Common use of Observations to the Development Plan by CNH Clause in Contracts

Observations to the Development Plan by CNH. Without prejudice of the entitlement of the CNH to approve the Development Plan in terms of Article 6.2, it may issue observations to any Development Plan submitted by the Contractor, when it is determined that: (i) it modifies to the measurements systems and/or Measurements Points; (ii) it modifies the programs for the efficient use of Natural Gas; (iii) that the Hydrocarbon Reserves in the Development Area would be exploited at excessive or insufficient rates; (iv) that there would be an excessive loss of pressure in the reservoir or it would not be possible to achieve the optimal separation distance between Xxxxx; (v) the proposed Development Plan is not consistent with Industry Best Practices, including industrial safety, operational safety, environmental protection and occupational health standards; (vi) that the proposed Development Plan does not include a compliance program of national content percentage, and a technology transfer program; (vii) that the Development Plan project breaches any provision of this Contract; (viii) that there would be a violation of the Applicable Laws, including industrial safety, operational safety, environmental protection and occupational health standards; (ix) the degree of operational and environmental risk assumed would be unacceptable in accordance with the Applicable Laws; (x) the Management System is not effective to manage risks within acceptable levels or it is not applicable, or (xi) there would be a violation of the Management System or an adverse impact to the environment. The Contractor must offer the operative solutions and the corresponding adjustments to the Development Plan in order to attend the observations from the CNH on the term indicated for such effect. Hearings or attendances may be held by the CNH and the Contractor in order to resolve in good faith any technical difference that may exist regarding to the observations of the Development Plan, in accordance with the Industry Best Practices and the Applicable Laws. The CNH may consult the Agency and the Ministry of Economy within the scope of its respective legal attributions.

Observations to the Development Plan by CNH. Without prejudice of the entitlement ability of the CNH to approve the Development Plan in terms of Article 6.2, it CNH may issue observations to any Development Plan submitted by the Contractor, when it is determined that: (i) it modifies to the measurements systems and/or Measurements Points; (ii) it modifies the programs for the of efficient use of Natural Gas; (iii) that the Hydrocarbon Reserves in the Development Area would be exploited at excessive or insufficient rates; (iv) that there would be an excessive loss of pressure in the reservoir Contract No. CNH-R01-L01-A2/2015 or it would not be possible to achieve the optimal separation distance between Xxxxx; (v) the proposed Development Plan is not consistent with Industry Best Practices, including environmental, industrial safety, operational safety, environmental protection safety and occupational health standards; (vi) that the proposed Development Plan does not include a compliance program of national content percentage, and a technology transfer program; (vii) that the project of Development Plan project breaches any other provision of this Contract; (viii) that there would be a violation of the Applicable Laws, including environmental, industrial safety, operational safety, environmental protection safety and occupational health standards; (ix) the degree of operational and environmental risk assumed would be unacceptable in accordance with pursuant to the Applicable Laws; (x) the Risk Management System Program is not effective to manage risks within acceptable levels or it is not applicablederived from a correct application of the Management System, or (xi) there would be a violation of the Management System or an adverse impact to on the environment. The Contractor must offer the operative solutions and the corresponding adjustments to the Development Plan in order to attend the observations from the CNH on the term indicated for such effectCNH. Hearings or attendances may be held by the CNH and the Contractor in order to resolve in good faith any technical difference that may exist regarding to the observations of the Development Plan, in accordance with the Industry Best Practices and the Applicable Laws. The CNH may consult the Agency and the Ministry of Economy within the scope of its respective legal attributions.

Observations to the Development Plan by CNH. Without prejudice of the entitlement of the CNH to approve the Development Plan in terms of Article 6.2, it CNH may issue observations to any Development Plan submitted by the Contractor, when it is determined that: (i) it modifies to the measurements systems and/or Measurements Points; (ii) it modifies the programs for the efficient use of Natural Gas; (iii) that the Hydrocarbon Reserves in the Development Area would be exploited at excessive or insufficient rates; (iv) that there would be an excessive loss of pressure in the reservoir or it would not be possible to achieve the optimal separation distance between Xxxxx; (v) the proposed Development Plan is not consistent with Industry Best Practices, including industrial safety, operational safety, environmental protection and occupational health standards; (vi) that the proposed Development Plan does not include a compliance program of national content percentage, and a technology transfer program; (vii) that the Development Plan project breaches any provision of this Contract; (viii) that there would be a violation of the Applicable Laws, including standards for industrial safety, operational safety, environmental protection and occupational health standards; (ix) the degree of operational and environmental risk assumed would be unacceptable in accordance with pursuant to the Applicable Laws; (x) the Management System is not effective to manage risks within acceptable levels or it is not applicablelevels, or (xi) there would be a violation of the Management System or an adverse impact to on the environment. The Contractor must offer the operative solutions and the corresponding adjustments to the Development Plan in order to attend the observations from the CNH on the term indicated for such effect. Hearings or attendances may be held by the CNH and the Contractor in order to resolve in good faith any technical difference that may exist regarding to the observations of the Development Plan, in accordance with the Industry Best Practices and the Applicable Laws. The CNH may consult the Agency and the Ministry of Economy within the scope of its respective legal attributions.