Common use of Mining Rights Clause in Contracts

Mining Rights. The Company or the Subsidiaries hold either freehold title, mining leases, mining concession, mining claims, surface rights or participating interests or other conventional property or proprietary interests or rights, as applicable (collectively, “Mining Rights”), recognized in Zimbabwe in respect of the ore bodies and minerals located in the area comprising the Mining Projects (as defined below) under valid, subsisting and enforceable title documents or other recognized and enforceable agreements or instruments, sufficient to permit the Company and the Subsidiaries to access each of the Mining Projects and explore the minerals relating thereto; all property, leases or claims in which the Company and the Subsidiaries has an interest or right have been validly located and recorded in accordance in all material respects with all applicable laws and are valid and subsisting except where the failure to be so would not reasonably be expected to have a Material Adverse Effect on the Company or the Subsidiaries; the Company and the Subsidiaries have all the necessary surface rights, access rights and other necessary rights and interests relating to the properties in the Mining Projects granting the Company and the Subsidiaries the right and ability to access and explore for minerals, ore and metals for development purposes as are appropriate in view of the rights and interests therein of the Company, with only such exceptions as do not interfere with the use made by the Company or the Subsidiaries of the rights or interest 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 is currently in good standing in the name of the Company or the Subsidiaries except where the failure to be so would not reasonably be expected to have a Material Adverse Effect on the Company and the Subsidiaries, as a whole. The Mining Rights in respect of the Mining Projects constitute all material Mining Rights in which the Company has a beneficial interest.

Appears in 2 contracts

Sources: Sales Agreement (Caledonia Mining Corp PLC), Sales Agreement (Caledonia Mining Corp PLC)

