Indigenous Matters. (a) The Sellers have no Knowledge of matters not disclosed in the Counterparty Public Records relating to: (i) the operations and assets associated with the material Portfolio Assets being subject to any Indigenous Claims; or (ii) any current or pending Indigenous Claims affecting the operations and assets associated with the material Portfolio Assets.
(b) The Sellers have no Knowledge of matters not disclosed in the Counterparty Public Records, relating to any offers to or, written or oral agreements with, Indigenous to provide benefits, pecuniary or otherwise, with respect to any of the operations and assets associated with the material Portfolio Assets that could affect any of the material Portfolio Asset.
(c) The Sellers have no Knowledge of matters not disclosed in the Counterparty Public Records relating to any material disputes or disturbances involving local communities.
Indigenous Matters. (a) The Buyer has no Knowledge of matters not disclosed publicly by the counterparties to its material stream and royalty assets or as otherwise disclosed to the Sellers in writing relating to: (i) the operations and assets associated with its material stream and royalty assets being subject to any Indigenous Claims, or, (ii) any current or pending Indigenous Claims affecting the operations and assets associated with stream and royalty assets.
(b) Buyer has no Knowledge of matters not disclosed publicly by the counterparties to its material stream and royalty assets or as otherwise disclosed to the Sellers in writing, relating to any offers to or, written or oral agreements with, Indigenous to provide benefits, pecuniary or otherwise, with respect to any of the operations and assets associated with its material stream and royalty assets that could affect any such asset.
(c) The Buyer has no Knowledge of matters not disclosed publicly by the counterparties to its material stream and royalty assets or as otherwise disclosed to the Sellers in writing relating to any material disputes or disturbances involving local communities.
Indigenous Matters. Except as set out in the Company Disclosure Letter, the Company has not received notice that the Business, the Palos Verdes Properties or the Palos Verdes Project are subject to any Indigenous Claims, and there are no current or pending Indigenous Claims or any actual or to the knowledge of the Company potential Indigenous archeological, burial, cultural or heritage sites or any specific or comprehensive claims with respect to Indigenous rights or treaty rights affecting the Palos Verdes Properties or the Palos Verdes Project.
Indigenous Matters. To the knowledge of the Company, no dispute between the Company and any local, native or indigenous group exists or is threatened or imminent with respect to any of the Company’s properties (including, without limitation, the Material Projects) or exploration activities. To the knowledge of the Company, there are no material land entitlement claims or indigenous land claims having been asserted or any legal actions relating to indigenous or community issues having been instituted with respect to its properties (including, without limitation, the Material Projects).
Indigenous Matters. (1) If information becomes available to the Borrower or Canada Infrastructure Bank or a change is proposed for, or made to the Project or otherwise, which would trigger the requirement for consultation following the Closing Date, the Borrower will work with Canada Infrastructure Bank to support procedural aspects related to the Crown’s legal duty to consult, and where appropriate, to accommodate Indigenous groups adversely affected by the Project. In such event, the Borrower shall propose a consultation plan, which shall be to Canada Infrastructure Bank’s reasonable satisfaction having regard to the procedural aspects of the Crown’s duty to consult, and which will include, at a minimum:
(i) a description of the Project, including Canada Infrastructure Bank’s role, which is sufficiently detailed, and which can form the basis of meaningful engagement with affected Indigenous groups;
(ii) a list of all Indigenous groups proposed to be contacted;
(iii) the methods by which communications will be undertaken;
(iv) a commitment to providing affected Indigenous groups with updates and information on the development, construction and operation of a Project;
(v) a proposal for creating a record of communications; and
(vi) a proposed time frame. The Borrower will carry out the consultation plan as approved by Canada Infrastructure Bank. It is understood by the Parties that any communications by the Borrower with Indigenous groups will be respectful and open. The Borrower will provide Canada Infrastructure Bank with a summary of all communications between the Borrower and affected Indigenous groups, including a summary of any issues or concerns raised by the affected Indigenous groups and an indication of how it is proposed that those issues and concerns will be addressed. The Borrower shall implement its ordinary course engagement best practices with respect to the Indigenous groups consistent with the Borrower’s current practices, which may include, but are not limited to: (i) respectful, early, ongoing and upfront coordination and communication; and (ii) providing updates and information on the development, construction and operation of a Project.
