Common use of BREACH AND TERMINATION Clause in Contracts

BREACH AND TERMINATION. 8.1. This Mandate Agreement is valid for the Mandate Period as set out in Clause 7, subject to all material terms of this agreement being adhered to at all times. 8.2. Either Party (the “Aggrieved Party”) shall be entitled to, in addition to its other remedies in law or in terms of this Mandate, terminate this Mandate at any time if the other Party (the “Defaulting Party”): 8.2.1. Commits a breach of any provision of this Mandate Agreement and fails to remedy the breach within 7 (Seven) Days of receipt of written notice to do so; or 8.2.2. Commits breach of this Mandate Agreement after having remedied an early similar breach during the preceding 12 (Twelve) months; or 8.2.3. Takes steps to place itself, or is placed, in liquidation either voluntarily or compulsory, or under judicial management whether provisionally or finally or attempts to effect a compromise with its creditors or engages in a business rescue exercise; or 8.2.4. Takes steps to deregister itself or is deregistered as a company; or 8.2.5. Commits an act which could be an act of insolvency (as defined in the Insolvency Act 24 of 1936), if committed by a natural person; or 8.2.6. Fails to satisfy judgment against it within 21 (Twenty One) Days after it becomes aware of the judgment, except that if it provides evidence on an on-going basis to the reasonable satisfaction of the Aggrieved Party that legal proceedings have been launched to appeal, review or rescind the judgment and to procure suspension of execution and that such proceedings are being expeditiously pursued, the period of 21 (Twenty One) Days shall run from the date that judgment becomes final or the attempt to procure the suspension of execution fails, then the Defaulting Party shall be in breach of this Mandate, and the Aggrieved Party shall be entitled, without prejudice to any other rights it may have, to terminate this Mandate and all other agreements (if any) between the Parties. 8.3. If this Mandate Agreement is terminated for any reason whatsoever, including cancellation for breach of a material term, then without prejudice to any other rights which the Parties may have in law or under this Mandate Agreement, the Parties agree that: 8.3.1. Each Party shall provide the other Party all the administrative assistance, in order to facilitate the smooth termination of this Mandate Agreement; 8.3.2. Each Party shall immediately cease to use or display any marks or logos, whether registered or unregistered, or licensed, which are proprietary to the other Party, and shall make or cause to be made, the necessary changes to its promotion and advertising material. 8.3.3. The Originator undertakes to honour on all Marketing Contributions to the Developer, due to bond applications having been approved prior to termination of this Agreement.

BREACH AND TERMINATION. 8.1. This Mandate Agreement is valid for 11.1 Should either party: 11.1.1 breach any of its obligations in terms hereof (including any Service Schedule) and fail to remedy such breach within 10 (ten) working days from receipt of a written notice from the Mandate Period as set out other party or if the breach cannot reasonably be remedied within 10 (ten) working days, the Party in Clause 7, subject to all material terms of this agreement being adhered to at all times. 8.2. Either Party (the “Aggrieved Party”) default shall be entitled toto an extension, not exceeding a further 20 (twenty) days, to remedy the breach, on condition that the Party in addition default provides evidence to its other remedies in law or in terms the reasonable satisfaction of this Mandate, terminate this Mandate at any time if the other Party party within the 10 (the “Defaulting Party”): 8.2.1. Commits a breach of any provision of this Mandate Agreement and fails ten) days that effective steps to remedy the breach within 7 (Seven) Days of receipt of written notice have been initiated and continues to do so; or 8.2.2. Commits breach of this Mandate Agreement after having remedied an early similar breach during the preceding 12 (Twelve) months; or 8.2.3. Takes steps to place itself, or is placed, in liquidation either voluntarily or compulsory, or under judicial management whether provisionally or finally or attempts to effect a compromise with its creditors or engages in a business rescue exercise; or 8.2.4. Takes steps to deregister itself or is deregistered as a company; or 8.2.5. Commits an act which could be an act of insolvency (as defined in the Insolvency Act 24 of 1936), if committed by a natural person; or 8.2.6. Fails to satisfy judgment against it within 21 (Twenty One) Days after it becomes aware of the judgment, except that if it provides provide such evidence on an on-going basis to that the reasonable satisfaction of the Aggrieved Party that legal proceedings have been launched to appeal, review or rescind the judgment and to procure suspension of execution and that such proceedings steps are being expeditiously pursued, the period . 11.1.2 commits a breach of 21 any payment obligation in terms of any Contract Document and fails to make payment within 7 (Twenty Oneseven) Days shall run days after receipt from the other Party of written notice calling upon it to do so; 11.1.3 be placed in liquidation or under judicial management or curatorship (in either case, whether provisionally or finally); or 11.1.4 effect a compromise with its creditors; or 11.1.5 commit any act or omission which would, in the case of an individual, be an act of insolvency in terms of Section 8 of the Insolvency Act; or 11.1.6 fail to satisfy any final judgement against it within 21 days of the date that judgment becomes final when it should have become aware of such judgement; or the attempt to procure the suspension of execution fails, then the Defaulting Party shall be in breach of this Mandate, and the Aggrieved Party shall be entitlednon-defaulting party shall, without prejudice to any other rights remedies which it may haveotherwise have in terms of the Agreement, to applicable Service Schedule or at law terminate this Mandate Agreement and/or any Service Schedules or any part of a Services under a Service Schedule on written notice to the defaulting party, in which event such termination shall be without prejudice to, and all other agreements shall not constitute a release or waiver of, any claims which the non-defaulting party 11.2 may have for damages against the defaulting party occasioned by the termination of the Agreement and/or any Service Schedule (as the case may be) in terms of this clause. 11.3 No party may cancel this Agreement on the grounds of a breach of a term of this Agreement unless the breach is material. 11.4 Without prejudice to the aforesaid right, where such breach is the result of non-payment from the Customer and Customer does not execute payment after notice as set out above, Cyanre may suspend Services until the amount due and outstanding has been paid in full. Aforesaid suspension shall not be seen as a cancellation or termination unless Cyanre specifically indicate cancellation of the Agreement; 11.5 The Customer may cancel the Agreement or any Service Schedule at the end of the Initial Period (if any) between or if the Parties. 8.3. If this Mandate Agreement Customer is terminated for a natural person, on at least 20 (twenty) Business Days advance written notice to Cyanre at any reason whatsoevertime prior to the expiration of the Initial Period, including subject to payment of all amounts due and payable up to the date of cancellation for breach and payment of a material term, then without prejudice to any other rights which reasonable cancellation fee that Cyanre may charge for the Parties may have early termination in law contemplation of the Agreement or under this Mandate Agreement, the Parties agree that: 8.3.1. Each Party shall provide the other Party all the administrative assistance, in order to facilitate the smooth termination of this Mandate Agreement; 8.3.2. Each Party shall immediately cease to use or display any marks or logos, whether registered or unregistered, or licensed, which are proprietary to the other Party, and shall make or cause to be made, the necessary changes to Service Schedule enduring for its promotion and advertising materialintended Initial Period. 8.3.3. The Originator undertakes to honour on all Marketing Contributions to the Developer, due to bond applications having been approved prior to termination of this Agreement.

