Priority of mining Clause Samples

Priority of mining. (a) If a commercially mineable deposit of Gold Mineralisation is discovered on the Property adjacent to or near a commercially mineable deposit of some other Mineral in circumstances where the carrying out of the proposed Mining Operations for Gold Mineralisation and the other Mineral are inconsistent, then the Joint Venture Parties must negotiate in good faith to achieve an outcome which allows the exercise by the Joint Venture of all or some of its Gold Rights and the exercise by Whim Creek Mining or another party (severally or jointly) (in this clause “▇▇▇▇▇▇ Entity/Other Party”) of all or some of its rights to exploit the Property for the other Mineral, but if the Joint Venture Parties and ▇▇▇▇▇▇ Entity/Other Party are unable to negotiate an acceptable outcome, the development and mining of the Gold Mineralisation by the Joint Venture Parties will have priority. (b) Subject to clause 9.12(a), if and when the ▇▇▇▇▇▇ Entity/Other Party makes a decision to mine a deposit other than Gold Mineralisation on the Property or exercises the Prospector Rights, then the ▇▇▇▇▇▇ Entity /Other Party will provide to the Joint Venture Parties all the information it has pertaining to that deposit, and the Parties will negotiate in good faith to define the area required for the mining of that deposit, (“Non-Gold Mineralisation Development Area”) and the Joint Venture Parties at the cost of the ▇▇▇▇▇▇ Entity/Other Party (as the case may be) must do all things reasonably required by the ▇▇▇▇▇▇ Entity/Other Party to secure the best mining tenement reasonably available to the ▇▇▇▇▇▇ Entity/Other Party over the Non-Gold Mineralisation Development Area. For example: 1 The omitted information is the specific dollar amount. (i) if the ▇▇▇▇▇▇ Entity/Other Party wishes to have new mining lease(s) or other relevant mining tenements granted (New Titles) over part of the Property, then the Joint Venture Parties must do everything reasonably required by the ▇▇▇▇▇▇ Entity/Other Party to enable the New Titles to be granted in respect of the area(s) on which ▇▇▇▇▇▇/Other Party proposes to establish a Non-Gold Mineralisation Development Area; (ii) if the Joint Venture Parties are registered holders on a New Title, then they must transfer their interest in the New Titles to the ▇▇▇▇▇▇ Entity/the Other Party and pending the New Titles being registered by the Department to the Other Party, will grant to the Joint Venture (or the other party) a sublease of the relevant area; and (iii) if for ...
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  • Priority of Agreement In the event of any conflict between provisions of this Agreement or any amendment hereto and any documents executed, acknowledged, sworn to, or filed by any Manager under this power of attorney, this Agreement and its amendments shall govern.

  • Priority of Agreements This DPA shall govern the treatment of Student Data in order to comply with the privacy protections, including those found in FERPA and all applicable privacy statutes identified in this DPA. In the event there is conflict between the terms of the DPA and the Service Agreement, Terms of Service, Privacy Policies, or with any other bid/RFP, license agreement, or writing, the terms of this DPA shall apply and take precedence. In the event of a conflict between Exhibit H, the SDPC Standard Clauses, and/or the Supplemental State Terms, Exhibit H will control, followed by the Supplemental State Terms. Except as described in this paragraph herein, all other provisions of the Service Agreement shall remain in effect.

  • Priority of Documents In the event of inconsistency between the terms of this Agreement and the Project Manual, the terms of this Agreement shall prevail.

  • Priority of Claims Anything contained herein or in any of the Secured Credit Documents to the contrary notwithstanding (but subject to Section 1.03), if an Event of Default has occurred and is continuing, and the Applicable Collateral Agent or any First-Lien Secured Party is taking action to enforce rights in respect of any Shared Collateral, or any distribution is made in respect of any Shared Collateral in any Bankruptcy Case of the Company or any other Grantor or any First-Lien Secured Party receives any payment pursuant to any intercreditor agreement (other than this Agreement) with respect to any Shared Collateral, the proceeds of any sale, collection or other liquidation of any such Collateral by any First-Lien Secured Party or received by the Applicable Collateral Agent or any First-Lien Secured Party pursuant to any such intercreditor agreement with respect to such Shared Collateral and proceeds of any such distribution (subject, in the case of any such distribution, to the sentence immediately following) to which the First-Lien Obligations are entitled under any intercreditor agreement (other than this Agreement) (all proceeds of any sale, collection or other liquidation of any Collateral and all proceeds of any such distribution being collectively referred to as “Proceeds”) shall be applied (i) FIRST, to the payment of all amounts owing to each Collateral Agent (in its capacity as such) pursuant to the terms of any Secured Credit Document, (ii) SECOND, subject to Section 1.03, to the payment in full of the First-Lien Obligations of each Series on a ratable basis, with such Proceeds to be applied to the First-Lien Obligations of a given Series in accordance with the terms of the applicable Secured Credit Documents, and (iii) THIRD, after payment of all First-Lien Obligations, to the Company and the other Grantors or their successors or assigns, as their interests may appear, or to whosoever may be lawfully entitled to receive the same, or as a court of competent jurisdiction may direct. Notwithstanding the foregoing, with respect to any Shared Collateral upon which a third party (other than a First-Lien Secured Party) has a lien or security interest that is junior in priority to the security interest of any Series of First-Lien Obligations but senior (as determined by appropriate legal proceedings in the case of any dispute) to the security interest of any other Series of First-Lien Obligations (such third party, an “Intervening Creditor”), the value of any Shared Collateral or Proceeds which are allocated to such Intervening Creditor shall be deducted on a ratable basis solely from the Shared Collateral or Proceeds to be distributed in respect of the Series of First-Lien Obligations with respect to which such Impairment exists.