Common use of Entire Agreement, Binding Effect and Assignment Clause in Contracts

Entire Agreement, Binding Effect and Assignment. Randgold and Subco may assign all or any part of their rights under this Agreement to, and its obligations under this Agreement may be assumed by, a direct or indirect subsidiary of Randgold, provided that if such assignment and/or assumption takes place, Randgold shall continue to be liable jointly and severally with such subsidiary for all of its obligations hereunder. This Agreement shall be binding on and shall enure to the benefit of the Parties and their respective successors and permitted assigns. This Agreement (including the exhibits and schedules hereto and the Disclosure Letter) and the Confidentiality Agreement constitute the entire agreement, and supersede all other prior agreements and understandings, both written and oral, between the Parties, or any of them, with respect to the subject matter hereof and thereof and, except as expressly provided herein, this Agreement is not intended to and shall not confer upon any person other than the Parties any rights or remedies hereunder. Except as expressly permitted by the terms hereof, neither this Agreement nor any of the rights, interests or obligations hereunder may be assigned by either of the Parties without the prior written consent of the other Party.

Entire Agreement, Binding Effect and Assignment. Randgold and Subco Silver Wheaton may assign all or any part of their its rights under this Agreement to, and its obligations under this Agreement may be assumed by, a direct or indirect subsidiary of RandgoldSilver Wheaton, provided that if such assignment and/or assumption takes place, Randgold Silver Wheaton shall continue to be liable jointly and severally with such subsidiary for all of its obligations hereunder. This Agreement shall be binding on and shall enure to the benefit of the Parties and their respective successors and permitted assigns. This Agreement (including the exhibits and schedules hereto and the Disclosure Letter) and the Confidentiality Agreement constitute the entire agreement, and supersede all other prior agreements and understandings, both written and oral, between the Partiesparties, or any of them, with respect to the subject matter hereof and thereof and, except as expressly provided herein, this Agreement is not intended to and shall not confer upon any person other than the Parties any rights or remedies hereunder. Except as expressly permitted by the terms hereof, neither this Agreement nor any of the rights, interests or obligations hereunder may be assigned by either of the Parties without the prior written consent of the other Party.