Legal

This website contains "forward-looking statements" within the meaning of Section 27A of the Securities Act of 1933, as amended, and Section 21E of the Securities Exchange Act of 1934, as amended, which are intended to be covered by the safe harbour created by such sections and other applicable laws.

Where a forward-looking statement expresses or implies an expectation or belief as to future events or results, such expectation or belief is expressed in good faith and believed to have a reasonable basis.

However, such statements are subject to risks, uncertainties and other factors, which could cause actual results to differ materially from future results expressed, projected or implied by the forward-looking statements. Forward-looking statements often address our expected future business and financial performance and financial condition; and often contain words such as "anticipate," "intend," "plan," "will," "would," "estimate," "expect," "believe," "target," "indicative," "preliminary," or "potential." Forward-looking statements in this news release may include, without limitation:

(i) estimates of future production and sales, including production outlook, average future production, upside potential and indicative production profiles;

(ii) estimates of future costs applicable to sales and all-in sustaining costs;

(iii) estimates of future capital expenditures, including development and sustaining capital;

(iv) estimates of future cost reductions, full potential savings, value creation, improvements, synergies and efficiencies;

(v) expectations regarding the projects, as well as the development, growth and exploration potential of the Company's other operations, projects and investments, including, without limitation, returns, IRR, schedule, approval and decision dates, mine life and mine life extensions, commercial start, first production, average production, average costs, impacts of improvement or expansion projects and upside potential;

(vi) expectations regarding future investments or divestitures;

(vii) expectations regarding free cash flow, and returns to stockholders, including with respect to future dividends and future share repurchases;

(viii) expectations regarding future mineralization, including, without limitation, expectations regarding reserves and recoveries;

(ix) estimates of future closure costs and liabilities, including, without limitation, expectations with respect to water treatment and other costs;

(x) expectations regarding the timing and/or likelihood of future borrowing, future debt repayment, financial flexibility and cash flow; and

(xi) expectations regarding the impact of Covid-19 and variants thereof;

(xii) expectations regarding the outcome of the strategic alliance with Caterpillar, future development of new equipment and technologies, and achievement of related goals, including, without limitation, the goal of zero carbon emitting systems, targets for CC&V and Tanami and related timelines; and

(xiii) expectations related to other energy and climate investments and achievement of targets, including, without limitation, the goals of climate targets of a 30% reduction in greenhouse gas emissions by 2030, with an ultimate goal of achieving net zero carbon emissions by 2050.

Estimates or expectations of future events or results are based upon certain assumptions, which may prove incorrect.

Such assumptions, include, but are not limited to:

(i) There is no significant change to current geotechnical, metallurgical, hydrological and other physical conditions;

(ii) permitting, development, operations and expansion of operations and projects is consistent with current expectations and mine plans, including, without limitation, receipt of export approvals;

(iii) political developments in any jurisdiction in which the Company operates is consistent with its current expectations;

(iv) certain exchange rate assumptions being approximately consistent with current levels;

(v) certain price assumptions for gold, copper, silver, zinc, lead and oil;

(vi) prices for key supplies being approximately consistent with current levels;

(vii) the accuracy of current mineral reserve and mineralized material estimates; and

(viii) other planning assumptions.

Uncertainties relating to the impacts of Covid-19 include without limitation, general macroeconomic uncertainty and changing market conditions, changing restrictions on the mining industry in the jurisdictions in which we operate, the ability to operate following changing governmental restrictions on travel and operations (including, without limitation, the duration of restrictions, including access to sites, ability to transport and ship doré, access to processing and refinery facilities, impacts to international trade, impacts to supply chain, including price, availability of goods, ability to receive supplies and fuel, impacts to productivity and operations in connection with decisions intended to protect the health and safety of the workforce, their families and neighboring communities), the impact of additional waves or variations of Covid, and the availability and impact of Covid vaccinations in the areas and countries in which we operate.

Investors are reminded that future dividends have not yet been approved or declared by the Board of Directors, and an annualized dividend payout or dividend yield has not been declared by the Board. Management's expectations with respect to future dividends are "forward-looking statements" and the Company's dividend framework is non-binding.

The declaration and payment of future dividends remain at the discretion of the Board of Directors and will be determined based on Newmont's financial results, balance sheet strength, cash and liquidity requirements, future prospects, gold and commodity prices and other factors deemed relevant by the Board. Investors are also cautioned that the extent to which the Company repurchases its shares, and the timing of such repurchases, will depend upon a variety of factors, including trading volume, market conditions, legal requirements, business conditions and other factors.