Indigenous Matters. There are no indigenous persons or groups or collective territories duly granted to said indigenous persons or groups, or Persons acting on behalf of any indigenous person or group, from which the Borrower or any of its Subsidiaries has received any notice of, or to the knowledge of the Borrower has any claim or assertion, written or oral, whether proven or unproven, in respect of indigenous or afro- descendant rights, indigenous title (including collective titles), treaty rights or any other indigenous interest in or in relation to all or any portion of its business or the Santa Xxxx Mining Property or the Ancillary Mining Properties. The Borrower has made available to the Administrative Agent all material correspondence, notices and other documents of which the Borrower is aware, from or involving any indigenous person or group or any Person acting on behalf of any indigenous person or group relating to its business, the Santa Xxxx Mining Property, the Ancillary Mining Properties or the Santa Xxxx Project, including any such correspondence, notices or other documents regarding any impact benefit agreements or other similar arrangements that have been proposed to any indigenous person or group potentially affected by its business or the Santa Xxxx Project. The Borrower’s consultation and dealings with indigenous persons and groups to date regarding the proposed exploration, development, construction, operation, closure and rehabilitation of the Santa Xxxx Mining Property, the Ancillary Mining Properties and the Santa Xxxx Project have been consistent in scope with similar projects of that nature and consistent with Canadian mining industry best practices.
Indigenous Matters. (i) Section 3.1(r)(i) of the Company Disclosure Schedule sets out a list of all impact benefit agreements or similar Contracts with Indigenous Groups to which any of the Company and its Subsidiaries is a party (“Indigenous Group Contracts”). Other than the Indigenous Group Contracts, neither the Company and its Subsidiaries nor any Person acting on behalf of the Company and its Subsidiaries is currently in discussions or negotiations with any Indigenous Group with respect to entering into a new Indigenous Group Contract or terminating, amending, modifying or supplementing any Indigenous Group Contract. The Company has made available to the Purchaser true and complete copies of all Indigenous Group Contracts. Neither the Company nor any of its Subsidiaries is in material default under any Indigenous Group Contract. Each Indigenous Group Contract is in full force and effect, and the Company and its Subsidiaries are entitled to the benefit of each such Indigenous Group Contract in accordance with its terms.
(ii) No authorized legal representative of any community (including any Indigenous Group) in the vicinity of Company Properties, Company Surface Rights or Company Mineral Rights has notified in writing the Company or any of its Subsidiaries of a requirement that (i) the consent of such community be obtained as a condition to continued occupation or use by the Company and its Subsidiaries of any Company Properties, Company Surface Rights or Company Mineral Rights or (ii) payments are owing as a condition to the continued occupation or use of any Company Properties, Company Surface Rights or Company Mineral Rights. No dispute exists or, to the knowledge of the Company, is threatened between a community group (including an Indigenous Group) and the Company or any of its Subsidiaries with respect to the Company Properties, Company Surface Rights or Company Mineral Rights.
Indigenous Matters. (1) To the knowledge of New Gold, the Indigenous Groups listed in Section (1) of Schedule 3.1(l) of the New Gold Disclosure Letter are the only Indigenous Groups that have asserted an Indigenous Claim in connection with the Project;
(2) Other than as set out in Section (2) of Schedule 3.1(l) of the New Gold Disclosure Letter, to the knowledge of New Gold, there are no current, pending or threatened claims by any Indigenous Group that could reasonably be expected to prevent or materially impair, the exploration, development, construction and operation of the Project;
(3) Other than as set out in Section (3) of Schedule 3.1(l) of the New Gold Disclosure Letter, to the knowledge of New Gold, New Gold and its Affiliates are in material compliance with the First Nations Agreements, and have received no notification of, and have not asserted any, material breach of any First Nations Agreement, in each case including the Participation Agreement; and
(4) Other than as set out in Schedule 2.1(d) of the New Gold Disclosure Letter, to the knowledge of New Gold, there is no memorandum of agreement, exploration, impact and benefit or any other written agreement in effect between New Gold or any of its Affiliates with any Indigenous Group in connection with the Project or the Purchased Assets;
Indigenous Matters. (1) to the knowledge of Artemis, the Indigenous Groups listed in the Artemis Disclosure Letter are the only Indigenous Groups that have asserted an Indigenous Claim in connection with the GK Project;
(2) to the knowledge of Artemis, there are no current, pending or threatened claims by any Indigenous Group that could reasonably be expected to prevent or materially impair, the exploration, development, construction and operation of the GK Project; and
(3) there is no memorandum of agreement, exploration, impact and benefit or any other written or oral agreement between Artemis or any of its Affiliates and any Indigenous Group respecting Artemis’ or any of its Affiliates’ assets or operations, including the GK Project;
Indigenous Matters. 62.1 The University shall continue to develop its Indigenous Employment Strategy, including employment targets, consistent with the principles outlined below.
