CONFIDENTIALITY AGREEMENT
AMENDMENT
THIS CONFIDENTIALITY AGREEMENT AMENDMENT (this “Amendment”) is made and entered into effective the 4th day of December, 2019 (the “Effective Date”).
RECITALS
WHEREAS, Corvus Gold Nevada Inc., a Nevada corporation (“Corvus”) and AngloGold Ashanti (U.S.A.) Exploration, a Delaware corporation (“Viewer”) entered into that certain Confidentiality Agreement with an effective date of December 4, 2017 (“CA”); and
WHEREAS, Corvus and Viewer desire to amend the terms of the CA pursuant to the terms of this Amendment; and
WHEREAS, any terms not defined herein shall have the meanings set forth in the CA, as amended from time to time.
NOW, THEREFORE, in consideration of the promises, mutual covenants and agreements set forth herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and intending to be legally bound, the parties agree as follows:
AMENDMENT
1. The Term of the CA is hereby extended effective as of the Effective Date and shall, unless terminated earlier by Corvus pursuant to the terms of the CA, remain in full force and effect for a period of one (I) year from the Effective Date. Upon termination of the CA, either by the passage of time or an early termination by Corvus, all obligations of the parties shall terminate, except as otherwise specified in Article 20 of the CA.
2. The CA is hereby amended to add the following provision which is binding on the parties as of the Effective Date:
“From the Effective Date until one (1) year from the date of the termination of this Agreement, none of:
| (b) | any of its subsidiaries, associates, Affiliates or entities over which it exercises control or direction, or which exercise control or direction over it; |
will, directly or indirectly, purchase, acquire an interest in, stake, lease, claim, option, joint venture or otherwise acquire any interest, or right to acquire any interest, whatsoever in any real property or any mineral concessions, leases, claims or other form of mineral rights whatsoever, any part of which:
| (a) | lies within the external boundaries of the claims set forth in Exhibit A-Area of Interest Claims; |
3. The CA is hereby amended to add the Exhibit A – Area of Interest Claims attached to this Amendment as Exhibit A – Area of Interest Claims to the CA.
4. Except as otherwise provided in this Amendment, all terms and provisions of the CA, as amended from time to time, shall remain in full force and effect and the Viewer and Corvus hereby ratify and approve such terms.
5. This Amendment shall be binding upon the parties, and each of them, and their permitted successors and assigns.
6. This Amendment may be executed in multiple counterparts, each of which shall constitute an original and all of which shall constitute one single document, and this Amendment may be transmitted by facsimile, which shall have the full force and effect as if it were an original.
7. Nothing in this Amendment, whether express or implied, shall confer any rights or remedies under or by reason of this Amendment on any person, group or entity other than as expressly provided herein.
5. This Amendment may be executed in multiple counterparts, each of which shall constitute an original and all of which shall constitute one single document, and this Amendment may be transmitted by facsimile, which shall have the full force and effect as if it were an original.
CONFIDENTIALITY AGREEMENT
AMENDMENT
4 DECEMBER 2019
IN WITNESS WHEREOF, notwithstanding the date of execution, the patties hereto have caused this Amendment to be effective as of the Effective Date.
CORVUS GOLD NEVADA, INC.: | | |
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By: | /s/ Jeff Pontius | | |
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Name: | JEFF PONTIUS | | |
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Title: | CEO & PRESIDENT | | |
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ANGLOGOLD ASHANTI (U.S.A.) EXPLORATION, INC. | | |
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By: | /s/ Timothy G. Thompson | | |
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Name: | TIMOTHY G. THOMPSON | | |
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Title: | PRESIDENT | | |
EXHIBIT A
AREA OF INTEREST CLAIMS
Claims
Claim Name | BLM Serial No. (NMC-) |
BX #103 | 897556 |
BX #105 | 897558 |
BX #107 | 897560 |
BX #128 | 897579 |
BX #130 | 897580 |
BX #131 | 897581 |
BX #132 | 897582 |
BX #121 | 897574 |
BX #122 | 1014898 |
BX #123 | 897576 |
BX #202 | 900007 |
BX #204 | 900009 |
BX #206 | 900011 |
BX #208 | 900013 |
BX #210 | 900015 |
BX #212 | 900007 |
BX #115 | 897568 |
BX #117 | 897570 |
BX #119 | 897572 |
DX #05 | 923682 |
BX #133 | 897583 |
BX #134 | 897584 |
BX #135 | 897585 |
BX #136 | 897586 |
BX #137 | 897587 |
BX #138 | 897588 |
BX #139 | 900069 |
BX #140 | 900070 |
BX #141 | 900071 |
BX #142 | 900072 |
BX #151 | 900073 |
BX #152 | 900074 |
BX #153 | 900075 |
BX #154 | 900076 |
BX #155 | 900077 |
BX #156 | 900078 |
BX #157 | 900079 |
BX #158 | 900080 |
BX #159 | 900081 |
BX #160 | 900082 |
Exhibit A Map