Common use of Jurisdiction and Powers of the Arbitrator Clause in Contracts

Jurisdiction and Powers of the Arbitrator. (a) By submitting to arbitration under these Rules, the Parties shall be taken to have conferred on the Arbitrator the following jurisdiction and powers, to be exercised at the Arbitrator’s discretion subject only to these Rules and the relevant law with the object of ensuring the just, expeditious, economical and final determination of the dispute referred to arbitration. (b) Without limiting the jurisdiction of the Arbitrator at law, the Parties agree that the Arbitrator shall have jurisdiction to: (i) determine any question of law arising in the arbitration; (ii) determine any question as to the Arbitrator’s jurisdiction; (iii) determine any question of good faith, dishonesty or fraud arising in the dispute; (iv) order any Party to furnish further details of that Party’s case, in fact or in law; (v) proceed in the arbitration notwithstanding the failure or refusal of any Party to comply with these Rules or with the Arbitrator’s orders or directions, or to attend any meeting or hearing, but only after giving that Party written notice that the Arbitrator intends to do so; (vi) receive and take into account such written or oral evidence tendered by the Parties as the Arbitrator determines is relevant, whether or not strictly admissible in law; (vii) make one or more interim awards including any directions as to procedure to be followed on the arbitration; (viii) hold meetings and hearings, and make a decision (including a final decision) in Toronto, Ontario or elsewhere with the concurrence of the Parties thereto; (ix) order the Parties to produce to the Arbitrator, and to each other for inspection, and to supply copies of, any documents or other evidence or classes of documents in their possession or power which the Arbitrator determines to be relevant; and (x) make interim orders to secure all or part of any amount in dispute in the arbitration.

Appears in 7 contracts

Samples: Gold Purchase and Sale Agreement (Banro Corp), Gold Purchase and Sale Agreement (Banro Corp), Gold Purchase and Sale Agreement (Banro Corp)

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Jurisdiction and Powers of the Arbitrator. (a) By submitting to arbitration under these Rules, the Parties shall be taken to have conferred on the Arbitrator the following jurisdiction and powers, to be exercised at the Arbitrator’s discretion subject only to these Rules and the relevant law with the object of ensuring the just, expeditious, economical and final determination of the dispute referred to arbitration. (b) Without limiting the jurisdiction of the Arbitrator at law, the Parties agree that the Arbitrator shall have jurisdiction to: (i) determine any question of law arising in the arbitration; (ii) determine any question as to the Arbitrator’s jurisdiction; (iii) determine any question of good faith, dishonesty or fraud arising in the dispute; (iv) order any Party to furnish further details of that Party’s case, in fact or in law; (v) proceed in the arbitration notwithstanding the failure or refusal of any Party to comply with these Rules or with the Arbitrator’s orders or directions, or to attend any meeting or hearing, but only after giving that Party written notice that the Arbitrator intends to do so; (vi) receive and take into account such written or oral evidence tendered by the Parties as the Arbitrator determines is relevant, whether or not strictly admissible in law; (vii) make one or more interim awards including any directions as to procedure to be followed on the arbitrationawards; (viii) hold meetings and hearings, and make a decision (including a final decision) in Toronto, Ontario or elsewhere with the concurrence of the Parties thereto; (ix) order the Parties to produce to the Arbitrator, and to each other for inspection, and to supply copies of, any documents or other evidence or classes of documents in their possession or power which the Arbitrator determines to be relevant; and (x) make interim orders to secure all or part of any amount in dispute in the arbitration.

Appears in 4 contracts

Samples: Partial Royalty Repurchase and Amending Agreement (New Gold Inc. /FI), Free Cash Flow Royalty Agreement (New Gold Inc. /FI), Gold Purchase and Sale Agreement

Jurisdiction and Powers of the Arbitrator. (a) By submitting to arbitration under these Rules, the Parties shall be taken to have conferred on the Arbitrator the following jurisdiction and powers, to be exercised at the Arbitrator’s discretion subject only to these Rules and the relevant law with the object of ensuring the just, expeditious, economical and final determination of the dispute referred to arbitration. (b) Without limiting the jurisdiction of the Arbitrator at law, the Parties agree that the Arbitrator shall have jurisdiction to: (i) determine any question of law arising in the arbitration; (ii) determine any question as to the Arbitrator’s jurisdiction; (iii) determine any question of good faith, dishonesty or fraud arising in the dispute; (iv) order any Party to furnish further details of that Party’s case, in fact or in law; (v) proceed in the arbitration notwithstanding the failure or refusal of any Party to comply with these Rules or with the Arbitrator’s orders or directions, or to attend any meeting or hearing, but only after giving that Party written notice that the Arbitrator intends to do so; (vi) receive and take into account such written or oral evidence tendered by the Parties as the Arbitrator determines is relevant, whether or not strictly admissible in law; (vii) make one or more interim awards including any directions as to procedure to be followed on the arbitrationawards; (viii) hold meetings and hearings, and make a decision (including a final decision) in TorontoVancouver, Ontario British Columbia or elsewhere with the concurrence of the Parties thereto; (ix) order the Parties to produce to the Arbitrator, and to each other for inspection, and to supply copies of, any documents or other evidence or classes of documents in their possession or power which the Arbitrator determines to be relevant; and (x) make interim orders to secure all or part of any amount in dispute in the arbitration.

