Common use of Obligation of the Concessionaire Clause in Contracts

Obligation of the Concessionaire. Any and all data and information acquired, processed, produced, developed, or, in any way, obtained as a result of the Operations and the Agreement, are strictly confidential. Data and information referred to in paragraph 32.1 may not be disclosed by the Concessionaire without ANP’s prior consent, except when: they are or become public by a third party authorized to disclose them; there is a requirement for disclosure arising from legal obligation or court order; the disclosure is made according to the rules and limits imposed by the stock exchange in which the Concessionaire’s shares are traded; the disclosure is directed to an Affiliate, consultant, or agent of the Concessionaire; the disclosure is directed to the financial institution and insurance company to which the Concessionaire resorts or to a consultant thereof; the disclosure is directed to a potential assignee in good faith or to its Affiliate or consultant; and the disclosure is directed to a Concessionaire or contractor under another regime of Exploration and Production of Oil and Gas in an adjacent area, to its Affiliate, or to its consultant, aiming at the execution of the Production Individualization agreement. Disclosure of data and information referred to in items “d” to “g” shall be conditioned to a previous confidentiality agreement, which shall: include the provisions in paragraphs 32.1 and 32.2; establish that its default shall be subject to the provision in Section Twenty-Nine; prohibit the disclosure by the third party of the data and information received without ANP’s prior consent. The third party shall not count on the benefit of the exceptions provided for in sub-items “a” to “g” for disclosure of data and information without ANP’s prior consent. In the events provided for in sub-items “a” to “g”, the Concessionaire shall send ANP a notice within thirty (30) days of the disclosure. The notice shall be followed by data and information disclosed, the reasons for the disclosure, and the list of third parties who had access to such data and information. In the events provided for in sub-items “d” to “g”, the notice shall also be followed by a copy of the confidentiality agreement referred to in paragraph 32.2.1. The provisions in paragraphs 32.1 and 32.2 shall remain in effect and shall survive termination of this Agreement. ANP undertakes not to disclose any data and information obtained as a result of the Operations and related to the areas withheld by the Concessionaire, pursuant to art. 5, paragraph 2, of Decree No. 7,724/2012. Such provision shall not apply in case the disclosure is necessary for compliance with the applicable legal provisions, including the laws and regulations on access to information, or for proceeding with the purposes to which it was created. Notices, requests, submission of plans, programs, reports, as well as any other communications provided for in this Agreement shall be formal and made in writing, pursuant to the Applicable Laws and Regulations. If there is no specific provision in the Applicable Laws and Regulations, the communications set forth herein shall be delivered in person, upon receipt, or sent by mail, with proof of receipt. Acts and communications related to this Agreement shall be written in Portuguese and signed by a legal representative of the Concessionaire or an attorney-in-fact with specific powers. The addresses of the representatives of the Parties are included in Annex VIII. In case of change of address, the Parties undertake to notify the other Party about the new address upon at least thirty (30)-day notice of the change.

Appears in 2 contracts

Samples: Concession Agreement for Exploration and Production of Oil and Gas, Concession Agreement for Exploration and Production of Oil and Gas

