Common use of Relinquishment Clause in Contracts

Relinquishment. 9.1. If prior to the end of the First Phase of the Exploration Period an application is made by the Contractor for renewal of the Petroleum Exploration Licence under the Act, the Contractor shall then relinquish at the end of the First Phase an area equal to at least fifty percent (50%) of the Contract Area prior to entering the Second Phase. 9.2. If the Contractor wishes to renew the Petroleum Exploration Licence and enter the Third Phase of the Exploration Period, it must relinquish an area equal to at least fifty per cent (50%) of the contract area remaining at the end of the Second Phase of Exploration Period. 9.3. If the Contractor wishes to renew the Petroleum Exploration Licence and enter into the Fourth Phase of the Exploration Period, it must relinquish an area equal to at least fifty per cent (50%) of the contract area remaining at the end of the Third Phase of Exploration Period. 9.4. The areas to be relinquished pursuant to Article 9.1 through 9.3 shall: (a) comprise of contiguous Blocks; (b) exclude any Discovery Area under an approved Appraisal Programme pursuant to Article 14; (c) exclude any Retention Area; (d) exclude any Development and Production Area; (e) exclude any areas then pending approval by the Minister under Articles 8.2, 14.1 and 16.1; (f) be selected by the Contractor so that: i. the area relinquished shall comprise not more than two (2) discrete areas; ii. the Blocks to be retained for and during the renewal periods shall constitute not more than one (1) discrete area unless otherwise agreed to by the Minister. 9.5. The application submitted by the Contractor pursuant to Article 9.2, shall include a map and a description indicating the precise extent of the area and Petroleum Reservoir(s) to be relinquished and the area and Petroleum Reservoir(s) to be retained and their geographical coordinates. 9.6. In the event that an area or areas cannot be identified for relinquishment in accordance with this Article without including in such area or areas in whole or in part a subsisting Discovery Area, area under an Appraisal Programme, or Development and Production Area, or the Minister is of the opinion that the area(s) to be relinquished will not enable licensing separately or jointly with contiguous unlicensed areas, then the Minister and the Contractor shall consult together with a view to agreeing on the area(s) to be relinquished in the light of the circumstances then prevailing and the Contractor’s obligation to comply with the relinquishment terms of this Article 9. If after sixty (60) Business Days from receiving notice of the Contractor's proposed relinquishments the Parties cannot agree on a proposed relinquishment, the Parties may submit the matter to a sole expert pursuant to Article 46. 9.7. If the Contractor fails to identify the polygons of the area to be relinquished with its application for renewal of the Petroleum Exploration Licence pursuant to the terms of the Act and Articles 9.3, and 9.4 of the Agreement, the Minister shall define the area to be relinquished and notify the Contractor within sixty (60) Business Days of receipt of the application for renewal of the Petroleum Exploration Licence. 9.8. If a Petroleum Exploration Licence ceases to have effect with respect to Discovery Blocks pursuant to Article 12.3(b), such reduction in size of the Contract Area shall be treated as an advance relinquishment under this Article and shall reduce the area next required to be relinquished accordingly. 9.9. Without prejudice to the obligations undertaken in Article 11, the Contractor may at any time during the validity of the Petroleum Exploration Licence, on giving the Minister no less than three (3) months’ notice, relinquish any Block or Blocks in the Contract Area pursuant to the Act. Any such relinquishment shall count towards any subsequent mandatory relinquishments required under Articles 9.1 and 9.2 above as the case may be. 9.10. At the end of the Fourth Phase of the Exploration Period the Contractor must relinquish all Contract Areas except for any: (a) Development and Production Areas; (b) Discovery Areas under an approved Appraisal Programme pursuant to Article 14; (c) Retention Areas held pursuant to an authorization under Article 8. 9.11. No relinquishment shall relieve the Contractor of any accrued, but unfulfilled obligations under this Agreement. 9.12. Upon relinquishment, withdrawal, surrender or cancelation of any portion of the Contract Area, within one year of the effective date of the relinquishment, surrender or cancelation, or such time as mutually agreed by the Parties, the Contractor shall perform all necessary abandonment and site restoration activities in accordance with the Act, Regulations, Article 40 and Best International Industry Standards and Practices to restore such area as nearly as possible to the condition in which it existed on the Effective Date, including removal of such facilities, equipment or installations as the Minister may instruct, and shall take action necessary to prevent hazards to human life, property and the environment which may be caused by its facilities, equipment or installations. 9.13. All improvements and property of the Contractor not removed within the timeframe specified under Article 9.12 shall become property of the Government. Failure to meet the obligations of Article 9.12 and Article 40 shall not relieve the Contractor of liability for the cost of the removal of installations and equipment or for the restoration of the site. Furthermore, the Contractor is responsible for accidents or damages which might occur as a result of failure to timely remove equipment and restore the site.

