SHEQ

37.2 Legal Agreement

Tubatse Alloy Smelter

P/bag 99507
Steelpoort, 1133
Telephone: +27(0) 13 214 6662

AGREEMENT ON OCCUPATIONAL HEALTH AND SAFETY

In accordance with the provisions of Section 37(2) of the Occupational Health and Safety Act 85
of 1993

AS ENTERED INTO BY AND BETWEEN

Tubatse Alloy Smelter (Pty) Ltd

(Registration Number: 2015/356066/07)
(Hereinafter referred to as “Tubatse Alloy Smelter”)

And

Madisengenterprise PTY/LTD
(Reg 2022/763172/07 )
(Hereinafter referred to as “the Service Provider”)

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TABLE OF CONTENTS

1. DEFINITIONS AND INTERPRETATION......................................................................................................... 4

1.2 INTERPRETATION.......................................................................................................................................... 5

2 STUCTURE AND PRECEDENCE.................................................................................................................. 5

3 REPORTING.................................................................................................................................................... 5

4 WARRANTY OF COMPLIANCE.................................................................................................................... 6

5 SERVICE PROVIDER AN EMPLOYER......................................................................................................... 6

6 APPOINTMENTS AND TRAINING................................................................................................................. 6

7 SUPERVISION, DISCIPLINE AND REPORTING.......................................................................................... 7

8 ACCESS TO THE OHS ACT.......................................................................................................................... 7

9 CO-OPERATION............................................................................................................................................. 7

10 WORK PROCEDURES................................................................................................................................... 8

11 HEALTH AND SAFETY MEETINGS.............................................................................................................. 8

12 COMPENSATION REGISTRATION............................................................................................................... 8

13 MEDICAL EXAMINATIONS............................................................................................................................ 9

14 INCIDENT REPORTING AND INVESTIGATION........................................................................................... 9

15 SUB-CONTRACTORS.................................................................................................................................... 9

16 SECURITY AND ACCESS.............................................................................................................................. 9

17 FIRE PRECAUTIONS AND FACILITIES...................................................................................................... 10

18 PROVISION OF EMERGENCY FACILITIES............................................................................................... 10

19 ABLUTION AND EATING FACILITIES........................................................................................................ 10

20 HYGIENE AND CLEANLINESS................................................................................................................... 10

21 NO NUISANCE.............................................................................................................................................. 10

22 INTOXICATION NOT ALLOWED................................................................................................................. 10

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23 PERSONAL PROTECTIVE EQUIPMENT.................................................................................................... 11

24 PLANT, MACHINERY AND EQUIPMENT................................................................................................... 11

25 NO USAGE OF TUBATSE ALLOY SMELTERS EQUIPMENT..................................................................11

26 TRANSPORT................................................................................................................................................. 11

27 CLARIFICATION........................................................................................................................................... 11

28 DURATION OF AGREEMENT...................................................................................................................... 12

29 HEADINGS..................................................................................................................................................... 12

30 PARTIES’ REPRESENTATIVES................................................................................................................... 12

31 DOMICILIUM.................................................................................................................................................. 12

32 MISCELLANEOUS........................................................................................................................................ 13

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37.2 Legal Agreement

This Agreement is entered into between –

(1) Tubatse Alloy Smelter (Pty) Ltd (2015/356066/07; and

(2) Madiseng enterprise (Registration Numbers 2022 /763172 /07).

The Parties agree as follows:

1. DEFINITIONS AND INTERPRETATION

1.1 Definitions
In this Agreement, unless clearly inconsistent with or otherwise indicated by the context, words
and expressions defined in the Master Terms and Conditions and in the OHS Act shall bear the
meaning assigned to them in this Agreement, and unless clearly inconsistent with or otherwise
indicated by the context –

1.1.1 “Agreement” means the agreement set out in this document and the appendices hereto.

1.1.2 “Commencement Date” means [8/05/2023 ] notwithstanding the date of signature of this
Agreement;

1.1.3 “Days” means calendar days.

