separate award of the said umpire when
the said arbitrators cannot agree, shall be binding and conclusive upon both
parties.
22. And lastly, the Company do hereby bind themselves and their Damages in case
successors unto the Secretary of State and his successors in the sum of two of determination
thousand pounds as and by way of liquidated damages to be paid to the o£ t!ontract for
Secretary of State by the Company upon and in case of the determination breach ’ &c ‘
of this Contract by notice as aforesaid in consequence of a breach of Contract,
or in case of an order being made or a resolution being come to for winding
up of the said Company, or in the event of their bankruptcy, against
whose estates the said sum of two thousand pounds shall and may be proved
as a debt.
In witness whereof the said Euphrates and Tigris Steam Navigation
Company, Limited, have heremito caused their common seal to bo
affixed, and ^
being two members of the Council of India, have hereunto set
their hands and seals, the day and year first above written.
The common seal of the
Euphrates and Tigris Steam
Navigation Company, Limited,
was hereunto affixed in the
presence of
Signed, sealed, and delivered by'\
the said !
being two members of the
Council of India, in the
presence of