Common use of Continuing Liabilities Upon Adjustments of Participating Interests Clause in Contracts

Continuing Liabilities Upon Adjustments of Participating Interests. Any reduction of a Participant's Participating Interest under this Section 6 shall not relieve such Participant of its share of any liability, whether it accrued before or after such reduction, arising out of Operations conducted prior to such reduction. For purposes of this Article 6, such Participant's share of such liability shall be equal to its Participating Interest at the time such liability was incurred. The increased Participating Interest accruing to a Participant as a result of the reduction of the other Participant's Participating Interest shall be free of royalties, liens or other encumbrances arising by, through or under such other Participant, other than those existing at the time the Property was acquired or those to which both Participants have given their written consent. An adjustment to a Participating Interest need not be evidenced during the term of this Agreement by the execution and recording of appropriate instruments, but each Participant's Participating Interest shall be shown in the books of the Manager. However, either Participant, at any time upon the request of the other Participant, shall execute and acknowledge instruments necessary to evidence such adjustment in form sufficient for recording in the jurisdiction where the Property is located.

Appears in 2 contracts

Samples: Joint Venture Agreement (Idaho Consolidated Metals Corp), Global Settlement Agreement (Idaho Consolidated Metals Corp)

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Continuing Liabilities Upon Adjustments of Participating Interests. Any reduction of a Participant's Participating Interest under this Section 6 shall not relieve such Participant of its share of any liability, whether it accrued before or after such reduction, arising out of Operations conducted prior to such reduction. For purposes of this Article 6, such Participant's share of such liability shall be equal to its Participating Interest at the time such liability was incurred. The increased Participating Interest accruing to a Participant as a result of the reduction of the other Participant's Participating Interest shall be free of royalties, liens or other encumbrances arising by, through or under such other Participant, other than those existing at the time the Property Properties was acquired or those to which both Participants have given their written consent. An adjustment to a Participating Interest need not be evidenced during the term of this Agreement by the execution and recording of appropriate instruments, but each Participant's Participating Interest shall be shown in the books of the Manager. HoweverEither Participant, either Participanthowever, at any time upon the request of the other Participant, shall execute and acknowledge instruments necessary to evidence such adjustment in form sufficient for recording in the jurisdiction where the Property Properties is located.

Appears in 2 contracts

Samples: Joint Venture Agreement (Trend Mining Co), Joint Venture Agreement (Aurora Metals Bvi LTD)

Continuing Liabilities Upon Adjustments of Participating Interests. Any reduction of a Participant's ’s Participating Interest under this Section 6 Article VI shall not relieve such Participant of its share of any liabilityLiability, including Reclamation obligations, whether it accrued accrues before or after such reduction, arising out of Operations conducted prior to such reductionreduction or under the PSA. For the purposes of this Article 6VI, such Participant's ’s share of such liability shall be equal to its Participating Interest at the time such liability was incurred. The increased Participating Interest accruing to a Participant as a result of the reduction of the other Participant's ’s Participating Interest shall be free of royalties, liens or other encumbrances arising by, through or under such other Participant, other than those existing at the time the Property was Properties were acquired or those to which both Participants have given their written consent. An adjustment to a Participating Interest need not be evidenced during the term of this Agreement by the execution and recording of appropriate instruments, but each Participant's ’s Participating Interest shall be shown in the books of the Manager. However, either Participant, at any time upon the request of the other Participant, shall execute and acknowledge instruments necessary to evidence such adjustment in form sufficient for recording in the jurisdiction where the Property is Properties are located.

Appears in 2 contracts

Samples: Mining Venture Agreement (Us Energy Corp), Mining Venture Agreement (Crested Corp)

Continuing Liabilities Upon Adjustments of Participating Interests. Any reduction of a Participant's Participating Interest under this Section 6 Article VI shall not relieve such Participant of its share of any liability, whether it accrued accrues before or after such reduction, arising out of Operations conducted prior to such reduction. For purposes of this Article 6VI, such Participant's share of such liability shall be equal to its Participating Interest at the time such liability was incurred. The increased Participating Interest accruing to a Participant as a result of the reduction of the other another Participant's Participating Interest shall be free of royalties, liens or other encumbrances arising by, through or under such other Participant, other than those existing at the time the Property was acquired or those to which both all Participants have given their written consent. An adjustment to a Participating Interest need not be evidenced during the term of this Agreement by the execution and recording of appropriate instruments, but each Participant's Participating Interest shall be shown in the books of the ManagerOperator. However, either any Participant, at any time upon the request of the other another Participant, shall execute and acknowledge instruments necessary to evidence such adjustment in form sufficient for recording in the jurisdiction where the Property is located.