“General Manager” means the General Manager of Tubatse Alloy Smelter;

“Health and Safety Specialist” means the individual employed by Tubatse Alloy Smelter in the
position of Health and Safety Specialist;

1.1.4 “Law/s” means any law of general application and includes the common law and any statute,
constitution, decree, treaty, regulation, directive, ordinance, by-law, standard or any other
enactment of legislative measure of government (including local and provincial government)
statutory or regulatory body which has the force of law in the Republic of South Africa.

1.1.5 “Master Terms and Conditions” means Samancor’s Master Terms and Conditions for the
Supply of Goods and Services posted at [http://www.samancorcr.com/].

1.1.6 “OHS Act” mean the Occupational Health and Safety Act, 85 of 1993 and all its Regulations,
as amended.

1.1.7 “Samancor” means Samancor Chrome Limited (Registration Number 1926/008883/06), a

company duly registered and incorporated in terms of the laws of the Republic of South
Africa.

1.1.8 “Services/Work” means the Services/Work to be performed by the Service Provider at

Tubatse Alloy Smelter.
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1.1.9 “Service Provider” means [Madiseng enterprise] Proprietary Limited (Registration

2022/763172/07), a company duly registered and incorporated in terms of the laws of the
Republic of South Africa, herein represented by [ Nicholas mndebele ], in
his/her capacity as
[ director ] (preferably a CEO/ Director or 16.2 Appointee) she/he being
duly authorized thereto by a resolution of the board of directors of the Supplier; and

1.1.10 “Tubatse Alloy Smelter” means Tubatse Alloy Smelter (Pty) Ltd (Registration Number:
2015/356066/07 a company duly registered and incorporated in terms of the laws of the
Republic of South Africa, herein represented by Mandla Thabethe in his capacity as SHEQ
Manager being duly authorized thereto by a resolution of the board of directors or as per
16.2 legal appointment of the Tubatse Alloy Smelter.

1.2 Interpretation
Where any term is defined within the context of any particular clause in this Agreement, the terms
so defined, unless it is clear from the clause in question that the term so defined has limited
application to the relevant clause, shall bear the meaning ascribed to it for all purposes in terms
of this Agreement, notwithstanding that that term has not been defined in clause 1.1 of this
Agreement.

2 STUCTURE AND PRECEDENCE

This Agreement expressly incorporates the Master Terms and Conditions, but in the event of a conflict
between the provisions of the Master Terms and Conditions and the provisions of this
Agreement, the provisions of this Agreement shall prevail to the extent of the conflict.

No addition and/or modification shall be binding on Samancor, unless specifically accepted in writing
by the General Manager on behalf of Tubatse Alloy Smelter. Where the Service Provider’s
quotation, order acknowledgement or any other correspondence contain terms and conditions in
conflict with or in addition to this Agreement, such contrary and/or additional terms and
conditions are hereby expressly rejected and neither acceptance by Tubatse Alloy Smelter of the
Services in terms of this Agreement and/or a Purchase Order nor payment therefore shall
constitute a waiver by Samancor of any of the provisions of this Agreement or assent to any
other conditions.

3 REPORTING
3.1 The Service Provider and/or his designated representative appointed in terms of Section 16 (2) of
the OHS Act, shall report to the Health and Safety Specialist and/or representative designated by
the Tubatse Alloy Smelter prior to commencing with the provision of the Services at Tubatse
Alloy Smelter’s premises.

3.2 The Service Provider shall comply with the following prior to commencing with the provision of
the Services at Tubatse Alloy Smelter:

3.2.1 Ensure that this Agreement has been signed by both parties.

3.2.2 Ensure that all of its employees, agents and/or representatives involved in the provision of the
Services have attended the SHEQ induction course presented by Tubatse Alloy Smelter.

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3.2.3 Conduct a risk assessment on the Services to be supplied to Tubatse Alloy Smelter and a copy
of the risk assessment results must handed to the Health and Safety Specialist and/or the
designated Tubatse Alloy Smelter representative.

3.2.4 Obtain a permit to perform the Services from the Health and Safety Specialist or the designated
Tubatse Alloy Smelter Representative; and

3.2.5 Complete a tool list at the security gate upon first entering Tubatse Alloy Smelter premises and
when any additional tools are brought onsite.

