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By Dave Marsh, John Goode, Niels Verbaan, Kevin Bradley, Henrie Notzl

The mineralogy of the Avalon Nechalacho deposit is complex with significant fractions of HREEs, Zr, and Nb found in refractory minerals such as zircon and fergusonite. Sulphuric acid baking followed by water leaching can be used to extract REEs from flotation concentrates, but acid baking does not completely "crack" the zircon and fergusonite, so the extractions of Zr, Nb, and HREEs are not high. An alternative flowsheet has been developed that is able to obtain significantly improved extractions of HREEs, Zr, and Nb from flotation concentrates or acid bake residues. This is accomplished by cracking the zircon and fergusonite minerals with caustic soda at high temperatures, followed by water washing to recover excess caustic soda and soluble sodium silicates and phosphates. REEs, Zr, and Nb in the solid residue can then be solubilized with HCl or H2SO4. This paper highlights some of the findings from an extensive laboratory program and discusses several flowsheet implications.

Jan 1, 2014

ABSTRACT Understanding process histories and worker exposures in nickel production operations is critical in determining the role nickel compounds play in respiratory cancer incidence. As part of a series on Vale Canada’s (previously known as Inco) nickel processing operations, this paper includes descriptions of Ni electrolytic operations at refineries in Port Colborne, Ontario (1922–1984), and Thompson, Manitoba (1961–present). Industrial hygiene measurements, by area and personal sampling, of workplace aerosols at these operations are reported.

Jan 1, 2014

By Francis Chachula, Niel Erasmus

"In 2002, Titanium Corporation Inc. focused its attention on the development of a process for the recovery of valuable heavy minerals, including zircon and titanium bearing minerals from oil sands froth treatment tailings. The development of a process flowsheet to recover the titanium and zircon minerals from the Athabasca oil sand tailings has evolved through many laboratory, bench and pilot scale iterations.Initial development work focused on so-called ‘beach sand’ material, which is tailings material deposited over a period of time close to the tailings pipe discharge. The derived process flowsheet primarily consisted of gravity concentration stages, which is typical of all mineral sands operations. Titanium Corporation’s business plan calls for the utilization of tailings directly from the tailings pipeline – the process developed around the beach material is therefore risky as it differs from the live tailings in a number of aspects, with the effects on the process unknown. Titanium Corporation successfully obtained an intermediate product through a ‘bulk sampling plant’ coupled directly to an Oil Sands operator’s froth treatment tailings pipeline, during the summer of 2005. Subsequent further processing of this material resulted in poor separation or concentration of the heavy minerals due to a number of reasons. A more effective process flowsheet had to be developed.The newly derived process is basically a marriage between mineral sands technology and oil sands technology that can economically concentrate and recover the heavy minerals and entails the incorporation of a flotation process that takes advantage of the entrained bitumen in the feed to separate the heavy mineral fraction from the quartz gangue This paper will describe the newly derived process as well as the successful results of a subsequent on-site concentrator pilot campaign completed during the 3rd Quarter of 2006."

