Common use of Temporary Closure, Care and Maintenance, Abandonment Clause in Contracts

Temporary Closure, Care and Maintenance, Abandonment. 4.5.1 Nothing in this Agreement shall be construed as an obligation of AEM to continue to operate the Meliadine Project. 4.5.2 AEM may put the Meliadine Project in Temporary Closure or Care and Maintenance, as it deems necessary, provided that: (a) written notice shall be immediately given to KIA; (b) following delivery of written notice, AEM shall be, until the Meliadine Project resumes in whole or in part, relieved from such of its covenants, obligations and liabilities under this Agreement as the Parties may agree, except any obligation of AEM to pay any monies payable to KIA under this Agreement; and (c) written notice shall be immediately given to KIA upon a decision being made to re- commence operations at the Meliadine Project. 4.5.3 AEM may at any time during the Term declare Abandonment of the Meliadine Project, provided that written notice shall be immediately given to KIA. 4.5.4 Upon AEM delivering a notice to KIA that it intends to place the Meliadine Project into Temporary Closure or Care and Maintenance, AEM and KIA shall forthwith enter into good faith negotiations and use commercially reasonable efforts to conclude an agreement on appropriate implementation measures which shall be in keeping with the purpose and the objectives of this Agreement.

Temporary Closure, Care and Maintenance, Abandonment. 4.5.1 Nothing in this Agreement shall be construed as an obligation of AEM to continue to operate the Meliadine Whale Tail Project. 4.5.2 AEM may put the Meliadine Whale Tail Project in Temporary Closure or Care and Maintenance, as it deems necessary, provided that: (a) written notice shall be immediately given to KIA; (b) following delivery of written notice, AEM shall be, until the Meliadine Whale Tail Project resumes in whole or in part, relieved from such of its covenants, obligations and liabilities under this Agreement as the Parties may agree, except any obligation of AEM to pay any monies payable to KIA under this Agreement; and (c) written notice shall be immediately given to KIA upon a decision being made to re- commence operations at the Meliadine Whale Tail Project. 4.5.3 AEM may at any time during the Term declare Abandonment of the Meliadine Whale Tail Project, provided that written notice shall be immediately given to KIA. 4.5.4 Upon AEM delivering a notice to KIA that it intends to place the Meliadine Whale Tail Project into Temporary Closure or Care and Maintenance, AEM and KIA shall forthwith enter into good faith negotiations and use commercially reasonable efforts to conclude an agreement on appropriate implementation measures which shall be in keeping with the purpose and the objectives of this Agreement.