Mining Rights. The ▇▇▇▇▇ property and La Preciosa property, each as described in the Registration Statement or included or incorporated by reference in the Prospectuses (the “Material Properties”) are the only material resource properties in which the Company or the Material Subsidiaries have an interest; the Company or through the Material Subsidiaries, hold either freehold title, mining leases, mining concessionconcessions, mining claims, surface rights exploration permits, prospecting permits or participating participant interests or other conventional property or proprietary interests or rights, as applicable (collectively, “Mining Rights”), recognized in Zimbabwe the jurisdiction in which the Material Properties are located, in respect of the ore bodies and minerals located on the Material Properties in which the area comprising Company (through the Mining Projects (as defined belowapplicable Material Subsidiary) has an interest under valid, subsisting and enforceable title documents or other recognized and enforceable agreements agreements, contracts, arrangements or instrumentsunderstandings, sufficient to permit the Company (through the applicable Material Subsidiary) to explore for and the Subsidiaries to access each of the Mining Projects and explore exploit the minerals relating thereto; all property, leases or claims and permits relating to the Material Properties in which the Company and (through the Subsidiaries applicable Material Subsidiary) has an interest or right have been validly located and recorded in accordance in all material respects with all applicable laws and are valid and subsisting except where the failure to be so would not reasonably be expected to have a Material Adverse Effect on the Company or the Subsidiariessubsisting; the Company and (through the Subsidiaries have applicable Material Subsidiary) has all the necessary surface rights, access rights and other necessary rights and interests relating to the properties Material Properties in which the Mining Projects Company (through the applicable Material Subsidiary) has an interest granting the Company and (through the Subsidiaries applicable Material Subsidiary) the right and ability to access and explore for and exploit minerals, ore and metals for development and production purposes as are appropriate in view of the rights and interests interest therein of the CompanyCompany or the applicable Material Subsidiary, with only such exceptions as do not materially interfere with the current use made by the Company or the Subsidiaries applicable Material Subsidiary of the rights or interest so held; , and each of the proprietary interests or rights and each of the documentsagreements, agreements and instruments contracts, arrangements or understandings and obligations relating thereto referred to above is currently in good standing in all respects in the name of the Company or the applicable Material Subsidiary; except as disclosed in the Prospectuses, the Company and the Material Subsidiaries except where do not have any responsibility or obligation to pay any commission, royalty, license, fee or similar payment to any person with respect to the failure property rights thereof; (i) the Company or the applicable Material Subsidiary holds direct interests in the Material Properties, as described in the Registration Statement or included or incorporated by reference in the Prospectuses (the “Project Rights”), under valid, subsisting and enforceable agreements or instruments, to the knowledge of the Company and all such agreements and instruments in connection with the Project Rights are valid and subsisting and enforceable in accordance with their terms; (ii) the Company and the Material Subsidiaries have identified all the permits, certificates, and approvals (collectively, the “Permits”) which are or will be required for the exploration, development and eventual or actual operation of the Material Properties, which Permits include but are not limited to environmental assessment certificates, water licenses, land tenures, rezoning or zoning variances and other necessary local, provincial, state and federal approvals; and the appropriate Permits have either been received, applied for, or the processes to obtain such Permits have been or will in due course be initiated by the Company or the applicable Material Subsidiaries; and neither the Company nor the applicable Material Subsidiaries know of any issue or reason why the Permits should not be approved and obtained in the ordinary course; (iii) all assessments or other work required to be so performed in relation to the material mining claims and the mining rights of the Company and the applicable Material Subsidiary in order to maintain their respective interests therein, if any, have been performed to date and the Company and the applicable Material Subsidiary have complied with all applicable governmental laws, regulations and policies in this regard as well as with regard to legal and contractual obligations to third parties in this regard except in respect of mining claims and mining rights that the Company and the applicable Material Subsidiary intend to abandon or relinquish and except for any non-compliance which would not reasonably be expected to either individually or in the aggregate have a Material Adverse Effect Effect; all such mining claims and mining rights are in good standing in all respects as of the date of this Agreement; (iv) all mining operations on the properties of the Company and the SubsidiariesMaterial Subsidiaries (including, without limitation, the Material Properties) have been conducted in all respects in accordance with good mining and engineering practices and all applicable workers’ compensation and health and safety and workplace laws, regulations and policies have been duly complied with; (v) there are no environmental audits, evaluations, assessments, studies or tests relating to the Company or the Material Subsidiaries except for ongoing assessments conducted by or on behalf of the Company and the Material Subsidiaries in the ordinary course; (vi) the Company made available to the respective authors thereof prior to the issuance of all of the applicable technical reports relating to the Material Properties (the “Reports”), for the purpose of preparing the Reports, as applicable, all information requested, and no such information contained any material misrepresentation as at the relevant time the relevant information was made available; the Company does not have any knowledge of a whole. The Mining Rights change in any production, cost, price, reserves or other relevant information provided since the dates that such information was so provided which would have a Material Adverse Effect; (vii) the Reports accurately and completely set forth all material facts relating to the Material Properties; and since the date of preparation of the Reports, there has been no change that would disaffirm or materially change any aspect of the Reports; and (vi) the title reports with respect to the Material Properties listed on Exhibit 6(dd) attached hereto (the “Title and Corporate Opinions”), copies of which have been provided to the Agents, are to the knowledge of the Company, correct and complete in all respects with respect to all material operations on the Material Properties on the date hereof, except as in respect of the Mining Projects constitute all material Mining Rights in matters or concessions which the Company has a beneficial interestare not material.

Appears in 1 contract

Sources: Sales Agreement (Avino Silver & Gold Mines LTD)

