Common use of Development Plan Clause in Contracts

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. 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. (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

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. (1Attached as Schedule 3.2(a) Production of petroleum shall not commence until a is the initial Development Plan for (the effective exploitation “Initial Development Plan”), which contains detailed provisions governing all clinical development, budgets and timelines, Manufacturing, and regulatory work expected, as of the Unit ReservoirsEffective Date, which has been submitted to be performed by BDSI and Endo to obtain initial Regulatory Approval of Product in the U.S., provided that, notwithstanding anything to the contrary, BDSI’s obligations under the Initial Development Plan shall be limited to the performance of the Clinical Trials***, described therein as being performed by BDSI (the “Initial BDSI Trials”), ***. Endo shall provide BDSI a period of not more than *** to provide substantive comments on any amendments to the Development Plan and protocols for Clinical Trials. Endo shall give good faith consideration to all substantive comments timely provided by BDSI and shall revise the Development Plan, such amendments and each such protocol to reflect any such comments provided by BDSI that Endo, in its reasonable discretion, shall deem necessary or appropriate. As long as Product is being developed, the JDC shall review the Development Plan at least annually and may, from time to time, provide comments to and/or revise the Development Plan in a manner consistent with the terms of this Agreement and the goals of the Parties’ collaborative development of Product. The final determination as to what changes and/or revisions shall be made to any Development Plan shall be made by the Unit Operator JDC and contains a programme and plans agreed will be subject to the provisions of Section 2.3 in the case of any deadlock among the members of the JDC. ***. Once approved in accordance with Joint Venturers’ Agreementsthis Agreement, has been approved by a revised Development Plan shall replace the Regulatory Authoritiesprior Development Plan. The Unit Operator Development Plan shall submit copies in no event be amended in a manner that would require either Party to perform any assignment 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, the Parties shall work together in good faith to amend the Development Plan to enable each Party to comply fully with such law or regulation. If such amendment is not approved, 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 affected Party would be excused from performing any activity specified in the Development Plan where: (a) the project is commercially viable; (b) the contractor that would violate 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 result in 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 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 and Development Agreement (Biodelivery Sciences International 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.)