Appears in 4 contracts

Samples: Deed of Indemnity (Primero Mining Corp), Silver Purchase Agreement (Primero Mining Corp), Silver Purchase and Share Subscription Agreement (Goldcorp Inc)

Jurisdiction and Powers of the Arbitrator. (a) By submitting to arbitration under these Rulesrules, the Parties parties shall be taken to have conferred on the Arbitrator the following jurisdiction and powers, to be exercised at the Arbitrator’s discretion subject only to these Rules rules and the relevant law with the object of ensuring the just, expeditious, economical and final determination of the dispute referred to arbitration. (b) . Without limiting the jurisdiction of the Arbitrator at law, the Parties parties agree that the Arbitrator shall have jurisdiction to: (i) determine any question of law arising in the arbitration; (ii) determine any question as to the Arbitrator’s jurisdiction; (iii) determine any question of good faith, dishonesty or fraud arising in the dispute; (iv) order any Party to furnish further details of that Partyparty’s case, in fact or in law; (v) proceed in the arbitration notwithstanding the failure or refusal of any Party party to comply with these Rules rules or with the Arbitrator’s orders or directions, or to attend any meeting or hearing, but only after giving that Party written notice that the Arbitrator intends to do so; (vi) receive and take into account such written or oral evidence tendered by the Parties parties as the Arbitrator determines is relevant, whether or not strictly admissible in law; (vii) make one or more interim awards including any directions as to procedure to be followed on the arbitrationawards; (viii) hold meetings and hearings, and make a decision (including a final decision) in Toronto, Ontario or elsewhere with the concurrence of the Parties parties thereto; (ix) order the Parties parties to produce to the Arbitrator, and to each other for inspection, and to supply copies of, any documents or other evidence or classes of documents in their possession or power which the Arbitrator determines to be relevant; (x) order the preservation, storage, sale or other disposal of any property or thing under the control of any of the parties; and (xxi) make interim orders to secure all or part of any amount in dispute in the arbitration.

Appears in 2 contracts

Samples: Naming Rights Agreement, Naming Rights Agreement

Jurisdiction and Powers of the Arbitrator. (a) By submitting to arbitration under these Rules, the Parties shall be taken to have conferred on the Arbitrator the following jurisdiction and powers, to be exercised at the Arbitrator’s discretion subject only to these Rules and in accordance with the relevant law law, with the object of ensuring the just, expeditious, economical and final determination of the dispute referred to arbitration. (b) Without limiting the jurisdiction of the Arbitrator at law, the Parties agree that the Arbitrator shall have jurisdiction to: (i) determine any question of law arising in the arbitration; (ii) determine any question as to the Arbitrator’s jurisdiction; (iii) determine any question of good faith, dishonesty or fraud arising in the dispute; (iv) order any Party to furnish further details of that Party’s case, case in fact or in law; (v) proceed in the arbitration notwithstanding the failure or refusal of any Party to comply with these Rules or with the Arbitrator’s orders or directionsdirection, or to attend any meeting or hearing, but only after giving that Party written notice that the Arbitrator intends to do so; (vi) receive and take into account such written or oral evidence tendered by the Parties as the Arbitrator determines is relevant, whether or not strictly admissible in law; (vii) make one or more interim awards including any directions as to procedure to be followed on the arbitrationawards; (viii) hold meetings and hearings, hearings and make a decision (including a final decision) in Toronto, Ontario or elsewhere with the concurrence of the Parties thereto; (ix) order the Parties to produce to the Arbitrator, Arbitrator and to each other for inspection, inspection and to supply copies of, any documents or other evidence or classes of documents in their possession or power which the Arbitrator determines to be relevant; and; (x) order the preservation, storage, sale or other disposal of any property or thing under the control of either of the Parties; (xi) make interim orders order to secure all or part of any amount in dispute in the arbitration; and (xii) exercise the powers et out in section 11.02 and 11.03 of the Funding Agreement. (c) Without otherwise limiting the jurisdiction of the Arbitrator at law, the Arbitrator shall not make any order requiring the reimbursement of any part of the Amount to Her Majesty.

