FOURTEENTH AMENDMENT TO TONKIN MINING LEASEIndustrial Lease Agreement |
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U S GOLD CORP | Gold Standard Royalty (Nevada) Inc | Tonkin Springs Venture LP. RealDealDocs™ contains millions of easily searchable legal documents and clauses from top law firms. Search for free - click here. |
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Amendment Number Fourteen dated December 23, 2008 ("Effective Date"), between Gold Standard Royalty (Nevada) Inc. and Julian E. and Jean C. Simpson, husband and wife, (collectively "Lessors") and Tonkin Springs Venture LP ("TSVLP" or "Lessee"). RECITALS A. Lessors and Lessee are parties to a certain Mining Lease ("Mining Lease") dated effective January 1, 1986, a Memorandum (the "Memorandum" of which was recorded in Book 148, at Page 110, as Reception No. 104566, and amended on January 10, 1986, September 29, 2986, June 10, 1987, August 29, 1988, January 11, 1989, June 29, 1989, April 18, 1990, April 20, 1992, January 22, 1993, April 30, 1993, June 28, 1993, November 27, 1995, February 1, 2003 of the real property records of Eureka County, Nevada. B. Section 2. Term: Rule Against Perpetuities and Severability of Paragraphs, as amended by the Thirteenth Amendment in part states "…this Lease shall remain in force for a term of twenty-three (23) years from the date hereof and for so long thereafter as there is production of one or more Leased Substances from the Mineral Prospect,…" C. Lessee and Lessors desire to amend the4 first paragraph only of Section 2 of the Tonkin Mining Lease and to the Memorandum to change the primary term of the Lease from twenty-three (23) years to twenty-five (25) years. D. Section 3. Term; Advance Minimum Royalty in part states that "…Between January 1-15, 1989 and between January 1-15 in each year thereafter during the term of this lease…The greater of $150,000 or the U.S. "Dollar equivalent" of 455 ounces of gold [will be paid to the Lessors]". E. Lessee and Lessors desire to amend Section 3. of the Tonkin Mining Lease and to the Memorandum to change the Advance Minimum Royalty between January 1-15, 1989 and between January 1-15 in each year thereafter during the term of this lease from the greater of $150,000 or the U.S. "Dollar equivalent" of 455 ounces of gold to $187,500 or the U.S. "Dollar equivalent" of 568.75 ounces of gold starting January 1-25, 2009 and in each year thereafter during the term of this lease. F. Lessee and Lessors desire to add a preferential right during the extended term of the Lease by which Lessee has a right of first refusal to purchase any interest that Lessors intends to transfer to a third party during the two year extension of the Lease, exclusive of corporate transactions as defined in Section 3 of this Fourteenth Amendment. Agreement NOW THEREFORE, in consideration of the foregoing and of the mutual benefits to be derived, Leasee and the Lessors agree as follows: 1. The first paragraph of Section 2. of the Term: Rule Against Perpetuities and Severability of Paragraphs, as amended by the Thirteenth Amendment shall be deleted in its entirety and replaced with the following: Subject to the other provisions herein contained, this Lease shall remain in force for a term of twenty-five (25) years from the date hereof and for so long thereafter as there is production of one or more Leased Substances from the Mineral Prospect, or any operations permitted 1 hereunder are being conducted on the Mineral Prospect or this Lease is continued in force by reason of any of the provisions hereof; provided, however, the term of this Lease shall not exceed 99 years. During any period of extension beyond the primary term hereof, all of the terms and conditions of this lease shall remain in full force and effect. 2. The table outlining respective due date of advance and amount of advance of Section 3. Term; Advance Minimum Royalty shall be deleted in its entirety and replaced with the following:
3. Lessees Preferential Right During the Extended Term: If Lessor intends to transfer all or any part of its interest in the Mineral Prospect or in or under this Lease in accordance with the terms of an agreement which Lessor determines is acceptable, Lessor shall promptly notify Lessee of Lessor's intentions. The notice shall state all pertinent terms and conditions of the intended transfer, and shall be accompanied by a copy of the agreement, contract, offer or other instrument governing the terms of the transfer. If the consideration for the intended transfer is, in whole or in part, other than monetary, the notice shall describe such co |
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