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... <br /> <br />(s) comply with the terms of any lease or other instrument under which the <br />Property is held from time to lime; <br />(b) pay all Costs properly incurred hereunder promptly es and when due end <br />payable end, where applicable, make the proper charges to the other Parties <br />for their proportionate shares thereof; <br />(c) keep the Property free of all liens and encumbrances (other than those, if <br />any, which are in effect on the Operative Date) end in the event of any <br />such lien being tiled against the Property, proceed with diligence to contest <br />or discharge the same; <br />(d) prosecute or defend, where a defense is available, all litigation arising out <br />o[ the Mining Operations, provided that any Party may join in the prosecution <br />or defense of any such litigation at its own expense; <br />(e) perform such assessment work or make such payments in lieu thereof and <br />pay such rentals, taxes or other payments and do all such other acts and <br />things as may be necessary to maintain the Property in good standing; <br />provided that at any time and from time to time, the Operator shall be' <br />entitled to surrender sll or any part of the Property or to permit the same <br />to lapse, but only upon first giving notice o[ its intention to do so to the <br />Parties at least 60 days before the date on which it intends to surrender <br />the Property or part thereof or on which the Property or part thereof will <br />lapse. Thereupon, the mining claims, licenses, leases, grants, concessions, <br />permits, patents or other interests specified in the notice shall cease to <br />form part o[ the Property, but the Parties shall be entitled to receive from <br />the Operator, on request made prior to the date o[ the surrender or lapse, <br />a conveyance thereof, together with copies of any plans, assay maps, diamond <br />drill records and tactual engineering data in the Operator's possession and <br />relevant thereto; <br />(f) open and maintain on behalf of the Joint Venture (with the Operator's <br />representatives as signatories) such account or accounts (hereinafter called <br />the "Account") as the Operator may consider necessary or advisable, with <br />an accredited U.S. bank (which account shall be separate from any account <br />of the Operator) and shall advise each party oC the bank and the branch <br />and the number of the account; and, <br />(g) retain and maintain all documents relating to: <br />(1) the Property and the Assets in a safe place; and, <br />(2) the charges and credits to the Joint Venture [or at least five years <br />after the Operating Year to which they pertain, or such greater period <br />as prescribed by law, and thereafter only dispose of those documents <br />as directed in writing by Parties holding interests aggregating more <br />than 50% and in compliance with all applicable law. <br />5.03 The Operator shall at all times maintain up-to-date and complete records in such <br />form es it may consider reasonably necessary or desirable, including: <br />(a) geological, geophysical, geochemical, drilling and other engineering records <br />and data; <br />5 <br />