Common Contracts

AMENDED AND RESTATED UNDERWRITING AGREEMENT

Underwriting Agreement • August 19th, 2009 • Augusta Resource CORP • Gold and silver ores • British Columbia

• Contract Type
  Underwriting Agreement
• Filed
  August 19th, 2009
• Company
  Augusta Resource CORP
• Industry
  Gold and silver ores
• Jurisdiction
  British Columbia

This Underwriting Agreement amends and restates in its entirety that certain Underwriting Agreement dated July 28, 2009 by and among the parties hereto as of the date set forth above, and supersedes it in all respects.

UNDERWRITING AGREEMENT

Underwriting Agreement • July 28th, 2009 • Augusta Resource CORP • Gold and silver ores • British Columbia

• Contract Type
  Underwriting Agreement
• Filed
  July 28th, 2009
• Company
  Augusta Resource CORP
• Industry
  Gold and silver ores
• Jurisdiction
  British Columbia

Wellington West Capital Markets Inc. (“Wellington West”), Cormark Securities Inc., CIBC World Markets Inc., and TD Securities Inc (collectively the “Underwriters” and each individually an “Underwriter”) understand that Augusta Resource Corporation (“Augusta” or the “Company”) proposes to issue and sell to the Underwriters 12,380,000 common shares (the “Purchased Shares”), and at the election of the Underwriters, up to 1,857,000 additional common shares to cover over-allotments (the common shares in respect of which such option is exercised are called “Over-Allotment Shares”). The Purchased Shares and the Over-Allotment Shares are referred to collectively herein as the “Shares”.