Appears in 1 contract

Samples: Production Sharing Agreement

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Relinquishment. 9.1. If prior to the end of the First Phase of the Exploration Period an application is made by the Contractor for renewal of the Petroleum Exploration Prospecting Licence under the Act, the Contractor shall then relinquish at the end of the First Phase an area equal to at least fifty percent (50%) of the Contract Area prior to entering the Second PhaseArea. 9.2. If the Contractor wishes to renew Xxxxx the Petroleum Exploration Prospecting Licence and enter into the Third Phase of the Exploration Period, Period it must relinquish an area equal to at least fifty per cent (50%) of the contract area remaining at the end of the Second Phase of Exploration Period. 9.3. If the Contractor wishes to renew the Petroleum Exploration Licence and enter into the Fourth Phase of the Exploration Period, it must relinquish an area equal to at least fifty per cent (50%) of the contract area remaining at the end of the Third Phase of Exploration Period. 9.4. The areas to be relinquished pursuant to Article 9.1 through 9.3 shalland 9.2 shall be contiguous and: (a) comprise of contiguous Blocks, as defined in the Act; (b) exclude any Discovery Area under an approved Appraisal Programme pursuant to Article 14; (c) exclude any Retention Area; (d) exclude any Development and Production Area; (e) exclude any areas then pending approval by the Minister under Articles 8.2, 14.1 and 16.1Minister; (f) exclude any area that is the subject of a dispute and said dispute is being resolved pursuant to Article 47; (g) be selected by the Contractor so that: i. the area relinquished shall comprise not more than two (2) discrete areas; ii. the Blocks to be retained for and during the renewal periods shall constitute not more than one (1) discrete area unless otherwise agreed to by the Minister. 9.59.4. The application submitted by the Contractor pursuant to Article 9.2, shall include a map and a description indicating the precise extent of the area and Petroleum Reservoir(sreservoir(s) to be relinquished and the area and Petroleum Reservoir(sreservoir(s) to be retained and their geographical coordinates. 9.69.5. In the event that an area or areas cannot be identified for relinquishment in accordance with this Article without including in such area or areas in whole or in part a subsisting Discovery Area, area under an Appraisal Programme, or Development and Production Area, or the Minister is of the opinion that the area(s) to be relinquished will not enable licensing separately or jointly with contiguous unlicensed areas, then the Minister and the Contractor shall consult together with a view to agreeing on the area(s) to be relinquished in the light of the circumstances then prevailing and the Contractor’s obligation to comply with the relinquishment terms of this Article 9prevailing. If after sixty (60) Business Days days from receiving notice of the Contractor's proposed relinquishments the Parties cannot agree on a proposed relinquishment, the Parties may submit the matter to a sole expert pursuant to Article 4647. 