BREACH AND TERMINATION. 8.110.1. This Mandate Agreement is valid for the Mandate Period as set out in Clause 7, subject to all material terms If either (“Offending”) Party commits a breach of this agreement being adhered Agreement or fails to at all times. 8.2. Either Party comply with any of the provisions hereof, then the other (the “Aggrieved PartyInnocent”) Party shall be entitled toto give the Offending Party 14 (fourteen) days’ notice in writing to remedy such breach or failure, in addition to its other remedies in law or in terms of this Mandate, terminate this Mandate at any time and if the other Offending Party (the “Defaulting Party”): 8.2.1. Commits a breach of any provision of this Mandate Agreement and fails to remedy the comply with such notice within that period (or where such breach or failure is not reasonably capable of being remedied within 7 (Seven) Days of receipt of written notice to do so; or 8.2.2. Commits breach of this Mandate Agreement after having remedied an early similar breach during the preceding 12 (Twelve) months; or 8.2.3. Takes steps to place itself, that period or is placed, in liquidation either voluntarily or compulsory, or under judicial management whether provisionally or finally or attempts to effect a compromise with its creditors or engages in a business rescue exercise; or 8.2.4. Takes steps to deregister itself or is deregistered within such longer period as a company; or 8.2.5. Commits an act which could may be an act of insolvency (as defined reasonable in the Insolvency Act 24 of 1936circumstances), if committed by a natural person; or 8.2.6. Fails to satisfy judgment against it within 21 (Twenty One) Days after it becomes aware of the judgment, except that if it provides evidence on an on-going basis to the reasonable satisfaction of the Aggrieved Party that legal proceedings have been launched to appeal, review or rescind the judgment and to procure suspension of execution and that such proceedings are being expeditiously pursued, the period of 21 (Twenty One) Days shall run from the date that judgment becomes final or the attempt to procure the suspension of execution fails, then the Defaulting Innocent Party shall be in breach of this Mandate, and the Aggrieved Party shall forthwith be entitled, but not obliged, without prejudice to any other rights it or remedies which the innocent Party may havehave in law, including the right to claim damages: 10.1.1. to terminate this Mandate and Agreement; and/or 10.1.2. to claim immediate performance and/or payment of all other agreements (if any) between the PartiesOffending Party’s obligations in terms hereof. 8.310.2. If Notwithstanding anything to the contrary contained in this Mandate Agreement is terminated for any reason whatsoever, including cancellation for breach of a material term, then and without prejudice to any other rights or remedies which the Parties Client may have in law or under this Mandate Agreementlaw, including the right to claim damages, the Parties agree that:Client shall be entitled to terminate this Agreement immediately should it discover that the Products or the business of TrustGro fails to comply with and adhere to all statutes, regulations and other laws regulating same,. 8.3.110.3. Each This Agreementmay be terminated:- 10.3.1. in writing through the mutual consent of the Parties; or 10.3.2. by either Party shall provide giving the other Party all 90 (ninety) Days written notice prior to the administrative assistance, in order to facilitate intended date of termination 10.4. Notwithstanding the smooth termination of this Mandate Agreement;Agreement for whatever reason, the Client hereby agrees to continue making deductions from Employees until the obligations of the concerned Employees towards TrustGro have been settled in full. 8.3.210.5. Each Party shall immediately As from the date on which this Agreement is terminated, TrustGro will cease to use or display any marks or logos, whether registered or unregistered, or licensed, which are proprietary provide Products to the other PartyEmployees and the Client will have no obligation on transactions concluded between TrustGro and the Employees after the date of termination, and shall make or cause to be made, the necessary changes to its promotion and advertising material. 8.3.3. The Originator undertakes to honour on all Marketing Contributions subject to the Developer, due to bond applications having been approved prior to termination provisions of this Agreement.clause 10.4

BREACH AND TERMINATION. 8.1. This Mandate Agreement is valid for 15.1 Notwithstanding the Mandate Period as set out in Clause 7provisions of 4 above, subject to all if a party: 15.1.1 commits a material terms of this agreement being adhered to at all times. 8.2. Either Party (the “Aggrieved Party”) shall be entitled to, in addition to its other remedies in law or in terms of this Mandate, terminate this Mandate at any time if the other Party (the “Defaulting Party”): 8.2.1. Commits a breach of any provision going to the root of this Mandate Agreement (including a failure to pay by due date) and fails to remedy the breach within 7 fourteen (Seven14) Days days of receipt of a written notice to do so, provided that if the breach can reasonably be remedied within a shorter period, the party giving the notice may specify that shorter period in the notice and the party in default shall remedy the breach within that shorter period; or 8.2.2. Commits 15.1.2 commits a breach of this Mandate Agreement after having remedied an early similar which breach during does not in itself constitute a material breach, then the preceding 12 breaching party shall be obliged to remedy the breach within fourteen (Twelve14) monthsdays of receipt of a written notice to do so and failing such rectification, the provisions of 14 shall apply. Furthermore, in the event, that either party continuously or repetitively commits breaches which are in themselves not material to the Agreement, but, by virtue of the repetitive nature of such breaches amount, in the non-breaching party’s reasonable opinion, to a material breach, then such breach shall be deemed to be a material breach and the non-breaching party shall be entitled to the remedy afforded in 15.1.1. and 15.3; or 8.2.3. Takes 15.1.3 takes steps to place itself, or is placed, in liquidation liquidation, either voluntarily or compulsorycompulsorily, or under judicial management whether provisionally or finally or attempts to effect a compromise with its creditors or engages in a business rescue exercisefinally; or 8.2.4. Takes steps to deregister itself or is deregistered as a company; or 8.2.5. Commits 15.1.4 commits an act which could be an act of insolvency (as defined in the Insolvency Act 24 of 1936), from time to time) if committed by a natural person; or 8.2.6. Fails 15.1.5 fails to satisfy judgment judgement against it that party within 21 (Twenty One) Days 10 days after it that party becomes aware of the judgmentjudgement, except that if it the party provides evidence on an on-going ongoing basis to the reasonable satisfaction of the Aggrieved Party other party that legal proceedings steps have been launched initiated within 10 days to appeal, review or rescind the judgment judgement and to procure suspension Suspension of execution and that such proceedings steps are being expeditiously pursued, the period of 21 (Twenty One) Days 10 days shall run from the date that judgment judgement becomes final or the attempt to procure the suspension Suspension of execution fails, then the Defaulting Party ; that party shall be in default. 15.2 The Company shall be in breach of this Mandateits obligations if:- 15.2.1 There is a change in management or ownership occurring in any person, body or entity who/ which has stood as surety or security for the Company’s obligation to MTN and such surety has not been replaced by a financial guarantee in a form and manner acceptable by MTN; or 15.2.2 If such person, body or entity which has stood as surety for the Aggrieved Party Company’s obligations is placed under provisional or final liquidation or interim or final receivership or judicial management or if that party has become insolvent or compromises or attempts to compromise its creditors; 15.2.3 then MTN shall be entitled to exercise the rights afforded to it in 15.1 and 15.3. 15.3 If a party is in default, the other party (the “aggrieved party”) shall be entitled, in addition to other remedies afforded to it in law, to: 15.3.1 cancel this Agreement in which event the aggrieved party shall be entitled to claim damages; or 15.3.2 uphold this Agreement, in which event the full balance owing, and all other obligations owed, by the party in default shall, at the option of the aggrieved party, become immediately due, payable and enforceable. 15.4 In the event of the License terminating for any reason or the regulations applicable to MTN and/or the telephony industry change to the extent that MTN’s position and/or ability to perform its obligations as required in this Agreement, is affected then, MTN shall be entitled to immediately serve notice of its intention to terminate this Agreement. The notice period of such termination notice shall be reasonable in the circumstances. Such termination by MTN shall not constitute a breach of the Agreement by MTN. 15.5 In addition to the above, in the event that the Company:- 15.5.1 has a change in shareholdings such that existing shareholders (being shareholders of the Company as at the signature date and proof of which shall be supplied by the Company simultaneously with the signature of this Agreement) no longer own and/or control more than 50% of the issued shares of the Company, OR 15.5.2 the existing shareholders enter into such agreement that they no longer have management control of the Company; without MTN’s written consent, which consent shall not be unreasonably withheld, then MTN shall be entitled to terminate this Agreement on ninety (90) days written notice to the Company. For the purposes of this 15.5, in the event that MTN does not revert with its consent or the withholding thereof, within twenty (20) business days of request by the Company, MTN shall be deemed to have given its consent. 15.6 Without derogating from any of the provisions referred to above, in the event that any Competing Third Party becomes a shareholder of the Company, without MTN’s prior written consent, which consent shall be given or refused in MTN’s sole discretion and which shall be notified by MTN to the Company within twenty (20) days of the Company’s written request, then MTN shall be entitled to terminate this Agreement on sixty (60) days written notice to the Company. Such termination shall be without prejudice to any other rights it may have, to terminate this Mandate and all other agreements (if any) between the PartiesMTN’s rights. 8.3. If this Mandate Agreement is terminated for any reason whatsoever, including cancellation for breach of a material term, then without prejudice to any other rights which the Parties may have in law or under this Mandate Agreement, the Parties agree that: 8.3.1. Each Party shall provide the other Party all the administrative assistance, in order to facilitate the smooth termination of this Mandate Agreement; 8.3.2. Each Party shall immediately cease to use or display any marks or logos, whether registered or unregistered, or licensed, which are proprietary to the other Party, and shall make or cause to be made, the necessary changes to its promotion and advertising material. 8.3.3. The Originator undertakes to honour on all Marketing Contributions to the Developer, due to bond applications having been approved prior to termination of this Agreement.

