Obligations and Liabilities of a Withdrawing Party. (A) A withdrawing Party shall, following its notification of withdrawal, remain liable only for its share of the following: (1) Costs of Joint Operations, and Exclusive Operations in which it has agreed to participate, that were approved by the Operating Committee or Consenting Parties as part of a Work Program and Budget or AFE prior to such Party’s notification of withdrawal, regardless of when they are actually incurred; (2) Any Minimum Work Obligations for the current period or phase of the Contract, and for any subsequent period or phase which has been approved pursuant to Article 11.2 and with respect to which such Party has failed to timely withdraw under Article 13.4(B); (3) Emergency expenditures as described in Articles 4.2(B)(11) and 13.5; (4) All other obligations and liabilities of the Parties or Consenting Parties, as applicable, with respect to acts or omissions under this Agreement prior to the effective date of such Party’s withdrawal for which such Party would have been liable, had it not withdrawn from this Agreement; and (5) In the case of a partially withdrawing Party, any costs and liabilities with respect to Exploitation Areas, Commercial Discoveries and Discoveries from which it has not withdrawn. The obligations and liabilities for which a withdrawing Party remains liable shall specifically include its share of any costs of plugging and abandoning xxxxx or portions of xxxxx in which it participated (or was required to bear a share of the costs pursuant to Article 13.4(A)(1)), to the extent such costs of plugging and abandoning are payable by the Parties under the Contract. Any liens, charges and other encumbrances which the withdrawing Party placed on such Party’s Participating Interest prior to its withdrawal shall be fully satisfied or released, at the withdrawing Party’s expense, prior to its withdrawal. A Party’s withdrawal shall not relieve it from liability to the non-withdrawing Parties with respect to any obligations or liabilities attributable to the withdrawing Party under this Article XIII merely because they are not identified or identifiable at the time of withdrawal. (B) Notwithstanding the foregoing, a Party shall not be liable for any operations or expenditures it voted against (other than operations and expenditures described in Article 13.4(A)(2) or 13.4(A)(3)) if it sends notification of its withdrawal within five (5) Days (or within twenty-four (24) hours if the drilling rig to be used in such operation is standing by on the Contract Area) of the Operating Committee vote approving such operation or expenditure. Likewise, a Party voting against voluntarily entering into or extending of an Exploration Period or Exploitation Period or any phase of the Contract or voluntarily extending the Contract shall not be liable for the Minimum Work Obligations associated therewith provided that it sends notification of its withdrawal within thirty (30) Days of such vote pursuant to Article 11.2.
Appears in 3 contracts
Samples: Joint Operating Agreement, Joint Operating Agreement (Kosmos Energy Ltd.), Joint Operating Agreement
Obligations and Liabilities of a Withdrawing Party. (A) A withdrawing Party shall, following its notification of withdrawal, remain liable only for its share of the following:
(1) Costs costs of Joint Operations, and Exclusive Operations in which it has agreed to participate, that were approved by the Operating Committee or Consenting Parties as part of a Work Program and Budget (including a multi-year Work Program and Budget under Article 6.5) or AFE prior to such Party’s notification of withdrawal, regardless of when they are actually incurred;
(2) Any any Minimum Work Obligations for the current period or phase of the Contract, and for any subsequent period or phase which has been approved pursuant to Article 11.2 and with respect to which such Party has failed to timely withdraw under Article 13.4(B);
(3) Emergency expenditures as described in Articles 4.2(B)(114.2(B)(13) and 13.513.5 related to an emergency occurring prior to the effective date of a Party’s withdrawal, regardless of when such expenditures are incurred;
(4) All all other obligations and liabilities of the Parties or Consenting Parties, as applicable, with respect to acts or omissions under this Agreement prior to the effective date of such Party’s withdrawal for which such Party would have been liable, had it not withdrawn from this Agreement; and
(5) In in the case of a partially withdrawing Party, any costs and liabilities with respect to Exploitation Areas, Commercial Discoveries and Discoveries from which it has not withdrawn. The obligations and liabilities for which a withdrawing Party remains liable shall specifically include its share of any costs of plugging and abandoning xxxxx or portions of xxxxx in which it participated (or was required to bear a share of the costs pursuant to Article 13.4(A)(1)), ) to the extent such costs of plugging and abandoning are payable by the Parties under the Contract. Any mortgages, liens, pledges, charges and or other encumbrances which were placed on the withdrawing Party placed on such Party’s Participating Interest prior to its such Party’s withdrawal shall be fully satisfied or released, at the withdrawing Party’s expense, prior to its withdrawal. A Party’s withdrawal shall not relieve it from liability to the non-withdrawing Parties with respect to any obligations or liabilities attributable to the withdrawing Party under this Article XIII 13 merely because they are not identified or identifiable at the time of withdrawal.
(B) Notwithstanding the foregoing, a Party shall not be liable for any operations or expenditures it voted against (other than operations and expenditures described in Article 13.4(A)(2) or Article 13.4(A)(3)) if it sends notification of its withdrawal within five (5) Days (or within twenty-four (24) hours if the drilling rig to be used in such operation is standing by on the Contract Areafor Urgent Operational Matters) of the Operating Committee vote approving such operation or expenditure. Likewise, a Party voting against voluntarily entering into or extending of an Exploration Period or Exploitation Period or any phase of the Contract or voluntarily extending the Contract shall not be liable for the Minimum Work Obligations associated therewith provided that it sends notification of its withdrawal within thirty (30) Days of such vote pursuant to Article 11.2.