Appears in 2 contracts

Samples: Funding Agreement, Funding Agreement

Jurisdiction and Powers of the Arbitrator. (a) By submitting to arbitration under these Arbitration Rules, the Parties shall be taken to have conferred on the Arbitrator the following jurisdiction and powers, to be exercised at the Arbitrator’s 's discretion subject only to these Arbitration Rules and the relevant law with the object of ensuring the just, expeditious, economical and final determination of the dispute referred to arbitration. (b) Without limiting the jurisdiction of the Arbitrator at law, the Parties agree that the Arbitrator shall have jurisdiction to: (i) determine any question of law arising in the arbitration; (ii) determine any question as to the Arbitrator’s 's jurisdiction; (iii) determine any question of good faith, dishonesty or fraud arising in the dispute; (iv) order any Party to furnish provide further details of that Party’s 's case, in fact or in law; (v) proceed in with the arbitration notwithstanding the failure or refusal of any Party to comply with these Arbitration Rules or with the Arbitrator’s 's orders or directions, or to attend any meeting or hearing, but only after giving that Party written party notice that the Arbitrator intends to do so; (vi) receive and take into account such written or oral evidence tendered by the Parties as the Arbitrator determines is relevant, whether or not strictly admissible in law; (vii) make one or more interim awards including any directions as to procedure to be followed on the arbitrationawards; (viii) hold meetings and hearings, and make a decision (including a final decision) in Toronto, Ontario (or elsewhere with the concurrence of the Parties thereto); (ix) order the Parties to produce to the Arbitrator, and to each other for inspection, and to supply copies of, any documents or other evidence documents, except privileged documents, or classes of documents in their possession or power which the Arbitrator determines to be relevant; and; (x) order the preservation, storage, sale or other disposal of any property or thing under the control of any of the Parties; (xi) make interim orders to secure all or part of any amount in dispute in the arbitration; (xii) make any order as to the payment of costs of the arbitration, including legal fees on a solicitor and client basis; (xiii) include, as part of any award, the payment of interest at the rate determined by the Arbitrator from an appropriate date as determined by the Arbitrator; and (xiv) make any other order that the Arbitrator determines is just and reasonable in determining the matters in dispute.

Appears in 2 contracts

Samples: Governance Agreement, Governance Agreement

Jurisdiction and Powers of the Arbitrator. (a) By submitting to arbitration under these Rules, the Parties shall be taken to have conferred on the Arbitrator the following jurisdiction and powers, to be exercised at the Arbitrator’s discretion subject only to these Rules and the relevant law with the object of ensuring the just, expeditious, economical and final determination of the dispute referred to arbitration. (b) Without limiting the jurisdiction of the Arbitrator at law, the Parties agree that the Arbitrator shall have jurisdiction to: (i) determine any question of law arising in the arbitration; (ii) determine any question as to the Arbitrator’s jurisdiction; (iii) determine any question of good faith, dishonesty or fraud arising in the dispute; (iv) order any Party to furnish further details of that Party’s case, in fact or in law;, (v) proceed in the arbitration notwithstanding the failure or refusal of any Party to comply with these Rules or with the Arbitrator’s orders or directions, or to attend any meeting or hearing, but only after giving that Party written notice that the Arbitrator intends to do so; (vi) receive and take into account such written or oral evidence tendered by the Parties as the Arbitrator determines is relevant, whether or not strictly admissible in law; (vii) make one or more interim awards including any directions as to procedure to be followed on the arbitrationawards; (viii) hold meetings and hearings, and make a decision (including a final decision) in Toronto, Ontario or elsewhere with the concurrence of the Parties thereto; (ix) order the Parties to produce to the Arbitrator, and to each other for inspection, and to supply copies of, any documents or other evidence or classes of documents in their possession or power which the Arbitrator determines to be relevant; (x) order the preservation, storage, sale or other disposal of any property or thing under the control of any of the Parties; (xi) to make an award of interest in respect of any amount determined to be owing; (xii) make an award as to costs of the arbitration; and (xxiii) make interim orders to secure all or part of any amount in dispute in the arbitration.

Appears in 2 contracts

Samples: Assignment and Assumption of License Agreement (Arcadia Biosciences, Inc.), Assignment and Assumption of License Agreement (Arcadia Biosciences, Inc.)

Jurisdiction and Powers of the Arbitrator. (a) By submitting to arbitration under these Rules, the Parties shall be taken to have conferred on the Arbitrator the following jurisdiction and powers, to be exercised at the Arbitrator’s 's discretion subject only to these Rules and the relevant law with the object of ensuring the just, expeditious, economical and final determination of the dispute referred to arbitration. (b) Without limiting the jurisdiction of the Arbitrator at law, the Parties agree that the Arbitrator shall have jurisdiction to: (i) determine any question of law arising in the arbitration; (ii) determine any question as to the Arbitrator’s 's jurisdiction; (iii) determine any question of good faith, dishonesty or fraud arising in the dispute; (iv) order any Party to furnish further details of that Party’s 's case, in fact or in law; (v) proceed in the arbitration notwithstanding the failure or refusal of any Party to comply with these Rules or with the Arbitrator’s 's orders or directions, or to attend any meeting or hearing, but only after giving that Party written notice that the Arbitrator intends to do so; (vi) receive and take into account such written or oral evidence tendered by the Parties as the Arbitrator determines is relevant, whether or not strictly admissible in law; (vii) make one or more interim awards including any directions as to procedure to be followed on the arbitrationawards; (viii) hold meetings and hearings, and make a decision (including a final decision) in Toronto, Ontario or elsewhere with the concurrence of the Parties thereto; (ix) order the Parties to produce to the Arbitrator, and to each other for inspection, and to supply copies of, any documents or other evidence or classes of documents in their possession or power which the Arbitrator determines to be relevant; and (x) make interim orders to secure all or part of any amount in dispute in the arbitration.

