Common use of Facility Improvements Clause in Contracts

Facility Improvements. The Supplier has completed or is currently undertaking the following investments at the Dunkerque Facility: • Replacement of all molten metal transportation trucks (in progress) • *** station refurbishment (completed) • Alloying elements weighting station refurbishment (in progress) • Furnace weighting system - Batch pilot (in progress) • *** implementation in furnaces for *** control (in progress) • The Supplier is currently considering other steps to be implemented in the 2011 Contract Year at the Dunkerque Facility, including implementing ***, and may also consider including further investments that it may determine to be necessary or advantageous to meeting its objectives. • The Supplier may make any appropriate changes to the investments described above in order to address health, safety and environment, quality, ergonomics and/or economic matters. • The Supplier has commenced the introduction of the “Lean” operating process and intends to continue to work with a view to improving its operational performance at the Dunkerque Facility, in order to satisfy its obligations to the Purchaser and improve its metal quality and supply chain performance under this Agreement. • In order to implement the facility and operational improvements described in this Schedule 9, the Supplier requires the Purchaser’s co-operation. The planning lead time and adequate notice of the mix and quantities of products to be supplied to the Purchaser are essential to improving quality and service at the Dunkerque Facility. The Parties’ cooperation will focus on continuous improvements. *** Certain information on this page has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.