Appears in 3 contracts
Samples: Purchase and Sale Agreement (Hyperdynamics Corp), Operating Agreement (Hyperdynamics Corp), Joint Operating Agreement (Fortune Oil & Gas Inc)
Obligations and Liabilities of a Withdrawing Party. (Aa) A withdrawing Party shall, following its notification of withdrawal, remain liable only for its share of the following:
(1i) Costs of Joint Operations, and Exclusive Operations in which it has agreed to participate, that were approved by the Operating Committee or Consenting Parties as part of a Work Program and Budget or AFE prior to such Party’s notification of withdrawal, regardless of when they are actually incurred;
(2ii) Any Minimum Work Obligations for the current period period, or phase of the Contract, and for any subsequent period or of phase which has been approved pursuant to Article Clause 11.2 and with respect to which such Party has failed to timely withdraw under Article 13.4(BClause 13.4 (b);
(3iii) Emergency expenditures as described in Articles 4.2(B)(11Clauses 4.2(b)(ii) and 13.5;
(4iv) All other obligations and liabilities of the Parties or Consenting Parties, as applicable, with respect to acts or omissions under this Agreement prior to the effective date of such Party’s withdrawal for which such Party would have been liable, had it not withdrawn from this Agreement; and
(5v) In the case of a partially withdrawing Party, any costs and liabilities with respect to Exploitation Areas, Commercial Discoveries and Discoveries from which it has not withdrawn. The obligations and liabilities for which a withdrawing Party remains liable shall specifically include its share of any costs of plugging and abandoning xxxxx or portions of xxxxx in which it participated (or was required to bear a share of the costs pursuant to Article 13.4(A)(1Clause 13.4(a)(i)), to the extent such costs of plugging and abandoning are payable by the Parties under the Contract. Any liens, charges and other encumbrances which the withdrawing Party placed on such Party’s Participating Interest prior to its withdrawal shall be fully satisfied or released, at the withdrawing Party’s expense, prior to its withdrawal. A Party’s withdrawal shall not relieve it from liability to the non-withdrawing Parties with respect to any obligations or liabilities attributable to the withdrawing Party under this Article XIII Clause 13 merely because they are not identified or identifiable at the time of withdrawal.
(Bb) Notwithstanding the foregoing, a Party shall not be liable for any operations or expenditures it voted against (other than operations and expenditures described in Article 13.4(A)(2Clauses 13.4(a)(ii) or 13.4(A)(313.4(a)(iii)) if it sends notification of its withdrawal within five (5) Days (or within twenty-twenty four (24) hours if the drilling rig to be used in such operation is standing by on the Contract Area) of the Operating Committee Operations Management Board vote approving such operation or expenditure. Likewise, a Party voting against voluntarily entering into or extending of an Exploration Period or Exploitation Period or any phase of the Contract or voluntarily extending the Contract shall not be liable for the Minimum Work Obligations associated therewith provided that it sends notification of its withdrawal within thirty (30) Days of such vote pursuant to Article Clause 11.2.
Appears in 3 contracts
Samples: Joint Operating Agreement, Joint Operating Agreement, Joint Operating Agreement (Kosmos Energy Ltd.)
Obligations and Liabilities of a Withdrawing Party. (A) A withdrawing Party shall, following its notification of withdrawal, remain liable only for its share of the following:
(1) Costs of Joint Operations, and any additional Exclusive Operations in which it has agreed to participate, that were approved by the Operating Committee or Consenting Parties as part of a Work Program and Budget or AFE prior to such Party’s notification of withdrawal, regardless of when they are actually incurred;,
(2) Any Minimum Work Obligations for the current period or phase of the ContractDevelopment Plan, and for any subsequent period or phase which has been approved pursuant to Article 11.2 and with respect to which such Party has failed to timely withdraw under Article 13.4(B);10.2,
(3) Emergency expenditures as described in Articles 4.2(B)(114.2(B)(1) and 13.5;12.5,
(4) All other obligations and liabilities of the Parties or Consenting Parties, as applicable, with respect to acts or omissions under this Agreement prior to the effective date of such Party’s withdrawal for which such Party would have been liable, had it not withdrawn from this Agreement; and
(5) In the case of a partially withdrawing Party, any costs and liabilities with respect to Exploitation Areas, Commercial Discoveries and Discoveries from which it has not withdrawn. The obligations and liabilities for which a withdrawing Party remains liable shall specifically include its share of any costs of plugging Exploration, Extraction and abandoning xxxxx or portions of xxxxx Operation in the Lease Area in which it participated (or was required to bear a share of the costs pursuant to Article 13.4(A)(1)), 12.4(A) to the extent such costs of plugging Exploration, Extraction, Operation Completion and abandoning Surrender are payable by the Parties under the ContractLease Agreement and this Operating Agreement. Any liens, charges and other encumbrances which the withdrawing Party placed on such Party’s Participating Interest prior to its withdrawal shall be fully satisfied or releasedreleased within no longer than ninety (90) Days, at the withdrawing Party’s expense, expense prior to its withdrawal. A Party’s withdrawal shall not relieve it from liability to the nonno-withdrawing Parties with respect to any obligations or liabilities attributable to the withdrawing Party under this Article XIII XII merely because they are not identified or identifiable at the time of withdrawal.
(B) Notwithstanding the foregoing, a Party shall not be liable for any operations or expenditures it voted against elected not to Participate in (other than operations and expenditures described in Article 13.4(A)(212.4(A)(2) or 13.4(A)(3)12.4(A)(3) if it sends notification of its withdrawal within five (5) Days (or within twenty-four (24) hours if the drilling rig to be used in before such operation is standing by operation’s begin on the Contract Lease Area) of the Operating Committee vote Operator approving such operation or expenditure. Likewise, a Party voting against voluntarily entering into or extending of an Exploration Period or Exploitation Period or any phase of the Contract or voluntarily extending the Contract shall not be liable for the Minimum Work Obligations associated therewith provided that it sends notification of its withdrawal within thirty (30) Days of such vote pursuant to Article 11.2.
Appears in 3 contracts
Samples: Joint Venture & Partnership Agreement (Guskin Gold Corp.), Joint Venture & Partnership Agreement (Guskin Gold Corp.), Joint Venture & Partnership Agreement (Guskin Gold Corp.)