Appears in 2 contracts

Samples: Joint Venture Agreement (Stirrup Creek Gold LTD), Joint Venture Agreement (Stirrup Creek Gold LTD)

Continuing Liabilities Upon Adjustments of Participating Interests. Any reduction of a Participant's Participating Interest under this Section Article 6 shall not relieve such Participant of its share of any liability, whether it accrued accrues before or after such reduction, arising out of Operations conducted prior to such reduction. For purposes of this Article 6, such Participant's share of such liability shall be equal to its Participating Interest at the time such liability was incurred. The increased Participating Interest accruing to a Participant as a result of the reduction of the other Participant's Participating Interest shall be free of royalties, liens liens, or other encumbrances arising by, through through, or under such other Participant, other than those existing at the time the Property was Properties were acquired or those to which both Participants have given their written consent. An adjustment to a Participating Interest need not be evidenced during the term of this Agreement by the execution and recording of appropriate instruments, but each Participant's Participating Interest shall be shown in the books of the Manager. However, either Participant, at any time upon the request of the other Participant, shall execute and acknowledge instruments necessary to evidence such adjustment in form sufficient for recording in the jurisdiction where the Property is Properties are located.

Appears in 1 contract

Samples: Mining Venture Agreement (Teryl Resources Corp)

Continuing Liabilities Upon Adjustments of Participating Interests. Any reduction of a ParticipantSouthern's Participating Interest in the Joint Venture under this Section 6 shall not relieve such Participant Southern of its share of any liability, whether it accrued accrues before or after such reduction, arising out of Operations conducted prior to such reduction. For purposes of this Article Section 6, such ParticipantSouthern's share of such liability shall be equal to its Participating Interest at the time such liability was incurred. The increased Participating Interest accruing to a Participant Vittone as a result of the reduction of the other ParticipantSouthern's Participating Interest Inxxxxxx shall be free of royalties, liens or other encumbrances arising by, through or under such other Participantencumbrances, other than those existing at the time the Property was acquired or acquired, those to which both Participants have given their written consent, or the Net Profits Interest of Vittone. An adjustment to a Participating Interest need not be evidenced evxxxxxxx during the term of this Agreement by the execution and recording of appropriate instruments, but each Participant's Participating Interest shall be shown in the books of the ManagerOperator. However, either Participant, at any time upon the request of the other Participant, shall execute and acknowledge instruments necessary to evidence such adjustment in form sufficient for recording in the jurisdiction where the Property is located.

Appears in 1 contract

Samples: Joint Venture Agreement (Southern Energy Company, Inc.)

Continuing Liabilities Upon Adjustments of Participating Interests. Any reduction of a ParticipantBentley's Participating Interest in the Joint Venture under this Section 6 shall not relieve such Participant Bentley of its share of any liability, whether it accrued accrues before or after such reduction, arising out of Operations conducted prior to such reduction. For purposes of this Article Section 6, such ParticipantBentley's share of such liability shall be equal to its Participating Interest at the time such liability was incurred. The increased Participating Interest accruing to a Participant Siga as a result of the reduction of the other ParticipantBentley's Participating Interest shall be free of royalties, liens or other encumbrances arising by, through or under such other Participantencumbrances, other than those existing at the time the Property was acquired or acquired, those to which both Participants have given their written consent, or the Net Profits Interest of Siga. An adjustment to a Participating Interest need not be evidenced during the term of this Agreement by the execution and recording of appropriate instruments, but each Participant's Participating Interest shall be shown in the books of the ManagerOperator. However, either Participant, at any time upon the request of the other Participant, shall execute and acknowledge instruments necessary to evidence such adjustment in form sufficient for recording in the jurisdiction where the Property is located.

