Access to and Use of Records. 10.1.1. As outlined in subsections5.1 and 5.2 of this Memorandum of Understanding, there is a shared responsibility for Court Records.
Access to and Use of Records. KEM hereby grants to EMMR for the term of this Agreement and any extensions thereof the right to review all books, records, documents, correspondence, reports, maps, depictions, test results, geologic information, mining information, surveys, engineering plans, projections and other similar items and other similar items of KEM related to Above-Ground Mining Activities, in each case, that exists as of the date hereof (including the construction, maintenance and use of the Eagle Mountain Railroad, roads at the Mine, and the water and utility systems) (collectively “KEM Mining Records”), including all records relating to the properties, claims, assets, rights and operations of KEM or the former Xxxxxx Steel Corporation; provided, that for the avoidance of doubt KEM Mining Records shall not include any proprietary information related to the Project, including financial information related to the Project, such as models and projections related to the financial performance of the Project unless any such information should be publicly disclosed. EMMR shall have the right to retain a copy of any and all KEM Mining Records. In addition, KEM shall make available to either EMMR or its designated representatives upon five (5) business days advance notice the KEM Mining Records for review and copying (at EMMR’s expense) to the extent EMMR or its Affiliates did not retain copies thereof and reasonably require them for purposes of the Mining Activities of EMMR contemplated herein.