9.79.6. If the Contractor fails to identify the polygons of the area to be relinquished with its application for renewal of the Petroleum Exploration Prospecting Licence pursuant to the terms of the Act and Articles 9.3, and 9.4 of the Agreement, the Minister shall define the area to be relinquished and notify the Contractor within sixty (60) Business Days days of receipt of the application for renewal of the Petroleum Exploration Prospecting Licence. 9.89.7. If a Petroleum Exploration Prospecting Licence ceases to have effect with respect to Discovery Blocks pursuant to Article 12.3(b)Blocks, such reduction in size of the Contract Area shall be treated as an advance relinquishment under this Article and shall reduce the area next required to be relinquished accordingly. 9.99.8. Without prejudice to the obligations undertaken in Article 11, the Contractor may at any time during the validity of the Petroleum Exploration Prospecting Licence, on giving the Minister no less than three (3) months’ months notice, relinquish any Block or Blocks in the Contract Area pursuant to the ActAct . Any such relinquishment shall count towards any subsequent mandatory relinquishments required under Articles 9.1 and 9.2 above as the case may be. 9.109.9. At the end of the Fourth Phase of the Exploration Period the Contractor must relinquish all Contract Areas except for any: (a) Development and Production Areas; (b) Discovery Areas under an approved Appraisal Programme pursuant to Article 14; (c) Retention Areas held pursuant to an authorization under Article 8. 9.119.10. No relinquishment shall relieve the Contractor of any accrued, but unfulfilled obligations under this Agreement. 9.129.11. Upon relinquishment, withdrawal, surrender or cancelation of any portion of the Contract Area, within one year of the effective date of the relinquishment, surrender or cancelation, or such time as mutually agreed by the Parties, the Contractor shall perform all necessary abandonment and site restoration activities in accordance with the Act, Regulations, Article 40 41 and Best International Industry Standards and Practices to restore such area as nearly as possible to the condition in which it existed on the Effective Date, including removal of such facilities, equipment or installations as the Minister may instruct, and shall take action necessary to prevent hazards to human life, property and the environment which may be caused by its facilities, equipment or installations. 9.139.12. All improvements and property of the Contractor not removed within the timeframe specified under Article 9.12 9.11 shall become property of the Government. Failure to meet the obligations of Article 9.12 9.11 and Article 40 41 shall not relieve the Contractor of liability for the cost of the removal of installations and equipment or for the restoration of the site. Furthermore, the Contractor is responsible for accidents or damages which might occur as a result of failure to timely remove equipment and restore the site.

