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KIO - Kumba Iron Ore Limited - Sishen supply agreement

Release Date: 04/05/2010 15:15
Code(s): KIO
Wrap Text

KIO - Kumba Iron Ore Limited - Sishen supply agreement Kumba Iron Ore Limited A member of the Anglo American plc group Incorporated in the Republic of South Africa) Registration number 2005/015852/06) JSE Share code: KIO ISIN: ZAE000085346 ("Kumba") SISHEN SUPPLY AGREEMENT On 29 April 2010 ArcelorMittal South Africa Limited ("ArcelorMittal") released a SENS announcement that contained the following statement: "SIOC has further advised that it will continue to invoice ArcelorMittal South Africa on a cost plus 3% basis until the dispute has been resolved, but will seek to hold ArcelorMittal South Africa liable for the difference between a price derived from an export parity principle and the contractual cost plus 3% price, in the event SIOC prevails in the arbitration." That statement is incorrect. The true position is as described in Kumba`s SENS announcement of 19 April 2010, namely that SIOC requires ArcelorMittal to accept its interim proposal that ArcelorMittal pay the contractual price (cost plus 3%) to SIOC and the difference between that price and the interim price proposed by SIOC into escrow or provide a suitable guarantee for its payment in the event of SIOC being successful in the arbitration. ArcelorMittal has thus far declined to accept that proposal or make a firm counter-proposal regarding an interim price or payment mechanism. SIOC has never advised ArcelorMittal that it will be content to recover the difference between the two prices from ArcelorMittal in the event of it succeeding in the arbitration. On the contrary, SIOC has advised ArcelorMittal that should the parties not come to a firm agreement on an interim pricing mechanism in the near future, SIOC will review the basis upon which it will continue to supply iron ore to ArcelorMittal. For further information please contact: Anne Dunn Tel.: +27 (0)11 502 7404 / +27 (0)82 448 2684 4 May 2010 Pretoria Sponsor RAND MERCHANT BANK (A division of FirstRand Bank Limited) Date: 04/05/2010 15:15:02 Supplied by www.sharenet.co.za Produced by the JSE SENS Department. The SENS service is an information dissemination service administered by the JSE Limited (`JSE`). The JSE does not, whether expressly, tacitly or implicitly, represent, warrant or in any way guarantee the truth, accuracy or completeness of the information published on SENS. The JSE, their officers, employees and agents accept no liability for (or in respect of) any direct, indirect, incidental or consequential loss or damage of any kind or nature, howsoever arising, from the use of SENS or the use of, or reliance on, information disseminated through SENS.

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