_ ... . . . " 7 • "" . ' . " "' *M ' I . - ,_ " e "' .«. -y " • ., . .. "+ ... . .... . '" • d

-THIS AGREEMEN'r" made the 9th day of July, 1959 BETWEEN

CARL ATKINSON of Doctor's Gully in the Northern Territory of

Australia engineer (hereinafter called "~O~mer") of the

ONE PART AND NANYO BOKKI KAISHA LIMITED a foreign company having

its registered office in Japan (hereinafter called "the CQR~paetor" )

of the OTHER PART WITNESSETH -

1. S,ft.,- 13"""1-""'-

The ~ hereby agrees to sell to the COn~tGr all his

right title and interest in four wrecks in the Darwin Harbour

Darwin in the Northern Territory of Australia which are and were

1~as "Zealandia", "Manua Loa", ~eigs" and "Peary"

(hereinafter called "the wrecks").

2 . The GQnfg~~~all pay to the ~~~purchase price of .

One pound eight shillings and six pence per long ton for - ~-

(a)

- -- (b) , ' ~

the metal (both ferrus and non-ferrus)j

the cargoes. l<' }~/IJ{.~ t;e~ from the wrecks.

J. -- The .cJt£~'t~I' shall

and

. ,

B "'OolV

S Q

,

- 2 -

operators, personnel and equipment;

(b) the sum of Eight hundred pounds (£800) each

month for a period of six months from the ,

commencement of salvage operations;

·(c) after the said period of 6 months payments

shall not be resumed until the weight of I

the rnetal-@nd carg~ be equal

in value tb the consideration already paid

to the ~and upon this event the metal

salved thereafter shall be paid for at

the rate specified in clause 2 herein, and

(d) in Australian currency free of exchange and

other cash charges.

(2.) Salvage operations shall be deemed to have commenced

capable o~ lifting metal from the wnecks

that the salvage operations shall COmmence

•

"

___ !25! PF J ,

9,000 tons of nietai~ _ _

~and (b) use his best endeavoure to salve all metal

capable of being salved

from the wrecks.

4. (1.) The purchase price mentioned in paragraph 2 herein

shall be paid in manner ollowing

( a)

U ",UI!

the sum of Five thousand five hundred pounds ~~~--rr (i5 , 500 ) ~h~:h" sha~l b : ·d-~-;-oS-l.~·"t-' e-d:--::i-n-:f-av-o-u-r-1~./""-::::.~~.;.~~_~.: .. :._::_~::::/r-of the ~:;?:~ Australia and New Zealand

Darwin Branch, intrust 'for the Bank Ltd.,

~With a direction that the said sum 5~

shall be credited to the account of tne uwner -

as soon as entry permits have been received ~'''VO-by the<CQn~p~rfor the salvage of the

wrecks together with the Geft~~ salvage •

permi ts to the ..(}QMl'8:et;f)r.~ -.~ -

5. (1.) Notwithstanding anything hereinbefore

the o~~~b~~r may agree that portion

contained,

of the

consideration payable hereunder shall be satisfied by the

Contractor purchasing a ship for and on behalf of the Owner

up to a value of Seven thousand five hundred pounds (£7,500).

(2.) The Contractor shall advance to the Owner his return

I fares from Darwin to Japan and such advance shall be deducted

from any of the consideration payable to the Owner by the

Contractor.

(3.) Upon inspection of the said ship ·the Owner may in

his discretion accept or reject the said ship.

