Clan-ICC Mining Contract Initiative
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PERSONAL MINING LICENSE AGREEMENT THIS AGREEMENT is between Whispers‘ Edge, (hereafter referred to as "W.E." or “WE"), and Interstellar Confederation of Corporations (hereafter referred to as "I.C.C." or “ICC“). The purpose of this Agreement is for I.C.C. to issue a revocable Personal Mining License to W.E.
I. PERSONAL MINING LICENSE TERMS 1. PERSONAL EQUIPMENT DEFINED "Personal Equipment" is defined as mechanized ore-moving equipment such as Personal Service Tower or Jensen Personal Ore Extractor or Source Excavator Shell with drill-sizes smaller than 3-milimeter in diameter or Incomplete Manufactured Devices Requiring Notum Ore (hereafter referred to as “Semi-Finished Nano Kit“ or “Semi-Finished Nano Recharger“). 2. PERSONAL OPERATOR DEFINED A "Personal Operator" is any WE member in good standing who executes this Personal Mining License Agreement with WE to operate Personal Equipment on properties within Rubi-Ka habitable zones which are being made available to members by ICC (hereinafter referred to as "RK"). 3. SPECIALLY DESIGNATED PERSONAL CLAIM DEFINED A "Specially Designated Personal Claim" (hereinafter "Personal Claim"), is a portion of RK which may be assigned to WE by ICC. A Personal Claim will usually be smaller in size than the fifteen (15) meter radius which is normally allowed to Personal Operators. Under this Agreement, WE leadership may assign a Personal Claim to Personal Operator when, based upon the monthly royalty and yearly royalty reports (outlined in Chapter III below), production results show that Commercial Operator is not developing a commercial notum deposit. ICC also retains the right to withdraw the assignment of a Personal Claim in the event that, in ICC’s sole discretion, Personal Operator's production results consistently show the existence or productive development of a commercial notum deposit. In the event that a Personal Claim has been withdrawn by WE leadership, Personal Operator will retain the right to claim the normal 15 meters which is allowed to all members in good standing through the Regular Membership Agreement (See Chapter II below). 4. MINING LICENSE TERM The term of the Personal Mining License issued by ICC to WE shall be for one mining season, which begins on the Effective Date of this Agreement (below) and ends on 31 December of the same year; provided however, that
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Personal Mining License shall be revocable by ICC at an earlier time (prior to the expiration of the term) under conditions as specified below in Chapter V, Default and Mining License Revocation. The Personal Mining License issued by ICC to WE is also renewable for the next mining season at the option of ICC. Any renewal of this Agreement must be made in writing in order to be effective. 5. WHISPERS’ EDGE ACKNOWLEDGMENT Personal Operator is acknowledged by WE as a legitimate small- scale notum miner under the ICC General Mining Law and the applicable provisions of the Omni-Tek Resource Provision Code, with permission to conduct mining operations, limited to and not including, locating and developing valuable notum deposits on RK. WE further acknowledges that ICC issues a revocable Personal Mining License to Personal Operator for the conduct of mining operations on or off of specially designated Personal Claims. 6. PERSONAL OPERATOR ACKNOWLEDGMENT Personal Operator acknowledges that his, its or hers reason for executing this Agreement is to have the opportunity to enjoy a potential increased recovery of notum on mining properties being made available by WE. Personal Operator further acknowledges that this Personal Mining License is revocable on the basis specified below in Chapter V, Default and Mining License Revocation. By the execution of this Agreement, Personal Operator acknowledges the prior-existing discoveries of notum deposits which have already created the foundation of the Omni-Tek mining claims which are being made not-available to Personal Operator. Personal Operator acknowledges and agrees that any commercial notum deposits which are located and/or further developed as a result of this Agreement will be seceded in whole to ICC, and will not be used in any attempt to supersede existing agreements made by WE. II. IN EXCHANGE FOR THE COVENANTS TO BE KEPT BY PERSONAL OPERATOR SET FORTH IN CHAPTER IV BELOW, AND PAYMENT OF THE ROYALTY AS SET FORTH IN CHAPTER III BELOW, W.E. SHALL PROVIDE THE FOLLOWING PRIVILEGES TO PERSONAL OPERATOR: 1. REGULAR MEMBER PRIVILEGES The Personal Operator has already executed an agreement entitled MINING LICENSE AGREEMENT BETWEEN W.E. AND MEMBERS (hereinafter the "Regular Membership Agreement") prior to execution of this Personal Mining License Agreement; and all of the privileges set forth in the Regular Membership Agreement, Chapter II, Paragraphs 1 through 6, inclusive, will be afforded to the Personal Operator.