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Obligation of the Concessionaire. Any and all data and information acquired, processed, produced, developed, or, in any way, obtained as a result of the Operations and the Agreement, are strictly confidential. Data and information referred to in paragraph 32.1 28.1 may not be disclosed by the Concessionaire without ANP’s prior consent, except when: they are or become public by a third party authorized to disclose them; there is a requirement for disclosure arising from legal obligation or court order; the disclosure is made according to the rules and limits imposed by the stock exchange in which the Concessionaire’s shares are traded; the disclosure is directed to an Affiliate, consultant, or agent of the Concessionaire; the disclosure is directed to the financial institution and insurance company to which the Concessionaire resorts or to a consultant thereof; the disclosure is directed to a potential assignee in good faith or to its Affiliate or consultant; and the disclosure is directed to a Concessionaire or contractor under another regime of Exploration and Production of Oil and Gas in an adjacent area, to its Affiliate, or to its consultant, aiming at the execution of the Production Individualization agreement. Disclosure of data and information referred to in items “d” to “g” shall be conditioned to a previous confidentiality agreement, which shall: include the provisions in paragraphs 32.1 28.1 and 32.228.2; establish that its default shall be subject to the provision in Section Twenty-NineFive; prohibit the disclosure by the third party of the data and information received without ANP’s prior consent. The third party shall not count on the benefit of the exceptions provided for in sub-items “a” to “g” for disclosure of data and information without ANP’s prior consent. In the events provided for in sub-items “a” to “g”, the Concessionaire shall send ANP a notice within thirty (30) days of the disclosure. The notice shall be followed by data and information disclosed, the reasons for the disclosure, and the list of third parties who had access to such data and information. In the events provided for in sub-items “d” to “g”, the notice shall also be followed by a copy of the confidentiality agreement referred to in paragraph 32.2.128.2.1. The provisions in paragraphs 32.1 28.1 and 32.2 28.2 shall remain in effect and shall survive termination of this Agreement. ANP undertakes not to disclose any data and information obtained as a result of the Operations and related to the areas withheld by the Concessionaire, pursuant to art. 5, paragraph 2, of Decree No. 7,724/2012. Such provision shall not apply in case the disclosure is necessary for compliance with the applicable legal provisions, including the laws and regulations on access to information, or for proceeding with the purposes to which it was created. Notices, requests, submission of plans, programs, reports, as well as any other communications provided for in this Agreement shall be formal and made in writing, pursuant to the Applicable Laws and Regulations. If there is no specific provision in the Applicable Laws and Regulations, the communications set forth herein shall be delivered in person, upon receipt, or sent by mail, with proof of receipt. Acts and communications related to this Agreement shall be written in Portuguese and signed by a legal representative of the Concessionaire or an attorney-in-fact with specific powers. The addresses of the representatives of the Parties are included in Annex VIII. In case of change of address, the Parties undertake to notify the other Party about the new address upon at least thirty (30)-day notice of the change.

Appears in 2 contracts

Samples: Concession Agreement, Concession Agreement

Obligation of the Concessionaire. Any and all data and information acquired, processed, produced, developed, or, produced or developed in any way, obtained as a result of the Operations operations and of the Agreementcontract, are strictly confidential. Data and information referred to in paragraph 32.1 confidential and, therefore, may not be disclosed by the Concessionaire without prior formal and written permission of ANP’s prior consent, except whenexcept: they If the data and information are already public or become public by through a third party authorized to disclose them; If there is a requirement for no obligation of disclosure arising resulting from legal obligation imposition or court orderjudicial determination; If the disclosure is made according to performed in accordance with the rules and limits imposed by the a stock exchange in which shares of the Concessionaire’s shares Concessionaire are tradednegotiated; If the disclosure is directed to an Affiliatethe affiliate, consultant, consultant or agent of the Concessionaire; If the disclosure is directed to the financial institution and insurance the security company to against which the Concessionaire resorts is appealing or to working as a consultant thereofof; If the disclosure is directed to a potential assignee the possible transferee in good faith faith, affiliate or to its Affiliate or consultant; and If the disclosure is directed to a the Concessionaire or contractor hired under another regime system of Oil and Natural Gas Exploration and Production of Oil and Gas in an adjacent area, to its Affiliate, the subsidiary or to its consultant, aiming at for signing an Agreement of Individualization of Production. In the execution of cases provided for in lines "d", "e", "f" and "g", the Production Individualization agreement. Disclosure disclosure of data and information referred is subject to a formal agreement and prior written consent of confidentiality. The agreement should provide that the third party mentioned in items “d” to “g” such points shall be conditioned obligated to a previous confidentiality agreement, which shall: include comply with the provisions in paragraphs 32.1 and 32.2; establish that its default shall paragraph 31.1 4.1 and, in the event of noncompliance, will be subject to the provision in Section Twentyprovisions of clause twenty-Nine; prohibit the disclosure by the third party of the data and information received nine, without ANP’s prior consent. The third party shall not count on however having the benefit of the exceptions provided for in sub-items (a) to “g” (f) of paragraph 31.1 4.1 for disclosure the dissemination of data and information without prior consent of ANP’s . The third party does not count with the benefit of the exceptions provided for in lines "a" to "g" for the dissemination of data and information without prior consentconsent of ANP. In the events cases provided for in sub-items “lines "a" to "g", the Concessionaire shall must send ANP a notice notification, within thirty 30 (30thirty) days of from the disclosure. The notice shall notification must be followed accompanied by the data and and/or information disclosed, the reasons for the disclosure, disclosure and the list relationship of third parties who had access to such data and and/or information. In the events provided for in sub-items “d” to “g”, the notice shall also be followed by a copy of the confidentiality agreement referred to in paragraph 32.2.1. The provisions in paragraphs 32.1 and 32.2 shall remain in effect and shall survive termination of this Agreement. ANP undertakes not to disclose any data and information obtained as a result of the Operations and related to the areas withheld by the Concessionaire, pursuant to art. 5, paragraph 2, of Decree No. 7,724/2012. Such provision shall not apply in case the disclosure is necessary for compliance with the applicable legal provisions, including the laws and regulations on access to information, or for proceeding with the purposes to which it was created. Notices, requests, submission of plans, programs, reports, as well as any other communications provided for in this Agreement shall be formal and made in writing, pursuant to the Applicable Laws and Regulations. If there is no specific provision in the Applicable Laws and Regulations, the communications set forth herein shall be delivered in person, upon receipt, or sent by mail, with proof of receipt. Acts and communications related to this Agreement shall be written in Portuguese and signed by a legal representative of the Concessionaire or an attorney-in-fact with specific powers. The addresses of the representatives of the Parties are included in Annex VIII. In case of change of address, the Parties undertake to notify the other Party about the new address upon at least thirty (30)-day notice of the change.

