Development Plan. (1) Production of petroleum shall not commence until a Development Plan for the effective exploitation of the Unit Reservoirs, which has been submitted by the Unit Operator and contains a programme and plans agreed in accordance with Joint Venturers’ Agreements, has been approved by the Regulatory Authorities. The Unit Operator shall submit copies of the Development Plan to the Regulatory Authorities for approval. (2) The Commission may review, and make recommendations to the Regulatory Authorities with regard to, a Development Plan. (3) The Regulatory Authorities shall approve the Development Plan where: (a) the project is commercially viable; (b) the contractor or licensee possesses the competence and resources needed to exploit the reservoir to the best commercial advantage; (c) the contractor or licensee is seeking to exploit the reservoir to the best commercial advantage consistent with good oilfield practice; (d) the contractor or licensee could reasonably be expected to carry out the exploitation of the reservoir during the specified period; (e) the contractor or licensee has entered into contracts for the sale of gas from the project which are consistent with arm’s length transactions. (4) The Regulatory Authorities shall specify their reasons for not approving a Development Plan including identification of the criteria in paragraph (2) that the contractor or licensee has failed to meet. (5) The Regulatory Authorities shall ensure that the exploitation of the Unit Area shall be in accordance with the Development Plan. (6) The Unit Operator may at any time submit, and if at any time the Regulatory Authorities so decide may be required to submit, proposals to bring up to date or otherwise amend the Development Plan. All amendments or additions to the Development Plan require the prior approval of the Regulatory Authorities. (7) Where the Unit Operator has been notified by either Regulatory Authority that the Development Plan or an amendment to the Development Plan has not been approved, the Regulatory Authorities shall consult with each other and with the Unit Operator with a view to reaching agreement. (8) The Regulatory Authorities shall require the Sunrise Joint Venturers not to change the status or function of any Unit Installation in the Unit Area in any way except in accordance with an amendment to the Development Plan in accordance with paragraph (2). (9) Where a Sunrise Joint Venturer has entered into contracts for the sale of gas from the project that are part of an approved Development Plan, no action may be taken by the Regulatory Authorities to withhold the supply of that gas.
Appears in 4 contracts
Sources: Agreement Between the Government of Australia and the Government of the Democratic Republic of Timor Leste Relating to the Unitisation of the Sunrise and Troubadour Fields, Unitisation Agreement, Joint Petroleum Development Agreement
Development Plan. (1) Production of petroleum shall not commence until a Development Plan for the effective exploitation of the Unit Reservoirs, which has been submitted by the Unit Operator and contains a programme and plans agreed in accordance with Joint Venturers’ Agreements, has been approved by the Regulatory Authorities. The Unit Operator shall submit copies of the Development Plan to the Regulatory Authorities for approval.
(2) The Commission may review, and make recommendations to the Regulatory Authorities with regard to, a Development Plan.
(3) The Regulatory Authorities shall approve the Development Plan where:
(a) the project is commercially viable;
(b) the contractor or licensee possesses the competence and resources needed to exploit the reservoir to the best commercial advantage;
(c) the contractor or licensee is seeking to exploit the reservoir to the best commercial advantage consistent with good oilfield practice;
(d) the contractor or licensee could reasonably be expected to carry out the exploitation of the reservoir during the specified period;
(e) the contractor or licensee has entered into contracts for the sale of gas from the project which are consistent with arm’s length transactions.
(4) The Regulatory Authorities shall specify their reasons for not approving a Development Plan including identification of the criteria in paragraph (2) that the contractor or licensee has failed to meet.
(5) The Regulatory Authorities shall ensure that the exploitation of the Unit Area shall be in accordance with the Development Plan.
(6) The Unit Operator may at any time submit, and if at any time the Regulatory Authorities so decide may be required to submit, proposals to bring up to date or otherwise amend the Development Plan. All amendments or additions to the Development Plan require the prior approval of the Regulatory Authorities.
(7) Where the Unit Operator has been notified by either Regulatory Authority that the Development Plan or an amendment to the Development Plan has not been approved, the Regulatory Authorities shall consult with each other and with the Unit Operator with a view to reaching agreement.
(8) The Regulatory Authorities shall require the Sunrise Joint Venturers not to change the status or function of any Unit Installation in the Unit Area in any way except in accordance with an amendment to the Development Plan in accordance with paragraph (2).