Appears in 1 contract

Samples: Option Agreement (Halo Resources LTD)

Jurisdiction and Powers of the Arbitrator. (a) By submitting to arbitration under these the Arbitration Rules, the Parties shall be taken to have conferred on the Arbitrator the following jurisdiction and powers, to be exercised at the Arbitrator’s discretion subject only to these the Arbitration Rules and the relevant law law, with the object of ensuring the just, expeditious, economical and final determination of the dispute Dispute referred to arbitration. (b) Without limiting the jurisdiction of the Arbitrator at law, the Parties agree that the Arbitrator shall have jurisdiction to: (i) determine any question of law arising in the arbitration; (ii) determine any question as to the Arbitrator’s jurisdiction; (iii) determine any question of good faith, dishonesty or fraud faith arising in the disputeDispute; (iv) order any Party make such procedural rules as the Arbitrator determines are appropriate with respect to furnish further details the conduct of that Party’s case, in fact or in lawthe proceedings; (v) determine the nature and extent of discovery, if any; (vi) proceed in the arbitration notwithstanding the failure or refusal of any Party to comply with these the Arbitration Rules or with the Arbitrator’s orders or directions, or to attend any meeting or hearing, but only after giving that Party written notice that the Arbitrator intends to do so; (vivii) order any Party to furnish further details of that Party’s case, in fact or in law; (viii) receive and take into account such written or oral evidence tendered by the Parties as the Arbitrator determines is relevant, whether or not strictly admissible in law; (vii) make one or more interim awards including any directions as to procedure to be followed on the arbitration; (viiiix) hold meetings and hearings, and make a decision (including a final decision) in Toronto, Ontario or elsewhere with the concurrence of the Parties thereto; (ixx) order the Parties to produce to the Arbitrator, and to each other for inspection, and to supply copies of, any documents or other evidence or classes of documents in their possession or power which the Arbitrator determines to be relevant; (xi) order the preservation, storage, sale or other disposal of any property or thing under the control of any of the Parties; (xii) make one or more interim awards; (xiii) to make an award of interest in respect of any amount determined to be owing; (xiv) make an award as to costs of the arbitration; and (xxv) make interim orders to secure all or part of any amount in dispute in the arbitration.

Appears in 1 contract

Samples: Master E Fare Collection Outsourcing Agreement

Jurisdiction and Powers of the Arbitrator. (a) By submitting to arbitration under these Rules, the Parties shall be taken to have conferred on the Arbitrator the following jurisdiction and powers, to be exercised at the Arbitrator’s discretion subject only to these Rules and the relevant law with the object of ensuring the just, expeditious, economical and final determination of the dispute referred to arbitration. (b) Without limiting the jurisdiction of the Arbitrator at law, the Parties agree that the Arbitrator shall have jurisdiction to: (i) determine any question of law arising in the arbitrationarbitration including claims in tort, contract or relating to the validity of the Agreement or any Closing Document; (ii) determine any question as to the Arbitrator’s jurisdiction; (iii) determine any question of good faith, dishonesty or fraud arising in the dispute; (iv) order any Party to furnish further details of that Party’s case, in fact or in law; (v) proceed in the arbitration notwithstanding the failure or refusal of any Party to comply with these Rules or with the Arbitrator’s orders or directions, or to attend any meeting or hearing, but only after giving that Party written notice that the Arbitrator intends to do so; (vi) receive and take into account such written or oral evidence tendered by the Parties as the Arbitrator determines is relevant, whether or not strictly admissible in law; (vii) make one or more interim awards including any directions as to procedure to be followed on the arbitrationawards; (viii) hold meetings and hearings, and make a decision (including a final decision) in Toronto, Ontario or elsewhere with the concurrence of the Parties thereto; (ix) order the Parties to produce to the Arbitrator, and to each other for inspection, and to supply copies of, any documents or other evidence or classes of documents in their possession or power which the Arbitrator determines to be relevant; and; (x) order the preservation, storage, sale or other disposal of any property or thing under the control of any of the Parties; (xi) make interim orders to secure all or part of any amount in dispute in the arbitration; and (xii) make an award of interest in respect of any amount determined to be owing and make an award as to costs of the arbitration.

Appears in 1 contract

Samples: Asset Purchase Agreement (MDS Inc)

Jurisdiction and Powers of the Arbitrator. (a) By submitting to arbitration under these Rules, the Parties shall be taken to have conferred on the Arbitrator the following jurisdiction and powers, to be exercised at the Arbitrator’s discretion subject only to these Rules, the Arbitration Rules as modified by these Rules, and the relevant law with the object of ensuring the just, expeditious, economical and final determination of the dispute referred to arbitration. (b) Without limiting the jurisdiction of the Arbitrator at law, the Parties agree that the Arbitrator shall have jurisdiction to: (i) determine any question of law arising in the arbitration; (ii) determine any question as to the Arbitrator’s jurisdiction; (iii) determine any question of good faith, dishonesty or fraud arising in the dispute; (iv) order any Party to furnish further details of that Party’s case, in fact or in law; (v) proceed in the arbitration notwithstanding the failure or refusal of any Party to comply with these Rules or with the Arbitrator’s orders or directions, or to attend any meeting or hearing, but only after giving that Party written notice that the Arbitrator intends to do so; (vi) receive and take into account such written or oral evidence tendered by the Parties as the Arbitrator determines is relevant, whether or not strictly admissible in law; (vii) subject to section 11.3 of the Agreement, make one or more interim awards including any directions as to procedure to be followed on the arbitrationawards; (viii) hold meetings and hearings, and make a decision (including a final decision) in Toronto, Ontario or elsewhere with the concurrence of the Parties thereto; (ix) retain experts pursuant to Article 26 of the schedule to the Arbitration Rules; (x) order the Parties to produce to the Arbitrator, and to each other for inspection, and to supply copies of, any documents or other evidence or classes of documents in their possession or power which the Arbitrator determines to be relevant; and (xxi) subject to section 11.3 of the Agreement, make interim orders to secure all or part of any amount in dispute in the arbitration.