Appears in 1 contract

Samples: Concession Contract for Exploration and Production of Oil and Natural Gas

Obligation of the Concessionaire. Any and all data and information acquired, processed, produced, developed, or, in any way, obtained as a result of the Operations and the Agreement, are strictly confidential. Data and information referred to in paragraph 32.1 may not be disclosed by the Concessionaire without ANP’s prior consent, except when: they are or become public by a third party authorized to disclose them; there is a requirement for disclosure arising from legal obligation or court order; the disclosure is made according to the rules and limits imposed by the stock exchange in which the Concessionaire’s shares are traded; the disclosure is directed to an Affiliate, consultant, or agent of the Concessionaire; the disclosure is directed to the financial institution and insurance company to which the Concessionaire resorts or to a consultant thereof; the disclosure is directed to a potential assignee in good faith or to its Affiliate or consultant; and the disclosure is directed to a Concessionaire or contractor under another regime of Exploration and Production of Oil and Gas in an adjacent area, to its Affiliate, or to its consultant, aiming at the execution of the Production Individualization agreement. Disclosure of data and information referred to in items “d” to “g”, paragraph 32.2, shall be conditioned to a previous confidentiality agreement, which shall: include the provisions in paragraphs 32.1 and 32.2; establish that its default shall be subject to the provision in Section Twenty-Nine; prohibit the disclosure by the third party of the data and information received without ANP’s prior consent. The third party shall not count on the benefit of the exceptions provided for in sub-items “a” to “g”, paragraph 32.2, for disclosure of data and information without ANP’s prior consent. In the events provided for in sub-items “a” to “g”, the paragraph 32.2,the Concessionaire shall send ANP a notice within thirty (30) days of the disclosure. The notice shall be followed by data and information disclosed, the reasons for the disclosure, and the list of third parties who had access to such data and information. In the events provided for in sub-items “d” to “g”, the paragraph 32.2,the notice shall also be followed by a copy of the confidentiality agreement referred to in paragraph 32.2.1. The provisions in paragraphs 32.1 and 32.2 shall remain in effect and shall survive termination of this Agreement. ANP undertakes not to disclose any data and information obtained as a result of the Operations and related to the areas withheld by the Concessionaire, pursuant to art. 5, paragraph 2, of Decree No. 7,724/2012. Such provision shall not apply in case the disclosure is necessary for compliance with the applicable legal provisions, including the laws and regulations on access to information, or for proceeding with the purposes to which it was created. Notices, requests, submission of plans, programs, reports, as well as any other communications provided for in this Agreement shall be formal and made in writing, pursuant to the Applicable Laws and Regulations. If there is no specific provision in the Applicable Laws and Regulations, the communications set forth herein shall be delivered in person, upon receipt, or sent by mail, with proof of receipt. Acts and communications related to this Agreement shall be written in Portuguese and signed by a legal representative of the Concessionaire or an attorney-in-fact with specific powers. The addresses of the representatives of the Parties are included in Annex VIII. In case of change of address, the Parties undertake to notify the other Party about the new address upon at least thirty (30)-day notice of the change.

