Common use of OBLIGATIONS OF THE OPERATOR Clause in Contracts

OBLIGATIONS OF THE OPERATOR. 9.1 During the term of this Agreement the Operator shall: (a) maintain in good standing, those prospecting permits comprising the Property by the doing and filing of assessment work or the making of payments in lieu thereof and the performance of all other actions which may be necessary in that regard and in order to keep such permits free and clear of all liens and other charges arising from the Operator’s activities thereon except those at the time contested in good faith by the Operator; (b) indemnify the non-operating party or parties against and save such party or parties harmless from all costs, claims, liabilities and expenses that the non-operators may incur or suffer as a result of any injury (including injury causing death) to any director, officer, employee, agent or designated consultant of the parties hereto arising out of or attributable to the gross negligence or wilful misconduct of the Operator while such director, officer, employee or designated consultant is on the Property; (c) permit the parties hereto, at their own expense, reasonable access to the results of the work done on the Property during each completed calendar year; (d) keep the Property free and clear of all liens, charges and encumbrances of every character arising from its operation hereunder (except for liens for taxes not then due, other inchoate liens and liens contested in good faith by the Operator), and proceed with all reasonable diligence to contest or discharge any lien that is filed; (e) pay, when due and payable, all wages or salaries for services rendered in connection with the Property and all accounts for materials supplied on or in respect of any work or operation performed on the Property; (f) keep in force at least the following minimum insurance coverage, naming BHPB and CRL as additional insured parties, until all Operations have been completed: (i) statutory workers’ compensations insurance for all of the Operator’s personnel required under the applicable worker’s compensation law; (ii) employer’s liability insurance with a limit on liability of not less than $5,000,000 for each accident; (i) comprehensive commercial general liability insurance with a limit on liability of not less than $5,000,000, combined single limit, per occurrence, for bodily injury and property damage, arising out of Operations performed under this Agreement by the Operator; and; (ii) comprehensive automobile liability insurance covering all vehicles, hired, owned and non-owned, with a limit on liability of not less than $5,000,000 combined single limit per occurrence for bodily injury and property damage; (a) do or cause to be done all work on the Property in a good and workmanlike fashion and in accordance with all applicable laws, regulations, orders and ordinances of any applicable governmental authority; and (b) indemnify and hold the parties hereto harmless in respect of any and all costs, claims, liabilities and expenses arising out of or attributable to the gross negligence or wilful misconduct of the Operator in respect of the Operator’s activities on the Property.

OBLIGATIONS OF THE OPERATOR. 9.1 7.1 During the term of this Agreement the Operator shall, with regard to any and all Project Areas: (a) maintain in good standingstanding those mineral claims, those prospecting permits comprising the Property concessions or interests comprised in a Project Area by the doing and filing of assessment work or the making of payments in lieu thereof and the performance of all other actions which may be necessary in that regard and in order to keep such permits mineral claims, concessions or interests free and clear of all liens and other charges arising from the Operator’s activities thereon except those at the time contested in good faith by the Operator; (b) to indemnify the non-operating party or parties against and to save such party or parties harmless from all costs, claims, liabilities and expenses that the non-operators operator may incur or suffer as a result of any injury (including injury causing death) to any director, officer, employee, agent or designated consultant of the parties hereto arising out of or attributable to the gross negligence or wilful misconduct of the Operator while such director, officer, employee or designated consultant is on the Propertyany Project Area; (c) permit the parties hereto, at their own expense, reasonable access to the results of the work done on the Property Project Area during each completed calendar year; (d) keep the Property any and all Project Areas free and clear of all liens, charges and encumbrances of every character arising from its operation hereunder (except for liens for taxes not then due, other inchoate liens and liens contested in good faith by the Operator), and proceed with all reasonable diligence to contest or discharge any lien that is filed;. (e) pay, when due and payable, all wages or salaries for services rendered in connection with the Property any and all Project Areas and all accounts for materials supplied on or