Common use of Permitted Uses and Activities Clause in Contracts

Permitted Uses and Activities. Subject to the paramount title of the United States in the Claims and applicable federal and state laws and regulations, and subject to the Lease and the terms of this Agreement, Borealis shall have the exclusive right during the term of this Agreement to enter upon the Properties and to explore for, prospect for, develop and produce any and all metals, ores, minerals, mineral substances and materials of all kinds which may be found in, upon, under or within the Properties. Borealis's rights in this regard include, but are not limited to, the following: (a) to construct roads and other improvements upon the surface of the Properties for use by Borealis's personnel and equipment; (b) to locate upon the Properties such structures and improvements as may be required to house Borealis's equipment, supplies and personnel; (c) to conduct exploration upon the Properties by whatever methods and to whatever extent Borealis deems advisable in its sole discretion and to remove from the Properties samples of any and all mineral substances found therein; (d) to conduct exploration, geological, geophysical and geochemical evaluation and testing and assaying of the Properties; (e) to construct facilities and improvements for the development of the Properties and for the production of mineral substances found within the Properties; (f) to develop and produce mineral substances found within the Properties; (g) to use, to the extent necessary or convenient to the exercise of any or all of the rights granted to Borealis herein, any surface and underground water and water rights now existing or subsequently discovered or developed in or upon or appurtenant to the Properties and to use all reciprocal rights which any of the Properties may have with respect to other properties in the area; (h) to use all easements and rights-of-way on or appurtenant to the Properties in the exercise of rights granted to Borealis hereunder; (i) to do all things which are incidental to or which may be useful, desirable or convenient in Borealis's exercise of any or all of the rights granted to Borealis hereunder.