Mining Rights. The ▇▇▇▇▇ mine, San ▇▇▇▇▇▇▇ mine and Bralorne Gold mine, each as described in the Registration Statement or included or incorporated by reference in the Prospectuses (collectively, the “Material Properties”) are the only material resource properties in which the Company or the Material Subsidiaries have an interest; the Company or through the Material Subsidiaries, hold either freehold title, mining leases, mining concessionconcessions, mining claims, surface rights exploration permits, prospecting permits or participating participant interests or other conventional property or proprietary interests or rights, as applicable (collectively, “Mining Rights”), recognized in Zimbabwe the jurisdiction in which the Material Properties are located, in respect of the ore bodies and minerals located on the Material Properties in which the area comprising Company (through the Mining Projects (as defined belowapplicable Material Subsidiary) has an interest under valid, subsisting and enforceable title documents or other recognized and enforceable agreements agreements, contracts, arrangements or instrumentsunderstandings, sufficient to permit the Company (through the applicable Material Subsidiary) to explore for and the Subsidiaries to access each of the Mining Projects and explore exploit the minerals relating thereto; all property, leases or claims and permits relating to the Material Properties in which the Company and (through the Subsidiaries applicable Material Subsidiary) has an interest or right have been validly located and recorded in accordance in all material respects with all applicable laws and are valid and subsisting except where the failure to be so would not reasonably be expected to have a Material Adverse Effect on the Company or the Subsidiariessubsisting; the Company and (through the Subsidiaries have applicable Material Subsidiary) has all the necessary surface rights, access rights and other necessary rights and interests relating to the properties Material Property in which the Mining Projects Company (through the applicable Material Subsidiary) has an interest granting the Company and (through the Subsidiaries applicable Material Subsidiary) the right and ability to access and explore for and exploit minerals, ore and metals for development and production purposes as are appropriate in view of the rights and interests interest therein of the CompanyCompany or the applicable Material Subsidiary, with only such exceptions as do not materially interfere with the current use made by the Company or the Subsidiaries applicable Material Subsidiary of the rights or interest so held; , and each of the proprietary interests or rights and each of the documentsagreements, agreements and instruments contracts, arrangements or understandings and obligations relating thereto referred to above is currently in good standing in all respects in the name of the Company or the applicable Material Subsidiary; except as disclosed in the Prospectuses, the Company and the Material Subsidiaries except where do not have any responsibility or obligation to pay any commission, royalty, license, fee or similar payment to any person with respect to the failure property rights thereof; (i) the Company or the applicable Material Subsidiary holds direct interests in the Material Properties, as described in the Registration Statement or included or incorporated by reference in the Prospectuses (the “Project Rights”), under valid, subsisting and enforceable agreements or instruments, to the knowledge of the Company and all such agreements and instruments in connection with the Project Rights are valid and subsisting and enforceable in accordance with their terms; (ii) the Company and the Material Subsidiaries have identified all the permits, certificates, and approvals (collectively, the “Permits”) which are or will be required for the exploration, development and eventual or actual operation of the Material Properties, which Permits include but are not limited to environmental assessment certificates, water licenses, land tenures, rezoning or zoning variances and other necessary local, provincial, state and federal approvals; and the appropriate Permits have either been received, applied for, or the processes to obtain such Permits have been or will in due course be initiated by the Company or the applicable Material Subsidiaries; and neither the Company nor the applicable Material Subsidiaries know of any issue or reason why the Permits should not be approved and obtained in the ordinary course; (iii) all assessments or other work required to be so performed in relation to the material mining claims and the mining rights of the Company and the applicable Material Subsidiary in order to maintain their respective interests therein, if any, have been performed to date and the Company and the applicable Material Subsidiary have complied with all applicable governmental laws, regulations and policies in this regard as well as with regard to legal and contractual obligations to third parties in this regard except in respect of mining claims and mining rights that the Company and the applicable Material Subsidiary intend to abandon or relinquish and except for any non-compliance which would not reasonably be expected to either individually or in the aggregate have a Material Adverse Effect Effect; all such mining claims and mining rights are in good standing in all respects as of the date of this Agreement; (iv) all mining operations on the properties of the Company and the SubsidiariesMaterial Subsidiaries (including, without limitation, the Material Properties) have been conducted in all respects in accordance with good mining and engineering practices and all applicable workers’ compensation and health and safety and workplace laws, regulations and policies have been duly complied with; (v) there are no environmental audits, evaluations, assessments, studies or tests relating to the Company or the Material Subsidiaries except for ongoing assessments conducted by or on behalf of the Company and the Material Subsidiaries in the ordinary course; (vi) the Company made available to the respective authors thereof prior to the issuance of all of the applicable technical reports filed by the Company on SEDAR relating to the Material Properties (the “Reports”), for the purpose of preparing the Reports, as applicable, all information requested, and no such information contained any material misrepresentation as at the relevant time the relevant information was made available; the Company does not have any knowledge of a whole. The Mining Rights change in respect any production, cost, price, reserves or other relevant information provided since the dates that such information was so provided which would have a Material Adverse Effect; and (vii) the Reports accurately and completely set forth all material facts relating to the Material Properties; and since the date of preparation of the Mining Projects constitute all material Mining Rights in which Reports, there has been no change that would disaffirm or materially change any aspect of the Company has a beneficial interestReports.

