Non-Compete Covenants. A Participant that is deemed to have withdrawn pursuant to Section 6.4 or has withdrawn pursuant to Section 11.3 shall not directly or indirectly acquire any interest in property within the Area of Interest for two (2) years after the effective date of withdrawal. If the withdrawing Participant, or the Affiliate of a withdrawing Participant, breaches this Section 11.7, such Participant or Affiliate shall be obligated to offer to convey to the non-withdrawing Participant, without cost, any such property or interest so acquired. Such offer shall be made in writing and can be accepted by the non-withdrawing Participant at any time within forty-five (45) days after it is received by such non-withdrawing Participant.
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Samples: Venture Agreement (New Jersey Mining Co), Venture Agreement (New Jersey Mining Co)
Non-Compete Covenants. A Participant that withdraws pursuant to Section 12.2, or is deemed to have withdrawn pursuant to Section 6.4 Sections 6.2 or has withdrawn pursuant to Section 11.3 6.7 shall not directly or indirectly acquire any interest in property within the Area of Interest for two (2) years after the effective date of withdrawal. If the a withdrawing Participant, or the an Affiliate of a withdrawing Participant, breaches this Section 11.712.7, such Participant or Affiliate shall be obligated to offer to convey to the non-withdrawing Participant, without cost, any such property or interest so acquired. Such offer shall be made in writing and can be accepted by the non-withdrawing Participant at any time within forty-five (45) days after it is received by such non-withdrawing Participant.
Appears in 2 contracts
Samples: Lease Agreement (Idaho Consolidated Metals Corp), Agreement (Idaho Consolidated Metals Corp)
Non-Compete Covenants. A Participant that withdraws pursuant to Section 12.2, or is deemed to have withdrawn pursuant to Section 6.4 Sections 6.2 or has withdrawn pursuant to Section 11.3 6.7 shall not directly or indirectly acquire any interest in property within the Area of Interest for two (2) years after the effective date of withdrawal. If the a withdrawing Participant, or the an Affiliate of a withdrawing Participant, breaches this Section 11.712.7, such Participant or of Affiliate shall be obligated to offer to convey to the non-withdrawing Participant, without cost, any such property or interest so acquired. Such offer shall be made in writing and can be accepted by the non-withdrawing Participant at any time within forty-five (45) days after it is received by such non-withdrawing Participant.
Appears in 2 contracts
Samples: Joint Venture Agreement (Trend Mining Co), Trend Stillwater Venture Agreement (Aurora Metals Bvi LTD)
Non-Compete Covenants. A Neither a Participant that withdraws pursuant to Section 12.3, or is deemed to have withdrawn pursuant to Section 6.4 or has withdrawn pursuant to Section 11.3 6.5, nor any Affiliate of such Participant, shall not directly or indirectly acquire any interest in property within the Area of Mutual Interest for two (2) years 12 months after the effective date of withdrawal. If the a withdrawing Participant, or the Affiliate of a withdrawing Participant, breaches this Section 11.712.6, such Participant or Affiliate shall be obligated to offer to convey to the non-withdrawing Participant, without cost, any such property or interest so acquired. Such offer shall be made in writing and can be accepted by the non-withdrawing Participant at any time within forty-five (45) 45 days after it is received by such non-withdrawing Participant.
Appears in 2 contracts
Samples: Mining Venture Agreement (Us Energy Corp), Mining Venture Agreement (Crested Corp)
Non-Compete Covenants. A Participant that is deemed to have withdrawn pursuant to Section 6.4 Subsection 5.2.3.2(iii), Sections 6.3, 6.4, 11.1, 11.2, 11.3 or has withdrawn pursuant to Section 11.3 11.4, shall not directly or indirectly acquire any interest in property within the Area of Interest for two (2) years after the effective date of withdrawal. If the withdrawing Participant, or the Affiliate of a withdrawing Participant, breaches this Section 11.711.8, such Participant or Affiliate shall be obligated to offer to convey to the non-withdrawing Participant, without cost, any such property or interest so acquired. Such offer shall be made in writing and can be accepted by the non-withdrawing Participant at any time within forty-five (45) days after it is received by such non-withdrawing Participant.
