Common use of Labor and Employee Benefits Clause in Contracts

Labor and Employee Benefits. (a) Salaries and wages of the Manager's employees directly engaged in Operations, including salaries or wages of employees who are temporarily assigned to and directly employed by same. (b) The Manager's cost of holiday, vacation, sickness and disability benefits, and other customary allowances applicable to the salaries and wages chargeable under Subparagraph 2.2(a) and Paragraph 2.12. Such costs may be charged on a "when and as paid basis" or by "percentage assessment" on the amount of salaries and wages. If percentage assessment is used, the rate shall be applied to wages or salaries excluding overtime and bonuses. Such rate shall be based on the Manager's cost experience and it shall be periodically adjusted at least annually to ensure that the total of such charges does not exceed the actual cost thereof to the Manager. (c) The Manager's actual cost of established plans for employees' group life insurance, hospitalization, pension, retirement, stock purchase, thrift, bonus (except production or incentive bonus plans under a union contract based on actual rates of production, cost savings and other production factors, and similar non-union bonus plans customary in the industry or necessary to attract competent employees, which bonus payments shall be considered salaries and wages under Subparagraph 2.2(a) or Paragraph 2.12 rather than employees' benefit plans) and other benefit plans of a like nature applicable to salaries and wages chargeable under Subparagraphs2.2(a) or Paragraph 2.12, provided that the plans are limited to the extent feasible to those customary in the industry. (d) Cost of assessments imposed by governmental authority that are applicable to salaries and wages chargeable under Subparagraph 2.2(a) and Paragraph 2.12, including all penalties except those resulting from the willful misconduct or gross negligence of the Manager.

Appears in 3 contracts

Samples: Equity Participation and Earn in Agreement (Entree Gold Inc), Equity Participation and Earn in Agreement (Entree Gold Inc), Equity Participation and Earn in Agreement (Entree Gold Inc)

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Labor and Employee Benefits. (a) Salaries and wages of the Manager's employees directly engaged in Operations, including salaries or wages of employees who are temporarily assigned to and directly employed by same. (b) The Manager's cost of holiday, vacation, sickness and disability benefits, and other customary allowances applicable to the salaries and wages chargeable under Subparagraph 2.2(aSUBPARAGRAPH 2.2(A) and Paragraph PARAGRAPH 2.12. Such costs may be charged on a "when and as paid basis" or by "percentage assessment" on the amount of salaries and wages. If percentage assessment is used, the rate shall be applied to wages or salaries excluding overtime and bonuses. Such rate shall be based on the Manager's cost experience and it shall be periodically adjusted at least annually to ensure that the total of such charges does not exceed the actual cost thereof to the Manager. (c) The Manager's actual cost of established plans for employees' group life insurance, hospitalization, pension, retirement, stock purchase, thrift, bonus (except production or incentive bonus plans under a union contract based on actual rates of production, cost savings and other production factors, and similar non-union bonus plans customary in the industry or necessary to attract competent employees, which bonus payments shall be considered salaries and wages under Subparagraph 2.2(aSUBPARAGRAPH 2.2(A) or Paragraph PARAGRAPH 2.12 rather than employees' benefit plans) and other benefit plans of a like nature applicable to salaries and wages chargeable under Subparagraphs2.2(aSUBPARAGRAPHS 2.2(A) or Paragraph PARAGRAPH 2.12, provided that the plans are limited to the extent feasible to those customary in the industry. (d) Cost of assessments imposed by governmental authority that are applicable to salaries and wages chargeable under Subparagraph 2.2(aSUBPARAGRAPH 2.2(A) and Paragraph PARAGRAPH 2.12, including all penalties except those resulting from the willful misconduct or gross negligence of the Manager.

Appears in 2 contracts

Samples: Agreement (Gryphon Gold Corp), Agreement (Golden Phoenix Minerals Inc /Mn/)

Labor and Employee Benefits. (a) Salaries and wages of the Manager's employees directly engaged in Operations, including salaries or wages of employees who are temporarily assigned to and directly employed by sameor in Operations. (b) The Manager's cost of holiday, vacation, sickness and disability benefits, and other customary allowances applicable to the salaries and wages chargeable under Subparagraph 2.2(a) and Paragraph 2.12. 2.12 of this Exhibit B. Such costs may be charged on a "when and as paid basis" or by "percentage assessment" on the amount of salaries and wages. If percentage assessment is used, the rate shall be applied to wages or salaries excluding overtime and bonuses. Such rate shall be based on the Manager's cost experience and it shall be periodically adjusted at least annually to ensure that the total of such charges does not exceed the actual cost thereof to the Manager. (c) The Manager's actual cost of established plans for employees' group life insurance, hospitalization, pension, retirement, stock purchase, thrift, bonus (except production or incentive bonus plans under a union contract based on actual rates of production, cost savings and other production factors, and similar non-union bonus plans customary in the industry or necessary or appropriate to attract competent employees, which bonus payments shall be considered salaries and wages under Subparagraph 2.2(a) or Paragraph 2.12 of this Exhibit B rather than employees' benefit plans) and other benefit plans of a like nature applicable to salaries and wages chargeable under Subparagraphs2.2(asaid Subparagraphs 2.2(a) or Paragraph 2.12, provided that the plans are limited to the extent feasible to those customary in the industry. (d) Cost of assessments imposed by governmental authority authorities that are applicable to salaries and wages chargeable under said Subparagraph 2.2(a) and Paragraph 2.12, including all penalties except those resulting from the willful misconduct or gross negligence of the Manager.

