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The agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Lithuania on railway service and cooperation in the field of rail transport

of July 21, 1993

The government of the Republic of Kazakhstan and the Government of the Republic of Lithuania which are referred to as further "Contracting parties" for the purpose of realization of agreed volume and proper quality of the international and transit carriages, considering necessary to coordinate technology and commercial bases of transportable process for safety of movement and profitability of transportations, and also aiming perhaps more full to consider the needs for freight and passenger traffic,

agreed as follows:

Article 1

Railway service between the Republic of Kazakhstan and the Republic of Lithuania is performed:

1.1. transit between the Republic of Kazakhstan and the states of Belarus, Latvia, Poland bordering on the Republic of Lithuania, the Russian Federation, and also the states suppliers and receivers of freights through railway and sea crossing in mountains. Klaipeda;

1.2. between the Republic of Kazakhstan and the Republic of Lithuania through the territory of the states the Russian Federation, Belarus;

1.3. the railway transit service between the Republic of Lithuania and the States of Kyrgyzstan, Uzbekistan, Turkmenistan, China through the territory of the Republic of Kazakhstan. Railway service through the territories of the Republic of Kazakhstan and the Republic of Lithuania, and also the mentioned other states is performed based on international agreements about cargo and passenger train traffic (SMGS, SMPS) if other is not provided in the Agreement. This agreement has legal force equal with other contracts and agreements signed earlier concerning transit railway service on the territories of the Republic of Kazakhstan and the Republic of Lithuania.

Article 2

2.1. Both parties recognize international conventions, contracts and agreements in the field of railway service, post transportations, communication and rates which participants they or transport bodies subordinated to them are.

2.2. Any dispute arising in connection with interpretation or application of this agreement is allowed by means of direct negotiations between the Ministry of Transport of the Republic of Kazakhstan and the Ministry of the Message of the Republic of Lithuania. If the mentioned authorities do not come to the agreement, the dispute is resolved through diplomatic channels.

2.3. If Contracting Parties do not reach at negotiations of the agreement, then the dispute can be submitted Arbitration Court. For what each of Contracting Parties appoints in return on the arbitrator. The appointed arbitrators determine the third arbitrator to whom the obligation of the Chairman of Arbitration is assigned. The parties appoint the arbitrator within 60 days from the moment of obtaining through diplomatic channels of the notice on the offer to resolve matters of argument by arbitration. The chairman of arbitration is appointed within the next 60 days. If one of Contracting Parties does not appoint the arbitrator or the third member of arbitration is not appointed at the scheduled time. Contracting parties can ask the chairman of Organization of the Cooperation of the Railroads (OCR) Committee to appoint the arbitrator and (or) the Chairman of Arbitration.

2.4. Shall carry out contracting parties the award of arbitration or the third parties (organizations), accepted according to Item 2.3. this Article.

2.5. Each of Contracting Parties will foot the bill, work-related the appointed arbitrator. The fee and expenses of the Chairman of Arbitration, and also the expenses connected with arbitration both Contracting Parties pay equally.

Article 3

Contracting parties consider questions of the financial responsibility connected with damnification to health and property of citizens and freight owners as a result of accidents with people, the accidents or the crashes which happened during transportation process:

3.1. The damage connected with accidents with office personnel compensates that railway body on which staff the victim is under the laws of the country.

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