Common use of Aboriginal Affairs Clause in Contracts

Aboriginal Affairs. Except as disclosed in Schedule 3.1(gg) of the Disclosure Letter, (i) to the knowledge of Xxxxxxxxx (A) it is carrying on business in compliance with all legal and governmental requirements associated with aboriginal-related matters, (B) there are no facts that could give rise to non-compliance by Xxxxxxxxx in respect of any such legal or governmental requirements; (ii) there is no claim, complaint or other proceeding threatened by or on behalf of any Aboriginal Group of which Xxxxxxxxx has received notice, with respect to any of the Lands, Concessions or Mineral Rights or any authorization issued by any Governmental Entity in respect of, or otherwise related to Xxxxxxxxx; (iii) since January 1, 2006 there has not been any blockade or other act of civil disobedience undertaken by any Aboriginal Group with respect to the Lands or otherwise affecting the Mineral Rights, or to the knowledge of Xxxxxxxxx has any responsible official of any Aboriginal Group since January 1, 2006, threatened Xxxxxxxxx with any blockade or other act of civil disobedience with respect to the Lands or which could reasonably be expected to affect the Mineral Rights; (iv) the Schedule 3.1(gg)(iv) of the Disclosure Letter sets out all agreements, written or verbal, between Xxxxxxxxx and any Aboriginal Group; (v) neither Xxxxxxxxx nor any of its subsidiaries has received any notice, whether written or oral from any Governmental Entity, Aboriginal Group or any persons representing or purporting to represent an Aboriginal Group of the exercise of aboriginal rights or assertion of aboriginal title in the area of the Lands or Mineral Rights or Esperanza’s or its subsidiaries’ interests in the Lands or Mineral Rights or of an impact on the asserted aboriginal title or rights involving Esperanza’s its subsidiaries’ works on the Lands or Mineral Rights; and (vi) there are no claims, actions, suits, grievances, complaints or proceedings pending or, to the knowledge of Xxxxxxxxx, threatened affecting Xxxxxxxxx or any of its subsidiaries or affecting any of their respective property or assets at law or in equity before or by any Governmental Entity, with respect to aboriginal rights or the duty to consult. Neither Xxxxxxxxx nor any of its subsidiaries nor their respective assets or properties is subject to any outstanding judgments, order, writ, injunction or decree with respect to such aboriginal rights or duty to consult.

Appears in 2 contracts

Samples: Arrangement Agreement (Alamos Gold Inc), Arrangement Agreement (Esperanza Resources Corp)

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Aboriginal Affairs. Except as disclosed in Schedule 3.1(gg) of the Northgate Disclosure Letter, (i) to the knowledge of Xxxxxxxxx Northgate (A) it is carrying on business in compliance with all legal and governmental requirements associated with aboriginal-related matters, (B) there are no facts that could give rise to non-compliance by Xxxxxxxxx Northgate in respect of any such legal or governmental requirements; (ii) there is no claim, complaint or other proceeding threatened by or on behalf of any Aboriginal Group of which Xxxxxxxxx Northgate has received notice, with respect to any of the Lands, Concessions Northgate Property or Northgate Mineral Rights or any authorization Authorization issued by any Governmental Entity in respect of, or otherwise related to XxxxxxxxxNorthgate; (iii) no portion of the Northgate Property or Northgate Mineral Rights are designated or legally constitutes a “reserve” pursuant to the Indian Act (Canada); (iv) since January 1, 2006 2005, there has not been any blockade or other act program of civil disobedience undertaken by any Aboriginal Group with respect to the Lands Northgate Property or otherwise affecting the Northgate Mineral Rights, or to the knowledge of Xxxxxxxxx Northgate has any responsible official of any Aboriginal Group since January 1, 20062005, threatened Xxxxxxxxx Northgate with any blockade or other act program of civil disobedience with respect to the Lands Northgate Property or which could reasonably be expected to affect the Northgate Mineral Rights; (ivv) to the knowledge of Northgate, no other person, including no other Persons representing or purporting to represent an Aboriginal Group, or Aboriginal Group has asserted any right or interest of any kind whatsoever, relating to any of the Northgate Property; (vi) the Schedule 3.1(gg)(iv) of the Northgate Disclosure Letter sets out all agreements, written or verbal, between Xxxxxxxxx Northgate and any Aboriginal Group; (vvii) neither Xxxxxxxxx Northgate nor any of its subsidiaries has the Northgate Subsidiaries have received any notice, whether written or oral from any Governmental Entity, Aboriginal Group or any persons Persons representing or purporting to represent an Aboriginal Group of the exercise of aboriginal rights or assertion of aboriginal title in the area of the Lands Northgate Property or Northgate Mineral Rights or EsperanzaNorthgate’s or its subsidiariesNorthgate Subsidiaries’ interests in the Lands Northgate Property or Northgate Mineral Rights or of an impact on the asserted aboriginal title or rights involving EsperanzaNorthgate’s its subsidiariesor Northgate Subsidiaries’ works on the Lands Northgate Property or Northgate Mineral Rights; and (viviii) there are no claims, actions, suits, grievances, complaints or proceedings pending or, to the knowledge of XxxxxxxxxNorthgate, threatened affecting Xxxxxxxxx Northgate or any of its subsidiaries the Northgate Subsidiaries or affecting any of their respective property or assets at law or in equity before or by any Governmental Entity, with respect to aboriginal rights or the duty to consult. Neither Xxxxxxxxx Northgate nor any of its subsidiaries the Northgate Subsidiaries nor their respective assets or properties is subject to any outstanding judgmentsjudgement, order, writ, injunction or decree with respect to such aboriginal rights or duty to consult.

