Common use of Mining Agreements Clause in Contracts

Mining Agreements. Any and all of the agreements and other documents and instruments pursuant to which the Company and its Subsidiaries hold the Company’s material mining properties as set out in Schedule 5 hereto (the “Material Properties”) are valid and subsisting agreements, documents or instruments in full force and effect, enforceable in accordance with the terms thereof, neither the Company nor any Subsidiary is in default of any of the material provisions of any such agreements, documents or instruments, nor to the knowledge of the Company has any such default been alleged and the Material Properties are not subject to any right of first refusal or similar purchase or acquisition rights.