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Non-Compete Covenants. A If this Agreement terminates under any of its provisions except Section 12.2, or if a Participant that withdraws or is deemed to have withdrawn pursuant to Section 6.4 under any provision, neither the defaulting or has withdrawn pursuant to Section 11.3 withdrawing Participant, as the case may be, nor its Affiliates shall not directly or indirectly acquire any interest in property within the Area of Interest for two (2) years 12 months after the effective date of termination or withdrawal, as applicable. If the withdrawing such Participant, or the Affiliate of a withdrawing such Participant, breaches this Section 11.712.4, such Participant or Affiliate shall be obligated to offer to convey to the non-withdrawing other Participant, without cost, any such property or interest so acquired. Such offer shall be made in writing and can be accepted by the non-withdrawing other Participant at any time within forty-five (45) 45 days after it is received by such non-withdrawing other Participant.
Appears in 1 contract
Samples: Kennecott Agreement (Golden Phoenix Minerals Inc /Fa/)
Non-Compete Covenants. A Participant that withdraws pursuant to Section 13.3, or is deemed to have withdrawn pursuant to Section 6.4 13.3, or has is deemed to have withdrawn pursuant to Section 11.3 7.7, shall not directly or indirectly acquire any interest in property within the Area of Interest for two twelve (212) years months after the effective date of withdrawal. If the a withdrawing Participant, or the Affiliate of a withdrawing Participant, breaches this Section 11.713.6, such Participant or Affiliate shall be obligated to offer to convey to the non-withdrawing Participant, without cost, any such property or interest so acquired. Such offer shall be made in writing and can be accepted by the non-withdrawing Participant at any time within forty-five (45) days after it is received by such non-withdrawing Participant.
Appears in 1 contract
Samples: In and Joint Venture Agreement (Pan American Lithium Corp)
Non-Compete Covenants. A Participant that withdraws pursuant to Section 12.03, or is deemed to have withdrawn pursuant to Section 6.4 5.02 or has withdrawn pursuant to Section 11.3 6.05, and all Affiliates of such a withdrawing Participant, shall not directly or indirectly acquire any interest in property within the Area of Interest for two (2) years 12 months after the effective date of withdrawal. If the a withdrawing Participant, or the an Affiliate of a withdrawing Participant, breaches this Section 11.712.06, such Participant or Affiliate shall be obligated to offer to convey to the non-withdrawing Participant, without cost, any such property or interest so acquired. Such offer shall be made in writing and can be accepted by the non-withdrawing Participant at any time within forty-five (45) 45 days after it is received by such non-withdrawing Participant.
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Non-Compete Covenants. A Participant that withdraws pursuant to Section 12.2, or is deemed to have withdrawn pursuant to Section 6.4 5.2, 6.4, or has withdrawn pursuant to Section 11.3 6.5, shall not directly or indirectly acquire any interest in property within the Area of Interest for two (2) years after the effective date of withdrawal. If the a withdrawing Participant, or the an Affiliate of a withdrawing Participant, breaches this Section 11.712.7, such Participant or Affiliate shall be obligated to offer to convey to the non-withdrawing Participant, without cost, any such property or interest so acquired. Such offer shall be made in writing and can be accepted by the non-withdrawing Participant at any time within forty-five (45) days after it is received by such non-withdrawing Participant.
Appears in 1 contract
Samples: Joint Development Agreement (Idaho Consolidated Metals Corp)
Non-Compete Covenants. A Participant that withdraws pursuant to Section 12.2, or is deemed to have withdrawn pursuant to Section 6.4 6.4(b)(ii) or has withdrawn pursuant to Section 11.3 6.5, shall not directly or indirectly acquire any interest in property within the Area of Interest for two (2) years 12 months after the effective date of withdrawal. If the a withdrawing Participant, or the Affiliate of a withdrawing Participant, breaches this Section 11.712.5, such Participant or Affiliate shall be obligated to offer to convey to the non-withdrawing nonwithdrawing Participant, without cost, any such property or interest so acquired. Such offer shall be made in writing and can be accepted by the non-withdrawing nonwithdrawing Participant at any time within forty-five (45) 45 days after it is received by such non-withdrawing nonwithdrawing Participant.
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