Appears in 1 contract

Samples: Purchase and Sale Agreement (FRANCO NEVADA Corp)

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Jurisdiction and Powers of the Arbitrator. (a) By submitting to arbitration under these Rulesrules, the Parties shall be taken to have conferred on the Arbitrator the following jurisdiction and powers, to be exercised at the Arbitrator’s discretion subject only to these Rules rules and the relevant law with the object of ensuring the just, expeditious, economical and final determination of the dispute referred to arbitration. (b) Without limiting the jurisdiction of the Arbitrator at law, the Parties agree that the Arbitrator shall have jurisdiction to: (i) determine any question of law arising in the arbitration; (ii) determine any question as to the Arbitrator’s jurisdiction; (iii) determine any question of good faith, dishonesty or fraud arising in the dispute; (iv) order any Party to furnish further details of that Party’s case, in fact or in law; (v) proceed in the arbitration notwithstanding the failure or refusal of any Party to comply with these Rules rules or with the Arbitrator’s orders or directions, or to attend any meeting or hearing, but only after giving that Party written notice that the Arbitrator intends to do so; (vi) receive and take into account such written or oral evidence tendered by the Parties as the Arbitrator determines is relevant, whether or not strictly admissible in law; (vii) make one or more interim awards including any directions as to procedure to be followed on the arbitration; (viii) hold meetings and hearings, and make a decision (including a final decision) in Toronto, Ontario or elsewhere with the concurrence of the Parties thereto; (ix) order the Parties to produce to the Arbitrator, and to each other for inspection, and to supply copies of, any documents or other evidence or classes of documents in their possession or power which the Arbitrator determines to be relevant; and (x) make interim orders to secure all or part of any amount in dispute in the arbitration.

Appears in 1 contract

Samples: Gold Purchase and Sale Agreement (Banro Corp)

Jurisdiction and Powers of the Arbitrator. (a) By submitting to arbitration under these Rules, the Parties shall be taken to have conferred on the Arbitrator the following jurisdiction and powers, to be exercised at the Arbitrator’s discretion subject only to these Rules and the relevant law with the object of ensuring the just, expeditious, economical and final determination of the dispute referred to arbitration. (b) Without limiting the jurisdiction of the Arbitrator at law, the Parties agree that the Arbitrator shall have jurisdiction to: (i) determine any question of law arising in the arbitration; (ii) determine any question as to the Arbitrator’s jurisdiction; (iii) determine any question of good faith, dishonesty or fraud arising in the dispute; (iv) order any Party to furnish further details of that Party’s case, in fact or in law; (v) proceed in the arbitration notwithstanding the failure or refusal of any Party to comply with these Rules or with the Arbitrator’s orders or directions, or to attend any meeting or hearing, but only after giving that Party written notice that the Arbitrator intends to do so; (vi) receive and take into account such written or oral evidence tendered by the Parties as the Arbitrator determines is relevant, whether or not strictly admissible in law; (vii) make one or more interim awards including any directions as to procedure to be followed on the arbitrationawards; (viii) hold meetings and hearings, and make a decision (including a final decision) in TorontoXxxxxxx, Ontario Xxxxxxx, Xxxxxx or elsewhere with the concurrence of the Parties thereto; (ix) order the Parties to produce to the Arbitrator, and to each other for inspection, and to supply copies of, any documents or other evidence or classes of documents in their possession or power which the Arbitrator determines to be relevant; and (x) make interim orders to secure all or part of any amount in dispute in the arbitration.

Appears in 1 contract

Samples: Option Agreement (Northwestern Mineral Ventures Inc.)