Appears in 1 contract

Samples: Concession Agreement for Exploration and Production of Oil and Gas

Obligation of the Concessionaire. Any and all data and information acquired, processed, produced, developed, or, in any way, obtained as a result of the Operations and the Agreement, Agreement are strictly confidential. Data and information referred to in paragraph 32.1 may confidential and, therefore, shall not be disclosed by the Concessionaire without the prior consent of ANP’s prior consent, except when: they data and information are already public or become public by through a third party authorized to disclose them; there is a requirement for disclosure arising from legal obligation or court order; the disclosure is made according to the rules and limits imposed by the stock exchange in which the Concessionaire’s shares are traded; the disclosure is directed to an the Affiliate, consultant, or agent of the Concessionaire; the disclosure is directed to the financial institution and insurance company to which the Concessionaire resorts or to a consultant thereof; the disclosure is directed to a potential assignee in good faith faith, its Affiliate, or to its Affiliate or a consultant; and the disclosure is directed to a Concessionaire or contractor under another regime of Exploration and Production of Oil and Gas in an adjacent area, to its Affiliate, or to its a consultant, aiming at the execution of the Production Individualization agreementAgreement. Disclosure In the events provided for in sub-items “d”, “e”, “f”, and “g”, disclosure of data and information referred to in items “d” to “g” shall be conditioned to a previous prior formal confidentiality agreement, which shall: include agreement in writing. The agreement shall provide that the provisions third party mentioned in paragraphs such sub-items shall be required to comply with paragraph 32.1 and 32.2; establish that its default in case of failure to perform, the party shall be subject to the provision provisions in Section Twenty-Nine; prohibit , without the disclosure by the third party benefit of the exceptions set forth in sub-items (a) to (f) of paragraph 32.1 for disclosure of data and information received without ANP’s prior consent. The third party shall not count on the benefit of the exceptions provided for in sub-items “a” to “g” for disclosure of data and information without ANP’s prior consent. In the events provided for in sub-items “a” to “g”, the Concessionaire shall send ANP a notice within thirty (30) days of the disclosure. The notice shall be followed by the data and and/or information disclosed, the reasons for the disclosure, and the list of third parties who had access to such data and and/or information. In the events provided for in sub-items “d” to “g”, the notice shall also be followed by a copy of the confidentiality agreement referred to in paragraph 32.2.1. The provisions in paragraphs 32.1 and 32.2 shall remain in effect and shall survive termination of this Agreement. ANP undertakes not to disclose any data and information obtained as a result of the Operations and related to the areas withheld by the Concessionaire, pursuant to art. 5, paragraph 2, of Decree No. 7,724/2012. Such provision shall not apply in case the disclosure is necessary for compliance with the applicable legal provisions, including the laws and regulations on access to information, or for proceeding with the purposes to which it was created. Notices, requests, submission of plans, programs, reports, as well as any other communications provided for in this Agreement shall be formal and made in writing, pursuant to the Applicable Laws and Regulations. If there is no specific provision in the Applicable Laws and Regulations, the communications set forth herein shall be delivered in person, upon receipt, or sent by mail, with proof of receipt. Acts and communications related to this Agreement shall be written in Portuguese and signed by a legal representative of the Concessionaire or an attorney-in-fact with specific powers. The addresses of the representatives of the Parties are included in Annex VIII. In case of change of address, the Parties undertake to notify the other Party about the new address upon at least thirty (30)-day notice of the change.

