Common use of Ownership and Use of Project Data and Operational Information Clause in Contracts

Ownership and Use of Project Data and Operational Information. (a) Timor-Leste has title to all data including Project Data, Operational Information and Operational Information Reports and, to the extent necessary, the Contractor hereby assigns all of its rights, including copyright, in the Project Data, Operational Information and Operational Information Reports to the Ministry and agrees to do all things necessary and to execute all documents necessary to so assign ownership (including of copyright). (b) Subject only to the limitations set out Applicable Law and paragraph 16.3(e) below, the Ministry may publish or disclose or make such use as it wishes of any Project Data, Operational Information, Operational Information Reports and any other reports, plans and records provided to it by the Contractor. (c) Nothing in this Article 16 prevents the Ministry using any data and information (including that contained in Project Data and Operational Information) for the purpose of general statistical and other general reporting (public or otherwise) on its activities. (d) The Operational Information is not confidential and may be made available to the public by the Ministry as it elects or as requested under Article 30(3)(b) or 30(4) of the Act. (e) The Ministry shall not publicly disclose or make available, other than as required by the Act or for the purpose of the resolution of disputes under this Contract, any of the Project Data until the earliest of: (i) [two (2) years] after it was acquired by the Contractor, unless the Parties agree in writing to a different period of time, not to exceed five (5) years; (ii) in respect of Project Data which is included in or relates to a Development Plan, approval of that Development Plan; (iii) in respect of Project Data which relates to a relinquished area, relinquishment of that area; (iv) this Contract ceasing to apply for any reason to an area, in respect of Project Data which relates to that area; or (v) expiration or termination of this Contract. (f) The Contractor may only use the Project Data for the Petroleum Operations or for an application for an Authorisation, unless it obtains prior written consent from the Ministry. (g) The Contractor shall not disclose the Project Data other than: (i) to its employees, agents, contractors and affiliates to the extent necessary for the proper and efficient carrying on of Petroleum Operations and provided that, prior to disclosure, that person has agreed to maintain the confidentiality of the Project Data on the same terms as the Contractor; (ii) as required by any law applicable to the Contractor; (iii) for the purpose of the resolution of disputes under this Contract; or (iv) as required by a recognised stock exchange. (h) Except with the prior written consent of the Ministry, or as required by Applicable Law, provided that the Contractor has provided advance prior notice to the Ministry sufficient to allow the Ministry to object, a Contractor may not sell or disclose any Project Data or Operational Information or any other data or information relating to the Petroleum Operations. (i) Any copies of, additional samples of or other material related to, the Project Data that has been reproduced for use in Petroleum Operations shall be returned to the Ministry upon termination of Petroleum Operations if requested by Ministry. (j) The non-disclosure obligations set out in paragraphs 16.3 (e) above do not apply to any piece of Project Data which a Party can show is or becomes part of the public domain, other than by a breach of this Contract or in respect of which the Ministry or other government agency of Timor-Leste determines that the public interest in disclosure outweighs any interest in maintaining confidentiality.

Ownership and Use of Project Data and Operational Information. (a) Timor-Leste has title to The ANP shall own all data including Project Data, Operational Information and Operational Information Reports and, to the extent necessary, the Contractor hereby assigns all of its rights, including copyright, in the Project Data, Operational Information and Operational Information Reports to the Ministry ANP and agrees to do all things necessary and to execute all documents necessary to so assign ownership (including of copyright). (b) Subject to only to the limitations set out Applicable Law and in paragraph 16.3(e15.4(e) below, the Ministry ANP may publish or disclose or make such use as it wishes of any Project Data, Operational Information, Operational Information Reports and any other reports, plans and records provided to it by the Contractor. (c) Nothing in this Article 16 15 prevents the Ministry ANP using any data and information (including that contained in Project Data and Operational Information) for the purpose of general statistical and other general reporting (public or otherwise) on its activities. (d) The Operational Information is not confidential and may be made available to the public by the Ministry ANP as it elects or as requested under Article 30(3)(b) or 30(4) of the Act. (e) The Ministry ANP shall not publicly disclose or make available, other than as required by the Act or for the purpose of the resolution of disputes under this ContractAgreement, any of the Project Data until the earliest of: (i) [two (2) years] years after it was acquired by the Contractor, unless the Parties agree in writing to a different period of time, not to exceed five (5) years; (ii) in respect of Project Data which is included in or relates to a Development Plan, approval of that Development Plan; (iii) in respect of Project Data which relates to a relinquished area, relinquishment of that area; (iv) this Contract Agreement ceasing to apply for any reason to an area, in respect of Project Data which relates to that area; or (v) expiration or termination of this ContractAgreement. (f) The Contractor may only use the Project Data for the Petroleum Operations or for an application for an Authorisation, unless it obtains prior written consent from the MinistryANP. (g) The Contractor shall not disclose the Project Data other than: (i) to its employees, agents, contractors and affiliates to the extent necessary for the proper and efficient carrying on of Petroleum Operations and provided that, prior to disclosure, that person has agreed to maintain the confidentiality of the Project Data on the same terms as the Contractor; (ii) as required by any law applicable to the Contractor; (iii) for the purpose of the resolution of disputes under this ContractAgreement; or (iv) as required by a recognised stock exchange. (h) Except with the prior written consent of the MinistryANP, or as required by Applicable Lawlaw or the rules of a recognized stock exchange, provided that the Contractor has provided advance prior notice to the Ministry ANP sufficient to allow the Ministry ANP to object, a Contractor may not sell or disclose any Project Data or Operational Information or any other data data, information or information records relating to the Petroleum Operations. (i) Any copies of, additional samples of or other material related to, the Project Data that has been reproduced for use in Petroleum Operations shall will be returned to the Ministry ANP upon termination of Petroleum Operations if requested by MinistryOperations. (j) The non-disclosure obligations set out in paragraphs 16.3 15.4(c) and (e) above do not apply to any piece of Project Data which a Party can show is or becomes part of the public domain, other than by a breach of this Contract Agreement or in respect of which the Ministry ANP or other government agency of Timor-Leste determines that the public interest in disclosure outweighs any interest in maintaining confidentiality.