Appears in 1 contract

Samples: Production Sharing Agreement

Relinquishment. 9.1. If prior to the end of the First Phase of the Exploration Period an application is made by the Contractor for renewal of the Petroleum Exploration Licence under the Act, the Contractor shall then relinquish at the end of the First Phase an area equal to at least fifty percent (50%) of the Contract Area prior to entering the Second Phase. 9.2. If the Contractor wishes to renew the Petroleum Exploration Licence and enter the Third Phase of the Exploration Period, it must relinquish an area equal to at least fifty per cent (50%) of the contract area remaining at the end of the Second Phase of Exploration Period. 9.3. If the Contractor wishes to renew the Petroleum Exploration Licence and enter into the Fourth Phase of the Exploration Period, it must relinquish an area equal to at least fifty per cent (50%) of the contract area remaining at the end of the Third Phase of Exploration Period. 9.4. The areas to be relinquished pursuant to Article 9.1 through 9.3 shall: (a) comprise of contiguous Blocks; (b) exclude any Discovery Area under an approved Appraisal Programme pursuant to Article 14; (c) exclude any Retention Area; (d) exclude any Development and Production Area; (e) exclude any areas then pending approval by the Minister under Articles 8.2, 14.1 and 16.1; (f) be selected by the Contractor so that: i. the area relinquished shall comprise not more than two (2) discrete areas; ii. the Blocks to be retained for and during the renewal periods period shall constitute not more than one (1) discrete area unless otherwise agreed to by the Minister. 9.59.3. The application submitted by the Contractor pursuant to Article 9.29.1, shall include a map and a description indicating the precise extent of the area and Petroleum Reservoir(s) to be relinquished and the area and Petroleum Reservoir(s) to be retained and their geographical coordinates. 9.69.4. In the event that an area or areas cannot be identified for relinquishment in accordance with this Article without including in such area or areas in whole or in part a subsisting Discovery Area, area under an Appraisal Programme, or Development and Production Area, or the Minister is of the opinion that the area(s) to be relinquished will not enable licensing separately or jointly with contiguous unlicensed areas, then the Minister and the Contractor shall consult together with a view to agreeing on the area(s) to be relinquished in the light of the circumstances then prevailing and the Contractor’s obligation to comply with the relinquishment terms of this Article 9. If after sixty (60) Business Days from receiving notice of the Contractor's proposed relinquishments the Parties cannot agree on a proposed relinquishment, the Parties may submit the matter to a sole expert pursuant to Article 46. 9.79.5. If the Contractor fails to identify the polygons of the area to be relinquished with its application for renewal of the Petroleum Exploration Licence pursuant to the terms of the Act and Articles 9.39.2, and 9.4 9.3 of the Agreement, the Minister shall define the area to be relinquished and notify the Contractor within sixty (60) Business Days of receipt of the application for renewal of the Petroleum Exploration Licence. 9.89.6. If a Petroleum Exploration Licence ceases to have effect with respect to Discovery Blocks pursuant to Article 12.3(b), such reduction in size of the Contract Area shall be treated as an advance relinquishment under this Article and shall reduce the area next required to be relinquished accordingly. 9.99.7. Without prejudice to the obligations undertaken in Article 11, the Contractor may at any time during the validity of the Petroleum Exploration Licence, on giving the Minister no less than three (3) months’ notice, relinquish any Block or Blocks in the Contract Area pursuant to the Act. Any such relinquishment shall count towards any subsequent mandatory relinquishments required under Articles 9.1 and 9.2 above as the case may beArticle 9.1. 9.109.8. At the end of the Fourth Second Phase of the Exploration Period the Contractor must relinquish all Contract Areas except for any: (a) Development and Production Areas; (b) Discovery Areas under an approved Appraisal Programme pursuant to Article 14; (c) Retention Areas held pursuant to an authorization under Article 8. 9.119.9. No relinquishment shall relieve the Contractor of any accrued, but unfulfilled obligations under this Agreement. 9.129.10. Upon relinquishment, withdrawal, surrender or cancelation of any portion of the Contract Area, within one year of the effective date of the relinquishment, surrender or cancelation, or such time as mutually agreed by the Parties, the Contractor shall perform all necessary abandonment and site restoration activities in accordance with the Act, Regulations, Article 40 and Best International Industry Standards and Practices to restore such area as nearly as possible to the condition in which it existed on the Effective Date, including removal of such facilities, equipment or installations as the Minister may instruct, and shall take action necessary to prevent hazards to human life, property and the environment which may be caused by its facilities, equipment or installations. 9.139.11. All improvements and property of the Contractor not removed within the timeframe specified under Article 9.12 9.10 shall become property of the Government. Failure to meet the obligations of Article 9.12 9.10 and Article 40 shall not relieve the Contractor of liability for the cost of the removal of installations and equipment or for the restoration of the site. Furthermore, the Contractor is responsible for accidents or damages which might occur as a result of failure to timely remove equipment and restore the site.