Appears in 1 contract

Sources: Sales Agreement (Avino Silver & Gold Mines LTD)

Mining Rights. The Company or the its Subsidiaries hold either freehold title, mining leases, mining concession, mining claims, surface valid and subsisting mineral rights or participating interests or other conventional property or proprietary interests or rights, as applicable (collectively, “Mining Rights”), recognized in Zimbabwe in respect of the ore bodies and minerals located in the area comprising the Mining Projects (as defined below) under valid, subsisting and enforceable title documents or other recognized and enforceable agreements or instruments, interest sufficient to permit the Company or its Subsidiaries, as applicable, and subject to the nature and scope of the Kabanga Nickel Project, to access, explore for, and/or mine and develop the mineral deposits relating thereto, and, other than as disclosed in the Registration Statement, the General Disclosure Package and the Subsidiaries Prospectus, no material commission, royalty, license fee or similar payment to access each of any person with respect to the Mining Projects and explore Rights is payable, except which would not reasonably be expected, individually or in the minerals relating thereto; all propertyaggregate, leases or claims to have a Material Adverse Effect. All material Mining Rights in which the Company and the or its Subsidiaries has hold an interest or right have been validly located registered and recorded in accordance in all material respects with all applicable laws of the jurisdiction where the Company or such Subsidiary operates and are valid and subsisting except where the failure to be so would not reasonably be expected to have a Material Adverse Effect on the Company or the Subsidiaries; the subsisting. The Company and the its Subsidiaries have or expect to obtain in the ordinary course all the necessary surface rights, access rights and other necessary rights and interests relating to the properties in the Mining Projects Rights granting the Company and the or its Subsidiaries the right and ability to access access, explore for, mine and explore for minerals, ore and metals for development purposes develop the mineral deposits as are appropriate in view of the rights and interests therein of the CompanyCompany or its Subsidiaries, with only such exceptions as do not unreasonably interfere with the use made by the Company or the its Subsidiaries of the rights or interest 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 is currently in good standing in the name of the Company or the Subsidiaries its Subsidiaries, as applicable, except where the failure to be so in good standing would not reasonably be expected expected, individually or in the aggregate, to have a Material Adverse Effect on the Company and the Subsidiaries, as a whole. The Mining Rights in respect of the Mining Projects constitute all material Mining Rights in which the Company has a beneficial interestEffect.

Appears in 1 contract

Sources: Underwriting Agreement (Lifezone Metals LTD)

Mining Rights. The Company or the Subsidiaries hold either freehold title, mining leases, mining concession, mining claims, surface rights or participating interests or other conventional property or proprietary interests or rights, as applicable (collectively, “Mining Rights”), recognized in Zimbabwe in respect of the ore bodies and minerals located in the area comprising any mining projects of the Company or the Subsidiaries (the “Mining Projects (as defined belowProjects”) under valid, subsisting and enforceable title documents or other recognized and enforceable agreements or instruments, sufficient to permit the Company and the Subsidiaries to access each of the Mining Projects and explore the minerals relating thereto; all property, leases or claims in which the Company and the Subsidiaries has an interest or right have been validly located and recorded in accordance in all material respects with all applicable laws and are valid and subsisting except where the failure to be so would not reasonably be expected to have a Material Adverse Effect on the Company or the Subsidiaries; the Company and the Subsidiaries have all the necessary surface rights, access rights and other necessary rights and interests relating to the properties in the Mining Projects granting the Company and the Subsidiaries the right and ability to access and explore for minerals, ore and metals for development purposes as are appropriate in view of the rights and interests therein of the Company, with only such exceptions as do not interfere with the use made by the Company or the Subsidiaries of the rights or interest 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 is currently in good standing in the name of the Company or the Subsidiaries except where the failure to be so would not reasonably be expected to have a Material Adverse Effect on the Company and the Subsidiaries, as a whole. The Mining Rights in respect of the Mining Projects constitute all material Mining Rights in which the Company has a beneficial interest. As of the date hereof, Company’s interest in (i) the lithium properties encompassing 78 discrete claims totaling over 43,000 acres (17,500 hectares), consisting of: (1) the Zoro Property; (2) the ▇▇▇▇ ▇▇▇▇ Property; (3) the Grass River Property; and (4) the Peg North Property in Manitoba, Canada, and (ii) 10 prospective properties spanning over 330,000 acres in the Athabasca Basin in Saskatchewan, Canada (the “Uranium Properties”) are the only Mining Projects that are material to the Company (the “Material Mining Properties”).