(9) Where a Sunrise Joint Venturer has entered into contracts for the sale of gas from the project that are part of an approved Development Plan, no action may be taken by the Regulatory Authorities to withhold the supply of that gas.
Appears in 2 contracts
Sources: Unitisation Agreement, Unitisation Agreement
Development Plan. (1a) Production The plan for the development of petroleum shall not commence until a Product as agreed to by the Parties (including timelines therein) is set forth in that certain memorandum exchanged between the Parties on the Signature Date and referencing this Agreement (such plan as set forth in the memorandum, the “Initial Development Plan” and together with any updates thereto in accordance herewith, the “Development Plan,” and the conduct of the activities under the Development Plan, the “Development Program”). The Development Plan includes (i) each Party’s responsibilities for those activities to be performed in regards to obtaining Regulatory Approval for Product, including timelines for initiation and completion of such activities, [***] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.
(ii) annual budgeted Program Related Costs for Product for each Annual Period and (iii) the target dates for the effective exploitation submission of the Unit Reservoirs, which has been submitted by the Unit Operator an application and contains a programme and plans agreed in accordance with Joint Venturers’ Agreements, has been approved by other Regulatory Materials for the Regulatory AuthoritiesApproval of Product in each Major Market. The Unit Operator Pfenex and Hospira shall submit copies of cooperate with one another to update and/or amend the Development Plan and/or Product Data Sheet from time to time at the request of a Party by such Party’s submission of the proposed amendment to the Regulatory Authorities for approval.
Executive Steering Committee. Within ten (210) The Commission may review, and make recommendations to Business Days following the Regulatory Authorities with regard to, submission by a Development Plan.
(3) The Regulatory Authorities shall approve the Development Plan where:
(a) the project is commercially viable;
(b) the contractor or licensee possesses the competence and resources needed to exploit the reservoir to the best commercial advantage;
(c) the contractor or licensee is seeking to exploit the reservoir to the best commercial advantage consistent with good oilfield practice;
(d) the contractor or licensee could reasonably be expected to carry out the exploitation Party of the reservoir during the specified period;
(e) the contractor or licensee has entered into contracts for the sale of gas from the project which are consistent with arm’s length transactions.
(4) The Regulatory Authorities shall specify their reasons for not approving a Development Plan including identification of the criteria in paragraph (2) that the contractor or licensee has failed to meet.
(5) The Regulatory Authorities shall ensure that the exploitation of the Unit Area shall be in accordance with the Development Plan.
(6) The Unit Operator may at any time submit, and if at any time the Regulatory Authorities so decide may be required to submit, proposals to bring up to date or otherwise amend the Development Plan. All amendments or additions to the Development Plan require the prior approval of the Regulatory Authorities.
(7) Where the Unit Operator has been notified by either Regulatory Authority that the Development Plan or an such proposed amendment to the Development Plan has not been approvedand/or Product Data Sheet, the Regulatory Authorities Executive Steering Committee shall consult decide whether to approve such amendment, or a modified version thereof. Notwithstanding the above, Hospira shall have the right to make updates and/or amendments to the Initial Development Plan and any updated Development Plan without submitting such changes to the Executive Steering Committee so long as such updates and/or amendments do not result in a delay to any “Finish Date” to a Critical Task (as defined in that certain memorandum exchanged between the Parties on the Signature Date and referencing this Agreement). The Parties shall refer to the most current Development Plan when identifying the applicable Finish Date with each other respect to a Critical Task. In all events Hospira shall promptly notify the Project Lead for the Development Program at Pfenex of such updates and with amendments. Such notice may be provided by email to the Unit Operator with a view Project Lead. Except as set forth in this Section 3.2(a), neither the Development Plan nor Product Data Sheet may be amended without the prior documented approval of the Executive Steering Committee (subject to reaching agreementthe limitations on Hospira’s final decision making authority as set forth in Section 3.2(b) below).