Appears in 2 contracts

Samples: Limited Liability Company Operating Agreement, Limited Liability Company Operating Agreement (Uranium Energy Corp)

Labor and Employee Benefits. (a) Salaries and wages of the ManagerOperator's employees directly engaged in Operations, including salaries or wages of employees who are temporarily assigned to and directly employed by same. (b) The ManagerOperator's cost of holiday, vacation, sickness and disability benefits, and other customary allowances applicable to the salaries and wages chargeable under Subparagraph paragraph 2.2(a) and Paragraph Subsection 2.12. Such costs may be charged on a "when and as paid basis" or by "percentage assessment" on the amount of salaries and wages. If percentage assessment is used, the rate shall be the applied to wages or salaries excluding overtime and bonuses. Such rate shall be based on the ManagerOperator's cost experience and it shall be periodically adjusted at least annually to ensure that the total of such charges does not exceed the actual cost thereof to the ManagerOperator. (c) The ManagerOperator's actual cost of established plans for employees' group life insurance, hospitalization, pension, retirement, stock purchase, thrift, bonus (except production or incentive bonus plans under a union contract based on actual rates of production, cost savings and other production factors, and similar non-union bonus plans customary in the industry or necessary to attract competent employees, which bonus payments shall be considered salaries and wages under Subparagraph paragraph 2.2(a) or Paragraph 2.12 Subsection 2.12; rather than employees' benefit plans) and other benefit plans of a like nature applicable to salaries and wages chargeable under Subparagraphs2.2(aparagraph 2.2(a) or Paragraph Subsection 2.12, provided that the plans are limited to the extent feasible to those customary in the industry. (d) Cost of assessments imposed by governmental authority that which are applicable to salaries and wages chargeable under Subparagraph paragraph 2.2(a) and Paragraph Subsection 2.12, including all penalties except those resulting from the willful misconduct or gross negligence of the ManagerOperator.

Appears in 2 contracts

Samples: Joint Venture Agreement (Siga Resources Inc.), Joint Venture Agreement (Siga Resources Inc.)

Labor and Employee Benefits. (a) 2.2.1 Salaries and wages of the Manager's ’s employees directly engaged in Operations, including salaries or wages of employees who are temporarily assigned to and directly employed by same. (b) 2.2.2 The Manager's ’s cost of holiday, vacation, sickness and disability benefits, and other customary allowances applicable to the salaries and wages chargeable under Subparagraph 2.2(a) Subsection 2.2.1 and Paragraph 2.12. Such costs may be charged on a "when and as paid basis" or by "percentage assessment" on the amount of salaries and wages. If percentage assessment is used, the rate shall be applied to wages or salaries excluding overtime and bonuses. Such rate shall be based on the Manager's cost experience and it shall be periodically adjusted at least annually to ensure that the total of such charges does not exceed the actual cost thereof to the ManagerSection 2.13 hereof. (c) 2.2.3 The Manager's ’s actual cost of established plans for employees' group life insurance, hospitalization, pension, retirement, stock purchase, thrift, bonus (except production or incentive bonus plans under a union contract based on actual rates of production, cost savings and other production factors, and similar non-union bonus plans customary in the industry or necessary to attract competent employees, which bonus payments shall be considered salaries and wages under Subparagraph 2.2(a) Subsection 2.2.1 or Paragraph 2.12 Section 2.13, rather than employees' benefit plans) and other benefit plans of a like nature applicable to salaries and wages chargeable under Subparagraphs2.2(a) Subsection 2.2.1 or Paragraph 2.12Section 2.13, provided that the plans are limited to the extent feasible to those customary in the industry. (d) 2.2.4 Cost of assessments imposed by governmental authority that which are applicable to salaries and wages chargeable under Subparagraph 2.2(a) Subsection 2.2.1 and Paragraph 2.12Section 2.13, including all penalties except those resulting from the willful misconduct or gross negligence of the Manager. 2.2.5 Those costs in Subsections 2.2.2, 2.2.3 and 2.2.4 may be charged on a “when and as paid basis” or by “percentage assessment” on the amount of salaries and wages. If percentage assessment is used, the rate shall be applied to wages or salaries excluding overtime and bonuses. Such rate shall be based on the Manager’s cost experience and it shall be periodically adjusted to ensure that the total of such charges does not exceed the actual cost thereof to the Manager.

Appears in 1 contract

Samples: Venture Agreement (Miranda Gold Corp)