Appears in 1 contract

Samples: Production Sharing Agreement

Relinquishment. 9.1. If prior to the end of the First Phase of the Exploration Period an application is made by the Contractor for renewal of the Petroleum Exploration Prospecting Licence under the Act, the Contractor shall then relinquish at the end of the First Phase an area equal to at least fifty percent (50%) of the Contract Area prior to entering the Second PhaseArea. 9.2. If the Contractor wishes to renew the Petroleum Exploration Licence and enter the Third Phase of the Exploration Period, it must relinquish an area equal to at least fifty per cent (50%) of the contract area remaining at the end of the Second Phase of Exploration Period. 9.3. If the Contractor wishes to renew the Petroleum Exploration Licence and enter into the Fourth Phase of the Exploration Period, it must relinquish an area equal to at least fifty per cent (50%) of the contract area remaining at the end of the Third Phase of Exploration Period. 9.4. The areas to be relinquished pursuant to Article 9.1 through 9.3 shallshall be contiguous and: (a) comprise of contiguous Blocks, as defined in the Act; (b) exclude any Discovery Area under an approved Appraisal Programme pursuant to Article 14; (c) exclude any Retention Area; (d) exclude any Development and Production Area; (e) exclude any areas then pending approval by the Minister under Articles 8.2, 14.1 and 16.1Minister; (f) exclude any area that is the subject of a dispute and said dispute is being resolved pursuant to Article 47; (g) be selected by the Contractor so that: i. the area relinquished shall comprise not more than two (2) discrete areas; ii. the Blocks to be retained for and during the renewal periods shall constitute not more than one (1) discrete area unless otherwise agreed to by the Minister. 9.59.3. The application submitted by the Contractor pursuant to Article 9.29.1, shall include a map and a description indicating the precise extent of the area and Petroleum Reservoir(sreservoir(s) to be relinquished and the area and Petroleum Reservoir(sreservoir(s) to be retained and their geographical coordinates. 9.69.4. In the event that an area or areas cannot be identified for relinquishment in accordance with this Article without including in such area or areas in whole or in part a subsisting Discovery Area, area under an Appraisal Programme, or Development and Production Area, or the Minister is of the opinion that the area(s) to be relinquished will not enable licensing separately or jointly with contiguous unlicensed areas, then the Minister and the Contractor shall consult together with a view to agreeing on the area(s) to be relinquished in the light of the circumstances then prevailing and the Contractor’s obligation to comply with the relinquishment terms of this Article 9prevailing. If after sixty (60) Business Days days from receiving notice of the Contractor's proposed relinquishments the Parties cannot agree on a proposed relinquishment, the Parties may submit the matter to a sole expert pursuant to Article 4647. 9.79.5. If the Contractor fails to identify the polygons of the area to be relinquished with its application for renewal of the Petroleum Exploration Prospecting Licence pursuant to the terms of the Act and Articles 9.39.2, and 9.4 9.3 of the Agreement, the Minister shall define the area to be relinquished and notify the Contractor within sixty (60) Business Days days of receipt of the application for renewal of the Petroleum Exploration Prospecting Licence. 9.89.6. If a Petroleum Exploration Prospecting Licence ceases to have effect with respect to Discovery Blocks pursuant to Article 12.3(b)Blocks, such reduction in size of the Contract Area shall be treated as an advance relinquishment under this Article and shall reduce the area next required to be relinquished accordingly. 9.99.7. Without prejudice to the obligations undertaken in Article 11, the Contractor may at any time during the validity of the Petroleum Exploration Prospecting Licence, on giving the Minister no less than three (3) months’ months notice, relinquish any Block or Blocks in the Contract Area pursuant to the Act. Any such relinquishment shall count towards any subsequent mandatory relinquishments required under Articles 9.1 and 9.2 above as the case may beArticle 9.1. 9.109.8. At the end of the Fourth Third Phase of the Exploration Period the Contractor must relinquish all Contract Areas except for any: (a) Development and Production Areas; (b) Discovery Areas under an approved Appraisal Programme pursuant to Article 14; (c) Retention Areas held pursuant to an authorization under Article 8. 9.119.9. No relinquishment shall relieve the Contractor of any accrued, but unfulfilled obligations under this Agreement. 9.129.10. Upon relinquishment, withdrawal, surrender or cancelation of any portion of the Contract Area, within one year of the effective date of the relinquishment, surrender or cancelation, or such time as mutually agreed by the Parties, the Contractor shall perform all necessary abandonment and site restoration activities in accordance with the Act, Regulations, Article 40 41 and Best International Industry Standards and Practices to restore such area as nearly as possible to the condition in which it existed on the Effective Date, including removal of such facilities, equipment or installations as the Minister may instruct, and shall take action necessary to prevent hazards to human life, property and the environment which may be caused by its facilities, equipment or installations. 9.139.11. All improvements and property of the Contractor not removed within the timeframe specified under Article 9.12 9.11 shall become property of the Government. Failure to meet the obligations of Article 9.12 9.11 and Article 40 41 shall not relieve the Contractor of liability for the cost of the removal of installations and equipment or for the restoration of the site. Furthermore, the Contractor is responsible for accidents or damages which might occur as a result of failure to timely remove equipment and restore the site.

