ACTIVITIES OF OPERATOR. 8.1 The Operator, in consultation with the parties, shall have full right, power and authority to do everything necessary or desirable to determine the manner of exploration and development of the Property and, without limiting the generality of the foregoing, the right, power and authority to: (a) regulate access to the Property subject only to the right of the representatives of CRL and BHPB to have access to the Property at all reasonable times and on reasonable notice, for the purpose of inspecting work being done thereon but at their own risk and expense; (b) employ and engage such employees, agents and independent contractors as the Operator may consider necessary or advisable to carry out its duties and obligations hereunder and in this connection to delegate any of its powers and rights to perform its duties and obligations hereunder; (c) execute all documents, deeds and instruments, do or cause to be done all such acts and things and give all such assurances as may be necessary to maintain good and valid title to the Property and each party hereby irrevocably appoints the Operator its true and lawful attorney to give effect to the foregoing and hereby agrees to indemnify and hold the Operator harmless from any and all costs, losses or damage sustained or incurred by the Operator directly or indirectly as a result of its exercise of its powers and save where those powers have been exercised in bad faith or with gross negligence; and (d) conduct such title examination and cure such title defects as may be advisable in the reasonable judgment of the Operator. 8.2 The Operator shall, on an annual basis during the term of this Agreement, deliver to each of BHPB and CRL a report, including up-to-date maps, if any, describing the status of title of the Property, together with the results of any program and budget then completed, including reasonable details of Expenditures made or to be made during such programs. Where practicable all data shall be supplied on paper and in a widely recognized digital form on such media as all parties may reasonably be able to access. 8.3 Prior to proceeding with any exploration or development program on the Property, the Operator shall deliver to CRL and BHPB, a program and budget for such program. CRL and BHPB shall have ninety (90) days from delivery of the program and budget to review and comment on such program and budget. If CRL and BHPB, while acting in good faith, are unable to agree on a program and budget, the party acting as Operator shall be entitled to proceed with a program and budget as it deems appropriate.
Appears in 2 contracts
Samples: Property Option Agreement (Commander Resources LTD), Property Option Agreement (Commander Resources LTD)
ACTIVITIES OF OPERATOR. 8.1 7.1 The Operator, in consultation with the parties, shall have full right, power and authority to do everything necessary or desirable to determine the manner of exploration and development of the Property Properties and, without limiting the generality of the foregoing, the right, power and authority to:
(a) regulate access to the Property Properties subject only to the right of the representatives of CRL Mill City and BHPB Rockhaven to have access to the Property Properties at all reasonable times and on reasonable notice, for the purpose of inspecting work being done thereon but at their own risk and expense;
(b) employ and engage such employees, agents and independent contractors as the Operator may consider necessary or advisable to carry out its duties and obligations hereunder and in this connection to delegate any of its powers and rights to perform its duties and obligations hereunder;
(c) execute all documents, deeds and instruments, do or cause to be done all such acts and things and give all such assurances as may be necessary to maintain good and valid title to the Property Properties and each party hereby irrevocably appoints the Operator its true and lawful attorney to give effect to the foregoing and hereby agrees to indemnify and hold the Operator harmless from any and all costs, losses or damage sustained or incurred by the Operator directly or indirectly as a result of its exercise of its powers and save except where those powers have been exercised by the Operator in bad faith or with gross negligence; and
(d) conduct such title examination and cure such title defects as may be advisable in the reasonable judgment of the Operator.
8.2 The 7.2 Unless otherwise agreed by the parties:
(a) the Operator shallshall at all times, provide all parties with timely notice and disclosure of all material information related to the Properties;
(b) during periods of active field programs on an annual basis during the term of this AgreementProperties, deliver the Operator shall provide all parties with a monthly update related to each of BHPB and CRL a report, including up-to-date maps, if any, describing the status of title such Operations;
(c) within ninety (90) days of the Propertycompletion of a field program for a calendar year, together the Operator shall provide all parties with the results a geological report and where practicable shall provide copies of any program and budget then completed, including reasonable details of Expenditures made or to be made during such programs. Where practicable all data shall be supplied on paper and in a widely recognized digital form on such media as all parties may reasonably be able to access.; and
8.3 Prior (d) during periods in which no Operations related to proceeding with any exploration or development program on the PropertyProperties are ongoing, the Operator shall deliver to CRL Operator, acting reasonably and BHPB, a program and budget for such program. CRL and BHPB shall have ninety (90) days from delivery of the program and budget to review and comment on such program and budget. If CRL and BHPB, while acting in good faith, are unable shall provide all parties with all information related to agree on a program and budgetthe Properties that has not been previously been provided to the parties in pursuant to Sections 7.2(a), the party acting as Operator shall be entitled to proceed with a program and budget as it deems appropriate(b) or (c) of this Agreement.
Appears in 1 contract
Samples: Hinton Property Option Agreement (Mill City Gold Corp.)