Labor and Employee Benefits. (a) a. Salaries and wages of the Manager's employees directly engaged in Operations, including salaries or wages of employees who are temporarily assigned to and directly employed by same. (b) b. The Manager's cost of holiday, vacation, sickness and disability benefits, and other customary allowances applicable to the salaries and wages chargeable under Subparagraph 2.2(a) Section B.2a and Paragraph 2.12Section B.12. Such costs may be charged on a "when and as paid basis" or by "percentage assessment" on the amount of salaries and wages. If percentage assessment is used, the rate shall be applied to wages or salaries excluding overtime and bonuses. Such rate shall be based on the Manager's cost experience and it shall be periodically adjusted at least annually to ensure that the total of such charges does not exceed the actual cost thereof to the Manager. (c) c. The Manager's actual cost of established plans for employees' group life insurance, hospitalization, pension, retirement, stock purchase, thrift, bonus (except production or incentive bonus plans under a union contract based on actual rates of production, cost savings and other production factors, and similar non-union bonus plans customary in the industry or necessary to attract competent employees, which bonus payments shall be considered salaries and wages under Subparagraph 2.2(a) Section B.2.a or Paragraph 2.12 Section B.12 rather than employees' benefit plans) and other benefit plans of a like nature applicable to salaries and wages chargeable under Subparagraphs2.2(a) Sections 2.2.1 or Paragraph Section 2.12, provided that the plans are limited to the extent feasible to those customary in the industry. (d) d. Cost of assessments imposed by governmental authority that are applicable to salaries and wages chargeable under Subparagraph 2.2(a) and Paragraph 2.12Section B.2.a, including all penalties except those resulting from the willful misconduct or gross negligence of the Manager.

Appears in 1 contract

Samples: Joint Venture Agreement (Vista Gold Corp)

Labor and Employee Benefits. (a) 2.2.1 Salaries and wages of the Manager's ’s employees directly engaged in Operations, including salaries or wages of employees who are temporarily assigned to and directly employed by samethe Manager. (b) 2.2.2 The Manager's ’s cost of holiday, vacation, sickness and disability benefits, worker’s compensation and other customary allowances applicable to the salaries and wages chargeable under Subparagraph 2.2(a) and Paragraph 2.12. Such costs may be charged on a "when and as paid basis" or by "percentage assessment" on the amount of salaries and wages. If percentage assessment is used, the rate shall be applied to wages or salaries excluding overtime and bonuses. Such rate shall be based on the Manager's cost experience and it shall be periodically adjusted at least annually to ensure that the total of such charges does not exceed the actual cost thereof to the ManagerSubsection 2.2.1. (c) 2.2.3 The Manager's ’s actual cost of established plans for employees' group life insurance, hospitalization, pension, retirement, stock purchase, thrift, bonus (except production or incentive bonus plans under a union contract based on actual rates of production, cost savings and other production factors, and similar non-union bonus plans customary in the industry or necessary to attract competent employees, which bonus payments shall be considered salaries and wages under Subparagraph 2.2(a) or Paragraph 2.12 Subsection 2.2.1, rather than employees' benefit plans) and other benefit plans of a like nature applicable to salaries and wages chargeable under Subparagraphs2.2(a) or Paragraph 2.12Subsection 2.2., provided that the plans are limited to the extent feasible to those customary in the industry. (d) 2.2.4 Cost of assessments imposed by governmental authority that which are applicable to salaries and wages chargeable under Subparagraph 2.2(a) and Paragraph 2.12Subsection 2.2.1, including all penalties except those resulting from the willful misconduct or gross negligence of the Manager. 2.2.5 Those costs in Subsections 2.2.2, 2.2.3 and 2.2.4 may be charged on a “when and as paid basis” or by “percentage assessment” on the amount of salaries and wages. If percentage assessment is used, the rate shall be applied to wages or salaries excluding overtime and bonuses. Such rate shall be based on the Manager’s cost experience and it shall be periodically adjusted to ensure that the total of such charges does not exceed the actual cost thereof to the Manager.

Appears in 1 contract

Samples: Venture Agreement (New Jersey Mining Co)

Labor and Employee Benefits. (a) Salaries and wages of the Company's or the Manager's employees directly engaged in Operations, including salaries or wages of employees who are temporarily assigned to and directly employed by same.. <PAGE> (b) The Manager's or the Company's, as applicable, cost of holiday, vacation, sickness and disability benefits, and other customary allowances applicable to the salaries and wages chargeable under Subparagraph Sections 2.2(a) and Paragraph 2.12. Such costs may be charged on a "when and as paid basis" or by "percentage assessment" on the amount of salaries and wages. If percentage assessment is used, the rate shall be applied to wages or salaries excluding overtime and bonuses. Such rate shall be based on the Manager's or the Company's, as applicable, cost experience and it shall be periodically adjusted at least annually to ensure that the total of such charges does not exceed the actual cost thereof to the ManagerManager or the Company, as applicable. (c) The Manager's or the Company's, as applicable, actual cost of established plans for employees' group life insurance, hospitalization, pension, retirement, stock purchase, thrift, bonus (except production or incentive bonus plans under a union contract based on actual rates of production, cost savings and other production factors, and similar non-union bonus plans customary in the industry or necessary to attract competent employees, which bonus payments shall be considered salaries and wages under Subparagraph Sections 2.2(a) or Paragraph 2.12 2.12; rather than employees' benefit plans) and other benefit plans of a like nature applicable to salaries and wages chargeable under Subparagraphs2.2(aSections 2.2(a) or Paragraph 2.12, provided that the plans are limited to the extent feasible to those customary in the industry. (d) Cost of assessments imposed by governmental authority that which are applicable to salaries and wages chargeable under Subparagraph Sections 2.2(a) and Paragraph 2.12, including all penalties except those resulting from the willful misconduct or gross negligence of the Manager.

Appears in 1 contract

Samples: Operating Agreement (Solitario Exploration & Royalty Corp.)