Appears in 1 contract

Sources: Equity Distribution Agreement (Foremost Clean Energy Ltd.)

Mining Rights. The ▇▇▇▇▇ Property and La Preciosa Property, each as defined and described in the Registration Statement or included or incorporated by reference in the Prospectuses (the “Material Properties”) are the only material resource properties in which the Company or the Material Subsidiaries have an interest; the Company or through the Material Subsidiaries, hold either freehold title, mining leases, mining concessionconcessions, mining claims, surface rights exploration permits, prospecting permits or participating participant interests or other conventional property or proprietary interests or rights, as applicable (collectively, “Mining Rights”), recognized in Zimbabwe the jurisdiction in which the Material Properties are located, in respect of the ore bodies and minerals located on the Material Properties in which the area comprising Company (through the Mining Projects (as defined belowapplicable Material Subsidiary) has an interest under valid, subsisting and enforceable title documents or other recognized and enforceable agreements agreements, contracts, arrangements or instrumentsunderstandings, sufficient to permit the Company (through the applicable Material Subsidiary) to explore for and the Subsidiaries to access each of the Mining Projects and explore exploit the minerals relating thereto; all property, leases or claims and permits relating to the Material Properties in which the Company and (through the Subsidiaries applicable Material Subsidiary) has an interest or right have been validly located and recorded in accordance in all material respects with all applicable laws and are valid and subsisting except where the failure to be so would not reasonably be expected to have a Material Adverse Effect on the Company or the Subsidiariessubsisting; the Company and (through the Subsidiaries have applicable Material Subsidiary) has all the necessary surface rights, access rights and other necessary rights and interests relating to the properties Material Properties in which the Mining Projects Company (through the applicable Material Subsidiary) has an interest granting the Company and (through the Subsidiaries applicable Material Subsidiary) the right and ability to access and explore for and exploit minerals, ore and metals for development and production purposes as are appropriate in view of the rights and interests interest therein of the CompanyCompany or the applicable Material Subsidiary, with only such exceptions as do not materially interfere with the current use made by the Company or the Subsidiaries applicable Material Subsidiary of the rights or interest so held; , and each of the proprietary interests or rights and each of the documentsagreements, agreements and instruments contracts, arrangements or understandings and obligations relating thereto referred to above is currently in good standing in all respects in the name of the Company or the applicable Material Subsidiary; except as disclosed in the Prospectuses, the Company and the Material Subsidiaries except where do not have any responsibility or obligation to pay any commission, royalty, license, fee or similar payment to any person with respect to the failure property rights thereof; (i) the Company or the applicable Material Subsidiary holds direct interests in the Material Properties, as described in the Registration Statement or included or incorporated by reference in the Prospectuses (the “Project Rights”), under valid, subsisting and enforceable agreements or instruments, to the knowledge of the Company and all such agreements and instruments in connection with the Project Rights are valid and subsisting and enforceable in accordance with their terms; (ii) the Company and the Material Subsidiaries have identified all the permits, certificates, and approvals (collectively, the “Permits”) which are or will be required for the exploration, development and eventual or actual operation of the Material Properties, which Permits include but are not limited to environmental assessment certificates, water licenses, land tenures, rezoning or zoning variances and other necessary local, provincial, state and federal approvals; and the appropriate Permits have either been received, applied for, or the processes to obtain such Permits have been or will in due course be initiated by the Company or the applicable Material Subsidiaries; and neither the Company nor the applicable Material Subsidiaries know of any issue or reason why the Permits should not be approved and obtained in the ordinary course; (iii) all assessments or other work required to be so performed in relation to the material mining claims and the mining rights of the Company and the applicable Material Subsidiary in order to maintain their respective interests therein, if any, have been performed to date and the Company and the applicable Material Subsidiary have complied with all applicable governmental laws, regulations and policies in this regard as well as with regard to legal and contractual obligations to third parties in this regard except in respect of mining claims and mining rights that the Company and the applicable Material Subsidiary intend to abandon or relinquish and except for any non-compliance which would not reasonably be expected to either individually or in the aggregate have a Material Adverse Effect Effect; all such mining claims and mining rights are in good standing in all respects as of the date of this Agreement; (iv) all mining operations on the properties of the Company and the SubsidiariesMaterial Subsidiaries (including, without limitation, the Material Properties) have been conducted in all respects in accordance with good mining and engineering practices and all applicable workers’ compensation and health and safety and workplace laws, regulations and policies have been duly complied with; (v) there are no environmental audits, evaluations, assessments, studies or tests relating to the Company or the Material Subsidiaries except for ongoing assessments conducted by or on behalf of the Company and the Material Subsidiaries in the ordinary course; (vi) the Company made available to the respective authors thereof prior to the issuance of all of the applicable technical reports relating to the Material Properties (the “Reports”), for the purpose of preparing the Reports, as applicable, all information requested, and no such information contained any material misrepresentation as at the relevant time the relevant information was made available; the Company does not have any knowledge of a whole. The Mining Rights change in respect any production, cost, price, reserves or other relevant information provided since the dates that such information was so provided which would have a Material Adverse Effect; (vii) the Reports accurately and completely set forth all material facts relating to the Material Properties; and since the date of preparation of the Mining Projects constitute all material Mining Rights in which Reports, there has been no change that would disaffirm or materially change any aspect of the Company has a beneficial interest.Reports; and

