Reclamation Trust Sample Clauses

Reclamation Trust. The Grantor and the Royalty Owner covenant that if changes are made to the Tax Act so as to permit the formation of a vehicle which: (a) has characteristics similar to those of a mining reclamation trust, as defined in the Tax Act; (b) may be used to secure or otherwise provide funding for any well bore, facility abandonment, environmental or reclamation obligations and liabilities in respect of the Properties for which the Grantor may be liable; and (c) would have beneficial income tax consequences for the Grantor, as determined by the Grantor acting reasonably; then: (d) the Grantor may cause such a vehicle to be formed and shall control such vehicle; (e) the amount contained in the Reclamation Fund at the time of the formation of such vehicle shall immediately be paid into such vehicle;
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Reclamation Trust. The Grantor and the Royalty Owner covenant that if changes are made to the Tax Act so as to permit the formation of a vehicle which: (a) has characteristics similar to those of a mining reclamation trust, as defined in the Tax Act; (b) may be used to secure or otherwise provide funding for any well bore, facility abandonment, environmental or reclamation obligations and liabilities in respect of the Properties for which the Grantor may be liable; and (c) would have beneficial income tax consequences for the Grantor, as determined by the Grantor acting reasonably; then: (d) the Grantor may cause such a vehicle to be formed and shall control such vehicle; (e) the amount contained in the Reclamation Fund at the time of the formation of such vehicle shall immediately be paid into such vehicle; (f) after the formation of such vehicle, any amounts which would have been paid into the Reclamation Fund pursuant to this Article 4 shall be paid directly into such vehicle; and (g) after the formation of such vehicle, for the purpose of computing the Royalty, payments to or from such vehicle shall be deemed to be payments to or from the Reserve.
Reclamation Trust. Subject to the terms of the Credit Facilities, the Grantor and the Royalty Owner agree that if changes are made to the INCOME TAX ACT (Canada) so as to permit the formation of a trust or other fund which: (a) has characteristics similar to a mining reclamation trust as defined in the INCOME TAX ACT (Canada); (b) may be used to secure or otherwise provide funding for environmental and/or reclamation obligations relating to the Properties for which the Grantor may be liable; and (c) would have beneficial income tax consequences for the Grantor as determined by the Grantor, acting reasonably; then: (d) the Grantor shall establish such a trust or other fund; (e) the amount then contained in the Reclamation Fund shall be paid to such trust or other fund; (f) thereafter, amounts which would otherwise have been paid into the Reclamation Fund will, instead, be paid to such trust or other fund; and (g) thereafter, for purposes of computing Production Costs and Deductible Production Costs, payments to or from such trust or other fund shall be deemed to be payments to or from the Reclamation Fund.
Reclamation Trust. The Grantor and the NPI Holder agree that if changes are made to the Income Tax Act (Canada) so as to permit the formation of a vehicle such as a trust which is similar to a “mining reclamation trust” (as defined in the Income Tax Act (Canada) in effect on the date hereof) to secure or otherwise provide funding for environmental and/or reclamation obligations relating to the Property Interests which would have beneficial income tax consequences for the Grantor in the reasonable opinion of the Grantor: (a) the Grantor shall establish such a vehicle; (b) the amount then contained in the Reclamation Fund shall be paid to such vehicle; (c) thereafter, amounts which would otherwise have been paid into the Reclamation Fund pursuant to clause 7.2 will, instead, be paid to such vehicle; and (d) thereafter, for purposes of computing Production Costs and Deductible Production Costs payments to or from such vehicle shall be deemed to be payments to or from the Reclamation Fund.
Reclamation Trust. Following the Cameco Exit, KGC shall place the reclamation trust funds in relation to the Kumtor Project (the "Reclamation Trust Fund") with a financial institution located in the Kyrgyz Republic, provided that (a) there are no legal or contractual restrictions on KGC's ability to transfer the Reclamation Trust Fund (including requirements of the EBRD and IFC regarding the management of the Reclamation Trust Fund), or (b) if such legal or contractual restrictions exist, KGC is able to obtain, using its reasonable efforts, all the required consents (including, if necessary, consents for any required amendments to the existing Reclamation Trust Fund documentation) for the transfer of the Reclamation Trust Fund. If placed with a financial institution in the Kyrgyz Republic, (a) the obligations of such financial institution to KGC in respect of the Reclamation Trust fund shall be fully guaranteed by the Government, and (b) in the event there is any impairment with respect to amounts so placed, KGC shall have the right to offset any impaired Reclamation Trust Fund amounts against the Taxes and other payments payable under the New Tax Regime or against amounts payable pursuant to Section 5.4(d)(ii) of this Agreement on New Terms.
Reclamation Trust. 32 ARTICLE 8 POOLING, UNITIZATION, SURRENDER AND ABANDONMENT

