Common use of Title to Properties and Condition of Assets Clause in Contracts

Title to Properties and Condition of Assets. The EFI Disclosure Memorandum provides a list of all of the mineral properties that are material to EFI, taken as a whole (the “EFI Material Properties”). Except as disclosed in either the EFI Disclosure Memorandum or the EFI Public Disclosure Documents, applying customary standards in the mining industry, EFI has sufficient title to or valid leasehold interests in the EFI Material Properties to operate such properties in the ordinary course and consistent with past practice, free and clear of any title defect or Encumbrance, except for such defects in title or Encumbrances that, individually or in the aggregate, do not have, and would not reasonably be expected to have, a Material Adverse Effect on EFI. Each lease and agreement granting rights to the EFI Material Properties is in full force and effect and constitutes a legal, valid and binding agreement of EFI or an EFI Material Subsidiary thereof and EFI and/or the EFI Material Subsidiary, as the case may be, is not in violation or breach of or default under any such lease or agreement except such violations, breaches or defaults which, individually, or in the aggregate, would not reasonably be expected to have a Material Adverse Effect on EFI. Furthermore, all real and tangible personal property of EFI and the EFI Material Subsidiaries is in generally good repair and is operational and usable in the manner in which it is currently being utilized, subject to normal wear and tear and technical obsolescence, repair or replacement except for such property where the failure to be in such condition would not reasonably be expected to have a Material Adverse Effect on EFI.

Title to Properties and Condition of Assets. The EFI Xxxxxxx Disclosure Memorandum provides a list of all of the mineral properties that are material to EFIthe Xxxxxxx US Group, taken as a whole (the “EFI Xxxxxxx Material Properties”). Except as disclosed in either the EFI Xxxxxxx Disclosure Memorandum or the EFI Xxxxxxx Public Disclosure Documents, applying customary standards in the mining industry, EFI has the Xxxxxxx Material Entities have sufficient title to or valid leasehold interests in the EFI Material Properties properties comprising the US Mining Division to operate such properties in the ordinary course and consistent with past practice, free and clear of any title defect or Encumbrance, except for such defects in title or Encumbrances that, individually or in the aggregate, do not have, and would not reasonably be expected to have, a Material Adverse Effect on EFIthe Xxxxxxx US Group. Each lease and agreement granting rights to the EFI Material Properties properties comprising the US Mining Division is in full force and effect and constitutes a legal, valid and binding agreement of EFI or an EFI a Xxxxxxx Material Subsidiary thereof Entity and EFI and/or the EFI such Xxxxxxx Material Subsidiary, as the case may be, Entity is not in violation or breach of or default under any such lease or agreement except such violations, breaches or defaults which, individually, or in the aggregate, would not reasonably be expected to have a Material Adverse Effect on EFIthe Xxxxxxx US Group. Furthermore, all real and tangible personal property of EFI and the EFI Material Subsidiaries Xxxxxxx US Group is in generally good repair and is operational and usable in the manner in which it is currently being utilized, subject to normal wear and tear and technical obsolescence, repair or replacement except for such property where the failure to be in such condition would not reasonably be expected to have a Material Adverse Effect on EFIthe Xxxxxxx US Group.

