Common use of BREACH AND CONSEQUENCE OF TERMINATION Clause in Contracts

BREACH AND CONSEQUENCE OF TERMINATION. 23.1 Termination in accordance with clause 22 [Term and Cancellation] shall not prejudice or affect any right of action or remedy which shall have accrued or shall thereafter accrue to either Party and all provisions which are to survive this Agreement or impliedly do so shall remain in force and in effect. 23.2 On termination of this Agreement or a Work Order, the Service Provider will immediately deliver up, and procure that its Personnel will immediately deliver up to Transnet, all Deliverables and property belonging to Transnet [or, in the event of termination of a Work Order, such as is relevant to that Work Order] which may be in the possession of, or under the control of the Service Provider, and certify to Transnet in writing that this has been done. 23.3 To the extent that any of the Deliverables and property referred to in clause 23.2 above are in electronic form and contained on non-detachable storage devices, the Service Provider will provide Transnet with unencrypted copies of the same on magnetic media and will irretrievably destroy and delete copies so held. 23.4 In the event that this Agreement is terminated by the Service Provider under clause 22.2 [Term and Cancellation], or in the event that a Work Order is terminated by Transnet under clause 23.5 [Breach and Consequences of Termination], Transnet will pay to the Service Provider all outstanding Fees [apportioned on a pro rata basis] relating to the work undertaken by the Service Provider up until the date of such termination. Transnet will also pay the costs of any goods and materials ordered by the Service Provider in relation to the such work for which the Service Provider has paid or is legally obliged to pay, in which case, on delivery of such goods or materials, the Service Provider will promptly deliver such goods and materials to Transnet or as it may direct. 23.5 If either Party [the Defaulting Party] commits a material breach of this Agreement and fails to remedy such breach within 30 [thirty] calendar days of written notice thereof, the other Party [hereinafter the Aggrieved Party], shall be entitled, in addition to any other rights and remedies that it may have in terms of this Agreement, to terminate this Agreement forthwith without any liability and without prejudice to any claims which the Aggrieved Party may have for damages against the Defaulting Party. 23.6 Either Party may terminate this Agreement forthwith by notice in writing to the other Party when the other Party is unable to pay its debts as they fall due or commits any act or omission which would be an act of insolvency in terms of the Insolvency Act, 24 of 1936 [as amended from time to time], or if any action, application or proceeding is made with regard to it for: a) a voluntary arrangement or composition or reconstruction of its debts; b) its winding-up or dissolution; c) the appointment of a liquidator, trustee, receiver, administrative receiver or similar officer; d) any similar action, application or proceeding in any jurisdiction to which it is subject. 23.7 Transnet may terminate this Agreement at any time within 2 [two] months of becoming aware of a change of control of the Service Provider by notice in writing to the Service Provider. For the purposes of this clause, control means the right to direct the affairs of a company whether by ownership of shares, membership of the board of directors, agreement or otherwise. 23.8 Notwithstanding this clause 23, Transnet may cancel this Agreement: (a) without cause by giving 30 [thirty] calendar days prior written notice thereof to the Service Provider, or (b) by notice in writing to the Service Provider, where the Service Provider fails to provide Transnet with a valid Tax Clearance Certificate issued by the South African Revenue Service at any time during the currency of this Agreement. 23.9 The provisions of clauses 2 [Definitions], 6 [Warranties], 15 [Intellectual Property Rights], 17 [Limitation of Liability], 20 [Confidentiality], 23 [Breach and Consequence of Termination], 29 [Dispute Resolution] and 33 [Governing Law] shall survive termination or expiry of this Agreement.

BREACH AND CONSEQUENCE OF TERMINATION. 23.1 22.1 Termination in accordance with clause 22 21 [Term and Cancellation] shall not prejudice or affect any right of action or remedy which shall have accrued or shall thereafter accrue to either Party and all provisions which are to survive this Agreement or impliedly do so shall remain in force and in effect. 23.2 22.2 On termination of this Agreement or a Work Order, the Service Provider will immediately deliver up, and procure that its Personnel will immediately deliver up to Transnet, all Deliverables and property belonging to Transnet [or, in the event of termination of a Work Order, such as is relevant to that Work Order] which may be in the possession of, or under the control of the Service Provider, and certify to Transnet in writing that this has been done. 23.3 22.3 To the extent that any of the Deliverables and property referred to in clause 23.2 22.2 above are in electronic form and contained on non-detachable storage devices, the Service Provider will provide Transnet with unencrypted copies of the same on magnetic media and will irretrievably destroy and delete copies so held. 23.4 22.4 In the event that this Agreement is terminated by the Service Provider under clause 22.2 21.2 [Term and Cancellation], or in the event that a Work Order is terminated by Transnet under clause 23.5 22.5 [Breach and Consequences of Termination], Transnet will pay to the Service Provider all outstanding Fees [apportioned on a pro rata basis] relating to the work undertaken by the Service Provider up until the date of such termination. Transnet will also pay the costs of any goods and materials ordered by the Service Provider in relation to the such work for which the Service Provider has paid or is legally obliged to pay, in which case, on delivery of such goods or materials, the Service Provider will promptly deliver such goods and materials to Transnet or as it may direct. 