4 WARRANTY OF COMPLIANCE
4.1 In terms of this Agreement, the Service Provider warrants that it agrees to the arrangements and
procedures, as prescribed by Tubatse Alloy Smelter, and as provided for in terms of Section
37(2) the OHS Act, for the purposes of compliance with the OHS Act.

4.2 The Service Provider acknowledges that this Agreement constitutes an agreement in terms of
Section 37(2) of the OHS Act, whereby all responsibility for health and safety matters relating to
the Services provided by the Service Provider and its employees, agents and/or representatives
at Tubatse Alloy Smelter shall be the obligation of the Service Provider.

4.3 The Service Provider further warrants that it, its employees, agents and/or representatives shall
comply with all the relevant provisions of the OHS Act. Without derogating from the generality of
the above, the Service Provider shall ensure that it, its employees, agents and/or representatives
at all times strictly comply with all the provisions of this Agreement.

4.4 The Service Provider hereby undertakes to ensure that the health and safety of any other person
on the Tubatse Alloy Smelter premises is not endangered by the conduct and/or activities of its
employees, agents and/or representative while they are on the Tubatse Alloy Smelter premises.

5 SERVICE PROVIDER AN EMPLOYER

The Service Provider shall be deemed to be an employer in his own right whilst on Tubatse Alloy
Smelter’s premises. In terms of Section 16(1) of the OHS Act, the Service Provider shall
accordingly ensure that the requirements of the OHS Act are complied with by it, its employees,
agents and/or representatives.

6 APPOINTMENTS AND TRAINING

6.1 The Service Provider shall appoint competent persons as per Section 16 (2) of the OHS Act.
Any such appointed persons shall be trained on all occupational health and safety matters, and
the OHS Act provisions pertinent to the Services that are to be performed under their
responsibility and copies of documents detailing any such appointments made by the Service
Provider shall immediately be provided to the Tubatse Alloy Smelter.

6.2 The Service Provider shall further ensure that all its employees, agents and/or representatives
are trained on the health and safety aspects relating to the Services and that they understand the
hazards associated with such Services being provided at the Tubatse Alloy Smelter premises.
Without derogating from the generality of the above, the Service Provider shall, in particular,
ensure that all its employees, agents and/or representatives responsible for the use or operation

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of any materials, machinery or equipment are properly trained in the use and/or operation of such
materials, machinery or equipment.
6.3 Notwithstanding the above provisions, the Service Provider shall ensure that it, its employees,
agents and/or representatives are at all times familiar with the provisions of the OHS Act and that
they strictly comply with the provisions thereto.

7 SUPERVISION, DISCIPLINE AND REPORTING

7.1 The Service Provider shall ensure that all Services provided at Tubatse Alloy Smelter are
conducted under strict supervision, and that no unsafe or unhealthy work practices are permitted.
Discipline regarding health and safety matters shall be strictly enforced against all of its
employees, agents and/or representatives regarding non-compliance by any such employee
agent and/or representative with any health and safety matters.

7.2 The Service Provider shall further ensure that its employees, agents and/or representatives
report to it all unsafe or unhealthy work situations immediately after they become aware of the
same, and that it shall in turn immediately report these to Tubatse Alloy Smelter and/or its
designated representative before the end of the shift during which such unsafe or unhealthy work
situation was identified.

7.3 Service Provider shall exercise strict supervision over industrial relations and ensure a sound
industrial relations climate. The control and management of misconduct and unacceptable
behavior shall include:

7.3.1 The use of abusive, derogatory and offensive language.

7.3.2 Racially abusive language.

7.3.3 Assault or threat of assault; and

7.3.4 Sexual harassment.

8 ACCESS TO THE OHS ACT

The Service Provider shall ensure that it all times has an updated copy of the OHS Act on site at
all times, and that this is accessible to its employees, agents and/or representatives. The parties
may make arrangements for the Service Provider, its employees, agents and/or representatives
to have access to Tubatse Alloy Smelter’s copy of the OHS Act, however, such arrangement
shall in no way relieve the Service Provider of its obligations in terms of this clause.