(8) The Regulatory Authorities b) Hospira shall require not have the Sunrise Joint Venturers not right to change exercise its final decision-making authority within the status or function of any Unit Installation in the Unit Area in any way except in accordance Executive Steering Committee with an amendment respect to amendments to the Development Plan in a manner (x) that would cause a material delay in the timelines set forth in the Initial Development Plan (for clarity, the timelines in the Initial Development Plan for a particular activity shall be subject to extension for matters beyond the reasonable control of the Party responsible for the particular activity (e.g., delays related to clinical hold by a Regulatory Agency); provided, that such Party uses Commercially Reasonable Efforts to mitigate any such delay and such extension shall be limited to the period necessary to accommodate such delay), (y) that is inconsistent terms of this Agreement, or (z) that would unilaterally impose any material obligation on Pfenex (including causing Pfenex to incur or share any cost that is not provided for in the Development Plan or this Agreement as of the date hereof); provided, that Pfenex shall not unreasonably withhold, condition or delay the consent to perform activities requested by Hospira that are necessary or useful for the development of Product and Pfenex is in the unique position of being able to perform such activities and Hospira agrees to reimburse Pfenex’s internal and external costs incurred in connection with the performance of such activities (which in the case of internal costs shall be determined in accordance with paragraph (2GAAP).
(9) Where a Sunrise Joint Venturer has entered into contracts for the sale of gas from the project that are part of an approved Development Plan, no action may be taken by the Regulatory Authorities to withhold the supply of that gas.
Appears in 2 contracts
Sources: Development and License Agreement (Pfenex Inc.), Development and License Agreement (Pfenex Inc.)
Development Plan. The Development of each Licensed Product in the Field under this Agreement shall be conducted pursuant to a comprehensive written Development plan (1the “Development Plan”). Each Development Plan shall set forth the timeline and details of all non-clinical and clinical Development activities: (a) Production to be conducted by the Parties as necessary to generate data useful for both Parties to obtain Regulatory Approval of petroleum such Licensed Product [*] = Certain confidential information contained in this document, marked by brackets, is filed with the Securities and Exchange Commission pursuant to Rule 406 of the Securities Act of 1933, as amended. by both the EMA and FDA for any indication in the Field that the Parties agree to pursue; and (b) any other Development activities that the Parties agree to pursue in collaboration for such Licensed Product in the Field in the Territory. The Development Plan shall not commence until also set forth the budget of such Development activities to be carried out by the Parties (the “Development Budget”). As of the Effective Date, the Parties have agreed upon a sample Development Plan for the effective exploitation a particular Licensed Product that directly and selectively modulates a Target that is member of the Unit ReservoirsmicroRNA 208/499 target family, which has been submitted by plan is attached to this Agreement as Exhibit D, includes only the Unit Operator pre-clinical Development activities for such Licensed Product and contains a programme shall be updated as provided below. The JRDC shall prepare and plans agreed in accordance with Joint Venturers’ Agreementssubmit to the JSC for review and approval the initial Development Plan for each Selected Licensed Product promptly upon the JRDC’s selection of such Selected Licensed Product. From time to time during the Term (no less than once per year), has been the JRDC shall prepare an update and amendment, as appropriate, to each then-current Development Plan (including Development Budget) and shall submit such updates and amendments to the JSC for review and approval. Once approved by the Regulatory AuthoritiesJSC, each such revised Development Plan shall replace the prior Development Plan for such Licensed Product. The Unit Operator shall submit copies If the terms of the Development Plan to the Regulatory Authorities for approval.
(2) The Commission may reviewcontradict, and make recommendations to the Regulatory Authorities with regard to, a Development Plan.
(3) The Regulatory Authorities shall approve the Development Plan where:
(a) the project is commercially viable;
(b) the contractor or licensee possesses the competence and resources needed to exploit the reservoir to the best commercial advantage;
(c) the contractor create inconsistencies or licensee is seeking to exploit the reservoir to the best commercial advantage consistent with good oilfield practice;
(d) the contractor or licensee could reasonably be expected to carry out the exploitation of the reservoir during the specified period;
(e) the contractor or licensee has entered into contracts for the sale of gas from the project which are consistent with arm’s length transactions.
(4) The Regulatory Authorities shall specify their reasons for not approving a Development Plan including identification of the criteria in paragraph (2) that the contractor or licensee has failed to meet.
(5) The Regulatory Authorities shall ensure that the exploitation of the Unit Area shall be in accordance with the Development Plan.
(6) The Unit Operator may at any time submit, and if at any time the Regulatory Authorities so decide may be required to submit, proposals to bring up to date or otherwise amend the Development Plan. All amendments or additions to the Development Plan require the prior approval of the Regulatory Authorities.
(7) Where the Unit Operator has been notified by either Regulatory Authority that the Development Plan or an amendment to the Development Plan has not been approvedambiguities with, the Regulatory Authorities terms of this Agreement, then the terms of this Agreement shall consult with each other and with the Unit Operator with a view to reaching agreementgovern.