23.5 22.5 If either Party [the Defaulting Party] commits a material breach of this Agreement and fails to remedy such breach within 30 [thirty] calendar days of written notice thereof, the other Party [hereinafter the Aggrieved Party], shall be entitled, in addition to any other rights and remedies that it may have in terms of this Agreement, to terminate this Agreement forthwith without any liability and without prejudice to any claims which the Aggrieved Party may have for damages against the Defaulting Party. 23.6 22.6 Either Party may terminate this Agreement forthwith by notice in writing to the other Party when the other Party is unable to pay its debts as they fall due or commits any act or omission which would be an act of insolvency in terms of the Insolvency Act, 24 of 1936 [as amended from time to time], or if any action, application or proceeding is made with regard to it for: a) a voluntary arrangement or composition or reconstruction of its debts; b) its winding-up or dissolution; c) the appointment of a liquidator, trustee, receiver, administrative receiver or similar officer; d) any similar action, application or proceeding in any jurisdiction to which it is subject. 23.7 22.7 Transnet may terminate this Agreement at any time within 2 [two] months of becoming aware of a change of control of the Service Provider by notice in writing to the Service Provider. For the purposes of this clause, control means the right to direct the affairs of a company whether by ownership of shares, membership of the board of directors, agreement or otherwise. 23.8 22.8 Notwithstanding this clause 2322, Transnet may cancel this Agreement: (a) without cause by giving 30 [thirty] calendar days prior written notice thereof to the Service Provider, or (b) by notice in writing to the Service Provider, where the Service Provider fails to provide Transnet with a valid Tax Clearance Certificate issued by the South African Revenue Service at any time during the currency of this Agreement. 23.9 22.9 The provisions of clauses 2 [Definitions], 6 [Warranties], 15 14 [Intellectual Property Rights], 17 16 [Limitation of Liability], 20 19 [Confidentiality], 23 22 [Breach and Consequence of Termination], 29 28 [Dispute Resolution] and 33 32 [Governing Law] shall survive termination or expiry of this Agreement.

BREACH AND CONSEQUENCE OF TERMINATION. 23.1 21.1 Termination in accordance with clause 22 20 [Term and Cancellation] shall not prejudice or affect any right of action or remedy which shall have accrued or shall thereafter accrue to either Party and all provisions which are to survive this Agreement or impliedly do so shall remain in force and in effect. 23.2 21.2 On termination of this Agreement or a Work Order, the Service Provider will immediately deliver up, and procure that its Personnel will immediately deliver up to Transnet, all Deliverables and property belonging to Transnet [or, in the event of termination of a Work Order, such as is relevant to that Work Order] which may be in the possession of, or under the control of the Service Provider, and certify to Transnet in writing that this has been done. 23.3 21.3 To the extent that any of the Deliverables and property referred to in clause 23.2 21.2 above are in electronic form and contained on non-detachable storage devices, the Service Provider will provide Transnet with unencrypted copies of the same on magnetic media and will irretrievably destroy and delete copies so held. 23.4 21.4 In the event that this Agreement is terminated by the Service Provider under clause 22.2 20.2 [Term and Cancellation], or in the event that a Work Order is terminated by Transnet under clause 23.5 21.5 [Breach and Consequences of Termination], Transnet will pay to the Service Provider all outstanding Fees [apportioned on a pro rata basis] relating to the work undertaken by the Service Provider up until the date of such termination. Transnet will also pay the costs of any goods and materials ordered by the Service Provider in relation to the such work for which the Service Provider has paid or is legally obliged to pay, in which case, on delivery of such goods or materials, the Service Provider will promptly deliver such goods and materials to Transnet or as it may direct. 23.5 21.5 If either Party [the Defaulting Party] commits a material breach of this Agreement and fails to remedy such breach within 30 [thirty] calendar days of written notice thereof, the other Party [hereinafter the Aggrieved Party], shall be entitled, in addition to any other rights and remedies that it may have in terms of this Agreement, to terminate this Agreement forthwith without any liability and without prejudice to any claims which the Aggrieved Party may have for damages against the Defaulting Party. 23.6 21.6 Either Party may terminate this Agreement forthwith by notice in writing to the other Party when the other Party is unable to pay its debts as they fall due or commits any act or omission which would be an act of insolvency in terms of the Insolvency Act, 24 of 1936 [as amended from time to time], or if any action, application or proceeding is made with regard to it for: a) a voluntary arrangement or composition or reconstruction of its debts; b) its winding-up or dissolution; c) the appointment of a liquidator, trustee, receiver, administrative receiver or similar officer; d) any similar action, application or proceeding in any jurisdiction to which it is subject. 23.7 21.7 Transnet may terminate this Agreement at any time within 2 [two] months of becoming aware of a change of control of the Service Provider by notice in writing to the Service Provider. For the purposes of this clause, control means the right to direct the affairs of a company whether by ownership of shares, membership of the board of directors, agreement or otherwise. 23.8 21.8 Notwithstanding this clause 2321, Transnet may cancel this Agreement: (a) without cause by giving 30 [thirty] calendar days prior written notice thereof to the Service Provider, or (b) by notice in writing to the Service Provider, where the Service Provider fails to provide Transnet with a valid Tax Clearance Certificate issued by the South African Revenue Service at any time during the currency of this Agreement. 23.9 21.9 The provisions of clauses 2 [Definitions], 6 [Warranties], 15 13 [Intellectual Property Rights], 17 15 [Limitation of Liability], 20 18 [Confidentiality], 23 21 [Breach and Consequence of Termination], 29 27 [Dispute Resolution] and 33 31 [Governing Law] shall survive termination or expiry of this Agreement.