Appears in 1 contract

Samples: Concession Agreement for Exploration and Production of Oil and Gas

Obligation of the Concessionaire. Any and all All data and information acquired, processed, produced, developed, or, in any way, obtained as a result of the Operations and the Agreement, are strictly confidential. Data and information referred to in paragraph 32.1 28.1 may not be disclosed by the Concessionaire without ANP’s prior consent, except when: they are or become public by a third party authorized to disclose them; there is a requirement for disclosure arising from legal obligation or court order; the disclosure is made according to the rules and limits imposed by the stock exchange in which the Concessionaire’s shares are traded; the disclosure is directed to an Affiliate, consultant, or agent of the Concessionaire; the disclosure is directed to the financial institution and insurance company to which the Concessionaire resorts or to a consultant thereof; the disclosure is directed to a potential assignee in good faith or to its Affiliate or consultant; and the disclosure is directed to a Concessionaire or contractor under another regime of Exploration and Production of Oil and Gas in an adjacent area, to its Affiliate, or to its consultant, aiming at the execution of the Production Individualization agreement. Disclosure of data and information referred to in items “d” to “g”, pursuant paragraph 28.2, shall be conditioned to a previous confidentiality agreement, which shall: include the provisions in paragraphs 32.1 28.1 and 32.228.2; establish that its default shall be subject to the provision in Section Twenty-NineFive; prohibit the disclosure by the third party of the data and information received without ANP’s prior consent. The third party shall not count on the benefit of the exceptions provided for in sub-items “a” to “g”, pursuant paragraph 28.2, for disclosure of data and information without ANP’s prior consent. In the events provided for in sub-items “a” to “g”, pursuant paragraph 28.2, the Concessionaire shall send ANP a notice within thirty (30) days of the disclosure. The notice shall be followed by data and information disclosed, the reasons for the disclosure, and the list of third parties who had access to such data and information. In the events provided for in sub-items “d” to “g”, pursuant paragraph 28.2, the notice shall also be followed by a copy of the confidentiality agreement referred to in paragraph 32.2.128.2.1. The provisions in paragraphs 32.1 28.1 and 32.2 28.2 shall remain in effect and shall survive termination of this Agreement. ANP undertakes not to disclose any data and information obtained as a result of the Operations and related to the areas withheld by the Concessionaire, pursuant to art. 5, paragraph 2, of Decree No. 7,724/2012. Such provision shall not apply in case the disclosure is necessary for compliance with the applicable legal provisions, including the laws and regulations on access to information, or for proceeding with the purposes to which it was created. Notices, requests, submission of plans, programs, reports, as well as any other communications provided for in this Agreement shall be formal and made in writing, pursuant to the Applicable Laws and Regulations. If there is no specific provision in the Applicable Laws and Regulations, the communications set forth herein shall be delivered in person, upon receipt, or sent by mail, with proof of receipt. Acts and communications related to this Agreement shall be written in Portuguese and signed by a legal representative of the Concessionaire or an attorney-in-fact with specific powers. The addresses of the representatives of the Parties are included in Annex VIIIXxxxx XXXX. In case of change of address, the Parties undertake to notify the other Party about the new address upon at least thirty (30)-day notice of the change.

Appears in 1 contract

Samples: Concession Agreement

Obligation of the Concessionaire. Any and all All the data and the information acquired, processed, produced, developed, or, in any way, obtained as a result of the Operations and the Agreement, are strictly confidential. Data and information referred to in paragraph 32.1 may not be disclosed by the Concessionaire without ANP’s prior consent, except when: they are or become public by a third party authorized to disclose them; there is a requirement for disclosure arising from legal obligation or court order; the disclosure is made according to the rules and limits imposed by the stock exchange in which the Concessionaire’s shares are traded; the disclosure is directed to an Affiliate, consultant, or agent of the Concessionaire; the disclosure is directed to the financial institution and insurance company to which the Concessionaire resorts or to a consultant thereof; the disclosure is directed to a potential assignee in good faith or to its Affiliate or consultant; and the disclosure is directed to a Concessionaire or contractor under another regime of Exploration and Production of Oil and Gas in an adjacent area, to its Affiliate, or to its consultant, aiming at the execution of the Production Individualization agreement. Disclosure of data and information referred to in items “d” to “g” shall be conditioned to a previous confidentiality agreement, which shall: include the provisions in paragraphs 32.1 and 32.2; establish that its default shall be subject to the provision in Section Twenty-Nine; prohibit the disclosure by the third party of the data and information received without ANP’s prior consent. The third party shall not count on the benefit of the exceptions provided for in sub-items “a” to “g” for disclosure of data and information without ANP’s prior consent. In the events provided for in sub-items “a” to “g”, the Concessionaire shall send ANP a notice within thirty (30) days of the disclosure. The notice shall be followed by data and information disclosed, the reasons for the disclosure, and the list of third parties who had access to such data and information. In the events provided for in sub-items “d” to “g”, the notice shall also be followed by a copy of the confidentiality agreement referred to in paragraph 32.2.1. The provisions in paragraphs 32.1 and 32.2 shall remain in effect and shall survive termination of this Agreement. ANP undertakes not to disclose any data and information obtained as a result of the Operations and related to the areas withheld by the Concessionaire, pursuant to art. 5, paragraph 2, of Decree No. 7,724/2012. Such provision shall not apply in case the disclosure is necessary for compliance with the applicable legal provisions, including the laws and regulations on access to information, or for proceeding with the purposes to which it was created. Notices, requests, submission of plans, programs, reports, as well as any other communications provided for in this Agreement shall be formal and made in writing, pursuant to the Applicable Laws and Regulations. If there is no specific provision in the Applicable Laws and Regulations, the communications set forth herein shall be delivered in person, upon receipt, or sent by mail, with proof of receipt. Acts and communications related to this Agreement shall be written in Portuguese and signed by a legal representative of the Concessionaire or an attorney-in-fact with specific powers. The addresses of the representatives of the Parties are included in Annex VIII. In case of change of address, the Parties undertake to notify the other Party about the new address upon at least thirty (30)-day notice of the change.

