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(a) The State shall cooperate with the Company in verifying that Indigenous or Tribal Populations with claims to the surface of the Mining Area are in fact the rightful owners or occupiers thereof. Past permanent or seasonal occupation or use of the Mining Area by Indigenous or Tribal Populations shall create a presumption of rightful occupation.
(b) The State shall cooperate with the Company in keeping the Local Government, traditional or other landowners or occupants and Indigenous or Tribal Populations regularly informed about activities under this Agreement and Consult with them regularly about activities or planned activities under this Agreement.
(c) The State shall, in accordance with Applicable Law, respect and enforce agreements made between the Company, Local Government, traditional or other landowners or occupants and Indigenous and Tribal Populations.
(d) The State shall cooperate with the Company and Local Government to resolve disputes between the Company and Local Government.
(e) Financial benefits to be received by a Local Government from payments made by the Company to the State under Applicable Law or under this Agreement shall be provided to the Local Government without added cost to the Company. The State shall provide an annual report to the Company and the Local Government on such funds provided by the State to the Local Government. The State shall comply with any agreement with the Company or the Local Government as to revenue sharing, and failure to comply therewith is a breach of the obligations of the State under this Agreement.

Example 1
The municipalities where the Mine is located shall receive five percent (5%) of net profits generated in accordance with what is established in the Environmental Law. THE STATE, as lessor of the Fiscal Reserve, shall assume the payment of said contributions to the municipalities where the Mine is located. THE STATE may request that Company make such payments on its behalf and deduct them from the payments it must make to THE STATE under this Agreement.

Example 2
The STATE and the CENTRAL BANK shall distribute at least five percent (5%) of the total payments they receive pursuant to Article 8 [royalty and taxes] […] to the various communities in the vicinity of the Mine.

Example 3
Landowners Royalty Sharing

(a) The Government and the Provincial Government acknowledge and confirm that the Landowners entitled to customary native tribal land within the Prospecting Area are as follows:
[Specify land areas and tribes or clans]
(b) In recognition of the Landowners’ rights to compensation for disturbance to their customary land and lifestyle caused presently by exploration operations in the Prospecting Area and in the future by mining operations in Mining Area, the Government undertakes to share the royalties receivable by it under this agreement and Mining Act as follows:
Government: [x]%
Provincial Government: [x]%
Landowners Trust Account: [x]%
(c) Mining Company is authorised and directed by the Government to pay royalty to the above entities in the proportions set out above in lieu of its obligation to pay royalty to the Government under clause 5.1.
(d) Receipt by the Premier of the Provincial Government and by the trustee of the Royalty Trust will be full and sufficient discharge to Mining Company of its obligation to pay royalty under clause 5.1 of this agreement and the Mining Act.

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

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