Obligations and Liabilities of a Withdrawing Party. (A) A withdrawing Party shallParty, following prior to its notification of withdrawal, remain liable only for its share of the following:
(1) Costs of Joint Operations, shall satisfy all obligations and Exclusive Operations in which liabilities it has agreed incurred or attributable to participate, that were approved by the Operating Committee or Consenting Parties as part of a Work Program and Budget or AFE it prior to such Party’s notification of withdrawal, withdrawal regardless of when they are actually incurred;
, including (2i) Any Minimum Work Obligations for any expenditures budgeted and/or approved by the current period or phase Operating Committee prior to its written notification of the Contractwithdrawal (development projects included), and for any subsequent period or phase which has been approved pursuant to Article 11.2 and with respect to which such Party has failed to timely withdraw under Article 13.4(B);
(3ii) Emergency emergency expenditures as described in Articles Sections 4.2(B)(11) and 13.5;
12.5 and (4iii) All all other obligations and liabilities of the Parties or Consenting Parties, as applicable, with respect to acts or omissions under this Agreement prior to the effective date of such Party’s its withdrawal for which such Party would have been liable, had it not withdrawn from this Agreement; and
(5) In Agreement and the case of a partially withdrawing Party, any costs and liabilities with respect to Exploitation Areas, Commercial Discoveries and Discoveries from which it has not withdrawnContract. The If such obligations and liabilities for which a are not identified or identifiable at the time of withdrawal the withdrawing Party remains shall nonetheless remain liable shall specifically include its share of therefor. Furthermore, any costs of plugging and abandoning xxxxx or portions of xxxxx in which it participated (or was required to bear a share of the costs pursuant to Article 13.4(A)(1)), to the extent such costs of plugging and abandoning are payable by the Parties under the Contract. Any liens, charges and other encumbrances which the withdrawing Party placed on such Party’s 's Participating Interest prior to its withdrawal shall be fully satisfied or released, at the withdrawing Party’s 's expense, prior to its withdrawal. A Party’s withdrawal shall not relieve it from liability to the non-withdrawing Parties with respect to any obligations or liabilities attributable to the withdrawing Party under this Article XIII merely because they are not identified or identifiable at the time of withdrawal.
(B) Notwithstanding the foregoing, a withdrawing Party shall not be liable for any operations or expenditures (participation in which, or liability therefor, is not mandatory hereunder except as a sole consequence of the binding effect of a Operating Committee decision) it voted against (other than operations and expenditures described in Article 13.4(A)(2) or 13.4(A)(3)) a properly constituted Operating Committee vote if it sends delivers notification of its withdrawal within five (5) Days (or within twenty-four (24) hours if the drilling rig to be used in such operation is standing by on the Contract Area) of the Operating Committee vote approving such operation or expenditure. Likewise, a A Party voting against voluntarily voluntary entering into or extending of an a Contract Period, Exploration Period or Exploitation Period or any phase of the Contract or voluntarily extending the Contract shall not be liable for the Minimum Work Obligations associated therewith provided that it sends notification of its withdrawal within thirty (30) Days of such vote pursuant to Article 11.2Section 10.2.
(C) The obligations and liabilities for which a withdrawing Party remains liable shall specifically include its share of any costs of Decommissioning xxxxx, or portion of xxxxx, field flowlines, pipelines, structures and facilities in which it participated (or was required to bear a share of the costs pursuant to Section 12.4(A)), to the extent such costs of Decommissioning are payable by the Parties under the Contract.
Appears in 2 contracts
Samples: Assignment of State Participating Interest (Triton Energy LTD), Assignment of State Participating Interest (Triton Energy LTD)
Obligations and Liabilities of a Withdrawing Party. (A) A withdrawing Party shall, following its notification of withdrawal, remain liable only for its share of the following:
(1) Costs costs of Joint Operations, and Exclusive Operations in which it has agreed to participate, that were approved by the Operating Committee or Consenting Parties as part of a Work Program and Budget (including a multi-year Work Program and Budget under Article 6.5) or AFE prior to such Party’s notification of withdrawal, regardless of when they are actually incurred;
(2) Any any Minimum Work Obligations for the current period or phase of the Contract, and for any subsequent period or phase which has been approved pursuant to Article 11.2 and with respect to which such Party has failed to withdraw in a timely withdraw manner under Article 13.4(B);
(3) Emergency expenditures as described in Articles 4.2(B)(114.2(B)(13) and 13.513.5 related to an emergency occurring prior to the effective date of a Party’s withdrawal, regardless of when such expenditures are incurred;
(4) All all other obligations and liabilities of the Parties or Consenting Parties, as applicable, with respect to acts or omissions under this Agreement prior to the effective date of such Party’s withdrawal for which such Party would have been liable, had it not withdrawn from this Agreement; and
(5) In in the case of a partially withdrawing Party, any costs and liabilities with respect to Exploitation Areas, Commercial Discoveries and Discoveries from which it has not withdrawn. The obligations and liabilities for which a withdrawing Party remains liable shall specifically include its share of any costs of plugging and abandoning xxxxx or portions of xxxxx in which it participated (or was required to bear a share of the costs pursuant to Article 13.4(A)(1)), ) to the extent such costs of plugging and abandoning are payable by the Parties under the Contract. Any mortgages, liens, pledges, charges and or other encumbrances which were placed on the withdrawing Party placed on such Party’s Participating Interest prior to its such Party’s withdrawal shall be fully satisfied or released, at the withdrawing Party’s expense, prior to its withdrawal. A Party’s withdrawal shall not relieve it from liability to the non-withdrawing Parties with respect to any obligations or liabilities attributable to the withdrawing Party under this Article XIII 13 merely because they are not identified or identifiable at the time of withdrawal.
(B) Notwithstanding the foregoing, a Party shall not be liable for any operations or expenditures it voted against (other than operations and expenditures described in Article 13.4(A)(2) or Article 13.4(A)(3)) if it sends notification of its withdrawal within five (5) Days (or within twenty-four (24) hours if the drilling rig to be used in such operation is standing by on the Contract Areafor Urgent Operational Matters) of the Operating Committee vote approving such operation or expenditure. Likewise, a Party voting against voluntarily entering into or extending of an Exploration Period or Exploitation Period or any phase of the Contract or voluntarily extending the Contract shall not be liable for the Minimum Work Obligations associated therewith provided that it sends notification of its withdrawal within thirty (30) Days of such vote pursuant to Article 11.2.
