Termination of Principal Agreement. (1) Subject to the remainder of this clause, the Principal Agreement is hereby terminated with effect on and from the Operative Date and, except as otherwise provided in this Agreement, neither the State nor the Company shall have any claim against the other with respect to any matter or thing in or arising out of the Principal Agreement.
(2) Notwithstanding subclause (1), but subject to subclause (6), the Company shall remain liable for any antecedent breach or default under the Principal Agreement and in respect of any indemnity given under the Principal Agreement.
(3) Notwithstanding subclause (1):
(a) on and from the Operative Date the Cape Bougainville Mining Leases shall continue in force only under and, except as provided in this subclause, subject to the provisions of the Mining Act and, for the avoidance of doubt, shall cease to have the benefit of the rights and privileges conferred by the Principal Agreement;
(b) in relation to each of the Cape Bougainville Mining Leases, for the period from and including the Operative Date up to and including the earlier of:
(i) the date of expiry of the current term of that mining lease; and
(ii) the date on which the companies comprising the Company at the date of this Agreement cease to hold greater than a 30% interest in that mining lease (where such interest may be held individually by one of those companies or by both of them in the aggregate), the holder of that mining lease shall not be required:
(iii) to comply with the expenditure conditions prescribed under the Mining Act that are applicable to that mining lease; or
(iv) to lodge a Form 5 (operations report–expenditure on mining tenement) in relation to that mining lease in compliance with the requirements of the Mining Act; and
(c) in relation to each of the Cape Bougainville Mining Leases, if exploration or mining expenditure has been incurred in the relevant reporting period in relation to that mining lease, the holder of that mining lease must notwithstanding the reporting exemption contained in paragraph (b)(iv) file, or cause to be filed, as the case may be, the mineral exploration report required by section 115A of the Mining Act in relation to that mining lease at the times that would otherwise have been applicable (including whenever required under section 115A(2)(b)) if such exemption had not been granted, and on application under section 103G of the Mining Act made within 3 months after the Operative Date, the State shall cause an endorsem...
Termination of Principal Agreement. (1) Subject to this clause, the Principal Agreement is hereby terminated with effect on and from the Operative Date and, except as otherwise provided in this Agreement, neither the State nor the Joint Venturers shall have any claim against the other with respect to any matter or thing in or arising out of the Principal Agreement.
(2) Notwithstanding subclause (1) the Joint Venturers shall remain liable for any antecedent breach or default under the Principal Agreement and in respect of any indemnity given under the Principal Agreement.
(3) Notwithstanding subclause (1) the Guarantor shall remain liable in respect of any guarantee given under the Principal Agreement in relation to any antecedent breach or default by Diamond Resources (Fitzroy) Pty Ltd or Diamond Resources (Canning) Pty Ltd under the Principal Agreement.
(4) On and from the Operative Date:
(a) each Petroleum Title shall continue in force only under and, except as provided in this subclause, subject to the provisions of the Petroleum Act and, for the avoidance of doubt, each Petroleum Title shall cease to have the benefit of the rights and privileges conferred by, and be subject to the obligations or restrictions imposed by, the Principal Agreement;
(b) any modification of the Petroleum Act made by the Principal Agreement in relation to a Petroleum Title shall cease to apply and each Petroleum Title shall continue in force under and subject to the Petroleum Act for the balance of its term as extended in accordance with paragraphs (c) and (d) below;
(c) the State shall cause the Petroleum Minister to enter as soon as reasonably practicable a memorial in the register referred to in section 70 of the Petroleum Act recording that Petroleum Titles EP 371, EP428, EP431 and EP 436 shall continue in force until 30 July 2023 and the year end for each work requirement relating to these titles shall be suspended and extended for the additional period of 4 years and such extension of the term of the titles and variation of work requirements shall be effective for all purposes on and from the date of entry of the memorial in the register;
(d) the State shall cause the Petroleum Minister to enter as soon as reasonably practicable a memorial in the register referred to in section 70 of the Petroleum Act recording that Petroleum Title EP 391 shall continue in force until 31 January 2024 and the year end for each work requirement relating to this title shall be suspended and extended for the additional period...
Termination of Principal Agreement. (1) Subject to subclause (2), the Principal Agreement is hereby terminated with effect on and from the Operative Date and, except as otherwise provided in this Agreement, neither the State nor the Joint Venturers shall have any claim against the other with respect to any matter or thing in or arising out of the Principal Agreement.
(2) Notwithstanding subclause (1):
(a) the Joint Venturers shall remain liable for any antecedent breach or default under the Principal Agreement and in respect of any indemnity given under the Principal Agreement; and
(b) clause 14 of the Principal Agreement shall be deemed to subsist in its application to the Port Hedland Facilities and the Newman Facilities respectively until the earlier of:
(i) the grant of electricity generation and electricity transmission licences or integrated regional licences under the Electricity Industry Act 2004 (WA) in relation to the Port Hedland Facilities and the Newman Facilities (as the case may be); or
(ii) the date that is 12 months after the Operative Date, or such later date agreed by the Minister (but not exceeding 15 months after the Operative Date).