BREACH AND CONSEQUENCE OF TERMINATION. 23.1 21.1 Termination in accordance with clause 22 20 [Term and Cancellation] shall not prejudice or affect any right of action or remedy which shall have accrued or shall thereafter accrue to either Party and all provisions which are to survive this Agreement or impliedly do so shall remain in force and in effect. 23.2 21.2 On termination of this Agreement or a Work Order, the Service Provider will immediately deliver up, and procure that its Personnel will immediately deliver up to TransnetTNPA, all Deliverables and property belonging to Transnet TNPA [or, in the event of termination of a Work Order, such as is relevant to that Work Order] which may be in the possession of, or under the control of the Service Provider, and certify to Transnet TNPA in writing that this has been done. 23.3 21.3 To the extent that any of the Deliverables and property referred to in clause 23.2 21.2 above are in electronic form and contained on non-detachable storage devices, the Service Provider will provide Transnet TNPA with unencrypted copies of the same on magnetic media and will irretrievably destroy and delete copies so held. 23.4 21.4 In the event that this Agreement is terminated by the Service Provider under clause 22.2 20.2 [Term and Cancellation], or in the event that a Work Order is terminated by Transnet TNPA under clause 23.5 21.5 [Breach and Consequences of Termination], Transnet TNPA will pay to the Service Provider all outstanding Fees [apportioned on a pro rata basis] relating to the work undertaken by the Service Provider up until the date of such termination. Transnet TNPA will also pay the costs of any goods and materials ordered by the Service Provider in relation to the such work for which the Service Provider has paid or is legally obliged to pay, in which case, on delivery of such goods or materials, the Service Provider will promptly deliver such goods and materials to Transnet TNPA or as it may direct. 23.5 21.5 If either Party [the Defaulting Party] commits a material breach of this Agreement and fails to remedy such breach within 30 [thirty] calendar days of written notice thereof, the other Party [hereinafter the Aggrieved Party], shall be entitled, in addition to any other rights and remedies that it may have in terms of this Agreement, to terminate this Agreement forthwith without any liability and without prejudice to any claims which the Aggrieved Party may have for damages against the Defaulting Party. 23.6 21.6 Either Party may terminate this Agreement forthwith by notice in writing to the other Party when the other Party is unable to pay its debts as they fall due or commits any act or omission which would be an act of insolvency in terms of the Insolvency Act, 24 of 1936 [as amended from time to time], or if any action, application or proceeding is made with regard to it for: a) a voluntary arrangement or composition or reconstruction of its debts; b) its winding-up or dissolution; c) the appointment of a liquidator, trustee, receiver, administrative receiver or similar officer; d) any similar action, application or proceeding in any jurisdiction to which it is subject. 23.7 Transnet 21.7 TNPA may terminate this Agreement at any time within 2 [two] months of becoming aware of a change of control of the Service Provider by notice in writing to the Service Provider. For the purposes of this clause, control means the right to direct the affairs of a company whether by ownership of shares, membership of the board of directors, agreement or otherwise. 23.8 21.8 Notwithstanding this clause 2321, Transnet TNPA may cancel this Agreement: (a) without cause by giving 30 [thirty] calendar days prior written notice thereof to the Service Provider, or (b) by notice in writing to the Service Provider, where the Service Provider fails to provide Transnet TNPA with a valid Tax Clearance Certificate issued by the South African Revenue Service at any time during the currency of this Agreement. 23.9 21.9 The provisions of clauses 2 [Definitions], 6 [Warranties], 15 [Intellectual Property Rights], 17 16 [Limitation of Liability], 20 18 [Confidentiality], 23 21 [Breach and Consequence of Termination], 29 27 [Dispute Resolution] and 33 31 [Governing Law] shall survive termination or expiry of this Agreement.

BREACH AND CONSEQUENCE OF TERMINATION. 23.1 26.1 Termination in accordance with clause 22 25 [Term and Cancellation] shall not prejudice or affect any right of action or remedy which shall have accrued or shall thereafter accrue to either Party and all provisions which are to survive this the Agreement or impliedly do so shall remain in force and in effect. 23.2 26.2 On termination of this the Agreement or a Work Order, the Service Provider will immediately deliver up, and procure that its Personnel will immediately deliver up to Transnet, all Deliverables and property belonging to Transnet [or, in the event of termination of a Work Order, such as is relevant to that Work Order] which may be in the possession of, or under the control of the Service Provider, and certify to Transnet in writing that this has been done. 23.3 26.3 To the extent that any of the Deliverables and property referred to in clause 23.2 24 above are in electronic form and contained on non-detachable storage devices, the Service Provider will provide Transnet with unencrypted copies of the same on magnetic media and will irretrievably destroy and delete copies so held. 23.4 26.4 In the event that this the Agreement is terminated by the Service Provider under clause 22.2 25.2 [Term and Cancellation], or in the event that a Work Order is terminated by Transnet under clause 23.5 26 [Breach and Consequences of Termination], Transnet will pay to the Service Provider all outstanding Fees [apportioned on a pro rata basis] relating to the work undertaken by the Service Provider up until the date of such termination. Transnet will also pay the costs of any goods and materials ordered by the Service Provider in relation to the such work for which the Service Provider has paid or is legally obliged to pay, in which case, on delivery of such goods or materials, the Service Provider will promptly deliver such goods and materials to Transnet or as it may direct. 