Common use of Failure to Comply with the Minimum Work Program or Additional Commitments Clause in Contracts

Failure to Comply with the Minimum Work Program or Additional Commitments. In case of a failure to comply with the work commitments determined in accordance with Articles 4.2, 4.3 and 4.4, the Contractor shall pay the Fund as liquidated damages: (a) The amount required to carry out the Work Units that have not been completed at the end of the Initial Exploration Period, calculated as provided in Article 17.1 (1) and Annex 5, up to the amount of the Initial Performance Guarantee. (b) The amount required to carry out the Work Units that the Contractor agreed to perform during the First Additional Exploration Period in terms of Article 4.3 and that have not been executed at the end of such period, calculated in terms of Article 17.1 (c) and Annex 5, up to the amount of the First Additional Performance Guarantee. (c) The amount required to carry out the Work Units that the Contractor agreed to perform during the Second Additional Exploration Period in terms of Article 4.4 and that have not been executed at the end of such period, calculated in terms of Article 17.1 (e) and Annex 5, up to the amount of the Second Additional Performance Guarantee. (d) In the event that the Contractor relinquishes the entire Contract Area pursuant to Article 3.4, the date of relinquishment will be deemed to be the end of the Initial Exploration Period, First Additional Exploration Period or Second Additional Exploration Period, as the case may be, and the corresponding liquidated damages pursuant to subparagraphs (a), (b) and (c) of this Article 4.7 will apply. (e) The CNH may draw the Exploration Performance Guarantee in the amount of the corresponding liquidated damages in the event the Contractor fails to pay such amount to the Fund within fifteen (15) Days following the end of the Initial Exploration Period, the First Additional Exploration Period or the Second Additional Exploration Period, as the case may be. Without prejudice of the provisions of this Contract, once the Contractor pays the amounts described in subparagraphs (a), (b) and (c), or in case the Exploration Performance Guarantee is drawn as pursuant to subparagraph (e) of this Article 4.7, the breach of the Minimum Work Program, the Minimum Program Increase or the additional commitments acquired for the Additional Exploration Period will be considered as amended.

Failure to Comply with the Minimum Work Program or Additional Commitments. In case the event of a failure to comply with the work Minimum Work Program, in the Minimum Program Increase or the additional commitments determined in accordance with Articles 4.2, 4.3 and 4.4acquired for the Additional Exploration Period, the Contractor shall pay to the Fund Fund, as representative of the Nation, as liquidated damages: (a) The amount required necessary to carry out the Work Units that have of the Minimum Work Program not been completed at the end of the Initial Exploration PeriodPeriod as well as Work Units not completed of the Minimum Program Increase if the Contractor has not been granted with an Additional Exploration Period at the end of the Initial Exploration Period in accordance with this Article 4, calculated as provided in Article 17.1 17.1 (1c) and in Annex 5, up to the amount of the Initial Performance Guarantee. (b) The amount required necessary to carry out the Work Units that the Contractor agreed to perform during the First Additional Exploration Period in terms of pursuant to Article 4.3 and that have not been executed carried out at the end of such period, the Additional Exploration Period calculated in terms of as provided by Article 17.1 (cb) and in Annex 5, up to the amount of the First Additional Performance Period Guarantee. (c) The amount required to carry out the Work Units that the Contractor agreed to perform during the Second Additional Exploration Period in terms of Article 4.4 and that have not been executed at the end of such period, calculated in terms of Article 17.1 (e) and Annex 5, up to the amount of the Second Additional Performance Guarantee. (d) In the event that the Contractor relinquishes the entire Contract Area pursuant to Article 3.43.5, the date of relinquishment will be deemed to be the end of the Initial Exploration Period, First Additional Exploration Period or Second Additional Exploration Period, as the case may be, and the corresponding related liquidated damages pursuant to subparagraphs (a), (b) and (cb) of this Article 4.7 4.4 will applybe applicable. (ed) The CNH may draw make effective the Exploration Performance Guarantee in the amount of the corresponding liquidated damages in the event case the Contractor fails to pay such amount amounts to the Fund within fifteen (15) Days following the end of the Initial Exploration Period, the First Additional Exploration Period or the Second Additional Exploration Period, as the case may be. Without prejudice of the provisions of this Contract, once the Contractor pays the amounts described in subparagraphs (a), (b) and (cb), or in case the Exploration event the Performance Guarantee is drawn as made effective pursuant to subparagraph (ed) of this Article 4.74.4, it will be considered that the Contractor has corrected the breach of the Minimum Work Program, the Minimum Program Increase or the additional commitments acquired for the Additional Exploration Period will be considered as amendedPeriod.