Appears in 1 contract

Samples: Arrangement Agreement (Northgate Minerals CORP)

Aboriginal Affairs. Except as disclosed in Schedule 3.1(gg) of the Richmont Disclosure Letter,: (i) to the knowledge of Xxxxxxxxx (A) it is Richmont and the Richmont Subsidiaries are carrying on business in compliance in all material respects with all legal and governmental requirements associated with aboriginal-related matters, and (B) there are no facts that could give rise to material non-compliance by Xxxxxxxxx Richmont or any of the Richmont Subsidiaries in respect of any such legal or governmental requirements; (ii) there is no claim, complaint or other proceeding threatened by or on behalf of any Aboriginal Group of which Xxxxxxxxx Richmont has received notice, with respect to any of the Lands, Concessions Richmont Property or Richmont Mineral Rights Right or any authorization Authorization issued by any Governmental Entity in respect of, or otherwise related to XxxxxxxxxRichmont or any of the Richmont Subsidiaries; (iii) since January 1, 2006 no portion of the Richmont Property or Richmont Mineral Rights is designated or legally constitutes a “reserve” pursuant to the Indian Act (Canada); (iv) there has not been any blockade or other act program of civil disobedience undertaken by any Aboriginal Group with respect to the Lands Richmont Property or otherwise affecting the Richmont Mineral Rights, or nor to the knowledge of Xxxxxxxxx Richmont has any responsible official of any Aboriginal Group since January 1, 2006, threatened Xxxxxxxxx Richmont with any blockade or other act program of civil disobedience with respect to the Lands Richmont Property or which could reasonably be expected to affect the Richmont Mineral Rights; (ivv) to the Schedule 3.1(gg)(iv) knowledge of Richmont, no other Person, including any Person representing or purporting to represent an Aboriginal Group, or Aboriginal Group has asserted any right or interest of any kind whatsoever, relating to any of the Richmont Property or Richmont Mineral Rights; (i) except as set forth in the Richmont Disclosure Letter sets out all Letter, there are no agreements, written or verbal, between Xxxxxxxxx Richmont and any Aboriginal Group; (vii) neither Xxxxxxxxx Richmont nor any of its subsidiaries has the Richmont Subsidiaries have received any notice, whether written or oral oral, from any Governmental Entity, Aboriginal Group or any persons Persons representing or purporting to represent an Aboriginal Group of the exercise or assertion of aboriginal rights or assertion of aboriginal title in the area of the Lands Richmont Property or Richmont Mineral Rights or EsperanzaRichmont’s or its subsidiariesRichmont Subsidiaries’ interests in the Lands Richmont Property or Richmont Mineral Rights or of an impact on the asserted aboriginal title or rights involving EsperanzaRichmont’s its subsidiaries’ works on the Lands Richmont Property or Richmont Mineral Rights; and (viiii) there are no claims, actions, suits, grievances, complaints or proceedings pending or, to the knowledge of XxxxxxxxxRichmont, threatened affecting Xxxxxxxxx Richmont or any of its subsidiaries the Richmont Subsidiaries or affecting any of their respective property or assets at law or in equity before or by any Governmental Entity, with respect to aboriginal rights or the duty to consult. Neither Xxxxxxxxx Richmont nor any of its subsidiaries the Richmont Subsidiaries nor their respective assets or properties is subject to any outstanding judgmentsjudgement, order, writ, injunction or decree with respect to such aboriginal rights or duty to consult.