Appears in 1 contract

Samples: Production Sharing Agreement

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Relinquishment. 9.1. If prior to the end of the First Phase of the Exploration Period an application is made by the Contractor for renewal of the Petroleum Exploration Licence under the Act, the Contractor shall then relinquish at the end of the First Phase an area equal to at least fifty percent (50%) of the Contract Area prior to entering the Second Phase. 9.2. If the Contractor wishes to renew the Petroleum Exploration Licence and enter the Third Phase of the Exploration Period, it must relinquish an area equal to at least fifty per cent (50%) of the contract area remaining at the end of the Second Phase of Exploration Period. 9.3. If the Contractor wishes to renew the Petroleum Exploration Licence and enter into the Fourth Phase of the Exploration Period, it must relinquish an area equal to at least fifty per cent (50%) of the contract area remaining at the end of the Third Phase of Exploration Period. 9.4. The areas to be relinquished pursuant to Article 9.1 through 9.3 shall: (a) comprise of contiguous Blocks, as defined in the Act; (b) exclude any Discovery Area under an approved Appraisal Programme pursuant to Article 14; (c) exclude any Retention Area; (d) exclude any Development and Production Area; (e) exclude any areas then pending approval by the Minister under Articles 8.2, 14.1 and 16.1; (f) exclude any area that is the subject of a dispute and said dispute is being resolved pursuant to Article 46; (g) be selected by the Contractor so that: i. the area relinquished shall comprise not more than two (2) discrete areas; ii. the Blocks to be retained for and during the renewal periods shall constitute not more than one (1) discrete area unless otherwise agreed to by the Minister. 9.5. The application submitted by the Contractor pursuant to Article 9.2, shall include a map and a description indicating the precise extent of the area and Petroleum Reservoir(s) to be relinquished and the area and Petroleum Reservoir(s) to be retained and their geographical coordinates. 9.6. In the event that an area or areas cannot be identified for relinquishment in accordance with this Article without including in such area or areas in whole or in part a subsisting Discovery Area, area under an Appraisal Programme, or Development and Production Area, or the Minister is of the opinion that the area(s) to be relinquished will not enable licensing separately or jointly with contiguous unlicensed areas, then the Minister and the Contractor shall consult together with a view to agreeing on the area(s) to be relinquished in the light of the circumstances then prevailing and the Contractor’s obligation to comply with the relinquishment terms of this Article 9prevailing. If after sixty (60) Business Days days from receiving notice of the Contractor's proposed relinquishments the Parties cannot agree on a proposed relinquishment, the Parties may submit the matter to a sole expert pursuant to Article 46. 9.7. If the Contractor fails to identify the polygons of the area to be relinquished with its application for renewal of the Petroleum Exploration Licence pursuant to the terms of the Act and Articles 9.3, and 9.4 of the Agreement, the Minister shall define the area to be relinquished and notify the Contractor within sixty (60) Business Days days of receipt of the application for renewal of the Petroleum Exploration Licence. 9.8. If a Petroleum Exploration Licence ceases to have effect with respect to Discovery Blocks pursuant to Article 12.3(b), such reduction in size of the Contract Area shall be treated as an advance relinquishment under this Article and shall reduce the area next required to be relinquished accordingly. 9.9. Without prejudice to the obligations undertaken in Article 11, the Contractor may at any time during the validity of the Petroleum Exploration Licence, on giving the Minister no less than three (3) months’ notice, relinquish any Block or Blocks in the Contract Area pursuant to the Act. Any such relinquishment shall count towards any subsequent mandatory relinquishments required under Articles 9.1 and 9.2 above as the case may be. 9.10. At the end of the Fourth Phase of the Exploration Period the Contractor must relinquish all Contract Areas except for any: (a) Development and Production Areas; (b) Discovery Areas under an approved Appraisal Programme pursuant to Article 14; (c) Retention Areas held pursuant to an authorization under Article 8. 9.11. No relinquishment shall relieve the Contractor of any accrued, but unfulfilled obligations under this Agreement. 9.12. Upon relinquishment, withdrawal, surrender or cancelation of any portion of the Contract Area, within one year of the effective date of the relinquishment, surrender or cancelation, or such time as mutually agreed by the Parties, the Contractor shall perform all necessary abandonment and site restoration activities in accordance with the Act, Regulations, Article 40 and Best International Industry Standards and Practices to restore such area as nearly as possible to the condition in which it existed on the Effective Date, including removal of such facilities, equipment or installations as the Minister may instruct, and shall take action necessary to prevent hazards to human life, property and the environment which may be caused by its facilities, equipment or installations. 9.13. All improvements and property of the Contractor not removed within the timeframe specified under Article 9.12 shall become property of the Government. Failure to meet the obligations of Article 9.12 and Article 40 shall not relieve the Contractor of liability for the cost of the removal of installations and equipment or for the restoration of the site. Furthermore, the Contractor is responsible for accidents or damages which might occur as a result of failure to timely remove equipment and restore the site.