Failure to Comply with the Minimum Work Program or Additional Commitments. In case of a failure to comply with the work commitments determined in accordance with Articles 4.2, 4.3 and 4.4, the Contractor shall pay the Fund as liquidated damages: (a) The amount required to carry out the Work Units that have not been completed at the end of the Initial Exploration Period, calculated as provided in Article 17.1 (1) and Annex 5, up to the amount of the Initial Performance Guarantee. (b) The amount required to carry out the Work Units that the Contractor agreed to perform during the First Additional Exploration Period in terms of Article 4.3 and that have not been executed at the end of such period, calculated in terms of Article 17.1 (c) and Annex 5, up to the amount of the First Additional Performance Guarantee. (c) The amount required to carry out the Work Units that the Contractor agreed to perform during the Second Additional Exploration Period in terms of Article 4.4 and that have not been executed at the end of such period, calculated in terms of Article 17.1 (e) and Annex 5, up to the amount of the Second Additional Performance Guarantee. (d) In the event that the Contractor relinquishes the entire Contract Area pursuant to Article 3.4, the date of relinquishment will be deemed to be the end of the Initial Exploration Period, First Additional Exploration Period or Second Additional Exploration Period, as the case may be, and the corresponding liquidated damages pursuant to subparagraphs (a), (b) and (c) of this Article 4.7 will apply. (e) The CNH may draw the Exploration Performance Guarantee in the amount of the corresponding liquidated damages in the event the Contractor fails to pay such amount to the Fund within fifteen (15) Days following the end of the Initial Exploration Period, the First Additional Exploration Period or the Second Additional Exploration Period, as the case may be. Without prejudice of the provisions of this Contract, once the Contractor pays the amounts described in subparagraphs (a), (b) and (c), or in case the Exploration Performance Guarantee is drawn as pursuant to subparagraph (e) of this Article 4.7, the breach of the Minimum Work Program, the Minimum Program Increase or the additional commitments acquired for the Additional Exploration Period will be considered as amended.

Failure to Comply with the Minimum Work Program or Additional Commitments. In case of a failure to comply with the work commitments determined in accordance with Articles 4.2, 4.3 and 4.4, the Contractor shall pay the Fund as liquidated damages: (a) The amount required to carry out the Work Units that have not been completed at the end of the Initial Exploration Period, calculated as provided in Article 17.1 17.1 (1a) and Annex 5, up to the amount of the Initial Performance Guarantee. (b) The amount required to carry out the Work Units that the Contractor agreed to perform during the First Additional Exploration Period in terms of Article 4.3 and that have not been executed at the end of such period, calculated in terms of Article 17.1 (c) and Annex 5, up to the amount of the First Additional Performance Guarantee. (c) The amount required to carry out the Work Units that the Contractor agreed to perform during the Second Additional Exploration Period in terms of Article 4.4 and that have not been executed at the end of such period, calculated in terms of Article Article 17.1 (e) and Annex 5, up to the amount of the Second Additional Performance Guarantee. (d) In the event that the Contractor relinquishes the entire Contract Area pursuant to Article 3.4, the date of relinquishment will be deemed to be the end of the Initial Exploration Period, First Additional Exploration Period or Second Additional Exploration Period, as the case may be, and the corresponding liquidated damages pursuant to subparagraphs (a), (b) and (c) of this Article 4.7 will apply. (e) The CNH may draw the Exploration Performance Guarantee in the amount of the corresponding liquidated damages in the event the Contractor fails to pay such amount to the Fund within fifteen (15) Days following the end of the Initial Exploration Period, the First Additional Exploration Period or the Second Additional Exploration Period, as the case may be. Without prejudice of the provisions of this Contract, once the Contractor pays the amounts described in subparagraphs (a), (b) and (c), or in case the Exploration Performance Guarantee is drawn as pursuant to subparagraph (e) of this Article 4.7, the breach of the Minimum Work Program, the Minimum Program Increase or the additional commitments acquired for the Additional Exploration Period will be considered as amended.

