Common use of Taking in Kind Clause in Contracts

Taking in Kind. Each Participant shall take in kind or separately dispose of its share of all Products in proportion to its Participating Interest. Any extra expenditure incurred in the taking in kind or separate disposition by either Participant of its proportionate share of Products shall be borne by such Participant. Nothing in this Agreement shall be construed as providing, directly or indirectly, for any joint or cooperative marketing or selling of Products or permitting the processing of Products owned by any third party at any processing facilities constructed by the Participants pursuant to this Agreement. The Manager shall give notice in advance of the anticipated delivery date upon which Products will be available.

Appears in 5 contracts

Samples: Operating Agreement (Midway Gold Corp), Operating Agreement (Miranda Gold Corp), Operating Agreement (Royal Gold Inc /De/)

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Taking in Kind. Each Participant shall take in kind or separately dispose of its share of all Products in proportion to its Participating Interest. Any extra expenditure incurred in the taking in kind or separate disposition by either Participant of its proportionate share of Products shall be borne by such Participant. Nothing in this Agreement shall be construed as providing, directly or indirectly, for any joint or cooperative co-operative marketing or selling of Products or permitting the processing of Products owned by any third party at any processing facilities constructed by the Participants pursuant to this Agreement. The Manager shall give notice in advance of the anticipated delivery date upon which Products will be available.

Appears in 3 contracts

Samples: In Agreement (Entree Gold Inc), Equity Participation (Entree Gold Inc), In Agreement (Entree Gold Inc)

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Taking in Kind. Each Participant shall take in kind or separately dispose of its share of all Products in proportion to its Participating Interest. Any extra expenditure incurred in the taking in kind or separate disposition by either Participant of its proportionate share of Products shall be borne by such Participant. Nothing in this Agreement shall be construed as providing, directly or indirectly, for any joint or cooperative marketing or selling of Products or permitting the processing of Products owned by any third party at any processing facilities constructed by the Participants pursuant to this Agreement. The Manager shall give notice in advance of the anticipated delivery date upon which Products will be available. Each Participant agrees to report promptly to the Manager the prices it receives for its share of Products to enable the Manager to pay taxes, royalties and other payments due third parties on a weighted average basis.

Appears in 1 contract

Samples: Operating Agreement (Canyon Resources Corp)

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