Common use of Lease; Possession; Control Clause in Contracts

Lease; Possession; Control. 2.1 Xxxxxxx hereby leases, demises and assigns to Sterling all of its right, title and interest to the Property including all mineral and ore in place and any other mineral values. 2.2 On the Effective Date and subject to the terms and conditions of this Lease, Sterling shall have exclusive possession, management and control of the Property, surface and subsurface, through the term of the Lease and any extension thereof, unless the term of this Lease is terminated pursuant to Sections 14 or 16 hereof. 2.2.1 During the term of this Lease the rights granted to Sterling include the exclusive right to explore, develop and mine the Property; to extract ore; to mill the same; to apply such other metallurgical processes as are deemed necessary; and to market the ore or concentrates derived from the Property, and to retain the proceeds from the sale of such ore, concentrates or other substances subject to provisions of section 7. 2.3 Xxxxxxx acknowledges that during the term of this Lease all decisions with respect to exploration, development and mining of the Property, and with respect to the character of the work performed thereon by Sterling under the terms of this Lease shall be solely those of Sterling, whose only obligation to Xxxxxxx in this regard is that such work will be performed in a sound miner-like manner. No other obligations are intended or implied, in fact or law, between the parties. Sterling shall be the operator of the Property. 2.4 Xxxxxxx acknowledges and agrees that all ore, concentrates, metals or other mineral substances produced from the Property shall be the property of Sterling, subject only to Sterling’s obligation to pay Cost and Royalties as set forth herein from Net Returns resulting from the sale thereof. Sterling shall dispose of such ore, concentrates, metals or other mineral substances in such manner and by such means as Sterling, in its sole judgment, may determine to provide the optimum Net Returns for the Property, and for the mutual benefit of Sterling and Xxxxxxx. Should Sterling consume the product internally, it shall credit the Property with Net Returns equal to then-prevalent terms offered to other sellers of similar products in similar quantities by Sterling. 2.5 Sterling shall have the right to occupy the surface of the Property and is subject to any obligation or lease of such surface or subsurface by Xxxxxxx in effect prior to November 14, 2003.

Lease; Possession; Control. 2.1 Xxxxxxx Merger hereby leases, demises and assigns to Sterling all upon commencement of its right, title and interest to the Property including mining operation all mineral and ore in place and any other other. mineral valuesvalues subject to any prior leases or sale agreements presently in force. 2.2 On the Effective Date and subject to the terms and conditions of this Leaselease, Sterling shall have exclusive possession, management management, and control of the Property, surface Property and the right to occupy subsurface, through the term of the Lease and any extension thereof, unless the term of this Lease lease is terminated pursuant to Sections 14 or 16 hereof. 2.2.1 During the term tern of this Lease the rights granted to Sterling include the exclusive right to explore, develop develop, and mine the Property; to extract ore; to mill the same; to apply such other metallurgical processes as are deemed necessary; and to market the ore or concentrates derived from the Property, and to retain the proceeds from the sale of such ore, concentrates or other substances subject to provisions of section Section 7. 2.3 Xxxxxxx Merger acknowledges that during the term of this Lease all decisions with respect to exploration, development and mining of the Property, and with respect to the character of the work performed thereon by Sterling under the terms of this Lease shall be solely those of Sterling, whose only obligation to Xxxxxxx Merger in this regard is that such work will be performed in a safe and sound miner-like manner. No other obligations are intended or implied, in fact or law, between the parties. Sterling shall be the operator of the Property. 2.4 Xxxxxxx Merger acknowledges and agrees that all ore, concentrates, metals or other mineral substances produced from the Property shall be the property of Sterling, subject only to Sterling’s obligation to pay Cost and Royalties as set forth herein from Net Smelter Returns resulting from the sale thereof. Sterling shall dispose of such ore, concentrates, metals or other mineral substances in such manner and by such means as Sterling, in its sole judgment, may determine to provide the optimum Net Smelter Returns for the Property, and for the mutual benefit of Sterling and XxxxxxxMerger. Sterling is to verify location of smelter where ore is delivered. Merger is to receive monies from NSR directly from Smelter. Should Sterling consume the product internally, it shall credit the Property with Net Smelter Returns equal to then-then prevalent terms offered to other sellers of similar products in similar quantities by Sterling, within 20 days of delivery of ore or product together with an assay report on said ore or product being used internally. 2.5 Sterling shall have the right to occupy the surface of the Property and is subject to any obligation or lease of such surface or subsurface by Xxxxxxx in effect prior to November 14, 2003.