Failure to Comply with the Minimum Work Program or Additional Commitments. In case the event of a failure to comply with the work Minimum Work Program, the Minimum Program Increase or the additional commitments determined in accordance with Articles 4.2, 4.3 and 4.4acquired for the Additional Exploration Period, the Contractor shall pay to the Fund Fund, as representative of the Nation, as liquidated damages: (a) The amount required necessary to carry out the Work Units that have of the Minimum Work Program not been completed at the end of the Initial Exploration PeriodPeriod as well as Work Units not completed of the Minimum Program Increase if the Contractor has not been granted with an Additional Exploration Period at the end of the Initial Exploration Period in accordance with this Article 4, calculated as provided in Article 17.1 17.1 (1c) and in Annex 5, up to the amount of the Initial Performance Guarantee. (b) The amount required necessary to carry out the Work Units that the Contractor agreed to perform during the First Additional Exploration Period in terms of pursuant to Article 4.3 and that have not been executed carried out at the end of such period, the Additional Exploration Period calculated in terms of as provided by Article 17.1 (cb) and in Annex 5, up to the amount of the First Additional Performance Period Guarantee. (c) The amount required to carry out the Work Units that the Contractor agreed to perform during the Second Additional Exploration Period in terms of Article 4.4 and that have not been executed at the end of such period, calculated in terms of Article 17.1 (e) and Annex 5, up to the amount of the Second Additional Performance Guarantee. (d) In the event that the Contractor relinquishes the entire Contract Area pursuant to Article 3.43.5, the date of relinquishment will be deemed to be the end of the Initial Exploration Period, First Additional Exploration Period or Second Additional Exploration Period, as the case may be, and the corresponding related liquidated damages pursuant to subparagraphs (a), (b) and (cb) of this Article 4.7 4.4 will applybe applicable. (ed) The CNH may draw make effective the Exploration Performance Guarantee in the amount of the corresponding liquidated damages in the event case the Contractor fails to pay such amount amounts to the Fund within fifteen (15) Days following the end of the Initial Exploration Period, the First Additional Exploration Period or the Second Additional Exploration Period, as the case may be. Without prejudice of the provisions of this Contract, once the Contractor pays the amounts described in subparagraphs (a), (b) and (cb), or in case the Exploration event the Performance Guarantee is drawn as made effective pursuant to subparagraph (ed) of this Article 4.74.4, it will be considered that the Contractor has corrected the breach of the Minimum Work Program, the Minimum Program Increase or the additional commitments acquired for the Additional Exploration Period will be considered as amendedPeriod.

Failure to Comply with the Minimum Work Program or Additional Commitments. In case of a failure If the Contractor fails to comply with the work Minimum Work Program, with the Minimum Program Increase or with the additional commitments determined in accordance with Articles 4.2, 4.3 and 4.4made for the Additional Appraisal Period, the Contractor shall pay to the Fund on behalf of the Nation as liquidated damages: (a) The amount required to carry out the Work Units that have of the Minimum Work Program not been completed at the end of the Initial Exploration Appraisal Period, or the Work Units not completed in the Increase in the Minimum Program if the Contractor has not been granted an Additional Appraisal Period at the end of the Initial Appraisal Period in accordance with this Article 4, calculated as provided in Article 17.1 16.1 (1a) and in Annex 56, up to the amount of the Initial Performance Guarantee. (b) The amount required to carry out the additional Work Units that the Contractor agreed to perform upon during the First Additional Exploration Appraisal Period in terms of pursuant to Article 4.3 and that have not been executed completed at the end of such period, calculated in terms of Article 17.1 (c) and Annex 5the Additional Appraisal Period, up to the amount of the First Additional Performance Period Guarantee, calculated in accordance with Article 16.1(b) and Annex 6. (c) The amount required to carry out the Work Units that the Contractor agreed to perform during the Second Additional Exploration Period in terms of Article 4.4 and that have not been executed at the end of such period, calculated in terms of Article 17.1 (e) and Annex 5, up to the amount of the Second Additional Performance Guarantee. (d) In the event that If the Contractor relinquishes the entire Contract Area pursuant to Article 3.43.5, the date of relinquishment will be deemed to be the end of the Initial Exploration Period, First Additional Exploration Appraisal Period or Second the Additional Exploration Appraisal Period, as the case may be, and the corresponding related liquidated damages pursuant to subparagraphs (a), (b) and (cb) of this Article 4.7 4.4 will applybe applicable. (ed) The CNH may draw on the Exploration Performance Guarantee in the amount of the corresponding liquidated damages in the event if the Contractor fails to pay such amount amounts to the Fund within fifteen (15) Days following the end of the Initial Exploration Appraisal Period, the First Additional Exploration Period or the Second Additional Exploration Period, as the case may be. Without prejudice of the provisions of this Contract, once the Contractor pays the amounts described in subparagraphs (a), (b) and (cb), or in the case the Exploration Performance Guarantee is drawn cashed as pursuant to subparagraph (ed) of this Article 4.74.4, the breach of the Minimum Work Program, the Increase of the Minimum Work Program Increase or the additional commitments acquired for the Additional Exploration Period will shall be considered as amended.

