SUCH PERSON, PROVIDED THAT IF SUCH REPORT OR
OPINION IS FURNISHED BY A DIRECTOR, OFFICER OR EMPLOYEE OF US GOLD, ALBERTA ULC
AND/OR CANADIAN EXCHANGE CO. IT SHALL BE IN THE FORM OF AN OFFICER'S CERTIFICATE
OR A STATUTORY DECLARATION.
(4)
EACH STATUTORY DECLARATION, OFFICER'S
CERTIFICATE, OPINION OR REPORT FURNISHED TO THE TRUSTEE AS EVIDENCE OF
COMPLIANCE WITH A CONDITION PROVIDED FOR IN THIS AGREEMENT SHALL INCLUDE A
STATEMENT BY THE PERSON GIVING THE EVIDENCE:
(A)
DECLARING THAT SUCH PERSON HAS READ AND
UNDERSTANDS THE PROVISIONS OF THIS AGREEMENT RELATING TO THE CONDITION IN
QUESTION;
(B)
DESCRIBING THE NATURE AND SCOPE OF THE
EXAMINATION OR INVESTIGATION UPON WHICH SUCH PERSON BASED THE STATUTORY
DECLARATION, CERTIFICATE, STATEMENT OR OPINION; AND
(C)
DECLARING THAT SUCH PERSON HAS MADE SUCH
EXAMINATION OR INVESTIGATION AS SUCH PERSON BELIEVES IS NECESSARY TO ENABLE THEM
TO MAKE THE STATEMENTS OR GIVE THE OPINIONS CONTAINED OR EXPRESSED THEREIN.
6.10
EXPERTS, ADVISERS AND AGENTS
The Trustee may:
(A)
IN RELATION TO THESE PRESENTS ACT AND RELY
ON THE OPINION OR ADVICE OF OR INFORMATION OBTAINED FROM ANY SOLICITOR,
ATTORNEY, AUDITOR, ACCOUNTANT, APPRAISER, VALUER OR OTHER EXPERT, WHETHER
RETAINED BY THE TRUSTEE OR BY US GOLD, ALBERTA ULC AND/OR CANADIAN EXCHANGE CO.
OR OTHERWISE, AND MAY RETAIN OR EMPLOY SUCH ASSISTANCE AS MAY BE NECESSARY TO
THE PROPER DETERMINATION AND DISCHARGE OF ITS POWERS AND DUTIES AND
DETERMINATION OF ITS RIGHTS OR DUTIES HEREUNDER AND MAY
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PAY PROPER AND REASONABLE COMPENSATION FOR ALL SUCH LEGAL AND OTHER ADVICE OR
ASSISTANCE AS AFORESAID;
(B)
EMPLOY SUCH AGENTS AND OTHER ASSISTANCE AS
IT MAY REASONABLY REQUIRE FOR THE PROPER DETERMINATION AND/OR DISCHARGE OF ITS
POWERS AND DUTIES HEREUNDER; AND
(C)
PAY REASONABLE REMUNERATION FOR ALL
SERVICES PERFORMED FOR IT (AND SHALL BE ENTITLED TO RECEIVE REASONABLE
REMUNERATION FOR ALL SERVICES PERFORMED BY IT) IN THE DISCHARGE OF THE TRUSTS
HEREOF AND COMPENSATION FOR ALL REASONABLE DISBURSEMENTS, COSTS AND EXPENSES
MADE OR INCURRED BY IT IN THE DISCHARGE OF ITS DUTIES HEREUNDER AND IN THE
MANAGEMENT OF THE TRUST.
6.11
INVESTMENT OF MONEYS HELD BY TRUSTEE
Unless otherwise provided in this agreement, any moneys held by or on behalf of
the Trustee which under the terms of this agreement may or ought to be invested
or which may
be on deposit with the Trustee or which may be in the hands of the
Trustee may be invested or reinvested in the name or under the control of the
Trustee in securities in which, under the laws of the Province of Ontario,
trustees are authorized to invest trust moneys, provided that such securities
are stated to mature within two years after their purchase by the Trustee and
the Trustee shall so invest such money on the written direction of Canadian
Exchange Co. Pending the investment of any money as herein provided such moneys
may be deposited in the name of the Trustee in any chartered bank in Canada or,
with the consent of Canadian Exchange Co., in the deposit department of