– Inspection, Records and Audit Rights. 9.1 Subject to compliance with Operator site safety rules and requirements, and provided that the State treats such information as strictly confidential to the extent allowed by Applicable Law(s) and Applicable Procedure(s), the State, or any person or entity acting as agent, representative or under the authority of the State shall have the right, at all reasonable times and upon reasonable notice, to examine, audit or inspect all books, records, accounts, statements, sales, invoices, maps, plans, seismic or geologic data, diagrams and other such documents pertaining to Operator’s Storage, Injection and calculation of payments required under Article 4 from the Effective Date of this Agreement. Except as provided in Section 9.2, Operator shall only be required to maintain the foregoing items for ten (10) years. 9.2 Operator shall preserve all books and records used to calculate the payments required under Article 4 for as long as required by Applicable Law(s). Operator shall reasonably cooperate with the State in any such audit and the State shall conduct said audit as not to unreasonably interfere with Operator’s operations. 9.3 Operator shall provide accurate records concerning Operator’s payment obligations due under this Agreement with respect to each Facility required by Article 4, including but not limited to all accounts hereunder showing the amounts of Carbon Dioxide that have been Injected, are in Storage or have been Withdrawn from each Facility; provided that the State treats such records as strictly confidential, to the extent allowed by Applicable Law(s) and Applicable Procedure(s). The State may seek penalties in the event such accurate records are not timely provided in accordance with this Agreement and Applicable Law(s). The State and its agents shall, subject to all Operator site safety rules and requirements, have the right, upon reasonable prior notice to Operator and during normal business hours, to review such records as well as all other records created and maintained by Operator concerning the design, construction, maintenance, modification, and physical operation of each Facility. Subject to all Operator site safety rules and requirements, the State and any of its duly authorized representatives shall have access at all times to each Facility, the Property, and to any xxxxx or Improvements and Equipment associated with the Facilities and to all records and reports relating thereto. Operator shall reasonably cooperate with the State in any such review, and any such review shall be at the sole cost of the State and shall be done so as not to unreasonably interfere with Operator’s operations. To the extent that such information is received or acquired by the Operator from or in connection with operations hereunder subsequent to the date hereof, the Operator agrees, upon written request by the State, to furnish timely to the State any and all well data associated with the Facilities, provided that, to the extent allowed by Applicable Law(s) or Applicable Procedure(s), the State treats such records as strictly confidential. 9.4 For avoidance of doubt, all information obtained by the State pursuant to this Article 9 shall be treated as strictly confidential by the State to the fullest extent allowed by Applicable Law(s) and Applicable Procedure(s).
Appears in 5 contracts
Samples: Carbon Dioxide Storage Agreement, Carbon Dioxide Storage Agreement, Carbon Dioxide Storage Agreement
– Inspection, Records and Audit Rights. 9.1 Subject to compliance with Operator AP site safety rules and requirements, and provided that the State treats such information as strictly confidential to the extent allowed by Applicable Law(s) and Applicable Procedure(s), the State, or any person or entity acting as agent, representative or under the authority of the State shall have the right, at all reasonable times and upon reasonable notice, to examine, audit or inspect all books, records, accounts, statements, sales, invoices, maps, plans, seismic or geologic data, diagrams and other such documents pertaining to Operator’s Storage, Injection and calculation of payments required under Article 4 from the Effective Date of this Agreement. Except as provided in Section 9.2, Operator AP shall only be required to maintain the foregoing items for ten (10) years, but AP reserves the right to retain any and all such items for such longer period as AP deems necessary or desirable to ensure compliance with any Sequestration Protocols.
9.2 Operator AP shall preserve all books and records used to calculate the payments required under Article 4 for as long as required by Applicable Law(s). Operator AP shall reasonably cooperate with the State in any such audit and the State shall conduct said audit as not to unreasonably interfere with OperatorAP’s operations.