BREACH AND TERMINATION. 8.1. This Mandate Agreement is valid for 10.1 In the Mandate Period as set out event HMR or Sepracor are in Clause 7material breach of any of the respective obligations and conditions contained in this Agreement, subject to all material terms of this agreement being adhered to at all times. 8.2. Either Party (the “Aggrieved Party”) other party shall be entitled toto give the breaching party written notice requiring it to cure such material breach. If such material breach is not cured within ninety (90) days after receipt of such written notice, in addition to its other remedies in law or in terms the notifying party may seek a determination of damages for the uncured breach from the breaching party. If the uncured breach is an uncured material breach under Section 20.6 of this MandateAgreement, Sepracor agrees that such uncured breach may result in irreparable harm to HMR and HMR may seek temporary or permanent injunctive relief or other equitable relief. 10.2 HMR may terminate this Mandate at any time if the other Party (the “Defaulting Party”): 8.2.1. Commits a breach of any provision of this Mandate Agreement and fails to remedy the breach within 7 (Seven) Days of receipt of written notice to do so; or 8.2.2. Commits breach of this Mandate Agreement after having remedied an early similar breach during the preceding 12 (Twelve) months; or 8.2.3. Takes steps to place itself, or is placed, in liquidation either voluntarily or compulsory, or under judicial management whether provisionally or finally or attempts to effect a compromise with its creditors or engages in a business rescue exercise; or 8.2.4. Takes steps to deregister itself or is deregistered as a company; or 8.2.5. Commits an act which could be an act of insolvency (as defined in the Insolvency Act 24 of 1936), if committed by a natural person; or 8.2.6. Fails to satisfy judgment against it within 21 (Twenty One) Days after it becomes aware of the judgment, except that if it provides evidence on an on-going basis to the reasonable satisfaction of the Aggrieved Party that legal proceedings have been launched to appeal, review or rescind the judgment and to procure suspension of execution and that such proceedings are being expeditiously pursued, the period of 21 (Twenty One) Days shall run from the date that judgment becomes final or the attempt to procure the suspension of execution fails, then the Defaulting Party shall be in breach of this Mandate, and the Aggrieved Party shall be entitled, without prejudice to any other rights it may have, to terminate this Mandate and all other agreements (if any) between the Parties. 8.3. If this Mandate Agreement is terminated for any reason whatsoeverby giving Sepracor sixty (60) days written notice. In the event of such a termination, including cancellation HMR shall relinquish all rights and licenses granted by Sepracor to HMR under the Agreement and return all Sepracor Know-How, except for breach one copy of a material term, then without prejudice to any other rights which the Parties may have in law or under this Mandate Agreement, the Parties agree that: 8.3.1. Each Party shall provide the other Party all the administrative assistance, in order to facilitate the smooth termination of this Mandate Agreement; 8.3.2. Each Party shall immediately cease to use or display any marks or logos, whether registered or unregistered, or licenseddocuments, which are proprietary to shall be retained for solely for the other Party, purpose of determining any continuing obligations under Articles 8 and shall make or cause to be made, the necessary changes to its promotion and advertising material. 8.3.3. The Originator undertakes to honour on all Marketing Contributions to the Developer, due to bond applications having been approved prior to termination 13 of this Agreement. 10.3 Sepracor shall have the right to terminate this Agreement, effective immediately, if HMR (i) does not comply with the provisions of Article 3 and Section 27.1.4, or (ii) except as provided in Articles 6 and 7, without the consent of the other party, at any time after the Effective Date of this Agreement initiates or participates in (a) any proceeding or action against Sepracor or its Affiliates involving Compound or Product, or (b) any proceeding or action involving Sepracor Technology, in each case before any court, administrative or other government agency, or patent authority. 10.4 HMR shall have the right to terminate this Agreement, effective immediately, if Sepracor (i) does not comply with the provisions of Article 3 and Section 27.1.4, or (ii) except as provided in Articles 6 and 7, without the consent of the other party, at any time after the Effective Date of this Agreement initiates or participates in (a) any proceeding or action against HMR or its Affiliates involving Compound or Product, or (b) any proceeding or action involving HMR's technology relating to Compound, in each case before any court, administrative or other government agency, or patent authority. 10.5 In the event that one of the parties hereto becomes bankrupt or insolvent, a receiver or a trustee is appointed for the property or estate of such party and said receiver or trustee is not removed within sixty (60) days, or the party makes an assignment for the benefit of its creditors, and whether any of the aforesaid events be the outcome of the voluntary act of that party, or otherwise, the other party shall be entitled to terminate this Agreement forthwith by giving a written notice to the first party. 10.6 Nothing herein shall prevent either party hereto from exercising such party's right to obtain temporary or permanent injunctive relief or other equitable relief.