9 CO-OPERATION
9.1 The Service Provider, its employees, agents and/or representatives shall full co-operate and
provide all requested information if and when required by Tubatse Alloy Smelter and/or its
designated representative concerning any occupational health and safety issues concerning the
Service Provider. It is hereby recorded that Tubatse Alloy Smelter and/or its designated
representative shall at all times be entitled to at any time request information from the Service
Provider and to make inquiries into any occupational health and safety matters concerning the
Service Provider and/or the provision of the Services.

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9.2 Without derogating from the generality of the above, the Service Provider shall make available to
Tubatse Alloy Smelter and/or its designated representative, on request, any checklists and
inspection registers required to be kept by it in respect of any of its materials, machinery and
equipment.

10 WORK PROCEDURES
10.1 The Service provider shall be entitled to utilise the procedures, guidelines and other
documentation as used by Tubatse Alloy Smelter for the purposes of ensuring a healthy and safe
working environment. The Service Provider shall ensure that its employees, agents and/or
representatives are familiar with, and utilise these procedures, guidelines and documentation.

10.2 The Service Provider shall implement and enforce safe work practices as prescribed by Tubatse
Alloy Smelter, and it shall ensure that its employees, agent and/or representatives understand
the contents of these practices and that they adhere to such practices.

10.3 The Service Provider shall ensure that Services for which a permit is required, by Tubatse Alloy
Smelter is not performed by its employees, agents and/or representatives prior to the obtaining of
such a permit.

10.4 The Service Provider is required to keep a site file as per Tubatse Alloy Smelter ’s standards and
all original records and/or documents shall be kept in the said site file.

11 HEALTH AND SAFETY MEETINGS

If required in terms of the OHS Act, the Service provider shall establish its own health and safety
committee(s), and ensure that its employees, agents and/or representatives, being the committee
members, hold health and safety meetings as often as may be required, and at least once every
three (3) months. Tubatse Alloy Smelter may elect, at its sole and absolute discretion, to permit
the Service Provider’s health and safety representatives to attend Tubatse Alloy Smelter’s health
and safety committee meetings.

12 COMPENSATION REGISTRATION
The Service Provider shall ensure that it has a valid registration with the Compensation
Commissioner, as required in terms of the Compensation for Occupational Injuries and Diseases
Act 130 of 1993, and that all payments owing to the Compensation Commissioner are discharged
as and when they become due.

The Service provider shall further ensure that such registration shall remain in force whilst any of
its employees remain or are still providing Services at Tubatse Alloy Smelter. Proof of registration
with the Compensation Commission shall be provided by the Service Provider to the Tubatse
Alloy Smelter as and when required and Tubatse Alloy Smelter shall at any time be entitled to
request proof of such registration and the Service Provider shall provide such proof immediately
on request.

13 MEDICAL EXAMINATIONS
The Service Provider shall ensure that all its employees undergo annual routine medical
examinations, and that they are medically fit for the purpose of the work they are to perform.

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14 INCIDENT REPORTING AND INVESTIGATION

14.1 All incidents, referred to in Section 24 of the OHS Act, shall be reported, by the Service Provider
to the Department of Labour. All such incidents reported to the Department of Labour shall also
immediately be reported to the Tubatse Alloy Smelter designated representative and/or the
Health and Safety Specialist. The Service Provider shall provide Tubatse Alloy Smelter with
copies of any written documentation relating to any such incident.
14.2 Tubatse Alloy Smelter retains an interest in the notification of any such incident as described
above, as well as any formal investigation and/or inquiry conducted in terms of Section 32 of the
OHS Act into such incident. The Service Provider shall, in that regard, provide Tubatse Alloy
Smelter with all relevant documents and/or records pertaining to such notification, formal
investigation and/or enquiry immediately on request by Tubatse Alloy Smelter.

15 SUB-CONTRACTORS
15.1 The Service Provider shall notify Tubatse Alloy Smelter of any sub-contractor it may wish to
perform work at Tubatse Alloy Smelter’s premises. It is hereby recorded that all the terms and
provisions contained in this clause shall be equally binding upon any such sub-contractor prior to
the sub-contractor commencing with the work. Without derogating from the generality of this
paragraph:

15.1.1 The Service Provider shall ensure that training as discussed in the preceding paragraphs, is
provided to such sub-contractor and to the employees, agents and/or representatives of
such sub-contractor, prior to the sub-contractor commencing work at Tubatse Alloy
Smelter’s premises.

