The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1910-08-02

so far as practicable, by the instruc-
| tohe OF the company as to the time
and order Of the moving of vessels to
and from The wharf.
Territory May Acquire Wharf on six
Months Notice.
9. The Territory may at anv time
upon SIX months notice to the cor
pany, given by the superintendent in
writing, take over the said wharf
wharf shed and railroad approaches
upon trst paving to the company the
value Of the wharf, wharf shed and an
proaches thereto. not exceeding. how
ever, the original cost thereof and said
addition thereto, as agreed between the
/ superintendent and the company or. if
/ they can not agree, as determined by \
majority Of three disinterested apprais-
ers. one appointed by the superintend-
ent, one by the company and the third
/ by the TWO so appointed.
/ Provided, however, that the company
/ shall have thereafter during the re-
! malnder Of the term specified in section
! twelve OF this license a right of way
/ for its engines, cars or other rollins
! stock over and across said railroad ap
! proaches and wharf free of charge. it
! being understood and agreed that the
company viii keep said approaches in
proper repair at its own cost and ex-
! pense.
Provided, however, that the company
! shall thereafter allow any public rail
road to have the Joint use of said rails
on said approaches and said wharf upon
such equitable terms, conditions and
regulations as may from time to time
be approved by the superintendent of
public works.
Penalty for Violation of License.
10. If at any time it shall appear
that the company is violating or failing
to observe or perform any of the terms
or conditions herein contained on its
part TO tie observed or performed, the
superintendent may give notice in writ
ing Of such violation or failure to the
company, and if within sixty DAYS
thereafter such violation or failure has
not been remedied, or, in case the notice
applies to defect in the wharf wharf
shed or railroad approaches, if the com
pany shall not, as soon as may be after
such notice and to the satisfaction of
the superintendent, have repaired such
defect, the superintendent may, by and
with the approval Of the Governor
remedy any such defect at the expense
Of the company. the cost of which the
company shall forthwith pay to the
Territory OF Hawaii or its successors
in interest: or, al the discretion of said
superintendent, with the approval OF
the Governor, and upon written notice
TO the company by the superintendent
the company shall pay to the Territory
Of Hawaii or It's successors in interest
as iquidated damages, the sum of fifty
dollars per day for each day that such
: defect. violation or failure remains I'M
remedied.
: Term Of License.
= IL The terms, covenants and condi
tons hereof shall be binding upon anC
in favor Of the superintendent ane
those succeeding to bis powers anC
: duties, and the company and its sue
cessors and assigns, respectively, as tht
; case may be.
u. Subject to the terms and condi
} tons hereinbefore contained, Thu
: license shall continue during the re
mainder Of the term Of the presen
I charter Of the company and during suel
renewal of such charter as may b.
made. but not, however, exceeding thu
, term Of fifty years in the aggregate
! from the date hereof, unless longer con
9 tinued by further agreement.
= Location Of Wharf.
1 l3 The location of said wharf, a
+ shown on the diagram hereto attache'
e and made part hereof, is subject t
r any changes which may be found neces
). sarv by the United State sgovernmen
;, IN the adoption of the U. S. Harbo
:. Lines.
IA. The company shall give to tn
= superintendent, within two years froI
. the date hereof, assurances or guar
antees satisfactory to the superintenc
ent that said wharf viii be constructe
. within FIVE years from the date hereof
: failure TO DO which VIII render tn
license hereby granted subject to fol
fixture in the discretion of the super
intendent.
Il In witness whereof the superintenc
ent has hereunto set his hand and tn
company, has caused these presents
be executed on its behalf by its OH
GERS. thereunto duly authorized, the da
and I-ear first above written.