Appears in 1 contract

Samples: Concession Agreement for Exploration and Production of Oil and Gas

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Obligation of the Concessionaire. Any and all All data and information acquired, processed, produced, developed, or, or in any way, way obtained as a result of the Operations and the Agreement, Agreement are strictly confidential. Data and information referred to in paragraph 32.1 may not be disclosed by the Concessionaire without ANP’s prior consent, except when: they are or become public by a third party authorized to disclose them; there is a requirement for disclosure arising from legal obligation or court order; the disclosure is made according to the rules and limits imposed by the stock exchange in which the Concessionaire’s shares are traded; the disclosure is directed to an Affiliate, consultant, or agent of the Concessionaire; the disclosure is directed to the financial institution and insurance company to which the Concessionaire resorts or to a consultant thereof; the disclosure is directed to a potential assignee in good faith or to its Affiliate or consultant; and the disclosure is directed to a Concessionaire or contractor under another regime of Exploration and Production of Oil and Gas in an adjacent area, to its Affiliate, or to its consultant, aiming at the execution of the Production Individualization agreement. Disclosure of data and information referred to in items “d” to “g” shall be conditioned to a previous confidentiality agreement, which shall: include the provisions in paragraphs 32.1 and 32.2; establish that its default shall be subject to the provision in Section Twenty-Nine; prohibit the disclosure by the third party of the data and information received without ANP’s prior consent. The third party shall not count on the benefit of the exceptions provided for in sub-items “a” to “g” for disclosure of data and information without ANP’s prior consent. In the events provided for in sub-items “a” to “g”, the Concessionaire shall send notify ANP a notice within thirty (30) days of the disclosure. The notice shall be followed accompanied by the data and and/or information disclosed, the reasons for the disclosuredisclosure thereof, and the list of third parties who had access to such data and and/or information. In the events provided for in sub-items “d” to “g”, the notice shall also be followed accompanied by a copy of the confidentiality agreement referred to in paragraph 32.2.1. The provisions in paragraphs 32.1 and 32.2 shall remain in effect and shall survive termination of this Agreement. ANP undertakes not to disclose any data and information obtained as a result of the Operations and related to the areas withheld retained by the Concessionaire, pursuant to art. 5, paragraph 2, of Decree No. 7,724/2012. Such provision shall not apply in case the disclosure is necessary for compliance with the applicable legal provisions, including the laws and regulations on access to information, or for proceeding with the purposes to which it was created. Notices, requests, submission of plans, programs, reports, as well as any other communications provided for in this Agreement shall be formal and made in writing, pursuant to the Applicable Laws and Regulations. If there is no in the absence of specific provision in the Applicable Laws and Regulations, the communications set forth herein shall be delivered in person, upon receipt, or sent by mail, with proof of receipt. Acts and communications related to this Agreement shall be written in Portuguese and signed by a legal representative of the Concessionaire or an attorney-in-fact with specific powers. The addresses of the representatives of the Parties are included in Annex VIII. In case of change of address, the Parties undertake to notify the other Party about the new address upon an at least thirty (30)-day notice of the change.