BREACH AND TERMINATION. 8.125.1. This Mandate Agreement In the event of the Contractor failing to promptly commence performance of any obligation for which it is valid for the Mandate Period as set liable, or failing to carry out in Clause 7such obligation, subject to all material terms of this agreement being adhered to at all times. 8.2. Either Party (the “Aggrieved Party”) partially or fully, without delay, TNPA shall be entitled to, in addition to its other remedies in law or in terms of this Mandate, terminate this Mandate appoint an alternate Contractor to perform such obligation. Should TNPA exercise the right to do so at any time if stage, it shall also be entitled to claim and recover all damages and costs incurred thereby (directly or indirectly) from the other Party (Contractor, who hereby undertakes to pay such damages and costs to TNPA upon demand. 25.2. In the “Defaulting Party”): 8.2.1. Commits event of either party to this Agreement committing a breach of any provision of this Mandate Agreement ("the defaulting party"), excluding clause 7.1 (including 7.1.1 to 7.1.19), and the defaulting party fails to remedy the such breach within 7 48 (Sevenforty eight) Days hours after having received written notice from the other party ("the aggrieved party") to remedy such breach, the aggrieved party shall be entitled to terminate this Agreement, immediately, by notice in writing to the defaulting party. 25.3. Without derogating from the provisions of receipt clause 25.2, and in addition thereto, in the event of the Contractor for any reason committing a breach of the provisions of clauses 7.1. (including 7.1.1. to &.1.19) of this Agreement and failing to remedy such breach within twelve (12) hours after having received written notice from TNPA calling upon it to rectify such breach, TNPA shall be entitled to terminate this Agreement, immediately, by notice in writing to the Contractor. 25.4. Should the Contractor’s certificate from DEA for a Landfill Registration Certificate, certificate for carry and/or transport dangerous goods and/or any other certification required for the performance of the Service, be suspended, revoked by an appropriate authority or competent person, for any reason whatsoever, or should the Contractor’s competence to render the Service be terminated, or diminished in a material manner, such suspension, revocation, setting aside, termination or diminution shall be deemed to be a breach of this Agreement, entitling TNPA to terminate the Agreement forth with without notice to the Contractor. 25.5. Should the Contractor’s insurance(s) for any reason whatsoever be suspended, revoked, set aside or terminated by their insurance Contractor, such suspension, revocation, setting aside or termination shall be deemed to be a breach of this Agreement, entitling TNPA to cancel as is prescribed in clause 25.4, summarily without notice. 25.6. Should the Contractor fail to register on the South African Waste Information System (SAWIS) as required by the South African Waste Information Centre (SAWIC) and fail to upload the Waste quantities on a weekly basis, as set out in clauses 7.1.7 and 7.1.8 above, such failure shall be deemed to be a breach of this Agreement, entitling TNPA to provide notice to the Contractor as prescribed in clause 25.3 above. 25.7. Should the Contractor act in conflict with or fail to comply with any statutory provision, regulation, by-law, rule or programme or TNPA policy or procedure that has a direct bearing on the Service, such action or failure shall be deemed to be a breach of this Agreement, entitling TNPA to give notice as is prescribed in clause 25.3. 25.8. Should TNPA incur any losses, including but not limited to damage to or harm of the environment including fauna and flora, damage, harm or theft of TNPA’s property, damage, harm or theft of TNPA’s third party property, fraud and or any other criminal activities and or civil action that are to the detriment of TNPA, at the Port(s) where the Contractor is performing the Service, such action shall be deemed to be a breach of this Agreement, entitling TNPA to cancel as is prescribed in clause 25.4, summarily without notice. 25.9. Notwithstanding anything to the contrary set out in this Agreement, and in addition thereto, TNPA may summarily terminate this Agreement without notice in the event of the Contractor perpetrating a fraud of any nature upon TNPA, or performing any act in the nature of a fraud, or being in breach of any environmental legislation which has any bearing on the subject matter of this Agreement, including, without limitation, any one or more of the provisions of the Environment Conservation Act No. 73 of 1989 and/or the National Environmental Management Act No. 107 of 1989 and/or the National Nuclear Regulator Act No. 47 of 1999 and/or the Nuclear Energy Act No. 46 of 1999 and/or the Hazardous Substances Act No. 15 of 1973 and/or any other applicable or relevant environmental or related legislation. Any action taken by TNPA pursuant to the provisions of this clause shall be in addition to and without prejudice to any other rights which it may have in law, including the right to claim and recover damages from the Contractor as a result of its breach of this clause. 25.10. Notwithstanding anything contained to the contrary in this Agreement, TNPA may terminate this Agreement at any time by giving written notice to do so; orthe Contractor of such termination if: 8.2.225.10.1. Commits breach the Contractor is, other than for the purposes of this Mandate Agreement after having remedied an early similar breach during the preceding 12 (Twelve) months; or 8.2.3. Takes steps to place itselfreconstruction or amalgamation, placed under voluntary or is placedcompulsory liquidation, in liquidation either voluntarily provisionally or compulsoryfinally, or under provisional or final judicial management whether provisionally management, or finally under receivership or attempts under any of the equivalent of any of the aforegoing; 25.10.2. a final and unappealable judgment against the Contractor remains unsatisfied for a period of twenty–one (21) days or more after it comes to effect a compromise the notice of the board of directors of the Contractor; 25.10.3. the Contractor makes any arrangements or composition with all or some of its creditors creditors, or engages ceases or threatens to cease carrying on business; 25.10.4. the Contractor cease or threaten to cease to carry on its normal line of business or default or threaten to default in a business rescue exercise; or 8.2.4. Takes steps to deregister itself the payment of its liabilities generally, or is deregistered as a company; or 8.2.5. Commits an commit any act or omission which could would be an act of insolvency (in terms of the Insolvency Act, 24 of 1936 [as defined may be amended from time to time]; 25.10.5. the Contractor makes any material incorrect or untrue statement or representation to TNPA in connection with any information furnished by it in respect of this Agreement, or, without limitation, in the Insolvency Act 24 tender documents preceding the conclusion by the Parties of 1936), if committed by a natural person; or 8.2.6. Fails to satisfy judgment against it within 21 (Twenty One) Days after it becomes aware of the judgment, except that if it provides evidence on an on-going basis to the reasonable satisfaction of the Aggrieved Party that legal proceedings have been launched to appeal, review or rescind the judgment and to procure suspension of execution and that such proceedings are being expeditiously pursued, the period of 21 (Twenty One) Days shall run from the date that judgment becomes final or the attempt to procure the suspension of execution failsthis Agreement , then upon the Defaulting Party shall be in breach occurrence of this Mandateany one (1) or more of such events, and the Aggrieved Party shall be entitled, TNPA may without prejudice to any other rights it may havehave against the Contractor, elect to immediately terminate this Agreement forthwith by written notice of such termination to the Contractor 25.11. Notwithstanding anything to the contrary contained in this Agreement, and in addition to all of its other rights, TNPA shall also be entitled to cancel this Agreement, in whole or in part, (as it in its sole discretion may determine) upon thirty (30) days' written notice given by TNPA to the Contractor, without assigning any reason for such action. Such termination by TNPA shall not form the subject of any arbitration or review and shall be binding upon the Contractor who shall have no claim of any nature, howsoever arising, against TNPA out of such termination. 25.12. Notwithstanding anything to the contrary contained in this Agreement, and in addition to all of its other rights, TNPA shall also be entitled to cancel this Agreement, if any event or series of events occurs (whether or not caused by any reasons whatsoever outside the control of the Contractor or TNPA) which, in the reasonable opinion of TNPA might have a material or adverse effect on the performance of the Service or the operations of TNPA at the Port of Saldanha, whether or not as contemplated in this Agreement. 25.13. Termination in accordance with this clause 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. 25.14. On termination of this Agreement or a Work Order, the Contractor will immediately deliver up, and procure that its Personnel will immediately deliver up to Transnet, all Deliverables and property belonging to 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 Contractor and certify to TNPA in writing that this has been done. 25.15. To the extent that any of the Deliverables and property referred to in clause 25.1.4. above is in electronic form and contained on non-detachable storage devices, the Contractor will provide TNPA with unencrypted copies of the same on magnetic media and will irretrievably destroy and delete copies so held. 25.16. In the event that this Agreement is terminated by the Contractor or in the event that a Work Order is terminated by Transnet, in terms of the provisions of this Agreement then TNPA will pay to the Contractor all outstanding Fees [apportioned on a pro rata basis] relating to the work undertaken by the Contractor up until the date of such termination. TNPA will also pay the costs of any goods and materials ordered by the Contractor in relation to the such work for which the Contractor has paid or is legally obliged to pay, in which case, on delivery of such goods or materials, the Contractor will promptly deliver such goods and materials to TNPA or as it may direct. 25.17. The provisions of clauses 2 [Definitions], 5 [Good faith, no agency, warranty to perform], 27 [Liability], 32 [Confidentiality], 25 [Breach and Termination], 36 [Governing Law] and clause 40 [Dispute Resolution] shall survive termination or expiry of this Agreement. 25.18. 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 Mandate Agreement forthwith without any liability and all other agreements (if any) between the Parties. 8.3. If this Mandate Agreement is terminated for any reason whatsoever, including cancellation for breach of a material term, then without prejudice to any other rights claims which the Parties Aggrieved Party may have for damages against the Defaulting Party. 25.19. Notwithstanding anything to the contrary contained in law or under this Mandate Agreement, the Parties agree that: 8.3.1. Each Party and in addition to all of its other rights, TNPA shall provide the other Party all the administrative assistancealso be entitled to cancel this agreement, in order whole or in part, (as it in its sole discretion may determine) in the event that the Contractor colludes with any other party in respect of any Tender submitted to facilitate the smooth termination of this Mandate Agreement; 8.3.2. Each Party shall immediately cease to use or display any marks or logos, whether registered or unregistered, or licensed, which are proprietary to the other Party, and shall make or cause to be made, the necessary changes to its promotion and advertising materialTNPA. 8.3.3. The Originator undertakes to honour on all Marketing Contributions to the Developer, due to bond applications having been approved prior to termination of this Agreement.

BREACH AND TERMINATION. 8.111.1. This Mandate Agreement is valid for If any of the Mandate Period as set out in Clause 7, subject to all material terms Parties breaches any provision of this agreement being adhered to at all times. 8.2. Either Party Agreement (the “Aggrieved Party”) shall be entitled to, in addition to its other remedies in law or in terms of this Mandate, terminate this Mandate at any time if the other Party (the “Defaulting Party”): 8.2.1. Commits a ) and, if such breach is capable of any provision of this Mandate Agreement and being remedied, fails to remedy the breach within 7 (Seven) 10 Days of receipt of after written notice has been given to do sothe Defaulting Party by any other Party requiring the breach to be remedied, then the other Party shall be entitled to: 11.1.1. seek an order for specific performance against the Defaulting Party; or 8.2.211.1.2. Commits breach of cancel this Mandate Agreement after having remedied an early similar breach during in relation to the preceding 12 (Twelve) monthsDefaulting Party; and / or 8.2.311.1.3. Takes steps to place itself, or is placed, in liquidation either voluntarily or compulsory, or under judicial management whether provisionally or finally or attempts to effect a compromise with its creditors or engages in a business rescue exercise; or 8.2.4. Takes steps to deregister itself or is deregistered as a company; or 8.2.5. Commits an act which could be an act of insolvency (as defined in the Insolvency Act 24 of 1936), if committed claim any damages suffered by a natural person; or 8.2.6. Fails to satisfy judgment against it within 21 (Twenty One) Days after it becomes aware of the judgment, except that if it provides evidence on an on-going basis to the reasonable satisfaction of the Aggrieved Party that legal proceedings have been launched to appeal, review or rescind the judgment and to procure suspension of execution and that such proceedings are being expeditiously pursued, the period of 21 (Twenty One) Days shall run from the date that judgment becomes final or the attempt to procure the suspension of execution fails, then the Defaulting Party shall be in breach of this Mandate, and the Aggrieved Party shall be entitled, Party. without prejudice to any other rights it and remedies existing under common law, statute, or this Agreement. If the Customer is the Defaulting Party, damages will include any cancellation penalties that PSI may have, to terminate this Mandate and all other agreements (if any) between the Partiesbe liable for in respect of vendor licenses. 8.311.2. If this Mandate Agreement is terminated for any reason whatsoever, including cancellation for breach of a material term, then without prejudice to any other rights which the Parties may have in law or under this Mandate Agreement, the Parties agree that: 8.3.1. Each The Defaulting Party shall provide be liable for all costs and expenses (calculated on an Attorney and Own Client scale) incurred because of or in connection with any breach. 11.3. This Agreement shall be capable of being terminated by either Party (after the other Party all initial period prescribed in clause 6) subject to the administrative assistance, in order to facilitate the smooth termination provision of this Mandate Agreement; 8.3.2. Each Party shall immediately cease to use or display any marks or logos, whether registered or unregistered, or licensed, which are proprietary two (2) calendar month’s written notice (“Termination Notice”) being provided to the other Party, and shall make or cause . If the Defaulting Party is PSI: 11.3.1. PSI is to be madenotified in writing of the default and once notified, will have 10 working days to remedy the default. Failing PSI’s remedying of the default, the necessary changes Customer will be entitled to deliver its promotion and advertising materialTermination Notice, as prescribed in clause 11.1 supra. 8.3.311.4. The Originator undertakes Any of the following acts shall be deemed as a material breach of this Agreement and render the Agreement capable of immediate termination, without the provision of the Termination Notice: 11.4.1. the Defaulting Party ceases to honour carry on all Marketing Contributions business. 11.4.2. the Defaulting Party is placed under provisional or final liquidation. 11.4.3. the Defaulting Party undergoes a substantial change in ownership and fails to notify the other Party; and 11.4.4. the Defaulting Party has a judgment granted against it and fails to: 11.4.4.1. effect payment of the judgment debt; and/ or 11.4.4.2. takes steps to rescind the judgment, within twenty (20) Days of becoming aware of the judgment against it. 11.5. Where the CPA will have application, namely with regards to the Developer, due to bond applications having been approved prior to termination of this Agreement, the provisions of the CPA shall supersede this Agreement.