Labor and Employee Benefits. (a) Salaries and wages of the Company’s or the Manager's '’s employees directly engaged in Operations, including salaries or wages of employees who are temporarily assigned to and directly employed by same. (b) The Manager's 's’s or the Company’s, as applicable, cost of holiday, vacation, sickness and disability benefits, and other customary allowances applicable to the salaries and wages chargeable under Subparagraph Sections 2.2(a) and Paragraph 2.12. Such costs may be charged on a "when and as paid basis" "” or by "percentage assessment" "” on the amount of salaries and wages. If percentage assessment is used, the rate shall be applied to wages or salaries excluding overtime and bonuses. Such rate shall be based on the Manager's 's’s or the Company’s, as applicable, cost experience and it shall be periodically adjusted at least annually to ensure that the total of such charges does not exceed the actual cost thereof to the ManagerManager or the Company, as applicable. (c) The Manager's 's’s or the Company’s, as applicable, actual cost of established plans for employees' '’ group life insurance, hospitalization, pension, retirement, stock purchase, thrift, bonus (except production or incentive bonus plans under a union contract based on actual rates of production, cost savings and other production factors, and similar non-union bonus plans customary in the industry or necessary to attract competent employees, which bonus payments shall be considered salaries and wages under Subparagraph Sections 2.2(a) or Paragraph 2.12 2.12; rather than employees' '’ benefit plans) and other benefit plans of a like nature applicable to salaries and wages chargeable under Subparagraphs2.2(aSections 2.2(a) or Paragraph 2.12, provided that the plans are limited to the extent feasible to those customary in the industry. (d) Cost of assessments imposed by governmental authority that which are applicable to salaries and wages chargeable under Subparagraph Sections 2.2(a) and Paragraph 2.12, including all penalties except those resulting from the willful misconduct or gross negligence of the Manager.

Appears in 1 contract

Samples: Limited Liability Company Agreement

Labor and Employee Benefits. (a) Salaries and wages of the Manager's employees directly engaged in Operations, including salaries or wages of employees who are temporarily assigned to and directly employed by same. (b) The Manager's cost of holiday, vacation, sickness and disability benefits, and other customary allowances applicable to the salaries and wages chargeable under Subparagraph Sections 2.2(a) and Paragraph 2.12. Such costs may be charged on a "when and as paid basis" or by "percentage assessment" on the amount of salaries and wages. If percentage assessment is used, the rate shall be applied to wages or salaries excluding overtime and bonuses. Such rate shall be based on the Manager's cost experience and it shall be periodically adjusted at least annually to ensure that the total of such charges does not exceed the actual cost thereof to the Manager. (c) The Manager's actual cost of established plans for employees' group life insurance, hospitalization, pension, retirement, stock purchase, thrift, bonus (except production or incentive bonus plans under a union contract based on actual rates of production, cost savings and other production factors, and similar non-union bonus plans customary in the industry or necessary to attract competent employees, which bonus payments shall be considered salaries and wages under Subparagraph Sections 2.2(a) or Paragraph 2.12 2.12; rather than employees' benefit plans) and other benefit plans of a like nature applicable to salaries and wages chargeable under Subparagraphs2.2(aSections 2.2(a) or Paragraph 2.12, provided that the plans are limited to the extent feasible to those customary in the industry. (d) Cost of assessments imposed by by, governmental authority that are which is applicable to salaries and wages chargeable under Subparagraph Sections 2.2(a) and Paragraph 2.12, including all penalties except those resulting from the willful misconduct or gross negligence of the Manager.

Appears in 1 contract

Samples: Mining Venture Agreement (Western Goldfields Inc)

Labor and Employee Benefits. (a) Salaries and wages of the Manager's ’s employees directly engaged in Operations, including salaries or wages of employees who are temporarily assigned to and directly employed by same. The number of employees engaged in Operations and chargeable to the Business Account shall be consistent with normal industry standards for such Operations and the cost of employees engaged in Operations for external reasons, if any, shall not be chargeable to the Business Account. (b) The Manager's ’s cost of holiday, vacation, sickness and disability benefits, and other customary allowances applicable to the salaries and wages chargeable under Subparagraph 2.2(a) and Paragraph 2.12. Such costs may be charged on a "when and as paid basis" or by "percentage assessment" on the amount of salaries and wages. If percentage assessment is used, the rate shall be applied to wages or salaries excluding overtime and bonuses. Such rate shall be based on the Manager's ’s cost experience and it shall be periodically adjusted at least annually to ensure that the total of such charges does not exceed the actual cost thereof to the Manager. (c) The Manager's ’s actual cost of established plans for employees' group life insurance, hospitalization, pension, retirement, stock purchase, thrift, bonus (except production or incentive bonus plans under a union contract based on actual rates of production, cost savings and other production factors, and similar non-union bonus plans customary in the industry or necessary to attract competent employees, which bonus payments shall be considered salaries and wages under Subparagraph 2.2(a) or Paragraph 2.12 rather than employees' benefit plans) and other benefit plans of a like nature applicable to salaries and wages chargeable under Subparagraphs2.2(aSubparagraphs 2.2(a) or Paragraph 2.12, provided that the plans are limited to the extent feasible to those customary in the industry. (d) Cost of assessments imposed by governmental authority that are applicable to salaries and wages chargeable under Subparagraph 2.2(a) and Paragraph 2.12, including all penalties except those resulting from the willful misconduct or gross negligence of the Manager.

