Exhibit 10.3
AMENDMENT NUMBER ONE
TO
AGREEMENT
This Amendment is made and entered into effective as of the
30th day of April, 1997 to that certain agreement dated as of
February 26, 1997 (the "Agreement") by and among Freeport-McMoRan
Copper & Gold Inc. ("FCX"); Bre-X Minerals Ltd., on behalf of
itself and its subsidiaries, including without limitation,
Dorchester Holdings B.V. and Bre-X Minerals Amsterdam B.V.
(collectively, "Bre-X"); PT Askatindo Karya Mineral, on behalf of
itself and all persons or entities claiming under or through any
arrangement with it (collectively, "PTAKM"); and PT Amsya Xxxx,
on behalf of itself and all persons or entities claiming under or
through any arrangement with it (collectively, "PTAL") (Bre-X,
PTAKM, and PTAL being sometimes collectively referred to as the
"Current Owners").
WITNESSETH
WHEREAS, FCX and the Current Owners entered into the
Agreement related to the Busang I Site, the Busang II Site and
the Busang III Site (as defined in the Agreement); and
WHEREAS, FCX and the Current Owners desire by this Amendment
Number One to amend the Agreement as provided hereinafter.
NOW, THEREFORE, for and in consideration of the mutual
covenants herein contained, and subject to the terms and
conditions hereof, it is agreed that:
1. Amendment to Section 3. The date "April 30, 1997"which
appears in line 2 of Section 3 is hereby deleted and the date
"June 30, 1997" is hereby substituted therefor.
2. Other Terms and Conditions. Except as expressly provided
herein, all other terms and conditions of the Agreement remain in
full force and effect.
3. Counterparts. This Amendment Number One may be executed in
counterparts and all counterparts taken together will be deemed
to constitute the same instrument.
IN WITNESS WHEREOF, the parties hereto have executed this
Amendment Number One as of the date first set forth above.
FREEPORT-McMoRan COPPER & GOLD INC.
By: s/ Xxxxxxx X. Xxxxxxxx
-----------------------
Name: Xxxxxxx X. Xxxxxxxx
Title: Executive Vice President
BRE-X MINERALS LTD., on behalf of
itself and its subsidiaries
including, without limitation,
Dorchester Holdings B.V. and Bre-X
Minerals Amsterdam B.V.
By: s/ Xxxxx X. Xxxxx
------------------
Name: Xxxxx X. Xxxxx
Title: Chairman, President and
Chief Executive Officer
AND
By: s/ Xxxxxxx X. Francisco
------------------------
Name: Xxxxxxx X. Francisco
Title: Executive Vice President
and Chief Financial Officer
PT ASKATINDO KARYA MINERAL
By: s/ Abdulmadjid
--------------------
Name: Abdulmadjid
Title: Vice President
PT AMSYA XXXX
By: s/ Abdulmadjid
-----------------
Name: Abdulmadjid
Title: Vice President
