Penal Provisions. Article 48 Termination of contracts
1. Where the contractor has not complied with the provisions of this Petroleum Mining Code, the regulations and directions issued by the Joint Authority, or the terms of the contract the Joint Authority may recommend to the Ministerial Council that the contract be terminated. The Joint Authority shall give thirty (30) days written notice to the contractor of the Joint Authority's intention to recommend termination of the contract.
2. The Ministerial Council shall not agree to the termination of the contract until the contractor has had an opportunity to provide the Joint Authority with reasons why the contract should not be terminated, and the Joint Authority has given full consideration to those reasons. The contractor must provide reasons for non-termination within thirty (30) days of receipt of notice of the Joint Authority's intention to terminate.
3. Notwithstanding the termination of a contract, the contractor shall remain liable to take such action as is necessary to clean-up the contract area and remove all property brought into that area. The contractor shall remain liable to the Joint Authority to pay any outstanding debts due to the Authority. This production sharing contract, which has been approved by the Ministerial Council established under the Treaty between Australia and the Republic of Indonesia on the Zone of Cooperation in an Area between the Indonesian Province of East Timor and Northern Australia (hereinafter called the Treaty), is made and entered into on this day of , 19 by and between the Joint Authority established under the Treaty and , (a) corporation(s) organized and existing under the law of hereinafter called the "contractor", both hereinafter sometimes referred to either individually as the "Party" or collectively as the "Parties".
Penal Provisions. Provisions, for example, for the payment of additional interest in certain circumstances, may be unenforceable to the extent a court of the British Virgin Islands determines such provisions to be penal.
Penal Provisions. Any person who divulges any secret with respect to the person's duties in violation of the provisions of Article 20, paragraph (1) is subject to imprisonment for not more than 1 year or a fine of not more than 1,000,000 yen.
Penal Provisions. The List of Penalties given in the Annex shall form an integral part of these Regulations; in addition, the penal provisions contained in the various Regulations shall also apply.
Penal Provisions. The parties agree that all covenants and agreements herein contained shall be deemed essential conditions hereof and that if defect or breach be made on any such conditions, then this lease, at the discretion of the LESSOR, may be terminated and canceled either judicially or extra-judicially, without resorting to court action. When extra-judicial cancellation or termination is resorted to, it is sufficient that a fifteen (15)-day notice in writing of its intention to cancel or terminate the Contract be delivered either personally or by registered mail. This shall be without prejudice to the claims for any and all damages, actual and consequential, resulting from such default or termination. If after due notice has been given to the LESSEE of the cancellation of the lease, the latter fails to comply with the demand of the LESSOR for the return to it of the possession of the premises and the payment of the LESSEE’s accrued obligations pursuant to the provisions of this agreement, or in the event the LESSOR should exercise its right to enforce its preferred lien on the personal properties of the LESSEE existing on the leased premises, or in the event of default or breach by the LESSEE of any of the provisions herein contained, the LESSEE hereby empowers the LESSOR and/or its STANDARD GTC – CYBERGATE (OFFICE) authorized representatives to open, enter, occupy, padlock, secure, enclose, fence and/or discontinue public utilities and otherwise take full and complete physical possession and control of the leased premises without resorting to court action; to take inventory and possession of whatever equipment, furniture, articles, merchandise, appliances, etc. may be found therein belonging to the LESSEE, unauthorized subleases and/or other persons, as security for the payment of the LESSEE’s obligation under this Contract, and to place them in the LESSOR’s warehouse for safekeeping, charging to the LESSEE the corresponding storage fees therefor; and in case the LESSEE or other owners thereof fail to claim said equipment, furniture, articles, merchandise, appliances, etc. from storage and liquidate any liability to the LESSOR within a reasonable period from the date of the LESSOR’s taking possession of the leased premises or of the LESSEE’s personal properties, to dispose of said property/properties and to apply the proceeds thereof to whatever liability and/or indebtedness the LESSEE may have to the LESSOR plus reasonable expenses for the sale, including storage f...
Penal Provisions. 171. General penalty
Penal Provisions. Nine Hour Break A minimum break of at least nine continuous hours will be provided, whenever possible, between two full periods of duty. Otherwise, normal overtime rates will be paid until a nine- hour break is taken. Full periods of duty include: • periods of normal rostered work (including responses); or • periods of overtime that are continuous with a period of normal rostered work; • overtime equivalent to a period of full-time duty or call out duty (including responses). Note: if Overtime of less than a full period of duty is worked between two full periods of duty or more, a break of at least nine continuous hours must be provided either before or after the Overtime. If such a break has been provided before the Overtime it does not have to be provided afterwards as well. Time spent off duty during actual hours solely to obtain a minimum nine-hour break will be paid at ordinary time rates. Any absence after the ninth continuous hour of such a break, if it occurs in ordinary time, will be treated as a normal absence from duty. If a break of at least nine continuous hours cannot be provided between periods of qualifying duty, the duty will be regarded as continuous until a break of at least nine continuous hours is taken. The duty will be paid at overtime rates, with proper regard to the time at which it occurs and the amount of overtime that precedes it. Where a callout commences before normal start time, that callout may be regarded as being continuous with normal hours of work provided that a nine-hour break has occurred immediately before the commencement of the callout. The requirement to provide a break wherever possible applies whether or not any additional penalty payment will apply under the provisions of this clause. The penalty payment provisions of this clause will not apply if the result would be to give an employee a lesser payment than they would otherwise have received.
4.8 Meals and Rest Breaks MPI will provide employees with a reasonable opportunity, during the employee's work period, for rest, refreshment, and attention to personal matters. The breaks are all uninterrupted. NB: For the purpose of this clause/table alone "work period" includes all paid and unpaid breaks as specified above.