BREACH AND TERMINATION. 8.120.1 Should either party; 20.1.1 breach any of its obligations in terms hereof (including any Service Schedule) and fail to remedy such breach within 10 (ten) working days from receipt of a written notice from the other party. This Mandate Agreement is valid for If the Mandate Period as set out breach cannot reasonably be remedied within 10 (ten) working days, the Party in Clause 7, subject to all material terms of this agreement being adhered to at all times. 8.2. Either Party (the “Aggrieved Party”) default shall be entitled toto an extension, not exceeding a further 20 (twenty) days, to remedy the breach, on condition that the Party in addition default provides evidence to its other remedies in law or in terms the reasonable satisfaction of this Mandate, terminate this Mandate at any time if the other Party party within the 10 (the “Defaulting Party”): 8.2.1. Commits a breach of any provision of this Mandate Agreement and fails ten) days that effective steps to remedy the breach within 7 (Seven) Days of receipt of written notice have been initiated and continues to do so; or 8.2.2. Commits breach of this Mandate Agreement after having remedied an early similar breach during the preceding 12 (Twelve) months; or 8.2.3. Takes steps to place itself, or is placed, in liquidation either voluntarily or compulsory, or under judicial management whether provisionally or finally or attempts to effect a compromise with its creditors or engages in a business rescue exercise; or 8.2.4. Takes steps to deregister itself or is deregistered as a company; or 8.2.5. Commits an act which could be an act of insolvency (as defined in the Insolvency Act 24 of 1936), if committed by a natural person; or 8.2.6. Fails to satisfy judgment against it within 21 (Twenty One) Days after it becomes aware of the judgment, except that if it provides provide such evidence on an on-going basis to that the reasonable satisfaction of the Aggrieved Party that legal proceedings have been launched to appeal, review or rescind the judgment and to procure suspension of execution and that such proceedings steps are being expeditiously pursued, the period . 20.1.2 commits a breach of 21 any payment obligation in terms of any Contract Document and fails to make payment within 7 (Twenty Oneseven) Days shall run days after receipt from the other Party of written notice calling upon it to do so; 20.1.3 be placed in liquidation or under judicial management or curatorship (in either case, whether provisionally or finally); or 20.1.4 effect a compromise with its creditors; or 20.1.5 commit any act or omission which would, in the case of an individual, be an act of insolvency in terms of Section 8 of the Insolvency Act; or 20.1.6 fail to satisfy any final judgement against it within 21 days of the date that judgment becomes final when it should have become aware of such judgement; or the attempt to procure the suspension of execution fails, then the Defaulting Party shall be in breach of this Mandate, and the Aggrieved Party shall be entitlednon-defaulting party shall, without prejudice to any other rights remedies which it may haveotherwise have in terms of the Agreement, to applicable Service Schedule or at law terminate this Mandate and all other agreements (if any) between the Parties. 8.3. If this Mandate Agreement is terminated for and/or any reason whatsoever, including cancellation for breach Service Schedules or any part of a material termServices under a Service Schedule on written notice to the defaulting party, then in which event such termination shall be without prejudice to any other rights which the Parties may have in law or under this Mandate Agreement, the Parties agree that: 8.3.1. Each Party shall provide the other Party all the administrative assistance, in order to facilitate the smooth termination of this Mandate Agreement; 8.3.2. Each Party shall immediately cease to use or display any marks or logos, whether registered or unregistered, or licensed, which are proprietary to the other Partyto, and shall make not constitute a release or cause to be madewaiver of, any claims which the necessary changes to its promotion and advertising material. 8.3.3. The Originator undertakes to honour on all Marketing Contributions to non-defaulting party any Service Schedule (as the Developer, due to bond applications having been approved prior to termination case may be) in terms of this Agreementclause.

BREACH AND TERMINATION. 8.120.1 Should either party; 20.1.1 breach any of its obligations in terms hereof (including any Service Schedule) and fail to remedy such breach within 10 (ten) working days from receipt of a written notice from the other party. This Mandate Agreement is valid for If the Mandate Period as set out breach cannot reasonably be remedied within 10 (ten) working days, the Party in Clause 7, subject to all material terms of this agreement being adhered to at all times. 8.2. Either Party (the “Aggrieved Party”) default shall be entitled toto an extension, not exceeding a further 20 (twenty) days, to remedy the breach, on condition that the Party in addition default provides evidence to its other remedies in law or in terms the reasonable satisfaction of this Mandate, terminate this Mandate at any time if the other Party party within the 10 (the “Defaulting Party”): 8.2.1. Commits a breach of any provision of this Mandate Agreement and fails ten) days that effective steps to remedy the breach within 7 (Seven) Days of receipt of written notice have been initiated and continues to do so; or 8.2.2. Commits breach of this Mandate Agreement after having remedied an early similar breach during the preceding 12 (Twelve) months; or 8.2.3. Takes steps to place itself, or is placed, in liquidation either voluntarily or compulsory, or under judicial management whether provisionally or finally or attempts to effect a compromise with its creditors or engages in a business rescue exercise; or 8.2.4. Takes steps to deregister itself or is deregistered as a company; or 8.2.5. Commits an act which could be an act of insolvency (as defined in the Insolvency Act 24 of 1936), if committed by a natural person; or 8.2.6. Fails to satisfy judgment against it within 21 (Twenty One) Days after it becomes aware of the judgment, except that if it provides provide such evidence on an on-going basis to that the reasonable satisfaction of the Aggrieved Party that legal proceedings have been launched to appeal, review or rescind the judgment and to procure suspension of execution and that such proceedings steps are being expeditiously pursued, the period . 20.1.2 commits a breach of 21 any payment obligation in terms of any Contract Document and fails to make payment within 7 (Twenty Oneseven) Days shall run days after receipt from the other Party of written notice calling upon it to do so; 20.1.3 be placed in liquidation or under judicial management or curatorship (in either case, whether provisionally or finally); or 20.1.4 effect a compromise with its creditors; or 20.1.5 commit any act or omission which would, in the case of an individual, be an act of insolvency in terms of Section 8 of the Insolvency Act; or 20.1.6 fail to satisfy any final judgement against it within 21 days of the date that judgment becomes final when it should have become aware of such judgement; or the attempt to procure the suspension of execution fails, then the Defaulting Party shall be in breach of this Mandate, and the Aggrieved Party shall be entitlednon-defaulting party shall, without prejudice to any other rights remedies which it may haveotherwise have in terms of the Agreement, to applicable Service Schedule or at law terminate this Mandate Agreement and/or any Service Schedules or any part of a Services under a Service Schedule on written notice to the defaulting party, in which event such termination shall be without prejudice to, and all other agreements shall not constitute a release or waiver of, any claims which the non-defaulting party may have for damages against the defaulting party occasioned by the termination of the this Agreement and/or any Service Schedule (as the case may be) in terms of this clause. 20.2 No party may cancel this Agreement on the grounds of a breach of a term of this Agreement unless the breach is material. 20.3 Without prejudice to the aforesaid right, where such breach is the result of non-payment from the Customer and Customer does not execute payment after notice as set out above, LexTrado may suspend Services until the amount due and outstanding has been paid in full. Aforesaid suspension shall not be seen as a cancellation or termination unless LexTrado specifically indicate cancellation of the Agreement; 20.4 The Customer may cancel the Agreement or any Service Schedule at the end of the Initial Period (if any) between or if the PartiesCustomer is a natural person, on at least 20 (twenty) Business Days advance written notice to LexTrado at any time prior to the expiration of the Initial Period, subject to payment of all amounts due and payable up to the date of cancellation and payment of a reasonable cancellation fee that LexTrado may charge for the early termination in contemplation of the Agreement or Service Schedule enduring for its intended Initial Period. 8.3. 20.5 If this Mandate Agreement the Customer is terminated for any reason whatsoever, including cancellation for breach of a material term, then without prejudice to any other rights which the Parties may have in law or under this Mandate AgreementJuristic Person, the Parties agree that: 8.3.1. Each Party shall provide Customer may not terminate the other Party all the administrative assistance, in order to facilitate the smooth termination of this Mandate Agreement; 8.3.2. Each Party shall immediately cease to use Agreement or display any marks or logos, whether registered or unregistered, or licensed, which are proprietary Service Schedule prior to the other Party, and shall make or cause Initial Term except as otherwise agreed to be made, the necessary changes to its promotion and advertising material. 8.3.3. The Originator undertakes to honour on all Marketing Contributions to the Developer, due to bond applications having been approved prior to termination of under this Agreement.

