Common use of in cash Clause in Contracts

in cash. If TOTAL elects to receive its Production Royalty for Precious Metals in cash, and as to Production Royalty payable on Other Minerals, payments shall be payable on or before the twenty-fifth (25th) day of the month following the calendar month in which the minerals subject to the Production Royalty were shipped to the Payor by BUYER. For purposes of calculating the cash amount due to TOTAL, Precious Metals and Other Minerals will be deemed to have been sold or otherwise disposed of at the time refined production from the Property is delivered, made available, or credited to BUYER by a mint or refiner. The price used for calculating the cash amount due for Production Royalty on Precious Metals or Other Minerals shall be determined in accordance with section 9(a) and section 9(b) as applicable. BUYER shall make each Production Royalty payment to be paid in cash by delivery of a check payable to TOTAL and delivering such check to TOTAL at the address listed in this Agreement, or to such other address as TOTAL may direct or by direct bank deposit to TOTAL's account as TOTAL shall designate. Should default be made in any cash payment when due for Production Royalty and such default still exists ten (10) days following notice of non-payment, then all unpaid amounts shall become immediately due and shall bear interest at the rate of fifteen percent (15%) per annum commencing from and after such payment due date until paid.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Seabridge Gold Inc)

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in cash. If TOTAL NEWMONT and/or TOTAL, as the case may be, elects to receive its Production Royalty for Precious Metals in cash, and as to Production Royalty payable on Other Minerals, payments shall be payable on or before the twenty-fifth (25th) day of the month following the calendar month in which the minerals subject to the Production Royalty were shipped to the Payor by BUYERSEABRIDGE. For purposes of calculating the cash amount due to TOTALSELLERS, Precious Metals and Other Minerals will be deemed to have been sold or otherwise disposed of at the time refined production from the Property is delivered, made available, or credited to BUYER SEABRIDGE by a mint or refiner. The price used for calculating the cash amount due for Production Royalty on Precious Metals or Other Minerals shall be determined in accordance with section 9(a) and section 9(b) as applicable. BUYER SEABRIDGE shall make each Production Royalty payment to be paid in cash by delivery of a check separate checks payable to each of NEWMONT and TOTAL and delivering such check separate checks to each of NEWMONT and TOTAL at the address addresses listed in this Agreement, or to such other address as NEWMONT and/or TOTAL may direct or by direct bank deposit to NEWMONT and/or TOTAL's account as NEWMONT and/or TOTAL shall designate. Should default be made in any cash payment when due for Production Royalty and such default still exists ten (10) days following notice of non-payment, then all unpaid amounts shall become immediately due and shall bear interest at the rate of fifteen percent (15%) per annum commencing from and after such payment due date until paid.paid (ii)

Appears in 1 contract

Samples: Purchase and Sale Agreement (Seabridge Gold Inc)

in cash. If TOTAL OWNER elects to receive its Production Royalty for Precious Metals in cash, and as to Production Royalty payable on Other Minerals, payments shall be payable on or before the later of ten (10) days after LESSEE receives payment from the Payor or the twenty-fifth (25th) day of the month following the calendar month in which the minerals subject to the Production Royalty were shipped to the Payor by BUYERLESSEE. For purposes of calculating the cash amount due to TOTALOWNER, Precious Metals and Other Minerals will be deemed to have been sold or otherwise disposed of at the time refined production from the Property Premises is delivered, made available, or credited to BUYER LESSEE by a mint or refiner. The price used for calculating the cash amount due for Production Royalty on Precious Metals or Other Minerals shall be determined in accordance with section 9(a) Section 1.2 and section 9(b) Section 1.4 as applicable. BUYER LESSEE shall make each Production Royalty payment to be paid in cash by delivery of a check payable to TOTAL OWNER and delivering such check to TOTAL OWNER at the address listed in this Agreement, or to such other address as TOTAL OWNER may direct or by direct bank deposit to TOTAL's OWNER’s account as TOTAL OWNER shall designate. Should default be made in any cash payment when due for Production Royalty and such default still exists ten (10) days following notice Notice of non-payment, then all unpaid amounts shall become immediately then due and shall bear interest at the rate of fifteen five percent (155%) per annum commencing from and after such payment due date until paid.

Appears in 1 contract

Samples: Mining Lease (New Jersey Mining Co)

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in cash. If TOTAL NEWMONT and/or TOTAL, as the case may be, elects to receive its Production Royalty for Precious Metals in cash, and as to Production Royalty payable on Other Minerals, payments shall be payable on or before the twenty-fifth (25th) day of the month following the calendar month in which the minerals subject to the Production Royalty were shipped to the Payor by BUYERSEABRIDGE. For purposes of calculating the cash amount due to TOTALSELLERS, Precious Metals and Other Minerals will be deemed to have been sold or otherwise disposed of at the time refined production from the Property is delivered, made available, or credited to BUYER SEABRIDGE by a mint or refiner. The price used for calculating the cash amount due for Production Royalty on Precious Metals or Other Minerals shall be determined in accordance with section 9(a) and section 9(b) as applicable. BUYER SEABRIDGE shall make each Production Royalty payment to be paid in cash by delivery of a check separate checks payable to each of NEWMONT and TOTAL and delivering such check separate checks to each of NEWMONT and TOTAL at the address addresses listed in this Agreement, or to such other address as NEWMONT and/or TOTAL may direct or by direct bank deposit to NEWMONT and/or TOTAL's account as NEWMONT and/or TOTAL shall designate. Should default be made in any cash payment when due for Production Royalty and such default still exists ten (10) days following notice of non-payment, then all unpaid amounts shall become immediately due and shall bear interest at the rate of fifteen percent (15%) per annum commencing from and after such payment due date until paid.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Seabridge Gold Inc)

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