Jan 1, 2008

By A. Taylor, J. Shelegey, H. Sullivan, J. Doucet

"Historically, performance at Vale’s Clarabelle Mill was measured by Mill throughput and Mill recovery. After the economic collapse in 2008, a series of reviews were performed to drive improvements in business efficiency. These identified that product quality (e.g., concentrate grade, variability in concentrate grade) had a profound impact on downstream processes and suggested that improved control of these parameters would generate the greatest value for the customer (the Copper Cliff Smelter) and the company (Vale). Consequently, a movement was initiated to transform the Mill operating philosophy to consider customer needs as paramount. Systems and strategies used to drive the transformation are described. In 2011, an unexpected furnace failure resulted in decreased capacity at the Copper Cliff Smelter. In response, a two-stage change in production strategy was developed at Clarabelle. The first stage was to modify the ore blend feeding Clarabelle so that the concentrate grade could be significantly increased with minimal impact on recovery. The second stage was a circuit modification to ensure the elevated concentrate grade could be sustained. Execution of the first stage was complete five days after the failure and the second stage was complete within 10 weeks. Steps involved in each stage are outlined and the overall benefits are presented.INTRODUCTION Clarabelle Mill is located in Copper Cliff, Ontario, Canada (approximately 350 km north of Toronto). The Mill treats copper (Cu) and nickel (Ni) sulphide ores. The primary diluents are pyrrhotite (Po) and non sulphide gangue rock (Rk). The process description of the circuits at Clarabelle is documented in the paper by Taylor, Doucet, Blanchette, Barrette & Lawson (2012) in this Proceedings and will not be repeated. The Mill treats ore containing Cu, Ni and platinum group elements (PGE’s) and produces two concentrates; a Cu concentrate and a bulk Cu/ Ni Concentrate (referred to as nickel concentrate). The Cu concentrate is sold to market while the Ni concentrate is thickened at the Mill and pumped to Vale’s smelter complex in Copper Cliff Ontario for further processing. Since commissioning in 1971, Clarabelle Mill has undergone many circuit changes to suit the changing needs and wants of our customers, both internal and external. The Mill processes ores of varying quality, based on mineralogy and size and until 2009 the Mill daily performance was primarily based on throughput. The second key performance indicator (KPI) of “good” or “bad” performance was quality of the concentrate and third; Mill metal recoveries. There were other plant level KPIs such as flotation feed grind size, slurry densities and mass flows to the separation circuit, but for the most part each day was good or bad depending on how many tons were processed through the Mill."

Jan 1, 2012

By Martin Plante, Denis Hamel, Marie-Pier Bédard, Jeff McLaughlin

"The results and methodology for the optimisation of the zinc flotation circuit at the Matagami Mill using the 6-Sigma methodology are shown in detail while only the base line and final results are presented for the copper circuit. As a result of the six sigma project, the zinc concentrate grade was improved by 2% and the zinc recovery by 3%, with reduced dosage of reagents while the copper concentrate was improved by 2.4%. The process variation in the zinc concentrate grade and recovery was also reduced by over 50%. The main factors contributing to the project success were identified to be improvement in the plant measurement systems, an internal benchmarking exercise and statistically designed laboratory and in plant tests to guide the process improvement. The annual value to Noranda resulting from this project has been estimated at approximately $5 million.INTRODUCTIONThe Matagami concentrator started ore processing from the new Bell- Allard deposit in July 1999. Concentrator performance (grade and recovery of zinc and copper concentrates) was highly variable and work was ongoing to fix the sources of variation. In the mean time, Noranda embarked on its 6-Sigma initiative across the company. The 6-Sigma DMAIC (Define, Measure, Analyse, Improve, Control) methodology was used in the two flotation circuits to reduce variation and improve performance. The statistical 6-Sigma methodology moves towards identifying and controlling critical process operating variables (the X' s) to achieve customerspecified performance (the Y's). The goal of the methodology is to describe a process in a numerical equation known as the transfer function, given as Y = f (XI, X2, X3.. .), where Y could be concentrate grade or recovery and examples of X's are reagent dosage, particle size, etc. With the transfer function, optimal operating conditions and control tolerances are established for the key X's to ensure the desired Y performance is obtained.Each phase of the 6-Sigma methodology is explained below with examples from the Matagami project."

