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ENFORCE26086
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ENFORCE26086
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Last modified
8/24/2016 7:34:10 PM
Creation date
11/21/2007 11:12:48 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
C1984067
IBM Index Class Name
Enforcement
Doc Date
11/7/1988
Doc Name
OPTION & JOINT VENTURE AGREEMENT
Violation No.
CV0000000
Media Type
D
Archive
No
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.,. v <br />contained shall be construed as creating a partnership of any kind or as imposing upon <br />any party hereto any partnership duty, obligation or liability to any other party hereto. <br />17. PARTITION <br />17.01 No party shall, during the term of this Agreement, exercise any right to apply <br />[or any partition o[ the Property or Assets or for sale thereof in lieu o[ partition. <br />18. TAXATION <br />18.01 All Costs inr~~rred hereunder shall be [or the account of the party or parties <br />making or incurring the same (and if more than one, then in proportion to their <br />respective Interests) and each party on whose behalf any Costs have been incurred shall <br />be entitled to claim all tax benefits, write-offs, and deductions with respect thereto. <br />19. FORCE MAJEURE <br />19.01 Notwithstanding anything herein contained to the contrary, if any Party is <br />prevented from or delayed in performing any obligation under this Agreement and such <br />failure is occasioned by any cause beyond its reasonable control, including, without <br />limiting the generality of the foregoing, the operation o[ any law, regulation or order <br />of the government or other constituted authority, inability to secure any necessary <br />permit, license or other authorization from the government or other constituted <br />authority, labor disturbance or dispute, strike, lockout, riot, explosion, war, invasion, <br />inabillity to obtain material, supplies, power, fuel or labor, interference by civil or <br />military authority or acts of God, but excluding only lack of finances, then the time <br />for the observance of the condition or performance o[ the obligation in question shall <br />be extended for a period equivalent to the total period the cause of the prevention or <br />delay persists or remains in effect regardless of the length o[ such total period. <br />19.02 Any party claiming an extension of time as aforesaid shall promptly notify the <br />other parties to that effect end shall take all reasonable steps to remove or remedy <br />the cause and effect of the force majeure described in the said notice insofar as it is <br />reasonably able so to do and as soon as possible; provided that the terms o[ settlement <br />of any labor disturbance or dispute, strike or lockout shall be wholly in the discretion <br />of the party claiming an extension of time by reason thereof; and that party shall not <br />be required to accede to the demands of its opponents in any such labor disturbance <br />or dispute, strike or lockout solely to remedy or remove the force majeure thereby <br />constituted. <br />19.03 The extension of time for the observance of conditions or performance of <br />obligations as a result oC force mejeure shalbnot relieve the Operator from its obligations <br />to keep the Property in good standing. <br />20. INVENTIONS AND TECHNICAL DATA <br />20.01 All inventions conceived during the subsistence of this Agreement in the course <br />of Mining Operations by personnel assigned to the Joint Venture by a party shall be <br />the property of that party, who shall take all reasonable steps necessary to obtain a <br />valid and effectual assignment of .such inventions from its employees. Each party <br />hereby grants to each Party, while it remains a Party, for use by the latter and their <br />Affiliated Corporations in their own operations and in the Joint Venture anon-exclusive <br />royalty-tree license in the United States of America under any patents which issue on <br />9 <br />
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