Segregation of Property. Government property shall be segregated and kept physically separate from contractor-owned property.
Segregation of Property. The determination of Net Smelter Returns hereunder is based on the premise that production will be developed solely on the Mining Claim. Other mining properties may be incorporated with the Mining Claim into a single mining project and the metals, ores or concentrates pertaining to each may be blended at the time of mining or at any time thereafter, provided however, that the respective mining properties (including the Mining Claim) have allocated to them their proportionate share of the net smelter returns realized from such single operation, all as determined in accordance with generally accepted accounting principles and from records maintained by or on behalf of the seller. The owner of the Royalty Interest shall have the right, during reasonable business hours and upon prior notice to the seller and, if applicable, the Operator, to enter upon the mining properties and to inspect the plant and procedures followed with respect to allocations made under this paragraph provided that such entry shall be at the sole risk and cost of the owner of the Royalty Interest. If the parties disagree on the allocation of actual proceeds received and deductions therefrom, such shall be referred to arbitration in the manner provided in Article 16 of the Agreement and the arbitrator shall have reference first to the Agreement, and then, if necessary, to practices used in mining operations that are of similar nature. The arbitrator shall be entitled to retain such independent mining consultants as he considers necessary. The decision of the arbitrator shall be final and binding on the parties hereto and will not be subject to appeal.
Segregation of Property. The Mint shall, and shall cause any Sub-Custodian to, keep the Property specifically identified as the Customer’s Property and physically segregated at all times from any other property belonging to the Mint or other of its customers.
Segregation of Property a. The U.S. Exchange Agent shall, in accordance with Rule 17Ad-14 promulgated under the Securities Exchange Act of 1934, as amended, and the terms and conditions of the Exchange Offer, establish the requisite number of account(s) (collectively, the "DTC BOOK-ENTRY ACCOUNT(S)") at The Depository Trust Company ("DTC") as soon as practicable after the effective date of this Agreement, but in any event within two (2) Business Days (as defined in Schedule I below) after the commencement of the Exchange Offer, for the purpose of receiving Sonera ADSs delivered to the U.S. Exchange Agent pursuant to the Exchange Offer. The U.S. Exchange Agent shall provide the means for any financial institution that is a participant in DTC (a "DTC PARTICIPANT") to make book-entry delivery of Sonera ADSs into the DTC book-entry Account(s) in accordance with the procedures for transfer through DTC. In accordance with the customary procedures of DTC Participants, the U.S. Exchange Agent shall promptly notify DTC Participants through the facilities of DTC of the identity of the DTC Book- Entry Account(s) established in connection with the Exchange Offer.
b. The U.S. Exchange Agent hereby agrees that all securities, funds or other assets (collectively, the "PROPERTY") deposited with or received by it in such capacity under the Exchange Offer constitute a special, segregated account, held solely for the benefit of the Company and the holders and beneficial owners of Sonera ADSs who tender their Sonera ADSs to the U.S. Exchange Agent in the Exchange Offer, as their interests may appear within the terms of the Exchange Offer. Nothing herein shall constitute the U.S. Exchange Agent a fiduciary with respect to the Property.
Segregation of Property. The determination of the NSR Royalty hereunder is based on the premise that production will be developed solely on the Property. If other properties are incorporated in a single mining project and metals, ores or concentrates pertaining to each are not readily segregated on a practical or equitable basis, the allocation of actual proceeds received and deductions therefrom shall be negotiated between the parties and, if the parties fail to agree on such allocation, shall be referred to arbitration pursuant to ARTICLE 8 of the Agreement. The arbitrator shall have reference first to the Agreement and this Exhibit B, and then, if necessary, to practices used in mining operations that are of a similar nature. The arbitrator shall be entitled to retain such independent mining consultants as he considers necessary. The decision of the arbitrator shall be final and binding on the parties hereto.
Segregation of Property. The Mint shall keep the Property specifically identified as the Customer's Property and physically segregated at all times from any other property belonging to the Mint or other of its customers. Subject to the Customer paying the Mint the charges set forth in the Rate Schedule: (a) no use or disposition of the Property shall be made without the prior written consent of the Customer and (b) Property shall be held in segregation free and clear of any charge, lien, claim or encumbrance of any kind in favour of the Mint.