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2. ADDITIONAL PRIVILEGE In addition to the Regular Membership Agreement privileges afforded to all WE members, the Personal Operator will be afforded the privilege of a Personal Mining License allowing him, it or her to operate Personal Equipment on mining properties being made available by WE; and therefore, to enjoy a potential of increased recovery of notum, subject to the payment of a monthly royalty and the making of a monthly report, as set forth in Chapter III, Paragraphs 1 and 2, below. III. ROYALTY 1. MONTHLY ROYALTY PAYMENT Personal Operator shall pay WE a ten percent (10% value by weight) gross royally on all notum he, it or she recovers by use of any Personal Equipment, or by use of any smaller filter or other equipment operating in conjunction with Personal Equipment anywhere on RK, or by the use of any equipment being operated on a Specially Designated Personal Claim, regardless of how little notum the Personal Operator is producing. This ten percent (10%) royalty shall be paid by Personal Operator to WE on a monthly basis, on or before first Sunday starting the month, for all notum which he, it or she recovers on or before the preceding first Sunday starting of the month. The weekly ten percent (10%) royalty payment shall be paid to ICC by WE on a Yearly basis, on or before 31 December ending of the mining season, for all notum recovered by Personal Operators operating under license afforded by WE. 2. MONTHLY REPORT At any time which Personal Operator has Personal Equipment in operation on RK, or has any mining equipment present on a Personal Claim, Personal Operator shall make a monthly royalty payment report (hereinafter "report") to WE at the time designated for the monthly royalty payment as set forth in paragraph 1, above. The report shall state the gross amount of notum recovered during the previous month, along with the amount of the 10% royalty. In the event that the Personal Operator has not operated during the preceding month, that shall be declared in events reported. If the Personal Operator is going to depart the area, so that making the report is not possible, the Personal Operator shall make a report of his, its or her departure to WE before his, its or her departure - and then resume making monthly reports upon his, its or her return. W.E. shall issue a receipt for each and every monthly royalty payment and/or report received. Personal Operator shall keep the receipts with his, its or her copies of the reports as proof of each monthly royalty payment and/or report made, and make the receipts and reports available for inspection by ICC at any time.
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IV. PERSONAL OPERATOR'S RULES AND RESPONSIBILITIES 1. RESPONSIBLE MINING OPERATION BY PERSONAL OPERATOR Personal Operator has already executed the Regular Membership Agreement prior to execution of this Personal Mining License Agreement, and the Personal Operator shall abide by all of the rules and responsibilities set forth in Chapter IV, Paragraphs 1 through 7, inclusive, of the Regular Membership Agreement. In addition, Personal Operator shall take full responsibility for the actions of each of his, its or her crew members and/or guests, and acknowledges that if any crew member or guest fails to abide by member rules and responsibilities, that the Personal Operator and his crew members and/or guests will be answerable to ICC Director of Internal Affairs or other ICC department of authority. Moreover, Personal Operator shall conduct all mining operations on RK in a good and workmanlike manner, in accordance with accepted mining practices, shall maintain healthy and sanitary mining conditions and provide a proper camp site if camping is being done on the location. 2. ZONE, OMNI-TEK & ICC LAWS, NO GUARANTEES Nothing in this Agreement allows Personal Operator to conduct any mining or prospecting program on RK in any manor which violates Zone, Omni-Tek or ICC laws or regulations as set forth under intent to operate as designated mining project. Personal Operator understands and agrees that responsibility to operate within the limits offered under protection by this agreement rests completely with the Personal Operator, and that WE has made no representations concerning what may or may not be done in accordance with the laws and regulations which govern mining. Furthermore, nothing in this Agreement makes any production guarantees to the Personal Operator. Personal Operator understands and agrees that his, its or her production results will depend entirely upon the prospecting and other choices which Personal Operator makes in the field. 3. GUESTS Personal Operator shall not allow any person to actively participate in his, its or her mining operation unless the person is a member of WE in good standing with membership current, or unless the person is the Personal Operator's guest, who has been registered with the ICC. Moreover, no guest may participate in the Personal Operator's mining operation for more than one week during the term of this Personal Mining License.
