Common use of Books; Records; Inspections Clause in Contracts

Books; Records; Inspections. Entrée shall, and shall cause Entrée LLC to, keep true, complete and accurate books and records of all material operations and activities with respect to the Joint Venture, Entrée’s Joint Venture Interest, the Property, the Production and OTL’s Financed Costs and OTL Interest Costs. In addition to the provisions of section 7.4 and subject to Article 16, Sandstorm and its authorized representatives shall, during the Term or the Extended Term, as the case may be, be entitled to perform audits or other reviews and examinations of the books and records of Entrée and Entrée LLC relevant to the delivery of Sandstorm Payable Metals pursuant to this Agreement to confirm compliance by Entrée and Entrée LLC with the terms of this Agreement. Sandstorm shall diligently complete any audit or other examination permitted under this Agreement. For greater certainty and without limitation, Sandstorm shall, have access to all documents provided by Entrée to an Offtaker, as contemplated under the Offtake Agreements or which otherwise relate to Production vis a vis the Offtaker and all documents provided to Entrée or due to be provided to Entrée by OTL, pursuant to the Joint Venture, the Joint Venture Agreement, the Joint Venture Conduct or otherwise, related to Production and that are, in any manner, relevant to the calculation of Sandstorm Payable Metals or the delivery and credit in respect of Sandstorm Payable Metals. All costs and expenses of any audit or other examination permitted in this section shall be paid by Sandstorm, unless the results of such audit or other examination permitted in this section, disclose a discrepancy in calculations made by Entrée of greater than two percent of Sandstorm Payable Metals calculated by Entrée, in which event the reasonable costs of such audit or other examination shall be paid by Entrée.

Appears in 3 contracts

Samples: Equity Participation and Funding Agreement (Entree Gold Inc), Equity Participation and Funding Agreement (Entree Gold Inc), Equity Participation and Funding Agreement (Sandstorm Gold LTD)

AutoNDA by SimpleDocs

Books; Records; Inspections. Entrée shall, and shall cause Entrée LLC to, keep true, complete and accurate books and records of all material operations and activities with respect to the Joint Venture, Entrée’s 's Joint Venture Interest, the Property, the Production and OTL’s 's Financed Costs and OTL Interest Costs. In addition to the provisions of section 7.4 and subject to Article 16, Sandstorm and its authorized representatives shall, during the Term or the Extended Term, as the case may be, be entitled to perform audits or other reviews and examinations of the books and records of Entrée and Entrée LLC relevant to the delivery of Sandstorm Payable Metals pursuant to this Agreement to confirm compliance by Entrée and Entrée LLC with the terms of this Agreement. Sandstorm shall diligently complete any audit or other examination permitted under this Agreement. For greater certainty and without limitation, Sandstorm shall, have access to all documents provided by Entrée to an Offtaker, as contemplated under the Offtake Agreements or which otherwise relate to Production vis a vis the Offtaker and all documents provided to Entrée or due to be provided to Entrée by OTL, pursuant to the Joint Venture, the Joint Venture Agreement, the Joint Venture Conduct or otherwise, related to Production and that are, in any manner, relevant to the calculation of Sandstorm Payable Metals or the delivery and credit in respect of Sandstorm Payable Metals. All costs and expenses of any audit or other examination permitted in this section shall be paid by Sandstorm, unless the results of such audit or other examination permitted in this section, disclose a discrepancy in calculations made by Entrée of greater than two percent of Sandstorm Payable Metals calculated by Entrée, in which event the reasonable costs of such audit or other examination shall be paid by Entrée.

