204
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ARTICLE 23.
Upon any such taking over and purchase and at all times thereafter the Com- pany shall on demand execute and do all such assurances and things as may be rea- sonably required by the Government for assuring and vesting its undertaking in the Government or as it shall direct.
The undertaking so taken over as aforesaid shall as soon as reasonably possible be paid for by the Government in accordance with the then condition and value thereof and any dispute or difference between the parties as to the amount so to be paid shall be referred to arbitration in accordance with the provisions of this Agree-
ment.
Upon any such taking over the Government shall not be compelled to purchase any plant, apparatus, machinery or any other property whatsoever of the Company which is then obsolete or unserviceable.
Upon any such taking over nothing shall be paid for or allowed in respect of the goodwill of the Company's undertaking or for any loss of estimated profit resultant on such taking over, or for any profits whatever except up to and including the date of such taking over.
The Government shall pay to the Company, interest at the rate of eight per cent per annumn upon the amount of the purchase money from the date of taking over until the date of payment.
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In witness whereof the said Sir WILLIAM PEEL, has hereunto set his hand and the Company has hereunto affixed its seal the day and year first before written.
Signed by His Excellency
Sir WILLIAM PEEL, K.B.E., C.M.G.,
in the presence of
:
Sealed with the common seal of Imperial
and International Communications Limited
and signed by
in the presence of
205
ARTICLE 24.
All notices or other communications intended for the Government shall be addressed to the Colonial Secretary Hong Kong and all notices or other communica- tions intended for the Company shall be addressed to the Imperial and International Communications Limited at their office in Hong Kong.
ARTICLE 25.
Any claim, dispute, difference doult or question which may arise touching the carrying out or construction of any of the provisions of this Agreement or as to any matter in any way connected with or arising out of this Agreement or the ope- ration thereof or the obligations, rights, duties or liabilities of the Government or the Company or of any person in connection with or arising out of the same shall be referred to arbitration in accordance with the provisions of the Code of Civil Pro- cedure (Hong Kong Ordinance No. 3 of 1901) in the same way as if all the parties concerned had entered into a written Agreement with one another to submit the claim, dispute, difference, doubt or question to the arbitration of two arbitrators.
ARTICLE 26.
OR WHETHER OR NOT THIS AGREEMENT IS IN FORCE
The establishment, maintenance or having in possession by the Company of any wireless telegraph (or telegraphy) station in the Colony is subject to the prero- gative and other rights of the Crown and to the law relating to wireless telegraphy in particular to the provisions of section 4 of the Wireless Telegraphy Ordinance, 1926, which require the grant of a licence under the said Ordinance. This Agree- ment shall be cancelled if a licence in terms the same, mutatis mutandis as those in the licence of the Post Master General contained in the Licence and Agreement referred to in Article 4 shall not be obtainable by the Company.