Prospectus - SBM Offshore
Prospectus - SBM Offshore
Prospectus - SBM Offshore
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limits on the claim period, some warranties and indemnities may give rise to unexpected liabilities, which<br />
could adversely affect the Group's business, results and financial condition.<br />
(p) Adverse weather conditions, catastrophic events, pandemic diseases and other unpredictable events<br />
may adversely affect the Group's (offshore) facilities, people, equipment, cargo or property.<br />
Adverse weather conditions, catastrophic events, pandemic diseases and other similarly unpredictable events,<br />
may reduce the number of workable days and therefore prevent the Group and its employees from being able<br />
to conduct their activities. For instance, the travel restrictions implemented as a result of the H1N1 pandemic<br />
in 2009 interrupted the Kuala Lumpur operations. Work in Houston has been disrupted in the past by<br />
hurricanes and tropical storms, and adverse weather conditions were among the contributing factors that<br />
resulted in the progress of the work offshore and commissioning of the Yme Platform for start-up of the<br />
system being significantly slower than anticipated. Climatic conditions could also affect in some instances the<br />
Group's ability to install or operate safely vessels offshore and catastrophic events like the Icelandic volcanic<br />
eruption, Japanese tsunami or other events with a global impact. Such events are impossible to predict. Should<br />
they occur, they may adversely affect the Group's property, financial assets, trading positions and employees.<br />
If the Group's business continuity plans do not fully address such events or cannot be implemented under the<br />
circumstances, the Group may incur losses. Unforeseen events can also lead to lower revenue or increased<br />
operating costs, such as increases in fixed employee costs not recovered by corresponding increases in<br />
revenues due to an inability to deliver products and services on time, and can result in higher insurance<br />
premiums. Insurance coverage for certain unforeseeable risks may also be unavailable, or may only be<br />
available at unacceptably high premiums. Should they materialise, these risks may have an adverse effect on<br />
the Group's business, results and financial condition.<br />
(q) The Group's internal control systems may not adequately identify all risks and the Group may not<br />
properly assess the impact such risks may have.<br />
Risks can manifest themselves in many ways, including business interruption, poor performance, IT system<br />
malfunctions or failures, non-performance from partners or subcontractors, breach of applicable laws and<br />
regulations, human errors, employee misconduct or internal and external fraud. Timely identification,<br />
assessment and, if necessary, treatment of risks as they materialise is critical to the performance of the Group,<br />
as is the consistent and disciplined implementation of internal control systems and risk management across the<br />
Group as a whole.<br />
The experience on the Deep Panuke mobile offshore production unit (MOPU) and the Yme MOPU with oil<br />
storage capacity (MOPUstor), together with a general recognition of the accelerating complexity of facilities<br />
and projects the Group undertakes, the increasing scale of investment, the increasing average FPSO contract<br />
life, and the use of FPSOs as full life-of-field developments, have prompted a reappraisal of the Group's<br />
organisational structure, internal control systems and risk management, and has resulted in the adoption of a<br />
new risk management approach under the " Work as One, Perform and Shape the Future " strategy, which is<br />
intended to identify and, where necessary, remedy shortcomings in the management of these risks.<br />
(r) If the Group fails to complete a project on time, misses a required performance standard or<br />
otherwise fails to adequately perform on projects, the Group may incur a loss on that project.<br />
The Group usually commits to its customers that it will complete projects by a scheduled date and that a<br />
project, when completed, will achieve specified performance standards. If the project is not completed by the<br />
scheduled date, or it fails to meet required performance standards, or fails to perform other contractual<br />
obligations, the Group may be liable to pay compensation or damages for breach of contract, incur significant<br />
additional costs, or incur a loss or penalties (both contractual penalties and as a result of civil liability), and<br />
payment of the Group's invoices may be delayed. In addition, the customer may have the right in certain<br />
circumstances to terminate the agreement. Performance of projects can also be affected by a number of factors<br />
beyond the Group's control, including unavoidable delays from governmental action or failure to act, public<br />
opposition, inability to obtain financing, adverse weather conditions, unavailability of materials, changes in the<br />
project scope of services requested by customers, industrial accidents, environmental hazards and disasters,<br />
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