Related to Reclamation Trust

  • Reclamation This provision shall apply in the event that Company has: (a) delivered the part(s) to Customer on credit; (b) financed the sale of the part(s) to Customer or (c) has been engaged by Customer for the repair, reconditioning or refurbishment of part(s). As a condition of Company allowing Customer to accept delivery of the part(s) on credit, Customer represents and warrants to Company that Customer is solvent and is not presently a debtor in any bankruptcy case in any court of competent jurisdiction. In the event Customer becomes insolvent before delivery or while parts are in transit, it will immediately notify Company. The failure to notify Company immediately will be construed as a reaffirmation of Customer’s solvency at the time of delivery. Company will have the right to stop delivery of the parts by a bailee or other third party transporting the same if Customer becomes insolvent, repudiates or fails to make a payment due, in order to withhold or reclaim the parts under the provisions of the Uniform Commercial Code. In the event parts reach Customer prior to Company’s ability to stop parts and Customer cannot make payments within the agreed upon payment terms, Customer shall return the parts to Company at Customer’s expense. In the event of Customer’s insolvency, the foregoing invoice together with this Agreement shall constitute a demand by Company for reclamation of the part(s) in accordance with Section 2-702 of the Uniform Commercial Code and Section 546 (c)(1) of the United States Bankruptcy Code. In the event of Customer’s insolvency, Customer does hereby waive any defenses to Company’s reclamation of the part(s) and Customer shall promptly return possession of the parts to Company. Customer hereby grants a general lien on, and a security interest in, any assets belonging to Customer as security for the performance of its obligations hereunder or to satisfy any obligation owed by Customer to Company under any agreement.

  • Anti-Trust The MA Dual SNP hereby certifies to HHSC that neither the MA Dual SNP, nor the person represented by the MA Dual SNP, nor any person acting for the represented person, has been found by a judgment of a court of law to have violated the anti-trust laws codified by Chapter 15, Texas Business and Commerce Code, or the federal anti-trust laws.

  • Decommissioning (a) The Contractor shall submit to the Designated Authority, for its approval, pursuant to sub-paragraph 4.11(d)(v), a Decommissioning Plan for the Development Area and a schedule of provisions for the Decommissioning Costs Reserve. (b) The Decommissioning Plan shall be revised and resubmitted to the Designated Authority for its approval at such times as are reasonable having regard to the likelihood that the Decommissioning Plan (including cost estimates thereunder) may need to be revised. (c) The Contractor shall carry out the Decommissioning Plan substantially in accordance with its terms. (d) Estimates of the monies required for the funding of the Decommissioning Plan shall be charged as Recoverable Costs beginning in the Calendar Year following the Calendar Year in which Commercial Production first occurs. The amount charged in each Calendar Year shall be calculated as follows: (i) The total Decommissioning costs at the expected date of Decommissioning shall first be calculated. (ii) There shall be deducted from such total Decommissioning costs the additions made to the Decommissioning Costs Reserve made, and taken as Recoverable Costs, in all previous Calendar Years together with interest on such Recoverable Costs calculated to the approved date of Decommissioning at the actual or forecast rate of Uplift (whichever is applicable). (iii) The residual Decommissioning costs, resulting from the calculations under sub-paragraph 4.14(d)(i) and (ii), shall then be discounted to the Calendar Year in question at the forecast rate of Uplift for each Calendar Year remaining until the Calendar Year of Decommissioning. (iv) The discounted total of residual Decommissioning costs shall then be divided by the total number of Calendar Years remaining prior to the Calendar Year of Decommissioning itself, including the Calendar Year in question. (v) The resultant amount shall be the addition to the Decommissioning Costs Reserve for the Calendar Year in question. (vi) It is the intention of this provision that the total accumulated provision allowed, including interest calculated to the Calendar Year of Decommissioning at the rate of Uplift, will equal the total Decommissioning costs. (vii) If the amount in sub-paragraph 4.14(d)(v) is a negative amount, then such amount shall be treated as a reduction of Recoverable Costs for the Calendar Year in question.

  • Conservation Operations hereunder and production of unitized substances shall be conducted to provide for the most economical and efficient recovery of said substances without waste, as defined by or pursuant to State or Federal law or regulation.