23.5 26.5 If either Party [the Defaulting Party] commits a material breach of this the Agreement and fails to remedy such breach within 30 [thirty] calendar days of written notice thereof, the other Party [hereinafter the Aggrieved Party], shall be entitled, in addition to any other rights and remedies that it may have in terms of this the Agreement, to terminate this the Agreement forthwith without any liability and without prejudice to any claims which the Aggrieved Party may have for damages against the Defaulting Party. 23.6 26.6 Either Party may terminate this the Agreement forthwith by notice in writing to the other Party when the other Party is unable to pay its debts as they fall due or commits any act or omission which would be an act of insolvency in terms of the Insolvency Act, 24 of 1936 [as amended from time to time], or if any action, application or proceeding is made with regard to it for: a) a voluntary arrangement or composition or reconstruction of its debts; b) its winding-up or dissolution; c) the appointment of a liquidator, trustee, receiver, administrative receiver or similar officer; d) any similar action, application or proceeding in any jurisdiction to which it is subject.. FOR THE PROVISION OF A MANAGED INTEGRATED TRAVEL SOLUTION TO TRANSNET FOR A PERIOD OF THREE (3) YEARS 23.7 26.7 Transnet may terminate this the Agreement at any time within 2 [two] months 90 (ninety) calendar days of becoming aware of a change of control of the Service Provider by notice in writing to the Service Provider. For the purposes of this clause, control means the right to direct the affairs of a company whether by ownership of shares, membership of the board of directors, agreement or otherwise. 23.8 26.8 Notwithstanding this clause 2326, Transnet may cancel this the Agreement: (a) without cause by giving 30 [thirty] 90 (ninety) calendar days prior written notice thereof to the Service Provider, or (b) by notice in writing to the Service Provider, where the Service Provider fails to provide Transnet with a valid Tax Clearance Certificate issued by the South African Revenue Service at any time during the currency of this the Agreement. 23.9 26.9 The provisions of clauses 2 [Definitions], 6 7 [Warranties], 15 16 [Intellectual Property Rights], 17 18 [Limitation of Liability], 20 23 [Confidentiality], 23 26 [Breach and Consequence of Termination], 29 32 [Dispute Resolution] and 33 36.1 [Governing Law] shall survive termination or expiry of this the Agreement.

BREACH AND CONSEQUENCE OF TERMINATION. 23.1 20.1 Termination in accordance with clause 22 19 [Term and Cancellation] shall not prejudice or affect any right of action or remedy which shall have accrued or shall thereafter accrue to either Party and all provisions which are to survive this Agreement or impliedly do so shall remain in force and in effect. 23.2 20.2 On termination of this Agreement or a Work Order, the Service Provider will immediately deliver up, and procure that its Personnel will immediately deliver up to Transnet, all Deliverables and property belonging to Transnet [or, in the event of termination of a Work Order, such as is relevant to that Work Order] which may be in the possession of, or under the control of the Service Provider, and certify to Transnet in writing that this has been done. 23.3 20.3 To the extent that any of the Deliverables and property referred to in clause 23.2 20.2 above are in electronic form and contained on non-detachable storage devices, the Service Provider will provide Transnet with unencrypted copies of the same on magnetic media and will irretrievably destroy and delete copies so held. 23.4 20.4 In the event that this Agreement is terminated by the Service Provider under clause 22.2 19.2 [Term and Cancellation], or in the event that a Work Order is terminated by Transnet under clause 23.5 20.5 [Breach and Consequences of Termination], Transnet will pay to the Service Provider all outstanding Fees [apportioned on a pro rata basis] relating to the work undertaken by the Service Provider up until the date of such termination. Transnet will also pay the costs of any goods and materials ordered by the Service Provider in relation to the such work for which the Service Provider has paid or is legally obliged to pay, in which case, on delivery of such goods or materials, the Service Provider will promptly deliver such goods and materials to Transnet or as it may direct. 23.5 20.5 If either Party [the Defaulting Party] commits a material breach of this Agreement and fails to remedy such breach within 30 [thirty] calendar days of written notice thereof, the other Party [hereinafter the Aggrieved Party], shall be entitled, in addition to any other rights and remedies that it may have in terms of this Agreement, to terminate this Agreement forthwith without any liability and without prejudice to any claims which the Aggrieved Party may have for damages against the Defaulting Party. 23.6 20.6 Either Party may terminate this Agreement forthwith by notice in writing to the other Party when the other Party is unable to pay its debts as they fall due or commits any act or omission which would be an act of insolvency in terms of the Insolvency Act, 24 of 1936 [as amended from time to time], or if any action, application or proceeding is made with regard to it for: a) a voluntary arrangement or composition or reconstruction of its debts; b) its winding-up or dissolution; c) the appointment of a liquidator, trustee, receiver, administrative receiver or similar officer; d) any similar action, application or proceeding in any jurisdiction to which it is subject. 23.7 20.7 Transnet may terminate this Agreement at any time within 2 [two] months of becoming aware of a change of control of the Service Provider by notice in writing to the Service Provider. For the purposes of this clause, control means the right to direct the affairs of a company whether by ownership of shares, membership of the board of directors, agreement or otherwise. 23.8 20.8 Notwithstanding this clause 2320, Transnet may cancel this Agreement: (a) without cause by giving 30 [thirty] calendar days prior written notice thereof to the Service Provider, or (b) by notice in writing to the Service Provider, where the Service Provider fails to provide Transnet with a valid Tax Clearance Certificate issued by the South African Revenue Service at any time during the currency of this Agreement. 23.9 20.9 The provisions of clauses 2 [Definitions], 6 [Warranties], 15 12 [Intellectual Property Rights], 17 14 [Limitation of Liability], 20 17 [Confidentiality], 23 20 [Breach and Consequence of Termination], 29 26 [Dispute Resolution] and 33 30 [Governing Law] shall survive termination or expiry of this Agreement.

