63
16
No. 9.)
Concession
is not trans-
ferable and is exclusive.
TELEPHONE.
[A.D. 1925.
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 section 49.
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 shall over nothing shall be for or allowed in respect of the goodwill of the Company's under- taking or for any loss of estimated profits 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 annum upon the amount of the purchase money from the date of taking over until the date of payment.
44. The concession is personal to the Company, and the Company shall not, without the previous written consent of the Governor in Council, assign, transfer, mortgage, charge, lease or otherwise dispose of the conees- sion or the benefit thereof or of any part thereof or of its undertaking or any part thereof to any other person or grant any sub-licence in respect of the concession; and the Government shall not during the continuance of the concession permit any person other than the Company to place or maintain telephones or telephone wires or cables within the Colony or the waters thereof, except in the case of the following telephones, namely:-
-:
(a) All telephones whatsoever which may be bona fide in operation at the date of the commencement of this Ordinance and
(b) such telephones as may now or hereafter be constructel or maintained by the Colonial Government or by the Imperial Government in connection with their Colonial and Imperial services and
(c) telephones constructed or maintained by the Eastern Extension Australasia and China Tele- graph Company Limited and the Great Northern Telegraph Company Limited in accordance with the agreement now existing or any modification or renewal thereof; and
+
A.D. 1925.]
TELEPHONE.
[No. 9.
47
(d) such telephones as may now or hereafter be in- stalled and maintained by any person solely for the private use of such person in his business.
Provided that it shall be lawful for the Governor in Council or such person as he shall authorise in that behalf, at any time during the five years preceding the termination of this concession, to execute and do any works of a like nature to those specified in section 8 and any other works which the Goveruor in Council may think necessary or desirable for the purpose of continuing the supply of public telephonic communication after the termi- nation of concession,
45. The Company shall during the whole term of the Company to concession carry on its operations and use every endeavour operate as if to develop its system as though the concession were per- tenure were petual.
perpetual.
of term of
46.-() It shall be lawful but not obligatory for the Procedure to Government by notice in writing to the Company, given be adopted not less than five years previous to the date of the expiration termination of the concession, to require the Company to concession. continue the supply of telephonic communication in like manner and upon like terms as in this Ordinance and in any Regulation made hereunder provided (and particularly with the use of the most up-to-date apparatus suitable for local conditions and climate) for a further period of twenty- five years and the Company shall, within six months of the date of such notice, inform the Government in writing whether it is willing to continue such supply. If the Company shall so signify its willingness to continue such supply then the supply shall be continued by the Company for the further term of twenty-five years from the expira- tion of the concession in like manner and upon like termus as aforesaid save so far as such terms may be varied by mutual agreement between the parties.
(6) If the Company shall fail or neglect to inform the Government within the prescribed period of its willingness to contiune such supply, or shall decline within such period to continue such supply in like manner and upon like terms as aforesaid, then it shall be lawful for the Government, upon giving the Company six months' previous notice in writing, to take over and purchase from the Company, ou the expiration of the concession, the whole or such part as the Governor in Council may think fit of the undertaking
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