Common use of Reacquisition Clause in Contracts

Reacquisition. If any Property is abandoned or surrendered under the provisions of this Article XIV, then, unless this Agreement is earlier terminated, no Participant nor any Affiliate thereof shall acquire any interest in such Property or a right to acquire such Property for a period of five years following the date of such abandonment or surrender. If a Participant reacquires any Property in violation of this Section 14.2, the other Participants may elect by notice to the reacquiring Participant within 45 days after they have actual notice of such reacquisition, to have such properties made subject to the terms of this Agreement. In the event such an election is made, the reacquired properties shall thereafter be treated as Property, and the costs of reacquisition shall be borne solely by the reacquiring Participant and shall not be included for purposes of calculating the Participants' respective Participating Interests.

Appears in 2 contracts

Samples: Joint Venture Agreement (Stirrup Creek Gold LTD), Joint Venture Agreement (Stirrup Creek Gold LTD)

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Reacquisition. If any portions of the Property is abandoned or surrendered under the provisions of this Article XIV, then, unless this Agreement is earlier terminated, no neither Participant nor any Affiliate thereof shall acquire any interest in such Property or a right to acquire such Property for a period of five two years following the date of such abandonment or surrender. If a Participant reacquires any Property in violation of this Section 14.2, the other Participants Participant may elect by notice to the reacquiring Participant within 45 days after they have it has actual notice of such reacquisition, reacquisition to have such properties Property made subject to the terms of this Agreement. In the event such an election is made, the reacquired properties Property shall thereafter be treated as Property, and the costs of reacquisition shall be borne solely by the reacquiring Participant and shall not be included for purposes of calculating the Participants' respective Participating Interests.

Appears in 1 contract

Samples: Mining Venture Agreement (Novagold Resources Inc)

Reacquisition. If any Property is Properties are abandoned or surrendered under the provisions of this Article XIV, then, unless this Agreement is earlier terminated, no neither Participant nor any Affiliate thereof shall acquire any interest in such Property Properties or a right to acquire such Property Properties for a period of five 2 years following the date of such abandonment or surrender. If a Participant reacquires any Property Properties in violation of this Section 14.2, the other Participants Participant may elect by notice to the reacquiring Participant within 45 days after they have it has actual notice of such reacquisition, to have such properties made subject to the terms of this Agreement. In the event such an election is made, the reacquired properties shall thereafter be treated as PropertyProperties, and the costs of reacquisition shall be borne solely by the reacquiring Participant and shall not be included for purposes of calculating the Participants' respective Participating Interests.

Appears in 1 contract

Samples: Operating Agreement (Hecla Mining Co/De/)

Reacquisition. If any Property is Properties are abandoned or surrendered under ------------- the provisions of this Article XIV, then, unless this Agreement is earlier terminated, no neither Participant nor any Affiliate thereof shall acquire any interest in such Property Properties or a right to acquire such Property Properties for a period of five years one year following the date of such abandonment or surrender. If a Participant reacquires any Property Properties in violation of this Section 14.2, the other Participants Participant may elect by notice to the reacquiring Participant within 45 days after they have it has actual notice of such reacquisition, to have such properties made subject to the terms of this Agreement. In the event such an election is made, the reacquired properties shall thereafter be treated as PropertyProperties, and the costs of reacquisition shall be borne solely by the reacquiring Participant and shall not be included for purposes of calculating the Participants' respective Participating Interests.. ARTICLE XV ---------- TRANSFER OF INTEREST --------------------

Appears in 1 contract

Samples: Mining Venture Agreement (Western Goldfields Inc)

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Reacquisition. If any Property is abandoned or Properties are surrendered under the provisions of this Article XIV13, then, unless this Agreement is earlier terminated, no neither Participant nor any Affiliate thereof shall acquire any interest in such Property Properties or a right to acquire such Property Properties for a period of five two years following the date of such abandonment or surrender. If a Participant reacquires any Property Properties in violation of this Section 14.213.2, the other Participants Participant may elect by notice to the reacquiring Participant within 45 forty-five (45) days after they have it has actual notice of such reacquisition, to have such properties Properties made subject to the terms of this Agreement. In the event such an election is made, the reacquired properties shall thereafter be treated as PropertyProperties, and the costs of reacquisition shall be borne solely pro rata by the reacquiring Participant Participants and shall not be included for purposes of calculating the Participants' respective Participating Interests.

Appears in 1 contract

Samples: Lease Agreement (Idaho Consolidated Metals Corp)

Reacquisition. If any Property is are abandoned or surrendered under the provisions of this Article XIV, then, unless this Agreement is earlier terminated, no neither Participant nor any Affiliate thereof shall acquire any interest in such Property or a right to acquire such Property for a period of five years following the date of such abandonment or surrender. If a Participant reacquires any Property in violation of this Section 14.2, the other Participants Participant may elect by notice to the reacquiring Participant within 45 days after they have it has actual notice of such reacquisition, to have such properties made subject to the terms of this Agreement. In the event such an election is made, the reacquired properties shall thereafter be treated as Property, and the costs of reacquisition shall be borne solely by the reacquiring Participant and shall not be included for purposes of calculating the Participants' respective Participating Interests.

Appears in 1 contract

Samples: Joint Venture Agreement (Stirrup Creek Gold LTD)

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