1.3 “ AMDAL ” means the environmental impact assessment required under the
Contract of Work.
1.4 “ Area of Interest ” means the area described in Part 2 of Exhibit A. 1.5 “ Assets ” means the Property, Products and all other real and personal
property, tangible and intangible, held by PT Masmindo.
1.6 “ Awak Mas Project ” means the mineral project located on the Property
and governed by the Contract of Work.
1.7 “ Board of Directors ” means the board of directors of PT Masmindo. 1.8 “ Budget ” means a detailed estimate of all costs to be incurred by PT
Masmindo with respect to a Program and a schedule of cash advances to be made by Pan Asia with respect to such Program which, for the avoidance of doubt, shall
include the initial budget appended at Exhibit C hereto.
1.9 “ Business Day ” means a day on which chartered banks are open for the
transaction of regular business in the cities of Denver, Colorado and Vancouver, British Columbia.
1.10 “ Confidential Information ” means all information, data, knowledge and
know-how including, but not limited to, formulas, patterns, compilations, programs, devices, methods, techniques and processes that derive independent economic value,
actual or potential, as a result of not being generally known to, or readily ascertainable by, third parties and which are the subject of efforts that are reasonable
under the circumstances to maintain their secrecy, including without limitation all analyses, interpretations, compilations, studies and evaluations of such information,
data, knowledge and know-how generated or prepared by or on behalf of either Party, Salu Siwa or PT Masmindo.
1.11 “ Constating Documents ” means the articles of association of PT
Masmindo, as amended from time to time.
Tjitrosudibio, Jakarta: Pradnya Paramita, 2001, pasal 1319.
Universitas Sumatera Utara
1.12 “ Continuing Obligations ” means obligations or responsibilities that are
reasonably expected to continue or arise after Operations on a particular area of the Properties have ceased or are suspended, such as future monitoring, stabilization or
Environmental Compliance.
1.13 “ Contract of Work ” means the contract of work between the Governments
of the Republic of Indonesia and PT Masmindo dated January 19, 1998 as may be amended from time to time.
1.14 “ Development ” means all preparation for the removal and recovery of
Products, including the construction or installation of a mill or any other improvements to be used for the mining, handling, milling, processing or other
beneficiation of Products.
1.15 “ Effective Date ” means the date first written above. 1.16 “ Encumbrance ” means any mortgage, charge, pledge, lien or other
security interest, or any right or privilege capable of becoming any of the foregoing.
1.17 “ Environmental Compliance ” means action performed during or after