Jan 1, 2001

By J. E. Danoczi

Shore Gold Inc. (Shore) is presently designing a diamond processing plant for the Star and the Orion South kimberlite deposits in the Fort à la Corne (FalC) area in central Saskatchewan. The first step in the plant is diamond liberation and occurs in the comminution section. Diamond liberation is the process of breaking up the kimberlite rock, as gently as possible so as not to damage the diamonds. Autogenous grinding mills (AG mills) use a combination of impact crushing, abrasion and attrition to break up the kimberlite. The forces that occur during the actions of abrasion and attrition cause the kimberlites to break up preferentially along lines of weaknesses which offers a ?diamond friendly? method of comminution. Hard competent kimberlite is commonly found in the diatreme zone as well as the root zone of the volcanic pipe and is the source of kimberlite for most of the Southern African diamond mines. Softer kimberlite is typically found in and around the crater area of a volcanic pipe and it is this kimberlite that makes up the majority of kimberlite for both the Star and Orion South deposits. These softer kimberlites can be readily broken up using abrasion and attrition imparted by AG mills. In order for Shore to benefit from the softer kimberlite found in the Star - Orion South diamond project, two large (10.97 m diameter x 7.10 m long) AG mills were designed for the comminution section based on extensive test work and simulations by Metso Minerals (Metso).

Jan 1, 2012

By David Seaman, J-P Franzidis, Emmy Manlapig

"A new device has been developed to directly measure the bubble loading of particle-bubble aggregates in industrial flotation machines, both mechanical flotation cells as well as flotation column cells. The bubble loading of aggregates allows for in-depth analysis of the operating performance of a flotation machine in terms of both pulp/collection zone and froth zone performance. This paper presents the methodology along with an example showing the excellent reproducibility of the device and an analysis of different operating conditions of the device itself.The device has been used to investigate the froth selectivity of attached particles. Simultaneous measurements were made using a different froth recovery measurement technique in the same flotation cell. A comparison of these techniques shows that in this case, particles are selectively detached from bubbles at or near the pulp-froth interface.INTRODUCTIONA flotation cell can be considered to operate in two distinct phases or zones; namely the pulp or collection phase and the froth phase. The pulp zone is responsible for the formation of hydrophobic particle-bubble aggregates, whilst the froth phase is responsible for the separation of these aggregates from surrounding suspended hydrophobic and hydrophilic particles. Thus, the froth phase is the grade determining phase in flotation. A measurement of the bubble load (the mass of particles attached to air bubbles in units of mass/volume) will enable the analysis of the performance of both the collection zone at creating bubble-particle aggregates and also the froth zone at separating these aggregates from surrounding pulp.A measure of froth zone performance that has been used extensively in flotation research is the Froth Recovery, Rf, of a particular system. Froth recovery is defined as the mass of particles collected in the concentrate launder by true flotation as a fraction of the mass of particles entering the froth phase. The measurement of bubble load allows for this term to be calculated easily, rather than having to go through the laborious task of, for example, changing froth depths to determine this performance criterion (Contini et al., 1988; Vera et al., 1999b; Feteris et al., 1987)."

Jan 1, 2004

By Jim Wickens, Vince Lofftus, Mark Kravetz

"This paper discusses how Bald Mountain Gold Mine (Ely, NV) dramatically reduced mercury production by treating process solutions with a liquid reagent based on organic sulfide chemistry. Cherokee Chemical Co. Inc. (Vernon, CA) markets this reagent as UNR 81 1A.A summary of the bench tests comparing various reagents is given. The ensuing plant trial is discussed and successful mercury removal results are presented. Data is presented to show that early removal of mercury in the process reduces the amount of mercury collected at retort. Data is also presented to show that use of this reagent does not reduce gold recovery. Plant trial treatment costs are discussed. Finally, the potential of this technology to substantially reduce closure costs as compared to traditional mercury removal options is discussed.INTRODUCTIONBald Mountain Mine produces gold. Mercury is a costly by-product of gold production because no revenue is generated from mercury. Traditionally, mercury leaches out with gold and follows the gold throughout the processing circuit until it is eventually condensed and collected at Retort. Minimizing or eliminating mercury production minimizes worker health and safety risks, minimizes environmental liability, and reduces costs. In the long term, minimizing mercury production will make mine closure easier and less costly.Bald Mountain Mine dramatically reduced mercury production by treating process solutions with liquid reagents called UNR 811 and UNR 811A. Several reagents were bench tested before proceeding with a plant trial. The reagent complexes the mercury to form an insoluble organic sulfide precipitate. In independent tests, the precipitate passed acid mobilization tests and is considered stable."

