approval of the Department), or is dissolved, or enters into a scheme of arrangement with any class of its creditors, or is placed under official management; or any event or circumstance analogous to the events or circumstances referred to in clauses 15.1(a)(ii) or (iii) occurs under the Laws of any applicable jurisdiction occurs with respect to the Supplier or any of its holding companies. Without limitation, for the purposes of clause 15.1(a), a breach of the following provisions constitutes a material breach of this Agreement: clause 3.3 (Non-OECD Country notification); clause 4.1 (Contracted Quantity); clause 4.2 (Storage Location of Contracted Quantity); clause 4.3 (Compliance with Sanctions); clause 7.2 (Supplier to deliver amount of Contracted Quantity purchased); clause 9 (Compliance with Laws, Subcontracting and Cooperation); clause 11.3 (Notice of Force Majeure); clause 13 (Records and Accounts); clause 14.2 (Costs of replacement stocks); or clause 16 (Confidentiality). The Supplier must notify the Department immediately if any of events or circumstances in clauses 15.1(a)(ii), (iii) or (iv) occur. Suspension of obligation to pay Monthly Fee If: any of the circumstances specified in clause 15.1(a) (ii), (iii) or (iv) and/or the Supplier commits a material breach of this Agreement and the breach remains unremedied, the Department may give the Supplier notice suspending the Department’s obligations to pay the Monthly Fee, but without limiting any rights or obligations of either party. A notice of suspension this clause 15.2 does not limit the Department’s ability to give a notice of termination under clause 15.1 in relation to the same matter at a later date. Where a suspension notice has been served following the occurrence of a material breach by the Supplier (pursuant to clause 15.1(a) or this clause 15.2), the suspension will cease when the breach is remedied to the Department’s reasonable satisfaction.
SCHEDULE 1 – CONTACT AND TRANSACTION DETAILS Contact Details: Department Officer Representative Department Senior Representative [Insert name; and contact details (email and phone number) of both] Supplier Officer Representative Supplier Senior Representative [Insert name; and contact details (email and phone number) of both] [Drafter’s Note: The Supplier Senior Representative is to be more senior than the Supplier Officer Representative for the purposes of clause 17.3, and should be CEO, agency head or equivalent level.] [Drafter’s Note: If is only One Type of Product, delete the following bracketed Schedule reference.] [Schedule 1.1:] [Insert name of first Type of Product] Transaction Details Item 1. Term [] months commencing on [] 2. Contracted Quantity [] metric tonnes [Drafters Note: Where multiple tranches are reserved and priced differently, the quantity of stock within each tranche must be recorded here: Tranche One [] metric tonnes Tranche Two Stock: [] metric tonnes [Drafters Note: Insert additional tranches as required. The additional tranches should also be inserted into the definition of ‘Tranche’.] 3. Storage Location (including jurisdiction) [Insert address where stock is to be held, including city and country] 4. Primary Delivery Location [Insert address for delivery] 5. Secondary Delivery Location [Insert secondary addresses for delivery, if specified. Otherwise insert ‘Not applicable’.] 6. Type of Product (including and/or Specification) [Crude oil] [Natural Gas Liquids] [Refinery feedstocks] [Other hydrocarbons] [Refinery gas (not liquefied)] [Ethane] [Liquid Petroleum Gas] [Naphtha] [Motor gasoline] [Aviation gasoline] [Gasoline-type jet fuel (naphtha type jet fuel or JP4)] [Kerosene
type jet fuel (aviation turbine fuel)] [Other kerosene (burning oil)] [Gas/diesel oil (distillate fuel oil)] [Fuel oil (both low and high sulphur content)] [White spirit and SBP] [Lubricants] [Bitumen] [Paraffin waxes] [Petroleum coke] Grade: Specification: 7. Monthly Fee [For Option A contemplated in clause 5.2 of the Agreement] USD[] per calendar per metric tonne of stock [For Option B contemplated in clause 5.2 of the Agreement: Insert additional tranches as required. Note that, for the purpose of calculating the Monthly Fee, the Purchase Option or Release Option are deemed to apply to the Priority Tranche, being the Tranche with the highest price first and then in descending order of price.] USD [] per calendar month per metric tonne of Tranche One Stock USD[] per calendar month per metric tonne of Tranche Two Stock 8. Purchase Price [Insert market-related pricing basis based on the Supplier’s response to the Request for Tender] [Drafter’s Note: The Transaction Details above has been replicated below for a second Type of Product. Delete this if there is only one Type of Product and replicate as required for each further Type of Product.] [Schedule 1.2:] [Insert name of second Type of Product] Transaction Details Item 1. Term [] months commencing on [] 2. Contracted Quantity [] metric tonnes [Drafters Note: Where multiple tranches are reserved and priced differently, the quantity of stock within each tranche must be recorded here: Tranche One Stock: [] metric tonnes Tranche Two Stock: [] metric tonnes [Drafters Note: Insert additional tranches as required. The additional tranches should also be inserted into the definition of ‘Tranche’.]
overall oil and refined product storage capacity on the Host Country’s national territory; aggregated breakdown of stocks held by the Supplier for country or countries; itemised breakdown of stocks held by the Supplier for IEA member countries; and name and location of Supplier’s facility where IEA member country stocks are held. The Supplier must ensure that the Host Country: collects National Data; ensures that JODI returns for the preceding six months are ‘adequate’ for the purposes of the JODI; and submits National Data directly to the IEA as required for the purposes of the IEP Agreement. If the Supplier cannot comply with clause 2(b) of this Appendix Two because the Host Country does not collect or report National Data to the IEA, the Supplier must: prepare and submit to the Department a Clarification of Disposition of Ownership on a quarterly basis; provides access to the Department, on reasonable written notice, to conduct a physical audit, at the Department’s cost, at the mid- point of the Term to enable the Department to satisfy its obligations under the IEP Agreement; provides the Department with any assistance that may be needed to clarify the Clarification of Disposition of Ownership; and allows the Department to submit the Clarification of Disposition of Ownership to the IEA, on a confidential basis, for the purposes of satisfying Australia’s stockholding obligations under the IEP Agreement.