GENERAL RIGHTS AND OBLIGATIONS OF THE PARTIES. 8.1 Subject to the provisions of this Contract, the Contractor shall have the following rights:
(a) subject to the provisions of Article 12, the exclusive right to carry out Petroleum Operations to recover costs and expenses as provided in this Contract. The right shall exclude exploitation of coal/lignite bed methane (CBM) by the Contractor in the Contract Area;
(b) the right to use, free of charge, such quantities of Petroleum produced as are reasonably required for conducting Petroleum Operations in the Contract Area in accordance with generally accepted modern oilfield and petroleum industry practices;
(c) the right to lay pipelines, build roads, construct bridges, ferries, aerodromes, landing fields, radio telephones and related communication and infrastructure facilities and exercise other ancillary rights as may be reasonably necessary for the conduct of Petroleum Operations subject to such approvals as may be required and the applicable laws in force from time to time for the regulation and control thereof;
(d) the right to use all available technical data, seismic and well information, maps, samples etc. of the Contract Area as on the Effective Date, free of charge, subject to nominal copying/reproduction costs for further Petroleum Operations. The Contractor shall submit the list of all data required by them to Directorate General of Hydrocarbons (DGH) based on the list of data provided in the information docket for the block pertaining to the Contract Area as soon as possible but not later than one hundred and eighty (180) days from the execution of the Contract and the same, if available and reproducible, shall be made available to the Contractor in the office of DGH within ninety (90) days from the submission of such request for data by the Contractor, provided the Effective Date of the Contract has commenced and the Contractor has furnished relevant guarantees under Article 29 of the Contract.
(e) such other rights as are specified in this Contract.
8.2 The Government reserves the right to itself, or to grant to others the right, to prospect for and mine minerals or substances other than Petroleum within the Contract Area; provided, however, that if after the Effective Date, others are issued rights, or the Government proceeds directly to prospect for and mine in the Contract Area any minerals or substances other than Petroleum, the Contractor shall use its best efforts to avoid obstruction to or interference with such operations within the C...
GENERAL RIGHTS AND OBLIGATIONS OF THE PARTIES. Subject to the provisions of this Contract, the Contractor shall have the following rights:
GENERAL RIGHTS AND OBLIGATIONS OF THE PARTIES. Nothing in this Agreement shall affect the Customer’s statutory rights as a consumer.
GENERAL RIGHTS AND OBLIGATIONS OF THE PARTIES. Relating to the Project
1. A Party may, subject to approval by the JWC and the conditions imposed by it, at its own expense and in consultation with KOBWA:
(a) construct and operate within its territory, hydro-electric power complexes at any dam in the Komati River Basin: Provided that no water shall be released from storage for the purpose of hydro-electric power generation only, unless such Party has assigned water from its allocation in terms of Article 12 for this purpose, or KOBWA has approved the release from storage of water in terms of the operating rules referred to in Article 9(2)(f);
(b) utilise within its own territory, Reservoir Areas or other sites under the control of KOBWA for the promotion of tourism or for the development of the recreational or any commercial potential of such area or site.
2. Each Party shall, where necessary, enact appropriate legislation to enable it to give effect to the terms of this Treaty and shall ensure that any such legislation be enacted in time to allow for the effective design, construction, operation and maintenance of the Project.
3. Each Party shall, in respect of its territory, cause KOBWA or the other Party as the case may be, to be granted all powers, authorisations, exemptions and rights including access rights, necessary for the design, construction, operation and maintenance of the Project.
(a) Each Party shall, subject to the normal requirements of national legislation, ensure the granting of visas and other travel documents to personnel of KOBWA or the other Party, as the case may be, engaged in the design, construction, operation and maintenance of the Project and shall ensure the necessary freedom of access to the location of the works forming part of the Project to such personnel.
(b) The provisions of paragraph (a) shall not be construed so as to affect, in any way, the sovereign right of a Party to prohibit the entry into or call for the removal from its territory of any person.
(c) While the Parties acknowledge and accept that any person who may at any time be engaged within their respective territories for a legitimate purpose in connection with the implementation of this Treaty is subject to their respective civil and criminal laws, the Parties hereby undertake to forthwith advise each other through the diplomatic channel, of any legal proceedings they respectively propose to institute against any such person.
5. Each Party shall in its own territory be responsible for the payment of all du...
GENERAL RIGHTS AND OBLIGATIONS OF THE PARTIES. The Company shall deliver Goods and/or render the Services personally and/or its duly qualified personnel/employees. The Company shall perform the Services in good faith, considering the best interests of GWP. The Company shall ensure that the personnel involved in the Services shall apply all their skills and professional standards. The Company shall consider the recommendations and instructions of GWP during the Services. The Company shall refuse the GWP’s recommendations and instructions only with the prior approval of GWP. The Company shall, upon oral or written request, immediately deliverer to GWP any documentation and information related to the Services, work progress and upon completion of the Services, deliver a final report. The Company shall be fully responsible for the damages caused to GWP or any other person as a result of Company ’s failure to fulfil its obligations in full or in part, or as a result of Company ’s willful or negligent action or inaction. GWP shall pay the Purchase Price in accordance the terms and conditions of the Agreement. GWP shall delivered all available information and documentation, required for the Services to the Company . In case the Company fails to fulfil any of its obligations herein or in any other part of the Agreement, GWP is entitled, in its sole discretion to reduce the Purchase Price pro rata to the violated obligation(s). Such proportion shall be defined by GWP.