in respect of any work or operation performed on the Propertysuch property; (f) keep obtain and maintain, and cause any contractor or subcontractor to obtain and maintain, for the benefit of AML and BBWEI as a named insured party adequate insurance having terms and coverage customary in force at least the following minimum insurance coverage, naming BHPB and CRL as additional insured parties, until all Operations have been completed: (i) statutory workers’ compensations insurance for all of the Operator’s personnel required under the applicable worker’s compensation lawindustry; (ii) employer’s liability insurance with a limit on liability of not less than $5,000,000 for each accident; (i) comprehensive commercial general liability insurance with a limit on liability of not less than $5,000,000, combined single limit, per occurrence, for bodily injury and property damage, arising out of Operations performed under this Agreement by the Operator; and; (ii) comprehensive automobile liability insurance covering all vehicles, hired, owned and non-owned, with a limit on liability of not less than $5,000,000 combined single limit per occurrence for bodily injury and property damage; (ag) do or cause to be done all work on the Property any and all Project Areas in a good and workmanlike fashion and in accordance with all applicable laws, regulations, orders and ordinances of any applicable governmental authority; and (bh) indemnify and hold the parties hereto harmless in respect of any and all costs, claims, liabilities and expenses arising out of or attributable to the gross negligence or wilful misconduct of the Operator in with respect of to the Operator’s activities on the Propertyany and all Project Areas.

OBLIGATIONS OF THE OPERATOR. 9.1 During the term of this Agreement the Operator shall: (a) maintain carry out all Exploration Work on the Exploration Areas in good standing, those prospecting permits comprising accordance with the Property by terms and conditions of the doing and filing of assessment work or the making of payments in lieu thereof and the performance of all other actions which may be necessary in that regard and in order to keep such permits free and clear of all liens and other charges arising from the Operator’s activities thereon except those at the time contested in good faith by the OperatorExploration Agreements; (b) indemnify the non-operating party or parties against and save such party or parties harmless from all costs, claims, liabilities and expenses that the non-operators may incur or suffer as a result of any injury (including injury causing death) to any director, officer, employee, agent or designated consultant of the parties hereto arising out of or attributable to the gross negligence or wilful misconduct of the Operator while such director, officer, employee or designated consultant is on the Propertyan Exploration Area; (c) subject to a Surface Right, permit the parties hereto, at their own expense, reasonable access to the results of the work done on the Property an Exploration Area during each completed calendar year; (d) keep the Property all Exploration Areas free and clear of all liens, charges and encumbrances of every character arising from its operation hereunder (except for liens for taxes not then due, other inchoate liens and liens contested in good faith by the Operator), and proceed with all reasonable diligence to contest or discharge any lien that is filed; (e) pay, when due and payable, all wages or salaries for services rendered in connection with the Property all Exploration Work and all accounts for materials supplied on or in respect of any work or operation performed on the Propertyan Exploration Area; (f) prior to commencing any Exploration Work, the Operator shall be qualified under the applicable worker’s compensation law and shall provide and keep in force at least the following minimum insurance coverage, naming BHPB and CRL NTI as additional insured parties, until all Operations have Exploration Work has been completed: (i) statutory workers’ compensations insurance for all of the Operator’s personnel required under the applicable worker’s compensation law; (ii) employer’s liability insurance with a limit on liability of not less than $5,000,000 for each accident; (i) comprehensive commercial general liability insurance with a limit on liability of not less than $5,000,000, combined single limit, per occurrence, for bodily injury and property damage, arising out of Operations Exploration Work performed under this Agreement by the Operator; and; (ii) comprehensive automobile liability insurance covering all vehicles, hired, owned and non-owned, with a limit on liability of not less than $5,000,000 combined single limit per occurrence for bodily injury and property damage; (a) do or cause to be done all work on the Property an Exploration Area in a good and workmanlike fashion and in accordance with all applicable laws, regulations, orders and ordinances of any applicable governmental authority; and (b) indemnify and hold the parties hereto harmless in respect of any and all costs, claims, liabilities