Section 9, The Tonkolili Agreement Ordinance

(a) In the event of the Permanent Lease being granted to the Company as aforesaid all or any leases which may have been granted by the Government to the Company during the periods of the First and Second Licences under the provisions of Clauses 3 and 6 hereof the areas of which shall lie within or partly within that of the demised areas or shall be bounded or partly bounded by the demised areas may at the option of the Company be determined on the date of commencement of the Permanent Lease and if the Company shall exercise such option the Permanent Lease shall take effect in lieu of and over and be deemed to include the areas of the leases so determined. 2112 Cap. 202] Tonkolili Agreement (1937) (b) If the Company shall not exercise its option under paragraph (a) of this clause to determine leases which may have been granted for all or any minerals other than iron ore over areas within or partly within the demised areas or bounded or partly bounded by the demised areas nevertheless the areas covered by such leases which are not determined shall remain part of the demised areas in respect of the minerals not included in such leases and if and when such leases are determined the Permanent Lease shall again be deemed to include the right to mine all minerals in all areas of the demised areas in respect of which no other mining lease is in existence. (c) During the term of the Permanent Lease the Company may request the Government to grant to the Company a separate lease or leases for any mineral other than iron ore in respect of any area or areas lying within the demised areas and the Government shall comply with such request. From the date of grant of such separate leases and during the currency thereof there shall be deemed to be excluded from the Permanent Lease the right to mine any mineral other than iron ore for which such separate lease is granted within the area of any such lease. (d) If at any time or from time to time during the term of the Permanent Lease there shall be in existence any separate mining lease covering or partly covering the demised areas then the rent payable under Clause 8 (e) hereof in respect of the demised areas shall not be payable in respect of so much of the demised areas as shall for the time being be included in the area of such separate mining lease but the Company in respect of such separate mining lease shall pay the mining rents and surface rents prescribed by the Minerals Ordinance and the Minerals Rules. (e) The provisions of Clause 3 (k) and (Z) shall apply during the term of the Permanent Lease as if the expression " the demised areas " were therein substituted for the expression "the Tonkolili areas."