Common use of Non-Compete Covenants Clause in Contracts

Non-Compete Covenants. Neither a Participant that withdraws pursuant to SECTION 12.3, or is deemed to have withdrawn pursuant to SECTIONS 6.3 or 10.5, nor any Affiliate of such a Participant, shall directly or indirectly acquire any interest or right to explore or mine, or both, on any property any part of which is within the Area of Interest for twenty-four (24) months after the effective date of withdrawal. If a withdrawing Participant, or the Affiliate of a withdrawing Participant, breaches this SECTION 12.6, such Participant shall be obligated to offer to convey to the non-withdrawing Participant, without cost, any such property or interest so acquired (or ensure its Affiliate offers to convey the property or interest to the non-withdrawing Participant, if the acquiring party is the withdrawing Participant's Affiliate). Such offer shall be made in writing and can be accepted by the non-withdrawing Participant at any time within ten (10) days after the offer is received by such non-withdrawing Participant. Failure of a Participant's Affiliate to comply with this SECTION 12.6 shall be a breach by such Participant of this Agreement.

Non-Compete Covenants. Neither a Participant that withdraws pursuant to SECTION Section 12.3, or is deemed to have withdrawn pursuant to SECTIONS 6.3 Sections 5.2, 6.3, or 10.5, nor any Affiliate of such a Participant, shall directly or indirectly acquire any interest or right to explore or mine, or both, on any property any part of which is within the Area of Interest for twenty-four (24) months 365 days after the effective date of withdrawal. If a withdrawing Participant, or the Affiliate of a withdrawing Participant, breaches this SECTION 12.6Section 12.5, such Participant shall be obligated to offer to convey to the non-withdrawing Participant, without cost, any such property or interest so acquired (or ensure its Affiliate offers to convey the property or interest to the non-withdrawing Participant, if the acquiring party is the withdrawing Participant's ’s Affiliate). Such offer shall be made in writing and can be accepted by the non-withdrawing Participant at any time within ten (10) days after the offer is received by such non-withdrawing Participant. Failure of a Participant's ’s Affiliate to comply with this SECTION Section 12.6 shall be a breach by such Participant of this Agreement.. TABLE OF CONTENTS (continued) Page

Non-Compete Covenants. Neither a Participant that withdraws pursuant to SECTION 12.3Section 12.3 , or is deemed to have withdrawn pursuant to SECTIONS Sections 6.3 or 10.5, nor any Affiliate of such a Participant, shall directly or indirectly acquire any interest or right to explore or mine, or both, on any property any part of which is within the Area of Interest for twenty-four (24) months after the effective date of withdrawal. If a withdrawing Participant, or the Affiliate of a withdrawing Participant, breaches this SECTION 12.6Section 12.6 , such Participant shall be obligated to offer to convey to the non-withdrawing Participant, without costcost to the non-withdrawing Participant, any such property or interest so acquired (or ensure its Affiliate offers to convey the property or interest to the non-withdrawing Participant, if the acquiring party is the withdrawing Participant's Affiliate). Such offer shall be made in writing and can be accepted by the non-withdrawing Participant at any time within ten (10) days after the offer is received by such non-withdrawing Participant. Failure of a Participant's ’s Affiliate to comply with this SECTION Section 12.6 shall be a breach by such Participant of this Agreement.

Non-Compete Covenants. Neither a Participant that withdraws pursuant to SECTION Section 12.3, or is deemed to have withdrawn pursuant to SECTIONS Sections 5.2, 6.3 or 10.5, nor any Affiliate of such a Participant, shall directly or indirectly acquire any interest or right to explore or mine, or both, on any property any part of which is within the Area of Interest for twenty-four (24) 12 months after the effective date of withdrawal. If a withdrawing Participant, or the Affiliate of a withdrawing Participant, breaches this SECTION Section 12.6, such Participant shall be obligated to offer to convey to the non-withdrawing Participant, without cost, any such property or interest so acquired (or ensure its Affiliate offers to convey the property or interest to the non-withdrawing Participant, if the acquiring party is the withdrawing Participant's ’s Affiliate). Such offer shall be made in writing and can be accepted by the non-withdrawing Participant at any time within ten (10) 10 days after the offer is received by such non-withdrawing Participant. Failure of a Participant's ’s Affiliate to comply with this SECTION Section 12.6 shall be a breach by such Participant of this Agreement.

