Exemption Orders Sample Clauses

Exemption Orders. 6.4.1 As at the date of the Fifth Amendment Agreement, the Nickel Concentrate Exemption Order (2009), the Copper Concentrate Exemption Order (2009) and the Matte Plant Exemption Order remain in full force and effect. 6.4.2 Effective immediately following the effectiveness of this Fifth Amendment Agreement, and in order to ensure continuity of operations and avoid a significant layoff of workers at the Mine pending the completion of the Processing Plant, the Government shall issue the Nickel Concentrate Exemption Order (2013) (which by its terms shall terminate the Nickel Concentrate Exemption Order (2009)). Further, as an administrative matter, the Government shall also issue (a) the Copper Concentrate Exemption Order (2013) (which by its terms shall terminate the Copper Concentrate Exemption Order (2009)), and (b) an order terminating the Matte Plant Exemption Order. 6.4.3 The Nickel Concentrate Exemption Order (2013) shall serve to increase the maximum aggregate amount of permitted shipments of Nickel-in-Concentrate from the Province by 94,000 tonnes over and above the 440,000 tonnes which were permitted under the Nickel Concentrate Exemption Order (2009) (such additional permitted shipments of Nickel-in-Concentrate, the “Additional Exemption”). 6.4.4 The Nickel Concentrate Exemption Order (2013) shall also provide that: (a) no more than 61,000 tonnes of Nickel-in- Concentrate shall be shipped from the Province in 2013 (of which 41,700 tonnes are part of the Additional Exemption); and (b) no more than 38,000 tonnes of Nickel-in-Concentrate shall be shipped from the Province in 2014. 6.4.5 The amount of the Additional Exemption has been determined based on the Proponent’s planned production levels at the Mine over the 2013-2015 period and planned consumption rates of Nickel Concentrate at the Processing Plant during “Phase 2” under the Revised Implementation Plan, as set forth in Section 4.2A.1. If the Proponent does not import into the Province some or all of the expected 10,000 tonnes of nickel contained in PTVI Matte by 30 June 2014 for processing at the Processing Plant as required by Section 4.2A.1 (whether because the Commissioning of the Processing Plant during such “Phase 2” proceeds at a faster-than-expected rate or because such PTVI Matte is not available due to production interruptions at PT Vale Indonesia tbk or otherwise), then the Government may amend the Nickel Concentrate Exemption Order (2013) in order to reduce the Additional Exemption o...