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Seller covenants that, on the Effective Date, Seller shall deliver to Buyer (through an electronic data room or otherwise) copies of the following materials respecting the Property, to the extent within the possession of or under the control of Seller:

any net after-tax income or loss from discontinued operations and any net after-tax gain or loss on disposal of discontinued operations shall be excluded (but if such operations are classified as discontinued due to the fact that they are subject to an agreement to dispose of such operations, only when and to the extent such operations are actually disposed of),

Section # Operations Agreement. As of the Closing Date and at the Closing, HLTT, Purchaser, Seller and PTG shall execute the Operations Agreement attached as [Exhibit D] (the “Operations Agreement”).

Operations Software/IP Subcontractor” means each Subcontractor supplying or supporting Operations Software/IP.

Operations which are required to fulfill the Minimum Work Obligations must be proposed and conducted as Joint Operations under clause 5, and may not be proposed or conducted as Exclusive Operations under this clause 7.

The following operations may be proposed and conducted as Exclusive Operations, subject to the terms of this clause 7:

"Business" shall mean the operations of Bagger as currently conducted, including the operations of each of Bagger’s subsidiaries.

any gain (loss) on asset sales, disposals or abandonments (other than asset sales, disposals or abandonments in the ordinary course of business) or income (loss) from discontinued operations (but if such operations are classified as discontinued due to the fact that they are subject to an agreement to dispose of such operations, only when and to the extent such operations are actually disposed of),

This Accounting Procedure shall apply separately, mutatis mutandis, to Exclusive Operations Accordingly, Operator shall maintain charges and credits applicable to Exclusive Operations separately from charges and credits applicable to Joint Operations In determining and calculating the remuneration of the Consenting Parties, including the premiums for Exclusive Operations, Operator shall express the costs and expenditures in US dollars (irrespective of the currency in which the expenditures were incurred)

Director, Fuels Operations

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