Appears in 1 contract

Samples: Joint Venture Agreement (Siga Resources Inc.)

Continuing Liabilities Upon Adjustments of Participating Interests. Any Subject to Article 9 any reduction or forfeiture of a Participant's ’s Participating Interest under this Section 6 shall not relieve such Participant of its share of any liability, liability whether it accrued accrues before or after such reductionreduction or forfeiture, arising out of Operations conducted prior to such reductionthereto. For purposes of this Article 6the foregoing, such Participant's ’s share of such liability shall be equal to its Participating Interest at the time such liability was incurred. The increased Participating Interest accruing to a Participant as a result of the reduction of the other Participant's ’s Participating Interest shall be free of royalties, liens or other encumbrances arising rising by, through or under such other Participant, other than those existing at the time the Property was acquired or those to which both all Participants have given their written consent. An Any adjustment to a Participating Interest need not be evidenced during the term of this Agreement by the execution and recording of appropriate instruments, but each Participant's ’s Participating Interest shall be shown in the books of the Manager. However, either any Participant, at any time upon the request of the other another Participant, shall execute and acknowledge instruments necessary to evidence such adjustment in form sufficient for recording in the jurisdiction where the Property is located.

Appears in 1 contract

Samples: Property Option Agreement

Continuing Liabilities Upon Adjustments of Participating Interests. Any reduction of a Participant's Participating Interest under this Section 6 Article VI shall not relieve such Participant of its share of any liability, whether it accrued accrues before or after such reduction, arising out of Operations conducted prior to such reduction. For purposes of this Article 6VI, such Participant's share of such liability shall be equal to its Participating Interest at the time such liability was incurred. The increased Participating Interest accruing to a Participant as a result of the reduction of the other Participant's Participating Interest shall be free of royalties, liens or other encumbrances arising by, through or under such other Participant, other than those existing at the time the Property was acquired or those to which both Participants have given their written consent. An adjustment to a Participating Interest need not be evidenced during the term of this Agreement by the execution and recording of appropriate instruments, but each Participant's Participating Interest shall be shown in the books of the ManagerOperator. However, either Participant, at any time upon the request of the other Participant, shall execute and acknowledge instruments necessary to evidence such adjustment in form sufficient for recording in the jurisdiction where the Property is are located.

Appears in 1 contract

Samples: Joint Venture Agreement (Stirrup Creek Gold LTD)

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Continuing Liabilities Upon Adjustments of Participating Interests. Any reduction of a Participant's ’s Participating Interest under this Section 6 Article 7 shall not relieve such Participant of its share of any liability, whether it accrued accrues before or after such reduction, arising out of Operations conducted prior to such reduction. For purposes of this Article 67, such Participant's ’s share of such liability shall be equal to its Participating Interest at the time such liability was incurred. The increased Participating Interest accruing to a Participant as a result of the reduction of the other Participant's ’s Participating Interest shall be free of royalties, liens or other encumbrances arising by, through or under such other Participant, other than those existing at the time the Property was Properties were acquired or those to which both Participants have given their written consent. An adjustment to a Participating Interest need not be evidenced during the term of this Agreement by the execution and recording of appropriate instruments, but each Participant's ’s Participating Interest shall be shown in the books of the Manager. However, either Participant, at any time upon the request of the other Participant, shall execute and acknowledge instruments necessary to evidence such adjustment in a form sufficient for recording in the jurisdiction where the Property is Properties are located.

Appears in 1 contract

Samples: Mining Earn in and Joint Venture Agreement (Pan American Lithium Corp)

Continuing Liabilities Upon Adjustments of Participating Interests. Any 6.6 No reduction of a Participant's Participating Interest under this Section Article 6 shall not relieve such Participant of its share of any liability, whether it accrued accrues before or after such reduction, arising out of Operations conducted prior to such reduction. For purposes of this Article 6, such Participant's share of such liability shall be equal to its Participating Interest at the time such liability was incurred. The increased Participating Interest accruing to a Participant as a result of the reduction of the other Participant's Participating Interest shall be free of royalties, liens or other encumbrances arising by, through through, or under such other Participant, other than those existing at the time the Property was Properties were acquired or those to which both Participants have given their written consent. An adjustment to a Participating Interest need not be evidenced during the term of this Agreement by the execution and recording of appropriate instruments, but each Participant's Participating Interest shall be shown in the books of the Manager. However, either Participant, at any time upon the request of the other Participant, shall execute and acknowledge instruments necessary to evidence such adjustment in form sufficient for recording in the jurisdiction where Province of British Columbia. Net Profits Royalty 6.7 Upon relinquishment of a Participant's entire Participating Interest as provided under paragraph (d) of Section 6.4 or Section 6.5, or Section 12.3, the Property is locatedremaining Participant shall quitclaim the interest in Net Profits Royalty to the withdrawn Participant.

