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THE HONGKONG GOVERNMENT GAZETTE, 21ST SEPTEMBER, 1889.
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 or agents or (as the case may be) the Admiralty their officers or agents be delivered or sent by post to the master of any of the said vessels or any other officer or agent of the Company in the charge or management of any vessel employed in the performance of this Agreement or be left for the Company at or sent by post to 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.
(2.) Provided always that any notice of determination of this Agreement shall be served on the Ceny their officers servants or agents at their office or last known office in Londonsent by post to such office.
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44. The Company shall not assign underlet or dispose of this Agreement or any Restriction upon part thereof without the consent of the Postmaster-General signified in writing under assignment or under-letting. his hand or under the hand of one of the Secretaries or Assistant Secretaries of the Post Office.
breach.
45. In ca any breach of this Agreement or any covenant matter or thing Determination of herein contain relating to the obligations of the Company either towards the Post- Agreement on master-General or towards the Admiralty) on the part of the Company their officers agents or servants it shall be lawful for the Postmaster-General if he shall think fit and notwithstanding there may or may not have been any former breach of this Agreement 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 and the Company shall not be entitled to any com- pensation 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.
46. All matters which in pursuance of the provisions herein or in the Schedules Arbitration. hereto contained are to be determined by arbitration shall be referred to two arbitrators or their umpire respectively resident in England and every or any such reference shall with regard to the mode and consequences thereof and in all other respects be made in conformity with and pursuant to the provisions in that behalf contained in the Com- mon Law Procedure Act 1854 or any then subsisting statutory modification thereof and upon ever or any such reference the arbitrators and umpire shall respectively have power to examine the parties and witnesses upon oath or affirmation and every or any such reference may be made a rule or order of any division of Her Majesty's High Court of Justice on the application of either party and such party may instruct counsel to consent the for the other party.
Members of House
47. In pursuance of the provisions. contained in an Act of Parliament passed in Exclusion of the 22nd year of the reign of King George the Third intituled "An Act for restraining of Commons from any person conerned in any contract commission or agreement made for the public share in Contract. service from bang elected or sitting and voting as a Member of the House of Com-
"
mons no Member of the House of Commons shall be admitted to any share or part of this Agreement or to any benefit to arise therefrom contrary to the true intent and meaning of the said Act.
48. The medules to this Agreement and the conditions marked A and B referred Schedules to be to in the Third of the said Schedules shall be deemed to be part of this Agreement in deemed part of
Agreement. all respects as the same had been incorporated therein.
49. This Agreement shall not be binding until it has been approved by a Resolu- Approval of House tion of the Hense of Commons of the United Kingdom.
BOND.
of Commons.
50. And lastly for the due and faithful performance of all and singular the cove- Bond. nants stipulations conditions provisoes clauses articles and agreements herein and in the Schedules hereto contained which on the part and behalf of the Company are or ought to be observed performed fulfilled and kept the Company and the said Sir George Stephen and Sir Donat Alexander Smith do hereby bind themselves jointly and severally and each and any of them and their respective successors heirs executors administrators and assigns unto Our Sovereign Lady the Queen in the sum of 20,000 7. of lawful money of the United Kingdom to be paid to Our Lady the Queen Her heirs and successors by way of stipulated or ascertained damages hereby agreed upon between the Postmaster General the Admiralty and the said other parties hereto respectively in case of the failure on the part of the Company in the due execution of this Agreement or any part thereof In witness whereof the said parties hereto have hereunto respectively set their hands and seale the day and year first before written.
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