Ineligible Costs. Ineligible Costs are: (a) interest (or any payment in the nature of, in lieu of, or having the commercial effect of, interest) or other cost under, or in respect of, a Loan Facility; (b) Foreign exchange and currency hedging costs; (c) costs relating to formation of corporations or of any partnerships or joint venture arrangements, other than in respect of a unitisation as required by the Code; (d) payments of dividends or the cost of issuing shares; (e) repayments of equity or loan capital; (f) payments of private override royalties, net profits interests and the like; (g) all expenditure (including professional fees, publicity and out-of-pocket expenses) incurred in connection with the negotiation, signature or ratification of this Agreement and payments associated with the acquisition of an interest under this Agreement; (h) payments of taxes under the taxation law of either Timor-Leste or Australia made in accordance with Article 5 of the Treaty and Annex G of the Treaty, and all other taxes on income, profit or gain wherever arising; (i) payments of administrative accounting costs, and other costs indirectly associated with Petroleum Operations; (j) except with the consent of the Designated Authority, costs incurred in respect of Petroleum after it has passed the Field Export Point; (k) costs incurred as a result of non-compliance by the Contractor with the law or this Agreement, including costs incurred as a result of any negligent act or omission, or willful misconduct, of the Contractor, its agents and sub-contractors, including any amount paid in settlement of any claim alleging negligence or willful misconduct whether or not negligence or misconduct is admitted or whether such sum is stated to be paid on an ex-gratia or similar basis; (l) payment of compensation or damages under this Agreement; (m) costs relating to the settlement of disputes, which are not approved in advance by the Designated Authority, including all costs and expenses of arbitration or litigation proceedings under this Agreement; (n) Decommissioning costs actually incurred which have been taken into account for the purposes of determining the Decommissioning Costs Reserve; (o) payments, if any, under Article 9 of this Agreement; (p) audit fees and accounting fees (excluding fees and expenses incurred for the conduct of audit and accounting services required by this Agreement) incurred pursuant to the auditing and accounting requirements of any law and all costs and expenses incurred in connection with intragroup corporate reporting requirements (whether or not required by law); (q) except with the consent of the Designated Authority and in accordance with the conditions of the consent, any expenditure in respect of the hiring or leasing of structures, facilities, installations; equipment or other property, or of other works; (r) except with the consent of the Designated Authority, costs, including donations, relating to public relations or enhancement of the Contractor's corporate image and interests; (s) costs associated with local offices and local administration, including staff benefits, which are excessive; (t) costs which are not adequately supported and documented; (u) except with the consent of the Designated Authority, but subject to sub-Article 4.7 of this Agreement, costs not included in a Work Programme and Budget for the relevant Calendar Year; and (v) costs not falling within any of the above items which are stated elsewhere in this Agreement not to be recoverable (including in paragraph 2.1(d) of Article 2), or costs incurred without the consent or approval of the Designated Authority (where such is required).
