Common use of Operating Reports Clause in Contracts

Operating Reports. During the period commencing from the date of Project Completion and ending on the Final Termination Date, the Borrower shall (or shall procure that KKM shall) deliver no later than the one month after the end of each successive six months falling during such period to the Facility Agent copies (in sufficient copies for itself and each of the Independent Engineer and each Lender) of an operating report signed by an Authorised Signatory of the Borrower and covering that six month period in form and substance reasonably satisfactory to the Facility Agent and which shall contain, inter alia, the following information: (i) a summary of operations for the six month period to which such operating report relates; (ii) except as previously disclosed in writing to the Facility Agent, details of any material claims, disputes or other proceedings with which any of the Obligors was involved during the six month period to which such operating report relates (including any material post- completion claims against contractors provided that if any such material claim, dispute or other proceedings is or are of an on-going nature, the Borrower shall, in each operating report, include an update on the status of such claim, dispute or proceedings; (iii) a comparison between actual results for the six month period to which such operating report relates and the projected results in the Cash Flow Forecast for such period and, if there is any significant difference between the actual results and the Cash Flow Forecast results, an explanation therefor; (iv) details of the actual level of production from the Project Facilities and details of all Gross Revenues generated during the six month period to which such operating report relates including details of the total quantity and value of Hydrocarbons lifted and sold during such period; (v) details of any overhaul or other material maintenance of the Project Facilities conducted during the six month period to which such operating report relates, or planned for the next succeeding six month period including details of any significant matters having occurred, or anticipated (as the case may be) in relation to the operation and/or maintenance of the Project Facilities during such six month period; (vi) any material defects or material malfunctions of the Project Facilities during the six month period to which such operating report relates which are likely to have a material adverse effect together with summary details of the action being taken to remedy those material defects or malfunctions; and (vii) such other information concerning the operation and/or maintenance of the Project Facilities, including any actual or potential contravention of Environmental Laws or the environmental and ecological standards prescribed under the terms of the Political Risk Policy as the Facility Agent (acting on the advice of the Independent Engineer) may reasonably require.

Operating Reports. During (a) The Operator must provide the period commencing from Commonwealth a report, in the date of Project Completion and ending on form prescribed by the Final Termination DateCommonwealth, setting out the Borrower shall following for the relevant periods: (or shall procure that KKM shalli) deliver no later than the one month within 20 Business Days after the end of each successive six months falling Operating Year: (A) a summary of all Deemed Availability Periods that occurred during that Operating Year; (B) the Equivalent Availability Factor for the Project for that Operating Year; (C) a summary of the timing and duration of any planned or unplanned maintenance or outages and any instances of reduced export, import or storage capacity of the Facility (including because of Input Resource availability and maintenance of the Facility) during that Operating Year together with reasonable supporting details of those matters; and (D) for each unplanned maintenance event and/or outage and instance of reduced export, import or storage capacity of the Facility during that Operating Year, a summary of the cause and actions or proposed actions to be undertaken by or on behalf of the Operator to remedy and to prevent such period unplanned maintenance events and/or outages together with reasonable supporting details of the cause, actions and proposed actions; (E) a list of the Key Subcontractors which have been engaged to the Facility Agent copies (in sufficient copies for itself and each date of the Independent Engineer and each Lender) of an operating report signed by an Authorised Signatory related to the Operations Period, a high level description of the Borrower works and/or services for which they have been engaged and covering the period over which those works and/or services will be performed; and (ii) within 20 Business Days after the end of each Support Year: (A) the Availability Rebate Percentage for that six month period Support Year; and (B) the Availability Rebate (if any) payable in form and substance reasonably satisfactory respect of that Support Year. (b) The Operator must provide to the Facility Agent and which shall containCommonwealth a report, inter aliain the form prescribed by the Commonwealth, setting out the following informationfor the relevant periods: (i) a summary within 20 Business Days after the end of operations each Operations Year, the results of the Storage Capacity test identified in section 5.4 of Schedule 4 for the six month period to which such operating report relatesthat Operations Year; (ii) except as previously disclosed within 20 Business Days after the end of each Support Year: (A) the Storage Capacity Rebate Percentage for that Support Year; and (B) the Storage Capacity Rebate (if any) payable in writing to respect of for that Support Year, (each an Annual Storage Capacity Report). (c) Within 20 Business Days after the Facility Agent, details of any material claims, disputes or other proceedings with which any end of the Obligors relevant year identified below, the Operator must provide the Commonwealth a report, in the form prescribed by the Commonwealth, setting out: (i) the Project’s response to each Actual LOR3 Event in each Operations Year including its Bids for those events and the extent to which it was involved dispatched by AEMO during that Actual LOR3 Event and whether or not that that Actual LOR3 Event was also a Performance Event; (ii) any periods the Project did not meet requirement to Bid at least 50% of the Contracted Capacity for a Trading Interval during the six month period to relevant LOR Period which such operating report relates (including any material post- completion claims against contractors provided that if any such material claim, dispute or other proceedings is or are of an onoccurs during the relevant Support Year and reasons for the non-going nature, the Borrower shall, in each operating report, include an update on the status of such claim, dispute or proceedingsperformance; (iii) any periods the Project did not meet requirement to use reasonable endeavours to Bid at least the Contracted Capacity for each Trading Interval during the Actual LOR3 Event which occurs during an Operations Year which is not also a comparison between actual results Support Year and reasons for the six month period to which such operating report relates and the projected results in the Cash Flow Forecast for such period and, if there is any significant difference between the actual results and the Cash Flow Forecast results, an explanation therefornon-performance; (iv) details of the actual level of production from the Project