Reclamation Obligations. The Seller shall, and shall cause each other Seller Entity to, timely and fully perform, pay and observe, or cause to be performed, observed and paid, in all material respects, any and all liabilities and obligations required by any Applicable Laws, Authorizations or the terms and conditions of Other Rights or by any Governmental Body for the reclamation, restoration or closure of any facility or land used in connection with the Seller Entities’ operations or activities at, on or in respect of the Midas Mine and the Fire Creek Project or required under this Agreement. The Seller shall not, and shall ensure that the other Seller Entities do not, undertake, cause, suffer, or permit any condition or activity at, on or in the vicinity of the Properties which constitutes or results in a material violation of Environmental Laws. If any Seller Entity (i) fails to comply with Environmental Laws in any material respect or (ii) undertakes any activity giving rise to liability under Environmental Laws (except as permitted or authorized by any Authorization or by Applicable Law), the Seller shall promptly remedy and correct such failure to comply, satisfy such liability and otherwise take all necessary or desirable action to cure (whether through remediation, payment of penalties or otherwise) such non-compliance or liability and satisfy all obligations in connection therewith.
Reclamation Obligations. The Buyer hereby undertakes to the Seller to procure that Teberebie shall undertake the reclamation obligations.
Reclamation Obligations. 28 ARTICLE XI REPORTING, INSPECTION AND AUDIT...............................29
Reclamation Obligations. Hecla Ventures shall comply with all laws and regulations of the State of Nevada and the United States of America as they pertain to reclamation obligations and Hecla Ventures shall fund and at Hecla Ventures' election, either contract out or carry out these reclamation obligations relating to or arising out of Earn - in Activities on the surface and subsurface of the Area of Interest. If Rodeo Creek elects to continue activities on the Area of Interest for greater than one year from the date of Termination by Hecla Ventures and elects not to have reclamation activities undertaken at that time, then an independent third party's determination of the reclamation liability for Earn - In - Activities will be obtained. Based on the determination of the reclamation liability ("DRL") for Earn - In - Activities then the following shall occur:
Reclamation Obligations. Indebtedness shall be calculated without giving effect to any increase or decrease in Indebtedness for any purpose under this Indenture as a result of accounting for any embedded derivatives created by the terms of such Indebtedness.
Reclamation Obligations. On or about May 25, 2005, the Buyer paid Sellers the amount of $25,000 for use in performing and overseeing reclamation work on areas covered by the Permits. On or before Closing, Sellers will present evidence to the Buyer that said $25,000 was expended to perform reclamation work on areas covered by the Permits. Such payment shall be applied to and reduce the corresponding debts of BMC itemized in Schedule 1.4 hereof.
Reclamation Obligations. All costs, expenses, risks, liabilities and obligations respecting the abandonment of any wellx xxxch are part of the Assets, closure,
Reclamation Obligations. The Parties agree that, subject to Section 7.4 herein, Final Reclamation Costs attributable to Seller at the Navajo Mine under the Coal Supply Agreement shall be paid to Purchaser by Seller as provided in Section 7.4 of this Agreement, and such Final Reclamation Costs shall be determined by the results of the Pre-Closing Reclamation Study (as defined below) pursuant to Section 7.3 (the “Pre-Closing Study Final Reclamation Costs”) and shall be apportioned to Seller pursuant to the apportionment set forth in the Coal Supply Agreement, and such Pre-Closing Reclamation Study shall be conducted by a mutually agreed upon Independent Third Party engaged by the Parties pursuant to Section 7.2 of this Agreement, if applicable. This Agreement will in no way be construed to expand or alter Seller’s obligations with respect to Contemporaneous Reclamation Costs pursuant to the Coal Supply Agreement.
Reclamation Obligations. The Contributors shall diligently pursue the reclamation of the Quintette Mine and the Bullmoose Mine in a diligent manner using reasonable commercial efforts.
Reclamation Obligations. (a) Desert Mountain shall remain responsible for all payment, land disturbance, reclamation, environmental liabilities or other obligations with respect to the Property arising before the Effective Date, except to the extent that such land disturbance, reclamation or other obligations are increased by 777's operations on the Property. (b) 777 shall be solely responsible for all environmental liabilities and/or reclamation obligations resulting from its Exploration on the Property. 14.3 Title Defects, Defense, and Protection. (a) If in 777's opinion (i) Desert Mountain's title to all or any part of the Property at the time of this Agreement is defective, encumbered, less than as represented in this Agreement or is contaminated with Hazardous Materials; or (ii) Desert Mountain's title, as so represented, is contested or challenged by any person or entity, and Desert Mountain is unable or unwilling to promptly correct the alleged defect, encumbrance, or impairment; then 777 shall have the right to terminate this Agreement without further obligation (including being excused from any obligation to incur any Expenditures) and/or shall have the right, but not the obligation, to attempt to perfect or defend Desert Mountain's title including, without limitation, the right to amend or relocate any of the Mining Claims. If 777 elects to perfect or defend Desert Mountain's title, 777 shall not be liable to Desert Mountain if 777 is unsuccessful in, withdraws from, or discontinues litigation or other curative work. Time being of the essence, if 777 does attempt to perfect or defend Desert Mountain's title, Desert Mountain shall execute all documents and shall take such other actions as are reasonably necessary to assist 777 in its efforts. Any improvement or perfection of title to the Property shall inure to the benefit of Desert Mountain and 777 in the same manner and to the same extent as if such improvement or perfection has been made prior to the execution of this Agreement. (b) If title is, in 777's opinion, defective, encumbered, materially less than as represented in this Agreement or is contaminated with Hazardous Materials, then without waiving any right that it may have, the costs and expenses of perfecting or defending title shall be deductible by 777 against subsequent Advance Royalty Payments or NSR Royalty payments to be made to Desert Mountain under this Agreement and, if 777 releases the portion of the Property so affected from this Agreement, 777's lia...