Appears in 1 contract

Samples: Arrangement Agreement (Alamos Gold Inc)

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Aboriginal Affairs. Except as disclosed in Schedule 3.1(gg) of the Northgate Disclosure Letter, (i) to the knowledge of Xxxxxxxxx Northgate (A) it is carrying on business in compliance with all legal and governmental requirements associated with aboriginal-aboriginal- related matters, (B) there are no facts that could give rise to non-non- compliance by Xxxxxxxxx Northgate in respect of any such legal or governmental requirements; (ii) there is no claim, complaint or other proceeding threatened by or on behalf of any Aboriginal Group of which Xxxxxxxxx Northgate has received notice, with respect to any of the Lands, Concessions Northgate Property or Northgate Mineral Rights or any authorization Authorization issued by any Governmental Entity in respect of, or otherwise related to XxxxxxxxxNorthgate; (iii) no portion of the Northgate Property or Northgate Mineral Rights are designated or legally constitutes a “reserve” pursuant to the Indian Act (Canada); (iv) since January 1, 2006 2005, there has not been any blockade or other act program of civil disobedience undertaken by any Aboriginal Group with respect to the Lands Northgate Property or otherwise affecting the Northgate Mineral Rights, or to the knowledge of Xxxxxxxxx Northgate has any responsible official of any Aboriginal Group since January 1, 20062005, threatened Xxxxxxxxx Northgate with any blockade or other act program of civil disobedience with respect to the Lands Northgate Property or which could reasonably be expected to affect the Northgate Mineral Rights; (ivv) to the knowledge of Northgate, no other person, including no other Persons representing or purporting to represent an Aboriginal Group, or Aboriginal Group has asserted any right or interest of any kind whatsoever, relating to any of the Northgate Property; (vi) the Schedule 3.1(gg)(iv) of the Northgate Disclosure Letter sets out all agreements, written or verbal, between Xxxxxxxxx Northgate and any Aboriginal Group; (vvii) neither Xxxxxxxxx Northgate nor any of its subsidiaries has the Northgate Subsidiaries have received any notice, whether written or oral from any Governmental Entity, Aboriginal Group or any persons Persons representing or purporting to represent an Aboriginal Group of the exercise of aboriginal rights or assertion of aboriginal title in the area of the Lands Northgate Property or Northgate Mineral Rights or EsperanzaNorthgate’s or its subsidiariesNorthgate Subsidiaries’ interests in the Lands Northgate Property or Northgate Mineral Rights or of an impact on the asserted aboriginal title or rights involving EsperanzaNorthgate’s its subsidiariesor Northgate Subsidiaries’ works on the Lands Northgate Property or Northgate Mineral Rights; and (viviii) there are no claims, actions, suits, grievances, complaints or proceedings pending or, to the knowledge of XxxxxxxxxNorthgate, threatened affecting Xxxxxxxxx Northgate or any of its subsidiaries the Northgate Subsidiaries or affecting any of their respective property or assets at law or in equity before or by any Governmental Entity, with respect to aboriginal rights or the duty to consult. Neither Xxxxxxxxx Northgate nor any of its subsidiaries the Northgate Subsidiaries nor their respective assets or properties is subject to any outstanding judgmentsjudgement, order, writ, injunction or decree with respect to such aboriginal rights or duty to consult.

Appears in 1 contract

Samples: Arrangement Agreement (AuRico Gold Inc.)

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