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PUBLIC RECORD OFFICE

Reference :-

mwimmin

TTTTIC.O.885

PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-

COPYRIGHT PHOTOGRAPH-NOT TO

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Article 5. The Contractors shall, within fourteen days of the signing of the Con- tract, subject to the due performance by

of the obligations on their part hereinafter contained, proceed with the manufacture of the Cable with all reasonable despatch, and shall, unless prevented by any of the causes hereinafter mentioned, complete and finish the manufacture and shipment of the Cable mentioned in the Specification and shall then transport and lay the said Cable between Fanning Island and Fiji, and complete the connections thereof in an efficient manner between the terminal point of the Cable at Fanning Island and the terminal point of the Cable at Fiji.

Article 6. The Contractors shall not be liable for any delay arising from strikes or lock-outs, or any combination affecting the Contractors' works, or from accidents to shipping or other causes beyond their control; and should any such delay occur other- wise than by default of the Contractors, the time for completion shall be extended for such period or periods as shall be certified by the Engineer to be reasonable.

Article 7. The terminal points of the Cable at Fanning Island and at Fiji re- spectively shall be at such parts of the coast or harbour as shall be selected by the Engi- neer in consultation with the Contractors, but the Engineer shall have the power to finally determine the position where the Cable shall be landed.

The Contractors at one of the said terminal points shall provide and erect a suitable Cable House with fixtures, furniture and appliances in accordance with plans and a list to be approved by the Engineer, and shall lead the Cable and make the neces sary connections from the shore ends of the Cable into the said Cable Houses in an approved and efficient manner and to the satisfaction of the Engineer.

Should the position of the said Cable Houses be more than live hundred yards from high water mark, the Contractors shall carry out the further subterranean connections under the direction of the Engineer, but they will be entitled to an extra payment for such extra work, the price of the same to be fixed by the Engineer.

Article 8. The

will obtain in due time and grant all Government and other authorities way-leaves and other casements required for landing the Cable at Fanning Island and,at Fiji, and procure and permit the Contractors to enter upon any land required for the purpose of this Contract.

Article 9. The Directors shall effect insurances on the Cable until laid against fire and river and sea risks, by policies, and shall transfer and deliver such policies to

to the full amount of the payments from time to time made to the Contractors, and in the event of loss or damage covered by such insurances, the Contractors shall, with all reasonable despatch, replace the Cable damaged or lost, and shall receive the amoun: which may be recovered by

under such policies in the same manner, and subject to the same conditions, as are hereby agreed upon for the original work as far as applicable.

Article 10. The Engineer and Contractors shall agree upon the course over which the Cable shall be laid, and the positions in which the various types of Cable shall be placed, and such agreement shall (unless the Engineer con- sents to the alteration thereof) be adhered to by the Contractors as nearly as prac- ticable.

Article 11. During the laying the Engineer shall be supplied with any informa- tion which is in the possession of the Contractors which he may require in connection with the operations as quickly as possible, and shall be consulted as to the retarding strains to be applied to the Cable, and all the incidental questions that may arise during the process of paying out, or picking up, should the latter become necessary. He shall also have the right of inspecting the charts, log, and observations taken during the laying of the Cable, and also of having communication on the business of laying the Cable forwarded from the ship to the shore, and vice versa, through the Cable at reasonable times while the same is being laid.

Article 12. The Contractors shall provide victualling and accommodation for the Engineer and his staff (not exceeding in the whole five persons) on board the vessel or vessels during the laying of the Cable, and until the return of the expedition.

Article 13. The Contractors shall, if requested, be prepared to take on board their ship or ships, transport and discharge, free of cost, at Fanning Island and Fiji,

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such material and stores as may be required for the building of stations and staff quarters at the respective terminal points of the Cable, also such stores for the pro- visioning of the staff as may be necessary. The total weight that the Contractors may be asked to ship, transport and discharge without extra payment is to be limited to 300 tons weight.

Article 14. The

shall pay in London to the Contractors for the works and matters hereinbefore under- taken by the Contractors under this Contract the total sum, or Contract price of

Article 15. The said Contract price shall be paid at the times, and in the manner following, that is to say:-

(a) 15 per cent. upon the execution of this Contract.

(b.) 10 per cent. on the Engineer's certificate of the manufacture in accordance

with this Contract of 333 nautical miles of Cable.

(c) 10

per

cent, on the Engineer's certificate of the manufacture in accordance with this Contract of 666 nautical miles of Cable.

(d) 10

per cent. on the Engineer's certificate of the manufacture in accordance with this Contract of 1,000 nautical miles of Cable.

(P.) 10

per

cent, on the Engineer's certificate of the manufacture in accordance with this Contract of 1,333 nautical miles of Cable.

(f.) 10

with t tent on the Engineer's certificate of the manufacture in accordance

(g.) 10

this Contract of 3,000 nautical miles of

per cent. on the Engineer's certificate of the manufacture in accordance with this Contract of 1,666 nautical miles of Cable.

(h.) 7 per cent. on the Engineer's certificate of the manufacture and ship- ment of the whole of the Fanning Island and Fiji Cable, and that the same is in accordance with this Contract.

(i.) 10 per cent, on the Engineer's certificate of the successful laying and com- pletion of the Fanning Island and Fiji Cable in accordance with this Contract.

(2.) 74 per cent. on the Engineer's certificate mentioned in Article 17. The Engineer shall certify from time to time as to the happening of the event on which the instalments of the Contract price (other than the monies payable on the execution of the presents) are payable.

Article 16. On the completion of the laying of the Cable the Engineer accompany- ing the expedition shall examine and test the Cable between the respective Cable Houses at Fanning Island and Fiji, and as soon as practicable thereafter telegraph to the Engi neer in England and write to him the results of his examination and testing, and shall forthwith deliver a copy of the telegram and letter to the Contractors' Engineer-in-charge (who is hereby appointed Agent of the Contractors to receive the same), and upon the receipt by the Engineer in England of such telegram or letter he shall give his certi- ficate that the section therein referred to has been successfully laid in accordance with this Contract or shall state in writing his reasons for not giving such certificate, and shall forward a duplicate of such certificate or statement in writing, as the case may be, to

and the Contractors respectively.

Article 17. The percentage of the Contract price mentioned in Article 15, para- graph (a), shall be paid to the Contractors upon the certificate of the Engineer in England that for thirty consecutive days after the completion of the laying of the Cable between the Cable House at Fanning Island and the Cable House at Fiji the same continued in good electrical condition, and in accordance with this Contract. The Contractors during this period shall keep a suitable vessel with approved machinery for such repairs as may possibly be required

For the purpose of testing the laid Cable, the Engineer shall be at liberty, as long as the Cable remains in good clectrical condition, to use a battery power equivalent to 100 volts. Should, however, the Cable show signs of electrical defects, all further testing until such defect is removed shall be in the hands of the Contractors.

Article 18. Subject to directions of the Engineer, traffic may be worked upon the Cable from time to time, when the same may be laid, until finally certified under Article 17, and the receipts from working the same shall belong to

who shall bear the expense of working; but the Contractors shall, until the final

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