Jan 1, 2001

TABAKOTO / SEGALA ? Annual gold production approximately 100,000 oz ? Debt free ? Unhedged ? Combined surface reserves 949,000 oz ? Combined 9 year life Tabakoto open pit reserve 568,000 oz (3.4m tonnes @ 5.26 g/t Au) Segala open pit reserve 381,000 oz (3.98m tonnes @ 2.98 g/t Au)

May 1, 2006

By S. Harshaw, C. Doyle, A. E. M. Warner, D. Stremlaw

"In the Utility Nickel furnaces, the hearth and sidewalls are lined with high-Al2O3 bricks. During charging and thermal cycling (more so as the linings on these reverberatory furnaces age), pieces of brick spall or abrade from the refractory and collect on the top of the bath. These pieces are removed using a non-corrosive slag toward the end of the heat when the bath temperature is ~1600°C.This benign liquid can be generated by two methods. First and most obvious, suitable ingredients can be pre-mixed so that the flux (flux A) is isochemical with the non-corrosive slag. All that is needed to produce this targetted slag is heat. Second, in other proportions (flux B), the pre-mixed ingredients generate a corrosive slag that melts completely at -1200 °C and corrodes some but not all of the brick particles on the bath surface. As the reaction progresses, the slag changes composition eventually attaining the targetted benign composition. Using this option, additions are monitored to avoid overfluxing. In both cases, the generated slag/brick mixture can then be rabbled from the furnace. This practice has been successfully used for over two years and has been a factor in extending Utility Nickel furnace life to its current levels (about25% increase)."

Jan 1, 1993

By M. Maldonado, J. A. Finch

"A flotation bank consists of a serial arrangement of cells. How to optimally operate a bank remains a challenge. This article reviews three strategies for optimizing bank performance: air profiling, mass-pull (froth velocity) profiling and Peak Air Recovery (PAR) profiling. These are all ways of manipulating the recovery profile down a bank, which may be the property being exploited. Mathematical analysis has shown that a flat cell-by-cell recovery profile maximizes the separation of two floatable minerals for a given target bank recovery when the relative floatability is constant down the bank. Available bank survey data is analyzed in respect to recovery profiling. Possible variations on recovery profile to minimize entrainment are discussed.INTRODUCTION Flotation is used to separate valuable minerals from each other and from gangue. To reach a target metallurgical performance, usually assessed in terms of concentrate grade and recovery, feed is passed through stages such as roughing, cleaning and scavenging. All these stages comprise serial arrangements of flotation cells known as banks, lines or rows. Although a bank is the simplest interconnection of cells in a circuit, i.e. the tails of one cell is the feed to the next cell down the bank, how to operate each flotation cell in a way that the whole bank performance is optimized remains a challenge. Significant efforts have been made towards understanding the effect of operating variables on the flotation performance of an isolated cell (Lynch et al., 1981; Finch and Dobby, 1990; Gorain et al., 1998). However in the case of banks the variables that can be manipulated increase with the number of cells in the bank and the problem of how to manipulate them to achieve optimum performance is difficult even disregarding variation in ore characteristics (Lynch et al., 1981, p. 16). In general, the more manipulated variables available the better for optimization purposes, however without clear guidance how to effectively use them it becomes an “embarrassment of riches”."