Appears in 5 contracts
Samples: Production Sharing Contract, Production Sharing Contract, Production Sharing Contract
Ineligible Costs. Ineligible Costs are:
(a) interest (or any payment in the nature of, in lieu of, or having the commercial effect of, interest) or other cost under, or in respect of, a Loan Facility;
(b) Foreign foreign exchange and currency hedging costs;
(c) the positive difference between the costs relating to formation of corporations or of any partnerships or joint venture arrangements, other than in respect of a unitisation as required by the CodeAct;
(d) payments of dividends or the cost of issuing shares;
(e) repayments of equity or loan capital;
(f) payments of private override royalties, net profits interests and the like;
(g) all expenditure (including professional fees, publicity and out-of-pocket expenses) incurred in connection with the negotiation, signature or ratification of this Agreement Contract and payments associated with the acquisition of an interest under this AgreementContract;
(h) costs incurred by the Contractor before and during the negotiation of this Contract;
(i) costs and charges incurred after the signing of the Contract but before the Effective Date;
(j) expenditure in respect of any financial transaction to negotiate, float or otherwise obtain or secure funds for Petroleum Operations including but not limited to interest, commission, brokerage and fees related to such transaction as well as exchange losses on loan or other financing whether between Affiliates or otherwise;
(k) expenditure incurred in obtaining, furnishing and maintaining the guarantees required under the Contract and any other amount spent on indemnities with regard to non-fulfilment of contractual obligations;
(l) payments of taxes under the taxation law of either Timor-Leste or Australia made in accordance with Article 5 of the Treaty and Annex G of the TreatyLeste, and all other taxes on income, profit or gain wherever arising;
(im) fines and penalties imposed by any authority;
(n) payments of administrative accounting costs, and other costs indirectly associated with Petroleum Operations;
(jo) except with the consent of the Designated AuthorityMinistry, costs incurred in respect of Petroleum after it has passed the Field Export Point;
(kp) the positive difference between the costs of goods and services and the international market price for goods and services of similar quality supplied on similar terms prevailing in South and South East Asia at the times such goods or services were contracted by Contractor;
(q) charges for goods and services which are not in accordance with the relevant Contract with the Sub-Contractor or supplier;
(r) costs incurred as a result of non-compliance by the a Contractor with the any law or this AgreementContract, including costs incurred as a result of any negligent act or omission, or willful wilful misconduct, of the a Contractor, its agents and subor Sub-contractorsContractor, including any amount paid in settlement of any claim alleging negligence or willful misconduct wilful misconduct, whether or not negligence or misconduct is admitted or whether such sum is stated to be paid on an ex-gratia or similar basis;
(ls) costs, expenses and charges incurred for goods and services received under contracts awarded in non-compliance with the tendering procedures of the Contract;
(t) costs incurred as a result of wilful misconduct or negligence of a Contractor;
(u) payment of compensation or damages under this AgreementContract;
(mv) costs relating to the settlement of disputes, which are not approved in advance by the Designated AuthorityMinistry, including all costs and expenses of arbitration or litigation proceedings under this AgreementContract;
(nw) costs of expert determination pursuant to Article 19 of the Contract;
(x) Decommissioning costs actually incurred which have been taken into account for the purposes of determining the Decommissioning Costs ReserveFund;
(oy) payments, if any, under Article 9 of this Agreementinterests earned on the payments made to the Decommissioning Fund;
(pz) audit payments under Article 12 of the Contract;
(aa) fees and accounting fees (excluding fees and expenses incurred for the conduct of audit and accounting services required by this AgreementContract) incurred pursuant to the auditing and accounting requirements of any law and all costs and expenses incurred in connection with intragroup intra-group corporate reporting requirements (whether or not required by law);
(qbb) except with the consent of the Designated Authority Ministry and in accordance with the conditions of the consent, any expenditure in respect of the hiring or leasing of structuresFacilities, facilities, installations; equipment or other property, or of other works;
(rcc) except with the consent of the Designated AuthorityMinistry, costs, including donations, relating to public relations or enhancement of the Contractor's Party’s corporate image and interests;
(sdd) costs associated with local offices and local administration, including staff benefits, which which, by reference to International Financial Reporting Standards, are shown to be excessive;
(tee) costs for which original records do not or are not adequately supported and documentedcorrect in any material respect;
(uff) except with the consent of the Designated AuthorityMinistry, but subject to sub-Article 4.7 Section 4.9 of this Agreementthe Contract, costs not included in a Work Programme and Budget budget for the relevant Calendar Yearyear; and
(vgg) costs not falling within any of the above items which are stated elsewhere in this Agreement Contract not to be recoverable (including in paragraph Article 2.1(d) of Article 2)), or costs incurred without the consent or approval of the Designated Authority Ministry (where such is required).
