Common use of Mining Claims Clause in Contracts

Mining Claims. The Purchaser 10-K describes all unpatented mining claims and mill sites of Purchaser or any of its Subsidiaries (the “Purchaser Mining Claims”). Except as disclosed in the Purchaser 10-K or in the Purchaser SEC Reports filed on or after the date of the Purchaser 10-K and applying customary standards in the United States mining industry and to the knowledge of Purchaser, with respect to the Purchaser Mining Claims, subject to the paramount title of the United States: (a) the unpatented mining claims were properly laid out and monumented; (b) all required location and validation work was properly performed; (c) location notices and certificates were properly recorded and filed with appropriate Governmental Entities; (d) all assessment work, location fees, mining claim rental fees, or mining claim maintenance fees required to hold the Purchaser Mining Claims and maintain them in good standing through the applicable assessment year have been performed or have been paid; (e) all affidavits of assessment work or of payment of maintenance fees or notices of intent to hold and other filings required to maintain the claims in good standing have been properly and timely recorded or filed with appropriate Governmental Entities; (f) neither Purchaser nor any of its Subsidiaries has received any notification of any unresolved violation or noncompliance with location and maintenance requirements for the Purchaser Mining Claims, and (g) neither Purchaser nor any of its Subsidiaries has knowledge of conflicting mining claims.

Mining Claims. The Purchaser 10-K describes all With respect to unpatented mining claims that are included within the Properties, whether owned outright or held under lease or other contractual arrangement, except as provided in Exhibit H and mill sites of Purchaser or any of its Subsidiaries (the “Purchaser Mining Claims”). Except as disclosed in the Purchaser 10-K or in the Purchaser SEC Reports filed on or after the date of the Purchaser 10-K and applying customary standards in the United States mining industry and to the knowledge of Purchaser, with respect to the Purchaser Mining Claims, subject to the paramount title of the United States: : (ai) the unpatented mining claims were properly laid out and monumented; (bii) all required location and validation work was properly performed; (ciii) location notices and certificates were properly recorded and filed with appropriate Governmental Entitiesgovernmental agencies; (div) all a assessment work, location fees, mining claim rental fees, work or mining claim maintenance fees required to hold the Purchaser Mining Claims and maintain them unpatented mining claims has been performed in good standing a manner consistent with that required of the owner of the claim through the applicable assessment year have been performed ending on or have been paidbefore September 1, 1998; (ev) all affidavits of assessment work or of payment of work, maintenance fees or notices of intent to hold fees, and other filings required to maintain the claims in good standing have been properly and timely recorded or filed with appropriate Governmental Entitiesgovernmental agencies; (fvi) neither Purchaser nor any the claims are free and clear of defects, liens and encumbrances arising by, through or under AMPI and (vii) AMPI has no knowledae of conflicting unpatented mining claims. Nothing in this Section 5.16, however, shall be deemed to be a representation or a warranty that each of the unpatented mining claims has a discovery of minerals within its respective boundaries. With respect to those unpatented mining claims that were not located by AMPI or an affiliate of AMPI, but are included within the properties, AMPI makes the foregoing representations and warranties (with the foregoing exceptions) to the best of its Subsidiaries has received any notification of any unresolved violation or noncompliance with location knowledge and maintenance requirements for the Purchaser Mining Claims, and (g) neither Purchaser nor any of its Subsidiaries has knowledge of conflicting mining claimsbelief.

Mining Claims. The Purchaser 10-K describes all With respect to unpatented mining claims that are included within the Properties, whether owned outright or held under lease or other contractual arrangement, except as provided in Exhibit H and mill sites of Purchaser or any of its Subsidiaries (the “Purchaser Mining Claims”). Except as disclosed in the Purchaser 10-K or in the Purchaser SEC Reports filed on or after the date of the Purchaser 10-K and applying customary standards in the United States mining industry and to the knowledge of Purchaser, with respect to the Purchaser Mining Claims, subject to the paramount title of the United States: : (ai) the unpatented mining claims were properly laid out and monumented; (bii) all required location and validation work was properly performed; (ciii) location notices and certificates were properly recorded and filed with appropriate Governmental Entitiesgovernmental agencies; (div) all assessment work, location fees, mining claim rental fees, work or mining claim maintenance fees required to hold the Purchaser Mining Claims and maintain them unpatented mining claims has been performed in good standing a manner consistent with that required of the owner of the claim through the applicable assessment year have been performed ending on or have been paidbefore September 1, 1998; (ev) all affidavits of assessment work or of payment of work, maintenance fees or notices of intent to hold fees, and other filings required to maintain the claims in good standing have been properly and timely recorded or filed with appropriate Governmental Entitiesgovernmental agencies; (fvi) neither Purchaser nor any the claims are free and clear of its Subsidiaries has received any notification of any unresolved violation defects, liens and encumbrances arising by, through or noncompliance with location and maintenance requirements for the Purchaser Mining Claims, under AMPI; and (gvii) neither Purchaser nor any of its Subsidiaries AMPI has no knowledge of conflicting unpatented mining claims. Nothing in this Section 5.16, however, shall be deemed to be a representation or a warranty that each of the unpatented mining claims has a discovery of minerals within its respective boundaries. With respect to those unpatented mining claims that were not located by AMPI or an affiliate of AMPI, but are included within the properties, AMPI makes the foregoing representations and warranties (with the foregoing exceptions) to the best of its knowledge and belief.