Common use of Social Impact Assessment and Action Plan Clause in Contracts

Social Impact Assessment and Action Plan. The Company shall have a Social Impact Assessment and Action Plan prepared with guidance from the IFC Performance Standards (and updated prior to any major change to the mine plan), which shall include [elements as the Parties may agree, such as the following] [the following elements and appropriate provisions for implementing the requirements of Sections 20.0, 21.0, 22.0, 23.0, 24.0, and 25.0 of this Agreement ]: (a) Provisions to prevent or minimize the potential adverse impact of the Mining Operation on the individuals and communities resident in and around (i) the Project Area and (ii) areas affected by the processing or transport of Minerals whether using Company owned infrastructure of infrastructure provided by the State or third parties; (b) Provisions to prevent or minimize unreasonable interference with the living conditions of the population lawfully settled within the Mining Area and surroundings, and to cause the Company’s employees and contractors to respect the customs of the local populations; (c) Provisions to mitigate negative social impacts on the local community, including housing, sanitation and public health measures of any temporary or construction work force engaged by the Company. (d) Provisions (with guidance from IFC Performance Standard 5 as it may from time to time be amended, where the surface of the Mining Area is permanently or seasonally occupied, or resources in the Mining Area are integral to livelihoods or cultural practices of local persons, communities, or Indigenous or Tribal Populations other than artisanal or small scale miners) to: (a) Avoid or minimize displacement of persons or involuntary resettlement wherever feasible. (b) Make satisfactory arrangements for payment of fair and reasonable compensation for any prospective damage to any crops, buildings, trees or works therein; (c) Compensate the holders for the use of the surface area, where the surface rights to any land within the Mining Area are held or owned by local or Indigenous or Tribal Populations as recognized by Applicable Law or relevant customary law, at a reasonable rate agreed by the holder and the Company; (d) Recognize the rights of surface right owners and occupiers, the rights of Indigenous or Tribal Populations, or other community in the Project Area is located, to continue utilizing land within the Project Area for subsistence purposes, including grazing livestock, using water, cultivating crops, hunting game, and collecting fruits and fuel wood, provided that such subsistence use would not be unsafe and does not substantially interfere with Mining Operations; (e) Provisions for developing a plan of resettlement if at any point a resettlement of the local population appears to be essential, having regard to the requirements of IFC Performance Standard 5, as the same may from time to time be amended, including provisions to; (a) Conduct full Consultation with Local Governments and all persons who may be displaced or relocated, with the goal of developing a resettlement program to which they consent; (b) Mitigate adverse social and economic impacts by ensuring that resettlement activities are implemented with appropriate disclosure of information and Consultation; (c) Improve, replace or restore the livelihoods of displaced persons to ensure in all material respects the availability of means of livelihood adequate to maintain a an appropriate quality of life in the community; and (d) Improve, replace or restore living conditions among displaced persons through provision of adequate housing with security of tenure at resettlement sites.

Social Impact Assessment and Action Plan. The Company shall have a Social Impact Assessment and Action Plan prepared with guidance from the IFC Performance Standards (and updated prior to any major change to the mine plan), which shall include [elements as the Parties may agree, such as the following] [the following elements and appropriate provisions for implementing the requirements of Sections 20.0, 21.0, 22.0, 23.0, 24.0, and 25.0 of this Agreement ]: (a) Provisions to prevent The Company shall not disturb or minimize the potential adverse impact of the Mining Operation on the individuals and communities resident in and around (i) the Project Area and (ii) areas affected by the processing or transport of Minerals whether using Company owned infrastructure of infrastructure provided by the State or third parties; (b) Provisions to prevent or minimize unreasonable interference unreasonably interfere with the living conditions of the population lawfully settled within the Mining Area and surroundings, and to shall cause the Company’s its employees and contractors to respect the customs of the local populations; (c) Provisions to mitigate negative social impacts on the local community, including housing, sanitation and public health measures of any temporary or construction work force engaged by the Company. (db) Provisions (with guidance from IFC Performance Standard 5 as it may from time to time be amended, where Where the surface of the Mining Area is permanently or seasonally occupied, or that resources in the Mining Area are integral to livelihoods or cultural practices of local persons, persons or communities, or Indigenous or Tribal Populations to their cultural practices, other than artisanal or small scale miners) to, the Company, using guidance from Performance Standard 5 of the International Finance Corporation as it may from time to time be amended, shall: (ai) Avoid or minimize displacement of persons or involuntary resettlement wherever feasiblefeasible by exploring alternative Project designs. If at any point a resettlement of the local population appears to be absolutely essential, the Company shall move with utmost caution, with the consent of the Government and in consultation with Local Government authorities in agreeing with the local population to a plan of resettlement and provide a fully adequate resettlement program in accordance with the directions of responsible Government officials and Section 2.3.3 above; (ii) Mitigate adverse social and economic impacts from land acquisition or restrictions on affected persons’ use of land by ensuring that resettlement activities are implemented with appropriate disclosure of information, Consultation, and the informed participation of the affected persons; (iii) Improve or restore the livelihoods and standards of living of displaced persons to ensure to the extent practicable means of livelihood are available upon resettlement; and (iv) Improve living conditions among displaced persons through provision of adequate housing with security of tenure at resettlement sites. (bv) Make Endeavor to make satisfactory arrangements for payment of a fair and reasonable compensation for any prospective damage to any crops, buildings, trees or works therein;. (cvi) Compensate If the holders Company is unable to reach a reasonable agreement with the owner (in case of land not owned by the Government) or informal occupant of the surface, or users of resources within ninety (90) Days after the commencement of its efforts to do so; or such extended time as the Company and such owner or informal occupant or user shall agree, the Company, unless it elects not to occupy and utilize such surface areas, shall bring the matter to the attention of the Government which shall negotiate with the Company to assess the resettlement plan, including any element of compensation, for the benefit of the landowners, informal occupants or users who shall have the right to participate in the negotiations. (vii) The resettlement plan shall be guided by the principle of replacement of livelihoods with reference to the potential deprivation of the use and occupancy of the land and its resources. (viii) The Company shall recognize the right of the surface arearight owner, where the surface rights to any land within the Mining Area are held or owned by local or Indigenous or Tribal Populations as recognized by Applicable Law or relevant customary law, at a reasonable rate agreed by the holder and the Company; (d) Recognize the rights of surface right owners and occupiers, the rights of Indigenous or Tribal Populations, a native or other community in which the Project Mining Area is located, to continue utilizing utilize land within the Project Mining Area for subsistence purposes, including grazing livestock, using water, cultivating crops, hunting game, and collecting fruits and fuel wood, provided that such subsistence use would not be unsafe and does not substantially interfere with Mining Operations; (e) Provisions for developing a plan of resettlement if at any point a resettlement of the local population appears to be essential, having regard to mineral operations in the requirements of IFC Performance Standard 5, as the same may from time to time be amended, including provisions to; (a) Conduct full Consultation with Local Governments and all persons who may be displaced or relocated, with the goal of developing a resettlement program to which they consent; (b) Mitigate adverse social and economic impacts by ensuring that resettlement activities are implemented with appropriate disclosure of information and Consultation;area. (c) ImproveWhere the surface of the Mining Area is occupied by artisanal miners or any small scale mining activity, replace or restore the livelihoods of Company shall treat such persons as displaced persons and implement the resettlement under the foregoing provisions, provided that the Company shall not be liable to compensate or resettle any artisanal miners who first occupy the Mining Area after the Effective Date. The Company shall ensure that information regarding the Effective Date is well documented and disseminated throughout the Mining Area in all material respects a culturally accepted manner and that the availability of means of livelihood adequate to maintain a an appropriate quality of life resettlement plan is developed in the community; and (d) Improve, replace or restore living conditions among displaced persons through provision of adequate housing Consultation with security of tenure at resettlement sitesthose affected.

