Processing/Commingling. Banro and the Seller shall not and shall cause each of the Banro Group Entities to not process Other Minerals through the Processing Plant in priority to, or commingle Other Minerals with, gold mined, produced, extracted or otherwise recovered from the Properties, unless (i) the applicable Banro Group Entity has adopted and employs reasonable practices and procedures for weighing, determining moisture content, sampling and assaying and determining recovery factors (a “Commingling Plan”), such Commingling Plan to ensure the division of Other Minerals and Produced Gold for the purpose of determining the quantum of Produced Gold; (ii) the Purchasers shall not be disadvantaged as a result of the processing of Other Minerals in priority to, or concurrently with, Produced Gold; (iii) the Agent has approved the Commingling Plan, such approval not to be unreasonably withheld; (iv) the Banro Group Entity keeps all books, records, data, information and samples required by the Commingling Plan; and (v) the Banro Group Entity enters into a commingling agreement with the Agent, for and on behalf of the Purchasers, that provides that there is no negative impact on the gold production attributable to the stream as a result of the commingling. The Seller agrees to revisit the Commingling Plan if the Agent determines that circumstances have changed, in order to ensure that the Commingling Plan continues to provide for the accurate measurement of gold produced from the Properties.
Processing/Commingling. The Owner may, and may cause each of its affiliates to, process Other Minerals through the Mineral Processing Facility in priority to, or commingle Other Minerals with, Minerals mined, produced, extracted or otherwise recovered from the Mining Properties, including the commingling of concentrates, provided: (i) the Owner (or such affiliate) has adopted and employs commercially reasonable practices and procedures for weighing, determining moisture content, sampling and assaying and determining recovery factors (a “Commingling Plan”), such Commingling Plan to ensure the division of Other Minerals and Produced Silver for the purpose of determining the quantum of Produced Silver; (ii) Silver Wheaton shall not be disadvantaged as a result of the processing of Other Minerals in priority to, or concurrently with, Produced Silver, or the Supplier, the Owner and Silver Wheaton, each acting reasonably, shall have entered into an agreement to compensate Silver Wheaton for any such disadvantage; (iii) Silver Wheaton has approved the Commingling Plan, such approval not to be unreasonably withheld; and (iv) the Owner or such affiliate keeps all books, records, data, information and samples required by the Commingling Plan. The Parties agree to amend the terms of the Completion Test, as determined appropriate by each, acting commercially reasonably, in connection with the adoption of any Commingling Plan prior to the Completion Target Date.
Processing/Commingling. (1) The Seller PSA Entities shall process all Minerals through the Mineral Processing Facilities and ensure such processing occurs at the Mineral Processing Facilities in a manner consistent with the processing methods described in the Mine Plan. The Seller PSA Entities shall not process Other Minerals through the Mineral Processing Facilities, except in accordance with Section 6.2(2).
Processing/Commingling. The Seller shall not (and if applicable, any Seller Guarantors shall not and the Seller shall ensure the Seller Guarantors shall not) process Other Minerals through the processing facilities related to the Project in priority to or in place of, or commingle Other Minerals with, Minerals which are or can be mined, produced, extracted or otherwise recovered from the Properties while the Project can be operated profitably, unless the Seller Group Entities and the Purchaser shall have entered into an agreement, on terms and conditions satisfactory to the Purchaser, acting reasonably, that provides for the following: (i) the applicable Seller Group Entity shall have adopted and caused to be employed, reasonable practices and procedures for weighing, determining moisture content, sampling and assaying and determining recovery factors (a “Commingling Plan”), such Commingling Plan to ensure the division of Other Minerals and Minerals for the purposes of determining the quantum of the Produced Minerals; (ii) the Purchaser shall not be disadvantaged as a result of the processing of Other Minerals in place of, in priority to, or concurrently with, Minerals; (iii) the Purchaser shall have approved the Commingling Plan, and (iv) the Seller Group Entities shall be obligated to keep all books, records, data and samples required by the Commingling Plan. The Seller shall fully compensate the Purchaser for any disadvantage incurred or suffered by the Purchaser if and to the extent that the processing of Minerals mined, produced, extracted or otherwise recovered from the Properties through the processing facilities related to the Project is delayed as a result of such Other Minerals being processed through processing facilities related to the Project.
Processing/Commingling. (a) To the extent of its control, Seller shall ensure that neither the Manager nor any other Person on behalf of the Xxxx Xxxxxx JV shall sell unprocessed Minerals from the Properties or enter into any agreement for the processing of Minerals at a facility owned by a third party without the consent of Purchaser, not to be unreasonably withheld, conditioned or delayed.
Processing/Commingling. (a) The Parent Company and the Seller PMPA Entities shall cause the Mine Owner to process all Minerals through the Mineral Processing Facility and ensure such processing occurs at the Mineral Processing Facility in a manner consistent with the processing methods described in the then current technical report in respect of the Mining Properties prepared under NI 43-101 and in priority to Other Minerals. Seller and Parent Company shall cause the Mine Owner to not process Other Minerals through the Mineral Processing Facility unless the following conditions have been satisfied:
Processing/Commingling. (a) The Seller may permit the Mine Owner to process, and the Mine Owner may process, Other Minerals through the Mineral Processing Facilities in priority to or in place of, or commingle Other Minerals with, Minerals containing Reference Copper prior to the month in which the First Chapada Delivery Threshold Date occurs provided that the Seller sells and delivers to the Purchaser pursuant to this Agreement, at a minimum, for each calendar month from and after the Effective Date until the calendar month in which the First Chapada Delivery Threshold Date occurs, the lesser of (i) the Fixed Payable Copper or (ii) the sum of (A) Payable Copper and (B) Refined Copper in the amount equal to (I) 4.2% multiplied by (II) the copper contained in Other Minerals in respect of which an Offtaker Payment has been received by the Mine Owner or any of its Affiliates during such calendar month (after deducting or factoring in the payable rate for copper contained in the applicable Offtake Agreement).
Processing/Commingling. (a) Project Owner shall process all Minerals through the Mineral Processing Facility and ensure such processing occurs at the Mineral Processing Facility in a manner consistent with the processing methods described in the Feasibility Study and in priority to Other Minerals. Project Owner shall not process Other Minerals through the Mineral Processing Facility unless the following conditions have been satisfied:
Processing/Commingling. (a) All Minerals shall be processed through the Processing Plant in a manner consistent or similar with the processing methods described in the Initial Development Plan. The Seller shall not sell unprocessed Minerals from the Stream Area without the consent of the Purchaser, acting reasonably.
Processing/Commingling. (a) Supplier shall cause the Project Owner to process all Minerals through the Mineral Processing Facilities until such time as they form part of an Offtaker Delivery.
