Common use of DUTIES AND OBLIGATIONS OF THE OPERATOR Clause in Contracts

DUTIES AND OBLIGATIONS OF THE OPERATOR. After the execution of this Agreement the Operator shall have such duties and obligations as the parties hereto may from time to time determine including, without limiting the generality of the foregoing, the following duties and obligations: (a) To implement Programs; (b) To manage, direct and control all exploration, development and producing operations in and under the Property, in a prudent and workman-like manner, and in compliance with all applicable laws, xxxxx, orders and regulations; (c) To prepare and deliver to the Parties during periods of active field work monthly progress reports of the work in progress and comprehensive annual reports on or before March 31 of every year covering the activities hereunder and the results obtained during the calendar year ending on December 31 immediately preceding; (d) Subject to the terms and conditions of this Agreement, to keep the Property in good standing free of liens, charges and encumbrances of every character arising from operations, (except liens for taxes not yet due, other inchoate liens and liens contested in good faith by the Operator), and to proceed with all diligence to contest or discharge any lien that is filed; (e) To maintain true and correct books, accounts and records of operations hereunder; (f) To permit the Parties, at their own expense, to inspect, take abstracts from or audit any or all of the records and accounts during normal business hours; (g) To obtain and maintain, or cause any contractor engaged hereunder to obtain and maintain, during any period in which active work is carried out hereunder, adequate insurance; (h) To permit the Parties or their representatives so appointed, at their own expense and risk, access to the Property and all data derived from carrying out work thereon; (i) To arrange for and maintain worker's compensation or equivalent coverage for all eligible employees engaged by the Operator in accordance with local statutory requirements; (j) To perform its duties and obligations in a manner consistent with good exploration and mining practices; (k) To transact, undertake and perform all transactions, contracts, employments, purchases, operations, negotiations with third Parties and any other matter or thing undertaken on behalf of the Parties in the Operator's name.

DUTIES AND OBLIGATIONS OF THE OPERATOR. After 10.1. The Operator agrees that during the execution term of this Agreement it shall: (a) carry out exploration and development work on the Property in accordance with recognized good and workmanlike exploration and engineering practices and in conformity in all respects with all applicable governmental mining laws and regulations; (b) keep the Property free of liens, including builder's liens and miner's liens, and should any liens be filed, remove the same within thirty (30) days of their filing; (c) propose budgets and work plans; (d) maintain the mineral rights comprising the Property in good standing; (e) at all times maintain and keep true and correct records of all expenditures incurred, as well as all other data necessary or proper for the settlement of accounts between the parties hereto in connection with their rights and obligations under this Agreement. Such records shall be open at all reasonable times upon reasonable notice for inspection by the Non-Operator as applicable or its duly authorized representative; (f) upon the termination of this Agreement, leave the Property in a safe condition in accordance with applicable statutes and regulations, including environmental restoration requirements; and (g) provide the non-Operator with an annual report within 30 days after each calendar year-end indicating expenditures made during such calendar year, the status of exploration on the Property and copies of factual data generated during operations; The non-Operator shall have such duties access to the Property and obligations to the Operator's exploration records with respect to the Property at all times provided that it shall not unduly interfere with or disrupt the activities of the Operator. Except as provided in section 12 below, all reports received by the parties hereto may non-Operator shall be kept confidential and shall not be released to any other party without the prior written consent of the Operator, which consent shall not be unreasonably withheld. 10.2. The Non-Operator agrees to indemnify and hold harmless the Operator from time to time determine includingand against any Losses arising out of or in connection with the Operator's operations or activities on the Property, without provided the Operator has complied with subsections 10.1(a) through (g) herein. Without limiting the generality of the foregoing, the non-Operator covenants and agrees to indemnify and save the Operator harmless from Losses resulting from any of the following duties and obligationsoccurrences where they are the result of the Operator's Mining Work on the Property in compliance with subsections 10.1(a) through (g) herein: (a) To implement Programsany material, spill, discharge, leak, emission, ejection, escape, dumping, or any release or threatened release of any kind, of any toxic or hazardous substance or waste (as defined by any applicable law) from, on in or under the Property, or into the environment, except releases permitted or otherwise authorized by such law; (b) To manage, direct and control all exploration, development and producing operations in and under the Property, in a prudent and workman-like manner, and in compliance with all applicable laws, xxxxx, orders and regulations;disposal or location on the Property of any toxic or hazardous substance or waste; and (c) To prepare and deliver to the Parties during periods of active field work monthly progress reports of the work in progress and comprehensive annual reports treatment or storage on or before March 31 of every year covering the activities hereunder and the results obtained during the calendar year ending on December 31 immediately preceding; (d) Subject to the terms and conditions of this Agreement, to keep the Property in good standing free of liens, charges and encumbrances of every character arising from operations, (except liens for taxes not yet due, other inchoate liens and liens contested in good faith by the Operator), and to proceed with all diligence to contest any toxic or discharge any lien that is filed; (e) To maintain true and correct books, accounts and records of operations hereunder; (f) To permit the Parties, at their own expense, to inspect, take abstracts from hazardous substance or audit any or all of the records and accounts during normal business hours; (g) To obtain and maintain, or cause any contractor engaged hereunder to obtain and maintain, during any period in which active work is carried out hereunder, adequate insurance; (h) To permit the Parties or their representatives so appointed, at their own expense and risk, access to the Property and all data derived from carrying out work thereon; (i) To arrange for and maintain worker's compensation or equivalent coverage for all eligible employees engaged by the Operator in accordance with local statutory requirements; (j) To perform its duties and obligations in a manner consistent with good exploration and mining practices; (k) To transact, undertake and perform all transactions, contracts, employments, purchases, operations, negotiations with third Parties and any other matter or thing undertaken on behalf of the Parties in the Operator's namewaste.

