Common use of Third Variation Agreement Clause in Contracts

Third Variation Agreement. (1) The agreement (third Variation Agreement) a copy of which is set out in Schedule 4 is ratified. (2) The implementation of the third Variation Agreement is authorised. (3) Without limiting or otherwise affecting the application of the Government Agreements Xxx 0000, the third Variation Agreement is to operate and take effect despite any other Act or law. (4) Without limiting section 3, on the commencement of the Acts Amendment (Iron Ore Agreements) Xxx 0000 1, the Principal Agreement, as amended by the first Variation Agreement, the second Variation Agreement and the third Variation Agreement, is to operate as if it were enacted in this Act. Schedule 1 THIS AGREEMENT made the day of One thousand nine hundred and seventy‑two BETWEEN THE HONOURABLE XXXX XXXXXXX TONKIN, M.L.A., THE PREMIER OF THE STATE OF WESTERN AUSTRALIA acting for and on behalf of the said State and its instrumentalities from time to time (hereinafter called “the State”) of the one part and CONSOLIDATED GOLD FIELDS AUSTRALIA LIMITED a company incorporated under the Companies Ordinances of the Australian Capital Territory and having its executive office at Gold Fields House Sydney Cove in the State of New South Wales and its registered office in the State of Western Australia (hereinafter referred to as “the said State”) at 000 Xxxxx Xxxxxx’s Terrace Perth CYPRUS MINES CORPORATION a corporation incorporated in the State of New York in the United States of America and having its executive offices situate at 1234 Pacific Mutual Building 000 Xxxx Xxxxx Xxxxxx Xxx Xxxxxxx Xxxxxxxxxx in the United States of America UTAH DEVELOPMENT COMPANY a corporation incorporated under the laws of the State of Nevada in the United States of America with its executive offices situate at 000 Xxxxxxxxxx Xxxxxx Xxx Xxxxxxxxx in the said United States of America and having its registered office in the State of Queensland at Pearl Assurance House at the corner of Queen and Eagle Streets Brisbane XXXXXXX PROSPECTING PTY LTD a company incorporated in the said State and having its registered office situate at the 14th floor Lombard House 251 Adelaide Terrace Perth XXXXXX PROSPECTING PTY LTD a company incorporated in the said State and having its registered office situate at the 14th floor Xxxxxxx Xxxxx 000 Xxxxxxxx Xxxxxxx Xxxxx and M.I.M. HOLDINGS LIMITED a company incorporated in the State of Queensland and having its registered office situate at 000 Xxxxxxxx Xxxxxx, Xxxxxxxx (hereinafter called “the Joint Venturers” which expression shall where the context so admits or requires extend to include the Joint Venturers jointly and each of them severally their and each of their successors and permitted assigns and appointees) of the other part.

Third Variation Agreement. (1) The agreement (“third Variation Agreement”) a copy of which is set out in Schedule 4 is ratified. (2) The implementation of the third Variation Agreement is authorised. (3) Without limiting or otherwise affecting the application of the Government Agreements Xxx 0000, the third Variation Agreement is to operate and take effect despite any other Act or law. (4) Without limiting section 3, on the commencement of the Acts Amendment (Iron Ore Agreements) Xxx 0000 1, the Principal Agreement, as amended by the first Variation Agreement, the second Variation Agreement and the third Variation Agreement, is to operate as if it were enacted in this Act. Schedule 1 THIS AGREEMENT made the day of One thousand nine hundred and seventy‑two seventy-two BETWEEN THE HONOURABLE XXXX XXXXXXX TONKINXXXXXX, M.L.A., THE PREMIER OF THE STATE OF WESTERN AUSTRALIA acting for and on behalf of the said State and its instrumentalities from time to time (hereinafter called “the State”) of the one part and CONSOLIDATED GOLD FIELDS AUSTRALIA LIMITED a company incorporated under the Companies Ordinances of the Australian Capital Territory and having its executive office at Gold Fields House Sydney Cove in the State of New South Wales and its registered office in the State of Western Australia (hereinafter referred to as “the said State”) at 000 Xxxxx Xxxxxx’s Terrace Perth CYPRUS MINES CORPORATION a corporation incorporated in the State of New York in the United States of America and having its executive offices situate at 1234 Pacific Mutual Building 000 Xxxx Xxxxx Xxxxxx Xxx Xxxxxxx Xxxxxxxxxx in the United States of America UTAH DEVELOPMENT COMPANY a corporation incorporated under the laws of the State of Nevada in the United States of America with its executive offices situate at 000 Xxxxxxxxxx Xxxxxx Xxx Xxxxxxxxx in the said United States of America and having its registered office in the State of Queensland at Pearl Assurance House at the corner of Queen and Eagle Streets Brisbane XXXXXXX PROSPECTING PTY LTD a company incorporated in the said State and having its registered office situate at the 14th floor Lombard House 251 Adelaide Terrace Perth XXXXXX PROSPECTING PTY LTD a company incorporated in the said State and having its registered office situate at the 14th floor Xxxxxxx Xxxxx 000 Xxxxxxxx Xxxxxxx Xxxxx and M.I.M. HOLDINGS LIMITED a company incorporated in the State of Queensland and having its registered office situate at 000 Xxxxxxxx Xxxxxx, Xxxxxxxx (hereinafter called “the Joint Venturers” which expression shall where the context so admits or requires extend to include the Joint Venturers jointly and each of them severally their and each of their successors and permitted assigns and appointees) of the other part.