Appears in 2 contracts
Samples: Offshore Production Sharing Contract, Production Sharing Contract
Ineligible Costs. Ineligible Costs are:
(a) interest (or any payment in the nature of, in lieu of, or having the commercial effect of, interest) or other cost under, or in respect of, a Loan Facility;
(b) Foreign exchange and currency hedging costs;
(c) costs relating to formation of corporations or of any partnerships or joint venture arrangements, other than in respect of a unitisation as required by the Code;
(d) payments of dividends or the cost of issuing shares;
(e) repayments of equity or loan capital;
(f) payments of private override royalties, net profits interests and the like;
(g) all expenditure (including professional fees, publicity and out-of-pocket expenses) incurred in connection with the negotiation, signature or ratification of this Agreement and payments associated with the acquisition of an interest under this Agreement;
(h) payments of taxes under the taxation law of either Timor-Leste or Australia made in accordance with Article 5 of the Treaty and Annex G of the Treaty, and all other taxes on income, profit or gain wherever arising;
(i) payments of administrative accounting costs, and other costs indirectly associated with Petroleum Operations;
(j) except with the consent of the Designated Authority, costs incurred in respect of Petroleum after it has passed the Field Export Point;
(k) costs incurred as a result of non-compliance by the Contractor with the law or this Agreement, including costs incurred as a result of any negligent act or omission, or willful misconduct, of the Contractor, its agents and sub-contractors, including any amount paid in settlement of any claim alleging negligence or willful misconduct whether or not negligence or misconduct is admitted or whether such sum is stated to be paid on an ex-gratia or similar basis;
(l) payment of compensation or damages under this Agreement;
(m) costs relating to the settlement of disputes, which are not approved in advance by the Designated Authority, including all costs and expenses of arbitration or litigation proceedings under this Agreement;
(n) Decommissioning costs actually incurred which have been taken into account for the purposes of determining the Decommissioning Costs Reserve;
(o) payments, if any, under Article 9 of this Agreement;
(p) audit fees and accounting fees (excluding fees and expenses incurred for the conduct of audit and accounting services required by this Agreement) incurred pursuant to the auditing and accounting requirements of any law and all costs and expenses incurred in connection with intragroup corporate reporting requirements (whether or not required by law);
(q) except with the consent of the Designated Authority and in accordance with the conditions of the consent, any expenditure in respect of the hiring or leasing of structures, facilities, installations; equipment or other property, or of other works;
(r) except with the consent of the Designated Authority, costs, including donations, relating to public relations or enhancement of the Contractor's corporate image and interests;
(s) costs associated with local offices and local administration, including staff benefits, which are excessive;
(t) costs which are not adequately supported and documented;
(u) except with the consent of the Designated Authority, but subject to sub-Article 4.7 4.5 of this Agreement, costs not included in a Work Programme and Budget for the relevant Calendar Year;
(v) Interim PSC Costs that are not Recoverable Costs pursuant to sub-Article 6.4 or Interim PSC Costs that are reduced pursuant to sub-Article 6.5; and
(vw) costs not falling within any of the above items which are stated elsewhere in this Agreement not to be recoverable (including in paragraph 2.1(d) of Article 2), or costs incurred without the consent or approval of the Designated Authority (where such is required).