DUTIES AND OBLIGATIONS OF THE OPERATOR. After the execution of this Agreement the 14.1 The Operator shall have such duties and obligations as the parties hereto Management Committee may from time to time determine including, without limiting the generality of the foregoing, the following duties and obligations, subject to contribution of Costs by the Participants: (a) To to propose to the Participants and, if approved, to implement ProgramsPrograms and the Production Program; (b) To to manage, direct and control all exploration, development and producing operations in and under the Property, in a prudent and workman-like workmanlike manner, and in compliance with all applicable laws, xxxxxrules, orders and regulations; (c) To during the course of implementation of any Program and the Production Program, to submit to the Participants within 21 days after the end of each month statements for the month just ended detailing: (i) actual Costs compared to the Costs as budgeted; (ii) estimated Costs for the remainder of the Production Program; (iii) any other financial or accounting statements that a Participant may reasonably require from the Operator; (d) to prepare and deliver to the Parties during periods of active field work Participants the following written technical or other reports by the dates indicated: (i) a monthly status report covering the progress reports of the work in progress and comprehensive annual reports on or before March 31 implementation of every year covering the activities hereunder any Program and the results obtained Production Program or Operating Plan during each month, within 21 days after the calendar year ending on December 31 immediately precedingend of each month; (dii) Subject for the first three quarters of a year, a quarterly status report covering the overall progress of the implementation of any Program, the Production Program or Operating Plan during such quarter within 21 days after the end of each quarter; and (iii) for the fourth quarter of a year, a quarterly status report as provided above together with an annual review of all operations conducted by the Operator during the year, including an evaluation thereof and recommendations with respect thereto, an unaudited financial statement setting forth the Costs incurred and receipts, if any, received during such year and such other information as may be reasonably requested by the Participants, by March 1 of each next succeeding year; (e) subject to the terms and conditions of this Agreement, to keep the Property in good standing free of liens, charges and encumbrances Encumbrances of every character arising from operations, operations (except liens for taxes not yet due, other inchoate liens and liens contested in good faith by the Operator), and to proceed with all diligence to contest or discharge any lien that is filed; (ef) To to account to the Participants for all contributions to Costs and to use all reasonable efforts to limit or curtail Program Overruns or Production Program Overruns; (g) to maintain true and correct books, accounts and records of operations hereunder; (fh) To to permit the PartiesParticipants, at their own expense, to inspect, have access to, take abstracts from or audit all maps, drill logs, core tests, reports, surveys, assays, analyses, production reports, operations, technical, accounting and financial records, including any or all of the records and accounts referred to in subsection 14.1(f), during normal business hours; (gi) To to obtain and maintain, or cause any contractor engaged hereunder to obtain and maintain, during any period in which active work is carried out hereunder, adequate insuranceinsurance coverage with a bodily injury, death and property damage limit of not less than $10,000,000 per occurrence; (hj) To to permit the Parties Participants or their representatives so appointed, at their own expense and risk, access to the Property and all data derived from carrying out work thereon; (ik) To to arrange for and maintain worker's compensation Workers' Compensation or equivalent coverage for all eligible employees engaged by the Operator in accordance with local statutory requirements; (jl) To to perform its duties and obligations in a manner consistent with good exploration and mining practices; (km) To to pay all Goods and Services taxes on behalf of the Participants; (n) to keep and maintain the Facilities in good condition and repair and in efficient operating condition and to make or contract for, on behalf of the Participants, such alterations, improvements and additions thereto and replacements thereof as the Operator may deem necessary or advisable in the interest of economy and efficiency of operation, all in accordance with good mining and engineering practice; (o) to obtain by purchase, lease, lease-purchase or sale and lease-back arrangement or such other acquisition method as it shall determine is necessary or desirable and incur in connection therewith such obligations as it deems reasonable, such machinery, equipment, material, supplies and other facilities as may be required for the implementation of the Production Program and the operation of the Property as a mine; (p) to take such action in an emergency affecting the environment, the safety of life or of the Facilities as the Operator may deem necessary or desirable to prevent threatened loss of life, damage or injury and to take all reasonable precautions in connection with the Facilities for the safety of employees, the environment and the public including making reasonable expenditures in addition to budgeted Costs (without the prior approval of the Participants) provided that the Operator shall promptly notify the Participants of such expenditures; and (q) to transact, undertake and perform all transactions, contracts, employments, purchases, operations, negotiations with third Parties parties and any other matter or thing undertaken on behalf of the Parties parties in the Operator's name.