Appears in 1 contract

Samples: Concession Agreement for Exploration and Production of Oil and Gas

Obligation of the Concessionaire. Any and all data and information acquired, processed, produced, developed, or, produced or developed in any way, obtained as a result of the Operations operations and of the Agreementcontract, are strictly confidential. Data and information referred to in paragraph 32.1 confidential and, therefore, may not be disclosed by the Concessionaire without prior formal and written permission of ANP’s prior consent, except whenexcept: they If the data and information are already public or become public by through a third party authorized to disclose them; If there is a requirement for no obligation of disclosure arising resulting from legal obligation imposition or court orderjudicial determination; If the disclosure is made according to performed in accordance with the rules and limits imposed by the a stock exchange in which shares of the Concessionaire’s shares Concessionaire are tradednegotiated; If the disclosure is directed to an Affiliatethe affiliate, consultant, consultant or agent of the Concessionaire; If the disclosure is directed to the financial institution and insurance the security company to against which the Concessionaire resorts is appealing or to working as a consultant thereofconsultant; If the disclosure is directed to a potential assignee the possible assignmentee in good faith faith, affiliate or to its Affiliate or consultant; and If the disclosure is directed to a the Concessionaire or contractor hired under another regime system of Oil and Natural Gas Exploration and Production of Oil and Gas in an adjacent area, to its Affiliate, the subsidiary or to its consultant, aiming at for signing an Contract of Individualization of Production. In the execution of cases provided for in lines "d", "e", "f" and "g", the Production Individualization agreement. Disclosure disclosure of data and information referred is subject to a formal contract and prior written consent of confidentiality. The contract shall provide which the third party mentioned in items “d” to “g” such points shall be conditioned obligated to a previous confidentiality agreement, which shall: include comply with the provisions in paragraphs 32.1 and 32.2; establish that its default paragraph 33.1 and, in the event of noncompliance, shall be subject to the provision in Section Twentyprovisions of clause twenty-Nine; prohibit the disclosure by the third party of the data and information received nine, without ANP’s prior consent. The third party shall not count on however having the benefit of the exceptions provided for in sub-items (a) to “g” (f) of paragraph 31.1 for disclosure the dissemination of data and information without prior consent of ANP’s . The third party shall not count with the benefit of the exceptions provided for in lines "a" to "g" for the dissemination of data and information without prior consentconsent of ANP. In the events cases provided for in sub-items “lines "a" to "g", the Concessionaire shall must send ANP a notice notification, within thirty 30 (30thirty) days of from the disclosure. The notice shall notification must be followed accompanied by the data and and/or information disclosed, the reasons for the disclosure, disclosure and the list relationship of third parties who had access to such data and and/or information. In the events provided for in sub-items “d” to “g”, the notice shall also be followed by a copy of the confidentiality agreement referred to in paragraph 32.2.1. The provisions in paragraphs 32.1 and 32.2 shall remain in effect and shall survive termination of this Agreement. ANP undertakes not to disclose any data and information obtained as a result of the Operations and related to the areas withheld by the Concessionaire, pursuant to art. 5, paragraph 2, of Decree No. 7,724/2012. Such provision shall not apply in case the disclosure is necessary for compliance with the applicable legal provisions, including the laws and regulations on access to information, or for proceeding with the purposes to which it was created. Notices, requests, submission of plans, programs, reports, as well as any other communications provided for in this Agreement shall be formal and made in writing, pursuant to the Applicable Laws and Regulations. If there is no specific provision in the Applicable Laws and Regulations, the communications set forth herein shall be delivered in person, upon receipt, or sent by mail, with proof of receipt. Acts and communications related to this Agreement shall be written in Portuguese and signed by a legal representative of the Concessionaire or an attorney-in-fact with specific powers. The addresses of the representatives of the Parties are included in Annex VIII. In case of change of address, the Parties undertake to notify the other Party about the new address upon at least thirty (30)-day notice of the change.

Appears in 1 contract

Samples: Concession Contract for Exploration and Production of Oil and Natural Gas

Obligation of the Concessionaire. Any and all All data and information acquired, processed, produced, developed, or, in any way, obtained as a result of the Operations and the Agreement, are strictly confidential. Data and information referred to in paragraph 32.1 28.1 may not be disclosed by the Concessionaire without ANP’s prior consent, except when: they are or become public by a third party authorized to disclose them; there is a requirement for disclosure arising from legal obligation or court order; the disclosure is made according to the rules and limits imposed by the stock exchange in which the Concessionaire’s shares are traded; the disclosure is directed to an Affiliate, consultant, or agent of the Concessionaire; the disclosure is directed to the financial institution and insurance company to which the Concessionaire resorts or to a consultant thereof; the disclosure is directed to a potential assignee in good faith or to its Affiliate or consultant; and the disclosure is directed to a Concessionaire or contractor under another regime of Exploration and Production of Oil and Gas in an adjacent area, to its Affiliate, or to its consultant, aiming at the execution of the Production Individualization agreement. Disclosure of data and information referred to in items “d” to “g” shall be conditioned to a previous confidentiality agreement, which shall: include the provisions in paragraphs 32.1 28.1 and 32.228.2; establish that its default shall be subject to the provision in Section Twenty-NineFive; prohibit the disclosure by the third party of the data and information received without ANP’s prior consent. The third party shall not count on the benefit of the exceptions provided for in sub-items “a” to “g” for disclosure of data and information without ANP’s prior consent. In the events provided for in sub-items “a” to “g”, the Concessionaire shall send ANP a notice within thirty (30) days of the disclosure. The notice shall be followed by data and information disclosed, the reasons for the disclosure, and the list of third parties who had access to such data and information. In the events provided for in sub-items “d” to “g”, the notice shall also be followed by a copy of the confidentiality agreement referred to in paragraph 32.2.128.2.1. The provisions in paragraphs 32.1 28.1 and 32.2 28.2 shall remain in effect and shall survive termination of this Agreement. ANP undertakes not to disclose any data and information obtained as a result of the Operations and related to the areas withheld by the Concessionaire, pursuant to art. 5, paragraph 2, of Decree No. 7,724/2012. Such provision shall not apply in case the disclosure is necessary for compliance with the applicable legal provisions, including the laws and regulations on access to information, or for proceeding with the purposes to which it was created. Notices, requests, submission of plans, programs, reports, as well as any other communications provided for in this Agreement shall be formal and made in writing, pursuant to the Applicable Laws and Regulations. If there is no specific provision in the Applicable Laws and Regulations, the communications set forth herein shall be delivered in person, upon receipt, or sent by mail, with proof of receipt. Acts and communications related to this Agreement shall be written in Portuguese and signed by a legal representative of the Concessionaire or an attorney-in-fact with specific powers. The addresses of the representatives of the Parties are included in Annex VIIIXxxxx XXXX. In case of change of address, the Parties undertake to notify the other Party about the new address upon at least thirty (30)-day notice of the change.

