Ownership and Use of Project Data and Operational Information. (a) ANPM has title over all data and information acquired during the course or due to the carrying out of the Petroleum Operations. (b) Article 18.3(a) above includes, but it is not limited to, 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 the Contractor obtains, collects and compiles under this Contract. (c) This Article 18 does not prevent ANPM, in the course of its activities, 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 purpose (public or otherwise). (d) The Operational Information is not confidential and may be made available to the public by ANPM, at its sole discretion or at request under the Applicable Law in Timor-Leste. (e) Unless otherwise required by the Applicable Law in Timor-Leste or for the purpose of settle any dispute under Article 17 above, ANPM shall not publicly disclose or make available any of the data and information in relation to the Petroleum Operations until the earliest of: (i) two (2) Calendar Years after the date in which the data and information was acquired by the Contractor, unless the Parties agree in writing a longer period, which cannot, in any case, exceed five (5) Calendar Years; (ii) in respect to data and information included in or related to a Development Plan, until the date of approval thereof; (iii) in respect to project data and information related to the relinquishment of areas, until the date of relinquishment thereof; (iv) in relation to data and information related to portions of the Contract Area to which this Contract ceases to apply for any reasons, the date in which this Contract ceases to apply; or (v) upon expiry or termination of this Contract. (f) The Contractor may only use the data and information for the Petroleum Operations or to apply for other Authorisation. (g) The Contractor shall not disclose the data and information related to the Petroleum Operations other than: (i) to its employees, agents, contractors and Affiliates, to the extent necessary for the proper and efficient carrying out of the Petroleum Operations and provided that, prior to its disclosure, that Person has agreed to maintain the confidentiality of the such data and information on the exact same terms as the Contractor; (ii) as required by any law applicable to the Contractor; (iii) for the purpose of settling any dispute under this Contract; or (iv) as required by a recognised stock exchange entity. (h) Contractor cannot sell or disclose any data or Operational Information or any other data or information related to the Petroleum Operations, unless with ANPM’s prior express written consent or as required by Applicable Law in Timor-Leste and, in this latter case, always provided Contractor gives a reasonable advance prior notice to ANPM, so as to allow ANPM to object to such disclosure. (i) Any copies of, additional samples of or other material related to, the data and Operational Information that has been reproduced for use in the Petroleum Operations shall be returned to ANPM upon termination of Petroleum Operations or this Contract, whichever occurs first. (j) The non-disclosure obligations set forth in Article 18.3(e) above do not apply to any piece of data and Operational Information which a Party can unequivocally evidence to be or had become of the public domain, by any means other than breach of this Contract, or in relation to which ANPM or any Government agency of Timor-Leste has determined that the public interest in its disclosure outweighs any interest in maintaining it confidential.
Appears in 1 contract
Sources: Production Sharing Contract
Ownership and Use of Project Data and Operational Information. (a) ANPM has title over all data and information acquired during the course or due to the carrying out of the Petroleum Operations.
(b) Article 18.3(a) above includes, but it is not limited to, 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 the Contractor obtains, collects and compiles under this Contract.
(c) This Article 18 does not prevent ANPM, in the course of its activities, 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 purpose (public or otherwise).
(d) The Operational Information is not confidential and may be made available to the public by ANPM, at its sole discretion or at request under the Applicable Law in Timor-Leste.
(e) Unless otherwise required by the Applicable Law in Timor-Leste or for the purpose of settle any dispute under Article 17 above, ANPM shall not publicly disclose or make available any of the data and information in relation to the Petroleum Operations until the earliest of:
(i) two (2) Calendar Years after the date in which the data and information was acquired by the Contractor, unless the Parties agree in writing a longer period, which cannot, in any case, exceed five (5) Calendar Years;
(ii) in respect to data and information included in or related to a Development Plan, until the date of approval thereof;
(iii) in respect to project data and information related to the relinquishment of areas, until the date of relinquishment thereof;
(iv) in relation to data and information related to portions of the Contract Area to which this Contract ceases to apply for any reasons, the date in which this Contract ceases to apply; or
(v) upon expiry or termination of this Contract.
(f) The Contractor may only use the data and information for the Petroleum Operations or to apply for other Authorisation.
(g) The Contractor shall not disclose the data and information related to the Petroleum Operations other than:
(i) to its employees, agents, contractors and Affiliates, to the extent necessary for the proper and efficient carrying out of the Petroleum Operations and provided that, prior to its disclosure, that Person has agreed to maintain the confidentiality of the such data and information on the exact same terms as the Contractor;
(ii) as required by any law applicable to the Contractor;
(iii) for the purpose of settling any dispute under this Contract; or
(iv) as required by a recognised stock exchange entity.
(h) Contractor cannot sell or disclose any data or Operational Information or any other data or information related to the Petroleum Operations, unless with ANPM’s prior express written consent or as required by Applicable Law in Timor-Leste and, in this latter case, always provided Contractor gives a reasonable advance prior notice to ANPM, so as to allow ANPM to object to such disclosure.
(i) Any copies of, additional samples of or other material related to, the data and Operational Information that has been reproduced for use in the Petroleum Operations shall be returned to ANPM upon termination of Petroleum Operations or this Contract, whichever occurs first.
(j) The non-disclosure obligations set forth in Article 18.3(e) above do not apply to any piece of data and Operational Information which a Party can unequivocally evidence to be or had become of the public domain, by any means other than breach of this Contract, or in relation to which ANPM or any Government agency of Timor-Leste has determined that the public interest in its disclosure outweighs any interest in maintaining it confidential.
Appears in 1 contract
Sources: Production Sharing Contract