Common use of Due Diligence Requirement Clause in Contracts

Due Diligence Requirement. Gold-Ore Owner agrees it will at a minimum conduct its own independent testing and measurement of the Pre-Recycled Gold Ore including representative samples of gold concentration and digital surveys for size/volume during its 30-Day Due Diligence Period (“Required Due Diligence”). Trust to supply Gold-Ore Owner at the start of its 30-Day Due Diligence Period with a list of five (5) Trust approved independent licensed, bonded, and insured geologists and five (5) Trust approved independent testing laboratories with the collective qualifications and capabilities to conduct the Required Due Diligence (“Approved Due Diligence Contractors”). Gold- Ore Owner expressly agrees it must utilize the Approved Due Diligence Contractors to conduct the Required Due Diligence. In the event Gold-Ore Owner can reasonably demonstrate the Approved Due Diligence Contractors cannot perform the Required Due Diligence on a timely or cost-effective basis, Trust shall as necessary supply up to five (5) additional Trust approved independent licensed, bonded, and insured geologists and five (5) additional Trust approved independent testing laboratories from which Gold-Ore Owner must then select. All Gold-Ore Owner due diligence investigations including testing/assay results, surveys, studies, opinions, valuations, appraisals, and other geological and operational feasibility related reports, studies, findings, and research for the Pre-Recycled Gold Ore and each mine premises comprising the Property undertaken by or for the benefit of Gold-Ore Owner, its affiliates or other related entities, including the Required Due Diligence, shall become the joint property of Gold-Ore Owner and Trust.

Appears in 4 contracts

Samples: Purchase Agreement, Gold Ore Purchase Agreement, Gold Ore Purchase Agreement

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