Section 18, The Tonkolili Agreement Ordinance

(a) The Company may arrange that all survey work required bythe Minerals Ordinance and Minerals Rules or this Agreement to be performed in connection with the clearing survey demarcation and beaconing of boundaries and otherwise including beaconing of exclusive prospecting licences mining rights mining leases and surface land occupied in working mining leases shall be carried out by a licensed surveyor approved by the Government Provided that nothing in this clause shall be deemed to affect in any way the exemption from clearing survey demarcation and beaconing specified in Clauses 3 (b) and 6 (d) hereof Provided further that if at any time or from time to time there shall be any dispute between the Company and any Tribal Authority or adjacent owner in regard to any boundary or common boundary respectively the Government may cause such disputed boundary to be cleared surveyed demarcated and beaconed by the Director of Surveys and Lands whose determination shall be final. The Director of Surveys and Lands shall also determine by which party to the dispute the costs of such survey shall be borne or may determine that such costs be borne by both parties in such proportion as the Director of Surveys and Lands shall indicate. (b) The Company shall not be obliged to clear survey demarcate or beacon the boundaries of any mining rights or mining leases which at the time of grant lie wholly within the Tonkolili areas or the delimited areas or the demised areas as the case may be Provided that if the area of any such mining right or lease ceases to be wholly surrounded by the Tonkolili areas or the delimited areas or the demised areas the Company shall subject to paragraph (a) of this clause clear survey demarcate and beacon its boundaries as is required by the Minerals Ordinance and the Minerals Rules but subject to the provisions of this Agreement.