Common use of Mining Assets Clause in Contracts

Mining Assets. 2.1. It is agreed and acknowledged by the Subcontractor, in its behalf and in behalf of its employees or independent contractors that pursuant to Part 2 of the Mining Services Agreement the Company has furnished, for the property and competent execution of the Services (set out in schedule A of the Mining Services Agreement) all of the equipment, machinery, rights and facilities described in the inventory of assets attached as schedule C to the Mining Services Agreement (the “Mining Assets”). 2.2. It is acknowledged and agreed by the Contractor, in its behalf and in behalf of its employees or independent contractors that the Mining Assets: (a) shall remain the property of the Company during and on termination of this Agreement; the Contractor is deemed as a lessee of such Mining Assets and the holder of the rights of use and enjoyment thereof, (b) shall be dedicated exclusively for the provision of the Services set out in schedule A of the Mining Services Agreement; the Contractor being responsible and liable to the Company for any use of the Mining Assets other that as provided in such Agreement. 2.3. The Contractor shall, during the Term of the Agreement and until such time as the Company accepts full delivery of the Mining Assets, be fully responsible and liable to the Company for the proper up keeping, maintenance and safeguarding of the Mining Assets; the Subcontractor shall directly or indirectly conduct in a timely and workmanlike manner, all repairs and period maintenance work as required to maintain the Mining Assets in optimal operating condition. 2.4. The Suncontractor agrees to indemnify and hold harmless the Contractor and the Company and their respective directors, officers, employees, agents, representatives and related corporations (the “Indemnified Persons”) from and against any claims, demands, judgments, liabilities, expenses, damages, fines, charges, costs (including legal costs) and losses of every and any kind whatsoever, whether direct or indirect and whether to person or property or otherwise, which at any time or from time to time are directly or indirectly incurred or suffered by any of the Indemnified Parties in connection with, as a result of or arising out of the operation, administration or maintenance of the Mining Assets by the personnel provided by the Subcontractor under this Agreement. 2.5. The Subcontractor agrees to maintain the Mining Assets free and clear of all charges, encumbrance or limitation of ownership rights of any kind whatsoever that may result or arise out of any claims, demands or judgments filed by or issued to the benefit of any employee or independent contractor provided by the Subcontractor hereunder.

Mining Assets. 2.1. It is agreed and acknowledged For the strict provision of the Services by the SubcontractorContractor and/or its Subcontractors, in its behalf and in behalf of its employees or independent contractors that pursuant to Part 2 of (the Mining Services Agreement “Related Persons”) as provided hereunder, the Company has furnished, for the property and competent execution of the Services (set out in schedule A of the Mining Services Agreement) shall furnish all of the equipment, machinery, rights and facilities described set out in the inventory of assets attached as schedule C to the Mining Services Agreement hereto and incorporated herein for reference (the “Mining Assets”). 2.2. It is acknowledged and agreed by the Contractor, in its behalf and in on behalf of its employees or independent contractors the Related Persons that the Mining Assets: (a) shall remain the property of the Company during and on termination of this Agreement; for purposes hereof, the Contractor is shall be deemed as a lessee of such Mining Assets and the holder of the rights of use and enjoyment thereofthereof as provided hereunder, (b) shall be dedicated exclusively for the provision of the Services set out in schedule A of the Mining Services AgreementServices; the Contractor being responsible and liable to the Company for any use of the Mining Assets other that as provided in such this Agreement. 2.3. The Contractor shall, during the Term of the Agreement and until such time as the Company accepts full delivery of the Mining Assets, be fully responsible and liable to the Company for the proper up keeping, maintenance and safeguarding of the Mining Assets; the Subcontractor Contractor shall directly or indirectly conduct in a timely and workmanlike manner, all repairs and period maintenance work as required to maintain the Mining Assets in optimal operating condition. The Contractor shall endeavour to provide competent, licensed and accredited personnel to operate the mining machinery and equipment comprised in the Mining Assets. 2.4. The Suncontractor Contractor agrees to indemnify and hold harmless the Contractor and the Company and their respective its directors, officers, employees, agents, representatives and related corporations (the “Indemnified Persons”) from and against any claims, demands, judgments, liabilities, expenses, damages, fines, charges, costs (including legal costs) and losses of every and any kind whatsoever, whether direct or indirect and whether to person or property (including the Services contemplated herein) or otherwise, which at any time or from time to time are directly or indirectly incurred or suffered by any of the Indemnified Parties in connection with, as a result of or arising out of the operation, administration or maintenance of the Mining Assets by the personnel provided by Contractor or any of the Subcontractor under this AgreementRelated Persons. 2.5. The Subcontractor Contractor agrees to maintain the Mining Assets free and clear of all charges, encumbrance or limitation of ownership rights of any kind whatsoever that may result or arise out of any claims, demands or judgments filed by or issued to the benefit of the Contractor, the Related Persons or any employee or independent contractor provided by the Subcontractor hereunderthird party.