Jan 1, 2012

By J. A. Allan

OCCURRENCES of salt in Alberta have been mentioned and described by the writer in 1929 (l) and by Cole in 1930 (2). Brine springs occur at a number of places along the valley of Athabaska river north of latitude 56 degrees, and also on the south margin of Salt prairie, twenty-five miles west of Fitzgerald in the vicinity of the 60th parallel of latitude, which is the boundary between Alberta and the Northwest Territories. These salt springs were visited by Sir James Richardson in 1820, and in the same year D. W. Harmon stated that " ... clown Salt river there are several places where almost any quantity of excellent dean white salt may be taken with as much ease as sand along the seashore" (3). One hundred years later, in 1920, when the writer first visited these springs, the "dean white salt" which had accumulated about the springs was about 400 tons ( 4). This paper deals with a thick deposit of rock-salt which has been proved by drilling in the vicinity of McMurray. Particular attention will be given to a well drilled at Waterways early in 1936 by Industrial Minerals, Limited, when a continuous bed of rock-salt was penetrated with a thickness of 199 feet. As this paper is being presented, a salt plant is being completed and a production well is being drilled at the plant. < is salt deposit is in the vicinity of McMurray, close to the junction of the Clearwater and Athabaska rivets, in township 89, range 9, west of the 4th meridian. McMurray is about 240 miles northeast from Edmonton. As shown on Figure 1, Clearwater river, which rises at Methy portage, in Saskatchewan, enters Athabaska river at McMurray. Some three miles above the mouth of Clearwater river, the Hangingstone enters from the southwest. Waterways, where the latest salt development has taken place, is situated at the end of the Northern Alberta railway, a distance of 304 miles from Edmonton. This railway reaches the bottom of the Clearwater valley at Draper station, about 3 miles east of Waterways and near the mouth of Deep creek. The Draper bituminous sand plant is approximately half a mile east of Draper station. About one mile south of the townsite of McMurray, Horse river enters the Athabaska from the east.

Jan 1, 1937

By S. Goodman

Successful exploration for and exploitation of a mineral deposit requires an accurate understanding of the deposit architecture in 3D, and of the development of the mineralizing system through time, which requires a thorough comprehension of the structural framework of the deposit. The integration of geological, geophysical and geochemical datasets to arrive at a 4D structural framework is well-established and has been successfully applied by SRK Consulting in projects from deposit to regional scale. In some cases, we can go beyond this, applying the SEEBASETM technique, which utilizes a ?bottom-up? approach to basin analysis. SRK?s approach primarily relies on the interpretation of magnetic and gravity data, calibrated with many other datasets including mapped geology, topography, event histories, wells/drillholes and seismic data. The SEEBASETM model is a culmination of this data integration and is produced through an iterative process of structural interpretation and geophysical modeling, where an interpretation of basement composition and 4D structure is used to constrain depth-to-basement geophysical modeling, and the modeled depths are then used in conjunction with the structural interpretation to constrain contouring of the basement topography. The result is a rigorously calibrated, 3D view of the basement surface, which can be used to understand the basement and basin architecture, and thus serves as a predictive exploration model. This technique, which was developed for use in the petroleum industry, is now finding success as a predictive tool in mineral exploration.

May 1, 2003

By Nick D. Rose

The Dy deposit is a 21 Mt Pb-Zn-Ag-Au SEDEX-type massive sulphide resource located in the Anvil District, Faro, Yukon. This relatively unexplored orebody lies at a depth of 480 to 920m below surface, dips 20 to 35o and comprises vertical ore thicknesses of 3 to 28m at a 9% Pb + Zn cut-off grade. The deposit has been tested at depth with 63 surface diamond drillholes, but has not yet been explored or developed by underground means. Over the past decade, pre-feasibility investigations were conducted for two separate owners of the property to determine the economic viability of developing an underground mine at Dy. Following these previous studies an assessment was undertaken between 1998 and 2000 to further investigate geotechnical considerations for underground mining. The results and conclusions drawn from this study provide direction for possible future exploration at Dy.

May 1, 2002

By S. B. Mishra

Ni-20Cr metallic coating was deposited on a Ni-based Superalloy (3Fe-19.5Cr¬0.3Ti-Balance Ni) by a shrouded plasma spray process; NiCrA1Y was used as a bond coat. Erosion studies were conducted on uncoated and plasma-spray coated superalloy specimens using an air-jet erosion test rig at a velocity of 40 m/s and impingement angles of 30° and 90°. The coating has been characterized for porosity, microhardness and microstructure and X-Ray Diffraction (XRD). An electron probe micro analyzer (EPMA) was used to obtain X-ray elemental mappings of the coating along the cross-section. Scanning electron microscope (SEM) with EDAX attachment was used to analyze the eroded surfaces.