15.1.2 The Service Provider shall ensure that work performed by the sub-contractor is conducted
under strict supervision and discipline, as described in paragraph 7.1 above.

15.1.3 The Service Provider shall inform Tubatse Alloy Smelter of any health and safety hazards
and/or issues that the sub-contractor brings to its attention.

15.1.4 The Service provider shall inform Tubatse Alloy Smelter of any difficulty or issues
encountered with regard to compliance by the sub-contractor with any health and safety
instructions, procedures and/or legal provision applicable to the work the sub-contractor
performs at Tubatse Alloy Smelter’s premises.

16 SECURITY AND ACCESS

16.1 The Service Provider, its employees, agents and/or representatives shall only access and exit
Tubatse Alloy Smelter’s premises through the main gate(s) and/or checkpoint(s) designated by
the Tubatse Alloy Smelter. The Service Provider shall ensure that its employees, agents and/or
representatives shall observe the security rules and procedures of Tubatse Alloy Smelter at all
times and shall not permit any person who is not directly associated with the work to enter
Tubatse Alloy Smelter’s premises.

16.2 The Service Provider, its employees, agents and/or representatives shall not enter into any area
of Tubatse Alloy Smelter which is not directly associated with the provision of the Services.

16.3 The Service Provider shall ensure that all materials, machinery or equipment brought by it onto
the Tubatse Alloy Smelter premises are registered at the main gate(s) and or checkpoint(s). A

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failure to do this may result in a refusal by Tubatse Alloy Smelter to allow such materials,
machinery or equipment to be removed from the Tubatse Alloy Smelter premises.

17 FIRE PRECAUTIONS AND FACILITIES

17.1 The Service Provider shall further ensure that all its employees, agents and/or representatives
are familiar with fire precautions at Tubatse Alloy Smelter, including, but not limited to fire alarm
signals and emergency exits and that such precautions are adhered to.
In addition to fire-extinguishers that Service Providers are expected to supply for example in
vehicles and if hot work is part of their scope, the Service Providers can also make use of fire
extinguishing equipment available at Tubatse Alloy Smelter in all required work areas where
Service Providers are conducting work.

18 PROVISION OF EMERGENCY FACILITIES

The Service Provider shall have access to Tubatse Alloy Smelter’s emergency facilities such as:
Emergency Response Team, On-site Medical Facilities; and may make use of Tubatse Alloy
Smelter’s First Aiders and First Aid boxes provided in the plant areas in which they will be
working.

19 ABLUTION AND EATING FACILITIES

19.1 The Service Provider shall make use of eating and ablution facilities as provided by Tubatse
Alloy Smelter unless alternative arrangement has been agreed upon.

20 HYGIENE AND CLEANLINESS

The Service Provider shall ensure that the area where the Services are performed is at all times
maintained to reasonably practicable levels of hygiene and that its employees, agents and/or
representatives maintain the surrounding area of the work site to a reasonably practicable level
of cleanliness. In this regard, no loose materials shall be left lying unnecessarily, and the work
site shall be cleared of waste material regularly and on completion of the provision of the
Services.

21 NO NUISANCE
21.1 The Service Provider shall ensure that neither it nor its employees, agents and/or representatives
undertake any activity that may cause environmental impairment, nor constitute any form of
nuisance to Tubatse Alloy Smelter and/or its surroundings and shall comply with all relevant and
applicable Laws.

21.2 The Service Provider shall ensure that no hindrance, hazard, annoyance or inconvenience is
inflicted on other service providers at Tubatse Alloy Smelter. Where such situations are
unavoidable, the Service Provider shall give prior written notice to the Tubatse Alloy Smelter.