BREACH AND TERMINATION. 8.1. This Mandate Agreement is valid for the Mandate Period as set out in Clause 7, subject If a Party: 13.1 Fails to all material terms pay any amount by due date and fails to make payment within 10 (ten) days of this agreement being adhered (breach) written notice to at all times.do so; 8.2. Either Party (the “Aggrieved Party”) shall be entitled to, in addition to its 13.2 Breaches any other remedies in law or in terms of this Mandate, terminate this Mandate at any time if the other Party (the “Defaulting Party”): 8.2.1. Commits a breach of any provision of this Mandate Agreement and fails to remedy the breach within 7 10 (Seventen) Days of receipt days of written notice to do so; or, provided that: 8.2.2. Commits 13.2.1 if the breach can reasonably be remedied within a shorter period the Party giving notice may specify that shorter period in the notice and the Party in default will remedy the breach within that period; 13.2.2 if the breach cannot reasonably be remedied within 10 (ten) days, the Party will be entitled to an extension, not exceeding a further 60 (sixty) days to remedy the breach on condition that the Party in default provides evidence to the reasonable satisfaction of this Mandate Agreement after having remedied an early similar breach during the preceding 12 other Party within the 10 (Twelveten) months; or 8.2.3. Takes days that effective steps to place itself, or is placed, in liquidation either voluntarily or compulsory, or under judicial management whether provisionally or finally or attempts remedy the breach have been initiated and continues to effect a compromise with its creditors or engages in a business rescue exercise; orprovide such evidence on an ongoing basis that the steps are being expeditiously pursued; 8.2.4. Takes 13.2.3 take steps to deregister itself or is deregistered as a companyunless for purposes of restruc- turing and/or reorganisation of itself; or 8.2.5. Commits an act which could be commits an act of insolvency (as defined in the Insolvency Act 24 as amended from time to time, or, being a corporate body, commits an act which would be an act of 1936), insolvency if committed by a natural personperson unless for purposes of restructuring and/or reorganisation of itself; then the Party will be in default. 13.3 Is in default, the other Party (the aggrieved Party) will be entitled, in addition, to all other remedies at law, to: 13.3.1 cancel the Agreement, in which event the aggrieved Party may retain all monies paid by the Party in default or claim damages; 13.3.2 if the aggrieved Party elects to claim damages, the aggrieved Party may retain all monies paid by the Party in default pending determination of the amount of the damages; or 8.2.6. Fails to satisfy judgment against it within 21 (Twenty One) Days after it becomes aware 13.3.3 uphold the Agreement in which event the full balance owing and all other obligations owed by the Party in default will, at the option of the judgmentaggrieved Party, except that become immediately due, payable and enforceable. 13.4 Is in default and the default is of a continuing nature or if it provides evidence on an on-going basis to the reasonable satisfaction of the Aggrieved a Party that legal proceedings have been launched to appeal, review or rescind the judgment and to procure suspension of execution and that such proceedings are being expeditiously pursued, the period of 21 (Twenty One) Days shall run from the date that judgment becomes final or the attempt to procure the suspension of execution fails, then the Defaulting Party shall be is in breach of any provisions of this MandateAgreement and has been given written notice to remedy the breach, and the Aggrieved Party shall aggrieved Party: 13.4.1 may suspend performance of the aggrieved Party’s obligations during the default or breach; and 13.4.2 will be entitled, entitled to a reasonable additional period for the performance of the ag grieved Party’s obligations. 13.5 Termination of this Agreement by the Licensor will be without prejudice to any other existing rights it and/or claims that the Licensor may have, to terminate this Mandate and all other agreements (if any) between have against the PartiesLicensee. 8.3. If this Mandate Agreement is terminated for any reason whatsoever, including cancellation for breach of a material term, then without prejudice 13.6 Subject at all times to any other rights which the Parties may have in law or under this Mandate Agreement, the Parties agree that: 8.3.1. Each Party shall provide the other Party all the administrative assistanceclause 4, in order to facilitate the smooth termination event of this Mandate Agreement; 8.3.2. Each Party shall immediately cease to use or display any marks or logos, whether registered or unregistered, or licensed, which are proprietary to the other Party, and shall make or cause to be made, the necessary changes to its promotion and advertising material. 8.3.3. The Originator undertakes to honour on all Marketing Contributions to the Developer, due to bond applications having been approved prior to termination of this Agreement, how soever arising: 13.6.1 the Licensee will cease forthwith to use the Intellectual Property; 13.6.2 the Licensee will, within 20 (twenty) Business Days deliver up to the Licensor all Intellectual Property together with all documents, packaging, advertising, promotional or other material and all copies thereof containing any reference to the Technology Platform or containing any of the Intellectual Property, in the possession, custody or control of the Licensee; 13.6.3 the Licensor will be entitled to request the Registrar of Technology Platform in the Territory to cancel any registrations of the Licensee as a registered user of the Technology Platform and the Licensee will upon demand by the Licensor cooperate and do any and all acts and things and execute all such documents as may be necessary to procure such cancellations; 13.6.4 if applicable, the Licensee will forthwith change its corporate name and trading style to a name not including the Technology Platform or any of them or anything confusingly similar thereto and will file all necessary documentation and pay all necessary fees to record such change of name at the relevant office in the relevant Territory; 13.6.5 the Licensee will not do or omit to do any act after the expiry or termination of this Agreement which might reasonably lead any person to believe that the Licensee is still licensed to use the Intellectual Property or any part thereof; 13.6.6 all provisions of this Agreement which in order to give effect to the meaning needs to survive its termination will remain in full force and effect after termination.

BREACH AND TERMINATION. 8.1. This Mandate Agreement is valid for 20.1 Should either party; 20.1.1 breach any of its obligations in terms hereof (including any Service Schedule) and fail to remedy such breach within 10 (ten) working days from receipt of a written notice from the Mandate Period as set out other party or if the breach cannot reasonably be remedied within 10 (ten) working days, the Party in Clause 7, subject to all material terms of this agreement being adhered to at all times. 8.2. Either Party (the “Aggrieved Party”) default shall be entitled toto an extension, not exceeding a further 20 (twenty) days, to remedy the breach, on condition that the Party in addition default provides evidence to its other remedies in law or in terms the reasonable satisfaction of this Mandate, terminate this Mandate at any time if the other Party party within the 10 (the “Defaulting Party”): 8.2.1. Commits a breach of any provision of this Mandate Agreement and fails ten) days that effective steps to remedy the breach within 7 (Seven) Days of receipt of written notice have been initiated and continues to do so; or 8.2.2. Commits breach of this Mandate Agreement after having remedied an early similar breach during the preceding 12 (Twelve) months; or 8.2.3. Takes steps to place itself, or is placed, in liquidation either voluntarily or compulsory, or under judicial management whether provisionally or finally or attempts to effect a compromise with its creditors or engages in a business rescue exercise; or 8.2.4. Takes steps to deregister itself or is deregistered as a company; or 8.2.5. Commits an act which could be an act of insolvency (as defined in the Insolvency Act 24 of 1936), if committed by a natural person; or 8.2.6. Fails to satisfy judgment against it within 21 (Twenty One) Days after it becomes aware of the judgment, except that if it provides provide such evidence on an on-going basis to that the reasonable satisfaction of the Aggrieved Party that legal proceedings have been launched to appeal, review or rescind the judgment and to procure suspension of execution and that such proceedings steps are being expeditiously pursued; 20.1.2 commit a breach of any payment obligation in terms of any Contract Document and fail to make payment within 7 (seven) days after receipt from the other Party of written notice calling upon it to do so; 20.1.3 be placed in liquidation or under judicial management or curatorship (in either case, whether provisionally or finally); or 20.1.4 effect a compromise with its creditors; or 20.1.5 commit any act or omission which would, in the case of an individual, be an act of insolvency in terms of Section 8 of the Insolvency Act; or 20.1.6 fail to satisfy any final judgement against it within 21 days of the date when it should have become aware of such judgement, the period of 21 (Twenty One) Days shall run from the date that judgment becomes final or the attempt to procure the suspension of execution fails, then the Defaulting Party shall be in breach of this Mandate, and the Aggrieved Party shall be entitlednon-defaulting party may, without prejudice to any other rights remedies which it may haveotherwise have in terms of the Agreement, to applicable Service Schedule or at law, terminate this Mandate Agreement and/or any Service Schedules or any part of a Services under a Service Schedule on written notice to the defaulting party, in which event such termination shall be without prejudice to, and all other agreements shall not constitute a release or waiver of, any claims which the non-defaulting party may have for damages against the defaulting party occasioned by the termination of the Agreement and/or any Service Schedule (as the case may be) in terms of this clause. 20.2 No party may cancel this Agreement on the grounds of a breach of a term of this Agreement unless the breach is material. 20.3 Without prejudice to the aforesaid right in clause 20.1, where such breach is the result of non-payment from the Customer and Customer does not execute payment after notice as set out in clause 20.1.1, Cyanre may suspend Services until the amount due and outstanding has been paid in full. Aforesaid suspension shall not be seen as a cancellation or termination unless Cyanre specifically indicate cancellation of the Agreement; 20.4 The Customer may cancel the Agreement or any Service Schedule at the end of the Initial Period (if any) between or if the PartiesCustomer is a natural person, on at least 20 (twenty) Business Days advance written notice to Cyanre at any time prior to the expiration of the Initial Period, subject to payment of all amounts due and payable up to the date of cancellation and payment of a reasonable cancellation fee that Cyanre may charge for the early termination in contemplation of the Agreement or Service Schedule enduring for its intended Initial Period. 8.3. 20.5 If this Mandate the Customer is a Juristic Person, the Customer may not terminate the Agreement is terminated for any reason whatsoever, including cancellation for breach of a material term, then without prejudice or Service Schedule prior to any other rights which the Parties may have in law or Initial Term except as otherwise agreed to under this Mandate Agreement, the Parties agree that: 8.3.1. Each Party shall provide the other Party all the administrative assistance, in order to facilitate the smooth termination of this Mandate Agreement; 8.3.2. Each Party shall immediately cease to use or display any marks or logos, whether registered or unregistered, or licensed, which are proprietary to the other Party, Terms and shall make or cause to be made, the necessary changes to its promotion and advertising material. 8.3.3. Conditions_General_Lab_2020-11 Cyanre The Originator undertakes to honour on all Marketing Contributions to the Developer, due to bond applications having been approved prior to termination of this Agreement.Digital Forensic Lab (Pty)Ltd