Jan 1, 2005

By George Chung

"The Iron Ore Company of Canada's Carol Lake Project is Located near the western boundary of Labrador, 960 air kilometers northeast of Montreal (Figure 1).The Concentrator operation was started in 1962 with a capacity to produce 7 million tonnes of concentrate per year. The bulk of the concentrate was pelletized at a 6 million tonnes per year pelletizing plant completed in 1963. The remaining concentrate was sold in the international market. The concentrator was first expanded in 1966 to 10 million tonnes per year capacity with the pellet plant also expanded in 1967 to match the increase in concentrate production. In 1973, the concentrator was further expanded to gear with the increase in concentrate sales. In 1977, more than 40 million tonnes of crude ore was processed to produce in excess of 17.4 million tonnes of concentrate and 10.4 million tonnes of pellets."

Jan 1, 1980

By G. H. Blackwell, N. I. Norrish

"At most operating mines, geostatistical are reserve estimation methods have been implemented by head office or consulting groups . With recent advances in small computer technology it is now possible for a remotely-located mine department to independently implement a geostatistical package.This paper describes the evolution of geostatistical routines to calculate the mineral inventory for porphyry type copper/ molybdenum or similar are bodies. The problems encountered in down sizing the geostatistical routines to run using limited minesite computing facilities are discussed. The high quality of the results, in spite of some compromises to geostatistical theory, is emphasized.The first stage entailed the development of a mineral inventory based on diamond drill data. The difficulties in fitting variogram models to two metals, copper and molybdenum, and the shortcomings of the mineral inventory due to the mixing of lesser quality exploration data with data from more recent diamond drilling are discussed.To improve the ore reserve estimates for short-term planning, a mineral inventory was produced using both the diamond drill and production blast hole drilling data. This inventory, when compared to actual grades, was found to be quite satisfactory for short-term planning. The inventory also provided a reliable data base for long range pit design and financial planning. By regularly updating the mineral inventory, many of the uncertainties of mining a low-grade orebody were minimizedIntroductionThe comparatively low grades of many Canadian mineral deposit s, the escalation of mine operating costs, and the volatility of metal prices in recent years, has required improvements to both short- and long-term mine planning.One of the prerequisites to improved planning systems is the need for accurate grade prediction. This paper describes the on-site implementation of geostatistical techniques for grade estimation of a porphyry I vein type copper/molybdenum ore body ."

Jan 1, 1987

By Michel Ruel

"PID loops – also known as base layers or regulatory controls – form the foundation of any plant’s control layer and it is generally accepted that PID loop health has a direct impact on the plant’s bottom line. Keeping these thousands of control loops in good health has a direct impact on the plant’s bottom line: it reduces variability, improves quality and throughput, and decreases energy costs and raw material usage. This has been well proven and documented in many articles. In the last ten years, technology has evolved: control engineers can now keep track of control loop performance and link it to the root causes of variability. However, they lack industry-wide best practices and criteria for determining what can be considered as excellent, good, fair, or poor performance. To ensure that PID control loops continue to perform well and meet their objectives, control engineers need a combination of (a) an appropriate monitoring technology and (b) best practices for doing the maintenance of base layer controls.Most plants have limited resources and operate with an increasing number of constraints; therefore, using the right tools and including reports in daily workflow is key for success. This paper suggests roles and responsibilities of key players needed to work toward control performance best practices and discuss organisational changes to succeed.INTRODUCTIONAlthough PID controllers are reliable workhorses in the process industry, they are often underrated. Since the 1980’s, computer control has evolved and the control algorithms used by control engineers have become increasingly complex. However, PID controllers still handle over 90% of the control loops in operating plants. Table 1 shows the savings that can be realized by achieving best-practice in several different process control categories (Brisk, 2004). The savings are expressed as a percentage of production costs."

