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.
Segregation of Property. The determination of gross value hereunder is based on the premise that production will be developed solely on the Mining Claims. 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 a single arbitrator to be appointed in accordance with the Newfoundland Arbitrations Act and the arbitrator shall have reference first to this 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 as he considers necessary. The decision of the arbitrator shall be final and binding on the parties hereto and shall not be subject to appeal. END OF SCHEDULE 3 END OF AGREEMENT THIS AMENDMENT AND ADDENDUM AGREEMENT is made as of the 23rd day of April, 1995.
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 a. The 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 possible after the effective date of this Agreement, but in any event within two (2) business days after the commencement of the Exchange Offer, for the purpose of receiving Rule 144A GDSs delivered to the Exchange Agent pursuant to the Exchange Offer. The Exchange Agent shall provide the means for any financial institution that is a Participant in DTC to make book-entry delivery of Rule 144A GDSs into the DTC Book-Entry Account in accordance with the procedures for transfer through DTC. In accordance with the customary procedures of DTC Participants, the Exchange Agent shall promptly notify DTC
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 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. 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.
