Common use of Emergency and Other Expenditures Outside Work Programs and Budgets Clause in Contracts

Emergency and Other Expenditures Outside Work Programs and Budgets. (a) Without need of further approval by ANPM, the Contractor is entitled to over-expend by the lesser of Three Hundred Thousand United States Dollars (USD 300,000) or ten percent (10%) on any line item of an approved Work Program and Budget for any given Contract Year. (b) Without need of further approval by ANPM, the total amount of all over-expenditures set forth in Article 5.3(a) above in relation to the Work Program and Budget for any given Contract Year cannot exceed the lesser of Three Million (USD 3,000,000) United States Dollars or ten percent (10%) of the total expenditures set forth in the relevant Work Program and Budget. (c) Contractor shall promptly inform ANPM if it anticipates (or should reasonably anticipate) to exceed any of the limits set forth in Article 5.3(b) above, and immediately request ANPM for a revision of relevant Work Program and Budget accordingly. (d) Notwithstanding Articles 5.3(a) and 5.3(b) above, in order for the over-expenditure mentioned therein to qualify as Recoverable Costs, they must be subsequently approved by ANPM, who shall assess whether or not such additional costs were effectively necessary to complete the Work Program and did not result from Contractor’s failure to fulfil its obligations under this Contract. (e) Nothing in this Article 5.3 precludes or excuses the Contractor from taking all necessary and proper measures for the protection of life, health, environment and property if there is an emergency (including, but not limited to, a significant fire, explosion, Petroleum discharge, sabotage, incident involving loss of life, serious injury to an employee, sub-contractor or third party, or serious property damage; strikes and riots; or evacuation of the Operator's personnel). The Contractor shall inform ANPM as soon as possible of the occurrence and details of the emergency and the actions it has taken and/or intends to take in accordance with the Applicable Law in Timor-Leste to efficiently address the emergency situation.

Emergency and Other Expenditures Outside Work Programs and Budgets. (a) Without need of further approval by ANPM, the Contractor is entitled to over-expend expend, by the lesser of Three Two Hundred Thousand United States Dollars (USD 300,000200,000) or ten five percent (105%) on any line item of an the approved Work Program and Budget for any given Contract Year. (b) Without need of further approval by ANPM, the total amount of all over-expenditures expenditure set forth in Article 5.3(a4.9(a) above in relation to the Work Program and Budget for any given Contract Year cannot exceed the lesser of Three One Million (USD 3,000,000) United States Dollars (USD 1,000,000) or ten percent (10%) of the total expenditures expenditure set forth in the relevant Work Program and Budget. (c) The Contractor shall promptly inform ANPM if it anticipates (or should reasonably anticipate) to exceed any of the limits set forth in Article 5.3(b4.9(b) above, and immediately request ANPM for a revision of relevant Work Program and Budget accordingly. (d) Notwithstanding Articles 5.3(a4.9(a) and 5.3(b4.9(b) above, in order for the over-expenditure mentioned therein to qualify as Recoverable Costs, they must be subsequently approved by ANPM, who shall assess whether or not such additional costs were effectively necessary to complete the Work Program and did not result from Contractor’s failure to fulfil its obligations under this Contract. (e) Nothing in this Article 5.3 4.9 precludes or excuses the Contractor from taking all necessary and proper measures for the protection of life, health, environment and property if there is an emergency (including, but not limited to, a significant fire, explosion, Petroleum discharge, sabotage, incident involving loss of life, serious injury to an employee, sub-contractor or third party, or serious property damage; strikes and riots; or evacuation of the Operator's personnel). The Contractor shall inform ANPM as soon as possible of the occurrence and details of the emergency and the actions it has taken and/or intends to take in accordance with the Applicable Law in Timor-Leste to efficiently address the emergency situation.

Emergency and Other Expenditures Outside Work Programs and Budgets. (a) Without need of further approval by ANPM, the Contractor is entitled to over-expend expend, by the lesser of Three Two Hundred Thousand United States Dollars (USD 300,000200,000) or ten percent (10%) on any line item of an the approved Work Program and Budget for any given Contract Year. (b) Without need of further approval by ANPM, the total amount of all over-expenditures expenditure set forth in Article 5.3(a4.9(a) above in relation to the Work Program and Budget for any given Contract Year cannot exceed the lesser of Three One Million (USD 3,000,000) United States Dollars (USD 1,000,000) or ten percent (10%) of the total expenditures expenditure set forth in the relevant Work Program and Budget. (c) The Contractor shall promptly inform ANPM if it anticipates (or should reasonably anticipate) to exceed any of the limits set forth in Article 5.3(b4.9(b) above, and immediately request ANPM for a revision of relevant Work Program and Budget accordingly. (d) Notwithstanding Articles 5.3(a4.9(a) and 5.3(b4.9(b) above, in order for the over-expenditure mentioned therein to qualify as Recoverable Costs, they must be subsequently approved by ANPM, who shall assess whether or not such additional costs were effectively necessary to complete the Work Program and did not result from Contractor’s failure to fulfil its obligations under this Contract. (e) Nothing in this Article 5.3 4.9 precludes or excuses the Contractor from taking all necessary and proper measures for the protection of life, health, environment and property if there is an emergency (including, but not limited to, a significant fire, explosion, Petroleum discharge, sabotage, incident involving loss of life, serious injury to an employee, sub-contractor or third party, or serious property damage; strikes and riots; or evacuation of the Operator's personnel). The Contractor shall inform ANPM as soon as possible of the occurrence and details of the emergency and the actions it has taken and/or intends to take in accordance with the Applicable Law in Timor-Leste to efficiently address the emergency situation.

Emergency and Other Expenditures Outside Work Programs and Budgets. (a) Without need of further approval by ANPM, the Contractor is entitled to over-expend by the lesser of Three Hundred Fifty Thousand United States Dollars (USD 300,00050,000) or ten two-point-five percent (102.5%) on any line item of an approved Work Program and Budget for any given Contract Year. (b) Without need of further approval by ANPM, the total amount of all over-expenditures set forth in Article 5.3(a) above in relation to the Work Program and Budget for any given Contract Year cannot exceed the lesser of Three One Million (USD 3,000,000) United States Dollars (USD 1,000,000) or ten two-point- five percent (102.5%) of the total expenditures set forth in the relevant Work Program and Budget. (c) The Contractor shall promptly inform ANPM if it anticipates (or should reasonably anticipate) to exceed any of the limits set forth in Article 5.3(b) above, and immediately request ANPM for a revision of relevant Work Program and Budget accordingly. (d) Notwithstanding Articles 5.3(a) and 5.3(b) above, in order for the over-expenditure mentioned therein to qualify as Recoverable Costs, they must be subsequently approved by ANPM, who shall assess whether or not such additional costs were effectively necessary to complete the Work Program and did not result from Contractor’s failure to fulfil its obligations under this Contract. (e) Nothing in this Article 5.3 precludes or excuses the Contractor from taking all necessary and proper measures for the protection of life, health, environment and property if there is an emergency (including, but not limited to, a significant fire, explosion, Petroleum discharge, sabotage, incident involving loss of life, serious injury to an employee, sub-contractor or third party, or serious property damage; strikes and riots; or evacuation of the Operator's personnel). The Contractor shall inform ANPM as soon as possible of the occurrence and details of the emergency and the actions it has taken and/or intends to take in accordance with the Applicable Law in Timor-Leste to efficiently address the emergency situation.