Title to Properties and Condition of Assets. The EFI Disclosure Memorandum provides a list of all of the mineral properties that are material to EFI, taken as a whole (the “EFI Material Properties”). Except as disclosed in either the EFI Disclosure Memorandum or the EFI Public Disclosure Documentsby Glamis, applying customary standards in the mining industry, EFI each of Glamis, the Glamis Subsidiaries and, to the knowledge of Glamis, each of the Glamis Significant Interest Companies, has sufficient title to or valid leasehold interests in the EFI Material Glamis Properties to operate such properties in the ordinary course and consistent with past practicepractices, free and clear of any title defect or Encumbrance, except for such defects in title or Encumbrances that, individually or in the aggregate, do not have, and would not reasonably be expected to have, a Material Adverse Effect on EFIGlamis. Each lease and agreement granting rights to the EFI Material Glamis Properties is in full force and effect and constitutes a legal, valid and binding agreement of EFI or an EFI Material Subsidiary thereof Glamis, the Glamis Subsidiaries or, the Glamis Significant Interest Companies, and EFI and/or neither Glamis, the EFI Material SubsidiaryGlamis Subsidiaries or, as to the case may beknowledge of Glamis, the Glamis Significant Interest Companies is not in violation or of breach of or default under any such lease or agreement except such violations, breaches or defaults which, individually, or in the aggregate, would not reasonably be expected to have a Material Adverse Effect on EFIGlamis. Furthermore, all real and tangible personal property of EFI and each of Glamis, the EFI Material Glamis Subsidiaries and, to the knowledge of Glamis, each of the Glamis Significant Interest Companies, is in generally good repair and is operational and usable in the manner in which it is currently being utilized, subject to normal wear and tear and technical obsolescence, repair or replacement replacement, except for such property where the failure to be in such condition would not reasonably be expected to have a Material Adverse Effect on EFIor Glamis.

Title to Properties and Condition of Assets. The EFI Disclosure Memorandum provides a list of all of the mineral properties that are material to EFI, taken as a whole (the “EFI Material Properties”). Except as disclosed by Northern Orion in either the EFI Disclosure Memorandum or the EFI Public Disclosure DocumentsMemorandum, applying customary standards in the mining industry, EFI each of Northern Orion, the Northern Orion Subsidiaries and, to the knowledge of Northern Orion, each of the Northern Orion Significant Interest Companies, has sufficient title to or valid leasehold interests in the EFI Material Northern Orion Properties to operate such properties in the ordinary course and consistent with past practicepractices, free and clear of any title defect or Encumbrance, except for such defects in title or Encumbrances that, individually or in the aggregate, do not have, and would not reasonably be expected to have, a Material Adverse Effect on EFINorthern Orion. Each lease and agreement granting rights to the EFI Material Northern Orion Properties is in full force and effect and constitutes a legal, valid and binding agreement of EFI or an EFI Material Subsidiary thereof Northern Orion, the Northern Orion Subsidiaries or, to the knowledge of Northern Orion, the Northern Orion Significant Interest Companies, and EFI and/or neither Northern Orion, the EFI Material SubsidiaryNorthern Orion Subsidiaries or, as to the case may beknowledge of Northern Orion, the Northern Orion Significant Interest Companies is not in violation or of breach of or default under any such lease or agreement except such violations, breaches or defaults which, individually, or in the aggregate, would not reasonably be expected to have a Material Adverse Effect on EFINorthern Orion. Furthermore, all real and tangible personal property of EFI and each of Northern Orion, the EFI Material Northern Orion Subsidiaries and, to the knowledge of Northern Orion, each of the Northern Orion Significant Interest Companies, is in generally good repair and is operational and usable in the manner in which it is currently being utilized, subject to normal wear and tear and technical obsolescence, repair or replacement replacement, except for such property where the failure to be in such condition would not reasonably be expected to have a Material Adverse Effect on EFINorthern Orion.