Appears in 1 contract
Samples: Production Sharing Contract
Ineligible Costs. Ineligible Costs are:
(a) interest (or any payment in the nature of, in lieu of, or having havin g the commercial effect of, interest) or other cost under, or in respect of, a Loan Facility;
(b) Foreign exchange and currency hedging costs;
(c) costs relating to formation of corporations or of any partnerships or joint venture arrangements, other than in respect of a unitisation as required by the Code;
(d) payments of dividends or the cost of issuing shares;
(e) repayments of equity or loan capital;
(f) payments of private override royalties, net profits interests and the like;
(g) all expenditure (including professional fees, publicity and out-of-pocket expenses) incurred in connection with the negotiation, signature or ratification of this Agreement and payments associated with the acquisition of an interest under this Agreement;
(h) payments of taxes under the taxation law of either Timor-Leste or Australia made in accordance with Article 5 of the Treaty and Annex G of the Treaty, and all other taxes on income, profit or gain wherever arising;
(i) payments of administrative accounting costs, and other costs indirectly associated with Petroleum Operations;
(j) except with the consent of the Designated Authority, costs incurred in respect of Petroleum after it has passed the Field Export Point;
(k) costs incurred as a result of non-compliance by the Contractor with the law or this Agreement, including costs incurred as a result of any negligent act or omission, or willful misconduct, of the Contractor, its agents and sub-contractors, including any amount paid in settlement of any claim alleging negligence or willful wilful misconduct whether or not negligence or misconduct is admitted or whether such sum is stated to be paid on an ex-gratia or similar basis;
(l) payment of compensation or damages under this Agreement;
(m) costs relating to the settlement of disputes, which are not approved in advance by the Designated Authority, including all costs and expenses of arbitration or litigation proceedings under this Agreement;
(n) Decommissioning costs actually incurred which have been taken into account for the purposes of determining the Decommissioning Costs Reserve;
(o) payments, if any, under Article 9 of this Agreement;
(p) audit fees and accounting fees (excluding fees and expenses incurred for the conduct of audit and accounting services required by this Agreement) incurred pursuant to the auditing and accounting requirements of any law and all costs and expenses incurred in connection with intragroup corporate reporting requirements (whether or not required by law);
(q) except with the consent of the Designated Authority and in accordance with the conditions of the consent, any expenditure in respect of the hiring or leasing of structures, facilities, installations; equipment or other property, or of other works;
(r) except with the consent of the Designated Authority, costs, including donations, relating to public relations or enhancement of the Contractor's corporate image and interests;
(s) costs associated with local offices and local administration, including staff benefits, which are excessive;
(t) costs which are not adequately supported and documented;
(u) except with the consent of the Designated Authority, but subject to sub-Article 4.7 of this Agreement4.7, costs not included in a Work Programme and Budget for the relevant Calendar Year; and;
(v) costs not falling within any of the above items which are stated elsewhere in this Agreement not to be recoverable (including in paragraph Article 2.1(d) of Article 2)), or costs incurred without the consent or approval of the Designated Authority (where such is required).
Appears in 1 contract
Samples: Production Sharing Contract
Ineligible Costs. Ineligible Costs are:
(a) interest (or any payment in the nature of, in lieu of, or having the commercial effect of, interest) or other cost under, or in respect of, a Loan Facility;
(b) Foreign foreign exchange and currency hedging costs;
(c) the positive difference between the costs relating to formation of corporations or of any partnerships or joint venture arrangements, other than in respect of a unitisation as required by the CodeAct;
(d) payments of dividends or the cost of issuing shares;
(e) repayments of equity or loan capital;
(f) payments of private override royalties, net profits interests and the like;
(g) all expenditure (including professional fees, publicity and out-of-pocket expenses) incurred in connection with the negotiation, signature or ratification of this Agreement and payments associated with the acquisition of an interest under this Agreement;
(h) costs incurred by the Contractor before and during the negotiation of this Agreement;
(i) costs and charges incurred after the signing of the Agreement but before the Effective Date;
(j) expenditure in respect of any financial transaction to negotiate, float or otherwise obtain or secure funds for Petroleum Operations including but not limited to interest, commission, brokerage and fees related to such transaction as well as exchange losses on loan or other financing whether between Affiliates or otherwise;
(k) expenditure incurred in obtaining, furnishing and maintaining the guarantees required under the Agreement and any other amount spent on indemnities with regard to non-fulfilment of contractual obligations;
(l) payments of taxes under the taxation law of either Timor-Leste or Australia made in accordance with Article 5 of the Treaty and Annex G of the TreatyLeste, and all other taxes on income, profit or gain wherever arising;