BREACH AND TERMINATION. 8.1. This Mandate Agreement is valid for the Mandate Period as set out in Clause 7, subject 10.1 If a Party to all material terms of this agreement being adhered Schedule: 10.1.1 fails to at all times. 8.2. Either Party (the “Aggrieved Party”) shall be entitled to, in addition to its other remedies in law or pay any amount due by it in terms of this MandateSchedule by the due date, terminate this Mandate at any time if the other Party (the “Defaulting Party”): 8.2.1. Commits a breach of any provision of this Mandate Agreement and fails to remedy the such breach within 7 30 (Seventhirty) Days of receipt days of written notice to do so; or 8.2.2. Commits 10.1.2 commits a material breach of any other provision of this Mandate Agreement after having remedied an early similar Schedule and fails to remedy such breach during the preceding 12 within 30 (Twelvethirty) monthsdays of written notice to do so; or 8.2.3. Takes 10.1.3 takes steps to place itself, or is placedplaced in liquidation, in liquidation either voluntarily whether voluntary or compulsory, or under judicial management management, in either case whether provisionally or finally finally, or attempts to effect a compromise with its creditors or engages in a is the subject of business rescue exerciseproceedings; or 8.2.4. Takes 10.1.4 take steps to deregister itself or is deregistered as a companyderegistered; or 8.2.5. Commits an act which could be an act of insolvency (as defined in the Insolvency Act 24 of 1936), if committed by a natural person; or 8.2.6. Fails 10.1.5 fails to satisfy a substantial judgment against it that Party within 21 (Twenty Onetwenty one) Days days after it that Party becomes aware of the judgment, except if that if it Party provides evidence on an on-going ongoing basis to the reasonable satisfaction of the Aggrieved other Party that legal proceedings steps have been launched initiated within the 21 (twenty one) days to appeal, review or rescind the judgment and to procure suspension of execution of that judgment and that such proceedings steps are being expeditiously pursued, the . The period of 21 (Twenty Onetwenty-one) Days days shall run from the date that on which the judgment becomes final final, or the attempt date on which the attempts to procure the suspension of the execution failsfail, then the Defaulting such Party shall be in breach default. Xxxxxx Space Connect Continue Schedule G - Xxxxxx Space Connect Page 11 of this Mandate21 10.2 If a Party is in default, and the Aggrieved aggrieved Party shall be entitled, without prejudice in addition to any all other rights remedies to which it may havebe entitled at law, or in terms of this Schedule, to terminate cancel this Mandate and all other agreements (if any) between the PartiesSchedule. 8.3. If this Mandate Agreement is terminated 10.3 Upon the termination for any reason whatsoever, including cancellation for breach whatsoever of a material term, this Schedule all amounts then without prejudice owing by one Party to any other rights which the Parties may have in law or under this Mandate Agreement, the Parties agree that: 8.3.1. Each Party shall provide the other Party all the administrative assistance, in order to facilitate the smooth termination of this Mandate Agreement; 8.3.2. Each Party shall will become immediately cease to use or display any marks or logos, whether registered or unregistered, or licensed, which are proprietary to the other Party, due and shall make or cause to be made, the necessary changes to its promotion and advertising materialpayable. 8.3.3. The Originator undertakes to honour on all Marketing Contributions to the Developer, due to bond applications having been approved prior to termination of this Agreement.

BREACH AND TERMINATION. 8.120.1 Should either party; 20.1.1 breach any of its obligations in terms hereof (including any Service Schedule) and fail to remedy such breach within 10 (ten) working days from receipt of a written notice from the other party. This Mandate Agreement is valid for If the Mandate Period as set out breach cannot reasonably be remedied within 10 (ten) working days, the Party in Clause 7, subject to all material terms of this agreement being adhered to at all times. 8.2. Either Party (the “Aggrieved Party”) default shall be entitled toto an extension, not exceeding a further 20 (twenty) days, to remedy the breach, on condition that the Party in addition default provides evidence to its other remedies in law or in terms the reasonable satisfaction of this Mandate, terminate this Mandate at any time if the other Party party within the 10 (the “Defaulting Party”): 8.2.1. Commits a breach of any provision of this Mandate Agreement and fails ten) days that effective steps to remedy the breach within 7 (Seven) Days of receipt of written notice have been initiated and continues to do so; or 8.2.2. Commits breach of this Mandate Agreement after having remedied an early similar breach during the preceding 12 (Twelve) months; or 8.2.3. Takes steps to place itself, or is placed, in liquidation either voluntarily or compulsory, or under judicial management whether provisionally or finally or attempts to effect a compromise with its creditors or engages in a business rescue exercise; or 8.2.4. Takes steps to deregister itself or is deregistered as a company; or 8.2.5. Commits an act which could be an act of insolvency (as defined in the Insolvency Act 24 of 1936), if committed by a natural person; or 8.2.6. Fails to satisfy judgment against it within 21 (Twenty One) Days after it becomes aware of the judgment, except that if it provides provide such evidence on an on-going basis to that the reasonable satisfaction of the Aggrieved Party that legal proceedings have been launched to appeal, review or rescind the judgment and to procure suspension of execution and that such proceedings steps are being expeditiously pursued, the period . 20.1.2 commits a breach of 21 any payment obligation in terms of any Contract Document and fails to make payment within 7 (Twenty Oneseven) Days shall run days after receipt from the other Party of written notice calling upon it to do so; 20.1.3 be placed in liquidation or under judicial management or curatorship (in either case, whether provisionally or finally); or 20.1.4 effect a compromise with its creditors; or 20.1.5 commit any act or omission which would, in the case of an individual, be an act of insolvency in terms of Section 8 of the Insolvency Act; or 20.1.6 fail to satisfy any final judgement against it within 21 days of the date that judgment becomes final when it should have become aware of such judgement; or the attempt to procure the suspension of execution fails, then the Defaulting Party shall be in breach of this Mandate, and the Aggrieved Party shall be entitlednon-defaulting party shall, without prejudice to any other rights remedies which it may haveotherwise have in terms of the Agreement, to applicable Service Schedule or at law terminate this Mandate and all other agreements (if any) between the Parties. 8.3. If this Mandate Agreement is terminated for and/or any reason whatsoever, including cancellation for breach Service Schedules or any part of a material termServices under a Service Schedule on written notice to the defaulting party, then in which event such termination shall be without prejudice to any other rights which the Parties may have in law or under this Mandate Agreement, the Parties agree that: 8.3.1. Each Party shall provide the other Party all the administrative assistance, in order to facilitate the smooth termination of this Mandate Agreement; 8.3.2. Each Party shall immediately cease to use or display any marks or logos, whether registered or unregistered, or licensed, which are proprietary to the other Partyto, and shall make not constitute a release or cause to be madewaiver of, any claims which the necessary changes to its promotion and advertising material. 8.3.3. The Originator undertakes to honour on all Marketing Contributions to non-defaulting party may have for damages against the Developer, due to bond applications having been approved prior to defaulting party occasioned by the termination of the this Agreement.

