Common use of Project Property Clause in Contracts

Project Property. Without limiting the generality of Section 4.1.10 and Section 4.1.11: (a) Granite Creek Owner owns or otherwise has valid rights to use all of the Granite Creek Project Property, and no Person other than the Granite Creek Owner has any rights to participate in the Granite Creek Project Real Property or operate the Granite Creek Project; (b) the Granite Creek Project Real Property constitutes all real property, mineral, surface interests and ancillary rights necessary for the development and mining operations of the Granite Creek Project, as currently operated and as contemplated to be developed and operated, substantially in accordance with the Mine Plan; (c) other than the Royalties, the Offtake Agreement, the Gold Prepay Facility Documents, the Convertible Debt Agreements, the Contingent Value Rights Agreement and this Agreement, none of the Granite Creek Project Real Property or any Minerals produced therefrom are subject to an option, right of first refusal or right, title, interest, reservation, claim, rent, royalty, or payment in the nature of rent or royalty, or right capable of becoming an agreement, option, right of first refusal or right, title, interest, reservation, claim, rent, royalty, or payment in the nature of rent or royalty; (d) other than pursuant to Applicable Laws, there are no restrictions on the ability of Granite Creek Owner to exploit the Granite Creek Project Real Property; the Granite Creek Owner owns or otherwise has valid rights to use all of the Granite Creek Project Property, and no Person other than the Granite Creek Owner has any rights to participate in the Granite Creek Project Real Property or operate the Granite Creek Project; (e) ▇▇▇▇ ▇▇▇▇ Owner owns or otherwise has valid rights to use all of the ▇▇▇▇ ▇▇▇▇ Project Real Property, and no Person other than ▇▇▇▇ ▇▇▇▇ Owner has any rights to participate in the ▇▇▇▇ ▇▇▇▇ Project Real Property or operate the ▇▇▇▇ ▇▇▇▇ Project; (f) the ▇▇▇▇ ▇▇▇▇ Project Real Property constitutes all real property, mineral, surface interests and ancillary rights necessary for the development and mining operations of the ▇▇▇▇ ▇▇▇▇ Project, as currently operated and as contemplated to be developed and operated, substantially in accordance with the Mine Plan; (g) other than the Royalties, the Offtake Agreement, the Gold Prepay Facility Documents, the Convertible Debt Agreements, the Milestone Payment Rights Agreement and this Agreement, none of the ▇▇▇▇ ▇▇▇▇ Project Real Property or any Minerals produced therefrom are subject to an option, right of first refusal or right, title, interest, reservation, claim, rent, royalty, or payment in the nature of rent or royalty, or right capable of becoming an agreement, option, right of first refusal or right, title, interest, reservation, claim, rent, royalty, or payment in the nature of rent or royalty; (h) other than pursuant to Applicable Laws, there are no restrictions on the ability of the ▇▇▇▇ ▇▇▇▇ Owner to exploit the ▇▇▇▇ ▇▇▇▇ Project Real Property; (i) Lone Tree Owner owns or otherwise has valid rights to use all of the Lone Tree Project Property, and no Person other than the Lone Tree Owner has any rights to participate in the Lone Tree Project Real Property or operate the Lone Tree Project; (j) the Lone Tree Project Real Property constitutes all real property, mineral, surface interests and ancillary rights necessary for the development and mining operations of the Lone Tree Project, as currently operated and as contemplated to be developed and operated, substantially in accordance with the Mine Plan; (k) other than the Royalties, the Lone Tree Contingent Consideration Agreement, the Offtake Agreement, the Gold Prepay Facility Documents and this Agreement, none of the Lone Tree Project Real Property or any Minerals produced therefrom are subject to an option, right of first refusal or right, title, interest, reservation, claim, rent, royalty, or payment in the nature of rent or royalty, or right capable of becoming an agreement, option, right of first refusal or right, title, interest, reservation, claim, rent, royalty, or payment in the nature of rent or royalty; and (l) other than pursuant to Applicable Laws, there are no restrictions on the ability of Lone Tree Owner to exploit the Lone Tree Project Real Property; the Lone Tree Owner owns or otherwise has valid rights to use all of the Lone Tree Project Property, and no Person other than the Lone Tree Owner has any rights to participate in the Lone Tree Project Real Property or operate the Lone Tree Project.

