`In the event that the operator commits a serious infringement or fails to comply or fails to comply with a substantial obligation contained in this Agreement, the operator may also be dismissed by one of the non-operators holding a holding of at least 60% in writing to the operator`. The OJA is indeed one of the most important agreements on the exploitation of oil and gas resources. The JOA should represent a merger of the divergent interests of the respective parts of the OJA. However, the burden of paying cash calls resulted in the federal government not benefiting from all the benefits of the JOA. The operator`s withdrawal rights are subject to strict restrictions. An operator can only be withdrawn for “reason” by the agreement of a majority stake (on the basis of ownership) of the non-operators after the exclusion of the operator`s participation from the right to vote. Such a vote shall be considered effective only if an operator has received written notification to the operator of the alleged delay and non-maintenance of the operator. For the purposes of this Agreement, `good cause` means gross negligence or wilful misconduct, a substantial breach or inability to comply with the operating standards contained in the contract, or a substantial omission or inability to fulfil its obligations under the Treaty. Therefore, non-operators have the power to remove the operator. Article 2.4.2 provides that a modern concession resembles the traditional concession in many respects. It is also an agreement that gives the oil company the exclusive right to search for oil and, when the oil is discovered, to produce, market and transport it.
The company pays certain costs and taxes to the state that has the crude oil. Under this type of concession, the company has rights to the oil produced and owns it from the date of extraction. It is now called under different names like licensing or leasing, but it is still the most common type of agreement. The duration is usually 20 years. Coverage has also been reduced. The company usually only gets rights with respect to crude oil and sometimes natural gas. In almost all such agreements, oil remains the property of the state at all times. Companies use joint venture agreements to assign and legally assess the rights and obligations between assignments of rights and obligations of rights holders. The JOA offers a structure for mining companies and participation in turnover. Each company under the contract equally shares the risk of the company, so no company or individual bears the entire burden.
The operator for joint operations shall be designated in the OJ. . . .