and expenses arising out of or attributable to the gross negligence or wilful misconduct of the Operator in respect of the Operator’s activities on an Exploration Area. 9.2 The forms of the Propertypolicies of all insurance, the companies issuing the same, and all other matters with respect to the adequacy of insurance coverage as required under Section 9.1 (f) hereof, shall be subject to prior approval by BHPB. Certificates evidencing such insurance and naming BHPB and NTI as additional insured shall be delivered to BHPB prior to commencement of any Exploration Work. Each such certificate shall include a provision that BHPB and NTI shall be given not less than thirty (30) days prior written notice by registered mail of any cancellation or reduction of coverage. 9.3 CRL acknowledges that is has reviewed the BHP Billiton HSEC Policy and hereby agrees that as Operator it shall make reasonable commercial efforts to carry out all Exploration Work in accordance with the BHP Billiton HSEC Policy. Failure to do so, if such failure is due to negligence or wilful misconduct on the part of CRL, will be considered a material breach of this Agreement (a “Material Breach”). In the event of a Material Breach, BHPB shall have the right but not the obligation to become Operator or replace CRL as Operator with a third party Operator and continue Exploration Work on an Exploration Area pursuant to an existing budget and program or propose a new budget and program pursuant to Section 8.3.

OBLIGATIONS OF THE OPERATOR. 9.1 8.1 During the term of this Agreement Agreement, the Operator shall, in regard to the Properties: (a) maintain in good standingstanding those licenses, those prospecting permits mineral claims, concessions or other interests comprising the Property Properties by the doing and filing of assessment work or the making of payments in lieu thereof and the performance of all other actions which may be necessary in that regard and in order to keep such permits mineral claims, concessions or other interests free and clear of all liens and other charges arising from the Operator’s activities thereon except those at the time contested in good faith by the Operator; (b) indemnify the non-operating party or parties against and save such party or parties harmless from all costs, claims, liabilities and expenses that the non-operators operating parties may incur or suffer as a result of any injury (including injury causing death) to any director, officer, employee, agent or designated consultant of the parties hereto arising out of or attributable to the gross negligence or wilful misconduct of the Operator while such director, officer, employee or designated consultant is on the PropertyProperties; (c) permit the parties hereto, at their own expense, reasonable and timely access to the results of the work done on the Property during each completed calendar yearProperties; (d) keep the Property Properties free and clear of all liens, charges and encumbrances of every character arising from its operation hereunder (except for liens for taxes not then due, other inchoate liens and liens contested in good faith by the Operator), and proceed with all reasonable diligence to contest or discharge any lien that is filed; (e) pay, when due and payable, all wages or salaries for services rendered in connection with any work or operation performed on the Property Properties and the Properties and all accounts for materials supplied on or in respect of any work or operation performed on the PropertyProperties; (f) keep in force at least the following minimum insurance coverageobtain and maintain, naming BHPB and CRL as additional insured parties, until all Operations have been completed: (i) statutory workers’ compensations insurance for all of the Operator’s personnel required under the applicable worker’s compensation law; (ii) employer’s liability insurance with a limit on liability of not less than $5,000,000 for each accident; (i) cause any contractor or subcontractor to obtain and maintain comprehensive commercial general liability insurance with a limit on liability in keeping with industry standards and the level of not less than $5,000,000, combined single limit, per occurrence, for bodily injury and property damage, arising out of Operations performed under this Agreement by the Operator; andactivity undertaken; (ii) comprehensive automobile liability insurance covering all vehicles, hired, owned and non-owned, with a limit on liability of not less than $5,000,000 combined single limit per occurrence for bodily injury and property damage; (ag) do or cause to be done all work on the Property any and all Properties in a good and workmanlike fashion and in accordance with all applicable laws, regulations, orders and ordinances of any applicable governmental authority; and (bh) indemnify and hold the non-operating parties hereto harmless in respect of any and all costs, claims, liabilities and expenses arising out of or attributable to the gross negligence or wilful misconduct of the Operator in with respect of to the Operator’s activities on the PropertyProperties.