Obligations of Optionee. During the Option Period, the Optionee shall: (a) comply with the provisions of the Mining Act, including any duty or requirement to consult with or provide notice to aboriginal communities as set out in the Mining Act, particularly during the early exploration stage of the mining process and with respect to the requirements to submit to the Ministry an exploration plan and obtain from the Ministry an exploration permit prior to carrying out certain early exploration activities in respect of the Property; (b) keep a record of any and all material efforts taken by the Optionee to notify and consult with aboriginal communities and to provide such records to the Ministry upon request; (c) conduct all Mining Operations in accordance with applicable Environmental Laws; (d) conduct all Mining Operations and supervise the operation of all contractors and or sub-contractors in, on and under the Property to ensure that the Mining Operations are being conducted in a good and workmanlike manner, in accordance with good mining practice and in compliance with all applicable laws. Without limiting the generality of the foregoing, the Optionee shall, on the completion of its work or at the end of the term of this Agreement, leave the Property in a safe condition with any and all openings safeguarded in accordance with the provisions of all applicable legislation, regulations and other laws affecting them; (e) pay or cause to be paid all workmen's wages and for all materials, supplies and services delivered to or performed on or in respect of the Property, so as to avoid any woodsman, builders, or construction liens from arising; (f) maintain the Property in good standing by doing all assessment work, recording all exploration and development work done on the Property in accordance with the requirements of the Mining Act, paying all exploration licenses fees and by doing all other acts and things that may be necessary in that regard until the termination or expiration of the Agreement or the abandonment of rights and options granted hereunder; (g) abide by all directions of the relevant Minister or any other governmental authority having jurisdiction over the Mining Operations; (h) permit the directors, officers, employees and designated consultants of the Optionor, at their own risk and cost, reasonable access to the Property and to all technical records, other factual and engineering data and all financial records relating to the Property which is in the possession of the Optionee at all reasonable times, subject to Article 9; (i) indemnify and save the Optionor harmless in respect of any and all reasonably foreseeable costs, claims, liabilities and expenses arising out of the Optionee's gross negligence or wilful misconduct in respect of its activities on the Property during the Option Period and, without limiting the generality of the foregoing, the Optionee shall obtain and maintain, and cause any contractor or subcontractor to obtain and maintain adequate general liability insurance in accordance with the business practices prevailing in the junior mining industry in Canada during any period in which active work is carried out on the Property; provided that the Optionee shall incur no obligation thereunder in respect of claims arising or damages suffered after termination of the Option if upon termination of the Option any workings or improvements to the Property made by the Optionee are left in a safe condition; and (j) deliver to the Optionor forthwith after receipt by the Optionee material data and results, assay results for samples taken from the Property, together with reports showing the location from which the samples were taken and the type of samples.
Appears in 2 contracts
Samples: Property Option Agreement, Option Agreement
Obligations of Optionee. During the Option Period, the Optionee shall:
(a) comply with the provisions of the Mining Act, including any duty or requirement pay such costs as are required to consult with or provide notice to aboriginal communities as set out in the Mining Act, particularly during the early exploration stage of the mining process and with respect to the requirements to submit to the Ministry an exploration plan and obtain from the Ministry an exploration permit prior to carrying out certain early exploration activities in respect of the Property;
(b) keep a record of any and all material efforts taken by the Optionee to notify and consult with aboriginal communities and to provide such records to the Ministry upon request;
(c) conduct all Mining Operations in accordance with applicable Environmental Laws;
(d) conduct all Mining Operations and supervise the operation of all contractors and or sub-contractors in, on and under the Property to ensure that the Mining Operations are being conducted in a good and workmanlike manner, in accordance with good mining practice and in compliance with all applicable laws. Without limiting the generality of the foregoing, the Optionee shall, on the completion of its work or at the end of the term of this Agreement, leave the Property in a safe condition with any and all openings safeguarded in accordance with the provisions of all applicable legislation, regulations and other laws affecting them;
(e) pay or cause to be paid all workmen's wages and for all materials, supplies and services delivered to or performed on or in respect of the Property, so as to avoid any woodsman, builders, or construction liens from arising;
(f) maintain the Property in good standing those mineral claims comprising the Property that are in good standing on the Effective Date by the doing and filing for credit of all assessment work, recording all exploration and development work done eligible expenditures completed on the Property or the making of payments in accordance with lieu thereof, by the requirements payment of taxes and rentals and the Mining Act, paying all exploration licenses fees and by doing performance of all other acts and things that actions which may be necessary in that regard until and in order to keep such mineral claims free and clear of all liens, charges and encumbrances arising from the termination or expiration of exploration activities undertaken hereunder, except those at the Agreement or time contested in good faith by the abandonment of rights and options granted hereunderOptionee;
(g) abide by all directions of the relevant Minister or any other governmental authority having jurisdiction over the Mining Operations;
(hb) permit the directors, officers, employees and designated consultants of the Optionor, at their own risk and cost, reasonable access to the Property and to all technical records, other factual and engineering data and all financial records relating to the Property which is in the possession of the Optionee at all reasonable times, subject to Article 9;
(ic) while exploration and development is carried out, furnish the Optionor with a final report within ninety (90) days following the conclusion of each program. The final report shall show the exploration and development performed and the results obtained and shall be accompanied by a statement of costs and copies of pertinent plans, assay maps, diamond drill records and other factual engineering data. All information and data concerning or derived from the exploration and development shall be kept confidential, except as permitted under Article 9;
(d) deliver to the Optionor on or before March 30th in each year during the Option Period, a report (including up to date maps if there are any) describing the results of work done in the last completed calendar year, together with reasonable details of Expenditures made;
(e) do all work on the Property in a good and workmanlike fashion and in accordance with all applicable laws, regulations, orders and ordinances of any governmental authority;
(f) indemnify and save the Optionor harmless in respect of any and all reasonably foreseeable costs, claims, liabilities and expenses arising out of the Optionee's gross negligence or wilful misconduct in respect of its activities on the Property during the Option Period and, without limiting the generality of the foregoing, the Optionee shall obtain and maintain, and cause any contractor or subcontractor to obtain and maintain adequate general liability insurance in accordance with the business practices prevailing in the junior mining industry in Canada during any period in which active work is carried out on the Property; provided that the Optionee shall incur no obligation thereunder in respect of claims arising or damages suffered after termination of the Option if upon termination of the Option any workings or improvements to the Property made by the Optionee are left in a safe condition; and;
(jg) deliver to the Optionor forthwith after receipt by the Optionee material data and results, assay results for samples taken from the Property, together with reports showing the location from which the samples were taken and the type of samples; and
(h) meet with the Optionor in British Columbia as and in a location reasonably requested by the Optionor once per year during the Option Period to discuss and review the status of exploration and Expenditures, provided that such meetings do not reasonably interfere with the activities of the Optionee hereunder.
