Section 5, The Tonkolili Supple- Short title, A R

Except as hereby varied the Principal Agreement (as so amended)shall remain in full force and effect and shall be read in conjunction with and as modified by these presents and shall be construed accordingly. In witness whereof Sir John Alexander Calder, K.C.llf.G., one of the Crown Agents for the Colonies has hereunto set his hand and seal and the Company has caused its Common Seal to be hereunto affixed the day and year first above written. Signed Sealed and Delivered by Sir John Alexander Calder, K.C.M.G., one of the Crown Agents for the J. A. CALDER. Colonies in the presence of- L.S. A. w. ABBOTT, 4, Millbank, London, S.W.l, Civil Servant. L.S. The Common Seal of Sierra Leone Development Company Limited was hereunto affixed in the presence of- RoBERT L. ANGus, J. M. CAMPBELL, Directors. SCHEDULE B. This Agreement is made the third day of December one thousand nine hundred and forty-seven BETWEEN THE CROWN AGENTS FOR THE CoLONIES whose office is at Number 4 Millbank in the City of Westminster for and on behalf of the Government of the Colony and Protectorate of Sierra Leone (hereinafter called " the Government ") of the one part and SIERRA LEONE DEVELOPMENT CoMPANY LIMITED whose registered office is situated at 24 Old Broad Street in the City of London (hereinafter called " the Company ") of the other part. Whereas this Agreement is supplemental to the following Indentures and Agreements each of which was made between the Government and the Company respectively-(i) an Indenture (hereinafter referred to as " the Tonkolili Agreement (1947) [Cap. 204 Marampa Principal Indenture ") dated sixteenth June one thousand nine hundred and thirty-one (ii) an Indenture (hereinafter referred to as " the Marampa Supplemental Indenture ") of even date herewith (iii) an Agreement (hereinafter referred to as " the Tonkolili Principal Agreement ") dated sixteenth April one thousand nine hundred and thirty-seven (iv) an Agreement (hereinafter referred to as " the Tonkolili First Supplemental Agreement ") dated nineteenth February one thousand nine hundred and forty-four and (v) an Agreement (hereinafter referred to as "the Tonkolili Second Supplemental Agreement ") of even date herewith. And whereas the parties hereto have agreed to enter into this Agreement for the purpose of giving effect to the understanding set out in Recitals (d) to the Marampa Supplemental Agreement and the Tonkolili Second Supplemental Agreement respectively. Now this agreement witnesseth and it is hereby agreed that the offer and acceptance referred to in the said recitals shall not in any way directly or indirectly result in the Company becoming liable to pay more in the aggregate by way of taxation in Sierra Leone and the United Kingdom respectively than the Company would have been liable to pay had such offer not been accepted and accordingly that if at any time the aggregate amount of the relevant taxes payable by the Company in Sierra Leone and the United Kingdom respectively exceeds the aggregate amount of the relevant taxes which would have been payable by the Company in Sierra Leone and the United Kingdom respectively if no tax or duty were payable by the Company in Sierra Leone except as provided for in the Marampa Principal Agreement the Tonkolili Principal Agreement and the Tonkolili First Supplemental Agreement and the Ordinances now in force giving effect to the same then the Government shall grant the Company relief from the aggregate amount of all Sierra Leone Taxes payable by the Company to the extent of the amount of such excess. The expression " relevant taxes " means all taxes and duties charged upon, measured by or calculated by reference to the income or profits of the Company or any part of such income or profits, and the expression " Sierra Leone Taxes " means all taxes and duties for the time being imposed by the Government of Sierra Leone. In Witness whereof Sir John Alexander Calder, K.C.M.G., one of the Crown Agents for the Colonies has hereunto set his hand and seal and the Company has caused its Common Seal to be hereunto affixed the day and year first above written. Signed Sealed and Delivered by Sir John Alexander Calder, K.C.M.G., J. A. CALDER. one of the Crown Agents for the L.s. Colonies in the presence of- A. w. ABBOTT, 4, Millbank, London, S.W.l, Civil Servant. L.S. The Common Seal of Sierra Leone Development Company Limited was hereunto affixed in the presence of- RoBERT L. ANGus, J. M. CAMPBELL, Directors. 2138 Cap. 204] Tonkolili Agreement (1947)