State registration No. 546 as of 10.10.2000 ADDENDUM to the Contract as of 15 July 1997 for mining of nickel-cobalt ore at Novo-Shandashinsk, East – Shandashinsk, III - Shandashinsk, Shirpakainsk, Kara-Obinsk and Stepninsk deposits in Aktyubinsk...
Exhibit
10.26
State
registration No. 546 as of 10.10.2000
ADDENDUM
to the Contract
as
of 15 July 1997 for mining of nickel-cobalt ore at
Novo-Shandashinsk,
East
– Shandashinsk, III - Shandashinsk, Shirpakainsk, Kara-Obinsk and
Stepninsk deposits in Aktyubinsk oblast of the Republic of
Kazakhstan
in accordance with the Licenses
series MG Nos. 414, 415, 420, 421, 425 and 426
as of 12 October 1995
between the Ministry of Energy and Mineral Resources
of
the Republic of Kazakhstan and Joint Venture “Kempirsaisk Mine
Group”
between
the
Investment Agency of the Republic of Kazakhstan
and
“Kyzyl
Kain Mamyt” LLP that re-executed Government Licenses series MG Nos. 420 and 426
in accordance with resolutions of the Government of the Republic of Xxxxxxxxxx,
Xx. 00 as of 6 January 2000 and No. 408 as of 18.08.2000
Astana,
2000
(English
Translation)
Present
addendum to the Contract as of 15 July 1997 for mining of nickel-cobalt ore at
Novo-Shandashinsk, East – Shandashinsk, III - Shandashinsk,
Shirpakainsk, Kara-Obinsk and Stepninsk deposits in Aktyubinsk oblast of the
Republic of
Kazakhstan was made on 10.10.2000 between the Investment Agency of the
Republic of Kazakhstan (hereafter referred to as “Competent Body”) and “Kyzyl
Kain Mamyt” LLP (hereafter referred to as “Contractor”) due to transfer of the
subsurface use right from Joint Venture “Kempirsaisk Mine Group” to “Kyzyl Kain
Mamyt” LLP under
Licenses series MG No. 420 and 426.
Since:
1. Government
Licenses for the subsurface use right series MG No. 420 and 426
issued
to JV
“Kempirsaisk Mine Group” were re-executed to “Kyzyl Kain Mamyt” LLP in
accordance with the resolution of the Government of the Republic of Kazakhstan
No. 24 as of 6 January 2000
The
Competent Body and the Contractor have agreed to introduce changes and
amendments to the Contract as follows:
1. Clauses
10, 12 and 20 in Section 1 of the Contract shall be read as
follows:
1.10.
|
Competent
Body (authorized state body) means the Investment Agency of the
Republic of Kazakhstan.
|
1.12.
|
Contract
Territory means the territory defined in mining allotments where the
subsurface user is entitled to mine nickel-cobalt ore at Kara-Obinsk and
Novo-Shandashinsk deposits.
|
1.20. Contractor
means the subsurface user, “Kyzyl Kain Mamyt” LLP
2.
|
In
the Contract the words JV “Kempirsaisk Mine Group” to change to the words
“Kyzyl Kain Mamyt” LLP, and the words “Ministry of Energy and Mineral
Resources of the Republic of Kazakhstan” to “Investment Agency of the
Republic of
Kazakhstan”, accordingly.
|
3.
|
To delete the
words “III - Shandashinsk, Shirpakainsk, East – Shandashinsk,
Stepninsk deposits of cobalt-nickel ore and licenses series MG, Nos. 414,
415, 421 and 425” in the
Contract.
|
4.
|
Sub-clause
3.2. in Section 3 shall be read as
follows:
|
3.2
|
The
Contract expires on 12 October 2011 (on the last day of the term of
License series MG No. 420).
|
5.
|
5.Sub-clause
4.1. in Section 4 shall be read as
follows:
|
4.1
|
The Contractor
mines cobalt-nickel ore at the Kara-Obinsk and Novo-Shandashinsk
deposits within the Contract Territory under Licenses series MG No. 420
and 426 and in accordance with the provisions of the
Contract.
|
6.
|
In
sub-clauses 5.4., 5.5., 5.6 and 5.7 in Section 5 to change the words
“KAZGOSNEDRA” Main Administration for Mineral Resources to the words
“Committee of Geology and Subsurface Protection under the Ministry of
Natural Resources and Environmental Protection of the Republic of
Kazakhstan”.
|
7.
|
Sub-clause
7.2.11 in Section 7 shall be read as
follows:
|
7.2.11
|
The
Contractor for mandatory production training and re-traning of the
personnel and computerization will spend at least 0.1 (point one) % of the
production costs.
|
8.
|
Sub-clause
11.1 in Section 1.1. shall be read as
follows:
|
11.1
|
The
Contractor is provided with the exclusive right for production at the
Contract Territory for 11 (eleven) consecutive years till 12 October
2011.
|
9.
|
Sub-clause
13.2 in Section 13 shall be read as
follows:
|
13.2.
|
The
Contractor shall test the equipment and devices used for ore weighing and
measurement at the said deposits 1 (one) time a year together with the
representatives of the Authorized
Body
|
10.
|
Sub-clause
13.2 in Section 31 shall be read as
follows:
|
31.2
|
Notices
and documents shall be delivered in hand or sent by post, registered
airmail, fax, by telex at the following
addresses:
|
Investment Agency
of the Republic of Kazakhstan 473000,
Astana, Zhenis Ave. 33
Fax:
(3172) 118 158
Tel.
(3172) 118 161
Kuanyshev
D.O.
Chairman
|
“Kyzyl Kain Mamyt”
LLP
469830,
Aktyubinsk oblast
Kargalinsk
region, Xxxxxxxxxx xxxxxxx Xxxxx xxx., 00
Fax:
(31342) 21 301
Tel.
(31342) 21 301
Raimbergenov
A.I.
Director
|
11.
|
To
accept a new Work Program in Appendix 1a instead of
Appendix 1 to the Contract
“Work Program”.
|
Present
addendum to the Contract was made on 10 October 2000 in Astana, the Republic of
Kazakhstan and signed by the authorized representatives of the
Parties.
COMPETENT
BODY CONTRACTOR
(signature)
(signature)
Chairman
Director