Return of Concentrate Sample Clauses

Return of Concentrate. Section 4.13.1 is hereby amended by deleting the words “and otherwise than under the provisions of an Exemption Order” and replacing them by the following: “and any subsequent amendments thereto, including without limitation under Sections 6.4.5 and 6.4.6 of the Agreement, and otherwise than under the provisions of any exemption from the Primary Production Order.”

Return of Concentrate. 4.13.1 In consideration of the Government granting the Exemption Orders, the Proponent guarantees that it shall, prior to Cessation of Mining Operations, commence shipping into the Province Replacement Concentrate for processing into Finished Nickel Product at the Processing Plant. Such Replacement Concentrate shall be shipped to and processed by the Processing Plant in sufficient quantities to permit the Processing Plant to operate continuously at a rate that will produce not less than 25,000 tonnes of Finished Nickel Product annually and such shipments shall continue at least until such time as the contained nickel and cobalt in the Replacement Concentrate shall have equalled the total quantity of contained nickel and cobalt in the Nickel Concentrate shipped out of the Province under the terms of the Nickel Concentrate Exemption Order and otherwise than under the provisions of an Exemption Order. 4.13.2 The Proponent shall undertake the Assaying Procedures set out in Schedule 4.13.2 with respect to the Nickel Concentrate and the Replacement Concentrate. 4.13.3 The Proponent acknowledges that if it does not perform its contractual obligations under Section 4.13.1: (a) the Province and the economy of the Province will suffer substantial loss; (b) the Government would not be properly compensated for its loss by monetary damages, which therefore will not be considered an adequate remedy for such breach; and (c) the Government may at any time subsequent to such breach commence an action against the Proponent for any one or more of the following remedies, whether claimed as primary or secondary alternative relief: 4.13.3.1 an order for specific performance; 4.13.3.2 appropriate injunctive relief, whether mandatory or prohibitory; and 4.13.3.3 monetary damages, including for consequential and economic loss, reflecting the substantial losses suffered by the Government and the economy of the Province as a result of such breach. The Proponent expressly waives any right to claim or argue that the Government cannot claim the relief set out in Sections 4.13.3.1, 4.13.3.2 and 4.13.3.3 in any suit commenced by the Government against the Proponent for the Proponent’s failure to perform its obligations under Section 4.13.1.