"الملف 73/7 II (D 22) وضع الكويت - سكة حديد بغداد، والمفاوضات الأنجلو تركية" [و‎‎٢‎١‎٦] (٥٤٠/٤٣٧)

Contract between the Baghdad Railway Company and the Societe de transports fluviaux
en Orient for lease of steamers and barges to ike Baghdad Railway Company
for the transport of railway material.
Article 1.—The Baghdad Railway Company agree to lease from the Societe
eteamers and lighter barges for the purpose of transporting railway material on
the Tigris, Euphrates and Shatt-el-Arab and their tributaries in Turkish Arabia.
Article The number of vessels hired are not to exceed five steamers and
eighteen lighter barges, except as provided by Article 9 or by agreement between
the parties hereto.
Article 3.—The lease of the said steamers and barges is for such a period as
mav be necessary for the purpose of transporting material in accordance with the
terms set out in"this agreement, but it shall not exceed four complete consecutive
years from the date of delivery of the steamers and barges at Basrah unless other
wise agreed upon by the parties hereto.
Article 4. —At the termination of the lease the steamers and lighter barges
are to be delivered into the possession of the Societe with all their equipment and
stores on board at the time of delivery. After the termination of the transport
of the railwav material the Syndicate is obliged to remove the steamers and barges
from the internal waters of Turkey. In case the Turkish Government should then
or at anv time give permission for the steamers and barges to remain on the iigns,
then they shall not be sold either to the Baghdad Railway Company or ^ Messrs.
Lynch or to any other party for use on the rivers of Turkish Arabia without the
consent of both parties to this Agreement and also of the Turkish Government.
Article 5.—During the period of this lease th e Ba g h 4 ad ^ ailw fy Co 1 I ?P a f ^
contemplate transporting by the said steamers and barges not less than 150 000
ton? of railway material at the rate of 2,500—3,800 each month for forty-eight
consecutive months.
Article 6.-The Baghdad Railway Company do not undertake to ensure the
steamers and barges, and accept no responsibility for damage.
Article 7 —The Societ« agree to have ready at Basrah three steamers and nine
barges eleven months after date of receipt of notice in writing from the Baghdad
Railway Company and a total of four steamers and eighteen barges fourteen months
after dlte of receipt of notice, leaving the fifth steamer to be provided at some
later date not exceeding six months from date of delivery of the fourth steamer
at Basrah.
Article S.—Strikes or combinations of workmen preventing the delivery of
steamers and barges by builders, or loss in transit by sea to Basrah, to relieve the
Syndicate from liability in respect of delay m delivery of steamers and barges a
Basrah, but they undertake to adopt all possible measures to make up for lost
time arising from such causes.
Article 9 —The Baghdad Railway Company having decided to give a part of
their railVay material to the Turks to transport between Basrah and Baghdad,
such amount being in addition to the 150,000 tons stipulated m this Agreement
it hasTeen specially agreed that if the Anglo-German-Turkish Company be formed
during the period of this Agreement the Baghdad Railway Company will give the
thole of their railway material to the Anglo-German-Turkish Company, and if
rMuired will hire additional steamers and barges from them for its transport at
the same rates and under the same conditions and terms as stipulated if re™.
Should the Anolo -German-Turkish Company not be formed, the whole of this
wtl w*b the exception of one-third, should it be necessary to give this pro-
pOTtion to the Turks, shall likewise^ be given to the Societe at the same rate
and under the same terms and conditions stipulated herein.
AHide 10 -Should the steamers and barges leased to the Baghdad Railway
rmrmanv carry more than 150,000 tons during a period of four years, the excess
tobe paicl for at the same rate and under the same terms and conditions as govern
the 150,000 tons.
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