Common use of Final Adjusted Cashflow Statements Clause in Contracts

Final Adjusted Cashflow Statements. The Final Adjusted Cashflow Statements will also be prepared in accordance with the requirements of items 5.1 to 5.3 (inclusive), except that: (a) cash flows attributable to JV New Capital Expansion Projects will be included; (b) cash flows (other than the study costs) attributable to Sole Risk New Capital Expansion Projects or other New Capital Expansion Projects will be excluded; (c) if, by the Expiry or Election Date, the Manager has recommended, and the Owners’ Council has approved, the development of BHP Billiton R&D IP or Rio Tinto R&D IP (as applicable) for use in the WA Iron Ore JV and the continuation of research and development in relation to that BHP Billiton R&D IP or Rio Tinto R&D IP (as applicable) in accordance with clause 8 of the Intellectual Property Management Agreement, any cash flows associated with research and development in relation to that BHP Billiton R&D IP or Rio Tinto R&D IP (as applicable) (whether incurred by a JV Entity or an Affiliate of BHP Billiton or Rio Tinto, as applicable) will be included to the same extent that ongoing research and development is agreed to be funded by the WA Iron Ore JV, provided that: (i) all claimed expenses are properly attributed to Iron Ore Production Activities; and (ii) no xxxx-up or margin is applied to those costs by BHP Billiton or Rio Tinto (as applicable); and (d) any cash flows associated with research and development in relation to BHP Billiton R&D IP or Rio Tinto R&D IP not referred to in paragraph (c) will be excluded. Implementation Agreement

Final Adjusted Cashflow Statements. The Final Adjusted Cashflow Statements will also be prepared in accordance with the requirements of items 5.1 to 5.3 (inclusive), except that: (a) cash flows attributable to JV New Capital Expansion Projects will be included; (b) cash flows (other than the study costs) attributable to Sole Risk New Capital Expansion Projects or other New Capital Expansion Projects will be excluded; (c) if, by the Expiry or Election Date, the Manager has recommended, and the Owners’ Council has approved, the development of BHP Billiton R&D IP or Rio Tinto R&D IP (as applicable) for use in the WA Iron Ore JV and the continuation of research and development in relation to that BHP Billiton R&D IP or Rio Tinto R&D IP (as applicable) in accordance with clause 8 of the Intellectual Property Management Agreement, any cash flows associated with research and development in relation to that BHP Billiton R&D IP or Rio Tinto R&D IP (as applicable) (whether incurred by a JV Entity or an Affiliate of BHP Billiton or Rio Tinto, as applicable) will be included to the same extent that ongoing research and development is agreed to be funded by the WA Iron Ore JV, provided that: (i) all claimed expenses are properly attributed to Iron Ore Production Activities; and (ii) no xxxx-up or margin is applied to those costs by BHP Billiton or Rio Tinto (as applicable); and (d) any cash flows associated with research and development in relation to BHP Billiton R&D IP or Rio Tinto R&D IP not referred to in paragraph (c) will be excluded. Implementation Agreement.