6. (1.) The weight of the metal salved from the wrecks shall

l~ ~ased on the load line €!I --. f 1*'811"") of the ship "/':~~'d.~J;!v.d~[;!'1f-.....-Lbtl t£. \ If _the same shall be shipped. prodded always that tb.e OWl'lar may ~r· ,

F ,

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I 11{4-...tv'1-}1 tvs-o

. '

~

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,

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c,,~~ ~~:::;"..~~ ~J a Darwin or elsewhere

C ij}b- -J ttb.--:, "-Lc-~ accuracy of __ " • '

to check the

~ ~.

l (2.) The ~ ma~Feet; to ha,e-~ boom lift forl\,one \\ ~ 'c)Lo.J<' cl", J ,l;r /.. .• ~

shipment of metal L 5.d.L.-., "0/"". r It-rr ................... t. ~

7. It iS~g~ by the ~~that ~ is the sole and .

" .

exclusive Owner of the wrecks and that no person or company or ~_~ ---- - f""' ,

firm has any ~dverse rright.,.title _and interest thereto. ~ ).~.

:: i::e!~~e:~~: ~in:e~ ~r ';'4 ~t Q"1f'1l'" u...r""'~ ril,al!iF p"E~R ..e~ all such documents of ti t l e to the

wrecks ~b.e · mal' -poss~ 9 . The~ hereby OiIldemnify

the Gen~~r' against all adverse claims in respect ~tJl.&~

ownership of the wrecks together with sUch legal cost~s may

be i ncurred in respect to such claims. ",,*~.

10. This agreement is entered into by ' the parties subject to

< /.V /'1);-~

:iJ.~ ~ /-JJ

W

c,arrying out 0 under this ~

,agre~ment and the entry ~nto the NOT~hern Territory

of Australia of the Contractor's salvage

operators,. personnel and equipment; and

(b) the grant to the CGg~~r of all necessary

licences by the Commonwealth of Aus.tralia for

the export of the metals and other salvaged - -.~ cJ;-~'-/f '

~salved under this ..agreem_, provided 17~'

always should the 'i,entratto-r be prevented from

carrying on the salv~ge operations herei~

agreed by gover~ntal action then in such a (.di c,J\.

case this ~ from that particular time

of such action shall be void and of no effect.

•

11. The parties hereto expressly agree to apply and use their

best endeavours for such approvals, permits; permissions,

licences from the Australian Government and the Japanese

Government as ~~ agree~.

may be necessary for giving full effect to this

12. It is expressly agreed that the property .in the wrecks

shall not pass fr.om the Owner to the Contractor until payment

in full of the .purchase moneys due hereunder.

13. The Ce~A1~ shall pay all charges expenses and other

outgoings of whatsoever nature in connection with salvage

operations and the transport, storing and shipping of the metal \iJ .... ~ IJ~

salved by the -c.ant~ shall be borne by theii:eft~.

14. The ~arrants that no royalti!"s are p<l-yable to the

Commonwealth of Australia or other administrative authority in

~ the said Territory in respect of any of th~ salv~d metals~ ---------~.and the o~~agrees to indeminify against any such

<;laims or_loslles .!:'.cu.~~d.lly ;'he ~'t!~> in. ~his way~ • . ~.. , . , .' ., '.--.. .............. '"~ ....... '. "..--

15. It is'''' ebq'5'r ~ not warrant the

state or condition of the wrecks and that the eOl~r is ~

entering into this ~greement as to state, condition and tonnage

--.-.--------~----.......--as a result of i tSt- wn investigations. ",1ft\' >-, ' --

16. This ;<gIU9fiien shall be valid for from the date

of the Signing~~:~s ~ If the r has not

completed ~rrangements for entry permits at the end of that \'3 ~S-

two months the eent~ agrees to renew the agr~nt for

such time as shall be agreed to by both parties.

17. It is agreed that in the event of the -coBi>r~ not being

able to acquire two other wrecks, namely, "Neptuna" and "British

Motorist" as well as those named above

declared invalid by the -Contractor.

this agpeement: may be ~~

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- 5 -IN WITNESS WHEREOF the parties have hereunto set their hands

the day and the year hereinnefore written.

SIGNED by the said CARL ATKINSON l in the presence of - )

THE COMMON SEAL of NANIO BOEKI

KAISHA LIMITED was hereunto

affixed by authority of the

Board of Directors -

) ) ) ) ) ) )

S i g ned

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