The repurchase program may be discontinued at any time. The program does not obligate the Company to acquire any specific number of shares of its common stock or repurchase the full authorized amount during the authorization period. Consequently, the Board of Directors may revise or terminate such share repurchase authorization in the future.

For a more detailed discussion of risks and other factors that might impact future looking statements, see the Company's Annual Report on Form 10-K and Company's Quarterly Report on Form 10-Q filed with the U.S. Securities and Exchange Commission (the "SEC"), under the heading "Risk Factors", available on the SEC website or www.newmont.com. The Company does not undertake any obligation to release public revisions to any "forward-looking statement," including, without limitation, outlook, to reflect events or circumstances after the date of this news release, or to reflect the occurrence of unanticipated events, except as may be required under applicable securities laws.

Investors should not assume that any lack of update to a previously issued forward-looking statement constitutes a reaffirmation of that statement. Continued reliance on forward-looking statements is at investors' own risk.

Newmont Corporation ("Newmont") operates the website located at www.proveedoreslocalespenasquito.mx ("the Website"). The Web Site contains content applicable to Newmont and its subsidiaries (collectively "we" or "us"). Please read these Terms of Use (this "Agreement") carefully. After reading this Agreement, if you do not agree to abide by it, please exit this Web Site immediately and do not use this Web Site in its entirety or any part of its content again. This Agreement is between Newmont and the individual accessing and using this Web Site or, if such individual is representing and using the Web Site on behalf of a company or other entity, that company or entity (in both cases "You").

Newmont and You agree as follows:

Use of the Web Site
. You may use this Web Site and its content (defined as such in Section 3 of this Agreement) only for purposes within the meaning of the law, in accordance with the terms of this Agreement. Newmont reserves the right, at any time in its sole discretion, to modify, suspend or discontinue the Web Site (or any part thereof) with or without notice to You.

2. Duration and Term
This Agreement will be effective upon Your first access of this Web Site and will continue in effect for as long as this section provides. Newmont may terminate this Agreement immediately, for any reason or no specific reason, with or without notice to You. You may terminate this Agreement upon notice to Newmont, which termination will be effective 10 business days after the effective date of notice of termination (defined in detail in Section 11 of this Agreement). Once this Agreement has terminated, all rights granted to You under this Agreement will cease, and You must discontinue any access to any portion of this Web Site or its contents. Any provision of this Agreement that, in general terms, could reasonably be construed as intended to survive the expiration or termination of this Agreement for any reason.

3. Content and Trademarks
The text, files, images, graphics, illustrations, information, data, audio, video, photographs and any content available on this Web Site or provided by or through this Web Site, including the Services (collectively, "Internet Content") are protected by intellectual property rights of their owners. You acknowledge that the Internet Content constitutes valuable property and that, except as otherwise provided by this Agreement or by the Web Site as between You and Newmont, all title and ownership rights in and to the Internet Content remain with Newmont exclusively. Your access to and use of any Internet Content is also subject to any license or other agreement outside of this Agreement that You may enter into (or have entered into) with any of Us or Our respective licensors ("Our Licensors") relating to that particular Internet Content (each such license or Agreement, a "Content Agreement"). Except as expressly set forth below in this Agreement or any Content Agreement, You have not received any license or rights, whether by implication, estoppel, or otherwise, in the Web Site or within the Internet Content, or any intellectual property rights contained therein or related thereto, and You may not modify, reproduce, perform, display, create derivative works from, republish, post, display, transmit, participate in the transfer or sale of, distribute, or otherwise exploit any portion of the Web Site or Internet Content without Newmont's prior written permission. You acknowledge that all trademarks, registered trademarks, service marks, logos, logos, banners and page headers displayed on the Web Site (collectively, the "Marks") constitute valuable property and therefore, except as displayed on the Web Site, as between You and Newmont, all title and ownership rights in the Marks remain solely with Newmont. Except as expressly stated in this Agreement, You will not display, link to or use the Marks without the prior written permission of Newmont or, if otherwise expressly stated, the owner of such Mark.