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4. INSPECTION The WE leadership and/or ICC shall be permitted to inspect and observe any and all phases of Personal Operator's mining operation, both above and below the surface, including cleanup procedures and recording of production results, at any time during the term of this Personal Mining License. V. DEFAULT AND MINING LICENSE REVOCATION Should Personal Operator fail to comply with the provisions of this Agreement, including failure to pay to WE the monthly royalty payments specified in Chapter III, Paragraph 1, above, or failure to provide the monthly royalty reports as specified in Chapter III, Paragraph 2, above, Personal Operator shall be in default under this Agreement; and upon service of notice by WE to the Personal Operator as specified in Chapter VI, Paragraph 1, below, W.E. may revoke the Personal Mining License issued to the Personal Operator after ten (10) days from service of written notice. If the default subject of the written notice from WE to the Personal Operator is not cured within ten (10) days of service of the written notice, then the Personal Operator shall cease and desist from any further use of Personal Equipment and shall remove his, its or her Personal Equipment from RK within ten (10) days of service of the written notice. VI. FURTHER TERMS: 1. NOTICES: Any notice or other communication ("Notice") required to be given under the terms of this Agreement shall be in writing and shall become effective when personally served upon the party to be given such Notice, when posted by certified com-relay networks, or when delivered by metaphysical entity or engineered shell construct.
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2. GOVERNING LAW AND VENUE: This Agreement is to be governed by and construed under the laws of the ICC and applicable Omni-Tek General Mining Law. W.E. and Personal Operator consent to litigate any dispute under this Agreement in the ICC Superior Court. 3. SEVERABILITY: Any provision of this Agreement prohibited by the laws of the ICC or Omni-Tek, in exception to employment status, shall be ineffective to the extent of such prohibition without invalidating the remaining provisions of this Agreement. 4. LITIGATION FEES TO PREVAILING PARTY: In any litigation over this Agreement, the prevailing party (either WE or the Personal Operator) shall be entitled to reimbursement of reasonable litgation fees and costs incurred from the other party. 5. ENTIRE AGREEMENT: This Agreement sets forth the entire agreement of the parties and supersedes all previous and contemporaneous agreements, representations, warranties, and undertakings, written or oral, except for those specifically incorporated provisions of the MINING LICENSE AGREEMENT BETWEEN WHISPERS‘ EDGE AND ICC which the Personal Operator has already executed with WE. (Please note, that the foregoing exception is necessary, because this Agreement has specifically incorporated portions of a previous Agreement.) 6. MODIFICATION No modification, variation, or amendment of this Agreement shall be effective unless it is in writing and is signed by all parties to this Agreement. 7. WAIVER: No waiver of any provision of this Agreement, or waiver of any breach of this Agreement, shall be effective unless the waiver is in writing and is signed by the party against whom the waiver is claimed. No waiver of any breach shall be deemed to be a waiver of any other or subsequent breach. 8. EFFECTIVE DATE: The effective date of this Agreement shall be 1 March 29483.
