Common use of Minimum Use Clause in Contracts

Minimum Use. With respect to the use of the Operations Area, if the Parties are not able to resolve the location and use of the Access Rights, the Parties agree that the use of the Access Rights for the Operations Area shall be allocated as depicted in the map attached hereto as a part of EXHIBIT “D”. With respect to the Tailings Area, the Access Rights on the Tailings Area shall be exclusive to EMMR except that KEM shall have access to the Tailings Area as reasonably necessary for the construction and use of the Project related facilities as described in EXHIBIT “E” attached hereto and subject to KEM’s reserved rights as specified in the Mining Agreement with respect to the fine tailings as defined is the Mining Agreement.