Common use of Programmes and Budgets Clause in Contracts

Programmes and Budgets. Unless otherwise approved by GFBV and NAPL, all proposed Programmes and Budgets relating to the APP Project, to the extent that such Programmes and Budgets relate to work to be conducted prior to the expiry of the Option Period, shall be prepared by the Managing Director and copies thereof submitted to the GFAP Board and the GFBV Observers on an annual basis. During the Option Period and provided NAPL and NAPF are in compliance with their obligations under this Agreement (including its funding obligations under Clause 7.2) and the Services Agreement and the Managaing Director is in compliance with his or her obligations under the MD Agreement, the GFAP Board shall have the authority to approve any proposed Programme and Budget and the making of any Earn-in Expenditures relating thereto unless such approval or the making of such Earn-in Expenditures would: 8.2.1 cause GFF or GFAP to be in breach of its obligations under any APP Project agreements, licenses or permits (including the APP Project License) or cause a breach by GFF or GFAP of Applicable Law; or 8.2.2 be materially prejudicial to GFF or GFAP.

Appears in 2 contracts

Sources: Acquisition and Framework Agreement (Gold Fields LTD), Acquisition and Framework Agreement (North American Palladium LTD)