Common use of Interest in Properties and Endeavour Mineral Rights Clause in Contracts

Interest in Properties and Endeavour Mineral Rights. (i) All of Endeavour’s and its Subsidiaries’ material real properties (collectively, the “Endeavour Property”) and all of Endeavour’s and its Subsidiaries’ material mineral interests and rights (including any material claims, concessions, exploration licences, exploitation licences, prospecting permits, mining leases and mining rights, in each case, either existing under contract, by operation of Law or otherwise) (collectively, the “Endeavour Mineral Rights”), are accurately set forth in the Endeavour Public Documents. Other than the Endeavour Properties and the Endeavour Mineral Rights set out in the Endeavour Public Documents, neither Endeavour nor its Subsidiaries, owns or has any interest in any material real property or any material mineral interests and rights. (ii) Except as set forth in the Endeavour Public Documents, Endeavour or an Endeavour Material Subsidiary is the sole legal and beneficial owner of all right, title and interest in and to the Endeavour Property and the Endeavour Mineral Rights, free and clear of any material Liens. (iii) All of the Endeavour Mineral Rights have been properly located and recorded in compliance with applicable Law and are comprised of valid and subsisting mineral claims. (iv) The Endeavour Property and the Endeavour Mineral Rights are in good standing under applicable Law in all material respects and all work required to be performed and filed in respect thereof has been performed and filed, all Taxes, rentals, fees, expenditures and other payments in respect thereof have been paid or incurred and all filings in respect thereof have been made. (v) There is no material adverse claim against or challenge to the title to or ownership of the Endeavour Property or any of the Endeavour Mineral Rights. (vi) Endeavour or an Endeavour Material Subsidiary has the exclusive right to deal with the Endeavour Property and all of the Endeavour Mineral Rights. (vii) Except as set forth in the Endeavour Public Documents, no Person other than Endeavour and the Endeavour Material Subsidiaries has any interest in the Endeavour Property or any of the Endeavour Mineral Rights or the production or profits therefrom or any royalty in respect thereof or any right to acquire any such interest. (viii) Except as set forth in the Endeavour Public Documents, there are no back-in rights, earn-in rights, rights of first refusal or similar provisions or rights which would affect Endeavour’s or a Subsidiary’s interest in the Endeavour Property or any of the Endeavour Mineral Rights. (ix) There are no material restrictions on the ability of Endeavour and its Subsidiaries to use, transfer or exploit the Endeavour Property or any of the Endeavour Mineral Rights, except pursuant to the applicable Law. (x) Neither Endeavour nor any of its Subsidiaries has received any notice, whether written or oral, from any Governmental Entity of any revocation or intention to (i) revoke any interest of Endeavour or a Subsidiary in any of the Endeavour Property or any of the Endeavour Mineral Rights; (ii) require modifications to the terms of existing contractual arrangements with such Governmental Entities in relation to the Endeavour Mineral Rights, or (iii) not to renew any such interest in accordance with applicable Law. (xi) Endeavour and the Endeavour Material Subsidiaries have all surface rights, including fee simple estates, leases, easements, rights of way and permits or licences for operations from landowners or Governmental Entities permitting the use of land by Endeavour and its Subsidiaries, and mineral interests that are required to exploit the development potential of the Endeavour Property and the Endeavour Mineral Rights as contemplated in Endeavour Public Documents on or before the date hereof and no third party or group holds any such rights that would be required by Endeavour to develop the Endeavour Property or any of the Endeavour Mineral Rights as contemplated in Endeavour Public Documents on or before the date hereof. (xii) All mines located in or on the lands of Endeavour or any of its Subsidiaries, or lands pooled or unitized therewith, which have been abandoned by Endeavour or any of its Subsidiaries, have been abandoned in accordance with good mining practices and in material compliance with all applicable Laws, and all future abandonment, remediation and reclamation obligations known to Endeavour as of the date hereof have been accurately set forth in Endeavour Public Documents without misrepresentation.