Appears in 2 contracts

Samples: Equity Participation and Funding Agreement (Entree Gold Inc), Equity Participation and Funding Agreement (Entree Gold Inc)

Books; Records; Inspections. Entrée shallSanta Fe, Lordsburg and Santa Fe Barbados shall cause Entrée LLC to, keep true, complete and accurate books and records of all material operations and activities with respect to the Joint VentureProject, Entrée’s Joint Venture Interestincluding the processing of Minerals therefrom, where applicable, prepared in accordance with the PropertyAccounting Principles, consistently applied. Subject to the Production confidentiality provisions of this Agreement and OTL’s Financed Costs and OTL Interest Costs. In in addition to the provisions of section 7.4 and subject to Article 166(e), Sandstorm Barbados and its authorized representatives shall, during the Term or the Extended Term, as the case may be, shall be entitled to perform audits or other reviews and examinations of the books and records of Entrée Santa Fe, Lordsburg and Entrée LLC Santa Fe Barbados relevant to the delivery of Sandstorm Purchased Payable Metals Au pursuant to this Agreement during the Term or the Extended Term, as the case may be, to confirm compliance by Entrée and Entrée LLC Santa Fe Barbados with the terms of this Agreement. Sandstorm Barbados shall diligently complete any audit or other examination permitted under this Agreementhereunder. For greater certainty and without limitation, Sandstorm shall, Barbados shall have access to all documents provided by Entrée the Offtaker to Lordsburg or by Lordsburg to an Offtaker, as contemplated under the Offtake Agreements or which otherwise relate to Production the Au produced from the Project vis a vis the Offtaker and all documents provided to Entrée or due to be provided to Entrée by OTL, pursuant to the Joint Venture, the Joint Venture Agreement, the Joint Venture Conduct or otherwise, related to Production and that are, in any manner, relevant to the calculation of Sandstorm Purchased Payable Metals Au or the delivery and credit in respect of Sandstorm Payable Metalsthereof, in each instance. All costs and expenses of any audit or other examination permitted in this section shall be paid by SandstormSandstorm Barbados, unless the results of such audit or other examination permitted in this section, disclose a discrepancy in calculations made by Entrée Santa Fe Barbados of equal to or greater than two percent of Sandstorm Payable Metals calculated by Entréefive percent, in which event the reasonable costs of such audit or other examination shall be paid by EntréeSanta Fe Barbados.

Appears in 1 contract

Samples: Purchase Agreement (Santa Fe Gold CORP)

Books; Records; Inspections. Entrée shallColossus Brazil, SPCDM and the Guarantor shall cause Entrée LLC to, each keep true, complete and accurate books and records of all material operations and activities with respect to the Joint Venture, Entrée’s Joint Venture Interest, the Property, including the Production processing of Minerals therefrom, where applicable. Subject to the confidentiality provisions of this Agreement and OTL’s Financed Costs and OTL Interest Costs. In in addition to the provisions of section 7.4 and subject Section 6(d), up to Article 16, twice each calendar year Sandstorm Gold and its authorized representatives shall, during the Term or the Extended Term, as the case may be, shall be entitled to perform audits or other reviews and examinations of the books and records of Entrée Colossus Brazil, SPCDM and Entrée LLC the Guarantor relevant to the delivery of Sandstorm Payable Refined Metals pursuant to this Agreement during the Term or the Extended Term, as the case may be, to confirm compliance by Entrée Colossus Brazil and Entrée LLC the Guarantor with the terms of this Agreement. Despite the preceding sentence, Sandstorm Gold may exercise such audit, review and examination rights more than twice per year either (a) where the additional audit, review and examination is required by applicable law, (b) with the consent of Colossus Brazil and Guarantor, not to be unreasonably withheld or delayed; or (c) unless one of the previous two audits have revealed that there has been an underreporting of Refined Metals. Sandstorm Gold shall diligently complete any audit audit, review or other examination permitted under this Agreementhereunder. For greater certainty and without limitation, Sandstorm shall, Gold shall have access to all documents provided by Entrée each of Colossus Brazil, SPCDM and the Guarantor to an Offtaker, as contemplated under the Offtake Agreements or which otherwise relate to Production the Applicable Metals produced from the Property vis a vis the Offtaker and all documents provided to Entrée or due to be provided to Entrée by OTL, pursuant to the Joint Venture, the Joint Venture Agreement, the Joint Venture Conduct or otherwise, related to Production and that are, in any manner, relevant to the calculation of Sandstorm Gold Payable Metals or the delivery and credit of Refined Metals in respect of Sandstorm Payable Metalsthereof, in each instance. All Subject to Section 6(c), all costs and expenses of any audit or other examination permitted in this section Section shall be paid by Sandstorm, unless the results of such audit or other examination permitted in this section, disclose a discrepancy in calculations made by Entrée of greater than two percent of Sandstorm Payable Metals calculated by Entrée, in which event the reasonable costs of such audit or other examination shall be paid by EntréeGold.