22 INTOXICATION NOT ALLOWED

No intoxicating substance of any form shall be allowed at the Tubatse Alloy Smelter premises.
Any person suspected of being intoxicated shall not be allowed on to the Tubatse Alloy Smelter
premises. Save that any person required to take medication shall notify the onsite occupational
health clinic who then consult with the Tubatse Alloy Smelter SHEQ department regarding the
potential side effects of the medication.

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23 PERSONAL PROTECTIVE EQUIPMENT

The Service Provider shall ensure that its employees, agents and/or representatives are provided
with adequate personal protective equipment (“PPE”) for the work they may perform, and in
accordance with the requirements of General Safety Regulation 2(1) of the OHS Act. The PPE
shall comply with the minimum PPE requirements as set out in the relevant Tubatse Alloy
Smelter procedures. Additional PPE for high-risk areas shall be communicated to service
providers via SHEQ inductions.

24 PLANT, MACHINERY AND EQUIPMENT

24.1 The Service Provider shall ensure that all the plant, machinery, equipment and/or vehicles it
utilizes at Tubatse Alloy Smelter’s premises are at all times of sound order and fit for the purpose
for which it is intended to be utilised for, and that it complies with the requirements of Section 10
of the OHS Act.

24.2 Service Provider assumes legal responsibility as stated in section 10 of the OHSA for all work
conducted on site and for any plant, machinery, equipment and/or vehicles supplied to or utilised
at Tubatse Alloy Smelter.

25 NO USAGE OF TUBATSE ALLOY SMELTERS EQUIPMENT

The Service Provider hereby acknowledges that its employees, agents and/or representatives
shall not be permitted to use any materials, machinery or equipment belonging to Tubatse Alloy
Smelter unless the prior written consent of Tubatse Alloy Smelter has been obtained, in which
case, the Service Provider shall ensure that only those persons authorised to make use of the
same, have access thereto.

26 TRANSPORT
26.1 The Service Provider shall ensure that all road vehicles used on the premises are in a
roadworthy condition, are licensed and insured. All vehicles will comply with applicable standards
as determined by Tubatse Alloy Smelter Fatal Risk Control Protocols. All drivers shall have
relevant valid driving licences and no vehicle shall carry passengers unless it is specifically
designed to do so. All drivers shall adhere to the speed limits and road signs at the Tubatse
Alloy Smelter premises.

26.2 In the event that any hazardous substances are to be transported on the premises, the Service
Provider shall ensure that the requirements of the Hazardous Chemical Substances Act, 15 of
1973 are complied with at all times.

27 CLARIFICATION
In the event that the Service Provider requires clarification of any of the terms or provisions of
this Agreement, it should contact the Health and Safety Specialist.

28 DURATION OF AGREEMENT
This Agreement shall remain in force for the duration of the time within which the Services are to
be performed by the Service Provider and/or whilst any of the Service Provider’s employees,
agents and/or representatives are present at Tubatse Alloy Smelter ‘s premises.

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29 HEADINGS
The headings as contained in this agreement are for reference purposes only and shall not be
construed as having any interpretative value in themselves, nor any indication as to the meaning
of the contents of the paragraphs contained in this agreement.

30 PARTIES’ REPRESENTATIVES
The Parties’ respective representative(s) duly authorised to issue and accept instructions with
regard to the supply of Services in terms of this Agreement shall be:

Tubatse Alloy Smelter Representative

Name Nicolene Jacobs
Telephone 013 214 6662
E-mail Nicolene.Jacobs@samancorcr.com
Tubatse Alloy Smelter Health and Safety (SHEQ) Manager
Name Mandla Thabethe
Telephone 013 214 6629
Email Mandla.thabethe@samancorcr.com
Service Provider Representative
Name Nicholas Mndebele
Telephone x0734865557
E-Mail xmadisengenterprise@gmail.com

31 DOMICILIUM
31.1 The Service Provider chooses as its domicilium citandi et executandi for all purposes arising out
of or in connection with this Agreement at which address all processes and notices arising out of
or in connection with this Agreement, its breach or termination may validly be served upon or
delivered.
No12 Ga Madiseng
Burgersfort
1150
Madisengenterprise@gmail.com
Marked for the attention of: Nicholas mndebele