Appears in 2 contracts
Samples: Joint Operating Agreement (Bontan Corp Inc), Joint Operating Agreement (Bontan Corp Inc)
Obligations and Liabilities of a Withdrawing Party. (A) A withdrawing Party shall, following its notification of withdrawal, remain liable only for its share of the following:
(1) Costs of Joint Operations, and Exclusive Operations in which it has agreed to participate, that were approved by the Operating Committee or Consenting Parties as part of a Work Program and Budget or AFE prior to such Party’s notification of withdrawal, regardless of when they are actually incurred;
(2) Any Minimum Work Obligations for the current period or phase of the Contract, and for any subsequent period or phase which has been approved pursuant to Article 11.2 and with respect to which such Party has failed to timely withdraw under Article 13.4(B);
(3) Emergency expenditures as described in Articles 4.2(B)(11) and 13.5;
(4) All other obligations and liabilities of the Parties or Consenting Parties, as applicable, with respect to acts or omissions under this Agreement prior to the effective date of such Party’s withdrawal for which such Party would have been liable, had it not withdrawn from this Agreement; and
(5) In the case of a partially withdrawing Party, any costs and liabilities with respect to Exploitation Areas, Commercial Discoveries and Discoveries from which it has not withdrawn. The obligations and liabilities for which a withdrawing Party remains mains liable shall specifically include its share of any costs of plugging and abandoning xxxxx or portions of xxxxx in which it participated (or was required to bear a share of the costs pursuant to Article 13.4(A)(1)), 13.4(A) to the extent such costs of plugging and abandoning are payable by the Parties under the Contract. Any liens, charges and other encumbrances which the withdrawing Party placed on such Party’s Participating Interest prior to its withdrawal shall be fully satisfied or released, at the withdrawing Party’s expense, expense prior to its withdrawal. A Party’s withdrawal shall not relieve it from liability to the nonno-withdrawing Parties with respect to any obligations or liabilities attributable to the withdrawing Party under this Article XIII merely because they are not identified or identifiable at the time of withdrawal.
(B) Notwithstanding the foregoing, a Party shall not be liable for any operations or expenditures it voted against (other than operations and expenditures described in Article 13.4(A)(2) or 13.4(A)(3)) if it sends notification of its withdrawal within five (5) Days (or within twenty-four (24) hours if the drilling rig to be used in such operation is standing by on the Contract Area) of the Operating Committee vote approving such operation or expenditure. Likewise, a Party voting against voluntarily entering into or extending of an Exploration Period or Exploitation Production Period or any phase of the Contract or voluntarily extending the Contract shall not be liable for the Minimum Work Obligations associated therewith provided that it sends notification of its withdrawal within thirty (30) Days of such vote pursuant to Article 11.2.
Appears in 2 contracts
Samples: Joint Operating Agreement, Joint Operating Agreement (Kosmos Energy Ltd.)
Obligations and Liabilities of a Withdrawing Party. (A) A withdrawing Party shall, following its notification of withdrawal, remain liable only for its share of the following:
(1) Costs costs of Joint Operations, and Exclusive Operations in which it has agreed to participate, that were approved by the Operating Committee or Consenting Parties as part of a Work Program and Budget or AFE (including a multi-year Work Program and Budget under Article 6.5) prior to such Party’s notification of withdrawal, regardless of when they are actually incurred;
(2) Any Minimum Work Obligations for expenditures described in Articles 4.2(B)(13) and 13.5 related to an emergency occurring prior to the current period or phase effective date of the Contracta Party’s withdrawal, and for any subsequent period or phase which has been approved pursuant to Article 11.2 and with respect to which regardless of when such Party has failed to timely withdraw under Article 13.4(B)expenditures are incurred;
(3) Emergency expenditures as described in Articles 4.2(B)(11) and 13.5;
(4) All all other obligations and liabilities of the Parties or Consenting Parties, as applicable, with respect to acts or omissions under this Agreement prior to the effective date of such Party’s withdrawal for which such Party would have been liable, had it not withdrawn from this Agreement; and
(54) In in the case of a partially withdrawing Party, any costs and liabilities with respect to Exploitation Areas, Commercial Discoveries and Discoveries from which it has not withdrawn. The obligations and liabilities for which a withdrawing Party remains liable shall specifically include its share of any costs of plugging and abandoning xxxxx wxxxx or portions of xxxxx wxxxx in which it participated (or was required to bear a share of the costs pursuant to Article 13.4(A)(1)), ) to the extent such costs of plugging and abandoning are payable by the Parties under the Contract. Any mortgages, liens, pledges, charges and or other encumbrances which were placed on the withdrawing Party placed on such Party’s Participating Interest prior to its such Party’s withdrawal shall be fully satisfied or released, at the withdrawing Party’s expense, prior to its withdrawal. A Party’s withdrawal shall not relieve it from liability to the non-withdrawing Parties with respect to any obligations or liabilities attributable to the withdrawing Party under this Article XIII 13 merely because they are not identified or identifiable at the time of withdrawal.
(B) Notwithstanding the foregoing, a Party shall not be liable for any operations or expenditures it voted against (other than operations and expenditures described in Article 13.4(A)(2) or Article 13.4(A)(3)) if it sends notification of its withdrawal within five (5) Days (or within twenty-four (24) hours if the drilling rig to be used in such operation is standing by on the Contract Areafor Urgent Operational Matters) of the Operating Committee vote approving such operation or expenditure. Likewise, a Party voting against voluntarily entering into or extending of an Exploration Period or Exploitation Period or any phase of the Contract or voluntarily extending the Contract shall not be liable for the Minimum Work Obligations associated therewith provided that it sends notification of its withdrawal within thirty (30) Days of such vote pursuant to Article 11.2.
Appears in 1 contract
Samples: International Operating Agreement (Geoglobal Resources Inc.)
Obligations and Liabilities of a Withdrawing Party. (A) A withdrawing Party shall, following its notification of withdrawal, remain liable only for its share of the following:
(1) Costs costs of Joint Operations, and Exclusive Operations in which it has agreed to participate, that were approved by the Operating Committee or Consenting Parties as part of a Work Program and Budget (including a multi-year Work Program and Budget under Article 6.5) or AFE prior to such Party’s notification of withdrawal, regardless of when they are actually incurred;
(2) Any any Minimum Work Obligations for the current period or phase of the ContractLicence, and for any subsequent period or phase which has been approved pursuant to Article 11.2 and with respect to which such Party has failed to timely withdraw under Article 13.4(B);
(3) Emergency expenditures as described in Articles 4.2(B)(114.2(B)(13) and 13.513.5 related to an emergency occurring prior to the effective date of a Party’s withdrawal, regardless of when such expenditures are incurred;
(4) All all other obligations and liabilities of the Parties or Consenting Parties, as applicable, with respect to acts or omissions under this Agreement prior to the effective date of such Party’s withdrawal for which such Party would have been liable, had it not withdrawn from this Agreement; and
(5) In in the case of a partially withdrawing Party, any costs and liabilities with respect to Exploitation Areas, Commercial Discoveries and Discoveries from which it has not withdrawn. The obligations and liabilities for which a withdrawing Party remains liable shall specifically include its share of any costs of plugging and abandoning xxxxx or portions of xxxxx in which it participated (or was required to bear a share of the costs pursuant to Article 13.4(A)(113.4(A) (1)), ) to the extent such costs of plugging and abandoning are payable by the Parties under the ContractLicence. Any mortgages, liens, pledges, charges and or other encumbrances which were placed on the withdrawing Party placed on such Party’s Participating Interest prior to its such Party’s withdrawal shall be fully satisfied or released, at the withdrawing Party’s expense, prior to its withdrawal. A Party’s withdrawal shall not relieve it from liability to the non-withdrawing Parties with respect to any obligations or liabilities attributable to the withdrawing Party under this Article XIII 13 merely because they are not identified or identifiable at the time of withdrawal.