9.3 Operator AP shall provide access to accurate records concerning OperatorAP’s payment obligations due under this Agreement with respect to each Facility required by Article 4, including but not limited to all accounts hereunder showing the amounts of Carbon Dioxide that have been Injected, are in Storage or have been Withdrawn from each Facility; provided that the State treats such records as strictly confidential, to the extent allowed by Applicable Law(s) and Applicable Procedure(s). The State may seek penalties in the event such accurate records are not timely provided in accordance with this Agreement and Applicable Law(s). The State and its agents shall, subject to all Operator AP site safety rules and requirements, have the right, upon reasonable prior notice to Operator AP and during normal business hours, to review such records as well as all other records created and maintained by Operator AP concerning the design, construction, maintenance, modification, and physical operation of each FacilityFacility only in so far as such records are directly related to the calculation of payments required under Article 4 of this Agreement. Subject to all Operator AP site safety rules and requirements, the State and any of its duly authorized representatives shall have access at all times to each Facility, the Property, and to any xxxxx or Improvements and Equipment associated with the Facilities and to all records and reports relating theretodirectly related to Operator’s Injection and to the calculation of payments required under Article 4 of this Agreement. Operator AP shall reasonably cooperate with the State in any such review, and any such review shall be at the sole cost of the State and shall be done so as not to unreasonably interfere with OperatorAP’s operations. To the extent that such information is received or acquired by the Operator from or in connection with operations hereunder subsequent to the date hereof, the Operator agrees, upon written request by the State, to furnish timely to the State any and all well data associated with the Facilities, provided that, to the extent allowed by Applicable Law(s) or Applicable Procedure(s), the State treats such records as strictly confidential.
9.4 For avoidance of doubt, all information obtained by the State pursuant to this Article 9 shall be treated as strictly confidential by the State to the fullest extent allowed by Applicable Law(s) and Applicable Procedure(s).
Appears in 3 contracts
Samples: Carbon Dioxide Storage Agreement, Operating Agreement, Operating Agreement
– Inspection, Records and Audit Rights. 9.1 Subject to compliance with Operator Capio site safety rules and requirements, and provided that the State treats such information as strictly confidential to the extent allowed by Applicable Law(s) and Applicable Procedure(s), the State, or any person or entity acting as agent, representative or under the authority of the State shall have the right, at all reasonable times and upon reasonable notice, to examine, audit or inspect all books, records, accounts, statements, sales, invoices, maps, plans, seismic or geologic data, diagrams and other such documents pertaining to Operator’s Storage, Injection and calculation of payments required under Article 4 from the Effective Date of this Agreement. Except as provided in Section 9.2, Operator Capio shall only be required to maintain the foregoing items for ten (10) years, but Capio reserves the right to retain any and all such items for such longer period as Capio deems necessary or desirable to ensure compliance with any Sequestration Protocols.
9.2 Operator Capio shall preserve all books and records used to calculate the payments required under Article 4 for as long as required by Applicable Law(s). Operator Capio shall reasonably cooperate with the State in any such audit and the State shall conduct said audit as not to unreasonably interfere with OperatorXxxxx’s operations.
9.3 Operator Capio shall provide access to accurate records concerning OperatorCapio’s payment obligations due under this Agreement with respect to each Facility required by Article 4, including but not limited to all accounts hereunder showing the amounts of Carbon Dioxide that have been Injected, are in Storage or have been Withdrawn from each Facility; provided that the State treats such records as strictly confidential, to the extent allowed by Applicable Law(s) and Applicable Procedure(s). The State may seek penalties in the event such accurate records are not timely provided in accordance with this Agreement and Applicable Law(s). The State and its agents shall, subject to all Operator Capio site safety rules and requirements, have the right, upon reasonable prior notice to Operator Capio and during normal business hours, to review such records as well as all other records created and maintained by Operator Capio concerning the design, construction, maintenance, modification, and physical operation of each FacilityFacility only in so far as such records are directly related to the calculation of payments required under Article 4 of this Agreement. Subject to all Operator Capio site safety rules and requirements, the State and any of its duly authorized representatives shall have access at all times to each Facility, the Property, and to any xxxxx or Improvements and Equipment associated with the Facilities and to all records and reports relating theretodirectly related to Operator’s Injection and to the calculation of payments required under Article 4 of this Agreement. Operator Capio shall reasonably cooperate with the State in any such review, and any such review shall be at the sole cost of the State and shall be done so as not to unreasonably interfere with OperatorXxxxx’s operations. To the extent that such information is received or acquired by the Operator from or in connection with operations hereunder subsequent to the date hereof, the Operator agrees, upon written request by the State, to furnish timely to the State any and all well data associated with the Facilities, provided that, to the extent allowed by Applicable Law(s) or Applicable Procedure(s), the State treats such records as strictly confidential.
