Common use of Non-Payment/Breach Clause in Contracts

Non-Payment/Breach. The accepted exploration contract does not apply to an exploration tenement (nor to the carrying out of exploration activities under that exploration tenement), where it is an exploration tenement of a kind referred to in paragraph (b), (c) or (d) of the definition of authorised exploration tenement , granted in respect of the whole or any portion of the land and/or waters (within the acceptance area), in the following circumstances: (a) the explorer has allegedly breached an essential term in clause 6.1, 6.3 or 6.4(b); (b) within 20 business days of the association or the representatives of the explorer (with a copy to the state) setting out: (i) details of that alleged breach; and (ii) that the explorer is required to remedy that alleged breach within a period of 20 business days of the date of that notice; (c) the explorer has not remedied that alleged breach within the 20 business days period notified by the indigenous parties under clause 14.1(b)(ii) and that 20 business days period expires prior to the grant of that exploration tenement; (d) the state is given a notice by the explorer or the association not less than 5 business days before the grant of that exploration tenement that it has been agreed, resolved or determined pursuant to clause 16 or otherwise that the explorer has breached that essential term; ; and (e) prior to the grant of that exploration tenement, the explorer has not remedied that breach.

Non-Payment/Breach. The accepted exploration contract does not apply to an exploration tenement (nor to the carrying out of exploration activities under that exploration tenement), where it is an exploration tenement of a kind referred to in paragraph (b), (c) or (d) of the definition of authorised exploration tenement tenement, granted in respect of the whole or any portion of the land and/or waters (within the acceptance area), in the following circumstances: (a) the explorer has allegedly breached an essential term in clause 6.1, 6.3 or 6.4(b); (b) within 20 business days of the association or the representatives of the explorer (with a copy to the state) setting out: (i) details of that alleged breach; and (ii) that the explorer is required to remedy that alleged breach within a period of 20 business days of the date of that notice; (c) the explorer has not remedied that alleged breach within the 20 business days period notified by the indigenous parties under clause 14.1(b)(ii) and that 20 business days period expires prior to the grant of that exploration tenement; (d) the state is given a notice by the explorer or the association not less than 5 business days before the grant of that exploration tenement that it has been agreed, resolved or determined pursuant to clause 16 or otherwise that the explorer has breached that essential term; ; and (e) prior to the grant of that exploration tenement, the explorer has not remedied that breach.

Non-Payment/Breach. The accepted exploration contract does not apply to an exploration tenement (nor to the carrying out of exploration activities under that exploration tenement), where it is an exploration tenement of a kind referred to in paragraph (b), (c) or (d) of the definition of authorised exploration tenement , granted in respect of the whole or any portion of the land and/or waters (within the acceptance area), in the following circumstances: (a) the explorer has allegedly breached an essential term in clause 6.1, 6.3 or 6.4(b); (b) within 20 business days of the association or the representatives of the native title parties becoming aware of that alleged breach, the indigenous parties have given notice of that alleged breach to the explorer (with a copy to the stateminister) setting out: (i) details of that alleged breach; and (ii) that the explorer is required to remedy that alleged breach within a period of 20 business days of the date of that notice; (c) the explorer has not remedied that alleged breach within the 20 business days period notified by the indigenous parties under clause 14.1(b)(ii15.1(b)(ii) and that 20 business days period expires prior to the grant of that exploration tenement; (d) the state minister is given a notice by the explorer or the association not less than 5 business days before the grant of that exploration tenement that it has been agreed, resolved or determined pursuant to clause 16 17 or otherwise that the explorer has breached that essential term; ; and (e) prior to the grant of that exploration tenement, the explorer has not remedied that breach.

Non-Payment/Breach. The accepted exploration contract does not apply to an exploration tenement (nor to the carrying out of exploration activities under that exploration tenement), where it is an exploration tenement of a kind referred to in paragraph (b), (c) or (d) of the definition of authorised exploration tenement tenement, granted in respect of the whole or any portion of the land and/or waters (within the acceptance area), in the following circumstances: (a) the explorer has allegedly breached an essential term in clause 6.1, 6.3 or 6.4(b); (b) within 20 business days of the association or the representatives of the native title parties becoming aware of that alleged breach, the indigenous parties have given notice of that alleged breach to the explorer (with a copy to the stateminister) setting out: (i) details of that alleged breach; and (ii) that the explorer is required to remedy that alleged breach within a period of 20 business days of the date of that notice; (c) the explorer has not remedied that alleged breach within the 20 business days period notified by the indigenous parties under clause 14.1(b)(ii15.1(b)(ii) and that 20 business days period expires prior to the grant of that exploration tenement; (d) the state minister is given a notice by the explorer or the association not less than 5 business days before the grant of that exploration tenement that it has been agreed, resolved or determined pursuant to clause 16 17 or otherwise that the explorer has breached that essential term; ; and (e) prior to the grant of that exploration tenement, the explorer has not remedied that breach.