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 OR TO AN "APPENDIX" ARE
TO AN ARTICLE, SECTION, PREAMBLE, RECITAL OR SUBDIVISION HEREOF OR AN "APPENDIX"
HERETO; AND
18
(VIII) REFERENCES TO ANY PERSON OR ENTITY INCLUDE SUCH PERSON'S OR ENTITY'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 7.14
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.
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IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date
first written above.
APEX SILVER MINES LIMITED
By:
/s/ Jeffrey Clevenger
Jeffrey Clevenger
Its:
President & CEO
SUMITOMO CORPORATION
By:
/s/ Mitsuhiko Yamada
Mitsuhiko Yamada
Its:
Executive Officer and General Manager,
Mineral Resources Division 1