Common use of Grantor Rights Clause in Contracts

Grantor Rights. (a) Any one or more of the Indemnified Parties shall have the right, but not the obligation, to access the Operating Records in order to verify that Mining Operations at the Mines comply with Mining Industry Best Practices and the Operating Parameters, and to exercise their respective Grantor Regulatory Rights (the “Inspection Right”). The Indemnitor Parties shall ensure that the Indemnified Parties are able to exercise the Inspection Right during normal operating hours on working days at the expense of the Indemnified Parties and in a manner that does not unreasonable hinder, delay, or interfere with the Indemnitor Parties’ operations, provided that the Indemnified Parties shall deliver five days’ prior written notice to the Administrative Agent before exercising the Inspection Right. In addition, any Inspection Right related to the Mining Operations at the Mines and the Operating Parameters will be conducted in accordance with applicable health and safety standards for the Mines. (b) To the extent that the Grantor determines, in its sole and absolute discretion, that any proposed Permit Modification or any proposed modification to the Operating Parameters represents a material risk to an Indemnified Party, any one or more of the Indemnified Parties shall have the unfettered right to make submissions to the relevant Governmental Authorities in respect of each application for additional Permits and each request for a Permit Modification, and exercise any other rights available to such Indemnified Parties under applicable Law (including injunctive rights), as applicable, in their sole and absolute discretion (the “ Grantor Regulatory Rights”). The Indemnitors shall not assert, and shall cause the Indemnitor Parties (including the Administrative Agent) not to assert, that any Indemnified Party owes any duty to the Indemnitors, any of the Indemnitor Parties or any other Person, or otherwise is restricted or prohibited in any way from exercising the Grantor Regulatory Rights or otherwise acting in the best interests of any such Indemnified Party in connection with the exercise of any of the Grantor Regulatory Rights. (c) The Indemnified Parties may use any non-public information obtained pursuant to the Inspection Rights to confirm compliance by the Indemnitor Parties under these Operating Parameters and Indemnity and in furtherance of the exercise of the Grantor Regulatory Rights, and shall not use such non-public information for any other purpose.

Grantor Rights. (a) Any one or more of the Indemnified Parties shall have the right, but not the obligation, to access the Operating Records in order to verify that Mining Operations at the Mines Mine comply with Mining Industry Best Practices and the Operating Parameters, and to exercise their respective Grantor Regulatory Rights (the “"Inspection Right”"). The Indemnitor Parties shall ensure that the Indemnified Parties are able to exercise the Inspection Right during normal operating hours on working days at the expense of the Indemnified Parties and in a manner that does not unreasonable hinder, delay, or interfere with the Indemnitor Parties’ ' operations, provided that the Indemnified Parties shall deliver five days’ ' prior written notice to the Grantee Administrative Agent before exercising the Inspection Right. In addition, any Inspection Right related to the Mining Operations at the Mines Mine and the Operating Parameters will be conducted in accordance with applicable health and safety standards for the MinesMine. (b) To the extent that the Grantor Administrative Agent determines, in its sole and absolute discretion, that any proposed Permit Modification or any proposed modification to the Operating Parameters represents a material risk to an Indemnified Party, any one or more of the Indemnified Parties shall have the unfettered right to make submissions to the relevant Governmental Authorities in respect of each application for additional Permits and each request for a Permit Modification, and exercise any other rights available to such Indemnified Parties under applicable Law (including injunctive rights), as applicable, in their sole and absolute discretion (the “ "Grantor Regulatory Rights”"). The Indemnitors shall not assert, and shall cause the Indemnitor Parties (including the Grantee Administrative Agent) not to assert, that any Indemnified Party owes any duty to the Indemnitors, any of the Indemnitor Parties or any other Person, or otherwise is restricted or prohibited in any way from exercising the Grantor Regulatory Rights or otherwise acting in the best interests of any such Indemnified Party in connection with the exercise of any of the Grantor Regulatory Rights. (c) The Indemnified Parties may use any non-public information obtained pursuant to the Inspection Rights to confirm compliance by the Indemnitor Parties under these Operating Parameters and Indemnity and in furtherance of the exercise of the Grantor Regulatory Rights, and shall not use such non-public information for any other purpose.