BREACH AND CONSEQUENCE OF TERMINATION. 23.1 21.1 Termination in accordance with clause 22 20 [Term and Cancellation] shall not prejudice or affect any right of action or remedy which shall have accrued or shall thereafter accrue to either Party and all provisions which are to survive this Agreement or impliedly do so shall remain in force and in effect. 23.2 21.2 On termination of this Agreement or a Work Order, the Service Provider will immediately deliver up, and procure that its Personnel will immediately deliver up to TransnetTNPA, all Deliverables and property belonging to Transnet TNPA [or, in the event of termination of a Work Order, such as is relevant to that Work Order] which may be in the possession of, or under the control of the Service Provider, and certify to Transnet TNPA in writing that this has been done. 23.3 21.3 To the extent that any of the Deliverables and property referred to in clause 23.2 21.2 above are in electronic form and contained on non-detachable storage devices, the Service Provider will provide Transnet TNPA with unencrypted copies of the same on magnetic media and will irretrievably destroy and delete copies so held. 23.4 21.4 In the event that this Agreement is terminated by the Service Provider under clause 22.2 20.2 [Term and Cancellation], or in the event that a Work Order is terminated by Transnet TNPA under clause 23.5 21.5 [Breach and Consequences of Termination], Transnet TNPA will pay to the Service Provider all outstanding Fees [apportioned on a pro rata basis] relating to the work undertaken by the Service Provider up until the date of such termination. Transnet TNPA will also pay the costs of any goods and materials ordered by the Service Provider in relation to the such work for which the Service Provider has paid or is legally obliged to pay, in which case, on delivery of such goods or materials, the Service Provider will promptly deliver such goods and materials to Transnet TNPA or as it may direct. 23.5 21.5 If either Party [the Defaulting Party] commits a material breach of this Agreement and fails to remedy such breach within 30 10 [thirtyten] calendar days of written notice thereof, the other Party [hereinafter the Aggrieved Party], shall be entitled, in addition to any other rights and remedies that it may have in terms of this Agreement, to terminate this Agreement forthwith without any liability and without prejudice to any claims which the Aggrieved Party may have for damages against the Defaulting Party. 23.6 21.6 Either Party may terminate this Agreement forthwith by notice in writing to the other Party when the other Party is unable to pay its debts as they fall due or commits any act or omission which would be an act of insolvency in terms of the Insolvency Act, 24 of 1936 [as amended from time to time], or if any action, application or proceeding is made with regard to it for: a) a voluntary arrangement or composition or reconstruction of its debts; b) its winding-up or dissolution; c) the appointment of a liquidator, trustee, receiver, administrative receiver or similar officer; d) any similar action, application or proceeding in any jurisdiction to which it is subject. 23.7 Transnet 21.7 TNPA may terminate this Agreement at any time within 2 [two] months of becoming aware of a change of control of the Service Provider by notice in writing to the Service Provider. For the purposes of this clause, control means the right to direct the affairs of a company whether by ownership of shares, membership of the board of directors, agreement or otherwise. 23.8 21.8 Notwithstanding this clause 2321, Transnet TNPA may cancel this Agreement: (a) without cause by giving 30 [thirty] calendar days prior written notice thereof to the Service Provider, or (b) by notice in writing to the Service Provider, where the Service Provider fails to provide Transnet TNPA with a valid Tax Clearance Certificate issued by the South African Revenue Service at any time during the currency of this Agreement. 23.9 21.9 The provisions of clauses 2 [Definitions], 6 [Warranties], 15 [Intellectual Property Rights], 17 [Limitation of Liability], 20 17 [Protection of Personal Data], 18 [Confidentiality], 23 21 [Breach and Consequence of Termination], 29 27 [Dispute Resolution] and 33 31 [Governing Law] shall survive termination or expiry of this Agreement.

BREACH AND CONSEQUENCE OF TERMINATION. 23.1 22.1 Termination in accordance with clause 22 21 [Term and Cancellation] shall not prejudice or affect any right of action or remedy which shall have accrued or shall thereafter accrue to either Party and all provisions which are to survive this Agreement or impliedly do so shall remain in force and in effect. 23.2 22.2 On termination of this Agreement or a Work Order, the Service Provider will immediately deliver up, and procure that its Personnel will immediately deliver up to Transnet, all Deliverables and property belonging to Transnet [or, in the event of termination of a Work Order, such as is relevant to that Work Order] which may be in the possession of, or under the control of the Service Provider, and certify to Transnet in writing that this has been done. 23.3 22.3 To the extent that any of the Deliverables and property referred to in clause 23.2 22.2 above are in electronic form and contained on non-detachable storage devices, the Service Provider will provide Transnet with unencrypted copies of the same on magnetic media and will irretrievably destroy and delete copies so held. 23.4 22.4 In the event that this Agreement is terminated by the Service Provider under clause 22.2 21.2 [Term and Cancellation], or in the event that a Work Order is terminated by Transnet under clause 23.5 22.5 [Breach and Consequences of Termination], Transnet will pay to the Service Provider all outstanding Fees [apportioned on a pro rata basis] relating to the work undertaken by the Service Provider up until the date of such termination. Transnet will also pay the costs of any goods and materials ordered by the Service Provider in relation to the such work for which the Service Provider has paid or is legally obliged to pay, in which case, on delivery of such goods or materials, the Service Provider will promptly deliver such goods and materials to Transnet or as it may direct. 