Mining Term Operations Clause Samples

Mining Term Operations a. The Company shall use commercially reasonable efforts to produce Minerals during the Mining Term from the Measured Mineral Resource identified under Section 5.1(a) at the rates contemplated by the approved Feasibility Report. b. The Company may not undertake any activity referred to in Section 6.7(d), 6.7(e) or Section 11.6 of the Mining Law except to the extent expressly provided for in an approved Feasibility Report covered in the Company’s EIS and approved in the context of the Company’s EMP and, then only within a Production Area or an area in which the Company is otherwise entitled by Law and by agreement with any relevant Landowner to carry on such activities. The Company may not transfer to any Person timber removed from the land pursuant to Section 6.7(d)(4) or 11.6(a) without the consent of the [insert appropriate Government agency for regulation of the timber trade]. For the avoidance of doubt, the Company shall not deprive any Person of a constant and reasonable supply of usable water from a previously utilized traditional source without replacing it, nor shall the Company, without the Minister’s consent, interfere with any water rights enjoyed by any user under any agreement with the Government made prior to the date of execution of this Agreement. Use of water will be subject to charges as provided in applicable Law or in the absence of applicable law, as provided in Section 15.7.
Mining Term Operations a. The Concessionaire shall use commercially reasonable efforts to produce Iron Ore and Products during the Mining Term at the rates contemplated by the Modified Bid Materials and any Approved Feasibility Studies, as applicable. b. The Concessionaire may not undertake any activity referred to in Section 6.7(d), 6.7(e) or Section 11.6 of the Mining Law except to the extent expressly provided for in the Modified Bid Materials or any Approved Feasibility Study, as applicable, or covered in any EIA of the Concessionaire and approved in the context of any EMP of the Concessionaire and, then only within a Production Area or an area in which the Concessionaire is otherwise entitled by Law and by agreement with any relevant Landowner to carry on such activities. The Concessionaire may not transfer to any Person timber removed from the Land pursuant to Section 6.7(d)(4) or 11.6(a) of the Mining Law except in compliance with Law and with the express consent of the applicable Government authorities. For the avoidance of doubt, the Concessionaire shall not deprive any Person of a constant and reasonable supply of usable water from a previously utilized traditional source without replacing it, nor shall the Concessionaire, without the Minister’s consent, interfere with any water rights enjoyed by any user under any agreement with the Government made prior to the date of execution of this Agreement. c. Before entering upon and utilizing any Land, the Concessionaire shall make reasonable inquiries as to the existence of, and shall not use, Land of long standing socio-cultural or sentimental value except with the consent of the officials authorized by Law or by custom to administer or control the affairs of such Land and the approval of the Minister. d. All Mining, processing or treatment of Iron Ore by the Concessionaire shall be conducted in accordance with International Standards and applicable Law. The Concessionaire undertakes to use all reasonable efforts in accordance with such standards and Law to optimize the recovery of Iron Ore from each of the Non-Goma Mines, the Goma Mines, the Additional Concession Area Mines and the Contiguous Area Mines, provided it is economically and technically feasible to do so, and on request shall submit evidence to the Minister of compliance with this undertaking.