(3) (a) Subject to subclause (2) and on and from the Operative Date:
(i) the Joint Venturers as the holders of the PEPA Titles, the Port Hedland Facilities and the Newman Facilities shall cease to have the benefit of any rights and privileges conferred by the Principal Agreement; and
(ii) each PEPA Title shall otherwise continue in force, subject to its terms and conditions and under and subject to the provisions of the Land Administration Act, for a period not exceeding 3 months after the Operative Date (or such greater period agreed by the Minister) pending the variation of its terms and conditions as contemplated by paragraph (b).
Termination of Principal Agreement. Clause 4
Termination of Principal Agreement. 25 (1) Subject to the remainder of this clause, the Principal Agreement is 26 hereby terminated with effect on and from the Operative Date and, 27 except as otherwise provided in this Agreement, neither the State nor 28 the Company shall have any claim against the other with respect to 29 any matter or thing in or arising out of the Principal Agreement.
Termination of Principal Agreement. Any termination of the Principal Agreement or this Environmental Agreement based on the results of the BEA shall be governed exclusively by Section 12.1 of the Principal Agreement. ARTICLE THREE
Termination of Principal Agreement. (1) Subject to the remainder of this clause, the Principal Agreement is hereby terminated with effect on and from the Operative Date and, except as otherwise provided in this Agreement, neither the State nor the Company shall have any claim against the other with respect to any matter or thing in or arising out of the Principal Agreement.
(2) Notwithstanding subclause (1), but subject to subclause (6), the Company shall remain liable for any antecedent breach or default under the Principal Agreement and in respect of any indemnity given under the Principal Agreement.
(3) Notwithstanding subclause (1):
(a) on and from the Operative Date the Cape Bougainville
(b) in relation to each of the Cape Bougainville Mining
(i) the date of expiry of the current term of that mining lease; and
(ii) the date on which the companies comprising the the holder of that mining lease shall not be required:
(iii) to comply with the expenditure conditions
(iv) to lodge a Form 5 (operations report–
(c) in relation to each of the Cape Bougainville Mining
(4) Within 14 days after the Operative Date the Company shall pay to the State an amount of $760,000 to fund rehabilitation and other proposed on-ground activities of the State within the area of land comprised within the Temporary Reserve immediately before the Operative Date.
(5) Subject to subclause (6), on and from the Operative Date the Company will indemnify and keep indemnified the State and the State's employees, agents and contractors in respect of all actions, suits, claims, demands or costs of third parties arising out of or in connection with any work carried out by the Company pursuant to the Principal Agreement or relating to its operations under the Principal Agreement or arising out of or in connection with the construction, maintenance or use by the Company or its employees, agents, contractors, assignees or sublessees of the Company's works or services the subject of the Principal Agreement or the plant, apparatus or equipment installed in connection with the Principal Agreement. This indemnity shall remain in force for a period ending on the date which is 20 years after the Operative Date.
(6) The Company is not liable to indemnify the State and the State's employees, agents and contractors under subclause (5) or under the Principal Agreement (as the case may be):
(a) to the extent that the relevant action, suit, claim, demand or cost relates to activities or works carried out before the Operative Date by the Sta...
Termination of Principal Agreement. (1) Subject to subclause (2), the Principal Agreement is hereby terminated with effect on and from the Operative Date and, except as otherwise provided in this Agreement, neither the State nor the Joint Venturers shall have any claim against the other with respect to any matter or thing in or arising out of the Principal Agreement.
(2) Notwithstanding subclause (1):
(a) the Joint Venturers shall remain liable for any antecedent breach or default under the Principal Agreement and in respect of any indemnity given under the Principal Agreement; and
(b) clause 14 of the Principal Agreement shall be deemed to subsist in its application to the Port Hedland Facilities and the Xxxxxx Facilities respectively until the earlier of:
(i) the grant of electricity generation and electricity
(ii) the date that is 12 months after the Operative Date, or
(3) (a) Subject to subclause (2) and on and from the Operative Date:
(i) the Joint Venturers as the holders of the PEPA Titles,
(ii) each PEPA Title shall otherwise continue in force,
Termination of Principal Agreement. (1) Subject to this clause, the Principal Agreement is hereby terminated with effect on and from the Operative Date and, except as otherwise provided in this Agreement, neither the State nor the Joint Venturers shall have any claim against the other with respect to any matter or thing in or arising out of the Principal Agreement.
(2) Notwithstanding subclause (1) the Joint Venturers shall remain liable for any antecedent breach or default under the Principal Agreement and in respect of any indemnity given under the Principal Agreement.
Termination of Principal Agreement. Pegasys may terminate this Agreement in the event that the Principal Agreement is terminated for any reason, and shall give the Contractor as much notice as is reasonably possible under the circumstances.
