Common use of Custom Facilities Clause in Contracts

Custom Facilities. In the event Grantor carries out smelting, refining or other processing operations to produce Gold and Silver Bullion, Copper or Other Products in facilities owned or controlled, in whole or in part, by Grantor, which facilities were not constructed for the sole purpose of milling or processing raw or intermediate Products produced from the Royalty Property, then charges, costs and penalties for such smelting, refining or processing shall mean the amount Grantor would have incurred as “Allowable Deductions” under subsections (a)(i) or (b)(i) above if such smelting, refining or other processing operations were carried out at facilities not owned or controlled by Grantor, but in no event will such Allowable Deductions be greater than actual costs incurred by Grantor with respect to such smelting, refining or other processing.

Custom Facilities. In the event Grantor carries Grantors carry out smelting, refining or other processing operations to produce Gold and Silver Bullion, Copper Bullion or to recover the gold contained in Other Products in facilities owned or controlled, in whole or in part, by GrantorGrantors, which facilities were not constructed for the sole purpose of milling smelting, refining or processing raw crude or intermediate Products products produced from the Royalty PropertyProperties, then charges, costs and penalties for such smelting, refining or processing shall mean the amount Grantor Grantors would have incurred as “Allowable Deductions” under subsections (a)(i) or (b)(i) above if such smelting, refining or other processing operations were carried out at facilities not owned or controlled by GrantorGrantors, but in no event will such Allowable Deductions be greater than actual costs incurred by Grantor Grantors with respect to such smelting, refining or other processing.

Custom Facilities. In the event Grantor carries Grantors carry out smelting, refining or other processing operations to produce Gold and Silver Bullion, Copper Bullion or to recover the gold or copper contained in Other Products in facilities owned or controlled, in whole or in part, by GrantorGrantors, which facilities were not constructed for the sole purpose of milling smelting, refining or processing raw crude or intermediate Products products produced from the Royalty PropertyProperties, then charges, costs and penalties for such smelting, refining or processing shall mean the amount Grantor Grantors would have incurred as “Allowable Deductions” under subsections (a)(i) or (b)(i) above if such smelting, refining or other processing operations were carried out at facilities not owned or controlled by GrantorGrantors, but in no event will such Allowable Deductions be greater than actual costs incurred by Grantor Grantors with respect to such smelting, refining or other processing.

Custom Facilities. In the event Grantor carries out smelting, refining or other processing operations to produce Gold and Silver Bullion, Bullion or Copper or Other Products in facilities owned or controlled, in whole or in part, by Grantor, which facilities were not constructed for the sole purpose of milling or processing raw or intermediate Products produced from the either Royalty Property, then charges, costs and penalties for such smelting, refining or processing shall mean the amount Grantor would have incurred as “Allowable Deductions” under subsections (a)(i) or (b)(i) above if such smelting, refining or other processing operations were carried out at facilities not owned or controlled by Grantor, but in no event will such Allowable Deductions be greater than actual costs incurred by Grantor with respect to such smelting, refining or other processing.