Interest in Properties and Endeavour Mineral Rights. (i) All of Endeavour’s 's and its the Endeavour Material Subsidiaries’ ' material real properties (collectively, the “"Endeavour Property”") and all of Endeavour’s 's and its the Endeavour Material Subsidiaries’ ' material mineral interests and rights (including any material claims, concessions, exploration licences, exploitation licences, prospecting permits, mining leases and mining rights, in each case, either existing under contract, by operation of Law or otherwise) (collectively, the “"Endeavour Mineral Rights”"), are accurately set forth in the Endeavour Public Documents. Other than the Endeavour Properties and the Endeavour Mineral Rights set out in the Endeavour Public Documents, neither Endeavour nor its the Endeavour Material Subsidiaries, owns or has any interest in any material real property or any material mineral interests and rights. (ii) Except as set forth disclosed in the Endeavour Public Documents, Endeavour or an Endeavour Material Subsidiary is the sole legal and beneficial owner of all right, title and interest in and to the Endeavour Property and the Endeavour Mineral Rights, free and clear of any material Liens. (iii) All of the Endeavour Mineral Rights have been properly located and recorded in compliance with applicable Law and are comprised of valid and subsisting mineral claims. (iv) The Endeavour Property and the Endeavour Mineral Rights are in good standing under applicable Law in all material respects and all work required to be performed and filed in respect thereof has been performed and filed, all Taxes, rentals, fees, expenditures and other payments in respect thereof have been paid or incurred and all filings in respect thereof have been made. (v) There is no material adverse claim against or challenge to the title to or ownership of the Endeavour Property or any of the Endeavour Mineral Rights. (vi) Endeavour or an Endeavour Material Subsidiary has the exclusive right to deal with the Endeavour Property and all of the Endeavour Mineral Rights. (vii) Except as set forth disclosed in the Endeavour Public Documents, no Person other than Endeavour and the Endeavour Material Subsidiaries has any interest in the Endeavour Property or any of the Endeavour Mineral Rights or the production or profits therefrom or any royalty in respect thereof or any right to acquire any such interest. (viii) Except as set forth disclosed in the Endeavour Disclosure Letter or in the Endeavour Public Documents, there are no back-in rights, earn-in rights, rights of first refusal or similar provisions or rights which would affect Endeavour’s 's or a an Endeavour Material Subsidiary’s 's interest in the Endeavour Property or any of the Endeavour Mineral Rights. (ix) There are no material restrictions on the ability of Endeavour and its the Endeavour Material Subsidiaries to use, transfer or exploit the Endeavour Property or any of the Endeavour Mineral Rights, except pursuant to the applicable Law. (x) Neither Endeavour nor any of its the Endeavour Material Subsidiaries has received any notice, whether written or oral, from any Governmental Entity of any revocation or intention to (i) revoke any interest of Endeavour or a an Endeavour Material Subsidiary in any of the Endeavour Property or any of the Endeavour Mineral Rights; (ii) require modifications to the terms of existing contractual arrangements with such Governmental Entities in relation to the Endeavour Mineral Rights, or (iii) not to renew any such interest in accordance with applicable Law. (xi) Endeavour and the Endeavour Material Subsidiaries have all surface rights, including fee simple estates, leases, easements, rights of way and permits or licences for operations from landowners or Governmental Entities permitting the use of land by Endeavour and its the Endeavour Material Subsidiaries, and mineral interests that are required to exploit the development potential of the Endeavour Property and the Endeavour Mineral Rights as contemplated in Endeavour Public Documents on or before the date hereof and no third party or group holds any such rights that would be required by Endeavour to develop the Endeavour Property or any of the Endeavour Mineral Rights as contemplated in Endeavour Public Documents on or before the date hereof. (xii) All mines located in or on the lands of Endeavour or any of its the Endeavour Material Subsidiaries, or lands pooled or unitized therewith, which have been abandoned by Endeavour or any of its the Endeavour Material Subsidiaries, have been abandoned in accordance with good mining practices and in material compliance with all applicable Laws, and all future abandonment, remediation and - 52 – reclamation obligations known to Endeavour as of the date hereof have been accurately set forth in Endeavour Public Documents without misrepresentation.

