REPRESENTATIONS AND WARRANTIES OF BARRICK. As of the date hereof and again as of the Closing Date, Barrick represents and warrants to Newmont that, except as set forth in the Barrick Disclosure Letter:
REPRESENTATIONS AND WARRANTIES OF BARRICK. Barrick represents and warrants to Goldcorp as follows and acknowledges and confirms that Goldcorp is relying on such representations and warranties in connection with the purchase by Goldcorp of the Transferred Assets:
REPRESENTATIONS AND WARRANTIES OF BARRICK. Barrick hereby makes to Arizona Star the representations and warranties set out in Schedule B to this Agreement, and acknowledges that Arizona Star is relying upon these representations and warranties in connection with the entering into of this Agreement.
REPRESENTATIONS AND WARRANTIES OF BARRICK. ARTICLE 4
REPRESENTATIONS AND WARRANTIES OF BARRICK. Barrick hereby makes to Placer Dome the representations and warranties set out in Schedule B to this Agreement, and acknowledges that Placer Dome is relying upon these representations and warranties in connection with the entering into of this Agreement.
REPRESENTATIONS AND WARRANTIES OF BARRICK. 8.1 Organization 22 8.2 No Violation 22 8.3 Enforceability 22 ARTICLE 9
REPRESENTATIONS AND WARRANTIES OF BARRICK. 30 6.1 Existence 30 6.2 Existence and Capitalization of the JV Company 30 6.3 Execution, Delivery and Enforceability 30 6.4 No Conflict 31 6.5 No Other Agreements to Purchase; No Options 31 6.6 Ownership of the Barrick Contributed Assets 31 6.7 Undisclosed Liabilities 31 Article 7 REPRESENTATIONS AND WARRANTIES OF NEWMONT 31 7.1 Existence 31 7.2 Execution, Delivery and Enforceability 32 7.3 No Conflict 32 7.4 No Other Agreements to Purchase; No Options 32 7.5 Ownership of the Newmont Contributed Assets 32 7.6 Undisclosed Liabilities 32 Article 8 CLOSING CONDITIONS 33 8.1 Mutual Conditions of Closing 33 8.2 Closing Conditions in Favour of Barrick 33 8.3 Closing Conditions in Favour of Newmont 34 Article 9 SURVIVAL AND INDEMNIFICATION 35 9.1 Survival of Representations, Warranties and Covenants 35 9.2 Indemnification by Barrick 35 9.3 Indemnification by Newmont 35 9.4 Limitation of Liability 36 9.5 Notice of Claim 37 9.6 Direct Claims 38 9.7 Third Party Claims 38 9.8 One Recovery 40 9.9 Duty to Mitigate 40 9.10 Adjustments 40 9.11 Exclusivity 41 Article 10 TERMINATION 41 10.1 Termination 41 10.2 Effect of Termination 42 10.3 Surviving Provisions on Termination 42 10.4 Remedies 42 Article 11 GENERAL PROVISIONS 42 11.1 Notices 42 11.2 Governing Law 44 11.3 Waiver of Jury Trial 44 11.4 Entire Agreement 44 11.5 Severability 44 11.6 No Waiver 45 11.7 Further Assurances 45 11.8 Amendments 45 11.9 Assignment 45 11.10 Enurement 45 11.11 Fees and Commissions 45 11.12 Counterparts 46 IMPLEMENTATION AGREEMENT THIS AGREEMENT made the 10th day of March, 0000, X X X X X X X: XXXXXXX GOLD CORPORATION, a corporation existing under the laws of the Province of British Columbia, (hereinafter referred to as “Barrick”), – and – NEWMONT MINING CORPORATION, a corporation existing under the laws of the State of Delaware, (hereinafter referred to as “Newmont”).
REPRESENTATIONS AND WARRANTIES OF BARRICK. Barrick represents and warrants to Purchaser as follows and acknowledges Purchaser is relying on such representations and warranties in entering into this Agreement and performing its obligations hereunder:
REPRESENTATIONS AND WARRANTIES OF BARRICK. 30 6.1 Existence 30 6.2 Existence and Capitalization of the JV Company 30 6.3 Execution, Delivery and Enforceability 30 6.4 No Conflict 31 6.5 No Other Agreements to Purchase; No Options 31 6.6 Ownership of the Barrick Contributed Assets 31 6.7 Undisclosed Liabilities 31
REPRESENTATIONS AND WARRANTIES OF BARRICK. 第 3 条 Barrick 的声明和保证 3.1 Representations and Warranties of Barrick 的 声 明 和 保 证 15