(B) Notwithstanding the foregoing, a Party shall not be liable for any operations or expenditures it voted against (other than operations and expenditures described in Article 13.4(A)(213.4(A) (2) or 13.4(A)(3Article 13.4(A) (3)) if it sends notification of its withdrawal within five (5) Days (or within twenty-four (24) hours if the drilling rig to be used in such operation is standing by on the Contract Areafor Urgent Operational Matters) of the Operating Committee vote approving such operation or expenditure. Likewise, a Party voting against voluntarily entering into or extending of an Exploration Period or Exploitation Period or any phase of the Contract Licence or voluntarily extending the Contract Licence shall not be liable for the Minimum Work Obligations associated therewith provided that it sends notification of its withdrawal within thirty (30) Days of such vote pursuant to Article 11.211.
Appears in 1 contract
Samples: Joint Operating Agreement
Obligations and Liabilities of a Withdrawing Party. (A) A withdrawing Party shall, following its notification of withdrawal, remain liable only for its share of the following:
(1) Costs cost of Joint Operations, and Exclusive Operations in which it has agreed to participate, that were approved by the Operating Committee or Consenting Parties as part of a Work Program and Budget or AFE APE prior to such Party’s 's notification of withdrawal, regardless of when they are actually incurred;
(2) Any any Minimum Work Obligations for the current period or phase of the ContractConcession Agreement, and for any subsequent period or phase which has been approved pursuant to Article 11.2 and with respect to which such Party has failed to timely withdraw under Article 13.4(B);
(3) Emergency emergency expenditures as described in Articles 4.2(B)(11) and 13.5;
(4) All all other obligations and liabilities of the Parties or Consenting Parties, as applicable, with respect to acts or omissions under this Agreement prior to the effective date of such Party’s 's withdrawal for which such Party would have been liable, had it not withdrawn from this Agreement; and
(5) In in the case of a partially withdrawing Party, any costs and liabilities with respect to Exploitation AreasDevelopment Leases, Commercial Discoveries and Discoveries from which it has not withdrawn. The obligations and liabilities for which a withdrawing Party remains liable shall specifically include its share of any costs of plugging and abandoning xxxxx or portions of xxxxx in which it participated (or was required to bear a share of the costs pursuant to Article 13.4(A)(1)), to the extent such costs of plugging and abandoning are payable by the Parties parties under the ContractConcession Agreement. Any liens, charges and other encumbrances which the withdrawing Party placed place on such Party’s 's Participating Interest prior to its withdrawal shall be fully satisfied or released, at the withdrawing Party’s 's expense, prior to its withdrawal. A Party’s 's withdrawal shall not relieve it from liability to the non-withdrawing Parties with respect to any obligations or liabilities attributable to the withdrawing Party under this Article XIII merely because they are not identified or identifiable at the time of withdrawal.
(B) Notwithstanding the foregoing, a Party shall not be liable for any operations or expenditures it voted against (other than operations and expenditures described in Article 13.4(A)(2) or 13.4(A)(3)) if it sends notification of its withdrawal within five (5) Days (or within twenty-twenty- four (24) hours if the drilling rig to be used in such operation is standing by on the Contract Concession Area) of the Operating Committee vote approving such operation or expenditure. Likewise, a Party voting against voluntarily entering into or extending of an Exploration Period or Exploitation Period or of any phase of the Contract Concession Agreement or voluntarily extending the Contract Concession Agreement shall not be liable for the Minimum Work Obligations associated therewith provided that it sends notification of its withdrawal within thirty (30) 38 Days of such vote pursuant to Article 11.211.
Appears in 1 contract
Obligations and Liabilities of a Withdrawing Party. (A) A withdrawing Party shall, following its notification of withdrawal, remain liable only for its share of the following:
(1) Costs costs of Joint Operations, and Exclusive Operations in which it has agreed to participate, that were approved by the Operating Committee or Consenting Parties as part of a Work Program and Budget (including a multi-year Work Program and Budget under Article 6.5) or AFE prior to such Party’s 's notification of withdrawal, regardless of when they are actually incurred;
(2) Any any Minimum Work Obligations for the current period or phase of the Contract, and for any subsequent period or phase which has been approved pursuant to Article 11.2 and with respect to which such Party has failed to timely withdraw under Article 13.4(B);
(3) Emergency expenditures as described in Articles 4.2(B)(114.2(B)(13) and 13.513.5 related to an emergency occurring prior to the effective date of a Party's withdrawal, regardless of when such expenditures are incurred;
(4) All all other obligations and liabilities of the Parties or Consenting Parties, as applicable, with respect to acts or omissions under this Agreement prior to the effective date of such Party’s 's withdrawal for which such Party would have been liable, had it not withdrawn from this Agreement; and
(5) In in the case of a partially withdrawing Party, any costs and liabilities with respect to Exploitation Areas, Commercial Discoveries and Discoveries from which it has not withdrawn. The obligations and liabilities for which a withdrawing Party remains liable shall specifically include its share of any costs of plugging and abandoning xxxxx wells or portions of xxxxx wells in which it participated participatex (or xx was required to bear xxxx a share of the costs pursuant to Article 13.4(A)(1)), ) to the extent such costs of plugging and abandoning are payable by the Parties under the Contract. Any mortgages, liens, pledges, charges and or other encumbrances which were placed on the withdrawing Party placed on such Party’s 's Participating Interest prior to its such Party's withdrawal shall be fully satisfied or released, at the withdrawing Party’s 's expense, prior to its withdrawal. A Party’s 's withdrawal shall not relieve it from liability to the non-withdrawing Parties with respect to any obligations or liabilities attributable to the withdrawing Party under this Article XIII 13 merely because they are not identified or identifiable at the time of withdrawal.