ACTIVITIES OF OPERATOR. 8.1 6.1 The Operator, in consultation with the parties, shall have full right, power and authority to do everything necessary or desirable to determine the manner of exploration and development of the Property Target Area and, without limiting the generality of the foregoing, the right, power and authority to:
(a) regulate access to the Property a Project Area subject only to the right of the representatives of CRL AML and BHPB BBWEI to have access to the Property a Project Area at all reasonable times and on reasonable notice, for the purpose of inspecting work being done thereon but at their own risk and expense;
(b) employ and engage such employees, agents and independent contractors as the Operator may consider necessary or advisable to carry out its duties and obligations hereunder and in this connection to delegate any of its powers and rights to perform its duties and obligations hereunder;
(ca) execute all documents, deeds and instruments, do or cause to be done all such acts and things and give all such assurances as may be necessary to maintain good and valid title to the Property such Project Area and each party hereby irrevocably appoints the Operator its true and lawful attorney to give effect to the foregoing and hereby agrees to indemnify and hold the Operator harmless from any and all costs, losses or damage sustained or incurred by the Operator directly or indirectly as a result of its exercise of its powers and save where those powers have been exercised in bad faith or with gross negligence; and
(db) conduct such title examination and cure such title defects as may be advisable in the reasonable judgment of the Operator.
8.2 6.2 The Operator shall, on an annual basis during the term of this Agreement, deliver to each of BHPB BBWEI and CRL AML a report, including up-to-date maps, if any, describing the status of title of the Propertyany and all Project Areas, together with the results of any program Program and budget Budget then completed, including completed on each Project Area and reasonable details of Expenditures made or to be made during such programs. Where practicable all data shall be supplied on paper and in a widely recognized digital form on such media as all parties may reasonably be able to access.
8.3 Prior 6.3 The Operator shall, prior to proceeding with any exploration or development program on the PropertyTarget Area or a Project Area, the Operator shall deliver to CRL AML and BHPB, BBWEI a program Program and budget Budget for such program. CRL program AML and BHPB BBWEI shall have ninety sixty (9060) days from delivery of the program any Program and budget Budget to review and comment on upon such program Program and budgetBudget. If CRL and BHPB, while acting in good faith, are unable to agree on a program and budget, the party acting as The Operator shall be entitled to proceed with a program consider and budget as it deems appropriatediscuss any comments of AML or BBWEI on the proposed Program and Budget but shall have final approval of the proposed Program and Budget.
Appears in 1 contract
Samples: Exploration and Property Option Agreement (Almaden Minerals LTD)
ACTIVITIES OF OPERATOR. 8.1 The Operator6.1 As the Operator during the term of the Option, in consultation with the parties, Optionee shall have full right, power and authority to do everything necessary or desirable to determine the manner of exploration and development of the Property and, without limiting the generality of the foregoing, the right, power and authority to:
(a) regulate access to the Property subject only to the right of the representatives of CRL and BHPB Optionor to have access to the Property at all reasonable times and on reasonable notice, for the purpose of inspecting work being done thereon but at their own risk and expense, provided that such inspection does not unduly interfere with any work being carried out by or on behalf of Optionee, and further provided that Optionor shall comply with all applicable safety regulations and policies during such inspection, and that Optionor shall indemnify and save harmless Optionee from any Claim arising in connection with such inspection that is the direct result of action of Optionor or any of its Personnel;
(b) employ and engage such employees, agents and independent contractors as the Operator may consider necessary or advisable to carry out its duties and obligations hereunder and in this connection to delegate any of its powers and rights to perform its duties and obligations hereunder;
(c) execute all documents, deeds and instruments, do or cause to be done all such acts and things and give all such assurances as may be necessary to maintain good and valid title to the Property and each party Party hereby irrevocably appoints the Operator its true and lawful attorney to give effect to the foregoing and hereby agrees to indemnify and hold the Operator harmless from any and all costs, losses or damage sustained or incurred by the Operator directly or indirectly as a result of its exercise of its powers and save except where those powers have been exercised by the Operator in bad faith or with gross negligence; and
(d) conduct such title examination and cure such title defects as may be advisable in the reasonable judgment of the Operator.
8.2 6.2 The Operator shallshall at all times, on an annual basis during the term provide all Parties with timely notice and disclosure of this Agreement, deliver all material information related to each of BHPB and CRL a report, including up-to-date maps, if any, describing the status of title of the Property, together with the results of any program and budget then completed, including reasonable details of Expenditures made or to be made during such programs. Where practicable all data shall be supplied on paper and in a widely recognized digital form on such media as all parties may reasonably be able to access.
8.3 Prior to proceeding with any exploration or development program on the Property, the Operator shall deliver to CRL and BHPB, a program and budget for such program. CRL and BHPB shall have ninety (90) days from delivery of the program and budget to review and comment on such program and budget. If CRL and BHPB, while acting in good faith, are unable to agree on a program and budget, the party acting as Operator shall be entitled to proceed with a program and budget as it deems appropriate.
Appears in 1 contract
Samples: Property Option Agreement