Decree-Law No. 43/2015 Tibar Port PPP Unofficial translation by La’o Hamutuk Page 4 Tibar Port and which are necessary to ensure the safety and security of transactions Tibar Port and its surroundings, in particular: a) The use of soil and water; b) The implementation of infrastructure, structures, facilities, equipment, vehicles, lighting, signs or other objects of a temporary or permanent nature; c) Anything that can interfere directly or indirectly with the use of Tibar Port. 6. The Government members responsible for the areas of public works and transport should apply to the court to proceed with the impoundment of works and demolition of infrastructure and facilities that violate the restrictions imposed by this article. 7. The owners of infrastructures, structures, facilities, works and other rights preceding the imposition of the restrictions established pursuant to this Article shall have the right fair compensation, the value of which is agreed between the parties or required by law. 8. The state may impose deadlines for the payment of compensation under this Article. 9. The values referred to in paragraph 2 and paragraph 7 are decided by the court if there is no agreement between the parties. Article 9 Formalities and procedures 1. The selection of the private partner and the award of the Concession Agreement is subject to completion of a tender procedure, which complies with the following conditions: a) The tender procedure should be performed according to international best practice in order to include a pre-qualification and a tender phase; b) Candidate competitors will be pre-qualified based on their technical and financial qualifications; c) Competitors who qualify in the pre-qualification stage are invited to submit technical and financial proposals; d) After reviewing the proposals, a report is prepared based on the procedure, analysis and methodology for assessing the proposals, proposing to their coordination, and identifying the proposal they should be awarded the concession contract. 2. The concession agreement may be concluded in several languages, provided that at least one of them is an official language of the Democratic Republic of Timor-Leste. 3. Multiple copies of the Concession Agreement can be signed. Article 10 Conflict resolution 1. Any conflicts that may arise between the parties concerning the application, interpretation or the rules of the Concession Agreement are submitted to arbitration or other alternative means of dispute resolution established pursuant to the Concession Agreement. 2. The Government undertakes to comply with the final decision or judgment and not to oppose the execution of the same on the basis of its rights and immunities or based on error, defect or omission of which the Concessionary had no prior knowledge. 3. The site of arbitration may be outside of the Democratic Republic of Timor-Leste.