Sales and Exportation of Minerals or Mineral Products Sample Clauses

Sales and Exportation of Minerals or Mineral Products. The Contractor shall endeavor to dispose the Minerals and by-products produced in the Contract Area at the highest commercially achievable market price and lowest commercially achievable commissions and related fees under circumstances then prevailing, and to negotiate for sales terms and conditions compatible with world market conditions. The Contractor may enter into long-term sales and marketing contracts or foreign exchange and commodity hedging contracts for its minerals or mineral products. The Contractor shall inform the Government when it enters into a marketing agreement or sales contract with foreign and local buyers. Marketing contracts and sales agreements involving commercial disposition of minerals and by- products shall be subject for approval by the Secretary upon recommendation of the Director: Provided, That approved marketing contracts and sales agreements shall be registered with the Bureau, and shall be treated with confidentiality between the Government and the Contractor. The Government shall be entitled to examine all sales and exportation of minerals or mineral products including the terms and conditions of all sales commitments. Sales commitments with affiliates, if any, shall be made only at prices based on or equivalent to arm’s length sales and in accordance with such terms and conditions at which such agreement would be made if the parties had not been affiliated, with due allowance for normal selling discounts or commissions. Such discounts or commissions allowed the affiliates must be no greater than the prevailing rate so that such discounts or commissions will not reduce the net proceeds of sales to the Contractor below those which it would have received if the parties had not been affiliated. The Contractor shall, subject to confidentiality clause of this Agreement, submit to the Government evidence of the correctness of the figures used in computing the prices, discounts and commissions, and a copy of the sales contract. For purposes of this clause, an affiliate or an affiliated company means:
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