(8) The Regulatory Authorities shall require the Sunrise Joint Venturers not to change the status or function of any Unit Installation in the Unit Area in any way except in accordance with an amendment to the Development Plan in accordance with paragraph (2).
(9) Where a Sunrise Joint Venturer has entered into contracts for the sale of gas from the project that are part of an approved Development Plan, no action may be taken by the Regulatory Authorities to withhold the supply of that gas.
Appears in 2 contracts
Sources: License and Collaboration Agreement (Signal Genetics, Inc.), License and Collaboration Agreement (Signal Genetics, Inc.)
Development Plan. Within [***] days after the Effective Date, Licensee shall provide MEE with a bona fide written development plan that describes Licensee’s plan for bringing the subject matter of the Licensed Intellectual Property to practical application (1) Production of petroleum shall not commence until a “Development Plan”). The Development Plan must set forth the particular Licensed Products and practical applications of Licensed Products that Licensee initially intends to develop and cite Licensee’s specific goals and objectives for the effective exploitation ensuing year for developing the Licensed Product; provided, however that, notwithstanding the content or limited scope of the Unit Reservoirs, which has been submitted by the Unit Operator and contains a programme and plans agreed in accordance with Joint Venturers’ Agreements, has been approved by the Regulatory Authorities. The Unit Operator shall submit copies of the Development Plan to the Regulatory Authorities for approval.
(2) The Commission may review, and make recommendations to the Regulatory Authorities with regard to, a any such Development Plan.
(3) The Regulatory Authorities , in order to satisfy the diligence obligations of Licensee under this Agreement, Licensee shall approve use Commercially Reasonable Efforts to achieve the Development Plan where:
(a) the project is commercially viable;
(b) the contractor or licensee possesses the competence following minimum objectives for development and resources needed to exploit the reservoir to the best commercial advantage;
(c) the contractor or licensee is seeking to exploit the reservoir to the best commercial advantage consistent with good oilfield practice;
(d) the contractor or licensee could reasonably be expected to carry out the exploitation of the reservoir during the specified period;
(e) the contractor or licensee has entered into contracts for the sale of gas from the project which are consistent with arm’s length transactions.
(4) The Regulatory Authorities shall specify their reasons for not approving a Development Plan including identification of the criteria in paragraph (2) that the contractor or licensee has failed to meet.
(5) The Regulatory Authorities shall ensure that the exploitation of the Unit Area shall be diligence under this Agreement in accordance with the timings as stated below. Licensee shall, either directly or through its Affiliate(s) or Sublicensee(s), use Commercially Reasonable Efforts to proceed with the development and commercialization of at least one Licensed Product for each Licensed Gene Sequence in the Field of Use, as follows: [***] In the event that, despite the continuous use of Commercially Reasonable Efforts by Licensee (or by its Sublicensee or Affiliate, as applicable), Licensee becomes aware that, due to any relevant key scientific, regulatory, safety, development, regulatory or commercial challenges beyond the reasonable control of Licensee, any of the above development or regulatory or commercial launch milestone dates as stated in this Section 5.1.2 or in the Development Plan.
(6) The Unit Operator may at any time submitPlan will not be achieved, Licensee will notify MEE in writing in advance of such failure to achieve the expected development or regulatory or commercial launch milestone dates, and the parties will confer in good faith to discuss a revised development plan in order to overcome such challenges or obstacles. In the event that Licensee, after such discussions proposes in good-faith a revised Development Plan that is reasonably acceptable to MEE, in view of the applicable challenges and obstacles, Licensee shall have the right to continue under the exclusive license granted, and if Licensee continuously and fully adheres to such revised Development Plan using at all times its Commercially Reasonable Efforts, then the failure to meet any time of the Regulatory Authorities so decide may be required to submit, proposals to bring up to date timing obligations stated above in this Section 5.1.2 or otherwise amend the Development Plan. All amendments or additions to in the Development Plan require will not, in and of itself and without any other failure, be considered to be a failure to satisfy the prior approval diligence obligations of the Regulatory Authorities.
(7) Where the Unit Operator Licensee [***] Certain information in this document has been notified by either Regulatory Authority that omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. under this Agreement. Licensee shall be permitted to propose a revised Development Plan or an amendment under this paragraph only once for each Licensed Product under this Agreement, and in the event that Licensee then fails to the continuously and fully adhere to such revised Development Plan has not been approvedusing at all times its Commercially Reasonable Efforts, the Regulatory Authorities shall consult with each other and with the Unit Operator with such failure will be deemed a view to reaching agreementmaterial breach of this Agreement.