  • Transportation Management Tenant shall fully comply with all present or future programs intended to manage parking, transportation or traffic in and around the Building, and in connection therewith, Tenant shall take responsible action for the transportation planning and management of all employees located at the Premises by working directly with Landlord, any governmental transportation management organization or any other transportation-related committees or entities.

  • Dewatering (a) Where the whole of a site is so affected by surface water following a period of rain that all productive work is suspended by agreement of the Parties, then dewatering shall proceed as above with Employees so engaged being paid at penalty rates as is the case for safety rectification work. This work is typically performed by Employees engaged within CW1, CW2 or CW3 classifications. When other Employees are undertaking productive work in an area or areas not so affected then dewatering will only attract single time rates. (b) Where a part of a site is affected by surface water following a period of rain, thus rendering some areas unsafe for productive work, consistent with the Employer’s obligations under the OH&S Act, appropriate Employees shall assist in the tidying up of their own work site or area if it is so affected. Where required, appropriate Employees will be provided with the appropriate PPE. Such work to be paid at single time rates. Productive work will continue in areas not so affected. (c) To avoid any confusion any ‘dewatering’ time which prevents an Employee from being engaged in their normal productive work is not included in any calculation for the purposes of determining whether an Employee is entitled to go home due to wet weather (refer clauses 32.4 and 32.5)

  • Pollution Control The Employer and the Union agree to limit all forms of environmental pollution.

  • Discharge Planning If further care at home or in another facility is appropriate following discharge from the Hospital, Blue Shield will work with the Member, the attending Physician and the Hospital discharge planners to determine the most appropriate and cost effective way to provide this care.

  • Stormwater Notwithstanding any other provisions or terms of this Agreement, Company acknowledges that certain properties within the Premises or on Authority-owned land are subject to stormwater rules and regulations. Company agrees to observe and abide by such stormwater rules and regulations as may be applicable to the Premises, and, if applicable, Company hereby expressly covenants, warrants, and represents to Authority, in connection with Company’s operations on the Premises, the following: A. Company is required to submit a Notice of Intent to use the State of Florida Multi-Sector Generic Permit for Stormwater Discharge Associated with Industrial Activity. Authority and Company both acknowledge that close cooperation is necessary to ensure compliance with any stormwater discharge permit terms and conditions, as well as to ensure safety and to minimize the cost of compliance. Company acknowledges further that it may be necessary to undertake actions to minimize the exposure of stormwater to “significant materials” (as such term may be defined by applicable stormwater rules and regulations) generated, stored, handled, or otherwise used by Company by implementing and maintaining “best management practices” (BMPs) (as such term may be defined in applicable stormwater rules and regulations). Company will establish a BMP plan for the Premises and submit a copy to Authority. B. Company will be knowledgeable of any stormwater discharge permit requirements applicable to Company and with which Company will be obligated to comply. The submittal of a Notice of Intent will be made by Company to the FDEP, and a copy will be submitted to Authority. Company is required to comply with the following requirements including, but not limited to, certification of non-stormwater discharges; collection of stormwater samples; preparation of a Stormwater Pollution Prevention Plan or similar plans; implementation of BMPs; and maintenance and submittal of necessary records. In complying with such requirements, Company will observe applicable deadlines set by the regulatory agency that has jurisdiction over the permit. Company agrees to undertake, at its sole expense, those stormwater permit requirements for which it has received written notice from the regulatory agency and that apply to the Premises, and Company agrees that it will hold harmless and indemnify Authority for any violations or non-compliance with any such permit requirements.

  • Wastewater investments in the construction, material enhancement, or renewal of infrastructure that supports wastewater and storm water collection, treatment, and management systems. Note: Investments in health infrastructure (e.g., hospitals, long-term care facilities, convalescent centres, and senior centres) are not eligible. Eligible Expenditures will be limited to the following: 1. Infrastructure investments – expenditures associated with acquiring, planning, designing, constructing, or renovating a tangible capital asset and any related debt financing charges specifically identified with that asset. 2. Capacity-building costs – for projects eligible under the capacity-building category only, expenditures associated with the development and implementation of: • Capital investment plans, integrated community sustainability plans, integrated regional plans, housing needs assessments, or asset management plans; • Studies, strategies, systems, software, third-party assessments, plans, or training related to asset management; • Studies, strategies, systems, or plans related to housing or land use; • Studies, strategies, or plans related to the long-term management of infrastructure; and • Other initiatives that strengthen the Recipient’s ability to improve local and regional planning. 3. Joint communications and signage costs – expenditures directly associated with joint federal communication activities and with federal project signage.

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