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Manager of the Railway shall forthwith be repaid to the Railway by the Company.
The Company shall at all times at its own expense maintain the said telegraph poles, brackets and cables and the said wires connected therewith in a good and substantial state of repair and condition.
Permits shall be issued at all times by the Manager of the Railway to such workmen or inspectors of the Company as the Company may employ to construct, maintain, repair or inspect the said telegraph poles, brackets, cables and wires authorising such workmen or inspectors to enter upon the Railway property including all bridges and tunnels..
No liability shall attach to the Railway in respect of any accident which may occur to any employee of the Company or of any of the Company's contractors whilst performing any service, or being upon the Railway property under any such permit issued as aforesaid
The Company shall obtain and issue to all the Company's employees or contractors on the Railway property copies of the Rules and Regulations in force for the time being and shall accept all responsibility for the proper adherence to such Rules and Regulations by the Company's employees or contractors..
The Company shall be responsible for and liable in respect of any acts of any of the Company's contractors or employees which may cause damage to any property of the Railway and also shall indemnify the Government of Hong Kong from and against all actions, claims and demands arising out of any damage caused to others by the acts of such persons.
The Company shall be granted permission to provide test boxes for the Company's wires at the frontier at Lo Wu and at such intermediate points as the Company may find necessary.
The Company shall during the continuance of this Agreement pay to the Governor yearly in advance a sum of Twenty dollars Hong Kong currency per mile of the length of the aforesaid row of telegraph poles.
The Company shall subject to arrangement with the Manager of the Railway be granted permission tu construct and maintain depots at the Railway Stations or at other places upon the Railway property as may be convenient to the Railway for the storage of materials required in connection with the construction or maintenance of the Company's telegraph poles and wires all such depots shall be of a substantial and sightly nature and be so maintained. The Company shall pay to the Governor the sum of two cents per aquare foot per annum by way of Rent for any areas occupied by such depots or stores and such Rental shall not in any case be less than $2.00 per annum.
No liability shall attach in any way whatsoever to the Railway in respect of any damage or injury to the Company's buildings, telegraph poles, brackets or cables, or to the wires connected therewith in consequence of any landslip, accident to any train, engine, truck, bridge or any structure, or through any other cause whatever. The Company shall make good at the Company's own expense any such damage or injury and shall make such temporary provision at the Company's own expense for the restoration of the Company's telegraph service as the Manager of the Railway shall approve.
The Company shall on demand by the Manager of the Railway repay to the Government of Hong Kong the cost of making good any damage which may be caused to any property of the Railway or other property of the Government by any of the Company's posts, wires or works whether such
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damage shall be caused by any negligence in the construction of such posts, wires or works or defect in the same or by any accident occurring to such posts, wires or works through tempest or other cause.
The Company shall indemnify the Railway and the Government of Hong Kong and its officers from and against all actions, claims and demands arising out of damage to life or property caused by any of
the Company's posts, wires or works whether such damage shall be caused by any negligence in the construction of such posts, wires or works or defect in the same or by any accident occurring to such posts, wires or works through tempest or other cause.
All permits, approvals and consents given by the Manager of the Railway shall be in writing.
Subject as hereinafter mentioned this agreement and the leaves hereby granted shall remain in force for a period of 14 years from the first day of January One thousand nine hundred and thirty one PROVIDED ALWAYS that this agreement shall cease and be determined forthwith if the Company shall fail to comply with the hereinbefore contained provisions for the payment to the Governor of the aforesaid annual sums AND PROVIDED ALSO that the Governor may by three months notice in writing given to the Company determine this agreement in the event of the failure of the Company to comply with any of the provisions hereinbefore contained AND PROVIDED ALWAYS that in the event of the determination of an agreement which is to be entered into between the Company and the Government of China in connection with the continuance in Chinese Territory of the line in respect whereof this agreement is made then and in such case the Company shall be at liberty by three months notice to the Government to determine this agreement
At the expiration or sooner determination of this agreement the Company shall remove all poles, wires and other works upon the railway property constructed or maintained under or by virtue of this agreement or the hereinbefore recited agreement of the 6th day of Maroh One thousand nine hundred and thirteen and in the event of the failure of the Company to remove the same within three months of the expiration or sooner determination of this agreement then the Manager of the Railway shall be at liberty to remove the same and the Company shall repay to him on demand such sum as he shall certify to be the oost of such removal
A S WITNESS whereof the Governor hath hereunto set his hand and the Public Seal of the Colony hath hereunto been affixed and the Company hath hereunto set its Common Seal.
(Sgd.) L.PEEL
SIGNED by John Cuthbert Denison- Pender, a Director, and Arthur Charles Hesse, an Assistant Secretary for the Eastern Extension) Australasia and China Telegraph Company Limited and The Great Northern Telegraph Company Limited of Copenhagen Denmark and SEALED with the SEAL of The Eastern Extension Australasia and China Telegraph Company Limited in their presence
sa. J.C. Denison-Pender
Director.
Sd. A.C. Hesse
Assistant Secretary
Governor.
(SEAL)
(SEAL)
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