Common use of Sub-Area Clause in Contracts

Sub-Area. Development of a Potential Storage Site by less than all Parties will in respect of the area comprised therein be regarded as creating a Sub-Area, and this Agreement shall as far as possible apply independently in the manner of a separate contract to such Sub Area and apply mutatis mutandis to the interests of the Parties participating in the sole risk development subject to the provision of Section 10.1 (a) provided that (a) forfeiture upon default under Section 12.3.3 with respect to operations shall mean forfeiture of the Defaulting Party’s Percentage Interest in the entire Licence Area, subject to the following provisions: (i) The Non Defaulting Parties who are also Sole Risk Participants for any particular sole risk operation shall have the right to acquire the Defaulting Party’s Percentage Interest in the sole risk operation and relevant property and Sub-Area, subject to the provisions of Section 12.3 as applied mutatis mutandis to such sole risk operation, property or Sub-Area, and (ii) All Non Defaulting Parties shall have the right to acquire the Defaulting Party’s Percentage Interest in the remainder of the Licence area, subject to the provisions of Section 12.3; (b) the Sole Risk Participants shall have a right of access to the Sub-Area; and (c) there shall be no separate right of assignment or withdrawal and accordingly Article 10 shall not apply independently to such separate contract. Non-participating Parties shall be indemnified by participating Parties in the manner described in Section 8.4.1.

Appears in 2 contracts

Samples: Joint Operating Agreement, Joint Operating Agreement

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Sub-Area. Development of a Potential Storage Site by less than all Parties will in respect of the area comprised com- prised therein be regarded as creating a Sub-Area, and this Agreement shall as far as possible apply independently in the manner of a separate contract to such Sub Area and apply mutatis mutandis to the interests of the Parties participating in the sole risk development subject to the provision of Section 10.1 9.1 (a) provided that (a) forfeiture upon default under Section 12.3.3 11.3.3 with respect to operations shall mean forfeiture of the Defaulting Party’s Percentage Interest in the entire Licence Area, subject to the following provisions: (i) The Non Non-Defaulting Parties who are also Sole Risk Participants for any particular par- ticular sole risk operation shall have the right to acquire the Defaulting PartyPar- ty’s Percentage Interest in the sole risk operation and relevant property and Sub-Area, subject to the provisions of Section 12.3 11.3 as applied mutatis mutandis mu- tandis to such sole risk operation, property or Sub-Area, and (ii) All Non Non-Defaulting Parties shall have the right to acquire the Defaulting PartyPar- ty’s Percentage Interest in the remainder of the Licence area, subject to the provisions of Section 12.311.3; (b) the Sole Risk Participants shall have a right of access to the Sub-Area; and (c) there shall be no separate right of assignment or withdrawal and accordingly Article 10 shall not apply independently to such separate contract. Non-participating Parties shall be indemnified by participating Parties in the manner described in Section 8.4.1.

Appears in 2 contracts

Samples: Joint Operating Agreement, Joint Operating Agreement

Sub-Area. Development of a Potential Storage Site by less than all Parties will in respect of the area comprised therein be regarded as creating a Sub-Area, and this Agreement shall as far as possible apply independently in the manner of a separate contract to such Sub Area and apply mutatis mutandis to the interests of the Parties participating in the sole risk development subject to the provision of Section 10.1 10.1 (a) provided that (a) forfeiture upon default under Section 12.3.3 with respect to operations shall mean forfeiture of the Defaulting Party’s Percentage Interest in the entire Licence Area, subject to the following provisions: (i) : The Non Defaulting Parties who are also Sole Risk Participants for any particular sole risk operation shall have the right to acquire the Defaulting Party’s Percentage Interest in the sole risk operation and relevant property and Sub-Area, subject to the provisions of Section 12.3 as applied mutatis mutandis to such sole risk operation, property or Sub-Area, and (ii) and All Non Defaulting Parties shall have the right to acquire the Defaulting Party’s Percentage Interest in the remainder of the Licence area, subject to the provisions of Section 12.3; (b) ; the Sole Risk Participants shall have a right of access to the Sub-Area; and (c) and there shall be no separate right of assignment or withdrawal and accordingly Article 10 shall not apply independently to such separate contract. Non-participating Parties shall be indemnified by participating Parties in the manner described in Section 8.4.1.

Appears in 1 contract

Samples: Joint Operating Agreement

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Sub-Area. Development of a Potential Storage Site Discovery by less than all Parties will in respect of the area comprised therein be regarded as creating a Sub-Area, and this Agreement shall as far as possible apply independently in the manner of a separate contract to such Sub Area and apply mutatis mutandis to the interests of the Parties participating in the sole risk development subject to the provision of Section 10.1 9.1 (a) provided that (a) forfeiture upon default under Section 12.3.3 11.3.3 with respect to operations shall mean forfeiture of the Defaulting Party’s Percentage Interest in the entire Licence Area, subject to the following provisions: (i) The Non Non-Defaulting Parties who are also Sole Risk Participants for any particular sole risk operation shall have the right to acquire the Defaulting Party’s Percentage Interest in the sole risk operation and relevant property and Sub-Area, subject to the provisions of Section 12.3 11.3 as applied mutatis mutandis to such sole risk operation, property or Sub-Area, and (ii) All Non Non-Defaulting Parties shall have the right to acquire the Defaulting Party’s Percentage Interest in the remainder of the Licence area, subject to the provisions of Section 12.311.3; (b) the Sole Risk Participants shall have a right of access to the Sub-Area; and (c) there shall be no separate right of assignment or withdrawal and accordingly Article 10 shall not apply independently to such separate contract. Non-participating Parties shall be indemnified by participating Parties in the manner described in Section 8.4.1.

Appears in 1 contract

Samples: Joint Operating Agreement

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