Common use of Other reorganisation steps Clause in Contracts

Other reorganisation steps. (a) As soon as practicable after the date of this Agreement * * * (i) Rio Tinto must, subject to clause 5.8(a), use its reasonable endeavours to implement and complete the reorganisation steps set out in item 1.2 of Part 1 of Schedule 7; and (ii) BHP Billiton must: (A) subject to clause 5.8(b) use its reasonable endeavours to implement and complete the reorganisation steps set out in items 2.2(a) and 2.2(b) of Part 2 of Schedule 7; and * * * 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) subject to clause 5.8(c), use its reasonable endeavours to cause * * * to be made available to the WA Iron Ore JV * * * (b) Each of Rio Tinto and BHP Billiton acknowledges that the obligations in paragraphs (a)(i) and (a)(ii), respectively, * * * (c) Each of Rio Tinto and BHP Billiton must keep the other informed on a reasonably regular basis in respect of the actions taken to implement and complete reorganisation steps and the progress achieved. (d) BHP Billiton must bear any loss or liability suffered or incurred by any Rio Tinto Indemnified Party: (ii) and such loss or liability will be an Excluded Liability. (e) Where: (ii) BHP Billiton must ensure that * * * and all costs incurred in discharging this obligation will be Excluded Liabilities. (f) In relation to all amounts for which BHP Billiton is liable under paragraphs (d) and (e), BHP Billiton must procure that: (i) the relevant BHP Billiton JV Entity applies funds which are Excluded Assets; or (ii) the BHP Billiton Owner subscribes for Shares in the BHP Billiton Issuer, in amounts sufficient (in aggregate) to cover BHP Billiton’s liability. BHP Billiton must procure that the BHP Billiton Issuer applies all proceeds of subscription to meet the costs for which BHP Billiton is liable under paragraphs (d) and (e).

Other reorganisation steps. (a) As soon as practicable after the date of this Agreement * * * (i) Rio Tinto must, subject to clause 5.8(a), use its reasonable endeavours to implement and complete the reorganisation steps set out in item 1.2 of Part 1 of Schedule 7; and (ii) BHP Billiton must: (A) subject to clause 5.8(b) use its reasonable endeavours to implement and complete the reorganisation steps set out in items 2.2(a) and 2.2(b) of Part 2 of Schedule 7; and * * * 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 Commissionand (B) subject to clause 5.8(c), use its reasonable endeavours to cause * * * to be made available to the WA Iron Ore JV * * * (b) Each of Rio Tinto and BHP Billiton acknowledges that the obligations in paragraphs (a)(i) and (a)(ii), respectively, * * * (c) Each of Rio Tinto and BHP Billiton must keep the other informed on a reasonably regular basis in respect of the actions taken to implement and complete reorganisation steps and the progress achieved. (d) BHP Billiton must bear any loss or liability suffered or incurred by any Rio Tinto Indemnified Party: (ii) and such loss or liability will be an Excluded Liability. (e) Where: (ii) BHP Billiton must ensure that * * * *and all costs incurred in discharging this obligation will be Excluded Liabilities. (f) In relation to all amounts for which BHP Billiton is liable under paragraphs (d) and (e), BHP Billiton must procure that: (i) the relevant BHP Billiton JV Entity applies funds which are Excluded Assets; or (ii) the BHP Billiton Owner subscribes for Shares in the BHP Billiton Issuer, in amounts sufficient (in aggregate) to cover BHP Billiton’s liability. BHP Billiton must procure that the BHP Billiton Issuer applies all proceeds of subscription to meet the costs for which BHP Billiton is liable under paragraphs (d) and (e).. Implementation Agreement * * *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