Non-Compete Covenants. Neither a Participant that withdraws pursuant to SECTION Section 12.3, or is deemed to have withdrawn pursuant to SECTIONS Sections 5.2, 6.3 or 10.5, nor any Affiliate of such a Participant, shall directly or indirectly acquire any interest or right to explore or mine, or both, on any property any part of which is within the Area of Interest for twenty-four (24) months after the effective date of withdrawal. If a withdrawing Participant, or the Affiliate of a withdrawing Participant, breaches this SECTION Section 12.6, such Participant shall be obligated to offer to convey to the non-withdrawing Participant, without cost, any such property or interest so acquired (or ensure its Affiliate offers to convey the property or interest to the non-withdrawing Participant, if the acquiring party is the withdrawing Participant's ’s Affiliate). Such offer shall be made in writing and can be accepted by the non-withdrawing Participant at any time within ten (10) days after the offer is received by such non-withdrawing Participant. Failure of a Participant's ’s Affiliate to comply with this SECTION Section 12.6 shall be a breach by such Participant of this Agreement.

Non-Compete Covenants. Neither a Participant that withdraws pursuant to SECTION Section 12.3, or is deemed to have withdrawn pursuant to SECTIONS Sections 5.2, 6.3 or 10.5, nor any Affiliate of such a Participant, shall directly or indirectly acquire any interest or right to explore or mine, or both, on any property any part of which is within the Area of Interest for twenty-four twelve (2412) months after the effective date of withdrawal. If a withdrawing Participant, or the Affiliate of a withdrawing Participant, breaches this SECTION Section 12.6, such Participant shall be obligated to offer to convey to the non-withdrawing ParticipantParticipants, without cost, any such property or interest so acquired (or ensure its Affiliate offers to convey the property or interest to the non-withdrawing ParticipantParticipants, if the acquiring party is the withdrawing Participant's ’s Affiliate). Such offer shall be made in writing and can be accepted by the non-withdrawing Participant Participants at any time within ten (10) days after the offer is received by such non-withdrawing ParticipantParticipants. Failure of a Participant's ’s Affiliate to comply with this SECTION Section 12.6 shall be a breach by such Participant of this Agreement.

Non-Compete Covenants. Neither a Participant that withdraws pursuant to SECTION Section 12.3, or is deemed to have withdrawn pursuant to SECTIONS Sections 5.2, 6.3 or 10.5, nor any Affiliate of such a Participant, shall directly or indirectly acquire any interest or right to explore or mine, or both, on any property any part of which is within the Area of Interest for twenty-four twelve (2412) months after the effective date of withdrawal. If a withdrawing Participant, or the Affiliate of a withdrawing Participant, breaches this SECTION Section 12.6, such Participant shall be obligated to offer to convey to the non-withdrawing Participant, without cost, any such property or interest so acquired (or ensure its Affiliate offers to convey the property or interest to the non-withdrawing Participant, if the acquiring party is the withdrawing Participant's ’s Affiliate). Such offer shall be made in writing and can be accepted by the non-withdrawing Participant at any time within ten (10) days after the offer is received by such non-withdrawing Participant. Failure of a Participant's ’s Affiliate to comply with this SECTION Section 12.6 shall be a breach by such Participant of this Agreement.