Appears in 1 contract

Sources: Sales Agreement (Avino Silver & Gold Mines LTD)

Mining Rights. The Company or the Subsidiaries hold either freehold title, mining leases, mining concession, mining claims, surface rights or participating interests or other conventional property or proprietary interests or rights, as applicable (collectively, “Mining Rights”), recognized in Zimbabwe in respect of the ore bodies and minerals located in the area comprising the Mining Projects (as defined below) Project under valid, subsisting and enforceable title documents or other recognized and enforceable agreements or instruments, sufficient to permit the Company and the Subsidiaries to access each of the Mining Projects Project and explore the minerals relating thereto; all property, leases or claims in which the Company and the Subsidiaries has an interest or right have been validly located and recorded in accordance in all material respects with all applicable laws and are valid and subsisting except where the failure to be so would not reasonably be expected to have a Material Adverse Effect on the Company or the Subsidiaries; the Company and the Subsidiaries have all the necessary surface rights, access rights and other necessary rights and interests relating to the properties in the Mining Projects Project granting the Company and the Subsidiaries the right and ability to access and explore for minerals, ore and metals for development purposes as are appropriate in view of the rights and interests therein of the Company, with only such exceptions as do not interfere with the use made by the Company or the Subsidiaries of the rights or interest 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 is currently in good standing in the name of the Company or the Subsidiaries except where the failure to be so would not reasonably be expected to have a Material Adverse Effect on the Company and the Subsidiaries, as a whole. The Mining Rights in respect of the Mining Projects Project constitute all material Mining Rights in which the Company has a beneficial interest.

Appears in 1 contract

Sources: Sales Agreement (Caledonia Mining Corp PLC)