Common use of Labour and Employee Benefits Clause in Contracts

Labour and Employee Benefits. a) Salaries and wages of the Operator's employees directly engaged in Operations, including salaries or wages of employees who are temporarily assigned to and directly employed by same; b) The Operator's cost of holiday, vacation, sickness and disability benefits, and other customary allowances applicable to the salaries and wages chargeable under Sections 2.2(a) and 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 Operator'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 Operator. c) The Operator'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 Sections 2.2(a) or 2.12; rather than employees' benefit plans) and other benefit plans of a like nature applicable to salaries and wages chargeable under Sections 2.2(a) or 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 which are applicable to salaries and wages chargeable under Sections 2.2(a) and 2.12, including all penalties except those resulting from the wilful misconduct or gross negligence of the Operator.

Labour and Employee Benefits. a) Salaries and wages of the OperatorManager's employees directly engaged in Operations, including salaries or wages of employees who are temporarily assigned to and directly employed by same; b) . The OperatorManager's cost of holiday, vacation, sickness and disability benefits, benefits and other customary allowances applicable to the salaries and wages chargeable under Sections sections 2.2(a) and 2.122.12 hereof. 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 OperatorManager'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 Operator. c) Manager. The OperatorManager'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 Sections sections 2.2(a) or 2.12and 2.12 hereof; rather than employees' benefit plans) and other benefit plans of a like nature applicable to salaries and wages chargeable under Sections sections 2.2(a) or 2.122.12 hereof, provided that the plans are limited to the extent feasible to those customary in the industry; d) . Cost of assessments imposed by governmental authority which are applicable to salaries and wages chargeable under Sections sections 2.2(a) and 2.122.12 hereof, including all penalties except those resulting from the wilful misconduct or gross negligence of the OperatorManager.

Labour and Employee Benefits. (a) Salaries and wages of the Operator's employees directly engaged in Operationsthe operation of the Property as a mine, including salaries or wages of employees who are temporarily assigned to and directly employed by same; (b) The Operator's cost of holiday, . vacation, sickness and disability benefits, and other customary allowances applicable to the salaries and wages chargeable under Sections subsections 2.2(a) and 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 Operator'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 Operator.; (c) The Operator'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 Sections subsections 2.2(a) or 2.12; rather than employees' benefit plans) and other benefit plans of a like nature applicable to salaries and wages chargeable under Sections subsections 2.2(a) or 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 which are applicable to salaries and wages chargeable under Sections subsections 2.2(a) and 2.12, including all penalties except those resulting from the wilful misconduct or gross negligence of the Operator.;

Labour and Employee Benefits. (a) Salaries and wages of the Operator's employees directly engaged in Operations, including salaries or wages of employees who are temporarily assigned to and directly employed by same;. (b) The Operator's cost of holiday, vacation, sickness and disability benefits, and other customary allowances applicable to the salaries and wages chargeable under Sections paragraph 2.2(a) and 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 Operator'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 Operator. (c) The Operator'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 Sections paragraph 2.2(a) or Subsection 2.12; rather than employees' benefit plans) and other benefit plans of a like nature applicable to salaries and wages chargeable under Sections paragraph 2.2(a) or 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 which are applicable to salaries and wages chargeable under Sections paragraph 2.2(a) and Subsection 2.12, including all penalties except those resulting from the wilful willful misconduct or gross negligence of the Operator.

Labour and Employee Benefits. (a) Salaries and wages of the Operator's Manager’s or the Manager’s Affiliates’ employees directly engaged in Operations, including salaries or wages of employees who are temporarily assigned to and directly employed by same;the Manager. (b) The Operator's cost Manager’s costs of holiday, vacation, sickness and disability benefits, and other customary allowances applicable to the salaries and wages chargeable under Sections 2.2(a) and 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 Operator's 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 OperatorManager. (c) The Operator's Manager’s actual cost of established established, establishing or participating in 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 Sections Section 2.2(a) or and 2.12; rather than employees' employee’ benefit plans) and other benefit plans of a like nature applicable to salaries and wages chargeable under Sections Section 2.2(a) or 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 which are applicable to salaries and wages chargeable under Sections Section 2.2(a) and 2.12, including all penalties except those resulting from the wilful misconduct or gross negligence of the OperatorManager.

Labour and Employee Benefits. (a) Salaries and wages of the OperatorManager's employees directly engaged in Operations, including salaries or wages of employees who are temporarily assigned to and directly employed by same;. (b) The OperatorManager's cost of holiday, vacation, sickness and disability benefits, and other customary allowances applicable to the salaries and wages chargeable under Sections Paragraphs 2.2(a) and 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 Operator'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 Operator2.13. (c) The OperatorManager'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 Sections Paragraph 2.2(a) or 2.12; 2.13, rather than employees' benefit plans) and other benefit plans of a like nature applicable to salaries and wages chargeable under Sections Paragraph 2.2(a) or 2.122.13, provided that the plans are limited to the extent feasible to those customary in the industry;. (d) Cost of assessments imposed by any governmental authority which are applicable to salaries and wages chargeable under Sections Paragraphs 2.2(a) and 2.122.13, including all penalties except those resulting from the wilful misconduct or gross negligence of the OperatorManager. (e) Those costs in Paragraphs 2.2(b), 2.2(c) and 2.2(d) 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.

Labour and Employee Benefits. (a) Salaries and wages of the OperatorManager's employees directly engaged in Operations, including salaries or wages of employees who are temporarily assigned to and directly employed by same;the Manager. (b) The OperatorManager's cost of holiday, vacation, sickness and disability benefits, and other customary allowances applicable to the salaries and wages chargeable under Sections 2.2(a) and 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 Operator'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 Operator2.13. (c) The OperatorManager'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 Sections §2.2(a) or 2.12; 2.13, rather than employees' benefit plans) and other benefit plans of a like nature applicable to salaries and wages chargeable under Sections §2.2(a) or 2.122.13, provided that the plans are limited to the extent feasible to those customary in the industry;. (d) Cost of assessments imposed by governmental authority which are applicable to salaries and wages chargeable under Sections 2.2(a) and 2.122.13, including all penalties except those resulting from the wilful misconduct or gross negligence of the OperatorManager. (e) Those costs in Sections 2.2(b), 2.2(c), 2.2(d) 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.