Common use of Mining Operations Clause in Contracts

Mining Operations. Except as set forth on Schedule 4.41, during the period of the Companies’ ownership of the mining properties, and, to the best of their knowledge, during the period of prior ownership of the mining properties (i) none of the Companies nor any of their respective Affiliates has incurred any liability, nor does a state of facts exist which could give rise to a liability for damages, fines or levies as a result of any subsidence, water, air or other environmental contamination, conduct of mining development and operations, or similar occurrences, which individually or in the aggregate, would constitute a Material Adverse Effect; (ii) the mining operations conducted on the mining properties have been conducted in accordance with good miner/mining practices, and in compliance with all applicable laws, regulations, ordinances, decrees and directives affecting the property or the Business.