Appears in 1 contract

Samples: Purchase Agreement (Sandstorm Gold LTD)

AutoNDA by SimpleDocs

Books; Records; Inspections. Entrée shall(a) The Owners shall provide to Silver Wheaton at least annually, and in a timely manner, a copy of the Owners’ annual mine plan with respect to the Mining Properties, which plan shall be prepared in accordance with typical practices prevailing in the mining industry, and shall cause Entrée LLC include, but not be limited to, information with respect to anticipated mining activities on the Mining Properties and the processing of Minerals. (b) The Owners shall keep true, complete and accurate books and records of all material of its operations and activities with respect to the Joint VentureMining Properties, Entrée’s Joint Venture Interestincluding, but not limited to, the Propertymining and production of Minerals therefrom and the mining, treatment, processing, milling, concentrating and transportation of Minerals. Subject to the confidentiality provisions of this Agreement, the Production and OTL’s Financed Costs and OTL Interest Costs. In addition to the provisions of section 7.4 and subject to Article 16, Sandstorm Owners shall permit Silver Wheaton and its authorized representatives shall, during the Term or the Extended Term, as the case may be, be entitled to perform audits or other reviews and examinations of the its books and records of Entrée and Entrée LLC relevant to the production and delivery of Sandstorm Payable Metals pursuant silver from the Mining Properties from time to this Agreement time to confirm compliance by Entrée and Entrée LLC with the terms of this Agreement. Sandstorm Silver Wheaton shall diligently complete any audit or other examination permitted under this Agreementhereunder. For greater certainty and without limitation, Sandstorm shall, have access to all documents provided by Entrée to an Offtaker, as contemplated under the Offtake Agreements or which otherwise relate to Production vis a vis the Offtaker and all documents provided to Entrée or due to be provided to Entrée by OTL, pursuant to the Joint Venture, the Joint Venture Agreement, the Joint Venture Conduct or otherwise, related to Production and that are, in any manner, relevant to the calculation of Sandstorm Payable Metals or the delivery and credit in respect of Sandstorm Payable Metals. All costs and The expenses of any audit or other examination permitted in this section hereunder shall be paid by SandstormSilver Wheaton, unless the results of such audit or other examination permitted in this section, disclose hereunder discloses a discrepancy in calculations made the amount of silver produced and recovered from the Mining Properties of more than five percent (5%) between the books and records reviewed by Entrée Silver Wheaton and the quantity of greater than two percent of Sandstorm Payable Metals calculated by Entréesilver contained in any Monthly Report or Annual Report, in which event the reasonable costs and expenses of such audit or other examination shall be paid by EntréeAlexco. (c) The Owners shall prepare technical reports on the Mining Properties in compliance with NI 43-101 as and when required by laws applicable to the Owners or its Affiliates or, at the written request of Silver Wheaton, shall provide to or assist Silver Wheaton to obtain (i) copies of any technical reports, or other technical data, records or information pertaining to the Mining Properties in the possession or control of the Owners or its Affiliates, and (ii) such other scientific and technical information as Silver Wheaton certifies as being necessary or advisable to permit Silver Wheaton to (1) prepare a technical report on the Mining Properties in accordance with NI 43-101, and (2) comply with Silver Wheaton’s disclosure obligations under applicable Canadian and U.S. securities laws.

Appears in 1 contract

Samples: Silver Purchase Agreement (Alexco Resource Corp)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!