Failure to Comply with the Minimum Work Program or Additional Commitments. In case of a failure If the Contractor fails to comply with the work Minimum Work Program, with the Minimum Program Increase or with the additional commitments determined in accordance with Articles 4.2, 4.3 and 4.4made for the Additional Appraisal Period, the Contractor shall pay to the Fund on behalf of the Nation as liquidated damages: (a) The amount required to carry out the Work Units that have of the Minimum Work Program not been completed at the end of the Initial Exploration Appraisal Period, or the Work Units not completed in the Increase in the Minimum Program if the Contractor has not been granted an Additional Appraisal Period at the end of the Initial Appraisal Period in accordance with this Article 4, calculated as provided in Article 17.1 16.1 (1a) and in Annex 56, up to the amount of the Initial Performance Guarantee. (b) The amount required to carry out the additional Work Units that the Contractor agreed to perform upon during the First Additional Exploration Appraisal Period in terms of pursuant to Article 4.3 and that have not been executed completed at the end of such period, calculated in terms of Article 17.1 (c) and Annex 5the Additional Appraisal Period, up to the amount of the First Additional Performance Period Guarantee, calculated in accordance with Article 16.1(b) and Annex 6. (c) The amount required to carry out the Work Units that the Contractor agreed to perform during the Second Additional Exploration Period in terms of Article 4.4 and that have not been executed at the end of such period, calculated in terms of Article 17.1 (e) and Annex 5, up to the amount of the Second Additional Performance Guarantee. (d) In the event that If the Contractor relinquishes the entire Contract Area pursuant to Article 3.43.5, the date of relinquishment will be deemed to be the end of the Initial Exploration Period, First Additional Exploration Appraisal Period or Second the Additional Exploration Appraisal Period, as the case may be, and the corresponding related liquidated damages pursuant to subparagraphs (a), (b) and (cb) of this Article 4.7 4.4 will applybe applicable. (ed) The CNH may draw on the Exploration Performance Guarantee in the amount of the corresponding liquidated damages in the event if the Contractor fails to pay such amount amounts to the Fund within fifteen (15) Days following the end of the Initial Exploration Appraisal Period, the First Additional Exploration Period or the Second Additional Exploration Period, as the case may be. Without prejudice of the provisions of this Contract, once the Contractor pays the amounts described in subparagraphs (a), (b) and (cb), or in case the Exploration Performance Guarantee is drawn cashed as pursuant to subparagraph (ed) of this Article 4.74.4, the breach of the Minimum Work Program, the Increase of the Minimum Work Program Increase or the additional commitments acquired for the Additional Exploration Period will shall be considered as amended.

Failure to Comply with the Minimum Work Program or Additional Commitments. In case of a failure to comply with the work commitments determined in accordance with Articles 4.2, 4.3 and 4.4, the Contractor shall pay the Fund as liquidated damages: (a) The amount required to carry out the Work Units that have not been completed at the end of the Initial Exploration Period, calculated as provided in Article 17.1 17.1 (1a) and Annex 5, up to the amount of the Initial Performance Guarantee. (b) The amount required to carry out the Work Units that the Contractor agreed to perform during the First Additional Exploration Period in terms of Article 4.3 and that have not been executed at the end of such period, calculated in terms of Article 17.1 (c) and Annex 5, up to the amount of the First Additional Performance Guarantee. (c) The amount required to carry out the Work Units that the Contractor agreed to perform during the Second Additional Exploration Period in terms of Article 4.4 and that have not been executed at the end of such period, calculated in terms of Article 17.1 (e) and Annex 5, up to the amount of the Second Additional Performance Guarantee. (d) In the event that the Contractor relinquishes the entire Contract Area pursuant to Article 3.4, the date of relinquishment will be deemed to be the end of the Initial Exploration Period, First Additional Exploration Period or Second Additional Exploration Period, as the case may be, and the corresponding liquidated damages pursuant to subparagraphs (a), (b) and (c) of this Article 4.7 will apply. (e) The CNH may draw the Exploration Performance Guarantee in the amount of the corresponding liquidated damages in the event the Contractor fails to pay such amount to the Fund within fifteen (15) Days following the end of the Initial Exploration Period, the First Additional Exploration Period or the Second Additional Exploration Period, as the case may be. Without prejudice of the provisions of this Contract, once the Contractor pays the amounts described in subparagraphs (a), (b) and (c), or in case the Exploration Performance Guarantee is drawn as pursuant to subparagraph (e) of this Article 4.7, the breach of the Minimum Work Program, the Minimum Program Increase or the additional commitments acquired for the Additional Exploration Period will be considered as amended.