Common use of Other commodities by rail Clause in Contracts

Other commodities by rail. All commodities other than those referred to in this Schedule shall, unless otherwise determined by the Railways Commission, be carried subject to By-law 55 made under the Government Xxxxxxx Xxx 0000. THE SECOND SCHEDULE WESTERN AUSTRALIA MINING XXX 0000 MINERAL SANDS (ALLIED ENEABBA) AGREEMENT XXX 0000 MINERAL LEASE Lease No. Mineral Field XXXXXXXXX THE SECOND by the Grace of God Queen of Australia and Her other Realms and Territories Head of the Commonwealth: TO ALL TO WHOM THESE PRESENTS shall come GREETINGS: KNOW YE that WHEREAS by section 48 of the Mining Xxx 0000, power is given to the Governor of our State of Western Australia, in the Commonwealth of Australia, to grant leases of land for the purposes of mining thereon for any mineral other than gold upon the terms and conditions set forth in the said Act AND WHEREAS by an Agreement made between the State of Western Australia and ALLIED ENEABBA PTY. LTD. a company incorporated under the Companies Act of Western Australia and having its registered office situate at 000 Xxxxxx Xxxx, Xxxxxxx (hereinafter called “the Company” which expression includes its successors and permitted assigns) which Agreement (hereinafter referred to as “the Agreement”) was ratified by the Mineral Sands (Allied Eneabba) Agreement Xxx 0000 — the State agreed to grant to the Company on application made by the Company a mineral lease under and, except as otherwise provided by the Agreement, subject to the Mining Xxx 0000 AND WHEREAS the Company has now made application for a mineral lease of the land hereinafter described for the purpose of mining thereon for titaniferous minerals (including ilmenite rutile and leucoxene) and magnetite zircon monazite kyanite staurolite xenotime and garnet NOW WE in consideration of the rents and royalties reserved by the Agreement and in consideration of the other covenants and conditions in this lease and in the Agreement to be observed by the Company DO BY THESE PRESENTS GRANT AND DEMISE UNTO THE COMPANY but subject to the provisions of the Agreement all those pieces and parcels of land situated in the Mineral Field containing approximately hectares (subject to such corrections as may be necessary to accord with the survey when made) and particularly described and delineated on the plan in the schedule hereto and all those mines, veins, seams, lodes, or deposits of titaniferous minerals (including ilmenite

Other commodities by rail. All commodities other than those referred to in this Schedule shall, unless otherwise determined by the Railways Commission, be carried subject to By-law 55 made under the Government Xxxxxxx Xxx 0000Railway Act 1904. THE SECOND SCHEDULE WESTERN AUSTRALIA MINING XXX 0000 ACT 1904 MINERAL SANDS (ALLIED ENEABBA) AGREEMENT XXX 0000 ACT 1975 MINERAL LEASE Lease No. Mineral Field XXXXXXXXX THE SECOND by the Grace of God Queen of Australia and Her other Realms and Territories Head of the Commonwealth: TO ALL TO WHOM THESE PRESENTS shall come GREETINGS: KNOW YE that WHEREAS by section 48 of the Mining Xxx 0000Act 1904, power is given to the Governor of our State of Western Australia, in the Commonwealth of Australia, to grant leases of land for the purposes of mining thereon for any mineral other than gold upon the terms and conditions set forth in the said Act AND WHEREAS by an Agreement made between the State of Western Australia and ALLIED ENEABBA PTY. LTD. a company incorporated under the Companies Act of Western Australia and having its registered office situate at 000 Xxxxxx Xxxx, Xxxxxxx (hereinafter called “the Company” which expression includes its successors and permitted assigns) which Agreement (hereinafter referred to as “the Agreement”) was ratified by the Mineral Sands (Allied Eneabba) Agreement Xxx 0000 Act 1975 — the State agreed to grant to the Company on application made by the Company a mineral lease under and, except as otherwise provided by the Agreement, subject to the Mining Xxx 0000 Act 1904 AND WHEREAS the Company has now made application for a mineral lease of the land hereinafter described for the purpose of mining thereon for titaniferous minerals (including ilmenite rutile and leucoxene) and magnetite zircon monazite kyanite staurolite xenotime and garnet NOW WE in consideration of the rents and royalties reserved by the Agreement and in consideration of the other covenants and conditions in this lease and in the Agreement to be observed by the Company DO BY THESE PRESENTS GRANT AND DEMISE UNTO THE COMPANY but subject to the provisions of the Agreement all those pieces and parcels of land situated in the Mineral Field containing approximately hectares (subject to such corrections as may be necessary to accord with the survey when made) and particularly described and delineated on the plan in the schedule hereto and all those mines, veins, seams, lodes, or deposits of titaniferous minerals (including ilmenitein

