Common use of Segregation of Property Clause in Contracts

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. 5.1 The determination of Net Smelter Returns Profits hereunder is based on the premise that production will shall be developed solely on the Mining ClaimProperty. Other mining properties may be incorporated with the Mining Claim Property 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 ClaimProperty) shall bear and have allocated to them their proportionate share part of expenditures relating to the bringing of such single mining project into commercial production and thereafter operating the same and shall have allocated to them the proportionate part of the net smelter returns revenues 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 sellerOperator. The owner of the Royalty Interest Holder shall have the right, during reasonable business hours and upon prior notice to the seller and, if applicable, the OperatorOperator and Participants, 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 InterestHolder. 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 17 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 a similar nature. The arbitrator shall be entitled to retain such independent mining consultants and financial advisors as he considers necessary. The decision of the arbitrator shall be final and binding on the parties hereto parties. to an Agreement among Teck Cominco Limited, East West Resource Corporation and will not be subject to appealCanplats Resources Corporation dated as of March 25, 2002.

Segregation of Property. 5.1 The determination of Net Smelter Returns hereunder Profits xxxxxxxxx is based on the premise that production will be developed solely on the Mining ClaimProperty. Other mining properties may be incorporated with the Mining Claim Property 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 ClaimProperty) shall bear and have allocated to them their proportionate share part of expenditures relating to the bringing of such single mining project into commercial production and thereafter operating the same and shall have allocated to them the proportionate part of the net smelter returns revenues 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 sellerOperator. The owner of the Royalty Interest Holder shall have the right, during reasonable business hours and upon prior notice to the seller and, if applicable, the OperatorOperator and Participants, 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 InterestHolder. 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 17 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 a similar nature. The arbitrator shall be entitled to retain such independent mining consultants and financial advisors as he considers necessary. The decision of the arbitrator shall be final and binding on the parties hereto parties. to an Agreement between PTG Resources Corporation and will not be subject to appeal.• dated as of the • day of •, 20•.

Segregation of Property. The determination of Net Smelter Returns hereunder is based on the premise that production will be developed solely on the Mining ClaimProperty. Other mining properties may be incorporated with the Mining Claim 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 Mining ClaimProperty) shall have allocated to them their the proportionate share of the net smelter returns Net Smelter Returns realized from such single operation, all as determined in accordance with the commingling provisions of the Agreement and generally accepted accounting principles and from records maintained by or on behalf of the sellerprinciples. The owner MGE-IW or representative appointed by MGE-IW 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 WG. 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 MGE-IW of the Royalty Interest. If the parties disagree on the allocation of actual proceeds received and deductions therefromdeductions, such disagreement 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 a similar nature. The arbitrator shall be entitled to retain such independent mining consultants and financial advisors, as he the arbitrator considers necessary. The decision of the arbitrator shall be final and binding on the parties hereto and will not be subject to appealparties.