When drafting these agreements the conditions that need to be satisfied are generally for the benefit of one of the parties, usually the buyer where the condition is something that the buyer needs to satisfy, such as DD, shareholder approval, regulatory approval etc, as the buyer doesn't want to get penalised in the event that a condition that is for their benefit doesn't get satisfied. When a condition is for the buyer's benefit, only the buyer can terminate the contract in the event that the condition isn't satisfied, or the buyer can elect to waive their reliance on the condition. The seller is then entitled to retain a deposit when the buyer has satisfied or waived all of the conditions and then fails to perform the contract.
Given that the ore supply agreements also have a condition that they are subject to re-compliance, it is for WFE's benefit and the proposed ore suppliers likely cannot terminate the agreements.
WFE Price at posting:
2.4¢ Sentiment: Buy Disclosure: Held