Mining and Environmental Matters Sample Clauses
The "Mining and Environmental Matters" clause sets out the obligations and standards that parties must follow regarding environmental protection and regulatory compliance in mining operations. Typically, this clause requires adherence to all applicable environmental laws, mandates obtaining necessary permits, and may specify procedures for handling hazardous materials or remediating environmental damage. Its core function is to ensure that mining activities are conducted responsibly, minimizing environmental impact and legal risk for all parties involved.
Mining and Environmental Matters. (a) the Material Property is comprised of the claims as set forth in Schedule "B" attached hereto, and all such claims are valid and in good standing;
(b) Cream Mexico holds either freehold title, mining leases, mining claims or other conventional property, proprietary or contractual interests or rights, recognized in the jurisdiction in which the Material Property is located under valid, subsisting and enforceable title documents or other recognized and enforceable agreements or instruments, sufficient to permit Cream Mexico to access the Material Property and explore the minerals relating thereto and produce therefrom; all such property, leases or claims and all property, leases or claims in which Cream Mexico has any interests or right have been validly located and recorded in accordance with all applicable laws and are valid and subsisting; Cream Mexico has all necessary surface rights, access rights and other necessary rights and interests relating to the Material Property as described in the Public Disclosure Documents granting Cream Mexico the right and ability to access the property and explore for minerals and produce therefrom as are appropriate in view of their respective rights and interests therein, with only such exceptions as do not materially interfere with the access and use by Cream Mexico of the rights or interests so held and each of the proprietary interests or rights and each of the documents, agreements and instruments and obligations relating thereto referred to above are currently in good standing in the name of Cream Mexico;
(c) with respect to the claims as set forth in Schedule "B" attached hereto in which Cream Mexico is the absolute legal and beneficial owner, Cream Mexico has good and marketable title free of all mortgages, liens, charges, pledges, security interests, encumbrances, claims or demands whatsoever;
(d) any and all of the agreements and other documents and instruments pursuant to which the Company or Cream Mexico hold any interest in the Material Property and assets related thereto (including any option agreement or any interest in, or right to earn an interest in, any property) are valid and subsisting agreements, documents or instruments in full force and effect, enforceable in accordance with the terms thereof, Cream Mexico is not in default of any of the material provisions of any such agreements, documents or instruments, nor has any such default been alleged. None of the properties constituting the Material ...
Mining and Environmental Matters. (i) Following completion of the Transaction, the Marathon Properties will be the only material property of the Corporation;
(ii) the Corporation is, and following completion of the Transaction, to the knowledge of the Corporation, will be, in material compliance with all applicable federal, provincial, state, municipal and local laws, statutes, ordinances, by-laws and regulations and orders, and decisions rendered by any ministry, department or administrative or agency, domestic or foreign (the “Mining and Environmental Laws”) relating the protection of the environment, occupational health and safety, current or proposed mining, exploration or development activities, use, treatment, storage, disposal, discharge, transport or handling of any pollutants, contaminants, chemicals or industrial, toxic or hazardous wastes or substance (“Hazardous Substances”);
(iii) the Corporation has, and following completion of the Transaction, to the knowledge of the Corporation, will have, directly or indirectly, obtained the rights to use, all material licenses, permits, approvals, consents, certificates, registrations and other authorizations under all applicable legislation including Mining and Environmental Laws (the “Permits”) necessary as at the date hereof or thereof for the operation of its businesses carried on or proposed to be commenced by the Corporation as described in the public disclosure record of the Corporation, and each Permit is or will be at the time of such commencement be valid, subsisting and in good standing and the Corporation is not, and following completion of the Transaction, to the knowledge of the Corporation will not be, in material default or breach of any permit and, to the knowledge of the Corporation, no proceeding is pending or threatened to revoke or limit any Permit;
(iv) the Corporation has not used, and following completion of the Transaction, to the knowledge of the Corporation, will not use, any property or facility which it owns or leases or previously owned or leased, to generate, manufacture, process, distribute, use, treat, store, dispose of, transport or handle any Hazardous Substance, except in material compliance with all Mining and Environmental Laws and Permits;
(v) the Corporation has not received, and, to the knowledge of the Corporation, Sibanye has not received in respect of the Marathon Properties, any notice of, or been prosecuted for an offence alleging, material non-compliance with any Mining and Environmental Law,...