GENERAL RIGHTS AND OBLIGATIONS OF THE PARTIES. 2.1. The Data Processing shall be conducted by Processor on behalf of Controller. Controller shall be responsible for compliance with applicable data protection laws.
2.2. Processor may process personal data only within the scope of this Agreement and in accordance with the instructions of Controller. In particular, Processor shall only correct, delete or limit the processing of personal data according to the instructions of Controller. In the event that an affected data subject addresses Processor directly in such regard, Processor shall, where reasonably possible, immediately forward such request to Controller.
2.3. Controller shall issue verbal instructions to Processor only in urgent cases and immediately thereafter confirm such instructions at least in text form.
2.4. Processor shall process personal data only within the territory of a member state of the European Union or of a signatory state of the Agreement on the European Economic Area. Any transfer and processing of personal data to third countries shall require the prior written consent of Controller and shall only be given if the conditions of Art. 44 et. seq. General Data Protection Regulation of the European Union (GDPR) are met.
2.5. Processor shall regularly audit its internal processes and data protection security mechanisms for compliance with applicable data protection laws.
2.6. If required by law, Processor shall appoint a data protection officer in writing. Processor shall notify Controller of the contact details of such data protection officer to allow Controller to directly contact such data protection officer.
2.7. Processor shall within its capabilities assist Controller in fulfilling Controller’s obligations under Art. 12 through 22 GDPR and Art. 32 to 36 GDPR. The costs thereof shall be borne by Controller.
2.8. Processor shall only delegate the Data Processing to such employees who are bound by confidentiality obligations or who are subject to an appropriate statutory duty of confidentiality. Persons subordinated to Processor, having access to personal data of Controller, shall process such data exclusively in accordance with the instructions of Controller, unless such persons are legally obliged to process such data.
2.9. Upon completion of the Data Processing and upon complete termination of the Main Contract at the latest, Processor shall, at the choice of the Controller, and as far as Processor is not bound by statutory retention duties, either (a) return all personal data ...
GENERAL RIGHTS AND OBLIGATIONS OF THE PARTIES. 7.1. Contractor shall have the right to do the following:
7.1.1. Carry out exploration and production of hydrocarbons within the Contract Territory on the exclusive basis.
7.1.2. Independently take any legal actions with regard to Subsoil utilization within the boundaries of the allotted Contract territory in accordance with the terms stated in the Contract.
7.1.3. Use the results of own activity including oil production at the discretion of the Contractor.
7.1.4. Erect production and social facilities required for hydrocarbons’ exploration and production within the Contract Territory and in case of need on other plots allocated to the Contractor in the established order.
7.1.5. By the agreement with the owners of general use utilities make use of these facilities within the Contract territory and outside it.
7.1.6. Xxxxx on negotiations to prolong the Contract period in accordance with the p.3.3 of the Contract.
7.1.7. Invite Subcontractors to perform some kinds of work connected with exploration and production of hydrocarbons.
7.1.8. Assign all own rights or part of them to the Third Party in compliance with the contractual terms and legislation of the State.
7.1.9. Terminate his activity in accordance with the contractual terms and legislation of the State.
7.1.10. In case of Contract termination the Contractor shall have a right to handle the property at his discretion, unless otherwise stated in the Contract
7.1.11. Contractor’s rights can be supplemented by the Parties’ agreement provided that it is not in conflict with the Legislation of the State.
GENERAL RIGHTS AND OBLIGATIONS OF THE PARTIES. 7.1 Under this Contract the Contractor shall have the right:
7.1.1 to carry out Production operations in the Contract Area on the exclusive basis;
7.1.2 to independently perform any legal acts with regard to subsoil use operations within the Contract Area allocated to it in accordance with the conditions specified in the Contract;
7.1.3 to use at its own discretion results of its operations including Hydrocarbons;
7.1.4 to construct in the Contract Area and, if necessary, on other land plots allocated to the Contractor in the established procedure, industrial and social facilities required for carrying out Production operations;
7.1.5 to use common-use facilities and utilities in the Contract Area and beyond, subject to agreement with their owners,
7.1.6 to conduct negotiations on a priority basis regarding the extension of the Contract in accordance with Article 3.3 of the Contract;
7.1.7 to contract Subcontractors to carry out certain operations at the discretion of the Contractor, associated with Production operations;
7.1.8 to delegate its rights or part thereof to third parties subject to conditions specified by this Contract and the Effective Legislation of the Republic;
7.1.9 to terminate its activity on conditions specified by the Contract and the Effective Legislation;
7.1.10 in the event of termination of the Contract, to independently dispose of the property owned by it;
7.1.11 during the Term of the Contract, to export Hydrocarbons in accordance with the Current Legislation;
7.1.12 to use, reproduce, process, and export all Geological Information subject to the authorization by the Subsoil Research and Use Authorized Agency;
7.1.13 to conduct within the Contract Area all geophysical, engineering, environmental and geodetic studies which the Contractor considers necessary to carry out Petroleum Operations, including but not limited to seismic surveys, global positioning surveys, aerial photography, and the collection of soil, water, oil, gas, and rock samples for scientific and environmental studies. The Contractor shall be granted access to and/or permission to fly over the Contract Area to conduct the said studies, subject to obtaining appropriate authorizations;
7.1.14 to import equipment and supplies necessary to conduct the said studies as well as the right to export data, tapes and samples to laboratories outside the Republic for further studies subject to compliance with the Current Legislation.
