Amendment, Relocation and Conversion of Claims Sample Clauses

Amendment, Relocation and Conversion of Claims. Borealis shall have the right, but not the obligation, during the term of this Agreement and without the prior consent of Golden Phoenix, but with prior notice to Golden Phoenix, to amend or relocate the Claims and any other claims included in the Properties. Any such action shall be subject to such restrictions and requirements as exist under the Lease. All expenses incurred by Borealis in connection with such amendments or relocations shall be borne by Borealis, but shall be credited as Expenditures. Borealis shall have the right, but not the obligation, during the term of this Agreement and without the prior consent of Golden Phoenix, but with prior notice to Golden Phoenix, to convert the Claims and any other claims included in the Properties as permitted under any amendment or replacement of the federal mining laws. The rights of Borealis under this Agreement shall extend to all amended locations and relocations of any claims included in the Properties, and to any other interest(s) acquired by Golden Phoenix or Borealis under the federal mining laws and any amendments or replacements thereof by reason of their interest in the Properties.
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Amendment, Relocation and Conversion of Claims. Subject to Xxxxxx'x approval, which shall not be unreasonably withheld, GPM shall have the right, in its sole and exclusive discretion, to amend or relocate the Claims. If the mining laws of the United States or the State of Alaska are amended or repealed or law enacted which permit or require the conversion of the Claims from unpatented mining claims to leases, licenses, privileges or other interests, GPM may, in its sole and exclusive discretion, elect to convert the Claims in which case the interest of GPM in any such leases, licenses, privileges or other interests shall be subject to the terms of this Agreement. To the extent GPM elects not to convert the Claims in accordance with this Section 9 and such claims become subject to surrender, abandonment or forfeiture, the right and obligations of GPM and XXXXXX with respect to any Claims or portion of the Claims subject to the surrender, abandonment or forfeiture shall be subject to the provisions of Section 10.1. GPM shall have no obligation or liability to XXXXXX for any claim or assertion of loss or damage resulting from the amendment, relocation, conversion or attempted conversion of the Claims in accordance with the terms of this Section 9.
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Related to Amendment, Relocation and Conversion of Claims

  • Amendment of Agreement and Certificate of Limited Partnership For the admission to the Partnership of any Partner, the General Partner shall take all steps necessary and appropriate under the Act to amend the records of the Partnership and, if necessary, to prepare as soon as practical an amendment of this Agreement (including an amendment of Exhibit A) and, if required by law, shall prepare and file an amendment to the Certificate and may for this purpose exercise the power of attorney granted pursuant to Section 2.4 hereof.

  • Termination and Amendment of Agreement The Corporation and the Custodian mutually may agree from time to time in writing to amend, to add to, or to delete from any provision of this Agreement. The Custodian may terminate this Agreement by giving the Corporation ninety days' written notice of such termination by registered mail addressed to the Corporation at its principal place of business. The Corporation may terminate this Agreement at any time by written notice thereof delivered, together with a copy of the resolution of the Board of Directors authorizing such termination and certified by the Secretary of the Corporation, by registered mail to the Custodian. Upon such termination of this Agreement, assets of the Corporation held by the Custodian shall be delivered by the Custodian to a successor custodian, if one has been appointed by the Corporation, upon receipt by the Custodian of a copy of the resolution of the Board of Directors of the Corporation certified by the Secretary, showing appointment of the successor custodian, and provided that such successor custodian is a bank or trust company, organized under the laws of the United States or of any State of the United States, having not less than two million dollars aggregate capital, surplus and undivided profits. Upon the termination of this Agreement as a part of the transfer of assets, either to a successor custodian or otherwise, the Custodian will deliver securities held by it hereunder, when so authorized and directed by resolution of the Board of Directors of the Corporation, to a duly appointed agent of the successor custodian or to the appropriate transfer agents for transfer of registration and delivery as directed. Delivery of assets on termination of this Agreement shall be effected in a reasonable, expeditious and orderly manner; and in order to accomplish an orderly transition from the Custodian to the successor custodian, the Custodian shall continue to act as such under this Agreement as to assets in its possession or control. Termination as to each security shall become effective upon delivery to the successor custodian, its agent, or to a transfer agent for a specific security for the account of the successor custodian, and such delivery shall constitute effective delivery by the Custodian to the successor under this Agreement. In addition to the means of termination herein before authorized, this Agreement may be terminated at any time by the vote of a majority of the outstanding shares of the Corporation and after written notice of such action to the Custodian.

  • Termination and Amendment 53 8.1. TERMINATION.............................................................................53 8.2.

  • TERM, TERMINATION AND AMENDMENT (a) This Agreement shall become effective on the date of its execution and shall remain in full force and effect for a period of two years from the effective date and shall automatically continue in full force and effect after such initial term unless either party terminates this Agreement by written notice to the other party at least sixty (60) days prior to the expiration of the initial term.

  • EFFECTIVENESS, TERMINATION, AND AMENDMENT OF AGREEMENT (a) This Agreement shall become effective on the date set forth below and may be terminated at any time by any party upon sixty (60) days’ prior written notice to the other parties, and may be terminated earlier by the Fund, the Participant or the Distributor at any time in the event of a material breach by another party of any provision of this Agreement.

  • Effectiveness, Continuation, Termination and Amendment This Amended ------------------------------------------------------ and Restated Plan has been approved by a vote of the Board and its Independent Trustees and replaces the Fund's prior Distribution and Service Plan and Agreement for Class C shares. Unless terminated as hereinafter provided, it shall continue in effect until renewed by the Board in accordance with the Rule and thereafter from year to year or as the Board may otherwise determine but only so long as such continuance is specifically approved at least annually by a vote of the Board and its Independent Trustees cast in person at a meeting called for the purpose of voting on such continuance. This Plan may not be amended to increase materially the amount of payments to be made under this Plan, without approval of the Class C Shareholders at a meeting called for that purpose and all material amendments must be approved by a vote of the Board and of the Independent Trustees. This Plan may be terminated at any time by a vote of a majority of the Independent Trustees or by the vote of the holders of a "majority" (as defined in the 1940 Act) of the Fund's outstxxxxxx Xlass C voting shares. In the event of such termination, the Board and its Independent Trustees shall determine whether the Distributor shall be entitled to payment from the Fund of all or a portion of the Service Fee and/or the Asset-Based Sales Charge in respect of Shares sold prior to the effective date of such termination.

  • Termination Amendment and Waiver 46 7.1 Termination....................................................................................46 7.2

  • Duration and Termination of Agreement; Amendments (a) Subject to prior termination as provided in subparagraph (d) of this paragraph 9, this Agreement shall continue in force until July 31, 2001 and indefinitely thereafter, but only so long as the continuance after such period shall be specifically approved at least annually by vote of the Trust's Board of Trustees or by vote of a majority of the outstanding voting securities of the Portfolio.

  • Modification and Amendment This Agreement may not be changed, modified, discharged or amended, except by an instrument signed by all of the parties hereto.

  • Effective Date, Amendment and Termination A. This Agreement shall become effective as of the date executed by JPMDS or as of the first date thereafter upon which Financial Intermediary performs any service, or receives any payment pursuant hereto.

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