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(a) Not more than 120 Days after the last to occur of (i) the Company’s receipt of all permits required for construction of the Project and (ii) the Company’s the first to occur of (A) approval of the Documents or (B) lapse of the comment period without comment, the Company shall submit to the State a detailed schedule for the performance of all planned activities during the construction period if such schedule is not included in the Feasibility Study. The State shall have the right to comment upon and request explanation of such schedule and any changes that occur in the schedule. The Company shall submit to the appropriate State agency, thereafter [on a quarterly basis], an updated schedule showing progress and any changes in the milestones or critical paths for the construction of the Project.
(b) Within 180 Days after to the last to occur of (i) the Company’s receipt of all permits required for construction of the Project and (ii) the Company’s submittal of the Documents, the Company shall commence and diligently continue construction of the Project until its completion in accordance with the Feasibility Study and any non-material changes resulting from engineering and other studies conducted by the Company after completion of the Feasibility Study.

*See 20.0 Development Obligations for related provisions.

Example 1
Construction.

(a) Within thirty (30) Days subsequent to the last to occur of (i) Company’s receipt of all the Permits required for Construction of the Mine, (ii) Company’s receipt of all approvals required by Law for its Initial Mine Plan of extraction; (iii) formalization of the lease and delivery of all the lands necessary for the permanent disposal of tailings and waste in the manner contemplated by the Feasibility Study and the amendment of the Fiscal Reserve to include the right to exploit all Minerals in such lands as provided in Section 7.6 of the SLA; and, (iv) the Project Notice Date, Company shall, subject to Sections 17.14 and 17.15, commence Construction of the Mine until its completion in accordance with the Feasibility Study, subject to changes resulting from engineering and other studies conducted by Company after completion of the Feasibility Study, and all the Permits.
THE STATE shall establish simple and expedited procedures for the approval of all Permits required for the Construction of the Mine, in a manner consistent with the Laws.
(b) Not more than thirty (30) Days after the Project Notice Date, Company shall submit to the STATE a detailed schedule for the performance of all planned activities during the Construction Period. The schedule shall include all activities identified in the Feasibility Study and include the details to be developed for construction. The schedule shall include an estimated duration of the key components of all planned activities to be performed during the Construction Period including a critical path, milestones and decision points. Company shall submit to the General Directorate of Mining, thereafter on a Quarterly basis, an updated schedule showing progress and any changes in the milestones or critical paths for the Construction of the Mine. The Company shall have the right to comment upon and request explanation of the any changes that occur in the schedule.

Example 2
As soon as approval is received from Government after the submission of the plans and designs provided for in Article 8.3 hereof, Contractor shall commence construction of the facilities and prosecutes the same to completion in accordance with the time schedule hereinabove referred to in said Article to the extent feasible.

Example 3

7.2 Timetable. During the Development and Construction Phase, the Contractor shall complete Mine Development in the Mining Area(s) identified in the Mining Project Feasibility Study filed pursuant to Clause 7.1(a). The Contractor shall also during the Development and Construction Phase have the right in its discretion to continue Exploration activities and other Mining Operations in any Mining Area.
7.3 Expenditure, Commitment. The Contractor shall expend in total not less than [$] on infrastructure and development in the Contract Area, which amount shall include all Pre-Operating Expenses incurred after the commencement of the Development and Construction Phase. In the event this expenditure commitment is not or can not be met, the Contractor has the option to convert this Agreement into a Mineral Production Sharing Agreement or withdraw from this Agreement in accordance with the terms prescribed in Clause 18.1 and Clause 17.3, respectively.
7.4 Reporting Requirements. The Contractor shall submit the following reports during the Development and Construction Phase:
[…]

Example 4
Conduct of Operations.

(a) Company shall conduct all Operations in a reasonably prudent manner, and in accordance with:

(i) The Environmental Management Plan that was approved as a part of the Environmental Impact Assessment pursuant to Section 6.2(c);
(ii) The Environmental and Social Policies and Guidelines;
(iii) The Permits issued to Company; and
(iv) The Laws, including those applicable to the Environment hygiene, industrial safety, and labor, subject to Section 11.8.

(b) After Construction of the Mine, once Commercial Production has been achieved, except as set forth in Section 6.8, Section 17.14 and Section 17.15, Company shall maintain Commercial Production of Minerals at the Mine during the Term of the Leases.

Example 5
The lessee/lessees shall commence operation within one year from the date of execution of the lease and shall thereafter at all times during the continuance of his lease search for, win, work and develop, the said minerals without voluntary intermission in a skilful and workman-like manner and as prescribed under clause 12 hereinafter without doing or permitting to be done any unnecessary or avoidable damage to the surface of the said lands or the crops buildings structures or other property thereon. For the purposes of this clause operations shall include the erection of machinery, laying of a tramway or construction of a road in connection with the mine.

REFER TO MMDA DISCLAIMERS AND MMDA USER’S GUIDE
PRIOR TO ANY USE OF THIS DOCUMENT.

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