No more secret deals? No! More secret deals!
3.2.2 The Milestone Date of "Within 18 months following the actual date of Phase 1 Completion" is deleted where it appears in Section (c) in the Table following Section 4.1A.2.
3.2.5 There is added to Article 4 a new Section 4.4B as follows:
4.4B Definitive Unprocessed Nickel Charge (2014) The Proponent shall pay to Government a definitive unprocessed nickel charge in respect of Nickel-in Concentrate exported from the Province pursuant to the Additional Exemption (2014) ("Definitive Unprocessed Nickel Charge (2014)"). The Definitive Unprocessed Nickel Charge (2014) shall be calculated using the same formula as is currently in Section 4.4A of the Agreement in respect of the Definitive Unprocessed Nickel Charge, but the rate of 8% shall be increased to 11% in respect of the Definitive Unprocessed Nickel Charge (2014). All other provisions of Section 4.4A shall apply to the calculation of the Definitive Unprocessed Nickel Charge (2014), mutatis mutandis.
3.2.6 Section 4.7A.2 is amended by deleting the date "30 September 2014" and replacing it by the date "30 April 2015"
3.5.1 The Table following Section 15.5 is amended by deleting therefrom the last line "4.1A.2(c) – Processing Plant. "Phase 2" Completion (18 months following the date of "Phase 1" Completion) – 90 days".
4.6 Confidentiality. The Government and Proponent agree that the provisions and information described below each contains commercially sensitive information and shall be maintained in strictest confidence and not disclosed to the public, all in accordance with the provisions of Article 9 of the Agreement:
(a) the Milestone Date provided in Section 3.2.2 of this Sixth Amendment Agreement;
(b) the amount of the Definitive Unprocessed Nickel Charge (2014);
(c) the date upon which the Benefits Plan shall be agreed upon as provided in Section 3.2.6 of this Sixth Amendment Agreement;
(d) the removal of a “Phase 2” Completion date under Section 3.5.1 of this Sixth Amendment Agreement; and
(e) this Section 4.6.
Notwithstanding the foregoing, the provisions and information described in Section 4.6 may be disclosed to the public when such information is no longer commercially sensitive as determined by the Parties acting reasonably, and the provisions of Section 9.3 of the Agreement shall not apply to any such disclosure, provided that the particulars of the dollar amounts of the Liquidated Damages and the Contingent Unprocessed Nickel Charge may only be disclosed with the prior Approval of the Proponent.
The Parties acknowledge and agree that this Section 4.6 shall not apply to preclude the public disclosure in general terms by the Government of the nature and effect of this Sixth Amendment Agreement, nor prevent the disclosure by the Government of any information concerning the subject matter of this Sixth Amendment Agreement which has been publically disclosed by the Government prior to the date hereof.