(im) fines and penalties imposed by any authority;
(n) payments of administrative accounting costs, and other costs indirectly associated with Petroleum Operations;
(jo) except with the consent of the Designated AuthorityANP, costs incurred in respect of Petroleum after it has passed the Field Export Point;
(kp) the positive difference between the costs of goods and services and the international market price for goods and services of similar quality supplied on similar terms prevailing in South and South East Asia at the times such goods or services were contracted by Contractor;
(q) charges for goods and services which are not in accordance with the relevant agreement with the Sub-Contractor or supplier;
(r) costs incurred as a result of non-compliance by the a Contractor with the any law or this Agreement, including costs incurred as a result of any negligent act or omission, or willful wilful misconduct, of the a Contractor, its agents and subor Sub-contractorsContractor, including any amount paid in settlement of any claim alleging negligence or willful misconduct wilful misconduct, whether or not negligence or misconduct is admitted or whether such sum is stated to be paid on an ex-gratia or similar basis;
(ls) costs, expenses and charges incurred for goods and services received under contracts awarded in non-compliance with the tendering procedures of the Agreement;
(t) costs incurred as a result of wilful misconduct or negligence of a Contractor;
(u) payment of compensation or damages under this Agreement;
(mv) costs relating to the settlement of disputes, which are not approved in advance by the Designated AuthorityANP, including all costs and expenses of arbitration or litigation proceedings under this Agreement;
(nw) costs of expert determination pursuant to Article 14 of the Agreement;
(x) Decommissioning costs actually incurred which have been taken into account for the purposes of determining the Decommissioning Costs ReserveFund;
(oy) payments, if any, interests earned on the payments made to the Decommissioning Fund;
(z) payments under Article 9 11 of this the Agreement;
(paa) audit fees and accounting fees (excluding fees and expenses incurred for the conduct of audit and accounting services required by this Agreement) incurred pursuant to the auditing and accounting requirements of any law and all costs and expenses incurred in connection with intragroup intra-group corporate reporting requirements (whether or not required by law);
(qbb) except with the consent of the Designated Authority ANP and in accordance with the conditions of the consent, any expenditure in respect of the hiring or leasing of structures, facilities, installations; equipment or other property, or of other works;
(rcc) except with the consent of the Designated AuthorityANP, costs, including donations, relating to public relations or enhancement of the Contractor's Party’s corporate image and interests;
(sdd) costs associated with local offices and local administration, including staff benefits, which which, by reference to International Financial Reporting Standards, are shown to be excessive;
(tee) costs for which original records do not or are not adequately supported and documentedcorrect in any material respect;
(uff) except with the consent of the Designated AuthorityANP, but subject to sub-Article 4.7 Section 4.10 of this the Agreement, costs not included in a Work Programme and Budget budget for the relevant Calendar Yearyear; and
(vgg) costs not falling within any of the above items which are stated elsewhere in this Agreement not to be recoverable (including in paragraph Article 2.1(d) of Article 2)), or costs incurred without the consent or approval of the Designated Authority ANP (where such is required).
Appears in 1 contract
Samples: Production Sharing Contract
Ineligible Costs. Ineligible Costs are:
(a) interest (or any payment in the nature of, in lieu of, or having the commercial effect of, interest) or other cost under, or in respect of, a Loan Facility;
(b) Foreign exchange and currency hedging costs;
(c) costs relating to formation of corporations or of any partnerships or joint venture arrangements, other than in respect of a unitisation as required by the Code;
(d) payments of dividends or the cost of issuing shares;
(e) repayments of equity or loan capital;
(f) payments of private override royalties, net profits interests and the like;
(g) all expenditure (including professional fees, publicity and out-of-pocket expenses) incurred in connection with the negotiation, signature or ratification of this Agreement and payments associated with the acquisition of an interest under this Agreement;
(h) payments of taxes under the taxation law of either Timor-Leste or Australia made in accordance with Article 5 of the Treaty and Annex G of the Treaty, and all other taxes on income, profit or gain wherever arising;
(i) payments of administrative accounting costs, and other costs indirectly associated with Petroleum Operations;
(j) except with the consent of the Designated Authority, costs incurred in respect of Petroleum after it has passed the Field Export Point;
(k) costs incurred as a result of non-compliance by the Contractor with the law or this Agreement, including costs incurred as a result of any negligent act or omission, or willful misconduct, of the Contractor, its agents and sub-contractors, including any amount paid in settlement of any claim alleging negligence or willful misconduct whether or not negligence or misconduct is admitted or whether such sum is stated to be paid on an ex-gratia or similar basis;
