'Agreement for the exploitation of sulphur in Kuwait [between] His Majesty's Government in the United Kingdom and Eastern Gulf Oil Company Limited' [‎1r] (1/4)

THIS
AGREEMENT
dated the Twenty third day
of October One thousand
nine hundred and forty is made BE TWEEN HIS MAJESTY^ GOVERNMENT
III THE UNITED KINGDOM (hereinafter called u His Majesty 1 s Government") of
the one part and EASTERN GULF OIL COMPANY LIMITED (hereinafter called
"the Company" which expression shall where the context so admits be
deemed to include its successors and/or assignees) of the other part.
WHEREAS the Company has entered into an Agreement with the
Shaikh of Kuwait (hereinafter called "the Shaikh") dated the Fifth day of
June One thousand nine hundred and forty, and in connection therewith
certain responsibilities may devolve on His Majesty’s Government
(particularly if the Company should exercise its option under the First
Schedule of such Agreement), the Company has agreed with His Majesty’s
Government as follows
1. THE Company, any transferee Company and any subsidiary Company that
may be created shall be and remain a British Company registered in the
British Empire,
2. NOTWITHSTANDING anything contained in the Agreement between the
Company and the Shaikh the obligations and benefits of that Agreement
shall not be transferred to any other company without the prior consent
in writing of His Majesty’s Government, which consent shall not be
unreasonably withheld.
3. THE employees of the Company in Kuwait shall at all times so far as
is consistent with the efficient carrying on of the undertaking be
British subjects or subjects of the Shaikh. With the consent of the
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. at Kuwait, which consent shall not be unreasonably
withheld, persons of other nationalities, particularly Americans, may be
employed.
NOTWITHSTANDING anything contained in the Agreement between the
Company and the Shaikh, the importation of foreign native labour shall be
subject to the approval of the 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. .
4. SUBJECT to the terms of the Concession the Company undertakes at all
times to pay due deference to the wishes of the Shaikh and to the advice
of the 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. and the 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. ,
5. THE right given to the Company by its Agreement with the Shaikh to
utilise means of transportation by air shall be subject to any general
regulations for civil aircraft; made by the Shaikh on the advice of His
Majesty’s Government.
6. IN the application of the right given to the Shaikh by his Agreement
with the Company to make full use free of charge of the Company’s wireless
and telegraph installations and railways for governmental purposes in
times of national emergency, the Shaikh acting on the advice of His
Majesty’s Government shall be the sole judge whether a "national
emergency" has arisen.
7. NOTWITHSTANDING anything contained in the Agreement between the
Company and the Shaikh the Company shall not have the right to use or
occupy, and shall not include in the areas selected for the purposes of
its operations, any sites which may have been selected by or on behalf of
the Shaikh or His Majesty’s Government for defence purposes, for aerodromes,
aeroplane or seaplane bases or for wireless and telegraph installations or
in connection with the development of harbours, provided that with the
consent of His Majesty’s Government which shall not be unreasonably with
held the Company shall have the right to use for the purposes of its
operations such harbours as may be developed by the Shaikh or His
Majesty’s Government if there is not reasonable harbour accommodation
available elsewhere. Harbours developed by the Company shall be Tinder its
complete and exclusive control.
d)