9.4 For avoidance of doubt, all information obtained by the State pursuant to this Article 9 shall be treated as strictly confidential by the State to the fullest extent allowed by Applicable Law(s) and Applicable Procedure(s).
Appears in 1 contract
Samples: Operating Agreement
– Inspection, Records and Audit Rights. 9.1 Subject to compliance with Operator Capio site safety rules and requirements, and provided that the State treats such information as strictly confidential to the extent allowed by Applicable Law(s) and Applicable Procedure(s), the State, or any person or entity acting as agent, representative or under the authority of the State shall have the right, at all reasonable times and upon reasonable notice, to examine, audit or inspect all books, records, accounts, statements, sales, invoices, maps, plans, seismic or geologic data, diagrams and other such documents pertaining to Operator’s Storage, Injection and calculation of payments required under Article 4 from the Effective Date of this Agreement. Except as provided in Section 9.2, Operator Capio shall only be required to maintain the foregoing items for ten (10) years, but Capio reserves the right to retain any and all such items for such longer period as Capio deems necessary or desirable to ensure compliance with any Sequestration Protocols.
9.2 Operator Capio shall preserve all books and records used to calculate the payments required under Article 4 for as long as required by Applicable Law(s). Operator Capio shall reasonably cooperate with the State in any such audit and the State shall conduct said audit as not to unreasonably interfere with OperatorCapio’s operations.
9.3 Operator Capio shall provide access to accurate records concerning OperatorCapio’s payment obligations due under this Agreement with respect to each Facility required by Article 4, including but not limited to all accounts hereunder showing the amounts of Carbon Dioxide that have been Injected, are in Storage or have been Withdrawn from each Facility; provided that the State treats such records as strictly confidential, to the extent allowed by Applicable Law(s) and Applicable Procedure(s). The State may seek penalties in the event such accurate records are not timely provided in accordance with this Agreement and Applicable Law(s). The State and its agents shall, subject to all Operator Capio site safety rules and requirements, have the right, upon reasonable prior notice to Operator Capio and during normal business hours, to review such records as well as all other records created and maintained by Operator Capio concerning the design, construction, maintenance, modification, and physical operation of each FacilityFacility only in so far as such records are directly related to the calculation of payments required under Article 4 of this Agreement. Subject to all Operator Capio site safety rules and requirements, the State and any of its duly authorized representatives shall have access at all times to each Facility, the Property, and to any xxxxx or Improvements and Equipment associated with the Facilities and to all records and reports relating theretodirectly related to Operator’s Injection and to the calculation of payments required under Article 4 of this Agreement. Operator Capio shall reasonably cooperate with the State in any such review, and any such review shall be at the sole cost of the State and shall be done so as not to unreasonably interfere with OperatorCapio’s operations. To the extent that such information is received or acquired by the Operator from or in connection with operations hereunder subsequent to the date hereof, the Operator agrees, upon written request by the State, to furnish timely to the State any and all well data associated with the Facilities, provided that, to the extent allowed by Applicable Law(s) or Applicable Procedure(s), the State treats such records as strictly confidential.
