Common use of Operating Parameters Clause in Contracts

Operating Parameters. (a) The Indemnitor Parties shall conduct Mining Operations at the Mine, or cause Mining Operations at the Mine to be conducted, in accordance with Mining Industry Best Practices. (b) In addition to conducting Mining Operations in compliance with Mining Industry Best Practices, the Indemnitor Parties shall conduct Mining Operations, or cause Mining Operations to be conducted, at the Mine in compliance with the following (the “Operating Parameters”): (i) The Indemnitor Parties shall comply with Mining Industry Best Practices with regard to environmental health and safety (such as the use of certified or third party verified environmental management systems and adherence to the International Council on Mining and Metals guiding principles); (ii) The Indemnitor Parties shall comply with applicable Environmental Laws; (iii) The Indemnitor Parties shall exercise due care consistent with Mining Industry Best Practices in the handling, management, acquisition, disposal, generation, recycling, use and sale of Hazardous Materials; and (iv) The Indemnitor Parties shall comply with the restrictions set forth in the Declaration of Environmental Deed Restrictions, which Declaration of Environmental Deed Restrictions form an integral part of these Operating Parameters and Indemnity; provided that, notwithstanding the permissive provisions of the Declaration of Environmental Deed Restrictions, the Indemnitor Parties shall not conduct Mining Operations or conduct any excavation or subsurface construction, and shall not seek to conduct Mining Operations or to conduct any excavation or subsurface construction, within the Pit Impoundment (as described in the Declaration of Environmental Deed Restrictions) located on Govt. L▇▇ ▇, ▇▇▇▇. ▇▇▇ ▇, ▇▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇, A▇▇▇▇▇, ▇▇▇▇▇, D▇▇▇▇▇ ▇., J▇▇▇▇▇▇▇, Virginia, E▇▇▇ and C▇▇▇▇▇ ▇. ▇▇▇▇▇, M.S. 977, being located in the E/▇, ▇▇▇▇▇▇▇ ▇▇, ▇▇▇, ▇▇▇, ▇▇▇, as generally shown on Exhibit C to the Declaration of Environmental Deed Restrictions, without the Administrative Agent’s written consent, which may be withheld in its sole and absolute discretion..

Operating Parameters. (a) The Indemnitor Parties shall conduct Mining Operations at the Mine, or cause Mining Operations at the Mine to be conducted, in accordance with Mining Industry Best Practices. (b) In addition to conducting Mining Operations in compliance with Mining Industry Best Practices, the Indemnitor Parties shall conduct Mining Operations, or cause Mining Operations to be conducted, at the Mine in compliance with the following (the “"Operating Parameters”"): (i) The Indemnitor Parties shall comply with Mining Industry Best Practices with regard to environmental health and safety (such as the use of certified or third party verified environmental management systems and adherence to the International Council on Mining and Metals guiding principles); (ii) The Indemnitor Parties shall comply with applicable Environmental Laws; (iii) The Indemnitor Parties shall exercise due care consistent with Mining Industry Best Practices in the handling, management, acquisition, disposal, generation, recycling, use and sale of Hazardous Materials; and (iv) The Indemnitor Parties shall comply with the restrictions set forth in the Declaration of Environmental Deed Restrictions, which Declaration of Environmental Deed Restrictions form an integral part of these Operating Parameters and Indemnity; provided that, notwithstanding the permissive provisions of the Declaration of Environmental Deed Restrictions, the Indemnitor Parties shall not conduct Mining Operations or conduct any excavation or subsurface construction, and shall not seek to conduct Mining Operations or to conduct any excavation or subsurface construction, within the Pit Impoundment (as described in the Declaration of Environmental Deed Restrictions) located on Govt. L▇▇▇ ▇, ▇▇▇▇. ▇▇▇ ▇, ▇▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇, A▇▇▇▇▇▇, ▇▇▇▇▇, D▇▇▇▇▇▇ ▇., J▇▇▇▇▇▇▇▇, Virginia, E▇▇▇▇ and C▇▇▇▇▇▇ ▇. ▇▇▇▇▇, M.S. 977, being located in the E/▇/▇, ▇▇▇▇▇▇▇ ▇▇, ▇▇▇, ▇▇▇, ▇▇▇, as generally shown on Exhibit C to the Declaration of Environmental Deed Restrictions, without the Administrative Agent’s 's written consent, which may be withheld in its sole and absolute discretion..