Appears in 1 contract

Samples: Members’ Agreement (Thunder Mountain Gold Inc)

Labor and Employee Benefits. (a) Salaries and wages of the Manager's ’s employees directly engaged in Operations, including salaries or wages of employees who are temporarily assigned to and directly employed by same. (b) The Manager's ’s cost of holiday, vacation, sickness and disability benefits, and other customary allowances applicable to the salaries and wages chargeable under Subparagraph 2.2(a) and Paragraph 2.12. Such costs may be charged on a "when and as paid basis" or by "percentage assessment" on the amount of salaries and wages. If percentage assessment is used, the rate shall be applied to wages or salaries excluding overtime and bonuses. Such rate shall be based on the Manager's ’s cost experience and it shall be periodically adjusted at least annually to ensure that the total of such charges does not exceed the actual cost thereof to the Manager. (c) The Manager's ’s actual cost of established plans for employees' group life insurance, hospitalization, pension, retirement, stock purchase, thrift, bonus (except production or incentive bonus plans under a union contract based on actual rates of production, cost savings and other production factors, and similar non-union bonus plans customary in the industry or necessary to attract competent employees, which bonus payments shall be considered salaries and wages under Subparagraph 2.2(a) or Paragraph 2.12 rather than employees' benefit plans) and other benefit plans of a like nature applicable to salaries and wages chargeable under Subparagraphs2.2(aSubparagraphs 2.2(a) or Paragraph 2.12, provided that the plans are limited to the extent feasible to those customary in the industry. (d) Cost of assessments imposed by governmental authority that are applicable to salaries and wages chargeable under Subparagraph 2.2(a) and Paragraph 2.12, including all penalties except those resulting from the willful misconduct or gross negligence of the Manager. (e) All payments made by Barrick to MGC for the use of full-time and part-time Midway Personnel, as set forth in that Service Agreement between Barrick and MGC of even date herewith.

Appears in 1 contract

Samples: Exploration, Development and Mine Operating Agreement (Midway Gold Corp)

Labor and Employee Benefits. (a) Salaries and wages of the Company’s or the Manager's ’s employees directly engaged in Operations, including salaries or wages of employees who are temporarily assigned to and directly employed by same. (b) The Manager's ’s or the Company’s, as applicable, cost of holiday, vacation, sickness and disability benefits, and other customary allowances applicable to the salaries and wages chargeable under Subparagraph Sections 2.2(a) and Paragraph 2.12. Such costs may be charged on a "when and as paid basis" or by "percentage assessment" on the amount of salaries and wages. If percentage assessment is used, the rate shall be applied to wages or salaries excluding overtime and bonuses. Such rate shall be based on the Manager's ’s or the Company’s, as applicable, cost experience and it shall be periodically adjusted at least annually to ensure that the total of such charges does not exceed the actual cost thereof to the ManagerManager or the Company, as applicable. (c) The Manager's ’s or the Company’s, as applicable, actual cost of established plans for employees' group life insurance, hospitalization, pension, retirement, stock purchase, thrift, bonus (except production or incentive bonus plans under a union contract based on actual rates of production, cost savings and other production factors, and similar non-union bonus plans customary in the industry or necessary to attract competent employees, which bonus payments shall be considered salaries and wages under Subparagraph Sections 2.2(a) or Paragraph 2.12 2.12; rather than employees' benefit plans) and other benefit plans of a like nature applicable to salaries and wages chargeable under Subparagraphs2.2(aSections 2.2(a) or Paragraph 2.12, provided that the plans are limited to the extent feasible to those customary in the industry. (d) Cost of assessments imposed by governmental authority that which are applicable to salaries and wages chargeable under Subparagraph Sections 2.2(a) and Paragraph 2.12, including all penalties except those resulting from the willful misconduct or gross negligence of the Manager.

Appears in 1 contract

Samples: Limited Liability Company Agreement

Labor and Employee Benefits. (a) Salaries and wages of the Manager's ’s employees directly engaged in Operations, including salaries or wages of employees who are temporarily assigned to and directly employed by same. (b) The Manager's ’s cost of holiday, vacation, sickness and disability benefits, and other customary allowances applicable to the salaries and wages chargeable under Subparagraph Sections 2.2(a) and Paragraph 2.12. Such costs may be charged on a "when and as paid basis" or by "percentage assessment" on the amount of salaries and wages. If percentage assessment is used, the rate shall be applied to wages or salaries excluding overtime and bonuses. Such rate shall be based on the Manager's ’s cost experience and it shall be periodically adjusted at least annually to ensure that the total of such charges does not exceed the actual cost thereof to the Manager. (c) The Manager's ’s actual cost of established plans for employees' group life insurance, hospitalization, pension, retirement, stock purchase, thrift, bonus (except production or incentive bonus plans under a union contract based on actual rates of production, cost savings and other production factors, factors and similar non-union bonus plans customary in the industry or necessary to attract competent employees, which bonus payments shall be considered salaries and wages under Subparagraph Sections 2.2(a) or Paragraph and 2.12 rather than employees' benefit plans) and other benefit plans of a like nature applicable to salaries and wages chargeable under Subparagraphs2.2(aSections 2.2(a) or Paragraph and 2.12, provided that the plans are limited to the extent feasible to those customary in the industry. (d) Cost of assessments imposed by governmental authority that which are applicable to salaries and wages chargeable under Subparagraph Sections 2.2(a) and Paragraph 2.12, including all penalties except those resulting from the willful misconduct or gross negligence of the Manager.