Jurisdiction and Powers of the Arbitrator. (a) By submitting to arbitration under these Rules, the Parties shall be taken to have conferred on the Arbitrator the following jurisdiction and powers, to be exercised at the Arbitrator’s discretion subject only to these Rules and the relevant law with the object of ensuring the just, expeditious, economical and final determination of the dispute referred to arbitration.. Legal*2702849.8 (b) Without limiting the jurisdiction of the Arbitrator at law, the Parties agree that the Arbitrator shall have jurisdiction to: (i) determine any question of law arising in the arbitration; (ii) determine any question as to the Arbitrator’s jurisdiction; (iii) determine any question of good faith, dishonesty or fraud arising in the dispute; (iv) order any Party to furnish further details of that Party’s case, in fact or in law; (v) proceed in the arbitration notwithstanding the failure or refusal of any Party to comply with these Rules or with the Arbitrator’s orders or directions, or to attend any meeting or hearing, but only after giving that Party written notice that the Arbitrator intends to do so; (vi) receive and take into account such written or oral evidence tendered by the Parties as the Arbitrator determines is relevant, whether or not strictly admissible in law; (vii) make one or more interim awards including any directions as to procedure to be followed on the arbitrationawards; (viii) hold meetings and hearings, and make a decision (including a final decision) in TorontoVancouver, Ontario British Columbia or elsewhere with the concurrence of the Parties thereto; (ix) order the Parties to produce to the Arbitrator, and to each other for inspection, and to supply copies of, any documents or other evidence or classes of documents in their possession or power which the Arbitrator determines to be relevant; and (x) make interim orders to secure all or part of any amount in dispute in the arbitration.. Legal*2702849.8 This is Schedule “C” to the Silver Purchase and Share Subscription Agreement between Minera Peñasquito S.A. de C.V., [ edited text ] S.à.x.x. and Goldcorp Inc. dated July _____, 2007 Terms per Agreement [ edited text ] Contract Completion Contract [ edited text ] Target [ edited text ] Reference Target Percentage ($ 000s) Date Xxxxx 0 [ edited text ] 20(a) 60% of oxides 20% 97,000 31-Dec-09 Xxxxx 0 [ edited text ] 20(b) 30,000 tpd 50% 242,500 30-Jun-11 Level 3 [ edited text ] 20(c) 60,000 tpd 30% 145,500 1-May-14 100% 485,000 Assumptions fore Examples in this Schedule Silver Production (koz) - 100% 2,000 6,000 10,000 15,000 20,000 Payable Silver (Silver Production @ 25%) 500 1,500 2,500 3,750 5,000 Average Market Price ($/oz) 9.00 9.00 9.00 9.00 9.00 Silver Purchase Price (Note 1) 3.90 3.90 3.90 3.92 3.93 Xxxxx 0 00-Xxx-00 0-Xxx-00 Xx Xxxxx 0 00-Xxx-00 15-May-11 Yes Level 3 1-May-14 31-Dec-13 Yes Redemption per Sec 20(a)(i) $ 000s 97,000 Less, per Sec 20(a)(ii) Payable Silver koz 2,000 Market Price less Silver Purchase Price ($9 - $3.90) $/oz 5.10 Multiplied by 20% % 20% (2,040) Legal*2702849.8 Net redemption per 20(a) $ 000s 94,960 Level 1 31-Dec-09 30-Jun-09 Yes Xxxxx 0 00-Xxx-00 00-Xxx-00 Xx Xxxxx 0 0-Xxx-00 31-Dec-13 Yes Redemption per Sec 20(b)(i) $ 000s 242,500 Less, per Sec 20(b)(ii) Payable Silver koz 6,375 Note 2 Market Price less Silver Purchase Price ($9 - $3.90) $/oz 5.095 Note 3 Multiplied by 50% % 50% (16,242) Net redemption per 20(b) $ 000s 226,258

Appears in 1 contract

Samples: Silver Purchase and Share Subscription Agreement (Silver Wheaton Corp.)

Jurisdiction and Powers of the Arbitrator. (a) By submitting to arbitration under these Rules, the Parties shall be taken to have conferred on the Arbitrator the following jurisdiction and powers, to be exercised at the Arbitrator’s discretion subject only to these Rules and the relevant law with the object of ensuring the just, expeditious, economical and final determination of the dispute referred to arbitration. (b) Without limiting the jurisdiction of the Arbitrator at law, the Parties agree that the Arbitrator Arbitrators shall have jurisdiction to: (i) determine any question of law arising in the arbitration; (ii) determine any question as to the Arbitrator’s jurisdiction; (iii) determine any question of good faith, dishonesty or fraud arising in the dispute; (iv) order any Party to furnish further details of that Party’s case, in fact or in law; (v) proceed in the arbitration notwithstanding the failure or refusal of any Party to comply with these Rules or with the Arbitrator’s orders or directions, or to attend any meeting or hearing, but only after giving that Party written notice that the Arbitrator intends to do so; (vi) receive and take into account such written or oral evidence tendered by the Parties as the Arbitrator determines determine is relevant, whether or not strictly admissible in law; (vii) make one or more interim awards including any directions as to procedure to be followed on the arbitrationawards; (viii) hold meetings and hearings, and make a decision (including a final decision) in Toronto, Ontario or elsewhere with the mutual written concurrence of the Parties theretoParties; (ix) order the Parties to produce to the Arbitrator, and to each other for inspection, and to supply copies of, any documents and/or reports or other evidence or classes of documents in their possession or power which the Arbitrator determines to be relevant; and (x) make interim orders to secure all or part of any amount in dispute in the arbitration.

