Stockpiling. The Seller shall not stockpile, store or place Produced Gold off of the Properties unless the Seller has first secured from the property owner where such stockpiling, storage or placement is to occur a written agreement in recordable form which provides that the Purchaser’s rights to the Produced Gold shall be preserved. Such agreement shall provide, inter alia, that (a) the Purchaser’s rights pursuant to this Agreement, insofar as they are applicable, shall continue in full force and effect; (b) the Purchaser’s rights in and to the Produced Gold shall be the same as if the Produced Gold were situate on the Properties; (c) the Purchaser’s rights set forth in this Section 8.3 shall have precedence over the rights to the Produced Gold of the property owner where the Produced Gold is stockpiled, stored or placed; (d) the agreement shall be irrevocable as long as the Produced Gold, or any part thereof, remains on the property not part of the Properties and (e) the Purchaser shall have substantially similar access rights and obligations as provided in Section 5.5.
Appears in 5 contracts
Samples: Gold Purchase and Sale Agreement (Banro Corp), Gold Purchase and Sale Agreement (Banro Corp), Purchase and Sale Agreement (Banro Corp)
Stockpiling. The Seller shall not stockpile, store or place Produced Gold off of the Properties unless the Seller has first secured from the property owner where such stockpiling, storage or placement is to occur a written agreement in recordable form which provides that the Purchaser’s Purchasers’ rights to the Produced Gold shall be preserved. Such agreement shall provide, inter alia, that (a) the Purchaser’s Purchasers’ rights pursuant to this Agreement, insofar as they are applicable, shall continue in full force and effect; (b) the Purchaser’s Purchasers’ rights in and to the Produced Gold shall be the same as if the Produced Gold were situate on the Properties; (c) the Purchaser’s Purchasers’ rights set forth in this Section 8.3 9.4 shall have precedence over the rights to the Produced Gold of the property owner where the Produced Gold is stockpiled, stored or placed; (d) the agreement shall be irrevocable as long as the Produced Gold, or any part thereof, remains on the property not part of the Properties and (e) the Purchaser Agent and the Purchasers shall have substantially similar access rights and obligations as provided in Section 5.56.6.
Appears in 3 contracts
Samples: Gold Purchase and Sale Agreement (Banro Corp), Gold Purchase and Sale Agreement (Banro Corp), Gold Purchase and Sale Agreement (Banro Corp)
Stockpiling. The Seller shall not stockpile, store or place Produced Gold off of the Properties unless the Seller has first secured from the property owner where such stockpiling, storage or placement is to occur a written agreement in recordable form which provides that the Purchaser’s Purchasers’ rights to the Produced Gold shall be preserved. Such agreement shall provide, inter alia, that (a) the Purchaser’s Purchasers’ rights pursuant to this Agreement, insofar as they are applicable, shall continue in full force and effect; (b) the Purchaser’s Purchasers’ rights in and to the Produced Gold shall be the same as if the Produced Gold were situate on the Properties; (c) the Purchaser’s Purchasers’ rights set forth in this Section 8.3 shall have precedence over the rights to the Produced Gold of the property owner where the Produced Gold is stockpiled, stored or placed; (d) the agreement shall be irrevocable as long as the Produced Gold, or any part thereof, remains on the property not part of the Properties and (e) the Purchaser Purchasers shall have substantially similar access rights and obligations as provided in Section 5.5.
Appears in 2 contracts
Samples: Namoya Ii Gold Purchase and Sale Agreement (Banro Corp), Gold Purchase and Sale Agreement (Banro Corp)
Stockpiling. The Seller shall not stockpile, store or place Produced Gold off of the Properties unless the Seller has first secured from the property owner where such stockpiling, storage or placement is to occur a written agreement in recordable form which provides that the Purchaser’s rights to the Produced Gold shall be preserved. Such agreement shall provide, inter alia, that (a) the Purchaser’s rights pursuant to this Agreement, insofar as they are applicable, shall continue in full force and effect; (b) the Purchaser’s rights in and to the Produced Gold shall be the same as if the Produced Gold were situate on the Properties; (c) the Purchaser’s rights set forth in this Section 8.3 9.4 shall have precedence over the rights to the Produced Gold of the property owner where the Produced Gold is stockpiled, stored or placed; (d) the agreement shall be irrevocable as long as the Produced Gold, or any part thereof, remains on the property not part of the Properties and (e) the Purchaser shall have substantially similar access rights and obligations as provided in Section 5.56.6.
Appears in 1 contract