BREACH AND TERMINATION. 8.1. This Mandate Agreement is valid for the Mandate Period as set out in Clause 7, subject to all material terms 10.1 If a Party (Defaulting Party) commits any breach of this agreement being adhered to at all times. 8.2. Either Party (the “Aggrieved Party”) shall be entitled to, in addition to its other remedies in law or in terms of this Mandate, terminate this Mandate at any time if the other Party (the “Defaulting Party”): 8.2.1. Commits a breach of any provision of this Mandate Agreement and fails to remedy the such breach within 7 20 (Seventwenty) Business Days of receipt (Notice Period) of written notice requiring the breach to do so; orbe remedied, then the Party giving the notice (Aggrieved Party) will be entitled, at its option: 8.2.2. Commits breach 10.1.1 to claim immediate specific performance of this Mandate Agreement after having remedied an early similar breach during the preceding 12 (Twelve) months; or 8.2.3. Takes steps to place itself, all or is placed, in liquidation either voluntarily or compulsory, or under judicial management whether provisionally or finally or attempts to effect a compromise with its creditors or engages in a business rescue exercise; or 8.2.4. Takes steps to deregister itself or is deregistered as a company; or 8.2.5. Commits an act which could be an act of insolvency (as defined in the Insolvency Act 24 of 1936), if committed by a natural person; or 8.2.6. Fails to satisfy judgment against it within 21 (Twenty One) Days after it becomes aware any of the judgmentDefaulting Party's obligations under this Agreement, except that if it provides evidence on an on-going basis with or without claiming damages, whether or not such obligation has fallen due for performance and to require the Defaulting Party to provide security to the reasonable satisfaction of the Aggrieved Party that legal proceedings have been launched to appeal, review or rescind the judgment and to procure suspension of execution and that such proceedings are being expeditiously pursued, the period of 21 (Twenty One) Days shall run from the date that judgment becomes final or the attempt to procure the suspension of execution fails, then for the Defaulting Party's obligations; or 10.1.2 to cancel this Agreement, with or without claiming damages, in which case written notice of the cancellation shall be given to the Defaulting Party, and the cancellation shall take effect on the giving of the notice. No Party shall be entitled to cancel this Agreement unless the breach is a material breach. A breach will be deemed to be a material breach if: 10.1.2.1 it is capable of being remedied, but is not so remedied within the Notice Period; or 10.1.2.2 it is incapable of being remedied and payment in money will compensate for such breach but such payment is not made once finally determined, provided that, without derogating from clauses 10.1.1 and 10.1.2, the Implementation Date shall be postponed to the second Business Day following the expiry of the Notice Period in the event that the Implementation Date is scheduled to occur prior to the end of any Notice Period. 10.2 The Parties agree that any costs awarded will be recoverable on an attorney-and-own-client scale unless the arbitrators or the court, as the case may be, specifically determine that such scale shall not apply, in which event the costs will be recoverable in accordance with the High Court tariff, determined on an attorney-and-client scale. 10.3 The Aggrieved Party's remedies in terms of this Mandate, and the Aggrieved Party shall be entitled, clause 10 are without prejudice to any other rights it remedies to which the Aggrieved Party may have, to terminate this Mandate and all other agreements (if any) between the Partiesbe entitled in law. 8.3. If 10.4 Notwithstanding the aforegoing, after Closing, none of the Parties will have the right to cancel this Mandate Agreement is terminated for or any reason whatsoever, including cancellation for breach other Transaction Document as a result of a material term, then without prejudice to any other rights which the Parties may have in law or under this Mandate Agreement, the Parties agree that: 8.3.1. Each Party shall provide the other Party all the administrative assistance, in order to facilitate the smooth termination of this Mandate Agreement; 8.3.2. Each Party shall immediately cease to use or display any marks or logos, whether registered or unregistered, or licensed, which are proprietary to the other Party, and shall make or cause to be made, the necessary changes to its promotion and advertising materialbreach thereof. 8.3.3. The Originator undertakes to honour on all Marketing Contributions to the Developer, due to bond applications having been approved prior to termination of this Agreement.

BREACH AND TERMINATION. 8.115.1. This Mandate Agreement is valid for the Mandate Period as set out in Clause 7, subject to all If either Party breaches a material terms term of this agreement Agreement in a way which is not capable of being adhered to at all times. 8.2. Either remedied, the aggrieved Party (the “Aggrieved Party”) shall be entitled toto cancel this Agreement with immediate effect on written notice, in addition without prejudice to its other remedies rights in law or in terms including its right to claim damages. 15.2. If: 15.2.1. a Party breaches a material term of this MandateAgreement in a way which is capable of being remedied, terminate this Mandate at any time if it shall on its own accord or upon receipt of written notice from the other Party (the “Defaulting non-defaulting Party”): 8.2.1. Commits a breach of any provision of this Mandate Agreement and fails to remedy the breach , within 7 (Sevenseven) Days days of it becoming aware of the breach or within 7 (seven) days (or such longer period as may be specified in the notice) of receipt of written notice from the non-defaulting Party, as the case may be, submit a plan to do soremedy or sufficiently mitigate the effect of such material breach which meets the approval of the non-defaulting Party (which approval shall not be unreasonably withheld) (“Remedy Plan”). If the defaulting Party does not remedy such breach: 15.2.1.1. within 30 (thirty) days of submission of the Remedy Plan to the non- defaulting Party, or such longer or shorter period as may be stated in the Remedy Plan and agreed to and approved by the non- defaulting Party; and/or 15.2.1.2. within the service level parameters contemplated in the Remedy Plan; or 8.2.215.2.2. Commits breach an Insolvency Event occurs in respect of this Mandate Agreement after having remedied an early similar breach during the preceding 12 (Twelve) monthsa Party; or 8.2.315.2.3. Takes steps a Party intentionally does anything which is calculated to place itself, or is placed, in liquidation either voluntarily or compulsory, or under judicial management whether provisionally or finally or attempts to effect a compromise with its creditors or engages in a business rescue exercise; or 8.2.4. Takes steps to deregister itself or is deregistered as a company; or 8.2.5. Commits an act which could be an act injure the reputation of insolvency (as defined in the Insolvency Act 24 of 1936), if committed by a natural person; or 8.2.6. Fails to satisfy judgment against it within 21 (Twenty One) Days after it becomes aware of the judgment, except that if it provides evidence on an on-going basis to the reasonable satisfaction of the Aggrieved Party that legal proceedings have been launched to appeal, review or rescind the judgment and to procure suspension of execution and that such proceedings are being expeditiously pursued, the period of 21 (Twenty One) Days shall run from the date that judgment becomes final or the attempt to procure the suspension of execution fails, then the Defaulting Party shall be in breach of this Mandate, and the Aggrieved Party shall be entitled, without prejudice to any other rights it may have, to terminate this Mandate and all other agreements (if any) between the Parties. 8.3. If this Mandate Agreement is terminated for any reason whatsoever, including cancellation for breach of a material term, then without prejudice to any other rights which the Parties may have in law or under this Mandate Agreement, the Parties agree that: 8.3.1. Each Party shall provide the other Party all the administrative assistance, in order to facilitate the smooth termination of this Mandate Agreement; 8.3.2. Each Party shall immediately cease to use or display any marks or logos, whether registered or unregistered, or licensed, which are proprietary goodwill attaching to the other Party, and then the other Party shall make or cause be entitled to be madecancel this Agreement with immediate effect on written notice, without prejudice to its other rights in law including its right to claim damages. 15.3. For purposes of this clause 15 (Breach), but without limiting the generality of the concept of a material breach, a breach of a material term of this Agreement includes: 15.3.1. subject to clause 5.4, the necessary changes non-adherence due to its promotion and advertising materialthe conduct of the NHI Administrator to: 15.3.1.1. a specific Critical Service Level over a period of 3 (three) consecutive months; or 15.3.1.2. any combination of Critical Service Levels over a period of 3 (three) consecutive months, 2 (two) of which Critical Service Levels shall have not been adhered to for 2 (two) months in such 3 (three) month period; or 15.3.2. either Party having been proven to have committed any corrupt or fraudulent conduct in connection with the procurement process conducted by the National Department of Health in respect of this Agreement or any other third-party procurement process; or 15.3.3. either Party defaulting in the performance of any material obligations in terms of or arising from this Agreement; or 15.3.4. either Party failing to materially comply with applicable obligations or requirements provided for in the Act or any other statute, including but not limited to any licensing, registration or accreditation requirements. 8.3.315.4. The Originator undertakes to honour on all Marketing Contributions to For the Developeravoidance of doubt, due to bond applications having been approved prior to termination the Parties acknowledge and record that the breaches contemplated in: 15.4.1. clause 15.3.1, constitutes a material breach, capable of this Agreement.being remedied as contemplated in clause 15.2.1;