Appears in 1 contract

Samples: Joint Venture Agreement (Sutcliffe Resources Ltd.)

Continuing Liabilities Upon Adjustments of Participating Interests. Any ------------------------------------------------------------------ reduction of a Participant's Participating Interest under this Section 6 Article VI shall not relieve such Participant of its share of any liability, whether it accrued accrues before or after such reduction, arising out of Operations conducted prior to such reduction. For purposes of this Article 6VI, such Participant's share of such liability shall be equal to its Participating Interest at the time such liability was incurred. The increased Participating Interest accruing to a Participant as a result of the reduction of the other Participant's Participating Interest shall be free of royalties, liens or other encumbrances arising by, through or under such other Participant, other than those existing at the time the Property was acquired provided herein or those to which both Participants have given their written consent. An adjustment to a Participating Interest need not be evidenced during the term of this Agreement by the execution and recording of appropriate instruments, but each Participant's Participating Interest shall be shown in the books of the Manager. However, either Participant, at any time upon the request of the other Participant, shall execute and acknowledge instruments necessary to evidence such adjustment in form sufficient for recording in the jurisdiction where the Property is Properties are located.

Appears in 1 contract

Samples: Mining Venture Agreement (Western Goldfields Inc)

Continuing Liabilities Upon Adjustments of Participating Interests. Any reduction of a ParticipantBig Rock's Participating Interest in the Joint Venture under this Section 6 shall not relieve such Participant Big Rock of its share of any liability, whether it accrued accrues before or after such reduction, arising out of Operations conducted prior to such reduction. For purposes of this Article Section 6, such ParticipantBig Rock's share of such liability shall be equal to its Participating Interest at the time such liability was incurred. The increased Participating Interest accruing to a Participant Siga as a result of the reduction of the other ParticipantBig Rock's Participating Interest shall be free of royalties, liens or other encumbrances arising by, through or under such other Participantencumbrances, other than those existing at the time the Property was acquired or acquired, those to which both Participants have given their written consent, or the Net Profits Interest of Siga. An adjustment to a Participating Interest need not be evidenced during the term of this Agreement by the execution and recording of appropriate instruments, but each Participant's Participating Interest shall be shown in the books of the ManagerOperator. However, either Participant, at any time upon the request of the other Participant, shall execute and acknowledge instruments necessary to evidence such adjustment in form sufficient for recording in the jurisdiction where the Property is located.

Appears in 1 contract

Samples: Joint Venture Agreement (Siga Resources Inc.)

Continuing Liabilities Upon Adjustments of Participating Interests. Any reduction of a Participant's Participating Interest under this Section Article 6 shall not relieve such Participant of its share of any liability, whether it accrued before or after such reduction, arising out of Operations conducted prior to such reduction. For purposes of this Article 6, such Participant's share of such liability shall be equal to its Participating Interest at the time such liability was incurred. The increased Participating Interest accruing to a Participant as a result of the reduction of the other Participant's Participating Interest shall be free of royalties, liens or other encumbrances arising by, through or under such other Participant, other than those existing at the time the Property was Properties were acquired or those to which both Participants have given their written consent. An adjustment to a Participating Interest need not be evidenced during the term of this Agreement by the execution and recording of appropriate instruments, but each Participant's Participating Interest shall be shown in the books of the Manager. However, either Participant, at any time upon the request of the other Participant, shall execute and acknowledge instruments necessary to evidence such adjustment in form sufficient for recording in the jurisdiction where the Property is Properties are located.

Appears in 1 contract

Samples: Stillwater West PGM Venture Agreement (Idaho Consolidated Metals Corp)

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