Appears in 1 contract

Samples: Production Sharing Agreement

Relinquishment. 9.1. If prior to the end of the First Phase of the Exploration Period an application is made by the Contractor for renewal of the Petroleum Exploration Licence under the Act, the Contractor shall then relinquish at the end of the First Phase an area equal to at least fifty percent (50%) of the Contract Area prior to entering the Second Phase. 9.2. If the Contractor wishes to renew the Petroleum Exploration Licence and enter the Third Phase of the Exploration Period, it must relinquish an area equal to at least fifty per cent (50%) of the contract area remaining at the end of the Second Phase of Exploration Period. 9.3. If the Contractor wishes to renew the Petroleum Exploration Licence and enter into the Fourth Phase of the Exploration Period, it must relinquish an area equal to at least fifty per cent (50%) of the contract area remaining at the end of the Third Phase of Exploration Period. 9.4. The areas to be relinquished pursuant to Article 9.1 through 9.3 shall: (a) comprise of contiguous Blocks, as defined in the Act; (b) exclude any Discovery Area under an approved Appraisal Programme pursuant to Article 14; (c) exclude any Retention Area; (d) exclude any Development and Production Area; (e) exclude any areas then pending approval by the Minister under Articles 8.2, 14.1 and 16.1; (f) exclude any area that is the subject of a dispute and said dispute is being resolved pursuant to Article 46; (g) be selected by the Contractor so that: i. the area relinquished shall comprise not more than two (2) discrete areas; ii. the Blocks to be retained for and during the renewal periods period shall constitute not more than one (1) discrete area unless otherwise agreed to by the Minister. 9.59.3. The application submitted by the Contractor pursuant to Article 9.29.1, shall include a map and a description indicating the precise extent of the area and Petroleum Reservoir(s) to be relinquished and the area and Petroleum Reservoir(sreservoir(s) to be retained and their geographical coordinates. 9.69.4. In the event that an area or areas cannot be identified for relinquishment in accordance with this Article without including in such area or areas in whole or in part a subsisting Discovery Area, area under an Appraisal Programme, or Development and Production Area, or the Minister is of the opinion that the area(s) to be relinquished will not enable licensing separately or jointly with contiguous unlicensed areas, then the Minister and the Contractor shall consult together with a view to agreeing on the area(s) to be relinquished in the light of the circumstances then prevailing and the Contractor’s obligation to comply with the relinquishment terms of this Article 9prevailing. If after sixty (60) Business Days days from receiving notice of the Contractor's proposed relinquishments the Parties cannot agree on a proposed relinquishment, the Parties may submit the matter to a sole expert pursuant to Article 46. 9.79.5. If the Contractor fails to identify the polygons of the area to be relinquished with its application for renewal of the Petroleum Exploration Licence pursuant to the terms of the Act and Articles 9.39.2, and 9.4 9.3 of the Agreement, the Minister shall define the area to be relinquished and notify the Contractor within sixty (60) Business Days days of receipt of the application for renewal of the Petroleum Exploration Licence. 9.89.6. If a Petroleum Exploration Licence ceases to have effect with respect to Discovery Blocks pursuant to Article 12.3(b), such reduction in size of the Contract Area shall be treated as an advance relinquishment under this Article and shall reduce the area next required to be relinquished accordingly. 9.99.7. Without prejudice to the obligations undertaken in Article 11, the Contractor may at any time during the validity of the Petroleum Exploration Licence, on giving the Minister no less than three (3) months’ notice, relinquish any Block or Blocks in the Contract Area pursuant to the Act. Any such relinquishment shall count towards any subsequent mandatory relinquishments required under Articles 9.1 and 9.2 above as the case may beArticle 9.1. 9.109.8. At the end of the Fourth Third Phase of the Exploration Period the Contractor must relinquish all Contract Areas except for any: (a) Development and Production Areas; (b) Discovery Areas under an approved Appraisal Programme pursuant to Article 14; (c) Retention Areas held pursuant to an authorization under Article 8. 9.119.9. No relinquishment shall relieve the Contractor of any accrued, but unfulfilled obligations under this Agreement. 9.129.10. Upon relinquishment, withdrawal, surrender or cancelation of any portion of the Contract Area, within one year of the effective date of the relinquishment, surrender or cancelation, or such time as mutually agreed by the Parties, the Contractor shall perform all necessary abandonment and site restoration activities in accordance with the Act, Regulations, Article 40 and Best International Industry Standards and Practices to restore such area as nearly as possible to the condition in which it existed on the Effective Date, including removal of such facilities, equipment or installations as the Minister may instruct, and shall take action necessary to prevent hazards to human life, property and the environment which may be caused by its facilities, equipment or installations. 9.139.11. All improvements and property of the Contractor not removed within the timeframe specified under Article 9.12 9.10 shall become property of the Government. Failure to meet the obligations of Article 9.12 9.10 and Article 40 shall not relieve the Contractor of liability for the cost of the removal of installations and equipment or for the restoration of the site. Furthermore, the Contractor is responsible for accidents or damages which might occur as a result of failure to timely remove equipment and restore the site.

Appears in 1 contract

Samples: Production Sharing Agreement

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