23.5 22.5 If either Party [the Defaulting Party] commits a material breach of this Agreement and fails to remedy such breach within 30 [thirty] calendar days of written notice thereof, the other Party [hereinafter the Aggrieved Party], shall be entitled, in addition to any other rights and remedies that it may have in terms of this Agreement, to terminate this Agreement forthwith without any liability and without prejudice to any claims which the Aggrieved Party may have for damages against the Defaulting Party. 23.6 22.6 Either Party may terminate this Agreement forthwith by notice in writing to the other Party when the other Party is unable to pay its debts as they fall due or commits any act or omission which would be an act of insolvency in terms of the Insolvency Act, 24 of 1936 [as amended from time to time], or if any action, application or proceeding is made with regard to it for: a) a voluntary arrangement or composition or reconstruction of its debts; b) its winding-up or dissolution; c) the appointment of a liquidator, trustee, receiver, administrative receiver or similar officer; d) any similar action, application or proceeding in any jurisdiction to which it is subject. 23.7 22.7 Transnet may terminate this Agreement at any time within 2 [two] months of becoming aware of a change of control of the Service Provider by notice in writing to the Service Provider. For the purposes of this clause, control means the right to direct the affairs of a company whether by ownership of shares, membership of the board of directors, agreement or otherwise. 23.8 22.8 Notwithstanding this clause 2322, Transnet may cancel this Agreement: (a) without cause by giving 30 [thirty] calendar days prior written notice thereof to the Service Provider, or (b) by notice in writing to the Service Provider, where the Service Provider fails to provide Transnet with a valid Tax Clearance Certificate issued by the South African Revenue Service at any time during the currency of this Agreement. 23.9 22.9 The provisions of clauses 2 [Definitions], 6 [Warranties], 15 144 [Intellectual Property Rights], 17 166 [Limitation of Liability], 20 [Confidentiality19[Confidentiality], 23 222 [Breach and Consequence of Termination], 29 288 [Dispute Resolution] and 33 322 [Governing Law] shall survive termination or expiry of this Agreement.

BREACH AND CONSEQUENCE OF TERMINATION. 23.1 21.1 Termination in accordance with clause 22 21 [Term and Cancellation] shall not prejudice or affect any right of action or remedy which shall have accrued or shall thereafter accrue to either Party and all provisions which are to survive this Agreement or impliedly do so shall remain in force and in effect. 23.2 21.2 On termination of this Agreement or a Work Order, the Service Provider will immediately deliver up, and procure that its Personnel will immediately deliver up to Transnet, all Deliverables and property belonging to Transnet [or, in the event of termination of a Work Order, such as is relevant to that Work Order] which may be in the possession of, or under the control of the Service Provider, and certify to Transnet in writing that this has been done. 23.3 21.3 To the extent that any of the Deliverables and property referred to in clause 23.2 21.2 above are in electronic form and contained on non-detachable storage devices, the Service Provider will provide Transnet with unencrypted copies of the same on magnetic media and will irretrievably destroy and delete copies so held. 23.4 21.4 In the event that this Agreement is terminated by the Service Provider under clause 22.2 20.2 [Term and Cancellation], or in the event that a Work Order is terminated by Transnet under clause 23.5 21.5 [Breach and Consequences of Termination], Transnet will pay to the Service Provider all outstanding Fees [apportioned on a pro rata basis] relating to the work undertaken by the Service Provider up until the date of such termination. Transnet will also pay the costs of any goods and materials ordered by the Service Provider in relation to the such work for which the Service Provider has paid or is legally obliged to pay, in which case, on delivery of such goods or materials, the Service Provider will promptly deliver such goods and materials to Transnet or as it may direct. 23.5 21.5 If either Party [the Defaulting Party] commits a material breach of this Agreement and fails to remedy such breach within 30 [thirty] calendar days of written notice thereof, the other Party [hereinafter the Aggrieved Party], shall be entitled, in addition to any other rights and remedies that it may have in terms of this Agreement, to terminate this Agreement forthwith without any liability and without prejudice to any claims which the Aggrieved Party may have for damages against the Defaulting Party. 23.6 21.6 Either Party may terminate this Agreement forthwith by notice in writing to the other Party when the other Party is unable to pay its debts as they fall due or commits any act or omission which would be an act of insolvency in terms of the Insolvency Act, 24 of 1936 [as amended from time to time], or if any action, application or proceeding is made with regard to it for: a) a voluntary arrangement or composition or reconstruction of its debts; b) its winding-up or dissolution; c) the appointment of a liquidator, trustee, receiver, administrative receiver or similar officer; d) any similar action, application or proceeding in any jurisdiction to which it is subject. 23.7 21.7 Transnet may terminate this Agreement at any time within 2 [two] months of becoming aware of a change of control of the Service Provider by notice in writing to the Service Provider. For the purposes of this clause, control means the right to direct the affairs of a company whether by ownership of shares, membership of the board of directors, agreement or otherwise. 23.8 21.8 Notwithstanding this clause 23, 22 Transnet may cancel this Agreement: (a) without cause by giving 30 [thirty] calendar days prior written notice thereof to the Service Provider, or (b) by notice in writing to the Service Provider, where the Service Provider fails to provide Transnet with a valid Tax Clearance Certificate issued by the South African Revenue Service at any time during the currency of this Agreement. 23.9 21.9 The provisions of clauses 2 [Definitions], 6 [Warranties], 15 13 [Intellectual Property Rights], 17 15 [Limitation of Liability], 20 18 [Confidentiality], 23 21 [Breach and Consequence of Termination], 29 28 [Dispute Resolution] and 33 31 [Governing Law] shall survive termination or expiry of this Agreement.

