Now therefore in consideration of the premises and

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NOW, THEREFORE, in consideration of the premises and covenants and conditions herein contained, IT IS HERE BY AGREED between the Parties as follows
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6 ARTICLE 1 SCOPE AND DEFINITIONS 1.1 Scope 1.1.1 The Contractor is hereby appointed and constituted as the exclusive entity to conduct Petroleum Operations in the Contract Area. The Contractor shall bear the complete risk in carrying out the Petroleum Operations, and shall be solely responsible to the Government for the execution and management of the Petroleum Operations in accordance with this Contract. 1.1.2 In case the Contractor comprises of more than one Member as identified in Article 2, then the following additional provisions shall apply: (a) The Contractor shall appoint any one of the Members constituting the Contractor as the Lead Member to represent them in communicating and liaising with the Government in relation to the Contract and performance thereof. (b) The Contractor shall appoint any one of the Members constituting the Contractor as the Operator under Article 7 of this Contract. (c) Notwithstanding the provisions in Para (b) of this sub-clause 1.1.2, the appointment of the Operator shall in no way limit, restrict or discharge the other Members comprising the Contractor from their obligations, responsibilities and liabilities as Members comprising the Contractor holding Participating Interest under this Contract, and such appointment shall not prevent the Government from directly communicating, liaising with and/or enforcing such obligations, responsibilities and liabilities on a joint and several basis against the Members comprising the Contractor to the extent of their individual and/or aggregate Participating Interest. (d) The liability of the Members comprising the Contractor under this Contract shall be both joint and several. (e) The Contractor is liable, regardless of fault, in respect of financial losses incurred as a result of pollution and waste from the Petroleum Operations, and the cost of reasonable measures to avert or limit such damage or such loss, including damage or loss as a result of such measures. (f) If damage has been caused as described in Para (e) of sub-clause 1.1.2 and it is not possible to identify who caused the damage, the Members comprising the Contractor shall be jointly and severally liable insofar as the damage may be believed to have been caused by any Petroleum Operations. 1.2 In this Contract, unless the context requires otherwise, the following terms shall have the meaning ascribed to them hereunder: 1.2.1 “Accounting Procedure” means the principles and procedures of accounting set out in Appendix C. 1.2.2 “Act” means Oilfields (Regulation and Development) Act, 1948 as amended from time to
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7 time. 1.2.3 “Affiliate” means a company or a body: (a) which directly or indirectly controls or is controlled by a Company which is a Party to this Contract; or (b) which directly or indirectly controls or is controlled by a company which directly or indirectly controls or is controlled by a Company which is a Party to this Contract.For the purpose of this definition it is understood
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