Title to Properties and Condition of Assets. The EFI Disclosure Memorandum provides a list of all of the mineral properties that are material to EFI, taken as a whole (the “EFI Material Properties”). Except as disclosed in either the EFI Disclosure Memorandum or the EFI Public Disclosure Documents, applying customary standards set forth in the mining industryBema Disclosure Letter, EFI each of Bema or a Bema Subsidiary has sufficient title to (whether in fee simple or valid leasehold interests in the EFI Material Properties to operate such properties in the ordinary course and consistent with past practiceequivalent or by means of an exploration, retention, reconnaissance, development or mining permit, right or license or similar), free and clear of any title defect or Encumbrance, to its mineral projects with proven and probable reserves (other than property as to which it is a lessee, in which case it has a valid leasehold interest), such properties being described in Schedule A hereto, except for such defects in title or Encumbrances that, individually or in the aggregate, do not have, and would not reasonably be expected to have, a Material Adverse Effect on EFI. Each lease and agreement granting rights to the EFI Material Properties is in full force and effect and constitutes a legal, valid and binding agreement of EFI or an EFI Material Subsidiary thereof and EFI and/or the EFI Material Subsidiary, as the case may be, is not in violation or breach of or default under any such lease or agreement except such violations, breaches or defaults which, individually, or in the aggregate, would not reasonably be expected to have a Material Adverse Effect on EFIBema. Furthermore, all All real and tangible personal property of EFI Bema and the EFI Material Subsidiaries each Bema Group Company is in generally good repair and is operational and usable in the manner in which it is currently being utilized, subject to normal wear and tear and technical obsolescence, repair or replacement replacement, except for such property where the whose failure to be in such condition would does not reasonably be expected to have a Material Adverse Effect on EFIBema. Bema has provided Kinross with a list of the material royalty and similar type interests which are owned or held, directly or indirectly, by Bema and Bema has, applying customary standards in the mining industry, sufficient title to all of such material royalty or other interests, free and clear of any title defects or Encumbrances, except for any such title defects or Encumbrances that, individually or in the aggregate, do not have a Material Adverse Effect on Bema. All required permits or registrations necessary to perfect title in and to such assets have been carried out in compliance with applicable Law and are in full force and effect, except for any non-compliance that, individually or in the aggregate, does not have a Material Adverse Effect on Bema.

Title to Properties and Condition of Assets. The EFI Disclosure Memorandum provides a list of all of the mineral properties that are material to EFI, taken as a whole (the “EFI Material Properties”). Except as disclosed in either the EFI Disclosure Memorandum or the EFI Public Disclosure Documents, applying customary standards set forth in the mining industryBema Disclosure Letter, EFI each of Bema or a Bema Subsidiary has sufficient title to (whether in fee simple or valid leasehold interests in the EFI Material Properties to operate such properties in the ordinary course and consistent with past practiceequivalent or by means of an exploration, retention, reconnaissance, development or mining permit, right or licence or similar), free and clear of any title defect or Encumbrance, to its mineral projects with proven and probable reserves (other than property as to which it is a lessee, in which case it has a valid leasehold interest), such properties being described in Schedule C hereto, except for such defects in title or Encumbrances that, individually or in the aggregate, do not have, and would not reasonably be expected to have, a Material Adverse Effect on EFI. Each lease and agreement granting rights to the EFI Material Properties is in full force and effect and constitutes a legal, valid and binding agreement of EFI or an EFI Material Subsidiary thereof and EFI and/or the EFI Material Subsidiary, as the case may be, is not in violation or breach of or default under any such lease or agreement except such violations, breaches or defaults which, individually, or in the aggregate, would not reasonably be expected to have a Material Adverse Effect on EFIBema. Furthermore, all All real and tangible personal property of EFI Bema and the EFI Material Subsidiaries each Bema Group Company is in generally good repair and is operational and usable in the manner in which it is currently being utilized, subject to normal wear and tear and technical obsolescence, repair or replacement replacement, except for such property where the whose failure to be in such condition would does not reasonably be expected to have a Material Adverse Effect on EFIBema. Bema has provided Kinross with a list of the material royalty and similar type interests which are owned or held, directly or indirectly, by Bema and Bema has, applying customary standards in the mining industry, sufficient title to all of such material royalty or other interests, free and clear of any title defects or Encumbrances, except for any such title defects or Encumbrances that, individually or in the aggregate, do not have a Material Adverse Effect on Bema. All required permits or registrations necessary to perfect title in and to such assets have been carried out in compliance with applicable Law and are in full force and effect, except for any non-compliance that, individually or in the aggregate, does not have a Material Adverse Effect on Bema.