(8) The Regulatory Authorities shall require the Sunrise Joint Venturers not to change the status or function of any Unit Installation in the Unit Area in any way except in accordance with an amendment to the Development Plan in accordance with paragraph (2).
(9) Where a Sunrise Joint Venturer has entered into contracts for the sale of gas from the project that are part of an approved Development Plan, no action may be taken by the Regulatory Authorities to withhold the supply of that gas.
Appears in 1 contract
Sources: Exclusive License Agreement (Selecta Biosciences Inc)
Development Plan. Within three (13) Production months following the Effective Date, the JDC shall develop an initial Development Plan, which will contain detailed provisions governing all pre-clinical and clinical development, budgets and timelines, manufacturing, and regulatory work to be performed to obtain Regulatory Approval of petroleum shall not commence until a the Initial Product. The Development Plan for shall be subject to final approval by Endo, except that, subject to Section 2.1(d)(ii), the effective exploitation of the Unit ReservoirsDevice design, which has been submitted by the Unit Operator development and contains a programme and plans agreed in accordance with Joint Venturers’ Agreements, has been approved by the Regulatory Authorities. The Unit Operator shall submit copies manufacturing portion of the Development Plan shall be subject to final approval by Alexza. As long as the Regulatory Authorities for approval.
(2) The Commission may reviewProduct is being developed, and make recommendations to the Regulatory Authorities with regard to, a Development Plan.
(3) The Regulatory Authorities JDC shall approve review the Development Plan where:
(a) at least annually and may, from time to time, provide comments to and/or generate a proposed revised version of the project Development Plan that is commercially viable;
(b) consistent with the contractor or licensee possesses terms of this Agreement and the competence and resources needed to exploit goals of the reservoir Parties’ collaborative development of the Product, which revised version shall be submitted to the best commercial advantage;
(c) JSC for approval as set forth above. The JSC shall give good faith consideration to any comments and/or revisions provided by the contractor or licensee is seeking JDC with respect to exploit the reservoir to the best commercial advantage consistent with good oilfield practice;
(d) the contractor or licensee could reasonably be expected to carry out the exploitation of the reservoir during the specified period;
(e) the contractor or licensee has entered into contracts for the sale of gas from the project which are consistent with arm’s length transactions.
(4) The Regulatory Authorities shall specify their reasons for not approving a Development Plan including identification of the criteria in paragraph (2) that the contractor or licensee has failed to meet.
(5) The Regulatory Authorities shall ensure that the exploitation of the Unit Area shall be in accordance with the Development Plan.
(6, but the final determination as to what changes and/or revisions shall be made to any Development Plan shall be made by the JSC, [ * ] = Certain confidential information contained in this document, marked by brackets, has been omitted and filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended. subject to the provisions of Section 2.1(d) in the case of any deadlock among the members of the JSC. Once approved by the JSC, such revised Development Plan shall replace the prior Development Plan. The Unit Operator may at Development Plan shall allocate between the Parties responsibility for each development-related activity described therein in a manner consistent with Section 3.3. The Development Plan shall in no event be amended in a manner that would require either Party to perform any time submitassignment or task in a manner that would violate any applicable law or regulation. In the event of a change in any applicable law or regulation, and if at any time the Regulatory Authorities so decide may be required Parties shall work together to submit, proposals to bring up to date or otherwise amend the Development PlanPlan to enable each Party to comply fully with such law or regulation. All amendments or additions to If such amendment is not approved, the affected Party would be excused from performing any activity specified in the Development Plan require the prior approval of the Regulatory Authorities.
(7) Where the Unit Operator has been notified by either Regulatory Authority that the Development Plan would violate or an amendment to the Development Plan has not been approved, the Regulatory Authorities shall consult with each other and with the Unit Operator with result in a view to reaching agreement.
(8) The Regulatory Authorities shall require the Sunrise Joint Venturers not to change the status or function violation of any Unit Installation in the Unit Area in any way except in accordance with an amendment to the Development Plan in accordance with paragraph (2)applicable law or regulation.
(9) Where a Sunrise Joint Venturer has entered into contracts for the sale of gas from the project that are part of an approved Development Plan, no action may be taken by the Regulatory Authorities to withhold the supply of that gas.
