Indigenous Peoples FPIC Protocols

8. Depending upon the nature, scale and location of the proposed activities, the developer may be required to undergo an environmental impact assessment, provide an Environmental Protection Plan and/or performance bond to guide conduct of the activities, and/or to prepare a Closure Plan which is to guide the shutdown and abandonment of activities within the territory. Any such requirements will be identified in the Access Agreement. 9. In the Access Agreement, KI transfers to the developer only exclusive rights to conduct activity involving a subsoil area, but does not transfer rights to such subsoil into either ownership or lease. Therefore, all extracted minerals or extracted and processed minerals (i.e., the produced product) are the property of KI. KI hires the developer as a contractor to perform work for it, but at the expense and risk of the developer. The work is carried out on a compensated basis, with KI paying the investor not in money, but with a portion of the produced product. This is the so-called production sharing, i.e., the sharing of the results of the work carried out by the developer. 10.The existence of an Access Agreement will not prejudice of the rights of the KI to subsequently reject or oppose any activity, or expansion of an activity, that is not provided for in the Access Agreement.