Common use of Existing Operations Clause in Contracts

Existing Operations. 7.5.1.1 Subject to Clause 7.5.1.2, PT-FI shall have the right, without the need to obtain the consent of PT-RTZ, to continue to carry on Mining activities with the use of the PT-FI Available Assets, including activities which, through optimisation or fine tuning of its operations and facilities, may result in treatment of ore at a rate in excess of 118,000 tonnes per day and shall have the right to use and make changes to the PT-FI Available Assets so long as such activities do not prejudice the undertaking of the first Approved Expansion Project at the current millsite, as described in Clause 10.5. 7.5.1.2 PT-FI will not undertake any Expansion project (as opposed to optimisation or fine tuning) in Contract Area Block A other than as part of Joint Operations or take any other action which will prejudice the undertaking of the first Approved Expansion Project at the current millsite, provided that, if no project for Expansion which meets the criteria specified in, or agreed pursuant to, Clause 10.5 has been proposed by PT-RTZ to the Operating Committee before the tenth anniversary of the Effective Date, the following provisions shall apply: (i) the foregoing limitation on PT-FI's ability to enter into an Expansion project other than as part of Joint Operations shall no longer be applicable, (ii) PT-FI shall be entitled to enter into such a project either as a Sole Risk Venture or, if it elects at its option to offer PT-RTZ a right of participation and PT-RTZ accepts such offer, as part of Joint Operations, in which latter event, RTZ Lender shall remain obliged to make available the loan funds contemplated by the RTZ Loan Agreement, and (iii) except as set out in the immediately preceding item (ii), PT-RTZ will not have a right to participate in any revenues from nor will it be obliged to contribute to any costs in respect of Contract Area Block A, even after the Cut-off Date, except with respect to Joint Operations Greenfield Projects and Sole Risk Ventures in Contract Area Block A in which PT-RTZ has participated. 7.5.1.3 PT-FI shall be entitled to receive and retain 100% of all revenues, including Sales Revenues, from Contract Area Block A: (i) prior to the Sharing Commencement Date, except for any revenues from Joint Operations Greenfield Projects and Sole Risk Ventures in which PT-RTZ shall have participated, and (ii) from the Sharing Commencement Date until the Cut-Off Date, except for Incremental Expansion Revenues and any revenues from Joint Operations Greenfield Projects and Sole Risk Ventures in which PT-RTZ shall have participated.

Existing Operations. 7.5.1.1 Subject to Clause 7.5.1.2, PT-FI shall have the right, without the need to obtain the consent of PT-RTZ, to continue to carry on Mining activities with the use of the PT-FI Available Assets, including activities which, through optimisation or fine tuning of its operations and facilities, may result in treatment of ore at a rate in excess of 118,000 tonnes per day and shall have the right to use and make changes to the PT-FI Available Assets so long as such activities do not prejudice the undertaking of the first Approved Expansion Project at the current millsite, as described in Clause 10.5. 7.5.1.2 PT-FI will not undertake any Expansion project (as opposed to optimisation or fine tuning) in Contract Area Block A other than as part of Joint Operations or take any other action which will prejudice the undertaking of the first Approved Expansion Project at the current millsite, provided that, if no project for Expansion which meets the criteria specified in, or agreed pursuant to, Clause 10.5 has been proposed by PT-RTZ to the Operating Committee before the tenth anniversary of the Effective Date, the following provisions shall apply: (i) the foregoing limitation on PT-PT- FI's ability to enter into an Expansion project other than as part of Joint Operations shall no longer be applicable, (ii) PT-FI shall be entitled to enter into such a project either as a Sole Risk Venture or, if it elects at its option to offer PT-RTZ a right of participation and PT-RTZ accepts such offer, as part of Joint Operations, in which latter event, RTZ Lender shall remain obliged to make available the loan funds contemplated by the RTZ Loan Agreement, and (iii) except as set out in the immediately preceding item (ii), PT-RTZ will not have a right to participate in any revenues from nor will it be obliged to contribute to any costs in respect of Contract Area Block A, even after the Cut-off Date, except with respect to Joint Operations Greenfield Projects and Sole Risk Ventures in Contract Area Block A in which PT-RTZ has participated. 7.5.1.3 PT-FI shall be entitled to receive and retain 100% of all revenues, including Sales Revenues, from Contract Area Block A: (i) prior to the Sharing Commencement Date, except for any revenues from Joint Operations Greenfield Projects and Sole Risk Ventures in which PT-RTZ shall have participated, and (ii) from the Sharing Commencement Date until the Cut-Off Date, except for Incremental Expansion Revenues and any revenues from Joint Operations Greenfield Projects and Sole Risk Ventures in which PT-RTZ shall have participated.