Common use of Preferential Right Clause in Contracts

Preferential Right. The Ejido hereby grants to the Company, and the Company acquires from the Ejido, the exclusive and preferential right of first refusal to acquire in first term, under equal terms and conditions of sale, the ownership rights in and to the Mining Occupation Land. 10.1. If the Ejido elects to sell or transfer, or has received a bona fide offer to purchase, the ownership of a portion or all of the surface area comprising the Mining Occupation Land, then it shall, within a term of ten calendar days following such election or receipt, as the case may be, deliver a notice in writing to the Company expressing the terms and conditions intended for sale or, as the case may be, the terms and conditions offered to purchase. 10.2. Upon receipt of the notice, the Company shall have a term of 60 calendar days to express its election to purchase, in the same terms and conditions set out in such notice, the rights intended for sale or offered to purchase, as the case may be. 10.3. If at the conclusion of the said term, the Company has not expressed its election to purchase the rights intended for sale or offered to purchase, then the Ejido shall be free to sell or transfer, in the same terms and conditions set out in the respective notice, the portion or all of the surface area of the Mining Occupation Land subject matter thereof.

Appears in 2 contracts

Sources: Temporary Occupation of Ejido Land Agreement (Kimber Resources Inc.), Temporary Occupation of Ejido Land Agreement (Kimber Resources Inc.)