AND COMPARABLE TERMS REFER TO THE ENTIRETY OF
THIS AGREEMENT, AND NOT TO ANY PARTICULAR ARTICLE, SECTION, OR OTHER SUBDIVISION
HEREOF; (III) ANY PRONOUN SHALL INCLUDE THE CORRESPONDING MASCULINE, FEMININE,
AND NEUTER FORMS; (IV) THE SINGULAR INCLUDES THE PLURAL AND VICE VERSA;
(V) REFERENCES TO ANY AGREEMENT OR OTHER DOCUMENT ARE TO SUCH AGREEMENT OR
DOCUMENT AS AMENDED, MODIFIED, SUPPLEMENTED, AND RESTATED NOW OR HEREAFTER FROM
TIME TO TIME; (VI) REFERENCES TO ANY STATUTE OR REGULATION ARE TO IT AS AMENDED,
MODIFIED, SUPPLEMENTED, AND RESTATED NOW OR HEREAFTER FROM TIME TO TIME, AND TO
ANY CORRESPONDING PROVISIONS OF SUCCESSOR STATUTES OR REGULATIONS; (VII) EXCEPT
AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, REFERENCES TO "ARTICLE,"
"SECTION," "PREAMBLE," "RECITAL," OR ANOTHER SUBDIVISION ARE TO AN ARTICLE,
SECTION, PREAMBLE, RECITAL OR SUBDIVISION HEREOF; AND (VIII) REFERENCES TO ANY
PERSON INCLUDE SUCH PERSON'S RESPECTIVE SUCCESSORS AND PERMITTED ASSIGNS.
(B)
ANY REFERENCE HEREIN TO A "DAY" OR NUMBER OF "DAYS" (WITHOUT THE
EXPLICIT QUALIFICATION OF "BUSINESS") SHALL BE DEEMED TO REFER TO A CALENDAR DAY
OR NUMBER OF CALENDAR DAYS.
IF ANY ACTION OR NOTICE IS TO BE TAKEN OR GIVEN ON
OR BY A PARTICULAR CALENDAR DAY, AND SUCH CALENDAR DAY IS NOT A BUSINESS DAY,
THEN SUCH ACTION OR NOTICE MAY BE TAKEN OR GIVEN ON THE NEXT SUCCEEDING BUSINESS
DAY.
(C)
ANY FINANCIAL OR ACCOUNTING TERMS THAT ARE NOT OTHERWISE DEFINED
HEREIN SHALL HAVE THE MEANINGS GIVEN THERETO UNDER GAAP.
SECTION 6.15
RULES OF CONSTRUCTION.
THE PARTIES AGREE THAT THEY
HAVE BEEN REPRESENTED BY COUNSEL DURING THE NEGOTIATION, PREPARATION, AND
EXECUTION OF THIS AGREEMENT AND, THEREFORE, WAIVE THE APPLICATION OF ANY LAW OR
RULE OF CONSTRUCTION PROVIDING THAT AMBIGUITIES IN AN AGREEMENT OR OTHER
DOCUMENT SHALL BE CONSTRUED AGAINST THE PARTY DRAFTING SUCH AGREEMENT OR
DOCUMENT.
[Remainder of page intentionally left blank]
16
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date
first written above.
APEX SILVER MINES SWEDEN AB
By:
/s/ Marcel DeGuire
Marcel DeGuire
Its:
Marcel DeGuire Director
17
SUMITOMO CORPORATION
By:
/s/ Mitsuhiko Yamada
Mitsuhiko Yamada
Its:
Executive Officer and General Manager,
Mineral Resources Division 1
18