Grantor Rights. (a) Any one or more of the Indemnified Parties shall have the right, but not the obligation, to access the Operating Records in order to verify that Mining Operations at the Mines Mine comply with Mining Industry Best Practices and the Operating Parameters, and to exercise their respective Grantor Regulatory Rights (the “Inspection Right”). The Indemnitor Parties shall ensure that the Indemnified Parties are able to exercise the Inspection Right during normal operating hours on working days at the expense of the Indemnified Parties and in a manner that does not unreasonable hinder, delay, or interfere with the Indemnitor Parties’ operations, provided that the Indemnified Parties shall deliver five days’ prior written notice to the Grantee Administrative Agent before exercising the Inspection Right. In addition, any Inspection Right related to the Mining Operations at the Mines Mine and the Operating Parameters will be conducted in accordance with applicable health and safety standards for the MinesMine. (b) To the extent that the Grantor Administrative Agent determines, in its sole and absolute discretion, that any proposed Permit Modification or any proposed modification to the Operating Parameters represents a material risk to an Indemnified Party, any one or more of the Indemnified Parties shall have the unfettered right to make submissions to the relevant Governmental Authorities in respect of each application for additional Permits and each request for a Permit Modification, and exercise any other rights available to such Indemnified Parties under applicable Law (including injunctive rights), as applicable, in their sole and absolute discretion (the “ “Grantor Regulatory Rights”). The Indemnitors shall not assert, and shall cause the Indemnitor Parties (including the Grantee Administrative Agent) not to assert, that any Indemnified Party owes any duty to the Indemnitors, any of the Indemnitor Parties or any other Person, or otherwise is restricted or prohibited in any way from exercising the Grantor Regulatory Rights or otherwise acting in the best interests of any such Indemnified Party in connection with the exercise of any of the Grantor Regulatory Rights. (c) The Indemnified Parties may use any non-public information obtained pursuant to the Inspection Rights to confirm compliance by the Indemnitor Parties under these Operating Parameters and Indemnity and in furtherance of the exercise of the Grantor Regulatory Rights, and shall not use such non-public information for any other purpose.

Grantor Rights. (a) Any one or more of the Indemnified Parties shall have the right, but not the obligation, to access the Operating Records in order to verify that Mining Operations at the Mines comply with Mining Industry Best Practices and the Operating Parameters, and to exercise their respective Grantor Regulatory Rights (the “"Inspection Right”"). The Indemnitor Parties shall ensure that the Indemnified Parties are able to exercise the Inspection Right during normal operating hours on working days at the expense of the Indemnified Parties and in a manner that does not unreasonable hinder, delay, or interfere with the Indemnitor Parties’ operations' operations , provided that the Indemnified Parties shall deliver five days’ ' prior written notice to the Administrative Agent before exercising the Inspection Right. In addition, any Inspection Right related to the Mining Operations at the Mines and the Operating Parameters will be conducted in accordance with applicable health and safety standards for the Mines. (b) To the extent that the Grantor determines, in its sole and absolute discretion, that any proposed Permit Modification or any proposed modification to the Operating Parameters represents a material risk to an Indemnified Party, any one or more of the Indemnified Parties shall have the unfettered right to make submissions to the relevant Governmental Authorities in respect of each application for additional Permits and each request for a Permit Modification, and exercise any other rights available to such Indemnified Parties under applicable Law (including injunctive rights), as applicable, in their sole and absolute discretion (the “ " Grantor Regulatory Rights”"). The Indemnitors shall not assert, and shall cause the Indemnitor Parties (including the Administrative Agent) not to assert, that any Indemnified Party owes any duty to the Indemnitors, any of the Indemnitor Parties or any other Person, or otherwise is restricted or prohibited in any way from exercising the Grantor Regulatory Rights or otherwise acting in the best interests of o f any such Indemnified Party in connection with the exercise of any of the Grantor Regulatory Rights. (c) The Indemnified Parties may use any non-public non -public information obtained pursuant to the Inspection Rights to confirm compliance by the Indemnitor Parties under these Operating Parameters and Indemnity and in furtherance of the exercise of the Grantor Regulatory Rights, and shall not use such non-public information for any other purpose.