Facilities and details of all Gross Revenues generated during the six month period to which such operating report relates including details of the total quantity and value of Hydrocarbons lifted and sold during such period;Performance Event Rebate Percentage for each Support Year; and (v) details the Performance Event Rebate (if any) payable for each Support Year. (d) Within 20 Business Days after the end of any overhaul or other material maintenance of the Project Facilities conducted each Quarter during the six month period to which such operating report relatesOperations Period, or planned the Operator must provide the Commonwealth a report, in the form prescribed by the Commonwealth, setting out: (i) the progress in obtaining Authorisations required for the next succeeding six month period including details of any significant matters having occurred, or anticipated (as the case may be) in relation to the operation and/or maintenance of the Project; (ii) any proposed changes to the scope of the Project; (iii) any material occupational health and safety incidents; (iv) complaints received or legal proceedings in relation to the Project; (v) any matter which constitutes a material breach, or could constitute a material breach, of the Operator’s obligations under any Project Facilities during such six month period;Document; and (vi) any material defects other matter reasonably requested in writing by the Commonwealth, which may include information that is reasonably necessary for the Commonwealth to discharge its rights and obligations under this Agreement or material malfunctions at Law in respect of the Project Facilities Project. (e) The Operator must notify the Commonwealth during the six month period Operations Period: (i) within 2 Business Days, after the occurrence of a death or serious injury related to which such operating report relates which are likely to have a material adverse effect together with summary details the Project; (ii) within 5 Business Days, after the Operator becoming aware of any breach of the action being taken to remedy those Operator’s material defects or malfunctionsobligations under this Agreement; and (viiiii) such other information concerning within 10 Business Days, after the operation and/or maintenance occurrence of a dangerous incident or a complaint made in relation to contamination, Environmental harm or breach of any Law related to the Project Facilities, including any actual or potential contravention of Environmental Laws or the environmental and ecological standards prescribed under the terms of the Political Risk Policy as the Facility Agent (acting on the advice of the Independent Engineer) may reasonably requireEnvironmental.

Operating Reports. During Deliver to the period commencing from the date of Project Completion and ending on the Final Termination DateAdministrative Agent, the Borrower shall (or shall procure that KKM shall) deliver as soon as available, but in any event no later than the one month twenty (20) days after the end of each successive six months falling during such period calendar month occurring after the Economic Completion Date, in form and substance similar to the Facility Agent copies corresponding items delivered under the Senior Credit Agreement (in sufficient copies for itself and each of or, following the Independent Engineer and each Lender) of an operating report signed by an Authorised Signatory of the Borrower and covering that six month period Discharge Date, in form and substance reasonably satisfactory to the Facility Agent and which shall containAdministrative Agent), inter alia, the following information: (i) a summary of operations for each such calendar month and a summary of the six month period calendar year‑to‑date operations, in each case including comparisons to which the Development Plan and any then‑applicable Annual Budget and Operating Plan, as appropriate, including information in reasonable detail concerning: (i) Mine production during such operating report relates; month, (ii) except as previously disclosed Hedge Agreements in writing effect during such month and any deliveries or payments made thereunder, (iii) any adjustments made to any pricing formula or component thereof in any Hedge Agreement during such month, (iv) the Facility AgentBorrower’s inventory of Refined Gold and other Saleable Product at the end of such month, details of (v) Project Revenues generated during such month, (vi) Operating Costs during such month, (vii) any Capital Expenditures during such month, (viii) the Borrower’s most recent cash planning forecast by month covering at least the next six (6) months, (ix) any material claimsdevelopments during such month in Mine operations which have had or could reasonably be expected to have, disputes either individually or other proceedings in the aggregate, a Material Adverse Effect, (x) a description of compliance and noncompliance with which Project Approvals and Agreement Approvals, (xi) without duplication of any of the Obligors was involved during the six month period to which such operating report relates (including any material post- completion claims against contractors provided that if any such material claimforegoing, dispute or other proceedings is or are a description of an on-going nature, the Borrower shall, in each operating report, include an update on the status of such claim, dispute or proceedings; (iii) a comparison between actual results for the six month period to which such operating report relates and the projected results in the Cash Flow Forecast for such period and, if there is any significant difference between the actual results and the Cash Flow Forecast results, an explanation therefor; (iv) details of the actual level of production from the Project Facilities and details of all Gross Revenues generated during the six month period to which such operating report relates including details of the total quantity and value of Hydrocarbons lifted and sold during such period; (v) details of any overhaul or other material maintenance of the Project Facilities conducted during the six month period to which such operating report relates, or planned for the next succeeding six month period including details of any significant matters having occurred, or anticipated (as the case may be) in relation to the operation and/or maintenance of the Project Facilities during such six month period; (vi) any material defects or material malfunctions at the Mine and factors affecting actual or expected Operating Costs and Project Revenues, (xii) any material deviation in the production of Saleable Product from projections for such month contained in the Financial Model, (xiii) estimates of Operating Costs and Capital Expenditures for the remainder of the Fiscal Year and an explanation of any material variation from the Operating Costs and Capital Expenditures contained in the Annual Budget and Operating Plan and (xiv) the managerial (including staffing, safety and environmental) performance of the Project Facilities during the six month period to which such operating report relates which are likely to have a material adverse effect together with summary details of the action being taken to remedy those material defects or malfunctions; and (vii) such other information concerning the operation and/or maintenance of the Project Facilities, including any actual or potential contravention of Environmental Laws or the environmental and ecological standards prescribed under the terms of the Political Risk Policy as the Facility Agent (acting on the advice of the Independent Engineer) may reasonably requiremonth.

