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) The Ministry shall have title to all data and information acquired in the carrying on, or as a result of Petroleum Operations. (b) Article 16.3(a) includes all project data and information, whether raw, derived, processed, interpreted or analysed (including cores, cuttings, samples, and all geological and geophysical, geochemical, drilling, well, production and engineering data and information), operational information, and operational information report that Contractor collect and compile under the Authorisation. (c) The Article 16 does not prevent the Ministry from 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 the Applicable Law. (e) The Ministry shall not publicly disclose or make available, other than as required by the Applicable Law 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 the data is 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 related to a relinquished area, relinquishment of that area; (iv) This Contract ceasing to apply for any reasons to an area, in respect of project data which related 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. (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 Article 16.3(e) 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 agencies of Timor-Leste determine that the public interest in disclosure outweighs any interest in maintaining confidentiality.