Development and Operations Clause Samples

Development and Operations. Subject to the approval of Lessor as to location, not to be unreasonably withheld, the right to construct or erect and to use, operate, and maintain on the Premises, together with ingress and egress thereupon, all ▇▇▇▇▇, pumps, pipes, pipe lines, buildings, plants, sumps, brine pits, reservoirs, tanks, waterworks, pumping stations, roads, electric power generating plants, transmission lines, industrial facilities, telephone lines, and such other works and structures and to use so much of the surface of the land that may be reasonably necessary or convenient for the exploration, development, production, utilization, transportation, and processing of Geothermal Resources or for the full enjoyment of the rights granted by this Lease, subject to applicable laws and regulations;

Development and Operations. ARTICLE 9

Development and Operations. 5.1 With respect to the development of the lands, the construction of Affordable Housing and the operation of the development: (a) B.I.R.C.H. will be responsible for the development of the lands, for the connection of the buildings to services and utilities, for the construction of the building(s), and for the landscaping of the Lease area in compliance with the provision of the Development Permit and/or Building Permit for the Affordable Housing Project. (b) The Municipality will provide access to services and utilities on ▇▇▇▇▇▇ Road by way of easements or other means in its subdivision; (c) B.I.R.C.H. will be responsible, either directly or through its sub-leases, for the interior and exterior maintenance of the building, and its equipment, furnishings and its landscaping. (d) B.I.R.C.H. will be responsible for the construction and maintenance of parking for the Affordable Housing and will endeavour to provide as much of the parking required by the Land Use Bylaw as possible on the lands. Should the lands be insufficient to provide all of the parking required, B.I.R.C.H. will make suitable arrangements with the Municipality to construct and maintain parking on other municipal property, and/or will apply for a variance from the provisions of the Land Use Bylaw. (e) B.I.R.C.H. will be responsible, either directly or through its sub-leases, for the payment of all utilities, operating costs and insurance of the buildings, and will provide proof of suitable insurance coverage to the Municipality. (f) B.I.R.C.H., either directly or through its sub-leases, will be responsible for the payment of property taxes for the Lands. 5.2 The Municipality will not be responsible for any shortfall in revenue B.I.R.C.

Development and Operations. 9 Performance Security 10 Right of Way 11 Existing Utilities 12 Construction of the Project 13 Monitoring of Construction 14 Completion Certificate 15 Entry into Commercial Service 16 Change of Scope 17 Operation and Maintenance 18 Safety Requirements 19 Monitoring of Operation and Maintenance 20 Mandatory Development Obligations 21 Basic Civil Amenities & Sanitation 22 Sub-Licensing & Service Provider Rights 24 Financial Close 25 Personnel - Staff & Labour 26 Payments to the Authority 27 Tariff or User Charges 28 Taxation & Confidentiality 29 Escrow Account 30 Insurance 31 Accounts & Audit 32 Force Majeure 33 Compensation for Breach of Agreement 34 Suspension of Concessionaire's Rights 35 Termination 36 Transfer of Project 37 Defects Liability after Termination 38 Assignment and Charges 39 Change in Law 40 Liability and Indemnity 41 Rights and Title over the Site 42 Dispute Resolution 43 Redressal of Public Grievances 44 Miscellaneous 45 Definitions A. Site of the Project B. Scope of Project and Specifications C. Maintenance Requirements D. Performance Security E. Project Completion Schedule F. Safety Requirements G. Vesting Certificate

Development and Operations. PERFORMANCE SECURITY

Development and Operations.  Performance Security  Right of Way  Utilities and Roads  Construction of the Port Terminal  Monitoring of construction  Completion Certificate  Entry into Commercial Services

Development and Operations. Seabridge shall use reasonable commercial efforts in good faith to: (a) operate the Project in accordance with Good Mining Practice and with all Approvals and Governmental Requirements; (b) ensure the timely Development and permitting of the Project; and (c) comply with all Material Agreements.

Development and Operations a. Grantor shall use commercially reasonable efforts to realize revenues from the Water Lease and the Mining Leases; provided however, Grantor shall have no obligation to develop, quarry, mine, remove, or sell any Applicable Minerals or water and, if such activities are begun, nothing herein shall require Grantor to continue to develop, quarry, mine, remove, or sell the same if, in Grantor’s reasonable discretion, it is not commercially reasonable to do so. Without limiting the foregoing, Grantee acknowledges and agrees that Grantor intends to modify the current mining plan filed by Grantor with the lessors under the Mining Leases and other applicable governmental entities with jurisdiction over the Subject Mining Area Property. Grantor agrees that it will not modify the mining plan in such a way as to eliminate the Royalty due hereunder. Notwithstanding anything to the contrary herein: (i) Grantor shall have no obligation to develop, produce, quarry, mine, remove, lease or sell any Applicable Minerals or the water and, if such activities are begin, nothing herein shall require Grantor to continue to develop, produce, quarry, mine, remove, lease or sell the same if it is not commercially reasonable to do so. (ii) Grantor shall conduct its operations on the Property in a good and workmanlike manner in accordance with standard operating practices applicable to the industry, and as to the Applicable Minerals in accordance with good mining practices. The term “good mining practices” as used herein shall mean those modern mining methods employed by a prudent mining operator using modern mining equipment and techniques in the conduct of diligent and aggressive mining operation(s) in an attempt to record the maximum amount of economically minable and merchantable minerals on the Property.

Development and Operations. For official use only For official use only