7.1.15 The personnel of the Contractor and ...
GENERAL RIGHTS AND OBLIGATIONS OF THE PARTIES. 8.1 Subject to the provisions of this Contract, the Contractor shall have the following rights:
8.1.1 subject to the provisions of Article 12, the exclusive right to carry out Petroleum Operations to recover costs and expenses as provided in this Contract;
8.1.2 the right to use, free of charge, such quantities of Petroleum produced as are reasonably required for conducting Petroleum Operations in the Contract Area in accordance with generally accepted modern oilfield/gasfield and petroleum industry practices; and
8.1.3 the right to lay pipelines and build communication and infrastructure facilities and exercise other ancillary rights as may be reasonably necessary for the conduct of Petroleum Operations subject to such approvals as may be required and the applicable laws in force from time to time for the regulation and control thereof.
8.2 The Government reserves the right to itself, or to grant to others the right, to prospect for and mine minerals or substances other than Petroleum within the Contract Area; provided, however, that if after the Effective Date, others are issued rights, or the Government proceeds directly to prospect for and mine in the Contract Area any minerals or substances other than Petroleum, the Contractor shall use its best efforts to avoid obstruction to or interference with such operations within the Contract Area and the third parties and/or the Government, as the case may be, shall use best efforts to ensure that operations carried out do not obstruct or unduly interfere with Petroleum Operations in the Contract Area.
8.3 The Contractor shall, having due regard to modern oilfield/gasfield and petroleum industry practices and laws, statutes and regulations:
8.3.1 except as otherwise expressly provided in this Contract, conduct all Petroleum Operations at its sole risk, cost and expense and provide all funds necessary for the conduct of Petroleum Operations including funds for the purchase or lease of equipment, materials or supplies required for Petroleum Operations as well as for making payments to employees, agents and Subcontractors;
8.3.2 conduct all Petroleum Operations within or related to the Contract Area diligently, expeditiously, efficiently and in a safe and workmanlike manner pursuant to the Work Programme formulated in accordance with this Contract;
8.3.3 ensure provision of all information, data, samples etc. which may be required to be furnished under the applicable laws or under this Contract;
8.3.4 ensure that...
GENERAL RIGHTS AND OBLIGATIONS OF THE PARTIES. 1. The Relevant Authority shall be entitled:
1) To represent the Government of the Republic of Kazakhstan during the negotiations with the Concessionaire on terms of the Agreement;
2) To inform the Government of the Republic of Kazakhstan of fulfillment and non-fulfillment of the terms of the Agreement by the Concessionaire;
3) To inquiry and receive from the Concessionaire the information and reports on the fulfillment of the conditions of the Agreement;
4) To control the Concessionaire’s activities related to the fulfillment of the conditions of the Agreement;
5) To conduct monitoring of the realization of the Agreement by the Concessionaire.
2. The Relevant Authority shall be obliged:
1) during the period of the Agreement not to transfer to the third parties the similar rights specified in clause 1, section 2 of this Agreement;
2) to ensure fulfillment of the conditions of the Agreement properly and in accordance with the procedures stipulated by the Legislation of the Republic of Kazakhstan;
3) within its competence to provide the Concessionaire with the Contractual Territory in accordance with the Agreement;
4) upon the completion of the maintenance period to be duly engaged in the legalization of the State title to the Object within its competence;
5) within its competence to take part in providing the Concessionaire with the investment tax benefits;
6) other obligations set forth in this Agreement.
3. The Concessionaire shall be entitled:
1) To effect any independent legal activities on construction of the Object within the limits of the Contractual territory and under the conditions stated in the Agreement;
2) To construct the industrial units related to the Object maintenance;
3) To engage the contractors for the contractual works on construction and maintenance of the Object;
4) in accordance with the laws on capital markets to issue the infrastructural bonds in order to switch the institutional investors to the Project financing, mainly accumulative pension funds;
5) to obtain loans in any currency inside and outside the Republic of Kazakhstan for the financing of the Object construction unless contradicted to the legislation of the Republic of Kazakhstan;
6) to maintain the accounts both in national and foreign currency with the banks inside and outside the Republic of Kazakhstan for the fulfillment of this Agreement in order to obtain the funds being the proceeds and profits under the Agreement;
4. The Concessionaire shall be obliged:
1) To re...