(B) Notwithstanding the foregoing, a Party shall not be liable for any operations or expenditures it voted against (other than operations and expenditures described in Article 13.4(A)(2) or Article 13.4(A)(3)) if it sends notification of its withdrawal within five (5) Days (or within twenty-four (24) hours if the drilling rig to be used in such operation is standing by on the Contract Areafor Urgent Operational Matters) of the Operating Committee vote approving such operation or expenditure. Likewise, a Party voting against voluntarily entering into or extending of an Exploration Period or Exploitation Period or any phase of the Contract or voluntarily extending the Contract shall not be liable for the Minimum Work Obligations associated therewith provided that it sends notification of its withdrawal within thirty (30) Days of such vote pursuant to Article 11.211.
Appears in 1 contract
Obligations and Liabilities of a Withdrawing Party. (A) A withdrawing Party shallshall remain liable, following in proportion to its notification of withdrawalInterest, remain liable only for its share of the following:
(1) Costs of Joint Operations, and Exclusive Operations in which it has agreed to participate, participate that were approved by the Operating Committee or Consenting Parties as part of a Work Program and Budget or AFE prior to such Party’s notification of withdrawal, regardless of when they are actually incurred;
(2) Any Expenses specified in any Minimum Work Obligations for the current period or phase of the Petroleum Contract, and for any subsequent period or phase which has been approved pursuant to Article 11.2 and with respect to which such Party has failed to timely withdraw under Article 13.4(B);
(3) Emergency expenditures as described in Articles 4.2(B)(114.2(B)(10) and 13.5;
(4) All other obligations and liabilities of the Parties or Consenting Parties, as applicable, with respect to acts or omissions under this Agreement prior to the effective date of such Party’s withdrawal for which such Party would have been liable, had it not withdrawn from this Agreement; and
(5) In the case of a partially withdrawing Party, any costs and liabilities with respect to Exploitation Areas, Commercial Discoveries and Discoveries from which it has not withdrawn. The obligations and liabilities for which a withdrawing Party remains liable shall specifically include its share of any costs of plugging and abandoning xxxxx or portions of xxxxx in which it participated (or was required to bear a share of the costs pursuant to Article 13.4(A)(1)), to the extent such costs of plugging and abandoning are payable by the Parties under the Petroleum Contract. Any liens, charges and other encumbrances which the withdrawing Party placed on such Party’s Participating Interest rights hereunder prior to its withdrawal shall be fully satisfied or released, at the withdrawing Party’s expense, prior to its withdrawal. A Party’s withdrawal shall not relieve it from liability to the non-withdrawing Parties with respect to any obligations or liabilities attributable to the withdrawing Party under this Article XIII merely because they which are not identified or identifiable at the time of withdrawal.
(B) Notwithstanding the foregoing, a Party shall not be liable for any operations or expenditures it voted against (against, other than operations and expenditures described in Article 13.4(A)(2) or 13.4(A)(3)) , if it sends notification of its withdrawal from this Agreement within five (5) Days (or within twenty-four (24) hours if the drilling rig to be used time specified in such operation is standing by on the Contract Area) of the Operating Committee vote approving such operation or expenditureArticle 5.13(B). Likewise, a The Party voting against voluntarily entering into or extending of an Exploration Period or Exploitation Period Period, or any phase of the Contract Petroleum Contract, or voluntarily extending the Petroleum Contract shall not be liable for the Minimum Work Obligations associated therewith provided that it sends notification of its withdrawal within thirty (30) Days of the day of such vote pursuant to Article 11.2.
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Obligations and Liabilities of a Withdrawing Party. (A) A withdrawing Party shall, following its notification of withdrawal, remain liable only for its share of the following:
(1) Costs of Joint Operations, and Exclusive Operations in which it has agreed to participate, that were approved by the Operating Committee or Consenting Parties as part of a Work Program and Budget or AFE prior to such Party’s 's notification of withdrawal, regardless of when they are actually incurred;
(2) Any Minimum Work Obligations for the current period Exploration Sub-Period or phase of the ContractConcession, and for any subsequent period or phase which has been approved pursuant to Article 11.2 and with respect to which such Party has failed to timely withdraw under give its notice of withdrawal within the time periods set out in Article 13.4(B);
(3) Emergency expenditures as described in Articles 4.2(B)(11) and 13.5;
(4) All other obligations and liabilities of the Parties or Consenting Parties, as applicable, with respect to acts or omissions under this Agreement which were incurred or are attributable to the period prior to the effective date of such Party’s 's withdrawal for which such Party would have been liable, had it not withdrawn from this Agreement; and
(5) In the case of a partially withdrawing Party, any costs and liabilities with respect to Exploitation Areas, Commercial Discoveries and Discoveries Development Leases from which it has not withdrawn. The obligations and liabilities for which a withdrawing Party remains liable shall specifically include its share of any costs of plugging and abandoning xxxxx or portions of xxxxx in which it participated (or was required to bear a share of the costs pursuant to Article 13.4(A)(1)), to the extent such costs of plugging and abandoning are payable by the Parties under the ContractConcession. Any liens, charges and other encumbrances which the withdrawing Party placed on such Party’s 's Participating Interest prior to its withdrawal shall be fully satisfied or released, at the withdrawing Party’s 's expense, prior to its withdrawal. A Party’s 's withdrawal shall not relieve it from liability to the non-withdrawing Parties with respect to any obligations or liabilities attributable to the withdrawing Party under this Article XIII merely because they are not identified or identifiable at the time of withdrawal.
(B) Notwithstanding the foregoing, a Party shall not be liable for any operations or expenditures it voted against (other than operations and expenditures described in Article 13.4(A)(2) or 13.4(A)(3)) if it sends notification of its withdrawal within five (5) Days (or within twenty-four (24) hours if the drilling rig to be used in such operation is standing by on the Contract Concession Area) of the Operating Committee vote approving such operation or expenditure. Likewise, a Party voting against voluntarily entering into or extending of an Exploration Sub-Period, Exploration Period or Exploitation Development Period or any phase of the Contract Concession or voluntarily extending the Contract Concession shall not be liable for the Minimum Work Obligations associated therewith provided that it sends notification of its withdrawal within the earlier of thirty (30) Days of such vote pursuant to Article 11.211.2 or five (5) Days prior to the last date upon which the Parties must give notice to EGPC pursuant to the Concession in order to enter such period or obtain such extension.