Other commodities by rail. All commodities other than those referred to in this Schedule shall, unless otherwise determined by the Railways Commission, be carried subject to By-law 55 made under the Government Xxxxxxx Xxx 0000Railway Act 1904. THE SECOND SCHEDULE WESTERN AUSTRALIA MINING XXX 0000 ACT 1904 MINERAL SANDS (ALLIED ENEABBA) AGREEMENT XXX 0000 ACT 1975 MINERAL LEASE Lease No. Mineral Field XXXXXXXXX THE SECOND by the Grace of God Queen of Australia and Her other Realms and Territories Head of the Commonwealth: TO ALL TO WHOM THESE PRESENTS shall come GREETINGS: KNOW YE that WHEREAS by section 48 of the Mining Xxx 0000Act 1904, power is given to the Governor of our State of Western Australia, in the Commonwealth of Australia, to grant leases of land for the purposes of mining thereon for any mineral other than gold upon the terms and conditions set forth in the said Act AND WHEREAS by an Agreement made between the State of Western Australia and ALLIED ENEABBA PTY. LTD. a company incorporated under the Companies Act of Western Australia and having its registered office situate at 000 Xxxxxx Xxxx, Xxxxxxx (hereinafter called “the Company” which expression includes its successors and permitted assigns) which Agreement (hereinafter referred to as “the Agreement”) was ratified by the Mineral Sands (Allied Eneabba) Agreement Xxx 0000 Act 1975 — the State agreed to grant to the Company on application made by the Company a mineral lease under and, except as otherwise provided by the Agreement, subject to the Mining Xxx 0000 Act 1904 AND WHEREAS the Company has now made application for a mineral lease of the land hereinafter described for the purpose of mining thereon for titaniferous minerals (including ilmenite rutile and leucoxene) and magnetite zircon monazite kyanite staurolite xenotime and garnet NOW WE in consideration of the rents and royalties reserved by the Agreement and in consideration of the other covenants and conditions in this lease and in the Agreement to be observed by the Company DO BY THESE PRESENTS GRANT AND DEMISE UNTO THE COMPANY but subject to the provisions of the Agreement all those pieces and parcels of land situated in the Mineral Field containing approximately hectares (subject to such corrections as may be necessary to accord with the survey when made) and particularly described and delineated on the plan in the schedule hereto and all those mines, veins, seams, lodes, or deposits of titaniferous minerals (including ilmenite

Other commodities by rail. All commodities other than those referred to in this Schedule shall, unless otherwise determined by the Railways Commission, be carried subject to By-law 55 made under the Government Xxxxxxx Xxx 0000. THE SECOND SCHEDULE WESTERN AUSTRALIA MINING XXX 0000 MINERAL SANDS (ALLIED ENEABBA) AGREEMENT XXX 0000 MINERAL LEASE Lease No. Mineral Field XXXXXXXXX THE SECOND by the Grace of God Queen of Australia and Her other Realms and Territories Head of the Commonwealth: TO ALL TO WHOM THESE PRESENTS shall come GREETINGS: KNOW YE that WHEREAS by section 48 of the Mining Xxx 0000, power is given to the Governor of our State of Western Australia, in the Commonwealth of Australia, to grant leases of land for the purposes of mining thereon for any mineral other than gold upon the terms and conditions set forth in the said Act AND WHEREAS by an Agreement made between the State of Western Australia and ALLIED ENEABBA PTY. LTD. a company incorporated under the Companies Act of Western Australia and having its registered office situate at 000 Xxxxxx Xxxx, Xxxxxxx (hereinafter called “the Company” which expression includes its successors and permitted assigns) which Agreement (hereinafter referred to as “the Agreement”) was ratified by the Mineral Sands (Allied Eneabba) Agreement Xxx 0000 — the State agreed to grant to the Company on application made by the Company a mineral lease under and, except as otherwise provided by the Agreement, subject to the Mining Xxx 0000 AND WHEREAS the Company has now made application for a mineral lease of the land hereinafter described for the purpose of mining thereon for titaniferous minerals (including ilmenite rutile and leucoxene) and magnetite zircon monazite kyanite staurolite xenotime and garnet NOW WE in consideration of the rents and royalties reserved by the Agreement and in consideration of the other covenants and conditions in this lease and in the Agreement to be observed by the Company DO BY THESE PRESENTS GRANT AND DEMISE UNTO THE COMPANY but subject to the provisions of the Agreement all those pieces and parcels of land situated in the Mineral Field containing approximately hectares (subject to such corrections as may be necessary to accord with the survey when made) and particularly described and delineated on the plan in the schedule hereto and all those mines, veins, seams, lodes, or deposits of titaniferous minerals (including ilmenitein