Mining and Environmental Matters. A. Tahoe, directly or through its subsidiaries, owns, controls and has legal rights to such mineral claims, licenses, concessions, rights, titles, leases and interests (collectively, the “Mining Rights”) as are materially necessary or appropriate to authorize and enable it to access each of the Material Projects and carry on the material mining activities and mineral exploration as currently being undertaken (as described in the Prospectus and U.S. Prospectus) and is not in default of such Mining Rights;
B. all assessments or other work required to be performed in relation to the Mining Rights in order to maintain its interest therein, if any, have been performed to date and Tahoe and its subsidiaries have complied in all material respects with all applicable Laws in this regard as well as with regard to contractual obligations to third parties in this regard except for any non-compliance which would not, either individually or in the aggregate, have a Material Adverse Effect, and, except as disclosed in the Prospectus and U.S. Prospectus, all such Mining Rights are in good standing in all material respects;
C. Tahoe, directly or through its subsidiaries, is the absolute legal and beneficial owner of, and has good and marketable title to, the Material Projects, the Mining Rights and other assets thereof free of all Liens, except as set out in the Prospectus and U.S. Prospectus and in respect of equipment leases. Except as disclosed in the Prospectus and U.S. Prospectus, Tahoe does not know of any claim or the basis for any claim, including a claim with respect to native rights, that could adversely affect its rights to access, use, transfer or otherwise exploit the Mining Rights. Except as disclosed in the Prospectus and U.S. Prospectus, neither Tahoe nor any of its subsidiaries has any responsibility or obligation to pay any commission, royalty, licence fee or similar payment to any Person with respect to the Mining Rights;
D. except as disclosed in the Prospectus and U.S. Prospectus, there are no ongoing environmental audits, evaluations, assessments, studies or tests relating to Tahoe or any of its subsidiaries except for ongoing evaluations, assessments, studies or tests conducted by or on behalf of Tahoe or a subsidiary thereof in the ordinary course;
E. Tahoe and its subsidiaries are in compliance with the provisions of NI 43-101 and have filed all technical reports required thereby and all such reports comply with the requirements of NI 43-101 and r...
Mining and Environmental Matters. The Company hereby represents, warrants and covenants to and with the Agents, and acknowledges that the Agents are relying on same in entering into this Agreement, that:
(a) The Company and the Material Subsidiaries are, and at all material times have been, in material compliance with all applicable federal, provincial, state, municipal and local laws, statutes, ordinances, by-laws and regulations and orders, directives and decisions rendered by any ministry, department or administrative or regulatory agency, domestic or foreign (the “Mining and Environmental Laws”) relating to the protection of the environment, occupational health and safety, current or proposed mining, exploration or development activities, use, treatment, storage, disposal, discharge, transport or handling of any pollutants, contaminants, chemicals or industrial, toxic or hazardous wastes or substance (“Hazardous Substances”) and so far as the Company is aware, there are in relation to each of the Company and the Material Subsidiaries no past or present events, conditions, circumstances, activities, practices or incidents which materially interfere with or materially prevent compliance with or which give rise to any material liability under the Mining and Environmental Laws or otherwise form the basis of any claim, action, suit, proceedings, hearing or investigations relating to the environment or any breach of the Mining and Environmental Laws, nor has the Company been notified of any such liability or breach;
(b) other than as described in the Prospectus, the Company and the Material Subsidiaries have, collectively, obtained all material licenses, permits, approvals, consents, certificates, registrations and other authorizations under all applicable legislation including Mining and Environmental Laws (the “Permits”) necessary as at the date hereof for the operation of the businesses carried on or proposed to be commenced by the Company and the Material Subsidiaries as described in the Prospectus and each Permit is or will be at the time of such commencement valid, subsisting and in good standing and neither the Company nor any of the Material Subsidiaries is in material default or breach of any Permit and, to the best of the knowledge of the Company, no proceeding is pending or threatened to revoke or limit any Permit;
(c) neither the Company nor the Material Subsidiaries have used, except in material compliance with all Mining and Environmental Laws and Permits, any property or facil...
Mining and Environmental Matters. _Properties and Assets. Minera Canam is the legal and beneficial owner of and holds title to all of the mineral concessions comprising the Panuco Property, and all other properties or assets of the Company or the Subsidiaries as described in the Prospectus and the Public Record, and in all cases such properties and assets are free of all mortgages, liens, charges, pledges, security interests, encumbrances, claims or demands whatsoever, and no other property rights (including surface or access rights) are necessary for the conduct of the business of the Company and the Subsidiaries as currently conducted; neither the Company nor any Subsidiary knows of any claim or basis for any claim that might or could adversely affect the right of the Company or the Subsidiaries to use, transfer, access or otherwise exploit such property rights; and, except as disclosed in the Prospectus and the Public Record, neither the Company nor any Subsidiary has any responsibility or obligation to pay any commission, royalty, licence fee or similar payment to any person with respect to the property rights thereof. The title opinions of ALN Abogados Consultores, Mexican counsel to the Company, in satisfaction of the closing condition in Section 9(i) hereof will address all of the material concessions and claims in respect of the Panuco Property.
Mining and Environmental Matters. Except as expressly set forth on Schedule 4.17: (a) To Sellers’ Knowledge, each Seller is, and since March 31, 2016, has been, in compliance in all material respects with all Mining Laws and Environmental Laws in respect of all of the Purchased Assets except with respect to violations that have been abated or resolved. To Sellers’ Knowledge, the Purchased Assets are, and since March 31, 2016, have been, in compliance in all material respects with all Mining Laws and Environmental Laws except with respect to violations that have been abated or resolved. Sellers have obtained, and are in compliance in all material respects with, all Mining Permits required for the ownership, occupation, operation and use of each of the Purchased Assets in accordance with all Mining Laws and Environmental Laws, and all such Mining Permits are valid and in full force and effect.
Mining and Environmental Matters
Mining and Environmental Matters