9.4 For avoidance of doubt, all information obtained by the State pursuant to this Article 9 shall be treated as strictly confidential by the State to the fullest extent allowed by Applicable Law(s) and Applicable Procedure(s).
Appears in 1 contract
Samples: Operating Agreement
– Inspection, Records and Audit Rights. 9.1 Subject to compliance with Operator site safety rules and requirements, and provided that the State treats such information as strictly confidential to the extent allowed by Applicable Law(s) and Applicable Procedure(s), the State, or any person or entity acting as agent, representative representative, or under the authority of the State shall have the right, at all reasonable times and upon reasonable notice, to examine, audit audit, or inspect all books, records, accounts, statements, sales, invoices, maps, plans, seismic or geologic data, diagrams diagrams, and other such documents pertaining to Operator’s Storage, Injection and calculation of payments required under Article 4 from the Effective Date of this Agreement. Except as provided in Section 9.2, Operator shall only be required to maintain the foregoing items for ten (10) years.
9.2 Operator shall preserve all books and records used to calculate the payments required under Article 4 for as long as required by Applicable Law(s). Operator shall reasonably cooperate with the State in any such audit and the State shall conduct said audit as not to unreasonably interfere with Operator’s operations.
9.3 Operator shall provide accurate records concerning Operator’s payment obligations due under this Agreement with respect to each Facility required by Article 4, including including, but not limited to to, all accounts hereunder showing the amounts of Carbon Dioxide that have been Injected, are in Storage Storage, or have been Withdrawn from each Facility; provided that the State treats such records as strictly confidential, to the extent allowed by Applicable Law(s) and Applicable Procedure(s). The State may seek penalties in the event such accurate records are not timely provided in accordance with this Agreement and Applicable Law(s). The State and its agents shall, subject to all Operator site safety rules and requirements, have the right, upon reasonable prior notice to Operator and during normal business hours, to review such records records, as well as all other records created and maintained by Operator concerning the design, construction, maintenance, modification, and physical operation of each Facility. Subject to all Operator site safety rules and requirements, the State and any of its duly authorized representatives shall have access at all times to each Facility, the Property, and to any xxxxx or Improvements and Equipment associated with the Facilities and to all records and reports relating thereto. Operator shall reasonably cooperate with the State in any such review, and any such review shall be at the sole cost of the State and shall be done so as not to unreasonably interfere with Operator’s operations. To the extent that such information is received or acquired by the Operator from or in connection with operations hereunder subsequent to the date hereof, the Operator agrees, upon written request by the State, to furnish timely to the State State, any and all well data associated with the Facilities, provided that, to the extent allowed by Applicable Law(s) or Applicable Procedure(s), the State treats such records as strictly confidential.
9.4 For avoidance of doubt, all information obtained by the State pursuant to this Article 9 shall be treated as strictly confidential by the State to the fullest extent allowed by Applicable Law(s) and Applicable Procedure(s).
Appears in 1 contract
Samples: Carbon Dioxide Storage Agreement
– Inspection, Records and Audit Rights. 9.1 13.1 Subject to compliance with Operator Operator’s site safety rules and requirements, and provided that the State treats such information as strictly confidential to the extent allowed by Applicable Law(s) and Applicable Procedure(s), the State, or any person or entity acting as agent, representative or under the authority of the State shall have the right, at all reasonable times and upon reasonable notice, to examine, audit or inspect all books, records, accounts, statements, sales, invoices, maps, plans, seismic or geologic data, diagrams and other such documents pertaining to Operator’s Storageactivites and obligations conducted pursuant to this Agreement, Injection including but not limited to the development, production, and sales of electric energy and the calculation of payments required under Article 4 5 from the Effective Date of this Agreement. Except as provided in Section 9.213.2, Operator shall only be required to maintain the foregoing items for ten (10) yearsyears from the date of their generation.