Lease; Possession; Control. 2.1 Xxxxxxx Mineral Mountain hereby leases, demises and assigns to Sterling all of its right, title and interest to the Property including all mineral and ore in place and any other mineral values. 2.2 On the Effective Date and subject to the terms and conditions of this Lease, Sterling shall have exclusive possession, management and control of the Property, surface and subsurface, through the term of the Lease and any extension thereof, unless the term of this Lease is terminated pursuant to Sections 14 or 16 hereof. 2.2.1 During the term of this Lease the rights granted to Sterling include the exclusive right to explore, develop and mine the Property; to extract ore; to mill the same; to apply such other metallurgical processes as are deemed necessary; and to market the ore or concentrates derived from the Property, and to retain the proceeds from the sale of such ore, concentrates or other substances subject to provisions of section 7. 2.2.2 Sterling may remove timber when necessary to conduct mining operations on the Property and the net proceeds thereof shall be considered Net Returns as set firth in paragraph 1.9, above, and treated in the same manner as products produced from the Property. General commercial logging of the Property shall not occur without express written permission of Mineral Mountain, and if permission is given, an allocation of the net logging proceeds shall be negotiated between the parties. 2.3 Xxxxxxx Mineral Mountain acknowledges that during the term of this Lease all decisions with respect to exploration, development and mining of the Property, ,. and with respect to the character of the work performed thereon by Sterling under the terms of this Lease shall be solely those of Sterling, whose only obligation to Xxxxxxx Mineral Mountain in this regard is that such work will be performed in a sound miner-like manner. No other obligations are intended or implied, in fact or law, between the parties. Sterling shall be the operator of the Property. 2.4 Xxxxxxx acknowledges and agrees that all ore, concentrates, metals or other mineral substances produced from the Property shall be the property of Sterling, subject only to Sterling’s obligation to pay Cost and Royalties as set forth herein from Net Returns resulting from the sale thereof. Sterling shall dispose of such ore, concentrates, metals or other mineral substances in such manner and by such means as Sterling, in its sole judgment, may determine to provide the optimum Net Returns for the Property, and for the mutual benefit of Sterling and Xxxxxxx. Should Sterling consume the product internally, it shall credit the Property with Net Returns equal to then-prevalent terms offered to other sellers of similar products in similar quantities by Sterling. 2.5 Sterling shall have the right to occupy the surface of the Property and is subject to any obligation or lease of such surface or subsurface by Xxxxxxx in effect prior to November 14, 2003.

Lease; Possession; Control. 2.1 Xxxxxxx 3.1 Sunshine hereby leases, demises and assigns leases to Sterling all of its rightthe Property, title and interest to the Property including all mineral and ore in place and any other mineral values. 2.2 3.2 On the Effective Date and subject to the terms tenors and conditions of this Lease, Sterling shall have exclusive possessionright to explore, management develop and control of mine the Property, surface and subsurface, Property through the term of the this Lease and any any. extension thereof, unless the term of this Lease is terminated pursuant to Sections 14 15 or 16 17 hereof. 2.2.1 3.2.1 During the term of this Lease the rights granted to Sterling include the exclusive right to explore, develop and mine the Propertyproperty; to extract ore; to mill the same; to apply such other metallurgical processes as are deemed necessary; and to market the ore or concentrates derived from the Property, ; and to retain the proceeds from the sale of such ore, concentrates or other substances subject to provisions of section 7substances. 2.3 Xxxxxxx 3.3 Sunshine acknowledges that during the term of this Lease all decisions with respect to exploration, development and mining of the Property, and with respect to the character of the work performed thereon by Sterling under the terms of this Lease shall be solely those of Sterling, whose only obligation to Xxxxxxx Sunshine in this regard is that such work will be performed in a sound miner-like manner. No other obligations are intended or implied, in fact or law, between the parties. Sterling shall be the operator of the Property. 2.4 Xxxxxxx 3.4 Sunshine acknowledges and agrees aggress that all ore, concentrates, metals or other mineral substances produced from the Property shall be the property of Sterling, subject only to Sterling’s obligation to pay Cost and Royalties make annual lease payments as set forth herein from Net Returns resulting from the sale thereofherein. Sterling shall may dispose of such ore, concentrates, metals or .or other mineral substances in such manner and by such means as Sterling, in its sole judgment, may determine to provide the optimum Net Returns for the Propertydetermine. Disposal of these materials will be in accordance with any applicable Federal, and for the mutual benefit of Sterling and Xxxxxxx. Should Sterling consume the product internallyState, it shall credit the Property with Net Returns equal to then-prevalent terms offered to other sellers of similar products in similar quantities by Sterlingor local laws. 2.5 3.5 Sunshine retains the timber rights to the surface properties. Sterling shall will be allotted twenty-five percent (25%) of the net proceeds. Additionally, if and when the mine is operated, Sterling will have the right to occupy use the surface of the Property lay-down areas, waste rock disposal areas, and is subject to any obligation or lease of such surface or subsurface tailings ponds retained by Xxxxxxx in effect prior to November 14, 2003Sunshine.