ACKNOWLEDGEMENT BY THE PARTIES. Each party acknowledges that: (a) the Payer may engage in Trading Arrangements which may involve the delivery, or possible delivery, of any Products whether from the Mining Area or otherwise; and (b) the sale of any Product pursuant to any Trading Arrangements will be deemed not to be on Arm’s Length Terms for the purposes of determining Gross Revenue; and (c) apart from clause 5.1(b) above and except as otherwise provided in this deed, a Payer has no obligation to account to the Payees for, and the Payees have no interest or right to participate in, any profits or incur any losses of Trading Arrangements engaged in by a Payer.
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