9.2 13.2 Operator shall preserve all books and records keep true, accurate and complete books, records, accounts, contracts and data used to calculate verify the calculation of the payments required under Article 4 5 for as long as required by Applicable Law(s). Operator shall reasonably cooperate with the State in any such audit and the State shall conduct said audit as not to unreasonably interfere with Operator’s operations.
9.3 13.3 Operator shall provide accurate records concerning Operator’s payment obligations due under this Agreement with respect to each Facility required by Article 4Agreement, including but not limited to all accounts hereunder showing the amounts of Carbon Dioxide that have been Injected, are in Storage or have been Withdrawn from each Facilitywind energy produced and sold; provided that the State treats such records as strictly confidential, to the extent allowed by Applicable Law(s) and Applicable Procedure(s). The State may seek penalties in the event such accurate records are not timely provided in accordance with this Agreement and Applicable Law(s). The State and its agents shall, subject to all Operator site safety rules and requirements, have the right, upon reasonable prior notice to Operator and during normal business hours, to review such records as well as all other records created and maintained by Operator concerning the design, construction, maintenance, modification, and physical operation of each Facilitythe Windpower Facilities. Subject to all Operator site safety rules and requirements, the State and any of its duly authorized representatives shall have access at all times to each Transmission Facility, the Property, and to any xxxxx or Improvements and Equipment associated with the Windpower Facilities and to all records and reports relating thereto. Operator shall reasonably cooperate with the State in any such review, and any such review shall be at the sole cost of the State and shall be done so as not to unreasonably interfere with Operator’s operations. To Subject to the provisions of Section 7.8 regarding “wind data”, to the extent that such information is received or acquired by the Operator from or in connection with operations hereunder subsequent to the date hereof, the Operator agrees, upon written request by the State, to furnish timely to the State any and all well data associated with the Windpower Facilities, provided that, to the extent allowed by Applicable Law(s) or Applicable Procedure(s), the State treats such records as strictly confidential.
9.4 13.4 For avoidance of doubt, all information obtained by the State pursuant to this Article 9 shall be treated as strictly confidential by the State to the fullest extent allowed by Applicable Law(s) and Applicable Procedure(s).
Appears in 1 contract
Samples: Wind Energy Production Agreement
– Inspection, Records and Audit Rights. 9.1 13.1 Subject to compliance with Operator Operator’s site safety rules and requirements, and provided that the State treats such information as strictly confidential to the extent allowed by Applicable Law(s) and Applicable Procedure(s), the State, or any person or entity acting as agent, representative or under the authority of the State shall have the right, at all reasonable times and upon reasonable notice, to examine, audit or inspect all books, records, accounts, statements, sales, invoices, maps, plans, seismic or geologic data, diagrams and other such documents pertaining to Operator’s Storageactivites and obligations conducted pursuant to this Agreement, Injection including but not limited to the development, production, and sales of electric energy and the calculation of payments required under Article 4 5 from the Effective Date of this Agreement. Except as provided in Section 9.213.2, Operator shall only be required to maintain the foregoing items for ten (10) yearsyears from the date of their generation.
9.2 13.2 Operator shall preserve all books and records keep true, accurate and complete books, records, accounts, contracts and data used to calculate verify the calculation of the payments required under Article 4 5 for as long as required by Applicable Law(s). Operator shall reasonably cooperate with the State in any such audit and the State shall conduct said audit as not to unreasonably interfere with Operator’s operations.
