Common use of Target Mining Properties Clause in Contracts

Target Mining Properties. (a) Until the fifth anniversary of the Effective Date, none of Spinco or its subsidiaries will, without Acquiror’s prior written consent, stake, lease or otherwise purchase or acquire or become entitled to acquire, directly or indirectly, alone or in concert with any other person, any interest whatsoever in any real property, land rights, surface rights, water rights or any mineral concessions, leases, claims or other form of mineral rights whatsoever, any part of which lies within the boundary of, or within five (5) miles of the perimeter of, any of the Target Mining Properties comprising the Long Canyon Property, the Sandman Property and the Northumberland Property, and if Spinco or any of its subsidiaries acquires any such interest, directly or indirectly, alone or in concert with any other person, in contravention of the foregoing, such Spinco party will notify Acquiror immediately and Spinco (or its subsidiary if applicable) will hold such interest in trust for Acquiror and promptly convey such interest to Acquiror at no cost. (b) Until the first anniversary of the Effective Date, none of Spinco or its subsidiaries will, without Acquiror’s prior written consent, stake, lease or otherwise purchase or acquire or become entitled to acquire, directly or indirectly, alone or in concert with any other person, any interest whatsoever in any real property, land rights, surface rights, water rights or any mineral concessions, leases, claims or other form of mineral rights whatsoever, any part of which lies within the boundary of, or within two (2) miles of the perimeter of, any of the Target Mining Properties (other than the Long Canyon Property, the Sandman Property or the Northumberland Property), and if Spinco or any of its subsidiaries acquires any such interest, directly or indirectly, alone or in concert with any other person, in contravention of the foregoing, such Spinco party will notify Acquiror immediately and Spinco (or its subsidiary if applicable) will hold such interest in trust for Acquiror and promptly convey such interest to Acquiror at no cost. (c) Spinco covenants and agrees that it shall, and shall cause its subsidiaries to, treat all exploration information, data, reports and studies including all geological, geophysical and geochemical information and data (including all drill, sample and assay results and all maps) and all technical reports, feasibility studies and other similar reports and studies concerning the Target Mining Properties in the same way Spinco treats its own confidential information and shall use all commercially reasonable efforts to keep all such information confidential and shall not make or keep copies of such information or disclose any such information to anyone other than Acquiror or Acquiror’s Representatives without Acquiror’s prior written consent unless in the opinion of outside legal counsel it is required to do so by Law, except that the foregoing shall not apply to information that: (i) at the time of its disclosure is generally available in the public domain; or (ii) enters the public domain and becomes generally available at any time after disclosure other than through a breach of the terms hereof by (A) Spinco, (B) any of its subsidiaries or (C) any of Spinco’s legal or financial advisors or consultants; or (iii) consists of general geological, geophysical, geochemical, metallurgical or operational concepts, models or principles. If the Effective Date occurs, this Section 8.3 shall survive the termination of this Agreement.