BREACH AND CONSEQUENCE OF TERMINATION. 23.1 21.1 Termination in accordance with clause 22 20 [Term and Cancellation] shall not prejudice or affect any right of action or remedy which shall have accrued or shall thereafter accrue to either Party and all provisions which are to survive this Agreement or impliedly do so shall remain in force and in effect. 23.2 On termination of this Agreement or a Work Order, the Service Provider will immediately deliver up, and procure that its Personnel will immediately deliver up to Transnet, all Deliverables and property belonging to Transnet [or, in the event of termination of a Work Order, such as is relevant to that Work Order] which may be in the possession of, or under the control of the Service Provider, and certify to Transnet in writing that this has been done. 23.3 To the extent that any of the Deliverables and property referred to in clause 23.2 above are in electronic form and contained on non-detachable storage devices, the Service Provider will provide Transnet with unencrypted copies of the same on magnetic media and will irretrievably destroy and delete copies so held. 23.4 21.2 In the event that this Agreement is terminated by the Service Provider under clause 22.2 20.2 [Term and Cancellation], or in the event that a Work Order is terminated by Transnet TNPA under clause 23.5 22.3 [Breach and Consequences of Termination], Transnet TNPA will pay to the Service Provider all outstanding Fees [apportioned on a pro rata basis] relating to the work undertaken by the Service Provider up until the date of such termination. Transnet will also pay the costs of any goods and materials ordered by the Service Provider in relation to the such work for which the Service Provider has paid or is legally obliged to pay, in which case, on delivery of such goods or materials, the Service Provider will promptly deliver such goods and materials to Transnet or as it may direct. 23.5 If either Party [the Defaulting Party] commits a material breach of this Agreement and fails to remedy such breach within 30 [thirty] calendar days of written notice thereof, the other Party [hereinafter the Aggrieved Party], shall be entitled, in addition to any other rights and remedies that it may have in terms of this Agreement, to terminate this Agreement forthwith without any liability and without prejudice to any claims which the Aggrieved Party may have for damages against the Defaulting Party. 23.6 21.3 Either Party may terminate this Agreement forthwith by notice in writing to the other Party when the other Party is unable to pay its debts as they fall due or commits any act or omission which would be an act of insolvency in terms of the Insolvency Act, 24 of 1936 [as amended from time to time], or if any action, application or proceeding is made with regard to it for: a) a voluntary arrangement or composition or reconstruction of its debts; b) its winding-up or dissolution; c) the appointment of a liquidator, trustee, receiver, administrative receiver or similar officer; d) any similar action, application or proceeding in any jurisdiction to which it is subject. 23.7 Transnet 21.4 TNPA may terminate this Agreement at any time within 2 [two] months of becoming aware of a change of control of the Service Provider by notice in writing to the Service Provider. For the purposes of this clause, control means the right to direct the affairs of a company whether by ownership of shares, membership of the board of directors, agreement or otherwise. 23.8 21.5 Notwithstanding this clause 2321, Transnet TNPA may cancel this Agreement: (a) without cause by giving 30 [thirty] calendar days prior written notice thereof to the Service Provider, or (b) by notice in writing to the Service Provider, where the Service Provider fails to provide Transnet TNPA with a valid Tax Clearance Certificate issued by the South African Revenue Service at any time during the currency of this Agreement. 23.9 21.6 The provisions of clauses 2 [Definitions], 6 [Warranties], 15 [Intellectual Property Rights], 17 [Limitation of Liability], 20 18 [Confidentiality], 23 21 [Breach and Consequence of Termination], 29 27 [Dispute Resolution] and 33 31 [Governing Law] shall survive termination or expiry of this Agreement.

BREACH AND CONSEQUENCE OF TERMINATION. 23.1 24.1 Termination in accordance with clause 22 23 [Term and Cancellation] shall not prejudice or affect any right of action or remedy which shall have accrued or shall thereafter accrue to either Party and all provisions which are to survive this Framework Agreement or impliedly do so shall remain in force and in effect. 23.2 24.2 On termination of this Agreement or a Work Order, the Service Provider will immediately deliver up, and procure that its Personnel will immediately deliver up to Transnet, all Deliverables and property belonging to Transnet [or, in the event of termination of a Work Order, such as is relevant to that Work Order] which may be in the possession of, or under the control of the Service Provider, and certify to Transnet in writing that this has been done. 23.3 24.3 To the extent that any of the Deliverables and property referred to in clause 23.2 0 above are in electronic form and contained on non-detachable storage devices, the Service Provider will provide Transnet with unencrypted copies of the same on magnetic media and will irretrievably destroy and delete copies so held. 23.4 24.4 In the event that this Agreement is terminated by the Service Provider under clause 22.2 23.2 [Term and Cancellation], or in the event that a Work Order is terminated by Transnet under clause 23.5 24 [Breach and Consequences of Termination], Transnet will pay to the Service Provider all outstanding Fees [apportioned on a pro rata basis] relating to the work undertaken by the Service Provider up until the date of such termination. Transnet will also pay the costs of any goods and materials ordered by the Service Provider in relation to the such work for which the Service Provider has paid or is legally obliged to pay, in which case, on delivery of such goods or materials, the Service Provider will promptly deliver such goods and materials to Transnet or as it may direct. 