Appears in 1 contract
Sources: License, Development and Supply Agreement (Alexza Pharmaceuticals Inc.)
Development Plan. (1) Production CAC will use its reasonable commercial efforts to attempt ---------------- to develop the Project on behalf of petroleum shall not commence until a the Company. A description of the Development Plan is contained in the Offering Circular, and such plan is hereby approved by the Members. In consideration for contributing the Development Plan for the Project to the Company, CAC has, effective exploitation as of the Unit Reservoirsdate of this Agreement, which has been submitted by received a credit to its capital account in the Unit Operator and contains a programme and plans agreed in accordance with Joint Venturers’ Agreements, has been approved by the Regulatory AuthoritiesCompany. The Unit Operator Neither CAC nor any Affiliate shall submit copies of the Development Plan be liable to the Regulatory Authorities Company or BG or its Affiliates for approval.
(2) The Commission may reviewany losses, and make recommendations to the Regulatory Authorities with regard todamages, a Development Plan.
(3) The Regulatory Authorities shall approve the Development Plan where:
(a) the project is commercially viable;
(b) the contractor liabilities or licensee possesses the competence and resources needed to exploit the reservoir to the best commercial advantage;
(c) the contractor expenses resulting or licensee is seeking to exploit the reservoir to the best commercial advantage consistent with good oilfield practice;
(d) the contractor or licensee could reasonably be expected to carry out the exploitation of the reservoir during the specified period;
(e) the contractor or licensee has entered into contracts for the sale of gas arising from the project which are consistent with arm’s length transactions.
(4) The Regulatory Authorities shall specify their reasons for not approving a Development Plan including identification of the criteria in paragraph (2) that the contractor or licensee has failed to meet.
(5) The Regulatory Authorities shall ensure that the exploitation of the Unit Area shall be in accordance with the Development Plan.
(6) The Unit Operator may at , other than as a direct and proximate result of the gross negligence or willful misconduct of CAC; and neither CAC nor its Affiliates makes any time submit, and if at any time the Regulatory Authorities so decide may be required to submit, proposals to bring up to date representations or otherwise amend the Development Plan. All amendments or additions warranties as to the Development Plan require or the prior approval successful completion of the Regulatory Authorities.
Project. BG and its Affiliates will cooperated with CAC in connection with the development of the Project in all reasonable respects, including without limitation, providing pertinent information, documents or records or making appearances before regulatory authorities whose approvals are required for the Project. Additionally, NG hereby agrees to allow the Company to dispose of excavated rock or soil on property in ▇▇▇▇▇▇ County owned by NG, subject to a commercially reasonable fee, or to locate for the Company a reasonably acceptable alternative site to dispose of such materials. Notwithstanding anything to the contrary in this Agreement or elsewhere, all costs, expenses, liabilities or obligations (7the "Development and Pre-Opening Costs") Where the Unit Operator has been notified incurred by either Regulatory Authority that CAC or any Affiliate in connection with the Development Plan or an amendment in connection with any other matter of any kind or nature prior to the Development Plan has opening for public business of the Casino Facility (other than costs of services provided by the regular employees of CA at no additional cost to it), (i) shall not been approvedexceed the sum of one million dollars ($1,000,000) without the consent of CAC and (ii) shall be deemed, the Regulatory Authorities shall consult with each other as and with the Unit Operator with when incurred or paid by CAC or its Affiliates, to be a view to reaching agreement.
(8) The Regulatory Authorities shall require the Sunrise Joint Venturers not to change the status or function of any Unit Installation in the Unit Area in any way except in accordance with an amendment contribution to the Development Plan in accordance with paragraph (2)capital of the Company pursuant to Section 3.1(b)(i) below.
(9) Where a Sunrise Joint Venturer has entered into contracts for the sale of gas from the project that are part of an approved Development Plan, no action may be taken by the Regulatory Authorities to withhold the supply of that gas.