Non-Compete Covenants. Neither a Participant that withdraws pursuant to SECTION Section 12.3, or is deemed to have withdrawn pursuant to SECTIONS Sections 6.3 or 10.5, nor any Affiliate of such a Participant, shall directly or indirectly acquire any interest or right to explore or mine, or both, on any property any part of which is within the Area of Interest for twenty-twenty- four (24) months after the effective date of withdrawal. If a withdrawing Participant, or the Affiliate of a withdrawing Participant, breaches this SECTION Section 12.6, such Participant shall be obligated to offer to convey to the non-withdrawing Participant, without cost, any such property or interest so acquired (or ensure its Affiliate offers to convey the property or interest to the non-withdrawing Participant, if the acquiring party is the withdrawing Participant's ’s Affiliate). Such offer shall be made in writing and can be accepted by the non-withdrawing Participant at any time within ten (10) days after the offer is received by such non-withdrawing Participant. Failure of a Participant's ’s Affiliate to comply with this SECTION Section 12.6 shall be a breach by such Participant of this Agreement.

Non-Compete Covenants. Neither a Participant that withdraws pursuant to SECTION Section 12.3, or is deemed to have withdrawn pursuant to SECTIONS Sections 5.2, 6.3 or 10.5, nor any Affiliate of such a Participant, shall shall, directly or indirectly indirectly, acquire any interest or right to explore or mine, or both, on any property any part of which is within the Area of Interest for twenty-four (24) 12 months after the effective date of withdrawal. If a withdrawing Participant, or the Affiliate of a withdrawing Participant, breaches this SECTION Section 12.6, such Participant shall be obligated to offer to convey to the non-withdrawing Participant, without cost, any such property or interest so acquired (or ensure its Affiliate offers to convey the property or interest to the non-withdrawing Participant, if the acquiring party is the withdrawing Participant's Affiliate). Such offer shall be made in writing and can be accepted by the non-withdrawing Participant at any time within ten (10) 30 days after the offer is received by such non-withdrawing Participant. Failure of a Participant's Affiliate to comply with this SECTION Section 12.6 shall be deemed to be a breach by such Participant of this AgreementAgreement by the applicable Participant.

Non-Compete Covenants. Neither a Participant that withdraws pursuant to SECTION Section 12.3, or is deemed to have withdrawn pursuant to SECTIONS Sections 5.2, 6.3 or 10.5, nor any Affiliate of such a Participant, shall directly or indirectly acquire any interest or right to explore or mine, or both, on any property any part of which is within the Area of Interest for twenty-four twelve (2412) months after the effective date of withdrawal. If a withdrawing Participant, or the Affiliate of a withdrawing Participant, breaches this SECTION Section 12.6, such Participant shall be obligated to offer to convey to the non-withdrawing Participant, without cost, any such property or interest so acquired (or ensure its Affiliate offers to convey the property or interest to the non-withdrawing Participant, if the acquiring party is the withdrawing Participant's Affiliate). Such offer shall be made in writing and can be accepted by the non-withdrawing Participant at any time within ten (10) days after the offer is received by such non-withdrawing Participant. Failure of a Participant's Affiliate to comply with this SECTION Section 12.6 shall be a breach by such Participant of this Agreement.

Non-Compete Covenants. Neither a Participant that withdraws pursuant to SECTION Section 12.3, or is deemed to have withdrawn pursuant to SECTIONS Sections 6.3 or 10.5, nor any Affiliate of such a Participant, shall directly or indirectly acquire any interest or right to explore or mine, or both, on any property any part of which is within the Area of Interest for twenty-four twelve (2412) months after the effective date of withdrawal. If a withdrawing Participant, or the Affiliate of a withdrawing Participant, breaches this SECTION Section 12.6, such Participant shall be obligated to offer to convey to the non-withdrawing Participant, without cost, any such property or interest so acquired (or ensure its Affiliate offers to convey the property or interest to the non-withdrawing Participant, if the acquiring party is the withdrawing Participant's ’s Affiliate). Such offer shall be made in writing and can be accepted by the non-withdrawing Participant at any time within ten (10) days after the offer is received by such non-withdrawing Participant. Failure of a Participant's ’s Affiliate to comply with this SECTION Section 12.6 shall be a breach by such Participant of this Agreement.