31.2 Tubatse Alloy Smelter chooses as its domicilium citandi et executandi for all purposes arising out
of or in connection with this Agreement at which address all processes and notices arising out of
or in connection with this Agreement, its breach or termination may validly be served upon or
delivered:
1st Floor, Block B
Cullinan Place
Cullinan Close
Morningside
SANDTON
2196

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IMPLEMENTED REVIEW REVIEW
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“THIS DOCUMENT IS THE PROPERTY OF SAMANCOR CHROME AND IS CONFIDENTIAL. IT MAY NOT BE COPIED OR DIVULGED TO 3 RD PARTIES
WITHOUT PERMISSION - THIS DOCUMENT IS NOT CONTROLLED IF PRINTED ”.
 SHEQ
37.2 Legal Agreement

Facsimile: 011 245 1200

Marked for the attention of Samancor Group Legal Manager and Company Secretary.

32 MISCELLANEOUS
32.1 Warranty of Authority
Each party warrants to the other party that it has the power, authority and legal right to sign and
perform this Agreement and that this Agreement has been duly authorized by all necessary
actions of its directors, members or trustees as the case may be, and constitutes valid and
binding obligations on it in accordance with the terms of this Agreement.

32.2 Implementation and Good Faith

32.2.1 The parties undertake to do all such things, perform all such acts and take all steps to
procure the doing of all such things and the performance of all such acts, as may be
necessary or incidental to give or be conductive to the giving of effect to the terms,
conditions and import of this Agreement.

32.2.2 The parties shall, at all times during the term of this Agreement, observe the principles of
good faith towards one another in the performance of their obligations in terms of this
Agreement. This implies, without limiting the generally of the foregoing, that they –

32.2.2.1 shall at all times during the term of this Agreement act reasonably and in good faith;

32.2.2.2 shall perform their obligations arising from this Agreement diligently and with reasonable
care; and

32.2.2.3 Shall make full disclosure to each other of any matter that may affect the execution of this
Agreement.

32.3 Further Assurances

The parties shall perform any further acts, execute and deliver any further documents, which may
be necessary or appropriate to carry out the purpose and the implementation of this Agreement.

32.4 Counterparts
This Agreement may be executed in any number of counterparts and by the different parties
hereto in separate counterparts, each of which when so executed shall be deemed to be an
original and all of which when taken together, shall constitute one and the same Agreement.

32.5 Costs
Each party shall bear and pay its costs of negotiating, drafting, preparing and implementing this
Agreement.

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IMPLEMENTED REVIEW REVIEW
TAS-C-SHEQ-CON-TEM-001 15/07/2021 15/07/2021 14/07/2023 Page 13 of 14
“THIS DOCUMENT IS THE PROPERTY OF SAMANCOR CHROME AND IS CONFIDENTIAL. IT MAY NOT BE COPIED OR DIVULGED TO 3 RD PARTIES
WITHOUT PERMISSION - THIS DOCUMENT IS NOT CONTROLLED IF PRINTED ”.
 SHEQ
37.2 Legal Agreement

For: TUBATSE ALLOY SMELTER (PTY) LTD

Signed at…………………………………on this the ………………………. day of………………202….

Duly Authorized
Name: ………………………………………………….
Designation: SHEQ PRACTITIONER/ SPECIALIST/ MANAGER

____________________________________________________________________________

For: madiseng ENTERPRISE PTY LTD

Signed at……………………………………on this the ……………day of…………………202….

Duly Authorised

Name: ……………………………….................

Designation: ………………………………………….

REVISION: 00
DOCUMENT NO: DATE INITIALLY DATE OF LATEST DATE OF NEXT PAGE
IMPLEMENTED REVIEW REVIEW
TAS-C-SHEQ-CON-TEM-001 15/07/2021 15/07/2021 14/07/2023 Page 14 of 14
“THIS DOCUMENT IS THE PROPERTY OF SAMANCOR CHROME AND IS CONFIDENTIAL. IT MAY NOT BE COPIED OR DIVULGED TO 3 RD PARTIES
WITHOUT PERMISSION - THIS DOCUMENT IS NOT CONTROLLED IF PRINTED ”.