Operating Reports. During the period commencing (a) On and from the date of Project Completion and ending on the Final Termination Commercial Operations Date, the Borrower shall (or shall procure that KKM shall) deliver no later than the one month within 20 Business Days after the end of each successive six months falling during such period Operations Year, Project Operator must provide to the Facility Agent copies (Commonwealth a report, in sufficient copies for itself and each of the Independent Engineer and each Lender) of an operating report signed form prescribed by an Authorised Signatory of the Borrower and covering that six month period in form and substance reasonably satisfactory to the Facility Agent and which shall containCommonwealth, inter alia, the following informationsetting out: (i) a summary The number of operations for Green Products and Capacity Products (if any) that were created, or were referable to capacity available from the six month period to which such operating report relatesProject, during that Operations Year; (ii) except as previously disclosed in writing to the Facility Agent, details a summary of any material claims, disputes or other proceedings with which any of the Obligors was involved all Deemed Availability Periods that occurred during the six month period to which such operating report relates (including any material post- completion claims against contractors provided that if any such material claim, dispute or other proceedings is or are of an on-going nature, the Borrower shall, in each operating report, include an update on the status of such claim, dispute or proceedingsOperations Year; (iii) a comparison between actual results the Equivalent Availability Factor for the six month period to which such operating report relates and the projected results in the Cash Flow Forecast Project for such period and, if there is any significant difference between the actual results and the Cash Flow Forecast results, an explanation thereforthat Operations Year; (iv) a summary of the timing and duration of any planned and unplanned maintenance or outages, and any instances of reduced export, import or storage capacity, of the Project (including because of Input Resource availability and maintenance of the Project) during that Operations Year together with reasonable supporting details of the actual level of production from the Project Facilities and details of all Gross Revenues generated during the six month period to which such operating report relates including details of the total quantity and value of Hydrocarbons lifted and sold during such periodthose matters; (v) details for each unplanned maintenance event and/or outage, and instance of any overhaul reduced export, import or other material maintenance storage capacity, of the Project Facilities conducted during that Operations Year, a summary of the six month period to which such operating report relatescause and actions undertaken, or planned for the next succeeding six month period including proposed actions to be undertaken, by or on behalf of Project Operator to remedy and to prevent such unplanned maintenance events and/or outages together with reasonable supporting details of any significant matters having occurredthe cause, or anticipated (as the case may be) in relation to the operation and/or maintenance of the Project Facilities during such six month periodactions and proposed actions; (vi) any material defects or material malfunctions of the Project Facilities during the six month period to which such operating report relates which are likely to have a material adverse effect together with summary details of the action being taken to remedy those material defects or malfunctionsAvailability Rebate Percentage for that Operations Year; and (vii) such other information concerning the operation and/or maintenance Availability Rebate (if any) payable in respect of that Operations Year. (b) Project Operator must provide to the Commonwealth a report, in the form prescribed by the Commonwealth, setting out the following for the relevant periods: (i) within twenty (20) Business Days after the end of each Operations Year, the results of the Project Facilities, including any actual or potential contravention Storage Capacity[ and EP Storage Capacity] test[s] identified in section 5.4 of Environmental Laws or Schedule 1 (“Support terms") for that Operations Year; (ii) within twenty (20) Business Days after the environmental and ecological standards prescribed under end of each Support Year: (A) the terms Storage Capacity Rebate Percentage [in respect of the Political Risk Policy as Project] for that Support Year; and (B) the Facility Agent Storage Capacity Rebate (acting on if any) payable in respect of [the advice of the Independent Engineer) may reasonably requireProject for] that Support Year, (each an “Annual Storage Capacity Report”). [Note: words in square brackets to be included for all Staged Projects.] [Note: see agreement cover note regarding Non-Storage Projects.]