Commingling of Ore. Lessee shall have the right to commingle ores from the Property with ores from other properties provided that Lessee weighs and samples Owner’s ores in accordance with sound mining and metallurgical practices and accounts for Owner’s share of production.
Commingling of Ore. Lessee may commingle ore from the Leased Premises with ore from other properties, either before or after concentration or beneficiation, so long as the data necessary to determine the weight and grade, both of the ore removed from the Leased Premises and the ore with which it is commingled, are obtained by Lessee. All such weight, grade and allocation calculations by Lessee shall be done in a manner recognized by the mining industry as practical and sufficient at that time.
Commingling of Ore. Before any Products from the Claims are commingled with ores and minerals from other properties, the Products from the Claims shall be measured and sampled in accordance with sound mining and metallurgical practices for moisture, metal, commercial minerals and other appropriate content. Representative samples of the Products shall be retained by the Royalty Payer and assays (including penalty substances) and other appropriate analyses of these samples shall be made before commingling to determine metal, commercial minerals and other appropriate content. Detailed records shall be kept by Royalty Payer showing measures, moisture, assays of metal, commercial and other appropriate content and penalty substances, and gross metal content of the Products. From this information, Royalty Payer shall determine the amount payable to Royalty Holder from Products from the Claims commingled with ores and minerals from other properties.
Commingling of Ore. 15.1 Lessee may commingle ore from the Leased Premises with ore from other properties, either before or after concentration or benificiation, so long as the data necessary to determine the weight and grade both of the ore removed from the Leased Premises and from the premises with which it is commingled, are obtained by Lessee. Lessee shall then use that weight and grade data to allocate Net Smelter Returns from the commingled ore between the Leased Premises and the other properties from which the commingled ore was removed. All such weight, grade and allocation calculations by Lessee shall be done in a manner recognized by the mining industry as practical and sufficient at that time.
Commingling of Ore. LESSEE may commingle ore from the LEASED PROPERTY with ore from other properties, either before or after concentration or beneficiation, provided that the method and procedures LESSEE uses to commingle the ore and to determine the weight and grade of the ore removed from the LEASED PROPERTY and of the ore with which it is commingled shall be a method recognized by the mining industry and conducted in accordance with generally accepted ac counting principles. LESSEE shall use that method to determine weight and grade and to allocate net returns from the commingled ore between the LEASED PROPERTY and the other properties from which the other commingled ore was removed and to assure that the share of production received by LESSOR is representative of the ore that was produced from the LEASED PROPERTY. All such weight, grade and allocation calculations by LESSEE shall be done in accordance with generally accepted accounting principles and in a manner recognized by the mining industry as practical and sufficient at that time. If it is impractical to determine which portions of any of the costs and expenses described in Paragraph 4.2.2 above are directly attributable to ore removed from the LEASED XXXXXXX GOLD GROUP, INC./XXXXXXX XXXXXXX, et al. EXPLORATION AGREEMENT AND OPTION TO LEASE
Commingling of Ore. Ore from the Property may be commingled with ores from the other or with ores produced from other Property owned or controlled by Globetech or any other party, provided that reasonable practices and procedures for weighing, sampling and assaying are adopted in order to determine the amounts of products derived from, or attributable to, ore mined or produced from the Property. Globetech shall ensure that accurate records of the results of such sampling, weighing and assaying with respect to any ore mined and produced from the Property. Capsicum shall have the right to examine such records at all reasonable times.
Commingling of Ore. Lessee shall have the right to commingle ores from the Property with ores from other properties provided that Lessee shall first determine the weight or volume of, sample and analyze all such ores, metals, minerals and mineral products before they are so mixed or commingled and accounts for Owner’s share of production. The right to commingle is granted for the purpose of transportation, storage, milling, processing, leaching and/or sale or disposition. In the event that commingling occurs, any determination of weight or volume, sampling and analysis shall be made in accordance with sound and generally accepted sampling and analytic practices and procedures. The weight or volume and the analysis so derived shall be used as the basis of allocation of earned mineral production royalties payable to Owner under this Agreement in the event of a sale by Lessee of any materials that are so mixed or commingled. Prior to commencing commingling, Lessee shall provide Owner with its commingling plan and allow Owner a period of sixty (60) days to review the plan and assure that Owner’s interests are protected.
Commingling of Ore. Lessee may commingle ore from the leased premises with ore from other properties, either before or after concentration or beneficiation, so long as the data necessary to determine the weight and grade, both of the ore removed from the leased premises and the ore with which it is commingled, are obtained by Lessee. Lessee shall then use that weight and grade data to allocate Gross Sales (as defined in Exhibit B) from the commingled ore between the leased premises and the other properties from which the other commingled ore was removed. All such weight, grade and allocation calculations by Lessee shall be done in a manner recognized by the mining industry as practical and sufficient at that time. If, in Lessxx'x xudgment, it is impractical to determine which portions of any of the costs and expenses described in Paragraph (a) above are directly attributable to ore removed from the leased premises, Lessee may allocate all such costs and expenses on a straight-line, per-ton basis among all ores that give rise to those expenses, in accordance with GAAP.
Commingling of Ore. 15.1 The Contractor may mill ore produced from the Mining Properties and from other mining properties operated by him in the same general area in a mill located on the mining property operated by him or under his control and may commingle for milling purposes ore produced from any of the mining properties as well as ore produced from the Mining Properties subject hereto with ore from other properties not subject to this Operating & Exploration contract. In such event the Contractor shall establish procedures for determining the content of metal in the ores produced from such properties by calculating on a metallurgical basis in accordance with sampling and mill efficiency experience, so that the production royalties applicable to ores produced from each of the properties from which ores are commingled may reasonably be determined. Records relating to comingled ores shall be available for inspection by Owner at all reasonable times. Such procedures and the records thereof may be questioned by the Owner at any time and submitted to arbitration in accordance with the rules of the American Arbitration Association if Owner believes that such procedures are resulting in a disadvantage to its property.
Commingling of Ore. Lessee shall have the right to commingle ores from the Property with ores from other properties provided that Lessee shall first determine the weight or volume of, sample and analyze all such ores, metals, minerals and mineral products before they are so mixed or commingled and accounts for Owner’s share of production. The right to commingle is granted for the purpose of transportation, storage, milling, processing, leaching and/or sale or disposition. In the event that commingling occurs, any determination of weight or volume, sampling and analysis shall be made in accordance with sound and generally accepted sampling and analytic practices and procedures. The weight or volume and the analysis so derived shall be used as the basis of allocation of earned mineral production royalties payable to Owner under this Agreement in the event of a sale by Lessee of any materials that are so mixed or commingled.