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Obligations and Liabilities of a Withdrawing Party. (A) A withdrawing Party shall, following its notification of withdrawal, remain liable only for its share of the following:
(1) Costs costs of Joint Operations, and Exclusive Operations in which it has agreed to participate, that were approved by the Operating Committee or Consenting Parties as part of a Work Program and Budget (including a multi-year Work Program and Budget under Article 6.5) or AFE prior to such Party’s notification of withdrawal, regardless of when they are actually incurred;
(2) Any Minimum Work Obligations for expenditures described in Articles 4.2(B)(13) and 11.5 related to an emergency occurring prior to the current period or phase effective date of the Contracta Party’s withdrawal, and for any subsequent period or phase which has been approved pursuant to Article 11.2 and with respect to which regardless of when such Party has failed to timely withdraw under Article 13.4(B)expenditures are incurred;
(3) Emergency expenditures as described in Articles 4.2(B)(11) and 13.5;
(4) All all other obligations and liabilities of the Parties or Consenting Parties, as applicable, with respect to acts or omissions under this Agreement prior to the effective date of such Party’s withdrawal for which such Party would have been liable, had it not withdrawn from this Agreement; and
(54) In in the case of a partially withdrawing Party, any costs and liabilities with respect to Exploitation Areas, Commercial Discoveries and Discoveries from which it has not withdrawn. The obligations and liabilities for which a withdrawing Party remains liable shall specifically include its share of any costs of plugging and abandoning xxxxx or portions of xxxxx in which it participated (or was required to bear a share of the costs pursuant to Article 13.4(A)(1))Any mortgages, to the extent such costs of plugging and abandoning are payable by the Parties under the Contract. Any liens, pledges, charges and or other encumbrances which were placed on the withdrawing Party placed on such Party’s Participating Interest prior to its such Party’s withdrawal shall be fully satisfied or released, at the withdrawing Party’s expense, prior to its withdrawal. A Party’s withdrawal shall not relieve it from liability to the non-withdrawing Parties with respect to any obligations or liabilities attributable to the withdrawing Party under this Article XIII 10 merely because they are not identified or identifiable at the time of withdrawal.
(B) Notwithstanding the foregoing, a Party shall not be liable for any operations or expenditures it voted against (other than operations and expenditures described in Article 13.4(A)(210.4(A)(2) or 13.4(A)(3Article 10.4(A)(3)) if it sends notification of its withdrawal within five (5) Days (or within twenty-four (24) hours if the drilling rig to be used in such operation is standing by on the Contract Areafor Urgent Operational Matters) of the Operating Committee vote approving such operation or expenditure. Likewise, a Party voting against voluntarily entering into or extending of an Exploration Period or Exploitation Period or any phase of the Contract or voluntarily extending the Contract shall not be liable for the Minimum Work Obligations associated therewith provided that it sends notification of its withdrawal within thirty (30) Days of such vote pursuant to Article 11.2.
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Obligations and Liabilities of a Withdrawing Party. (Aa) A withdrawing Party shall, following after its notification of withdrawal, remain liable only for its share of the following:
(1i) Costs costs of Joint Operations, and Exclusive costs of Reduced Interest Operations in which it such withdrawing Party has agreed to participate, that were approved by the Operating Committee or Consenting Well Interest Parties as part of a Work Program and Budget (including a multi-year Work Program and Budget under clause 6.1(b)) or AFE prior to before such Party’s notification of withdrawal, regardless of when they are actually incurred;
(2ii) Any any Minimum Work Obligations for the current period or phase of the ContractPermits, and for any subsequent period or phase which that has been approved pursuant to Article 11.2 under clause 16.2 and with respect to which such Party has failed to timely withdraw under Article 13.4(Bclause 18.4(c);
(3iii) Emergency expenditures as described in Articles 4.2(B)(11clauses 4.2(b)(xiv) and 13.518.5 related to an emergency occurring before the effective date of a Party’s withdrawal, regardless of when such expenditures are incurred;
(4iv) All in the case where the Operating Committee has approved a Decommissioning or abandonment plan in accordance with clause 15, a proportion equal to its Participating Interest share (such Participating Interest to be calculated immediately preceding its withdrawal) of the Operating Committee’s estimate (from time to time) of Decommissioning Costs, regardless of when such costs are incurred; and
(v) all other obligations and liabilities of the Parties or Consenting Well Interest Parties, as applicable, with respect to concerning acts or omissions under this Agreement prior to before the effective date of such Party’s withdrawal for which such Party would have been liable, had it not withdrawn from this Agreement; and.
(5b) In the case of a partially withdrawing Party, any costs and liabilities with respect to Exploitation Areas, Commercial Discoveries and Discoveries from which it has not withdrawn. The obligations and liabilities for which a withdrawing Party remains liable shall specifically include its share of any costs of plugging and abandoning xxxxx or portions of xxxxx in which it participated (or was required to bear a share of the costs pursuant to Article 13.4(A)(1under clause 18.4(a)(i)), ) to the extent such costs of plugging and abandoning are payable by the Parties under the ContractPermits. Any liens, charges and other encumbrances which Encumbrances that were placed on the withdrawing Party placed on such Party’s Participating Interest prior to its before such Party’s withdrawal shall be Amending Deed – Joint Operating Agreement (Beetaloo JV) 101 fully satisfied or released, at the withdrawing Party’s expense, prior to before its withdrawal. A Party’s withdrawal shall not relieve it from liability to the non-withdrawing Parties with respect to concerning any obligations or liabilities attributable to the withdrawing Party under this Article XIII clause 18 merely because they are not identified or identifiable at the time of withdrawal.
(Bc) Notwithstanding the foregoing, a Party shall not be liable for any operations or expenditures it voted against (other than operations and expenditures described in Article 13.4(A)(2clause 18.4(a)(ii) or 13.4(A)(3clause 18.4(a)(iii)) if it sends notification of its withdrawal within five (5) 5 Business Days (or within twenty-four (24) 48 hours if the drilling rig to be used in such operation is standing by on the Contract Areafor Urgent Operational Matters) of the Operating Committee vote approving such operation or expenditure. Likewise, a Party voting against voluntarily entering into into, or extending of extending, an Exploration Period or Exploitation Period or any phase of the Contract Permits, or voting against voluntarily extending the Contract Permits shall not be liable for the Minimum Work Obligations associated therewith provided that it sends notification of its withdrawal within thirty (30) 30 Days of such vote pursuant to Article 11.2under clause 16.2.
