"ملف II (F 94) 82/34 امتياز شركة أ.ب.و.ك" [ظ‎‎١‎٢‎٢] (٣٦٢/٢٠٩)

18
{g) The expenses of arbitration shall be borne in the manner determinpH k
the award. u D y
Article 23.
(I) In full settlement of all the claims of the Government of any nature in
respect of the past until the date of coming into force of this Agreement (excent
in regard to Persian taxation), the Company {a) shall pay within a period of thirtv
days from the said date the sum of one million pounds sterling (£1,000,000) and
besides (h) shall settle the payments due to the Government for the financial years
1931 and 1932 on the basis of article 10 of this Agreement and not on that of the
former D'Arcy Concession, after deduction of the sum of two hundred thousand
pounds sterling (£200,000) paid in 1932 to the Government as an advance against
the royalties and £113,403 3^. 10^. placed on deposit at the disposal of tta
Government.
(II) Within the same period, the Company shall pay to the Government in
full settlement of all its claims in respect of taxation for the period from the
21st March, 1930, to the 31st December, 1932, a sum calculated on the basis of
sub-clause {a) of clause I of article 11, but without the guarantee provided in
sub-clause (&) of the same clause.
Article 24.
If, by reason of the annulment of the D'Arcy Concession, litigation should
arise between the Company and private persons on the subject of the duration of
leases made in Persia before the 1st December, 1932, within the limits allowed by
the D'Arcy Concession, the litigation shall be decided according to the rules of
interpretation following :—
{a) If the lease is to determine, according to its terms, at the end of the
D'Arcy Concession, it shall retain its validity until the 28th May,
1961, notwithstanding the annulment of the said Concession.
{h) If it has been provided in the lease that it shall be valid for the duration
of the D'Arcy Concession and in the event of its renewal for the
duration of the renewed Concession, the lease shall retain its validity
until the 31st December, 1993.
Article 25.
The Company shall have the right to surrender this Concession at the end of
any Christian calendar year on giving to the Government notice in writing two
years previously.
On the expiry of the period above provided, the whole of the property of the
Company in Persia (defined in article 20 (III)) shall become free of cost and
without encumbrances the property of the Government in proper working order
and the Company shall be released from any engagement for the future. In case
there should be disputes between the parties concerning their engagements before
the expiry of the period above provided, the differences shall be settled by
arbitration as provided in article 22.
Article 26.
This Concession is granted to the Company for the period beginning on the
date of its coming into force and ending on the 31st December, 1993.
Before the date of the 31st December, 1993, this Concession can only come to
an end in the case that the Company shall surrender the Concession (article 25) or
in the case that the Arbitration Court should declare the Concession annulled as a
consequence of default of the Company in the performance of the present
Agreement.
The following cases only shall be regarded as default in that sense:—
{a) If any sum awarded to Persia by the Arbitration Court has not been paid
within one month of the date of the award.
(&) If the voluntary or compulsory liquidation of the Company be decided
upon.