Common use of Appointment of an Operator Clause in Contracts

Appointment of an Operator. 4.3.1 At the same time as submitting the Joint Operating Agreement under clause 4.1 the Contractor shall nominate an Operator. If the SPA has reasonable grounds for refusal of the proposed Operator (such to be notified to the Contractor), the SPA may refuse grant of approval within forty-five (45) days following submission of Joint Operating Agreement, at which point the Parties shall work together in good faith to agree an appropriate Operator. To the extent that Parties cannot come to a mutual agreement within twenty (20) days following the Contractor's receipt of the SPA's refusal, such dispute shall be deal with in accordance with clause 48.2 (Expert Determination). 4.3.2 In case of expiry of the period of forty-five (45) days following submission to the SPA without the SPA either approving or refusing grant of approval, the Operator (including any change of the Operator) shall be deemed approved by the SPA. 4.3.3 In the event that an existing Operator ceases to be the Operator, the Contractor shall within thirty (30) days propose a new Operator to the SPA, which shall be approved by the SPA in accordance with clause 4.3.1. 4.3.4 If the Contractor does not put forward a proposal for a new Operator in accordance with clause 4.3.3 or clause 4.4.2, or a proposed Operator is not approved by the SPA (such approval not to be unreasonably withheld or delayed) and: 4.3.4.1 the Operator is being replaced pursuant to clause 4.4.1 the SPA may, by written notice to the Operator and the Persons constituting the Agreement terminate this Agreement due to the agreement’s material default.; or 4.3.4.2 the Operator is being replaced for any reason other than pursuant to clause 4.4.1, the decision of approving a new Operator shall be referred to an expert for determination in accordance with clause 48.2 (Expert Determination). 4.3.5 When submitting a request to the Federal Government for approval of a new Operator in accordance with clause 4.3.3 the Contractor shall also provide the SPA with proof of the technical and financial capacity and professional skills of the proposed assignee.

Appointment of an Operator. 4.3.1 At the same time as submitting the Joint Operating Agreement under clause 4.1 the Contractor shall nominate an Operator. If the SPA has reasonable grounds for refusal of the proposed Operator (such to be notified to the Contractor), the SPA may refuse grant of approval within forty-five twenty (4520) days following submission of Joint Operating Agreement, at which point the Parties shall work together in good faith to agree an appropriate Operator. To the extent that Parties cannot come to a mutual agreement within twenty (20) days following the Contractor's receipt of the SPA's refusal, such dispute shall be deal with in accordance with clause 48.2 (Expert Determination).Determination).‌ 4.3.2 In case of expiry of the period of forty-five twenty (4520) days following submission to the SPA without the SPA either approving or refusing grant of approval, the Operator (including any change of the Operator) shall be deemed approved by the SPA. 4.3.3 In the event that an existing Operator ceases to be the Operator, the Contractor shall within thirty (30) days propose a new Operator to the SPA, which shall be approved by the SPA in accordance with clause 4.3.1. 4.3.4 If the Contractor does not put forward a proposal for a new Operator in accordance with clause 4.3.3 or clause 4.4.2, or a proposed Operator is not approved by the SPA (such approval not to be unreasonably withheld or delayed) and:and:‌ 4.3.4.1 the Operator is being replaced pursuant to clause 4.4.1 the SPA may, by written notice to the Operator and the Persons constituting the Agreement terminate this Agreement due to the agreement’s material default.; or 4.3.4.2 the Operator is being replaced for any reason other than pursuant to clause 4.4.1, the decision of approving a new Operator shall be referred to an expert for determination in accordance with clause 48.2 (Expert Determination). 4.3.5 When submitting a request to the Federal Government for approval of a new Operator in accordance with clause 4.3.3 the Contractor shall also provide the SPA with proof of the technical and financial capacity and professional skills of the proposed assignee.