Appears in 1 contract
Samples: Property Option Agreement
Obligations of Optionee. During the Option Period, the Optionee shall:
(a) comply with the provisions of the Mining Act, including any duty or requirement pay such costs as are required to consult with or provide notice to aboriginal communities as set out in the Mining Act, particularly during the early exploration stage of the mining process and with respect to the requirements to submit to the Ministry an exploration plan and obtain from the Ministry an exploration permit prior to carrying out certain early exploration activities in respect of the Property;
(b) keep a record of any and all material efforts taken by the Optionee to notify and consult with aboriginal communities and to provide such records to the Ministry upon request;
(c) conduct all Mining Operations in accordance with applicable Environmental Laws;
(d) conduct all Mining Operations and supervise the operation of all contractors and or sub-contractors in, on and under the Property to ensure that the Mining Operations are being conducted in a good and workmanlike manner, in accordance with good mining practice and in compliance with all applicable laws. Without limiting the generality of the foregoing, the Optionee shall, on the completion of its work or at the end of the term of this Agreement, leave the Property in a safe condition with any and all openings safeguarded in accordance with the provisions of all applicable legislation, regulations and other laws affecting them;
(e) pay or cause to be paid all workmen's wages and for all materials, supplies and services delivered to or performed on or in respect of the Property, so as to avoid any woodsman, builders, or construction liens from arising;
(f) maintain the Property in good standing those mineral claims comprising the Property that are in good standing on the Effective Date by the doing and filing for credit of all assessment work, recording all exploration and development work done eligible expenditures completed on the Property or the making of payments in accordance with lieu thereof, by the requirements payment of taxes and rentals and the Mining Act, paying all exploration licenses fees and by doing performance of all other acts and things that actions which may be necessary in that regard until and in order to keep such mineral claims free and clear of all liens, charges and encumbrances arising from the termination or expiration of exploration activities undertaken hereunder, except those at the Agreement or time contested in good faith by the abandonment of rights and options granted hereunderOptionee;
(g) abide by all directions of the relevant Minister or any other governmental authority having jurisdiction over the Mining Operations;
(hb) permit the directors, officers, employees and designated consultants of the OptionorOptionors, at their own risk and cost, reasonable access to the Property and to all technical records, other factual and engineering data and all financial records relating to the Property which is in the possession of the Optionee at all reasonable times, subject to Article 910;
(ic) while exploration and development is carried out, furnish the Optionors with a final report within ninety (90) days following the conclusion of each program. The final report shall show the exploration and development performed and the results obtained and shall be accompanied by a statement of costs and copies of pertinent plans, assay maps, diamond drill records and other factual engineering data. All information and data concerning or derived from the exploration and development shall be kept confidential, except as permitted under Article 10;
(d) deliver to the Optionors on or before March 30th in each year during the Option Period, a report (including up to date maps if there are any) describing the results of work done in the last completed calendar year, together with reasonable details of Expenditures made;
(e) do all work on the Property in a good and workmanlike fashion and in accordance with all applicable laws, regulations, orders and ordinances of any governmental authority;
(f) indemnify and save the Optionor Optionors harmless in respect of any and all reasonably foreseeable costs, claims, liabilities and expenses arising out of the Optionee's gross negligence or wilful misconduct in respect of its activities on the Property during the Option Period and, without limiting the generality of the foregoing, the Optionee shall obtain and maintain, and cause any contractor or subcontractor to obtain and maintain adequate general liability insurance in accordance with the business practices prevailing in the junior mining industry in Canada during any period in which active work is carried out on the Property; provided that the Optionee shall incur no obligation thereunder in respect of claims arising or damages suffered after termination of the Option if upon termination of the Option any workings or improvements to the Property made by the Optionee are left in a safe condition; and;
(jg) deliver to the Optionor Optionors forthwith after receipt by the Optionee material data and results, assay results for samples taken from the Property, together with reports showing the location from which the samples were taken and the type of samples; and
(h) meet with the Optionors in British Columbia as and in a location reasonably requested by the Optionors once per year during the Option Period to discuss and review the status of exploration and Expenditures, provided that such meetings do not reasonably interfere with the activities of the Optionee hereunder.
Appears in 1 contract
Samples: Property Option Agreement