Interest in Properties and Endeavour Mineral Rights. (i) All of Endeavour’s 's and its the Endeavour Material Subsidiaries’ ' material real properties (collectively, the “"Endeavour Property”") and all of Endeavour’s 's and its the Endeavour Material Subsidiaries’ ' material mineral interests and rights (including any material claims, concessions, exploration licences, exploitation licences, prospecting permits, mining leases and mining rights, in each case, either existing under contract, by operation of Law or otherwise) (collectively, the “Endeavour Mineral Rights”), are accurately set forth in the Endeavour Public Documents. Other than the Endeavour Properties and the Endeavour Mineral Rights set out in the Endeavour Public Documents, neither Endeavour nor its Subsidiaries, owns or has any interest in any material real property or any material mineral interests and rights.mate... (ii) Except as set forth disclosed in the Endeavour Public Documents, Endeavour or an Endeavour Material Subsidiary is the sole legal and beneficial owner of all right, title and interest in and to the Endeavour Property and the Endeavour Mineral Rights, free and clear of any material Liens.a... (iii) All of the Endeavour Mineral Rights have been properly located and recorded in compliance with applicable Law and are comprised of valid and subsisting mineral claims. (iv) The Endeavour Property and the Endeavour Mineral Rights are in good standing under applicable Law in all material respects and all work required to be performed and filed in respect thereof has been performed and filed, all Taxes, rentals, fees, expenditures and other payments in respect thereof have been paid or incurred and all filings in respect thereof have been made.... (v) There is no material adverse claim against or challenge to the title to or ownership of the Endeavour Property or any of the Endeavour Mineral Rights. (vi) Endeavour or an Endeavour Material Subsidiary has the exclusive right to deal with the Endeavour Property and all of the Endeavour Mineral Rights. (vii) Except as set forth disclosed in the Endeavour Public Documents, no Person other than Endeavour and the Endeavour Material Subsidiaries has any interest in the Endeavour Property or any of the Endeavour Mineral Rights or the production or profits therefrom or any royalty in respect thereof or any right to acquire any such interest.therefro... (viii) Except as set forth disclosed in the Endeavour Disclosure Letter or in the Endeavour Public Documents, there are no back-in rights, earn-in rights, rights of first refusal or similar provisions or rights which would affect Endeavour’s 's or a Subsidiary’s interest in the an Endeavour Property or any of the Endeavour Mineral Rights.Mat... (ix) There are no material restrictions on the ability of Endeavour and its the Endeavour Material Subsidiaries to use, transfer or exploit the Endeavour Property or any of the Endeavour Mineral Rights, except pursuant to the applicable Law. (x) Neither Endeavour nor any of its the Endeavour Material Subsidiaries has received any notice, whether written or oral, from any Governmental Entity of any revocation or intention to (i) revoke any interest of Endeavour or a Subsidiary in any of the an Endeavour Property or any of the Endeavour Mineral Rights; (ii) require modifications to the terms of existing contractual arrangements with such Governmental Entities in relation to the Endeavour Mineral Rights, or (iii) not to renew any such interest in accordance with applicable Law.Material Subsidi... (xi) Endeavour and the Endeavour Material Subsidiaries have all surface rights, including fee simple estates, leases, easements, rights of way and permits or licences for operations from landowners or Governmental Entities permitting the use of land by Endeavour and its Subsidiaries, and mineral interests that are required to exploit the development potential of the Endeavour Property and the Endeavour Mineral Rights as contemplated in Endeavour Public Documents on or before the date hereof and no third party or group holds any such rights that would be required by Endeavour to develop the Endeavour Property or any of the Endeavour Mineral Rights as contemplated in Endeavour Public Documents on or before the date hereof.b... (xii) All mines located in or on the lands of Endeavour or any of its the Endeavour Material Subsidiaries, or lands pooled or unitized therewith, which have been abandoned by Endeavour or any of its the Endeavour Material Subsidiaries, have been abandoned in accordance with good mining practices and in material compliance with all applicable Laws, and all future abandonment, remediation and reclamation obligations known to Endeavour as of the date hereof have been accurately set forth in Endeavour Public Documents without misrepresentation....