Appears in 1 contract

Samples: Net Smelter Return Royalty Agreement

Jurisdiction and Powers of the Arbitrator. (a) By submitting to arbitration under these Rulesrules and procedures, the Parties shall be taken to have conferred on the Arbitrator the following jurisdiction and powers, to be exercised at the Arbitrator’s discretion subject only to these rules and procedures, the Arbitration Rules and the relevant law with the object of ensuring the just, expeditious, economical and final determination of the dispute referred to arbitration. (b) Without limiting the jurisdiction of the Arbitrator at law, the Parties agree that the Arbitrator shall have jurisdiction to: (i) determine any question of law arising in the arbitration; (ii) determine any question as to the Arbitrator’s jurisdiction; (iii) determine any question of good faith, dishonesty or fraud arising in the dispute; (iv) order any Party to furnish further details of that Party’s case, in fact or in law; (v) proceed in the arbitration notwithstanding the failure or refusal of any Party to comply with these Rules or with the Arbitrator’s orders or directions, or to attend any meeting or hearing, but only after giving that Party written notice that the Arbitrator intends to do so; (vi) receive and take into account such written or oral evidence tendered by the Parties as the Arbitrator determines is relevant, whether or not strictly admissible in law; (vii) make one or more interim awards including any directions as to procedure to be followed on the arbitrationawards; (viii) hold meetings and hearings, and make a decision (including a final decision) in Toronto, Ontario or elsewhere with the concurrence of the Parties thereto; (ix) order the Parties to produce to the Arbitrator, and to each other for inspection, and to supply copies of, any documents or other evidence or classes of documents in their possession or power which the Arbitrator determines to be relevant; and (x) make interim orders to secure all or part of any amount in dispute in the arbitration.

Appears in 1 contract

Samples: Precious Metals Purchase and Sale Agreement (Royal Gold Inc)

Jurisdiction and Powers of the Arbitrator. (a) By submitting to arbitration under these Rules, the Parties shall be taken to have conferred on the Arbitrator the following jurisdiction and powers, to be exercised at the Arbitrator’s discretion subject only to these Rules and the relevant law with the object of ensuring the just, expeditious, economical and final determination of the dispute referred to arbitration. (b) Without limiting the jurisdiction of the Arbitrator at law, the Parties agree that the Arbitrator shall have jurisdiction to: (i) determine any question of law arising in the arbitration; (ii) determine any question as to the Arbitrator’s jurisdiction; (iii) determine any question of good faith, dishonesty or fraud arising in the dispute; (iv) order any Party to furnish further details of that Party’s case, in fact or in law; (v) proceed in the arbitration notwithstanding the failure or refusal of any Party to comply with these Rules or with the Arbitrator’s orders or directions, or to attend any meeting or hearing, but only after giving that Party written notice that the Arbitrator intends to do so; (vi) receive and take into account such written or oral evidence tendered by the Parties as the Arbitrator determines is relevant, whether or not strictly admissible in law; (vii) make one or more interim awards including any directions as to procedure to be followed on the arbitrationawards; (viii) hold meetings and hearings, and make a decision (including a final decision) in TorontoVancouver, Ontario British Columbia or elsewhere with the concurrence of the Parties thereto; (ix) order the Parties to produce to the Arbitrator, and to each other for inspection, and to supply copies of, any documents or other evidence or classes of documents in their possession or power which the Arbitrator determines to be relevant; and (x) make interim orders to secure all or part of any amount in dispute in the arbitration. YA17395 Lem 1 ARCC-SPR-BELLEKENO November 14, 1977 November 14, 2012 18 105M14 Mayo YA17396 Lem 2 ARCC-SPR-BELLEKENO November 14, 1977 November 14, 2012 18 105M14 Mayo YA17397 Lem 3 ARCC-SPR-BELLEKENO November 14, 1977 November 14, 2012 18 105M14 Mayo YC56115 K 88 F ARCC - BELLEKENO June 13, 2007 December 31, 2012 18 105M14 Mayo 14081 WHIPSAW OM00011 ERDC - BELLEKENO July 23, 1921 December 15, 2017 8.6 20.67 105M14 163 55050 Mayo 14327 EUREKA 2227 ERDC - BELLEKENO October 11, 1921 December 15, 2017 9 22.5 105M14 164 55050 Mayo 16087 EXTENSION 2226 ERDC - BELLEKENO November 24, 1925 December 15, 2017 15.4 38.01 105M14 173 55050 Mayo 16170 NOD FR. 2225 ERDC - BELLEKENO July 13, 1926 December 15, 2017 0.85 2 105M14 461 41801 Mayo 38730 SILVER FR. 2223 ERDC - BELLEKENO September 16, 1931 December 15, 2017 2.5 6.32 105M14 463 41801 Mayo 55120 CHANCE 2222 ERDC - BELLEKENO November 28, 1938 December 15, 2017 14.4 35.43 105M14 464 41801 Mayo 55327 SAM 2221 ERDC - BELLEKENO October 16, 1945 December 15, 2017 16.6 41.3 105M14 465 41801 Mayo 55333 DOE 2220 ERDC - BELLEKENO October 16, 1945 December 15, 2017 1.7 3.94 105M14 466 41801 Mayo 56443 APEX FR. OM00022 ERDC - BELLEKENO July 15, 1947 December 15, 2017 8.1 2.09 105M14 462 41791 Mayo 13073 RAM NM00042 ERDC - BELLEKENO June 4, 1920 October 17, 2020 20.8 51.65 105M14 170 55050 Mayo 12838 TUNDRA NM00043 ERDC - BELLEKENO October 27, 1919 November 1, 2020 20.7 51.65 105M14 152A 18946 Mayo 16097 DAVID NM00531 ARCC-SPR BELLEKENO December 8, 1925 November 2, 2027 11.1 27.66 105M14 455 41797 Mayo 55426 WILDCAT NM00532 ARCC-SPR BELLEKENO June 3, 1946 November 2, 2027 5.4 13.12 105M14 762 41565 Mayo 55429 BALTO NM00533 ARCC-SPR BELLEKENO June 6, 1946 November 2, 2027 21 51.61 105M14 763 41565 Mayo 55433 SUNRISE NM00534 ARCC-SPR BELLEKENO June 20, 1946 November 2, 2027 12.9 31.84 105M14 764 41565 Mayo 55445 SOLOMAN NM00535 ARCC-SPR BELLEKENO August 16, 1946 November 2, 2027 16 39.23 105M14 456 41797 Mayo 55446 SOL NM00536 ARCC-SPR BELLEKENO August 21, 1946 November 2, 2027 18.7 45.97 105M14 467 41802 Mayo 55592 FOX NM00539 ARCC-SPR BELLEKENO March 28, 1947 November 2, 2027 4.5 10.98 105M14 768 41565 Mayo INSERT DATE Silver Wheaton Corp. Dear Sirs, This Payment Notice is given pursuant to the Silver Purchase Agreement made as of INSERT DATE between (i) Silver Wheaton Corp. ("Silver Wheaton"), (ii) Elsa Reclamation & Development Company Ltd. and Alexco Resource Canada Corp. (collectively, the "Existing Owners"); and (iii) Alexco Resource Corp. ("Alexco"), as such agreement may be amended, supplemented or otherwise modified prior to the date hereof (the "Silver Purchase Agreement"). Capitalized terms, used but not otherwise defined herein, have the meanings given to them under the Silver Purchase Agreement. 1. The Existing Owners hereby request the following Payment: Amount U.S. $- Requested Payment Date - Payment Instructions - 2. The Existing Owners hereby represent and warrant to Silver Wheaton that: (i) attached hereto is a list and brief description of the costs and expenses (collectively, the "Current Costs") relating to the Project that the Payment will be used to pay or reimburse the Existing Owners and copies of all invoices relating to each item of Current Costs in excess of U.S. $200,000; (ii) the Current Costs (A) are Approved Project Costs, (B) are consistent with the Development Plan; and (C) have been paid or are now due and payable; and (D) are not in dispute; (iii) no previous Payment Notice has been delivered in connection with any Current Costs; (iv) after the payment of the Current Costs, the Payments remaining to be paid by Silver Wheaton, the balance in the Additional Equity Contribution Restricted Account, if any, and the funds available under the Permitted Initial Project Financing are sufficient to achieve Initial Completion by the Targetd Completion Date or December 31, 2011, as the case may be; (v) to the best of our knowledge and belief, Initial Completion will occur by the Targeted Completion Date or December 31, 2011, as the case may be; (vi) all of the representations and warranties made by the Existing Alexco Entities in the Silver Purchase Agreement and the Silver Wheaton Security Agreements are now, and shall be on the date that the Payment is made, true and correct in all material respects as of such date; and (vii) no breach or default, or any event or circumstance that with notice, the lapse of time of both would constitute a breach or default, by any Existing Alexco Entity under the Silver Purchase Agreement, any Silver Wheaton Security Agreements or any agreements relating to any Permitted Initial Project Financing has occurred and is continuing as of the date hereof or will have occurred and be continuing as of the date of that the Payment is made.