Target Mining Properties. (a) Until the fifth third anniversary of the Effective Date, none of Spinco or its subsidiaries will, without Acquiror’s 's prior written consent, stake, lease or otherwise purchase or acquire or become entitled to acquire, directly or indirectly, alone or in concert with any other person, any interest whatsoever in any real property, land rights, surface rights, water rights or any mineral concessions, leases, claims or other form of mineral rights whatsoever, any part of which lies within the boundary of, or within five (5) miles of the perimeter of, any of the Target Mining Properties comprising the Long Canyon Property, the Sandman Property and the Northumberland PropertyProperties, and if Spinco or any of its subsidiaries acquires any such interest, directly or indirectly, alone or in concert with any other person, in contravention of the foregoing, such Spinco party will notify Acquiror immediately and Spinco (or its subsidiary if applicable) will hold such interest in trust for Acquiror and promptly convey such interest to Acquiror at no cost. (b) Until the first anniversary of the Effective Date, none of Spinco or its subsidiaries will, without Acquiror’s prior written consent, stake, lease or otherwise purchase or acquire or become entitled to acquire, directly or indirectly, alone or in concert with any other person, any interest whatsoever in any real property, land rights, surface rights, water rights or any mineral concessions, leases, claims or other form of mineral rights whatsoever, any part of which lies within the boundary of, or within two (2) miles of the perimeter of, any of the Target Mining Properties (other than the Long Canyon Property, the Sandman Property or the Northumberland Property), and if Spinco or any of its subsidiaries acquires any such interest, directly or indirectly, alone or in concert with any other person, in contravention of the foregoing, such Spinco party will notify Acquiror immediately and Spinco (or its subsidiary if applicable) will hold such interest in trust for Acquiror and promptly convey such interest to Acquiror at no cost. (c) . Spinco covenants and agrees that it shall, and shall cause its subsidiaries to, treat all deliver to Acquiror and not keep any copies of any documents containing, other than documents containing immaterial references to, exploration information, data, reports and studies including all geological, geophysical and geochemical information and data (including all drill, sample and assay results and all maps) and all technical reports, feasibility studies and other similar reports and studies concerning the Target Mining Properties in the same way Spinco treats its own confidential information Properties, and shall to use all commercially reasonable efforts to keep all such information confidential and shall not make or keep copies of such information or to disclose any such information to anyone other than Acquiror or Acquiror’s Representatives 's representatives without Acquiror’s 's prior written consent unless in the opinion of outside legal counsel it is required to do so by Law, except that the foregoing shall not apply to information that: (i) at the time of its disclosure is generally available in the public domain; or (ii) enters the public domain and becomes generally available at any time after disclosure other than through a breach of the terms hereof by (A) Spinco, (B) any of its subsidiaries or (C) any of Spinco’s 's legal or financial advisors or consultants; or (iii) consists of general geological, geophysical, geochemical, metallurgical or operational concepts, models or principles. If the Effective Date occurs, this Section 8.3 shall survive the termination of this Agreement.

Target Mining Properties. (a) Until the fifth first anniversary of the Effective Date, none of Spinco or its subsidiaries will, without Acquiror’s 's prior written consent, stake, lease or otherwise purchase or acquire or become entitled to acquire, directly or indirectly, alone or in concert with any other person, any interest whatsoever in any real property, land rights, surface rights, water rights or any mineral concessions, leases, claims or other form of mineral rights whatsoever, any part of which lies within the boundary of, or within five (5) miles of the perimeter of, any of the Target Mining Properties comprising the Long Canyon Property, the Sandman Property and the Northumberland PropertyProperties, and if Spinco or any of its subsidiaries acquires any such interest, directly or indirectly, alone or in concert with any other person, in contravention of the foregoing, such Spinco party will notify Acquiror immediately and Spinco (or its subsidiary if applicable) will hold such interest in trust for Acquiror and promptly convey such interest to Acquiror at no cost. (b) Until the first anniversary of the Effective Date, none of Spinco or its subsidiaries will, without Acquiror’s prior written consent, stake, lease or otherwise purchase or acquire or become entitled to acquire, directly or indirectly, alone or in concert with any other person, any interest whatsoever in any real property, land rights, surface rights, water rights or any mineral concessions, leases, claims or other form of mineral rights whatsoever, any part of which lies within the boundary of, or within two (2) miles of the perimeter of, any of the Target Mining Properties (other than the Long Canyon Property, the Sandman Property or the Northumberland Property), and if Spinco or any of its subsidiaries acquires any such interest, directly or indirectly, alone or in concert with any other person, in contravention of the foregoing, such Spinco party will notify Acquiror immediately and Spinco (or its subsidiary if applicable) will hold such interest in trust for Acquiror and promptly convey such interest to Acquiror at no cost. (c) . Spinco covenants and agrees that it shall, and shall cause its subsidiaries to, treat all exploration information, data, reports and studies including all geological, geophysical and geochemical information and data (including all drill, sample and assay results and all maps) and all technical reports, feasibility studies and other similar reports and studies concerning the Target Mining Properties in the same way Spinco treats its own confidential information and shall use all commercially reasonable efforts to keep all such information confidential and shall not make or keep copies of such information or disclose any such information to anyone other than Acquiror or Acquiror’s Representatives 's representatives without Acquiror’s 's prior written consent unless in the opinion of outside legal counsel it is required to do so by Law, except that the foregoing shall not apply to information that: (i) at the time of its disclosure is generally available in the public domain; or (ii) enters the public domain and becomes generally available at any time after disclosure other than through a breach of the terms hereof by (A) Spinco, (B) any of its subsidiaries or (C) any of Spinco’s 's legal or financial advisors or consultants; or (iii) consists of general geological, geophysical, geochemical, metallurgical or operational concepts, models or principles. If the Effective Date occurs, this Section 8.3 shall survive the termination of this Agreement.