Failure to commence services.
Voyages commenced when Agreement ends to be completed.
Notices.
16
CONTRACT FOR THE CONVEYANCE OF
hand of one of the Secretaries or Assistant Secretaries for the time being of the Post Office have given to the Company or if the Company shall have given to the Postmaster General twenty four calendar months' notice that the Agreement shall so determine but if neither the Postmaster General nor the Company shall give any such notice this Agreement shall con- tinue in force even after the said 31st day of January 1888 until the expiration of a twenty-four calendar months' notice in writing as aforesaid which may be given by either of the parties hereto to the other of them and which last-mentioned notice may be given on or at any time after the 31st day of January 1886.
52. If the Company shall fail to commence the performance of the services hereby agreed to be performed on the 1st day of February 1880 or on the first day thereafter which the Postmaster General shall fix as the day for the commencement of the performance of such services the Company shall pay to Her Majesty Her heirs or successors as stipulated or ascer- tained damages in respect of such default the sum of 100 7. and also the further sum of 100% for every successive period of 24 hours which shall elapse before the Company shall com- mence the performance of such services Provided always that the total amount which shall become payable by the Com- pany in respect of such default as aforesaid shall not in the aggregate exceed the sum of 40,000 7. Provided also that the payment by the Company of the aforesaid sums by way of stipulated or ascertained damages in respect of any default in the commencement of the performance of the said services shall not prejudice the right of the Postmaster General to insist on any deduction from the said subsidy of 370,000 7 or 360,000 7. as the case may be to which he may be entitled in respect of the same default under the provisions hereinbefore contained.
53. If on the determination of this Agreement any vessel or vessels shall have started or shall start on any voyage or voyages with the mails on board in conformity with this Agree- ment such voyage or voyages shall be continued and performed and the mails be delivered and embarked during and at the termination of the same as if this Agreement had remained in force with regard to any such vessels and services. And with respect to such vessels and services as last aforesaid respec- tively this Agreement shall be considered as having terminated when such respective vessel shall have reached their port; or place of destination and such respective services shall have been performed but the Company shall not be entitled to receive any payment or compensation for the same.
54. All notices or directions which the Postmaster General his officers agents or others are hereby authorised to give to the Company their officers servants or agents other than any notice of termination of this Agreement may at the option of the Postmaster General his officers agents or others either be
delivered
of
EAST INDIA AND CHINA MAILS.
17
delivered to the master of any of the said vessels or any other officer or agent of the Company in the charge or management any vessel employed in the performance of this Agreement or left for the Company at their office or house of business in London or any other place and any notices or directions so given or left shall be binding on the Company Provided always that any notice of termination of this Agreement shall be served on the Company their officers servants or agents at their office or last known office in London.
55. The Company shall not assign underlet or dispose of Company not to assign this Agreement or any part thereof without the consent of the &c. Agreement. Postmaster General signified in writing under his hand or under the hand of one of the Secretaries or Assistant Secretaries of the Post Office and in case of the same or any part thereof being assigned underlet or otherwise disposed of or of any great or habitual breach of this Agreement or any covenant matter or thing herein contained on the part of the Company their officers agents or servants it shall be lawful for the Post- master General if he shall think fit and notwithstanding there may or may not have been any former breach of this Agree- ment by writing under his hand or under the hand of one of the Secretaries or Assistant Secretaries of the Post Office to determine this Agreement without any previous notice to the Company or their agents nor shall the Company be entitled to any compensation in respect of such determination and such determination shall not deprive the Postmaster General of any right or remedy to which he would otherwise be entitled by reason of such breach or any prior breach of this Agreement and in case any difference shall arise between the parties hereto as to the sufficiency of any such breach as aforesaid to justify the Postmaster General in determining this Agreement such difference shall be referred to and determined by arbitra- tion in manner hereafter provided Provided always that in case within seven days after service on the Company of a notice determining this Agreement on the ground of any great or habitual breach or breaches thereof the Company give a notice in writing to the Postmaster General (by deliver- ing the same or sending the same by post to one of the Secretaries of the Post Office) that they dispute the sufficiency of such breach or breaches to justify the Postmaster General in determining this Agreement such dispute shall be referred to arbitration in manner hereinafter provided and in such case this Agreement shall notwithstanding such notice of de- termination continue in force unless and until an award shall be made to the effect that such breach or breaches was or were sufficient to justify the Postmaster General in giving such notice of determination as aforesaid.
56. All matters which in pursuance of the provisions herein- Arbitration. before contained are to be determined by arbitration shall be referred to two arbitrators or their umpire pursuant to and 80 as with regard to the mode and consequences of the reference and in all other respects to conform to the provisions
30.
C
in
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