| 1 |
For the purposes of this Appendix: |
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(a) |
"Drilling Unit" means
a mobile unit of any type being used for offshore drilling purposes. |
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(b) |
"Production Platform"
means a complex comprising: |
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(i) |
a fixed or floating offshore structure or facility
erected or positioned for the purpose of producing Oil from the
seabed or its subsoil other than a structure designed solely
to accommodate personnel or, when serving the purpose of such
a single structure, a series of such structures; and |
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(ii) |
the completed underwater oil well or wells within
the same oilfield served by such a structure or series of such
structures; and |
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(iii) |
the flarelines and flowlines from such completed
underwater oil well or wells; and |
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(iv) |
the intra-field pipelines (flowlines) from one
such structure to another such structure. |
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(c) |
"Oil Storage/Loading System"
means an offshore fixed or floating Oil storage facility together
with any associated offshore Oil loading facilities. |
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(d) |
"Pipeline System" means
either: |
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(i) |
a trunk line from an oil field to shore; or |
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(ii) |
a feeder line from an oil field to a trunk line;
or |
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(iii) |
a feeder line from an oil field to another feeder
line; |
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including any intra-field feeder
lines (flowlines), pumping booster stations and connecting stations
associated with (i), (ii) or (iii) above. |
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(e) |
"Oil Loading System" means
a system comprising all offshore Oil loading facilities associated
with a Production Platform which are not part of an Oil Storage/Loading
System or of a Pipeline System. |
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(f) |
"Accountable Unit" means
any of the following units to which OPOL has been made applicable
in accordance with the terms thereof: |
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(i) |
Drilling Unit; |
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(ii) |
Production Platform; |
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(iii) |
Oil Storage/Loading System; |
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(v) |
Pipeline System; and |
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(vi) |
any other unit which, although not strictly
falling within any of heads (i) to (v) above, the Directors of
the Association shall from time to time in their absolute discretion
decide to treat as if it fell within any of such heads; |
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Provided that any such Drilling
Unit, Production Platform, Oil Storage/Loading System, Oil Loading
System, or Pipeline System which is for the time being in use
in support of an operation in relation solely to the production,
treatment, storage or transport of, gas or natural gas liquids
shall not whilst being so used be capable of being an Accountable
Unit for the purposes of this Appendix. |
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(g) |
"the Relevant Incident Date"
means, in relation to any payment to be administered by the Association
in accordance with the provisions of OPOL, on or before midnight
G.M.T. on the day preceding the date of the Incident giving rise
to the Claim or Claims resulting in the Association being called
upon to administer such payment. |
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| 2 |
(a) |
The subscription payable in accordance
with Articles 5 and 6 by each Member in respect of each financial shall be calculated as hereinafter provided.
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(b) |
The Directors shall not later than
the 31st December in each year determine the total subscription
income (hereinafter referred to as "the subscription target")
which the Directors consider will be required by the Association
during the following financial year in addition (i) to the surplus funds (if any) estimated
to be available at the commencement of such following financial
year and (ii) to any investment income anticipated to be received
in such following financial year to enable the Association (A) to meet
the general expenses expected to be incurred by the Association
during such following financial year, (B) to meet any deficit which has
been incurred by the Association prior to the commencement of
such following financial year, (C) to meet any taxation payable by the
Association and (D) to make such transfers to reserves and provisions
as the Directors may think fit. |
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(c) |
A subscription shall
be payable by every Member in respect of each year ending 31st December during
any part of which it is a Member. The subscription
for each year shall be determined by the Directors and shall
be calculated by dividing (A) the subscription target for such
year by (B) the aggregate of the number of Members at 1st January of such year. |
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(d) |
Every subscription shall be payable in such instalments as the Directors may specify. |
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(e) |
Notice of the subscription due from a Member shall be served on such Member who shall thereupon become liable to pay it as required by Article 8. |
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(f) |
A Member who ceases to be a Member shall not be entitled to a refund of the whole or any partof the subscription paid by it in respect of the year in which it ceased to be a Member. |
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| 3 |
The contribution payable in accordance with Article
7 by every Member and former Member which was a Member on any
Relevant Incident Date shall be: |
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(a) |
the total actual sum required to meet the amount
to be paid to Claimants pursuant to Article 7 and Clause III
of OPOL in relation to the relevant Incident; multiplied by |
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(b) |
the number of Accountable Units to which such
Member or former Member had made OPOL applicable and to which
OPOL continued to be applicable on the Relevant Incident Date;
divided by |
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(c) |
the total number of Accountable Units to which
OPOL was applicable as at the Relevant Incident Date less the
number of Accountable Units to which OPOL had been made applicable
(and to which OPOL was applicable at the Relevant Incident Date)
by the Member or former Member through whose failure to satisfy
obligations to Claimants pursuant to OPOL the remaining Members
are required to pay a contribution in accordance with Article
7. |
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| 4 |
The number of votes which in accordance with
Article 26 (B) every Member present at a General Meeting in person
or by proxy shall have on a poll shall be the aggregate of: |
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(a) |
one; plus |
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(b) |
one vote for each Production Platform, Oil Storage/Loading
System, Oil Loading System or Pipeline System to which such Member
had made OPOL applicable as at midnight G.M.T. on the date upon
which the notice convening the meeting at which the poll is taken
was put into the post or sent by facsimile transmission or telexed
as the case may be; plus |
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(c) |
one vote for each Drilling Unit to which such
Member had made OPOL applicable and which had been operated by
such Member at any time during the twelve calendar months preceding
midnight G.M.T. on such date. |
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