Mining Development Contract, and all other property (including without limitation, all titles in
tenements, rights, authorisations, licences and approvals) acquired for the purposes of or held
pursuant to the Porgera Joint Venture and includes all rights under the Joint Venture
"Completion" means completion of the sale and purchase of the Assets in accordance with
the terms of the Sale Deed.
"Effective Date" means 1 April 2007.
“Non-Assigning Parties” means Goldfields and MRE.
"Porgera Joint Venture" means the joint venture so known formed to develop and operate
the gold mine and related infrastructure known as the Porgera Mine in the Enga province of
Papua New Guinea referred to in the Porgera Joint Venture Agreements.
"Porgera Joint Venture Agreements" means the Porgera Joint Venture Agreement as
restated on 21 March 1990, and all related and prior agreements as are still in effect, including
the Operating Agreement, as amended, novated and restated from time to time.
"Sale Deed" means the Joint Venture Interest Sale Deed between Barrick Gold Corporation,
Barrick (Niugini) Limited, Emperor Mines Limited and DRD (Porgera) Limited entered into
on [INSERT DATE].
"Titles" means the tenements in the Independent State of Papua New Guinea forming part of
In this Deed:
headings are for convenience only and do not affect interpretation;
and unless the context indicates a contrary intention:
an obligation or a liability assumed by, or a right (including the Licences) conferred
on, 2 or more persons binds or benefits them severally (and not jointly or jointly
"person" includes an individual, the estate of an individual, a corporation, an
authority, an association or a joint venture (whether incorporated or
unincorporated), a partnership and a trust;
a reference to a party includes that party's executors, administrators, successors and
permitted assigns, including persons taking by way of novation;
a reference to a document (including this Deed) is to that document as varied,
novated, ratified or replaced from time to time;
a reference to a statute includes its delegated legislation and a reference to a statute
or delegated legislation or a provision of either includes consolidations,
amendments, re-enactments and replacements;
a word importing the singular includes the plural (and vice versa), and a word
indicating a gender includes every other gender;
a reference to a party, clause, schedule, exhibit, attachment or annexure is a
reference to a party, clause, schedule, exhibit, attachment or annexure to or of this