(l1) payment of compensation or damages under this Agreement;
(m) costs relating to the settlement of disputes, which are not approved in advance by the Designated Authority, including all costs and expenses of arbitration or litigation proceedings under this Agreement;
(n) Decommissioning costs actually incurred which have been taken into account for the purposes of determining the Decommissioning Costs Reserve;
(o) payments, if any, under Article 9 of this Agreement;
(p) audit fees and accounting fees (excluding fees and expenses incurred for the conduct of audit and accounting services required by this Agreement) incurred pursuant to the auditing and accounting requirements of any law and all costs and expenses incurred in connection with intragroup corporate reporting requirements (whether or not required by law);
(q) except with the consent of the Designated Authority and in accordance with the conditions of the consent, any expenditure in respect of the hiring or leasing of structures, facilities, installations; equipment or other property, or of other works;
(r) except with the consent of the Designated Authority, costs, including donations, relating to public relations or enhancement of the Contractor's corporate image and interests;
(s) costs associated with local offices and local administration, including staff benefits, which are excessive;
(t) costs which are not adequately supported and documented;
(u) except with the consent of the Designated Authority, but subject to sub-Article 4.7 of this Agreement, costs not included in a Work Programme and Budget for the relevant Calendar Year; and
(v) costs not falling within any of the above items which are stated elsewhere in this Agreement not to be recoverable (including in paragraph 2.1(d) of Article 2), or costs incurred without the consent or approval of the Designated Authority (where such is required).
Appears in 1 contract
Samples: Production Sharing Contract
Ineligible Costs. Ineligible Costs are:
(a) interest (or any payment in the nature of, in lieu of, or having the commercial effect of, interest) or other cost under, or in respect of, a Loan Facility;
(b) Foreign exchange and currency hedging costs;
(c) costs relating to formation of corporations or of any partnerships or joint venture arrangements, other than in respect of a unitisation as required by the Code;
(d) payments of dividends or the cost of issuing shares;
(e) repayments of equity or loan capital;
(f) payments of private override royalties, net profits interests and the like;
(g) all expenditure (including professional fees, publicity and out-of-pocket expenses) incurred in connection with the negotiation, signature or ratification of this Agreement and payments associated with the acquisition of an interest under this Agreement;
(h) payments of taxes under the taxation law of either Timor-Leste or Australia made in accordance with Article 5 of the Treaty and Annex G of the Treaty, and all other taxes on income, profit or gain wherever arising;
(i) payments of administrative accounting costs, and other costs indirectly associated with Petroleum Operations;
(j) except with the consent of the Designated Authority, costs incurred in respect of Petroleum after it has passed the Field Export Point;
(k) costs incurred as a result of non-compliance by the Contractor with the law or this Agreement, including costs incurred as a result of any negligent act or omission, or willful misconduct, of the Contractor, its agents and sub-contractors, including any amount paid in settlement of any claim alleging negligence or willful misconduct whether or not negligence or misconduct is admitted or whether such sum is stated to be paid on an ex-gratia or similar basis;
(l) payment of compensation or damages under this Agreement;
(m) costs relating to the settlement of disputes, which are not approved in advance by the Designated Authority, including all costs and expenses of arbitration or litigation proceedings under this Agreement;
(n) Decommissioning costs actually incurred which have been taken into account for the purposes of determining the Decommissioning Costs Reserve;
(o) payments, if any, under Article 9 of this Agreement;
(p) audit fees and accounting fees (excluding fees and expenses incurred for the conduct of audit and accounting services required by this Agreement) incurred pursuant to the auditing and accounting requirements of any law and all costs and expenses incurred in connection with intragroup corporate reporting requirements (whether or not required by law);
(q) except with the consent of the Designated Authority and in accordance with the conditions of the consent, any expenditure in respect of the hiring or leasing of structures, facilities, installations; equipment or other property, or of other works;
(r) except with the consent of the Designated Authority, costs, including donations, relating to public relations or enhancement of the Contractor's corporate image and interests;
(s) costs associated with local offices and local administration, including staff benefits, which are excessive;
(t) costs which are not adequately supported and documented;
(u) except with the consent of the Designated Authority, but subject to sub-Article 4.7 of this Agreement, costs not included in a Work Programme and Budget for the relevant Calendar Year; and
(v) costs not falling within any of the above items which are stated elsewhere in this Agreement not to be recoverable (including in paragraph 2.1(d) of Article 2), or costs incurred without the consent or approval of the Designated Authority (where such is required).