Appears in 1 contract

Samples: Concession Agreement

Obligation of the Concessionaire. Any and all All data and information acquired, processed, produced, developed, or, in any way, obtained as a result of the Operations and the Agreement, Agreement are strictly confidential. Data and information referred to in paragraph 32.1 31.1 may not be disclosed by the Concessionaire without ANP’s prior consent, except when: they are or become public by a third party authorized to disclose them; there is a requirement for disclosure arising from legal obligation or court order; the disclosure is made according to the rules and limits imposed by the stock exchange in which the Concessionaire’s shares are traded; the disclosure is directed to an Affiliate, consultant, or agent of the Concessionaire; the disclosure is directed to the financial institution and insurance company to which the Concessionaire resorts or to a consultant thereof; the disclosure is directed to a potential assignee in good faith or to its Affiliate or consultant; and the disclosure is directed to a Concessionaire or contractor under another regime of Exploration and Production of Oil and Gas in an adjacent area, to its Affiliate, or to its consultant, aiming at the execution of the Production Individualization agreement. Disclosure of data and information referred to in items “d” to “g” shall be conditioned to a previous confidentiality agreement, which shall: include the provisions in paragraphs 32.1 31.1 and 32.231.2; establish that its default shall be subject to the provision in Section Twenty-NineEight; prohibit the disclosure by the third party of the data and information received without ANP’s prior consent. The third party shall not count on the benefit of the exceptions provided for in sub-items “a” to “g” for disclosure of data and information without ANP’s prior consent. In the events provided for in sub-items “a” to “g”, the Concessionaire shall send ANP a notice within thirty (30) days of the disclosure. The notice shall be followed by the data and and/or information disclosed, the reasons for the disclosure, and the list of third parties who had access to such data and and/or information. In the events provided for in sub-items “d” to “g”, the notice shall also be followed by a copy of the confidentiality agreement referred to in paragraph 32.2.131.2.1. The provisions in paragraphs 32.1 31.1 and 32.2 31.2 shall remain in effect and shall survive termination of this Agreement. ANP undertakes not to disclose any data and information obtained as a result of the Operations and related to the areas withheld by the Concessionaire, pursuant to art. 5, paragraph 2, of Decree No. 7,724/2012Operations. Such provision shall not apply in case the disclosure is necessary for compliance with the applicable legal provisions, including the laws and regulations on access to information, or for proceeding with the purposes to which it was created. Notices, requests, submission of plans, programs, reports, as well as any other communications provided for in this Agreement shall be formal and made in writing, pursuant to the Applicable Laws and Regulations. If there is no specific provision in the Applicable Laws and Regulations, the communications set forth herein shall be delivered in person, upon receipt, or sent by mail, with proof of receipt. Acts and communications related to this Agreement shall be written in Portuguese and signed by a legal representative of the Concessionaire or an attorney-in-fact with specific powers. The addresses of the representatives of the Parties are included in Annex VIII. In case of change of address, the Parties undertake to notify the other Party about the new address upon at least thirty (30)-day notice of the change.

Appears in 1 contract

Samples: Concession Agreement for Exploration and Production of Oil and Gas

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