Appears in 1 contract

Samples: Mining Earn in and Joint Venture Agreement (Pan American Lithium Corp)

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Labor and Employee Benefits. (a) Salaries and wages of the Manager's ’s employees directly engaged in Operations, including salaries or wages of employees who are temporarily assigned to and directly employed by same. (b) The Manager's ’s cost of holiday, vacation, sickness and disability benefits, and other customary allowances applicable to the salaries and wages chargeable under Subparagraph 2.2(a) and Paragraph 2.12. Such costs may be charged on a "when and as paid basis" or by "percentage assessment" on the amount of salaries and wages. If percentage assessment is used, the rate shall be applied to wages or salaries excluding overtime and bonuses. Such rate shall be based on the Manager's ’s cost experience and it shall be periodically adjusted at least annually to ensure that the total of such charges does not exceed the actual cost thereof to the Manager. (c) The Manager's ’s actual cost of established plans for employees' group life insurance, hospitalization, pension, retirement, stock purchase, thrift, bonus (except production or incentive bonus plans under a union contract based on actual rates of production, cost savings and other production factors, and similar non-union bonus plans customary in the industry or necessary to attract competent employees, which bonus payments shall be considered salaries and wages under Subparagraph 2.2(a) or Paragraph 2.12 rather than employees' benefit plans) and other benefit plans of a like nature applicable to salaries and wages chargeable under Subparagraphs2.2(aSubparagraphs 2.2(a) or Paragraph 2.12, provided that the plans are limited to the extent feasible to those customary in the industry. (d) Cost of assessments imposed by governmental authority that are applicable to salaries and wages chargeable under Subparagraph 2.2(a) and Paragraph 2.12, including all penalties except those resulting from the willful misconduct or gross negligence of the Manager.

Appears in 1 contract

Samples: Exploration, Development and Mine Operating Agreement (Miranda Gold Corp)

Labor and Employee Benefits. (a) 2.2.1 Salaries and wages of the Manager's ’s employees directly engaged in Operations, including salaries or wages of employees who are temporarily assigned to and directly employed by same. (b) 2.2.2 The Manager's ’s cost of holiday, vacation, sickness and disability benefits, and other customary allowances applicable to the salaries and wages chargeable under Subparagraph 2.2(a) 2.2.1 and Paragraph 2.12. Such costs may be charged on a "when and as paid basis" or by "percentage assessment" on the amount of salaries and wages. If percentage assessment is used, the rate shall be applied to wages or salaries excluding overtime and bonuses. Such rate shall be based on the Manager's ’s cost experience consistent with the current range of rates within the industry and it shall be periodically reviewed, and adjusted if needed, at least annually to ensure that the total of such charges does not exceed the actual cost thereof to the Manager. (c) 2.2.3 The Manager's ’s actual cost of established plans for employees' group life insurance, hospitalization, pension, retirement, stock purchase, thrift, bonus (except production or incentive bonus plans under a union contract based on actual rates of production, cost savings and other production factors, and similar non-union bonus plans customary in the industry or necessary to attract competent employees, which bonus payments shall be considered salaries and wages under Subparagraph 2.2(a) 2.2.1 or Paragraph 2.12 rather than employees' benefit plans) and other benefit plans of a like nature applicable to salaries and wages chargeable under Subparagraphs2.2(a) Subparagraphs 2.2.1 or Paragraph 2.12, provided that the plans are limited to the extent feasible to those customary in the industry. (d) 2.2.4 Cost of assessments imposed by governmental authority that are applicable to salaries and wages chargeable under Subparagraph 2.2(a) and Paragraph 2.12, including all penalties except those resulting from the willful misconduct or gross negligence of the Manager.

Appears in 1 contract

Samples: Exploration, Development and Mine Operating Agreement (Canyon Resources Corp)

Labor and Employee Benefits. (a) Salaries and wages of the Manager's ’s employees while directly engaged in and necessary for the conduct of Operations, regardless of physical location, including salaries or wages of necessary employees who are temporarily assigned to and directly employed performing tasks assigned by samethe Manager or its Affiliates. (b) The Manager's cost ’s actual costs of holiday, vacation, sickness and disability benefits, and other customary allowances applicable to the salaries and wages chargeable under Subparagraph 2.2(asection 2.1(a) and Paragraph 2.12section 2.9. Such costs may be charged on a "when and as paid basis" or by "percentage assessment" ” in accordance with section 2.1(d) on the amount of salaries and wages. If percentage assessment is used, the rate shall be applied to wages or salaries excluding overtime and bonusessalaries. Such rate shall be based on the Manager's ’s cost experience and it shall be periodically adjusted at least annually to ensure that the total of such charges does not exceed the actual cost thereof to the Manager. (c) The Manager's ’s actual cost costs of established plans (which shall be consistent with past practice) for employees' group life insurance, health, dental care, accidental death and dismemberment, vision, welfare benefits, supplemental life, dependent life, prescription drug, travel accident, short-term disability, long-term disability, hospitalization, pension, retirement, stock purchase, thrift, bonus (except production or incentive bonus plans under a union contract based on actual rates of production, cost savings and other production factors, factors and similar non-union bonus plans customary in the industry or and necessary to attract competent employees, which bonus payments payment shall be considered salaries and wages under Subparagraph 2.2(asection 2.1(a) or Paragraph 2.12 and section 2.9 rather than employees' benefit plans) and other benefit plans of a like nature applicable to salaries and wages chargeable under Subparagraphs2.2(asection 2.1(a) or Paragraph 2.12, and section 2.9; provided that the plans are limited to the extent feasible to those customary in the industryindustry and consistent with past practice and other benefits such as the payment of relocation costs. (d) Wages and salaries and other costs described in sections 2.1(a), 2.1(b) and 2.1(c) for employees who spend part of their time on Operations and part of their time on unrelated matters may be allocated in part to the Operations Accounts on a “percentage assessment” basis that is calculated as the percentage of time such employees are necessary for the conduct of Operations on the basis of hourly time records or other reliable time allocation system versus the time such employees spend on unrelated matters. The same percentage will be used for calculating amounts under section 2.1(a), section 2.1(b) and section 2.1(c). (e) Cost of assessments imposed by governmental authority that any Governmental Authority which are applicable to salaries and wages chargeable and other plans and benefits under Subparagraph 2.2(a) section 2.1 and Paragraph 2.12section 2.9, including all penalties except those resulting from the willful misconduct or gross negligence (subject to Section 4.2(b) of the ManagerAgreement).

