Waste Material. All tailings, residues, waste rock, spoiled ▇▇▇▇▇ materials, and other waste materials (collectively, “Waste Materials”) resulting from the Return Entities’ operations and activities at and on the Property shall be the sole property of the Return Entities, but shall remain subject to the Return should the same be processed or reprocessed, as the case may be, in the future and result in the production of Minerals. Notwithstanding the foregoing, the Return Entities shall have the right to dispose of waste materials from the Property on or off of the Property and to commingle the same with waste materials from other properties (provided in any case that any sale of waste materials shall be subject to the Return). In the event waste materials from the Property are processed or reprocessed, as the case may be, the Return payable thereon shall be determined using the best engineering and technical practices then available.
Appears in 2 contracts