Other commodities by rail. All commodities other than those referred to in this Schedule shall, unless otherwise determined by the Railways Commission, be carried subject to By-law 55 made under the Government Xxxxxxx Xxx 0000. THE SECOND SCHEDULE WESTERN AUSTRALIA MINING XXX 0000 MINERAL SANDS (ALLIED ENEABBA) AGREEMENT XXX 0000 MINERAL LEASE Lease No. Mineral Field XXXXXXXXX THE SECOND by the Grace of God Queen of Australia and Her other Realms and Territories Head of the Commonwealth: TO ALL TO WHOM THESE PRESENTS shall come GREETINGS: KNOW YE that WHEREAS by section 48 of the Mining Xxx 0000, power is given to the Governor of our State of Western Australia, in the Commonwealth of Australia, to grant leases of land for the purposes of mining thereon for any mineral other than gold upon the terms and conditions set forth in the said Act AND WHEREAS by an Agreement made between the State of Western Australia and ALLIED ENEABBA PTY. LTD. a company incorporated under the Companies Act of Western Australia and having its registered office situate at 000 Xxxxxx Xxxx, Xxxxxxx (hereinafter called “the Company” which expression includes its successors and permitted assigns) which Agreement (hereinafter referred to as “the Agreement”) was ratified by the Mineral Sands (Allied Eneabba) Agreement Xxx 0000 — the State agreed to grant to the Company on application made by the Company a mineral lease under and, except as otherwise provided by the Agreement, subject to the Mining Xxx 0000 AND WHEREAS the Company has now made application for a mineral lease of the land hereinafter described for the purpose of mining thereon for titaniferous minerals (including ilmenite rutile and leucoxene) and magnetite zircon monazite kyanite staurolite xenotime and garnet NOW WE in consideration of the rents and royalties reserved by the Agreement and in consideration of the other covenants and conditions in this lease and in the Agreement to be observed by the Company DO BY THESE PRESENTS GRANT AND DEMISE UNTO THE COMPANY but subject to the provisions of the Agreement all those pieces and parcels of land situated in the Mineral Field containing approximately hectares (subject to such corrections as may be necessary to accord with the survey when made) and particularly described and delineated on the plan in the schedule hereto and all those mines, veins, seams, lodes, or deposits of titaniferous minerals (including ilmeniteCompare 07 Mar 2003 [01-a0-08] / 11 Dec 2008 [01-b0-01] page 45

Other commodities by rail. All commodities other than those referred to in this Schedule shall, unless otherwise determined by the Railways Commission, be carried subject to By-law 55 made under the Government Xxxxxxx Xxx 0000. THE SECOND SCHEDULE WESTERN AUSTRALIA MINING XXX 0000 MINERAL SANDS (ALLIED ENEABBA) AGREEMENT XXX 0000 MINERAL LEASE Lease No. Mineral Field XXXXXXXXX THE SECOND by the Grace of God Queen of Australia and Her other Realms and Territories Head of the Commonwealth: TO ALL TO WHOM THESE PRESENTS shall come GREETINGS: KNOW YE that WHEREAS by section 48 of the Mining Xxx 0000, power is given to the Governor of our State of Western Australia, in the Commonwealth of Australia, to grant leases of land for the purposes of mining thereon for any mineral other than gold upon the terms and conditions set forth in the said Act AND WHEREAS by an Agreement made between the State of Western Australia and ALLIED ENEABBA PTY. LTD. a company incorporated under the Companies Act of Western Australia and having its registered office situate at 000 Xxxxxx Xxxx, Xxxxxxx (hereinafter called “the Company” which expression includes its successors and permitted assigns) which Agreement (hereinafter referred to as “the Agreement”) was ratified by the Mineral Sands (Allied Eneabba) Agreement Xxx 0000 — the State agreed to grant to the Company on application made by the Company a mineral lease under and, except as otherwise provided by the Agreement, subject to the Mining Xxx 0000 AND WHEREAS the Company has now made application for a mineral lease of the land hereinafter described for the purpose of mining thereon for titaniferous minerals (including ilmenite rutile and leucoxene) and magnetite zircon monazite kyanite staurolite xenotime and garnet NOW WE in consideration of the rents and royalties reserved by the Agreement and in consideration of the other covenants and conditions in this lease and in the Agreement to be observed by the Company DO BY THESE PRESENTS GRANT AND DEMISE UNTO THE COMPANY but subject to the provisions of the Agreement all those pieces and parcels of land situated in the Mineral Field containing approximately hectares (subject to such corrections as may be necessary to accord with the survey when made) and particularly described and delineated on the plan in the schedule hereto and all those mines, veins, seams, lodes, or deposits of titaniferous minerals (including ilmeniteilmenite rutile and leucoxene) and magnetite zircon monazite kyanite staurolite xenotime