Appears in 1 contract

Samples: Asset Purchase Agreement (Kinross Gold Corp)

Labor and Employee Benefits. (a) Salaries and wages of the Manager's employees directly engaged in Operations, including salaries or wages of employees who are temporarily assigned to and directly employed by same. (b) The Manager's cost of holiday, vacation, sickness and disability benefits, and other customary allowances applicable to the salaries and wages chargeable under Subparagraph 2.2(aSUBPARAGRAPH 2.2(A) and Paragraph PARAGRAPH 2.12. Such costs may be --------------------------------------- charged on a "when and as paid basis" or by "percentage assessment" on the amount of salaries and wages. If percentage assessment is used, the rate shall be applied to wages or salaries excluding overtime and bonuses. Such rate shall be based on the Manager's cost experience and it shall be periodically adjusted at least annually to ensure that the total of such charges does not exceed the actual cost thereof to the Manager. (c) The Manager's actual cost of established plans for employees' group life insurance, hospitalization, pension, retirement, stock purchase, thrift, bonus (except production or incentive bonus plans under a union contract based on actual rates of production, cost savings and other production factors, and similar non-union bonus plans customary in the industry or necessary to attract competent employees, which bonus payments shall be considered salaries and wages under Subparagraph 2.2(aSUBPARAGRAPH 2.2(A) or Paragraph PARAGRAPH 2.12 ------------------------------------- rather than employees' benefit plans) and other benefit plans of a like nature applicable to salaries and wages chargeable under Subparagraphs2.2(aSUBPARAGRAPHS ------------- 2.2(A) or Paragraph PARAGRAPH 2.12, provided that the plans are limited to the extent ------------------------ feasible to those customary in the industry. (d) Cost of assessments imposed by governmental authority that are applicable to salaries and wages chargeable under Subparagraph 2.2(aSUBPARAGRAPH 2.2(A) and Paragraph PARAGRAPH --------------------------------- 2.12, including all penalties except those resulting from the willful ---- misconduct or gross negligence of the Manager.

Appears in 1 contract

Samples: Members' Agreement (Battle Mountain Gold Exploration Corp.)

Labor and Employee Benefits. (a) a. Salaries and wages of the Manager's ’s employees directly engaged in Operations, including salaries or wages of employees who are temporarily assigned to and directly employed by same. (b) b. The Manager's ’s cost of holiday, vacation, sickness and disability benefits, and other customary allowances applicable to the salaries and wages chargeable under Subparagraph 2.2(a) Section B.2a and Paragraph 2.12Section B.12. Such costs may be charged on a "when and as paid basis" or by "percentage assessment" on the amount of salaries and wages. If percentage assessment is used, the rate shall be applied to wages or salaries excluding overtime and bonuses. Such rate shall be based on the Manager's ’s cost experience and it shall be periodically adjusted at least annually to ensure that the total of such charges does not exceed the actual cost thereof to the Manager. (c) c. The Manager's ’s actual cost of established plans for employees' group life insurance, hospitalization, pension, retirement, stock purchase, thrift, bonus (except production or incentive bonus plans under a union contract based on actual rates of production, cost savings and other production factors, and similar non-union bonus plans customary in the industry or necessary to attract competent employees, which bonus payments shall be considered salaries and wages under Subparagraph 2.2(a) Section B.2.a or Paragraph 2.12 Section B.12 rather than employees' benefit plans) and other benefit plans of a like nature applicable to salaries and wages chargeable under Subparagraphs2.2(a) Sections 2.2.1 or Paragraph Section 2.12, provided that the plans are limited to the extent feasible to those customary in the industry. (d) d. Cost of assessments imposed by governmental authority that are applicable to salaries and wages chargeable under Subparagraph 2.2(a) Section B.2.a and Paragraph 2.12Section B.12, including all penalties except those resulting from the willful misconduct or gross negligence of the Manager.

