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.
is added to Article 4 a new Section 4.4B as follows:
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) –
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
(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.