Appears in 1 contract

Samples: Silver Purchase Agreement (Alexco Resource Corp)

Jurisdiction and Powers of the Arbitrator. (a) By submitting to arbitration under these Rules, the Parties parties shall be taken to have conferred on the Arbitrator the following jurisdiction and powers, to be exercised at the Arbitrator’s discretion subject only to powers set out in this section. The Arbitrator will exercise jurisdiction and these powers as provided in these Rules and the relevant law with the object of ensuring the just, expeditious, economical and final determination of the dispute referred to arbitration. The Arbitrator shall not award punitive, consequential or exemplary damages. (b) Without limiting the jurisdiction of the Arbitrator at lawlaw and subject to paragraph (a) above, the Parties parties agree that the Arbitrator shall have jurisdiction to: (i) determine any question of law arising in the arbitration; (ii) determine any question as to the Arbitrator’s 's jurisdiction; (iii) determine any question of good faith, dishonesty dishonest or fraud arising in the dispute; (iv) order any Party party to furnish further details of that Party’s party's case, in fact or in law; (v) proceed in the arbitration notwithstanding the failure even if a party fails or refusal of any Party refuses to comply with these Rules or with the Arbitrator’s 's orders or directions, or to attend any meeting or hearing, but only after giving that Party party written notice that the Arbitrator intends to do so; (vi) receive and take into account such written or oral evidence tendered by the Parties parties as the Arbitrator determines is relevant, whether or not strictly admissible in law; (vii) make one or more interim awards including any directions as to procedure to be followed on the arbitrationawards; (viii) hold meetings and hearings, hearings and make a decision (including a final decision) in TorontoOntario or, Ontario or elsewhere with if the concurrence of the Parties theretoparties agree, elsewhere; (ix) order the Parties parties to produce to the Arbitrator, and to each other for inspection, and to supply copies of, any documents or other evidence or classes of documents in their possession or power which the Arbitrator determines to be relevant; (x) order the preservation, storage, sale or other disposal of any property or thing under the control of any of the parties; and (xxi) make interim orders to secure all or part of any amount in dispute in the arbitration.

Appears in 1 contract

Samples: Development and License Agreement (Tamboril Cigar Co)

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