Common use of Inter-dependency Clause in Contracts

Inter-dependency. (a) The obligations of Rio Tinto and BHP Billiton at Completion, as outlined in clause 6.2, are inter-dependent. (b) Each of Rio Tinto and BHP Billiton agrees it must discharge its obligations under clause 6.2 in the following order: (i) execute, deliver and, where relevant, complete each Debenture Deed Poll (and cause any Rio Tinto Group entity or BHP Billiton Group entity named as a party to each Debenture Deed Poll to execute, deliver and, where relevant, complete it (as applicable)) and procure that: (A) each of the Rio Tinto Owner and the BHP Billiton Owner subscribes for Debentures; and (B) each of the BHP Billiton Issuer and the Rio Tinto Issuer issues Debentures, in accordance with clauses 7.1 to 7.3 (inclusive); (ii) execute, deliver and, where relevant, complete the Joint Venture Agreement (and cause any Rio Tinto Group entity or BHP Billiton Group entity named as a party to the Joint Venture Agreement to execute, deliver and, where relevant, complete it (as applicable)); and (iii) execute, deliver and, where relevant, complete each Ore Sales Agreement (and cause any Rio Tinto Group entity or BHP Billiton Group entity named as a party to each Ore Sales Agreement to execute, deliver and, where relevant, complete it (as applicable)), followed by all other obligations under clause 6.2, which will thereafter be performed simultaneously.

Inter-dependency. (a) The obligations of Rio Tinto and BHP Billiton at Completion, as outlined in clause 6.2, are inter-dependent. (b) Each of Rio Tinto and BHP Billiton agrees it must discharge its obligations under clause 6.2 in the following order: (i) execute, deliver and, where relevant, complete each Debenture Deed Poll (and cause any Rio Tinto Group entity or BHP Billiton Group entity named as a party to each Debenture Deed Poll to execute, deliver and, where relevant, complete it (as applicable)) and procure that: (A) each of the Rio Tinto Owner and the BHP Billiton Owner subscribes for Debentures; andand * * * Pursuant to a request for confidential treatment filed with the Securities and Exchange Commission, confidential portions of this exhibit have been omitted and filed separately with the Securities and Exchange Commission (B) each of the BHP Billiton Issuer and the Rio Tinto Issuer issues Debentures, in accordance with clauses 7.1 to 7.3 (inclusive); (ii) execute, deliver and, where relevant, complete the Joint Venture Agreement (and cause any Rio Tinto Group entity or BHP Billiton Group entity named as a party to the Joint Venture Agreement to execute, deliver and, where relevant, complete it (as applicable)); and (iii) execute, deliver and, where relevant, complete each Ore Sales Agreement (and cause any Rio Tinto Group entity or BHP Billiton Group entity named as a party to each Ore Sales Agreement to execute, deliver and, where relevant, complete it (as applicable)), followed by all other obligations under clause 6.2, which will thereafter be performed simultaneously.