23.5 24.5 If either Party [the Defaulting Party] commits a material breach of this Agreement and fails to remedy such breach within 30 [thirty] calendar days of written notice thereof, the other Party [hereinafter the Aggrieved Party], shall be entitled, in addition to any other rights and remedies that it may have in terms of this Agreement, to terminate this Agreement forthwith without any liability and without prejudice to any claims which the Aggrieved Party may have for damages against the Defaulting Party. 23.6 24.6 Either Party may terminate this Agreement forthwith by notice in writing to the other Party when the other Party is unable to pay its debts as they fall due or commits any act or omission which would be an act of insolvency in terms of the Insolvency Act, 24 of 1936 [as amended from time to time], or if any action, application or proceeding is made with regard to it for: a) a voluntary arrangement or composition or reconstruction of its debts; b) its winding-up or dissolution; c) the appointment of a liquidator, trustee, receiver, administrative receiver or similar officer; d) any similar action, application or proceeding in any jurisdiction to which it is subject. 23.7 24.7 Transnet may terminate this Agreement at any time within 2 [two] months of becoming aware of a change of control of the Service Provider by notice in writing to the Service Provider. For the purposes of this clause, control means the right to direct the affairs of a company whether by ownership of shares, membership of the board of directors, agreement or otherwise. 23.8 24.8 Notwithstanding this clause 2324, Transnet may cancel this Agreement: (a) without cause by giving 30 [thirty] calendar days prior written notice thereof to the Service Provider, or (b) by notice in writing to the Service Provider, where the Service Provider fails to provide Transnet with a valid Tax Clearance Certificate issued by the South African Revenue Service at any time during the currency of this Agreement. 23.9 24.9 The provisions of clauses 2 [Definitions], 6 7 [Warranties], 15 [Intellectual Property Rights], 17 [Limitation of Liability], 20 21 [Confidentiality], 23 24 [Breach and Consequence of Termination], 29 30 [Dispute Resolution] and 33 34 [Governing Law] shall survive termination or expiry of this Agreement.

BREACH AND CONSEQUENCE OF TERMINATION. 23.1 22.1 Termination in accordance with clause 22 21 [Term and Cancellation] shall not prejudice or affect any right of action or remedy which shall have accrued or shall thereafter accrue to either Party and all provisions which are to survive this Agreement or impliedly do so shall remain in force and in effect. 23.2 22.2 On termination of this Agreement or a Work Order, the Service Provider will immediately deliver up, and procure that its Personnel will immediately deliver up to TransnetTPT, all Deliverables and property belonging to Transnet TPT [or, in the event of termination of a Work Order, such as is relevant to that Work Order] which may be in the possession of, or under the control of the Service Provider, and certify to Transnet TPT in writing that this has been done. 23.3 22.3 To the extent that any of the Deliverables and property referred to in clause 23.2 22.2 above are in electronic form and contained on non-detachable storage devices, the Service Provider will provide Transnet TPT with unencrypted copies of the same on magnetic media and will irretrievably destroy and delete copies so held. 23.4 22.4 In the event that this Agreement is terminated by the Service Provider under clause 22.2 21.2 [Term and Cancellation], or in the event that a Work Order is terminated by Transnet TPT under clause 23.5 22.5 [Breach and Consequences of Termination], Transnet TPT will pay to the Service Provider all outstanding Fees [apportioned on a pro rata basis] relating to the work undertaken by the Service Provider up until the date of such termination. Transnet TPT will also pay the costs of any goods and materials ordered by the Service Provider in relation to the such work for which the Service Provider has paid or is legally obliged to pay, in which case, on delivery of such goods or materials, the Service Provider will promptly deliver such goods and materials to Transnet TPT or as it may direct. 23.5 22.5 If either Party [the Defaulting Party] commits a material breach of this Agreement and fails to remedy such breach within 30 [thirty] calendar days of written notice thereof, the other Party [hereinafter the Aggrieved Party], shall be entitled, in addition to any other rights and remedies that it may have in terms of this Agreement, to terminate this Agreement forthwith without any liability and without prejudice to any claims which the Aggrieved Party may have for damages against the Defaulting Party. 23.6 22.6 Either Party may terminate this Agreement forthwith by notice in writing to the other Party when the other Party is unable to pay its debts as they fall due or commits any act or omission which would be an act of insolvency in terms of the Insolvency Act, 24 of 1936 [as amended from time to time], or if any action, application or proceeding is made with regard to it for: a) a voluntary arrangement or composition or reconstruction of its debts; b) its winding-up or dissolution; c) the appointment of a liquidator, trustee, receiver, administrative receiver or similar officer; d) any similar action, application or proceeding in any jurisdiction to which it is subject. 23.7 Transnet 22.7 TPT may terminate this Agreement at any time within 2 [two] months of becoming aware of a change of control of the Service Provider by notice in writing to the Service Provider. For the purposes of this clause, control means the right to direct the affairs of a company whether by ownership of shares, membership of the board of directors, agreement or otherwise. 23.8 22.8 Notwithstanding this clause 2322, Transnet TPT may cancel this Agreement: (a) without cause by giving 30 [thirty] calendar days prior written notice thereof to the Service Provider, or (b) by notice in writing to the Service Provider, where the Service Provider fails to provide Transnet TPT with a valid Tax Clearance Certificate issued by the South African Revenue Service at any time during the currency of this Agreement. 23.9 22.9 The provisions of clauses 2 [Definitions], 6 [Warranties], 15 14 [Intellectual Property Rights], 17 16 [Limitation of Liability], 20 19 [Confidentiality], 23 22 [Breach and Consequence of Termination], 29 28 [Dispute Resolution] and 33 32 [Governing Law] shall survive termination or expiry of this Agreement.