Common use of Offtake Agreements Clause in Contracts

Offtake Agreements. (a) The Supplier and Parent Company shall cause all terms and conditions relating to silver, to the extent affecting Silver Wheaton’s rights, entitlements or benefits to Refined Silver (but excluding any terms or conditions setting out payable silver rates, pricing or Offtaker Charges), of any Offtake Agreements entered into by a Hudbay Group Entity to be on commercially reasonable arm’s length terms and conditions for concentrates or doré bars similar in make-up and quality to those derived from the Mining Properties; provided that this Section 7.9(a) shall not restrict or limit the ability of the Owner to deal with the Minerals (other than silver). An Offtake Agreement shall be deemed to be on commercially reasonable arm’s length terms and conditions if such agreement contains substantially economically equivalent terms and conditions relating to silver as the terms and conditions relating to Minerals other than Produced Silver. The Supplier shall provide a copy of any Offtake Agreement to Silver Wheaton upon request from time to time. (b) The Supplier and Parent Company shall take commercially reasonable steps to enforce, and shall cause each Hudbay Group Entity that is a party to an Offtake Agreement to enforce, any Hudbay Group Entity’s rights and remedies under such Offtake Agreement with respect to any breaches of the terms or conditions thereof relating to silver to the extent affecting Silver Wheaton’s rights, entitlements or benefits to Refined Silver (but excluding any terms or conditions relating to payable silver rates, pricing or Offtaker Charges). The Supplier shall notify Silver Wheaton in writing when any such dispute arising out of or in connection with any such Offtake Agreement is commenced and shall provide Silver Wheaton with timely updates of the status of any such dispute and the final decision and award of the court or arbitrator with respect to such dispute, as the case may be.

Offtake Agreements. (a) The Supplier and Parent Company shall cause all terms and conditions relating to silversilver and gold, to the extent affecting Silver Wheaton’s rights, entitlements or benefits to Refined Silver and Refined Gold (but excluding any terms or conditions setting out payable silver rates, payable gold rates, pricing or Offtaker Charges), of any Offtake Agreements entered into by a Hudbay Group Entity to be on commercially reasonable arm’s length terms and conditions for concentrates or doré bars similar in make-up and quality to those derived from the Mining Properties; provided that this Section 7.9(a) shall not restrict or limit the ability of the Owner to deal with the Minerals (other than silversilver and gold). An Offtake Agreement shall be deemed to be on commercially reasonable arm’s length terms and conditions if such agreement contains substantially economically equivalent terms and conditions relating to silver or gold as the terms and conditions relating to Minerals other than Produced SilverSilver and Produced Gold. The Supplier shall provide a copy of any Offtake Agreement to Silver Wheaton upon request from time to time. (b) The Supplier and Parent Company shall take commercially reasonable steps to enforce, and shall cause each Hudbay Group Entity that is a party to an Offtake Agreement to enforce, any Hudbay Group Entity’s rights and remedies under such Offtake Agreement with respect to any breaches of the terms or conditions thereof relating to silver or gold to the extent affecting Silver Wheaton’s rights, entitlements or benefits to Refined Silver or Refined Gold or both (but excluding any terms or conditions relating to payable silver rates, payable gold rates, pricing or Offtaker Charges). The Supplier shall notify Silver Wheaton in writing when any such dispute arising out of or in connection with any such Offtake Agreement is commenced and shall provide Silver Wheaton with timely updates of the status of any such dispute and the final decision and award of the court or arbitrator with respect to such dispute, as the case may be.

Offtake Agreements. (a) The Supplier and Parent Company shall cause all terms and conditions relating to silver, silver or gold to the extent affecting Silver Wheaton’s rights, entitlements entitlement or benefits to Refined Silver or Refined Gold (or both, but excluding any terms or conditions setting out payable silver rates and payable gold rates, pricing or Offtaker Charges), ) of any Offtake Agreements entered into by a Hudbay Group Entity to be on commercially reasonable arm’s length terms and conditions for concentrates or doré bars similar in make-up and quality to those derived from the Mining Properties; provided that this Section 7.9(a6.9(a) shall not restrict or limit the ability of the Owner Supplier to deal with the Minerals (other than silversilver and gold). An Offtake Agreement shall be deemed to be on commercially reasonable arm’s length terms and conditions if such agreement contains substantially economically equivalent terms and conditions relating to silver or gold as the terms and conditions relating to Minerals other than Produced SilverSilver and Produced Gold. The Supplier shall provide a copy of any Offtake Agreement to Silver Wheaton upon request from time to time. (b) The Supplier and Parent Company shall take commercially reasonable steps to enforce, and shall cause each Hudbay Group Entity that is a party to an Offtake Agreement to enforce, any Hudbay Group Entity’s enforce its rights and remedies under such Offtake Agreement with respect to any breaches of the terms or conditions thereof relating to silver or gold to the extent affecting Silver Wheaton’s rights, entitlements or benefits to Refined Silver or Refined Gold (or both, but excluding any terms or conditions relating to payable silver rates, payable gold rates, pricing or Offtaker Charges). The Supplier shall notify Silver Wheaton in writing when any such dispute arising out of or in connection with any such Offtake Agreement is commenced and shall provide Silver Wheaton with timely updates of the status of any such dispute and the final decision and award of the court or arbitrator with respect to such dispute, as the case may be.