4. Posting and Uploading Content
This Web Site may include forums, bulletin boards, chat rooms or other venues through which You may provide or upload Internet Content to the Web Site ("Submitted Content"). You should not provide or upload Submitted Content that: (a) is libelous, defamatory, obscene, abusive, pornographic, threatening, or invasive of privacy; (b) represents an infringement or misappropriation of another's intellectual property rights; (c) is illegal or otherwise advocates illegal activity; or (d) an advertisement or solicitation of funds, goods or services. You represent and warrant to Newmont that You have all right, title and interest in and to any Provisioned Content that You have provided or uploaded to the Site, and that You have sufficient rights to grant Newmont the rights discussed in this Agreement. By providing or uploading any Provided Content to the Web Site, unless otherwise stated in another agreement made between You and Newmont in connection with Your provision or uploading of such Provided Content, You grant Us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, copy, store, reproduce, modify, display, adapt, publish, translate, create derivative works from, distribute and display such Provided Content worldwide in any form (Use). In addition, You waive all moral rights in the Provided Content, or warrant that all moral rights applicable to such content have been waived. You also grant Us the right to Use Your name in connection with the use of such Provided Content.

5. Conduct
You may not, and will not permit any third party to: (a) use the Web Site to harvest or collect e-mail or other contact information from other users of the Web Site by electronic or other means; (b) use the Web Site to unlawfully or otherwise damage, disable, overburden or impair the Web Site; (c) use automated scripts to harvest information from or interact with the Web Site; or (d) use the Web Site to threaten or harass any individual or entity; (e) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code or method of operation of this Web Site; (f) remove, circumvent or bypass any electronic protection measures on the Web Site; (g) remove, alter or obscure any intellectual property or proprietary rights notices contained on the Web Site; or (h) upload to the Web Site or deliver to Newmont any code, instruction or device capable of, or intended to, access, modify, delete, disable, disrupt or damage the Web Site or the operation of the Web Site, including, without limitation, any virus, Trojan horse, worm, spyware, trapdoor, backdoor, disabling device, or destructive or self-replicating code.

6. Claim of Infringement
Newmont respects the proprietary and other intellectual property rights of users of the Website and third parties. If You believe, in good faith, that Your copyrighted work has been reproduced on this Web Site without authorization and in a manner that constitutes copyright infringement, You should notify:

Newmont Corporation
Attn: Communications Department
6900 E Layton Ave, Ste 700
Denver, CO 80237

Please include the following information in such communication: (a) the identity of the work that has been infringed, and of the work that has committed such infringement; (b) Your name, address, daytime telephone number, and if available, email address; (c) a statement that You have a good faith belief that the use of the copyrighted work has not been authorized by its owner, its owner's agent, or the law; (d) a statement of the accuracy of the communication and, under penalty of perjury, that You are authorized to act on behalf of the owner; and (e) Your physical signature.

7. Representations and Warranties
You hereby represent, warrant and covenant for Our benefit and the benefit of Our Licensors that: (a) You have the legal right and authority to enter into this Agreement and, that You are not entering into this Agreement on behalf of a company or other entity, to bind such company or entity to comply with the terms of this Agreement; (b) You have the legal right and authority to perform Your obligations under this Agreement and to grant rights and licenses described in this Agreement and in any applicable additional agreements You enter into in connection with the Web Site or any of the Internet Content; and (c) all information You provide in connection with this Agreement and Your access to and use of the Web Site and the Internet Content is accurate and current.

8. Disclaimer and Limitation of Liability
Disclaimer of Liability. The Web Site and Web Content are provided by newmont "as is" and "as available" without warranties of any kind, nor do we or our licensors represent or endorse the accuracy or reliability of any advice, opinion, statement, software, or other information displayed on, downloaded from, or distributed through this Web Site or through links on this Web Site, nor do we control or endorse any third party content or services that may be accessed through links included on this Web Site. You understand that by using this website, you may be exposed to content that you may find offensive, indecent or objectionable. Your access to the Web Site is at your own risk and you are solely responsible for any damages or liabilities you incur in connection with your access to the Web Site and your use of the content of the Web Site. Except where the laws and regulations of a particular jurisdiction relating to warranties cannot be waived or excluded by agreement, newmont expressly disclaims all warranties, express or implied, relating to the Web Site and the Web Site Content, including, but not limited to, all warranties of title, non-infringement, merchantability and fitness for a particular purpose. You acknowledge that the current state of technology does not permit totally error-free access to the Web Site and interruptions, crashes and downtime are beyond newmont's control and may occur from time to time. Limitation. In no event will we or our licensors be liable for any damages, including direct, consequential, special, indirect, exemplary or punitive damages, whether in contract, tort or other legal theory, in connection with your access to or use of (or your failure to access or use) this Web Site or any of the content provided on or accessed through the Web Site, even if we or our licensors have been advised of the possibility of such damages and notwithstanding any failure of essential purpose or any limited remedy. The aggregate liability of each of us and our licensors for any damages arising out of this agreement or in connection with this agreement to access and use this web site or any content on this web site is limited to $250.

