Capital Expenditures; Construction a. Upon the issuance to the Company of a Mining License pursuant to Section 5, the Company shall use commercially reasonable efforts to incur capital expenditures and commence and continue construction, acquisition and installation of its Mine, Mining Plant, Infrastructure and related equipment, all in accordance in all material respects with the Development Plan and schedule set forth in the approved Feasibility Report relating to such Mining License. The Company shall cause the construction, acquisition and installation of the Mine, Mining Plant, Infrastructure and equipment provided for in the approved Feasibility Report to be completed in accordance in all material respects with the Development Plan set forth in the approved Feasibility Report, and shall use commercially reasonable efforts in good faith to cause the capacity demonstration test provided for in Section 6.2 to occur within the period of time provided in Section 5.4. The Company may not make material changes in the Development Plan unless it applies for and receives the approval of the Minister to appropriate amendments to the Feasibility Report, which approval may not be unreasonably withheld. Any such application shall be accompanied by the processing fee required by Section 16.1.
Capital Expenditures; Construction a. Upon the issuance to the Company of a Mining License pursuant to Section 5 and until the termination or surrender of such license in accordance with this Agreement, subject to any delays as a result of any of the events contemplated in Section 6.2(b), Section 19.11, Section 24.5 or Section 29, the Company shall use commercially reasonable efforts in good faith to:
Capital Expenditures; Construction a. The Concessionaire shall use commercially reasonable efforts to incur capital expenditures and commence and continue construction, acquisition and installation of the relevant Mines, Mining Plants, Infrastructure and related equipment, all in accordance in all material respects with the Modified Bid Materials and all applicable Feasibility Studies. The Concessionaire shall use commercially reasonable efforts in good faith to cause capacity demonstration tests to occur if sufficient reserves have been found (i) for the Non-Goma Mines, (x) on or prior to the fourth anniversary of the Effective Date (such test, the “Phase I Capacity Test” and such date, the “Phase I Capacity Test Date”) and (y) on or prior to the sixth anniversary of the Effective Date (such test, the “Phase II Capacity Test” and such date, the “Phase II Capacity Test Date”) and (ii) for each of the Goma Mines, the Additional Concession Area Mines and the Contiguous Area Mines, within the period of time provided in the applicable Approved Feasibility Study. The Concessionaire may not make material changes in the schedules, expenditures, capacity, or other production plans from those set forth in the Modified Bid Materials or applicable Approved Feasibility Study unless it applies for and receives the approval of the Minister, which approval may not be unreasonably withheld.