Jan 1, 2011

By Gordon E. Agar, Brian Lyons, Gregory H. Styles, William B. Kipkie

"Rock rejection during the flotation of a copper-nickel ore was improved by adding carboxymethyl cellulose to both a rougher and cleaner flotation stage. The selection of the rock depressant was based on laboratory rates studies. Plant operating results are presented which confirm the laboratory selection of two particular brands of carboxymethyl cellulose.The rock assay of the concentrate was reduced from more than 40% to less than 15%.IntroductionThe traditional method of selecting flotation reagents relied upon batch bench scale tests, conducted under arbitrary conditions, to identify the effect of the reagent under examination. Too often these were ""one-off"" tests with little or no regard paid to the reproducibility of the results. Sophisticated researchers used statistical methods to design and evaluate the experiments but they were still obliged to rely on the arbitrary and often unreliable batch tests to generate the numbers that were analyzed statistically. An interesting side-effect of the enhanced sophistication of the statistical analysis was often that no significant effects would be uncovered in a series of experiments that would have generated many positive conclusions and much further experimentation if the same results had been evaluated by the traditional method.In the recent past, at least two groups of researchers a have directed their attention to the reliability of the batch experiments with a view toward improving the reproducibility of the test data. In this work the best of the improvements advocated by both of these groups have been adopted in order to generate kinetic data from batch tests that are as reproducible as possible.The objective of the work was to reduce the rock content of a bulk sulphide concentrate produced at Inco&apos;s Shebandowan mill. During 1982 the Shebandowan concentrate analyzed 3.5% Cu, 7.4010 Ni, 25% pyrrhotite and more than 40% rock, which resulted in an MgO content of 10.4%. Besides the expense of shipping all of this rock to Sudbury, the rock also contributed to the poor filterability of the concentrate. On favourable occasions the moisture content of the filter cake was slightly over 20% by weight. The magnesia content of the concentrate was deleterious to the reverberatory furnaces used by Inco for smelting nickel concentrate because the slag viscosity increased as the magnesia content increased, and the nickel lost in the slag went up."

Jan 1, 1987

By Karl J. C. Harries

"14.1. INTRODUCTION1The boilerplate of an agreement is not a single provision, but a series of provisions that are expected in “every agreement”. They are sometimes also referred to as the “lawyer’s provisions”. Many businessmen consider the boilerplate to be superfluous and, to some extent, window-dressing by the lawyers – even legalese. They will often offer advice to the effect that it can “pretty well be ignored”. Such advice could not be more wrong.Most boilerplate provisions are essential parts of every agreement. Some may be part of a “standard package” and may have little relevance to the agreement at hand, but these are the exception rather than the rule. The exceptions should not be treated as justification for giving all these provisions short shrift. The boilerplate should receive the same review, consideration, and negotiation as the provisions that set forth the business deal. It is often these provisions that make the deal work or that are turned to at the time of disputes. If they are inadequate, as they sometimes are (unfortunately, some draftsmen are also loath to review or update their standard boilerplate provisions or to tailor them to the deal at hand), they can create problems, rather than offer solutions. Such problems can be costly and time-consuming for the parties to address. Inadequate or incomplete provisions may ultimately be one of the reasons for the parties to turn to the courts to settle their differences. On the other hand, good boilerplate provisions can help keep them out of the courts.One of the principal objectives of an agreement should be to provide procedures, or mechanics, for implementing agreed principles and for the parties to follow to settle their differences, real or perceived, without going to the expense and disruption of a lawsuit. An agreement should aim to keep the parties away from the courts, not serve as a springboard to the courts. It must nevertheless be acknowledged that, if there is a major falling-out among the parties to an agreement, the chances are that, however carefully the provisions of that agreement have been negotiated and drafted, the parties will end up before the courts or some other adjudicating body."

Jan 1, 2003