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Samples: Joint Operating Agreement (Tamboran Resources Corp)
Obligations and Liabilities of a Withdrawing Party. (A) A withdrawing Party shall, following its notification of withdrawal, remain liable only for its share of the following:
(1) Costs of Joint Operations, and Exclusive Operations in which it has agreed to participate, that were approved by the Operating Committee or Consenting Parties as part of a Work Program and Budget or AFE prior to such Party’s 's notification of withdrawal, regardless of when they are actually incurred;
(2) Any Minimum Work Obligations for the current period Exploration Sub-Period or phase of the ContractConcession, and for any subsequent period or phase which has been approved pursuant to Article 11.2 and with respect to which such Party has failed to timely withdraw under give its notice of withdrawal within the time periods set out in Article 13.4(B13.4(8);
(3) Emergency expenditures as described in Articles 4.2(B)(114.2(B)(ii) and 13.5;
(4) All other obligations and liabilities of the Parties or Consenting Parties, as applicable, with respect to acts or omissions under this Agreement which were incurred or are attributable to the period prior to the effective date of such Party’s 's withdrawal for which such Party would have been liable, had it not withdrawn from this Agreement; and
(5) In the case of a partially withdrawing Party, any costs and liabilities with respect to Exploitation Areas, Commercial Discoveries and Discoveries Development Leases from which it has not withdrawn. The obligations and liabilities for which a withdrawing Party remains liable shall specifically include its share of any costs of plugging and abandoning xxxxx or portions of xxxxx in which it participated (or was required to bear a share of the costs pursuant to Article 13.4(A)(1))>>, to the extent such costs of plugging and abandoning are payable by the Parties under the ContractConcession. Any liens, charges and other encumbrances which the withdrawing Party placed on such Party’s 's Participating Interest prior to its withdrawal shall be fully satisfied or released, at the withdrawing Party’s 's expense, prior to its withdrawal. A Party’s 's withdrawal shall not relieve it from liability to the non-non- withdrawing Parties with respect to any obligations or liabilities attributable to the withdrawing Party under this Article XIII merely because they are not identified or identifiable at the time of withdrawal.. West Xxxxxx XXX 20-F
(B) Notwithstanding the foregoing, a Party party shall not be liable for any operations or expenditures it voted against (other than operations and expenditures described in Article 13.4(A)(2) or 13.4(A)(3)) if it sends notification of its withdrawal within five (5) Days (or within twenty-four (24) hours if the drilling rig to be used in such operation is standing by on the Contract Concession Area) of the Operating Committee vote approving such operation or expenditure. Likewise, a Party party voting against voluntarily entering into or extending of an Exploration Sub-Period, Exploration Period or Exploitation Development Period or any phase of the Contract Concession or voluntarily extending the Contract Concession shall not be liable for the Minimum Work Obligations associated therewith provided that it sends notification of its withdrawal within the earlier of thirty (30) Days of such vote pursuant to Article 11.211.2 or five (5) Days prior to the last date upon which the Parties must give notice to EGPC pursuant to the Concession in order to enter such period or obtain such extension.
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Samples: International Joint Operating Agreement (Transatlantic Petroleum Corp)
Obligations and Liabilities of a Withdrawing Party. (A) A withdrawing Party shall, following its notification of withdrawal, remain liable only for its share of the following:
(1) Costs costs of Joint Operations, and Exclusive Operations in which it has agreed to participate, that were approved by the Operating Committee or Consenting Parties as part of a Work Program Programme and Budget (including a multi-year Work Programme and Budget under Article 6.5) or AFE prior to such Party’s notification of withdrawal, regardless of when they are actually incurred;
(2) Any any Minimum Work Obligations for the current period or phase of the ContractLicence, and for any subsequent period or phase which has been approved pursuant to Article 11.2 and with respect to which such Party has failed to timely withdraw under Article 13.4(B);
(3) Emergency expenditures as described in Articles 4.2(B)(114.2(B)(13) and 13.513.5 related to an emergency occurring prior to the effective date of a Party’s withdrawal, regardless of when such expenditures are incurred;
(4) All all other obligations and liabilities of the Parties or Consenting Parties, as applicable, with respect to acts or omissions under this Agreement prior to the effective date of such Party’s withdrawal for which such Party would have been liable, had it not withdrawn from this Agreement; and
(5) In in the case of a partially withdrawing Party, any costs and liabilities with respect to Exploitation Areas, Commercial Discoveries and Discoveries from which it has not withdrawn. The obligations and liabilities for which a withdrawing Party remains liable shall specifically include its share of any costs of plugging and abandoning xxxxx or portions of xxxxx in which it participated (or was required to bear a share of the costs pursuant to Article 13.4(A)(1)), ) to the extent such costs of plugging and abandoning are payable by the Parties under the ContractLicence. Any mortgages, liens, pledges, charges and or other encumbrances which were placed on the withdrawing Party placed on such Party’s Participating Interest prior to its such Party’s withdrawal shall be fully satisfied or released, at the withdrawing Party’s expense, prior to its withdrawal. A Party’s withdrawal shall not relieve it from liability to the non-withdrawing Parties with respect to any obligations or liabilities attributable to the withdrawing Party under this Article XIII 13 merely because they are not identified or identifiable at the time of withdrawal.
(B) Notwithstanding the foregoing, a Party shall not be liable for any operations or expenditures it voted against (other than operations and expenditures described in Article 13.4(A)(2) or Article 13.4(A)(3)) if it sends notification of its withdrawal within five (5) Days (or within twenty-four (24) hours if the drilling rig to be used in such operation is standing by on the Contract Area) of the Operating Committee vote approving such operation or expenditure. Likewise, a Party voting against voluntarily entering into or extending of an Exploration Period or Exploitation Period or any phase of the Contract or voluntarily extending the Contract shall not be liable for the Minimum Work Obligations associated therewith provided that it sends notification of its withdrawal within thirty (30) Days of such vote pursuant to Article 11.2.five
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Samples: Joint Operating Agreement