9. Indemnification
You will indemnify, defend, and hold Us, Our Licensors, and Our and Our Licensors' employees, agents, contractors, assigns, licensees, and successors-in-interest (collectively "Indemnified Party") harmless from any claims, losses, liabilities, damages, fees, expenses, and costs (including attorneys' fees, court costs, damage awards, and settlement amounts) resulting from any claim or allegation against any Indemnified Party arising out of Your access to or use of the Website or the Website or Your use of the Website or the Website, court costs, damage awards and settlement amounts) resulting from any claim or allegation against any Indemnified Party arising when You access or use the Web Site or any Internet content, You providing or uploading any Provided Content to the Web Site, or if You breach or allegedly breach any term of this Agreement; provided that this waiver will not so apply if caused by the negligence or willful misconduct of the Indemnified Party. Newmont will advise You of any such claim or allegation, and Newmont will be entitled to participate in the defense of any such claim and its expense.

10. Notices
Except as expressly provided in this Agreement, any notice required or permitted under this Agreement will be in writing. Notices will be delivered to Newmont by postal mail, addressed to "Attention Communications" at the corporate offices listed by Newmont on the "Contact Us" button on the Web Site, and such notice will be returned to You if undeliverable. If applicable law requires Newmont to accept notices by e-mail (but not otherwise), You may send a notice to Newmont by e-mail to contactus@newmont.com. With respect to Newmont's notices to You, Newmont may send notice by posting the notice on its Web Site, that notice will be deemed given 24 hours after it is posted on the Web Site, and You should periodically check the Web Site for such notices. In addition, Newmont may instead send a notice by e-mail, using the e-mail address that You registered on the Web Site. Notices sent by e-mail will be considered delivered 24 hours after the e-mail is sent, unless the sender of the e-mail is notified that the e-mail address is invalid or the e-mail delivery has failed.

11. General Terms
Assignment. You may not assign, delegate or transfer this Agreement or any of Your rights in this Agreement, by operation of law or otherwise, and any attempt to do so will be void. Integration; Waiver; Interpretation. This Agreement assumes in advance the entire agreement between its parties, and supersedes any and all oral or written agreements or understandings between the parties with respect to the subject matter of this Agreement. The waiver by either party or breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach. In the event of any ambiguity or doubt as to intent or interpretation, this Agreement shall be construed as if drafted jointly by the parties hereto and no evidence shall be presumed or burdened favoring or disfavoring either party by virtue of the authorship of any of the provisions of this Agreement.

Severability. If for any reason, any provision of this Agreement shall be held invalid or unenforceable in whole or in part in any jurisdiction, that provision shall, as to such jurisdiction, be ineffective as to its invalidity or unenforceability, without in any way affecting its validity or enforceability as to any other jurisdiction or as to the other provisions in any jurisdiction.

Jurisdiction and Venue. This Agreement shall be governed by the laws of the State of Colorado, except where such laws, rules, regulations and legal cases would result in the application of the laws of a jurisdiction other than the State of Colorado. The parties specifically exclude the application of the United Nations Agreement on the Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act. You hereby irrevocably and unconditionally consent to jurisdiction and venue in the state and federal courts located in Dever, Colorado (USA) and agree that such state and federal courts shall be the exclusive forum for the resolution of any dispute relating to, arising out of, or arising under this Agreement. In the event of a dispute, the prevailing party shall be entitled to recover reasonable expenses and attorneys' fees from the other party.

Modifications. We reserve the right, at any time and without prior notice, to add, change, update or modify the Web Site, the Web Site Content and this Agreement, simply by posting such addition, change, update or modification to the Web Site. Any such addition, change, update or modification will be effective immediately upon posting on the Web Site. If We decide to change the privacy statement in Section 10, unless We request and receive Your consent, We will continue to use the information previously submitted to Newmont in accordance with the terms under which such information was collected.

Intended Beneficiaries. Newmont's subsidiaries and Our Licensors are the intended beneficiaries of all rights specifically arising out of this Agreement, with full right and authority to enforce such obligations.