Common use of Mining Claims Clause in Contracts

Mining Claims. With respect to unpatented mining claims that are included within the Properties, whether owned outright or held under lease or other contractual arrangement, except as provided in Exhibit H and subject to the paramount title of the United States: (i) the unpatented mining claims were properly laid out and monumented; (ii) all required location and validation work was properly performed; (iii) location notices and certificates were properly recorded and filed with appropriate governmental agencies; (iv) a assessment work or maintenance fees required to hold the unpatented mining claims has been performed in a manner consistent with that required of the owner of the claim through the assessment year ending on or before September 1, 1998; (v) all affidavits of assessment work, maintenance fees, and other filings to maintain the claims in good standing have been properly recorded or filed with appropriate governmental agencies; (vi) the claims are free and clear of defects, liens and encumbrances arising by, through or under AMPI and (vii) AMPI has no knowledae of conflicting unpatented mining claims. Nothing in this Section 5.16, however, shall be deemed to be a representation or a warranty that each of the unpatented mining claims has a discovery of minerals within its respective boundaries. With respect to those unpatented mining claims that were not located by AMPI or an affiliate of AMPI, but are included within the properties, AMPI makes the foregoing representations and warranties (with the foregoing exceptions) to the best of its knowledge and belief.

Mining Claims. With respect to The Purchaser 10-K describes all unpatented mining claims that are included within and mill sites of Purchaser or any of its Subsidiaries (the Properties“Purchaser Mining Claims”). Except as disclosed in the Purchaser 10-K or in the Purchaser SEC Reports filed on or after the date of the Purchaser 10-K and applying customary standards in the United States mining industry and to the knowledge of Purchaser, whether owned outright or held under lease or other contractual arrangementwith respect to the Purchaser Mining Claims, except as provided in Exhibit H and subject to the paramount title of the United States: : (ia) the unpatented mining claims were properly laid out and monumented; (iib) all required location and validation work was properly performed; (iiic) location notices and certificates were properly recorded and filed with appropriate governmental agenciesGovernmental Entities; (ivd) a all assessment work work, location fees, mining claim rental fees, or mining claim maintenance fees required to hold the unpatented mining claims has Purchaser Mining Claims and maintain them in good standing through the applicable assessment year have been performed in a manner consistent with that required of the owner of the claim through the assessment year ending on or before September 1, 1998have been paid; (ve) all affidavits of assessment work, work or of payment of maintenance fees, fees or notices of intent to hold and other filings required to maintain the claims in good standing have been properly and timely recorded or filed with appropriate governmental agenciesGovernmental Entities; (vif) neither Purchaser nor any of its Subsidiaries has received any notification of any unresolved violation or noncompliance with location and maintenance requirements for the claims are free and clear of defectsPurchaser Mining Claims, liens and encumbrances arising by, through or under AMPI and (viig) AMPI neither Purchaser nor any of its Subsidiaries has no knowledae knowledge of conflicting unpatented mining claims. Nothing in this Section 5.16, however, shall be deemed to be a representation or a warranty that each of the unpatented mining claims has a discovery of minerals within its respective boundaries. With respect to those unpatented mining claims that were not located by AMPI or an affiliate of AMPI, but are included within the properties, AMPI makes the foregoing representations and warranties (with the foregoing exceptions) to the best of its knowledge and belief.

Mining Claims. With respect to unpatented mining claims that are included within the Properties, whether owned outright or held under lease or other contractual arrangement, except as provided in Exhibit H and subject to the paramount title of the United States: (i) the unpatented mining claims were properly laid out and monumented; (ii) all required location and validation work was properly performed; (iii) location notices and certificates were properly recorded and filed with appropriate governmental agencies; (iv) a all assessment work or maintenance fees required to hold the unpatented mining claims has been performed in a manner consistent with that required of the owner of the claim through the assessment year ending on or before September 1, 1998; (v) all affidavits of assessment work, maintenance fees, and other filings to maintain the claims in good standing have been properly recorded or filed with appropriate governmental agencies; (vi) the claims are free and clear of defects, liens and encumbrances arising by, through or under AMPI AMPI; and (vii) AMPI has no knowledae knowledge of conflicting unpatented mining claims. Nothing in this Section 5.16, however, shall be deemed to be a representation or a warranty that each of the unpatented mining claims has a discovery of minerals within its respective boundaries. With respect to those unpatented mining claims that were not located by AMPI or an affiliate of AMPI, but are included within the properties, AMPI makes the foregoing representations and warranties (with the foregoing exceptions) to the best of its knowledge and belief.

Mining Claims. (a) With respect to unpatented mining claims Mining Claims located by GQ California that are included within the GQ Properties, whether owned outright or held under lease or other contractual arrangement, except as provided in Exhibit H and subject to the paramount title of the United States: , Mining Claims not located by GQ California, but conveyed to them by deed, to the best of GQ California’s Knowledge: (i) the unpatented mining claims Mining Claims were properly located, laid out and monumentedmonumented in all material respects in accordance with applicable Law; (ii) all required location and validation work was properly performedperformed in all material respects; (iii) location notices and certificates were properly recorded and filed with appropriate governmental agenciesagencies in all material respects; (iv) a all assessment work or maintenance fees required to hold the Mining Claims has been performed and all location fees, mining claim rental fees, mining claim maintenance payments and similar payments required by Law to locate and hold unpatented mining claims has (the “Governmental Fees”) have been performed paid or will be paid in a manner consistent with that required of the owner of the claim prudent mine management practices and to maintain such items in material compliance with all applicable Laws through the assessment year ending on or before September 1, 19982013; (v) all affidavits of assessment work, maintenance feesevidence of payment of Governmental Fees, and other filings required to maintain the claims Mining Claims in good standing have been properly and timely recorded or filed with appropriate governmental agenciesagencies in all material respects; (vi) the claims Mining Claims are free and clear of defectsLiens, liens other than Permitted Liens and encumbrances arising by, through or under AMPI immaterial defects in title; and (vii) AMPI Golden Queen has no knowledae Knowledge of conflicting unpatented mining claimsMining Claims. Nothing in this Section 5.162.22, however, shall be deemed to be a representation or a warranty that each any of the unpatented mining claims has Mining Claims contains a discovery of minerals within its respective boundaries. valuable mineral deposit. (b) With respect to those unpatented mining claims that were Mining Claims not located by AMPI or an affiliate of AMPI, GQ California but which are leased by GQ California and included within the propertiesGQ Properties, AMPI makes the foregoing representations and warranties (with the foregoing exceptions) subject to the best paramount title of its knowledge the United States: (i) all assessment work required to hold the Mining Claims has been performed in all material respects, and beliefall Governmental Fees have been paid or will be paid in a manner consistent with prudent mine management practices and to maintain such items in material compliance with all applicable Laws through the assessment year ending September 1, 2013; (ii) all affidavits of assessment work, evidence of payment of Governmental Fees, and other filings required to maintain the Mining Claims in good standing have been properly and timely recorded or filed with appropriate governmental agencies in all material respects; (iii) the Mining Claims are free and clear of Liens, other than Permitted Liens and immaterial defects in title; and (iv) Golden Queen has no Knowledge of conflicting Mining Claims. Nothing in this Section 2.22, however, shall be deemed to be a representation or a warranty that any of the Mining Claims contains a valuable discovery of minerals.