Appears in 1 contract
Samples: Production Sharing Contract
Ineligible Costs. Ineligible Costs are:
(a) : interest (or any payment in the nature of, in lieu of, or having the commercial effect of, interest) or other cost under, or in respect of, a Loan Facility;
(b) ; Foreign exchange and currency hedging costs;
(c) ; costs relating to formation of corporations or of any partnerships or joint venture arrangements, other than in respect of a unitisation as required by the Code;
(d) Act; payments of dividends or the cost of issuing shares;
(e) ; repayments of equity or loan capital;
(f) ; payments of private override royalties, net profits interests and the like;
(g) ; all expenditure (including professional fees, publicity and out-of-pocket expenses) incurred in connection with the negotiation, signature or ratification of this Agreement and payments associated with the acquisition of an interest under this Agreement;
(h) ; payments of taxes under the taxation law of either Timor-Leste or Australia made in accordance with Article 5 of the Treaty and Annex G of the TreatyLeste, and all other taxes on income, profit or gain wherever arising;
(i) ; payments of administrative accounting costs, and other costs indirectly associated with Petroleum Operations;
(j) ; except with the consent of the Designated AuthorityMinistry, costs incurred in respect of Petroleum after it has passed the Field Export Point;
(k) ; costs incurred as a result of non-compliance by the Contractor with the law or this Agreement, including costs incurred as a result of any negligent act or omission, or willful misconduct, of the Contractor, its agents and sub-contractors, including any amount paid in settlement of any claim alleging negligence or willful wilful misconduct whether or not negligence or misconduct is admitted or whether such sum is stated to be paid on an ex-gratia or similar basis;
(l) ; payment of compensation or damages under this Agreement;
(m) ; costs relating to the settlement of disputes, which are not approved in advance by the Designated AuthorityMinistry, including all costs and expenses of arbitration or litigation proceedings under this Agreement;
(n) ; Decommissioning costs actually incurred which have been taken into account for the purposes of determining the Decommissioning Costs Reserve;
(o) ; payments, if any, under Article 9 of this Agreement;
(p) ; audit fees and accounting fees (excluding fees and expenses incurred for the conduct of audit and accounting services required by this Agreement) incurred pursuant to the auditing and accounting requirements of any law and all costs and expenses incurred in connection with intragroup corporate reporting requirements (whether or not required by law);
(q) ; except with the consent of the Designated Authority Ministry and in accordance with the conditions of the consent, any expenditure in respect of the hiring or leasing of structures, facilities, installations; equipment or other property, or of other works;
(r) ; except with the consent of the Designated AuthorityMinistry, costs, including donations, relating to public relations or enhancement of the Contractor's corporate image and interests;
(s) ; costs associated with local offices and local administration, including staff benefits, which are excessive;
(t) ; costs which are not adequately supported and documented;
(u) ; except with the consent of the Designated AuthorityMinistry, but subject to sub-Article 4.7 of this Agreement4.7, costs not included in a Work Programme and Budget for the relevant Calendar Year; and
(v) costs not falling within any of the above items which are stated elsewhere in this Agreement not to be recoverable (including in paragraph Article 2.1(d) of Article 2)), or costs incurred without the consent or approval of the Designated Authority Ministry (where such is required).
Appears in 1 contract
Samples: Production Sharing Contract