Mine Facility Lease Sample Clauses

Mine Facility Lease. (a) The Acquired Corporation has the right to use the Mine Facility in accordance with the Mine Facility Lease. A copy of the Mine Facility Lease has been delivered to the Purchaser along with copies of all deeds and other instruments relating to the Mine Facility Lease, and copies of all insurance policies, opinions, abstracts, and surveys (if any) to the Knowledge of the Seller in the possession of the Seller, relating to the Mine Facility have been delivered to the Purchaser. (b) Since June 29, 2018, to the Knowledge of the Seller: (i) all buildings, plants, structures, fixtures and improvements located on the Mine Facility were constructed, in material compliance with all requirements of Applicable Law, including applicable land use planning, zoning and building code requirements and comply therewith; (ii) all such buildings, plants, structures, fixtures and improvements are and have been used and operated, at all times, by the Acquired Corporation in accordance with all requirements of Applicable Law; (iii) the Mine Facility is structurally sound and free of material defects (latent or otherwise) and suitable and appropriate for the purposes which they are currently being used. To the Knowledge of the Seller, the Mine Facility is in good operating condition and in a state of good maintenance and repair, and it is not in need of maintenance or repairs, except for ordinary routine maintenance and repairs that are not material in nature or cost. No Order has been issued or, to the Knowledge of the Seller, threatened with respect to the Mine Facility, the use thereof by the Acquired Corporation, including any Order advising of any defects in the construction or state of repair thereof, requiring any work to be done with respect thereto, or advising of any other non-compliance with any Applicable Law, including with respect to fire, safety, land use planning, zoning, construction, occupancy or otherwise. (c) The Acquired Corporation is not in default under any of the Permitted Encumbrances affecting the Mine Facility, nor has it breached any of the terms thereof. (d) To the Knowledge of the Seller, the Acquired Corporation does not owe any monies to any Person for labour, materials, work or services performed, rendered or supplied to or in connection with the Mine Facility for which such Person could claim an Encumbrance. (e) The Seller has no knowledge of any fact relevant to the Mine Facility which could significantly lower its value or significantly inc...