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STATE OBLIGATIONS

13.0 State Assurances and Obligations

13.1 Legislation to Approve Agreement

(a) The State undertakes to use its best efforts to adopt any legislation necessary under Applicable Law to ratify this Agreement and to give effect to the exemptions from Applicable Law and Tax Law expressly provided in this Agreement.
(b) Pending ratification of this Agreement, the Company may undertake additional reconnaissance or exploration activities within the Mining Area subject to compliance with all Applicable Law and rights and obligations of this Agreement.
(c) Except as provided in this Agreement, the provisions of this Agreement shall not come into operation until the Effective Date.

Example 1
Ratification and Operation

3. (1) The State shall introduce and sponsor a Bill in the State Parliament of State to ratify this Agreement and endeavour to secure its passage as an Act prior to 31 December 19xx or such later date as may be agreed between the parties hereto.
(2) The provisions of this Agreement other than this Clause and Clauses 1 and 2 shall not come into operation until the Bill referred to in subclause (1) has been passed by the Parliament of State and comes into operation as an Act.
(3) If before 31 December 19xx the said Bill has not commenced to operate as an Act then unless the parties hereto otherwise agree this Agreement shall then cease and determine and no party hereto shall have any claim against any other party hereto with respect to any matter or thing arising out of, done, performed, or omitted to be done or performed under this Agreement.
(4) On the said Bill commencing to operate as an Act all the provisions of this Agreement shall operate and take effect notwithstanding the provisions of any Act or law.

Example 2
RATIFICATION AND EFFECTIVENESS OF THIS AGREEMENT

(1) Following the execution of this Agreement, the Government will introduce and use its best endeavors to cause to be passed legislation for the purpose of ratifying and confirming the Agreement and implementing the terms hereof.
(2) If such legislation shall not be duly passed and become law within 45 days from the date of this Agreement or within such extended time as the Government and the Company may in writing agree, this Agreement and all rights granted and obligations assumed hereunder shall cease and determine upon the expiration of such forty-five (45) day period or such extended time so agreed, and without penalty with respect to any actions taken by the Company thereunder, prior to the date of such termination.
(3) This Agreement shall come into force and effect upon the coming into operation of such legislation within the period specified in paragraph (2) hereof.

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

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