Segregation of Property. The determination of the Royalty Interest hereunder is based on the premise that production will be developed solely on the Property. If other properties are incorporated in a single mining project and metals, ores or concentrates pertaining to each are not readily segregated on a practical or equitable basis, the allocation of actual proceeds received and deductions therefrom shall be negotiated between the parties and, if the parties fail to agree on such allocation, shall be referred to arbitration pursuant to ARTICLE 8 of the Agreement. The arbitrator shall have reference first to the Agreement and this Exhibit B, and then, if necessary, to practices used in mining operations that are of a similar nature. The arbitrator shall be entitled to retain such independent mining consultants as he considers necessary. The decision of the arbitrator shall be final and binding on the parties hereto.
Segregation of Property. The determination of Net Proceeds hereunder is based on the premise that production will be developed solely on the Property. Other mining properties may be incorporated with the Property into a single mining project and the ores or concentrates pertaining to each may be blended at the time of mining processing or at any time thereafter, provided however, that the respective mining properties (including the Property) will bear and have allocated to them their proportionate part of expenditures relating to the bringing of such single mining project into commercial production and thereafter operating the same and will have allocated to them the proportionate part of the revenues realized from such single operation, all as determined in accordance with generally accepted accounting principles and from records maintained by the Operator. The Holder will have the right, during reasonable business hours and upon prior notice to the Operator and participants, to enter upon the mining properties and to inspect the plant and procedures followed with respect to allocations made under this Clause provided that such entry will be at the sole risk and cost of the Holder. If the parties disagree on the allocation of actual proceeds received and deduction therefrom, such will be referred to arbitration in accordance with the terms of the Agreement.
Segregation of Property. Custodian shall hold in a separate account, and segregate at all times from those of any other persons, firms or corporations, pursuant to the provisions hereof, all Property received by it from or for the account of the Fund unless deposited by the Custodian to its account with a registered clearing agency, a Federal Reserve Bank pursuant to Section 9 or a sub-custodian previously approved by a Written Order. The Custodian may hold securities of the Fund in the name of a nominee or nominees or in registered or bearer form. Custodian shall upon receipt of a Written Order establish and maintain a segregated account or accounts for and on behalf of the Fund, into which account or accounts may be transferred cash and Securities, including Securities maintained in an account by Custodian pursuant to Section 8, (i) in accordance with the provisions of any agreement among the Trust, Custodian and a broker-dealer registered under the Exchange Act and a member of the NASO (or any futures commission merchant registered under the Commodity Exchange Act), relating to compliance with the rules of The Options Clearing Corporation and of any registered national securities exchange (or the Commodity Futures Trading Commission or any registered contract market), or of any similar organization or organizations, regarding escrow or other arrangements in connection with transactions by the Trust, (ii) for purposes of segregating cash or government securities in connection with options purchased, sold or written by the Fund or commodity futures contracts or options thereon purchased or sold by the Fund, (iii) for the purposes of compliance by the Fund with the procedures required by 1940 Act Release No. 10666, or any subsequent release or releases of the Securities and Exchange Commission relating to the maintenance of segregated accounts by registered investment companies, and (iv) for other proper purposes, but only, in the case of clause (iv), upon receipt of, in addition to a Written Order, a certified copy of a resolution of the Board of Trustees signed by an officer of the Trust and certified by the Secretary or an Assistant Secretary, setting forth the purpose or purposes of such segregated account and declaring such purposes to be proper purposes. All such Property is to be held or disposed of by Custodian for, and subject at all times to the instructions of, the Trust pursuant to the terms of this Agreement. Custodian shall have no power or authority to assign, hypot...
Segregation of Property. The determination of Gross Royalty is based on the premise that production will be developed solely on the Property. Other mining properties may be incorporated with the Property into a single mining project and the metals, ores or concentrates pertaining to each may be blended or commingled at the time of mining or at any time thereafter, provided however, that the respective mining properties (including the Property) shall have allocated to them the proportionate share of the Gross Royalty realized from such single operation, all as determined in accordance with the commingling provisions of the Agreement and generally accepted accounting principles. The OWNER or representative appointed by OWNER of the Royalty Interest shall have the right, during reasonable business hours and upon prior notice to Company to enter upon the mining properties and to inspect the plant and procedures followed with respect to allocations made under this paragraph provided that such entry shall be at the sole risk and cost of the OWNER of the Royalty Interest. If the parties disagree on the allocation of actual proceeds received and deductions, such disagreement shall be referred to arbitration in the manner provided in the Agreement and the arbitrator shall have reference first to the Agreement, and then, if necessary, to practices used in mining operations that are of a similar nature. The arbitrator shall be entitled to retain such independent mining consultants and financial advisors as the arbitrator considers necessary. The decision of the arbitrator shall be final and binding on the parties.