Third Variation Agreement. (1) The agreement (third Third Variation Agreement) a copy of which is set out in Schedule 4 Agreement is ratified. (2) The implementation of the third Third Variation Agreement is authorised. (3) Without limiting or otherwise affecting the application of the Government Agreements Xxx 0000, the third Third Variation Agreement is to operate and take effect despite any other Act or law. (4) Without limiting section 3, on the commencement of the Acts Amendment (Iron Ore Agreements) Xxx 0000 1, the Principal Agreement, as amended by the first Variation Agreement, the second Variation Agreement and the third Variation Agreement, is to operate as if it were enacted in this Act. Schedule 1 s. 2. THIS AGREEMENT made the this 12th day of April One thousand nine hundred and seventy‑two seventy-two BETWEEN THE HONOURABLE XXXX XXXXXXX TONKINXXXXXX, M.L.A., THE PREMIER OF THE STATE OF WESTERN AUSTRALIA Premier of the State of Western Australia, acting for and on behalf of the said State and its instrumentalities Instrumentalities thereof from time to time (hereinafter called “the State”) of the one part and CONSOLIDATED GOLD FIELDS AUSTRALIA LIMITED a company incorporated under the Companies Ordinances of the Australian Capital Territory and having its executive office at Gold Fields House Sydney Cove in the State of New South Wales and its registered office in the State of Western Australia (hereinafter referred to as “the said State”) at 000 Xxxxx Xxxxxx’s Terrace Perth CYPRUS MINES CORPORATION a corporation incorporated in the State of New York in the United States of America and having its executive offices situate at 1234 Pacific Mutual Building 000 Xxxx Xxxxx Xxxxxx Xxx Xxxxxxx Xxxxxxxxxx in the United States of America and UTAH DEVELOPMENT COMPANY a corporation incorporated under the laws of the State of Nevada in the United States of America with its executive offices situate at 000 Xxxxxxxxxx Xxxxxx Xxx Xxxxxxxxx in the said United States of America and having its registered office in the State of Queensland at Pearl Assurance House at the corner of Queen and Eagle Streets Brisbane XXXXXXX PROSPECTING PTY LTD a company incorporated in the said State and having its registered office situate at the 14th floor Lombard House 251 Adelaide Terrace Perth XXXXXX PROSPECTING PTY LTD a company incorporated in the said State and having its registered office situate at the 14th floor Xxxxx Xxxxxxx Xxxxx 000 Xxxxxxxx Xxxxxxx Xxxxx and M.I.M. HOLDINGS LIMITED a company incorporated in the State of Queensland and having its registered office situate at 000 Xxxxxxxx Xxxxxx, Xxxxxxxx (hereinafter called “the Joint Venturers” in which expression term shall where the context so admits or requires extend to include be included the Joint Venturers jointly and each of them severally and their and each of their respective successors and permitted assigns and appointeesassigns) of the other part.

Third Variation Agreement. (1) The agreement (third Variation Agreement) a copy of which is set out in Schedule 4 is ratified. (2) The implementation of the third Variation Agreement is authorised. (3) Without limiting or otherwise affecting the application of the Government Agreements Xxx 0000, the third Variation Agreement is to operate and take effect despite any other Act or law. (4) Without limiting section 3, on the commencement of the Acts Amendment (Iron Ore Agreements) Xxx 0000 1, the Principal Agreement, as amended by the first Variation Agreement, the second Variation Agreement and the third Variation Agreement, is to operate as if it were enacted in this Act. Schedule 1 THIS AGREEMENT made the day of One thousand nine hundred and seventy‑two seventy-two BETWEEN THE HONOURABLE XXXX XXXXXXX TONKIN, M.L.A., THE PREMIER OF THE STATE OF WESTERN AUSTRALIA acting for and on behalf of the said State and its instrumentalities from time to time (hereinafter called “the State”) of the one part and CONSOLIDATED GOLD FIELDS AUSTRALIA LIMITED a company incorporated under the Companies Ordinances of the Australian Capital Territory and having its executive office at Gold Fields House Sydney Cove in the State of New South Wales and its registered office in the State of Western Australia (hereinafter referred to as “the said State”) at 000 Xxxxx Xxxxxx’s Terrace Perth CYPRUS MINES CORPORATION a corporation incorporated in the State of New York in the United States of America and having its executive offices situate at 1234 Pacific Mutual Building 000 Xxxx Xxxxx Xxxxxx Xxx Xxxxxxx Xxxxxxxxxx in the United States of America UTAH DEVELOPMENT COMPANY a corporation incorporated under the laws of the State of Nevada in the United States of America with its executive offices situate at 000 Xxxxxxxxxx Xxxxxx Xxx Xxxxxxxxx in the said United States of America and having its registered office in the State of Queensland at Pearl Assurance House at the corner of Queen and Eagle Streets Brisbane XXXXXXX PROSPECTING PTY LTD a company incorporated in the said State and having its registered office situate at the 14th floor Lombard House 251 Adelaide Terrace Perth XXXXXX PROSPECTING PTY LTD a company incorporated in the said State and having its registered office situate at the 14th floor Xxxxxxx Xxxxx 000 Xxxxxxxx Xxxxxxx Xxxxx and M.I.M. HOLDINGS LIMITED a company incorporated in the State of Queensland and having its registered office situate at 000 Xxxxxxxx Xxxxxx, Xxxxxxxx (hereinafter called “the Joint Venturers” which expression shall where the context so admits or requires extend to include the Joint Venturers jointly and each of them severally their and each of their successors and permitted assigns and appointees) of the other part.