Project Property. Without limiting the generality of Section 4.1.10 8.1.10 and Section 4.1.118.1.11, except as set out in Schedule 8.1.12: (a) Granite Creek Owner owns or otherwise has valid rights to use all of the Granite Creek Project Property, and no Person other than the Granite Creek Owner has any rights to participate in the Granite Creek Project Real Property or operate the Granite Creek Project; (b) the Granite Creek Project Real Property constitutes all real property, mineral, surface interests and ancillary rights necessary for the development and mining operations of the Granite Creek Project, as currently operated and as contemplated to be developed and operated, substantially in accordance with the Mine Plan; (c) other than the Royalties, the Offtake Agreement, the Gold Prepay Facility DocumentsAgreement, this Agreement, the Convertible Debt Agreements, Agreements and the Contingent Value Rights Agreement and this NGM Consent Agreement, none of the Granite Creek Project Real Property or any Minerals produced therefrom are subject to an option, right of first refusal or right, title, interest, reservation, claim, rent, royalty, or payment in the nature of rent or royalty, or right capable of becoming an agreement, option, right of first refusal or right, title, interest, reservation, claim, rent, royalty, or payment in the nature of rent or royalty; (d) other than pursuant to Applicable Laws, there are no restrictions on the ability of Granite Creek Owner to exploit the Granite Creek Project Real Property; the Granite Creek Owner owns or otherwise has valid rights to use all of the Granite Creek Project Property, and no Person other than the Granite Creek Owner has any rights to participate in the Granite Creek Project Real Property or operate the Granite Creek Project; (e) ▇▇▇▇ ▇▇▇▇ Owner owns or otherwise has valid rights to use all of the ▇▇▇▇ ▇▇▇▇ Project Real Property, and no Person other than ▇▇▇▇ ▇▇▇▇ Owner has any rights to participate in the ▇▇▇▇ ▇▇▇▇ Project Real Property or operate the ▇▇▇▇ ▇▇▇▇ Project; (f) the ▇▇▇▇ ▇▇▇▇ Project Real Property constitutes all real property, mineral, surface interests and ancillary rights necessary for the development and mining operations of the ▇▇▇▇ ▇▇▇▇ Project, as currently operated and as contemplated to be developed and operated, substantially in accordance with the Mine Plan; (g) other than the Royalties, the Offtake Agreement, the Gold Prepay Facility DocumentsAgreement, this Agreement and the Convertible Debt Agreements, the Milestone Payment Rights Agreement and this Agreement, none of the ▇▇▇▇ ▇▇▇▇ Project Real Property or any Minerals produced therefrom are subject to an option, right of first refusal or right, title, interest, reservation, claim, rent, royalty, or payment in the nature of rent or royalty, or right capable of becoming an agreement, option, right of first refusal or right, title, interest, reservation, claim, rent, royalty, or payment in the nature of rent or royalty; (h) other than pursuant to Applicable Laws, there are no restrictions on the ability of the ▇▇▇▇ ▇▇▇▇ Owner to exploit the ▇▇▇▇ ▇▇▇▇ Project Real Property; (i) ▇▇▇▇▇-Cove Owner owns or otherwise has valid rights to use all of the ▇▇▇▇▇-Cove Project Property, and no Person other than the ▇▇▇▇▇-Cove Owner has any rights to participate in the ▇▇▇▇▇-Cove Project Real Property or operate the ▇▇▇▇▇-Cove Project; (j) the ▇▇▇▇▇-Cove Project Real Property constitutes all real property, mineral, surface interests and ancillary rights necessary for the development and mining operations of the ▇▇▇▇▇-Cove Project, as currently operated and as contemplated to be developed and operated, substantially in accordance with the Mine Plan; (k) other than the Royalties, the Offtake Agreement, the Gold Prepay Agreement and this Agreement, none of the ▇▇▇▇▇-Cove Project Real Property or any Minerals produced therefrom are subject to an option, right of first refusal or right, title, interest, reservation, claim, rent, royalty, or payment in the nature of rent or royalty, or right capable of becoming an agreement, option, right of first refusal or right, title, interest, reservation, claim, rent, royalty, or payment in the nature of rent or royalty; (l) other than pursuant to Applicable Laws, there are no restrictions on the ability of ▇▇▇▇▇-Cove Owner to exploit the ▇▇▇▇▇-Cove Project Real Property; the ▇▇▇▇▇-Cove Owner owns or otherwise has valid rights to use all of the ▇▇▇▇▇-Cove Project Property, and no Person other than the ▇▇▇▇▇-Cove Owner has any rights to participate in the ▇▇▇▇▇-Cove Project Real Property or operate the ▇▇▇▇▇-Cove Project; (m) Lone Tree Owner owns or otherwise has valid rights to use all of the Lone Tree Project Property, and no Person other than the Lone Tree Owner has any rights to participate in the Lone Tree Project Real Property or operate the Lone Tree Project; (jn) the Lone Tree Project Real Property constitutes all real property, mineral, surface interests and ancillary rights necessary for the development and mining operations of the Lone Tree Project, as currently operated and as contemplated to be developed and operated, substantially in accordance with the Mine Plan; (ko) other than the Royalties, the Lone Tree Contingent Consideration Agreement, the Offtake Agreement, the Gold Prepay Facility Documents Agreement and this Agreement, none of the Lone Tree Project Real Property or any Minerals produced therefrom are subject to an option, right of first refusal or right, title, interest, reservation, claim, rent, royalty, or payment in the nature of rent or royalty, or right capable of becoming an agreement, option, right of first refusal or right, title, interest, reservation, claim, rent, royalty, or payment in the nature of rent or royalty; and (lp) other than pursuant to Applicable Laws, there are no restrictions on the ability of Lone Tree Owner to exploit the Lone Tree Project Real Property; the Lone Tree Owner owns or otherwise has valid rights to use all of the Lone Tree Project Property, and no Person other than the Lone Tree Owner has any rights to participate in the Lone Tree Project Real Property or operate the Lone Tree Project.