Appears in 1 contract
Sources: Members Agreement (Isle of Capri Black Hawk Capital Corp)
Development Plan. (1) Production of petroleum 8.3.1. The SPC shall not commence until prepare a Development Plan for the effective exploitation Dry Port setting out the proposed development of the Unit ReservoirsMandatory Capital Works and provision of the Mandatory Dry Port Services along with other additional services and corresponding facilities that the SPC intends to develop operate and maintain during the Term with a view to ensure that Dry Port is developed with adequate capacity and layout to allow for the secure, which has been submitted by the Unit Operator speedy and contains a programme smooth flow of containers, cargoes and plans agreed in accordance with Joint Venturers’ Agreements, has been approved by the Regulatory Authoritiesvehicles. The Unit Operator Development Plan shall inter-alia include traffic forecasts for the Term and link all planned major development to these forecasts. The SPC shall prepare and submit copies the Development Plan for approval of the AUTHORITY within 60 days of the date of execution of the Agreement. The AUHTORITY shall either itself or through an industry expert appointed by it for this purpose, undertake review of the Development Plan and be entitled to require the Regulatory Authorities for approval.
(2) The Commission may review, and make recommendations SPC to the Regulatory Authorities with regard to, a Development Plan.
(3) The Regulatory Authorities shall approve modify or amend the Development Plan where:
(a) in order to comply with the project requirement of the Master Plan, Development Standards and Requirements, Operation and Maintenance Standards and Requirements; and with a view to ensure that Dry Port is commercially viable;
(b) developed with adequate capacity and layout to allow for the contractor or licensee possesses secure, speedy and smooth flow of containers, cargoes and vehicles, and to make provision for expansion of capacity, as appropriate, taking into account the competence modes of transport served, the requirements of the users of the Dry Port and resources needed expected future container and cargo volumes. The SPC shall pursuant to exploit AUTHORITY’s review, promptly and in any case within 15 days of written notice of such change, incorporate all comments/observations/modifications conveyed by AUTHORITY, in respect of the reservoir Development Plan, to the best commercial advantage;
(c) satisfaction of the contractor or licensee is seeking AUTHORITY and re- submit the same for AUTHORITY’s approval so as to exploit procure AUTHORITY’s approval prior to expiry of 06 months from date of this Agreement, which approval AUHTORITY shall not unreasonably withhold if SPC complies with the reservoir directions. Notwithstanding anything to the best commercial advantage consistent with good oilfield practice;
(d) contrary contained in this Agreement, the contractor or licensee could reasonably Parties hereby acknowledge and agree that nothing in this Article 8.3 shall be expected deemed to carry out the exploitation be an approval by AUTHORITY of the reservoir during the specified period;
(e) the contractor or licensee has entered into contracts for the sale of gas from the project which are consistent with arm’s length transactions.
(4) The Regulatory Authorities shall specify their reasons for not approving a any Development Plan including identification of (or any part thereof) submitted by the criteria in paragraph (2) that the contractor or licensee has failed to meet.
(5) The Regulatory Authorities shall ensure that the exploitation of the Unit Area shall be SPC in accordance with the Development Plan.
(6) The Unit Operator may at aforesaid provisions, including but not limited to any time submit, minimum projected traffic/cargo volume. It is expressly agreed that it shall be sole responsibility and if at any time obligation of the Regulatory Authorities so decide may be required SPC to submit, proposals to bring up to date or otherwise amend ensure that the Development Plan. All amendments or additions to the final Development Plan require is in full compliance with the prior approval requirements of this Agreement and nothing in this Agreement shall, in any way, absolve the Regulatory Authorities.
(7) Where the Unit Operator has been notified by either Regulatory Authority SPC of its obligation to ensure that the final Development Plan or an amendment to the Development Plan has not been approved, the Regulatory Authorities shall consult with each other and with the Unit Operator with a view to reaching agreement.
(8) The Regulatory Authorities shall require the Sunrise Joint Venturers not to change the status or function of any Unit Installation in the Unit Area in any way except is in accordance with an amendment to the provisions of this Agreement.
8.3.2. The Development Plan in accordance with paragraph (2).
(9) Where a Sunrise Joint Venturer has entered into contracts for the sale of gas Dry Port must be consistent with the Business Plan, Master Plan and Applicable Laws and must incorporate the Mandatory Capital Works and Mandatory Dry Port Services and additional services [if any]. Any significant deviations from the project Business Plan must be fully explained. The Development Plan shall be made pursuant to full consultation with all major stakeholders, including but not limited to users, Shipping lines and related Government authority. The Development Plan must demonstrate that are part of an approved Development Plan, no action may be taken by it is consistent with the Regulatory Authorities to withhold the supply of that gasquality and service performance standards as set out in this Agreement.
Appears in 1 contract
Sources: Model Agreement for Development of a Dry Port Under PPP Mode