Appears in 1 contract

Samples: Operating Agreement (Western Goldfields Inc)

Labor and Employee Benefits. (a) Salaries and wages of the ManagerProvider's employees or employees of the Provider's Affiliates directly engaged in Operations, including salaries or wages of employees who are temporarily assigned to and directly employed by sameThe Joint Venture. (b) The Manager's cost of holiday, vacation, sickness and disability benefits, and other customary allowances applicable to the salaries and wages chargeable under Subparagraph Sections 2.2(a) and Paragraph 2.122.11. Such costs may be charged on a "when and as paid basis" or by "percentage assessment" on the amount of salaries and wages. If percentage assessment is used, the rate shall be applied to wages or salaries excluding overtime and bonuses. Such rate shall be based on the ManagerProvider's cost experience and it shall be periodically adjusted at least annually annually. It is the intent of the parties to ensure that fully compensate the total of such charges does not exceed the Provider for all actual cost thereof costs to the ManagerProvider or its affiliates for providing the services of the employees to the Joint Venture. (c) The ManagerProvider's or its Affiliates' actual cost of established plans for employees' group life insurance, hospitalization, pension, retirement, stock purchase, thrift, bonus (except production or incentive bonus plans under a union contract based on actual rates of production, cost savings and other production factors, and similar non-union bonus plans customary in the industry or necessary to attract competent employees, which bonus payments shall be considered salaries and wages under Subparagraph Section 2.2(a) or Paragraph 2.12 2.11, rather than employees' benefit plans) and other benefit plans of a like nature applicable to salaries and wages chargeable under Subparagraphs2.2(aSections 2.2(a) or Paragraph 2.122.11, provided that the plans are limited to the extent feasible to those customary in the industry. (d) Cost of assessments imposed by governmental authority that which are applicable to salaries and wages chargeable under Subparagraph Sections 2.2(a) and Paragraph 2.12, including 2.11,including all penalties except those resulting from the willful misconduct or gross negligence of the ManagerProvider or its Affiliates.

Appears in 1 contract

Samples: Master Agreement (Metalline Mining Co)

Labor and Employee Benefits. (a) Salaries and wages of the Manager's ’s employees directly engaged in Operations, including salaries or wages of employees who are temporarily assigned to and directly employed by same. (b) The Manager's ’s cost of holiday, vacation, sickness and disability benefits, and other customary allowances applicable to the salaries and wages chargeable under Subparagraph 2.2(a) and Paragraph 2.12. Such costs may be charged on a "when and as paid basis" or by "percentage assessment" on the amount of salaries and wages. If percentage assessment is used, the rate shall be applied to wages or salaries excluding overtime and bonuses. Such rate shall be based on the Manager's ’s cost experience and it shall be periodically adjusted at least annually to ensure that the total of such charges does not exceed the actual cost thereof to the Manager. (c) The Manager's ’s actual cost of established plans for employees' group life insurance, hospitalization, pension, retirement, stock purchase, thrift, bonus (except production or incentive bonus plans under a union contract based on actual rates of production, cost savings and other production factors, and similar non-union bonus plans customary in the industry or necessary to attract competent employees, which bonus payments shall be considered salaries and wages under Subparagraph 2.2(a) or Paragraph 2.12 rather than employees' benefit plans) and other benefit plans of a like nature applicable to salaries and wages chargeable under Subparagraphs2.2(aSubparagraphs 2.2(a) or Paragraph 2.12, provided that the plans are limited to the extent feasible to those customary in the industry. (d) Cost of assessments imposed by governmental authority that are applicable to salaries and wages chargeable under Subparagraph 2.2(a) and Paragraph 2.12, including all penalties except those resulting from the willful misconduct or gross negligence of the Manager.

Appears in 1 contract

Samples: Operating Agreement (Golden Phoenix Minerals Inc)

Labor and Employee Benefits. (a) Salaries and wages of the Manager's employees directly engaged in Operations, including salaries or wages of employees who are temporarily assigned to and directly employed by same. (b) The Manager's cost of holiday, vacation, sickness and disability benefits, and other customary allowances applicable to the salaries and wages chargeable under Subparagraph Sections 2.2(a) and Paragraph 2.12. Such costs may be charged on a "when and as paid basis" or by "percentage assessment" on the amount of salaries and wages. If percentage assessment is used, the rate shall be applied to wages or salaries excluding overtime and bonuses. Such rate shall be based on the Manager's cost experience and it shall be periodically adjusted at least annually to ensure that the total of such charges does not exceed the actual cost thereof to the Manager. (c) The Manager's actual cost of established plans for employees' group life insurance, hospitalization, pension, retirement, stock purchase, thrift, bonus (except production or incentive bonus plans under a union contract based on actual rates of production, cost savings and other production factors, and similar non-union bonus plans customary in the industry or necessary to attract competent employees, which bonus payments shall be considered salaries and wages under Subparagraph Sections 2.2(a) or Paragraph 2.12 2.12; rather than employees' benefit plans) and other benefit plans of a like nature applicable to salaries and wages chargeable under Subparagraphs2.2(aSections 2.2(a) or Paragraph 2.12, provided that the plans are limited to the extent feasible to those customary in the industry. (d) Cost of assessments imposed by governmental authority that which are applicable to salaries and wages chargeable under Subparagraph Sections 2.2(a) and Paragraph 2.12, including all penalties except those resulting from the willful misconduct or gross negligence of the Manager.

Appears in 1 contract

Samples: Mining Venture Agreement (Novagold Resources Inc)

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