Social Impact Assessment and Action Plan. The Company Licensee(s) shall have a Social Impact Assessment and Action Plan prepared with guidance from the IFC Performance Standards (and updated prior to any major change to the mine plan), which shall include [elements as the Parties may agree, such as the following] [the following elements and appropriate provisions for implementing the requirements of Sections 20.0, 21.0, 22.0, 23.0, 24.0, and 25.0 of this Agreement ]include: (a) Provisions to prevent or minimize the potential adverse impact of the Mining Operation on the individuals and communities resident in and around (i) the Project Area and (ii) areas affected by the processing or transport of Minerals whether using Company Licensee owned infrastructure of or infrastructure provided by the State or third parties; (b) Provisions to prevent or minimize unreasonable interference with the living conditions of the population lawfully settled within the Mining Area and surroundings, and to cause the CompanyLicensee’s employees and contractors to respect the customs of the local populations; (c) Provisions to mitigate negative social impacts on the local community, including housing, sanitation and public health measures of any temporary or construction work force engaged by the CompanyLicensee. (d) Provisions (with guidance from IFC Performance Standard 5 as it may from time to time be amended, where the surface of the Mining Area is permanently or seasonally occupied, or resources in the Mining Area are integral to livelihoods or cultural practices of local persons, communities, or Indigenous or Tribal Populations other than artisanal or small scale miners) to: (a) :  Avoid or minimize displacement of persons or involuntary resettlement wherever feasible. (b) ;  Make satisfactory arrangements for payment of fair and reasonable compensation for any prospective damage to any crops, buildings, trees or works therein; (c) ;  Compensate the holders for the use of the surface area, where the surface rights to any land within the Mining Area are held or owned by local or Indigenous or Tribal Populations as recognized by Applicable Law or relevant customary law, at a reasonable rate agreed by the holder and the Company; (d) Licensee(s);  Recognize the rights of surface right owners and occupiers, the rights of Indigenous or Tribal Populations, or other community in the Project Area is located, to continue utilizing land within the Project Area for subsistence purposes, including grazing livestock, using water, cultivating crops, hunting game, and collecting fruits and fuel wood, provided that such subsistence use would not be unsafe and does not substantially interfere with Mining Operations; (e) Provisions for developing a plan of resettlement if at any point a resettlement of the local population appears to be essential, having regard to the requirements of IFC Performance Standard 5, as the same may from time to time be amended, including provisions to; (a) ;  Conduct full Consultation with Local Governments and all persons who may be displaced or relocated, with the goal of developing a resettlement program to which they consent; (b) ;  Mitigate adverse social and economic impacts by ensuring that resettlement activities are implemented with appropriate disclosure of information and Consultation; (c) ;  Improve, replace or restore the livelihoods of displaced persons to ensure in all material respects the availability of means of livelihood adequate to maintain a an appropriate quality of life in the community; and (d) and  Improve, replace or restore living conditions among displaced persons through provision of adequate housing with security of tenure at resettlement sites. f) A procedure where, if the surface of the Mining Area is occupied by artisanal miners or persons conducting small scale mining activity, the Licensee shall treat such persons as displaced persons and implement the resettlement under the foregoing provisions, provided that the Licensee shall not be liable to compensate or resettle any artisanal miners who first occupy the Mining Area after the Effective Date, including a procedure to ensure that information regarding the Effective Date is well documented and disseminated throughout the Mining Area in a culturally accepted manner and that the resettlement plan is developed in Consultation with those artisanal miners or persons conducting small scale mining activity; and g) A plan for the transition of the Project Area to a post mining economy.