9.3 13.3 Operator shall provide accurate records concerning Operator’s payment obligations due under this Agreement with respect to each Facility required by Article 4Agreement, including but not limited to all accounts hereunder showing the amounts of Carbon Dioxide that have been Injected, are in Storage or have been Withdrawn from each Facilitywind energy produced and sold; provided that the State treats such records as strictly confidential, to the extent allowed by Applicable Law(s) and Applicable Procedure(s). The State may seek penalties in the event such accurate records are not timely provided in accordance with this Agreement and Applicable Law(s). The State and its agents shall, subject to all Operator site safety rules and requirements, have the right, upon reasonable prior notice to Operator and during normal business hours, to review such records as well as all other records created and maintained by Operator concerning the design, construction, maintenance, modification, and physical operation of each Facilitythe Windpower Facilities. Subject to all Operator site safety rules and requirements, the State and any of its duly authorized representatives shall have access at all times to each Transmission Facility, the Property, and to any xxxxx or Improvements and Equipment associated with the Windpower Facilities and to all records and reports relating thereto. Operator shall reasonably cooperate with the State in any such review, and any such review shall be at the sole cost of the State and shall be done so as not to unreasonably interfere with Operator’s operations. To the extent that such information is received or acquired by the Operator from or in connection with operations hereunder subsequent to the date hereof, the Operator agrees, upon written request by the State, to furnish timely to the State any and all well data associated with the Windpower Facilities, provided that, to the extent allowed by Applicable Law(s) or Applicable Procedure(s), the State treats such records as strictly confidential.
9.4 13.4 For avoidance of doubt, all information obtained by the State pursuant to this Article 9 shall be treated as strictly confidential by the State to the fullest extent allowed by Applicable Law(s) and Applicable Procedure(s).
Appears in 1 contract
Samples: Wind Energy Production Agreement
– Inspection, Records and Audit Rights. 9.1 Subject to compliance with Operator site safety rules and requirements, and provided that the State treats such information as strictly confidential to the extent allowed by Applicable Law(s) and Applicable Procedure(s), the State, or any person or entity acting as agent, representative or under the authority of the State shall have the right, at all reasonable times and upon reasonable notice, to examine, audit or inspect all books, records, accounts, statements, sales, invoices, maps, plans, seismic or geologic data, diagrams and other such documents pertaining to Operator’s Storage, Injection and calculation of payments required under Article 4 from the Effective Date of this Agreement. Except as provided in Section 9.2, Operator shall only be required to maintain the foregoing items for ten (10) years.
9.2 Operator shall preserve all books and records used to calculate the payments required under Article 4 for as long as required by Applicable Law(s). Operator shall reasonably cooperate with the State in any such audit and the State shall conduct said audit as not to unreasonably interfere with Operator’s operations.
9.3 Operator shall provide accurate records concerning Operator’s payment obligations due under this Agreement with respect to each Facility required by Article 4, including including, but not limited to to, all accounts hereunder showing the amounts of Carbon Dioxide that have been Injected, are in Storage or have been Withdrawn from each Facility; provided that the State treats such records as strictly confidential, to the extent allowed by Applicable Law(s) and Applicable Procedure(s). The State may seek penalties in the event such accurate records are not timely provided in accordance with this Agreement and Applicable Law(s). The State and its agents shall, subject to all Operator site safety rules and requirements, have the right, upon reasonable prior notice to Operator and during normal business hours, to review such records records, as well as all other records created and maintained by Operator concerning the design, construction, maintenance, modification, and physical operation of each Facility. Subject to all Operator site safety rules and requirements, the State and any of its duly authorized representatives shall have access at all times to each Facility, the Property, and to any xxxxx or Improvements and Equipment associated with the Facilities and to all records and reports relating thereto. Operator shall reasonably cooperate with the State in any such review, and any such review shall be at the sole cost of the State and shall be done so as not to unreasonably interfere with Operator’s operations. To the extent that such information is received or acquired by the Operator from or in connection with operations hereunder subsequent to the date hereof, the Operator agrees, upon written request by the State, to furnish timely to the State any and all well data associated with the Facilities, provided that, to the extent allowed by Applicable Law(s) or Applicable Procedure(s), the State treats such records as strictly confidential.
9.4 For avoidance of doubt, all information obtained by the State pursuant to this Article 9 shall be treated as strictly confidential by the State to the fullest extent allowed by Applicable Law(s) and Applicable Procedure(s).
Appears in 1 contract
Samples: Carbon Dioxide Storage Agreement