Common use of CESSION OR DELEGATION AND SUBCONTRACTING Clause in Contracts

CESSION OR DELEGATION AND SUBCONTRACTING. 28.1. Neither Party shall cede or delegate any right or obligation under this contract nor enter into any sub-contract of whatever nature for the execution therefore or part thereof without the prior written consent of the other. 28.2. Should the Consultant apply to cede or assign the whole portion of the contract, the circumstances shall be reported to PRASA. PRASA shall be notified immediately of the Seller’s intention to cede and/or assign its business. The name(s) of the new company and its directors shall be furnished to PRASA together with any other information reasonably required by PRASA. 28.3. Under no circumstances shall it be taken for granted that XXXXX will approve of the session and/or assigning if PRASA has not been provided with all the relevant details. 28.4. The Consultant may sub-contract any of its obligations in terms of this Agreement to a third party, provided that:- 28.4.1. such sub-contracting shall not absolve the Consultant from the responsibility for complying with its obligations in terms of this Agreement and the Consultant hereby indemnifies and holds PRASA harmless against any loss, harm or damage which PRASA may suffer as a result of such sub-contracting; 28.4.2. such sub-contracting shall not have the effect of diluting or circumventing the provisions of the Consultant Bid Submission and this Agreement; 28.4.3. the Consultant shall at all times remain the sole point of contact for PRASA in respect of the acquisition of services by PRASA; and 28.4.4. no such sub-contracting shall have any effect on the Tender Amount payable by PRASA to the Consultant in terms of this Agreement. 28.5. The Consultant shall during the term of this agreement not be allowed to proceed with any of the following matters prior to receiving written consent of XXXXX’s Chief Procurement Officer and Group Chief Executive Officer: 28.5.1. any transfer of any amount of shares of the Consultant; 28.5.2. any change in the composition of the Consultant; 28.5.3. any change in the ownership of the Consultant; 28.5.4. any material change in the constitution, memorandum, articles of association of similar document providing for the creation, formation or incorporation of the Consultant; or 28.5.5. any change on the BBBEE component of the Consultant 28.6. provided that the Consultant shall not require any approval and/or consent of the PRASA and/or XXXXX’s Chief Procurement Officer and Group Chief Executive Officer where any change as contemplated in clauses 28.5.1 to 28.5.5 any transfer of any amount of shares of the Consultant; to any change on the BBBEE component of the Consultant does not have impact of the BBBEE status of the Consultant.

CESSION OR DELEGATION AND SUBCONTRACTING. 28.140.1. Neither Party shall cede or delegate any right or obligation under this contract nor enter into any sub-contract of whatever nature for the execution therefore or part thereof without the prior written consent of the other. 28.240.2. Should the Consultant apply to cede or assign the whole portion of the contract, the circumstances shall be reported to PRASA. PRASA shall be notified immediately of the Seller’s intention to cede and/or assign its business. The name(s) of the new company and its directors shall be furnished to PRASA together with any other information reasonably required by PRASA. 28.340.3. Under no circumstances shall it be taken for granted that XXXXX will approve of the session and/or assigning if PRASA has not been provided with all the relevant details. 28.440.4. The Consultant may sub-contract any of its obligations in terms of this Agreement to a third party, provided that:- 28.4.140.4.1. such sub-contracting shall not absolve the Consultant from the responsibility for complying with its obligations in terms of this Agreement and the Consultant hereby indemnifies and holds PRASA XXXXX harmless against any loss, harm or damage which PRASA may suffer as a result of such sub-contracting; 28.4.240.4.2. such sub-contracting shall not have the effect of diluting or circumventing the provisions of the Consultant Bid Submission and this Agreement; 28.4.340.4.3. the Consultant shall at all times remain the sole point of contact for PRASA in respect of the acquisition of services by PRASA; and 28.4.440.4.4. no such sub-contracting shall have any effect on the Tender Amount payable by PRASA to the Consultant in terms of this Agreement. 28.540.5. The Consultant shall during the term of this agreement not be allowed to proceed with any of the following matters prior to receiving written consent of XXXXX’s Chief Procurement Officer and Group Chief Executive Officer: 28.5.140.5.1. any transfer of any amount of shares of the Consultant; 28.5.240.5.2. any change in the composition of the Consultant; 28.5.340.5.3. any change in the ownership of the Consultant; 28.5.440.5.4. any material change in the constitution, memorandum, articles of association of similar document providing for the creation, formation or incorporation of the Consultant; or 28.5.540.5.5. any change on the BBBEE component of the Consultant 28.640.6. provided that the Consultant shall not require any approval and/or consent of the PRASA and/or XXXXX’s Chief Procurement Officer and Group Chief Executive Officer where any change as contemplated in clauses 28.5.1 40.5.1 to 28.5.5 40.5.5 any transfer of any amount of shares of the Consultant; to any change on the BBBEE component of the Consultant does not have impact of the BBBEE status of the Consultant.

CESSION OR DELEGATION AND SUBCONTRACTING. 28.127.1. Neither Party shall cede or delegate any right of its rights or obligation obligations under this contract Agreement nor enter into any sub-contract of whatever nature for the execution therefore or part thereof without the prior written consent of the otherother Party. 28.227.2. Should the Consultant CONTRACTOR apply to cede or assign the whole portion of the contractAgreement, the circumstances shall be reported to the PRASA. The PRASA shall be notified immediately of the Seller’s intention to cede and/or assign its business. The name(s) of the new company and its directors shall be furnished to the PRASA together with any other information reasonably required by the PRASA. 28.3. Under no circumstances shall it be taken for granted that XXXXX will approve of the session and/or assigning if PRASA has not been provided with all the relevant details. 28.427.3. The Consultant CONTRACTOR may sub-contract any of its obligations in terms of this Agreement to a third party, provided that:-that: 28.4.127.3.1. such sub-contracting shall not absolve the Consultant CONTRACTOR from the responsibility for of complying with its obligations in terms of this Agreement and the Consultant CONTRACTOR hereby indemnifies and holds PRASA harmless against any loss, harm or damage which PRASA may suffer as a result of such sub-contracting; 28.4.227.3.2. such sub-contracting shall not have the effect of diluting or circumventing the provisions of the Consultant CONTRACTOR Bid Submission submission and this Agreement; 28.4.327.3.3. the Consultant CONTRACTOR shall at all times remain the sole point of contact for PRASA in respect of the acquisition of services Services performed and rendered by the CONTRACTOR to PRASA; and 28.4.427.3.4. no such sub-contracting shall have any effect on the Tender Amount amount payable by PRASA to the Consultant CONTRACTOR for the performance and rendering of the Services in terms of this Agreement. 28.526.4. The Consultant shall CONTRACTOR shall, during the term of this agreement agreement, not be allowed to proceed with any of the following matters prior to receiving written consent of XXXXXPRASA’s Chief Procurement Officer and Group Chief Executive Officer: 28.5.126.4.1. any transfer of any amount of shares of the ConsultantCONTRACTOR; 28.5.226.4.2. any change in the composition of the ConsultantCONTRACTOR; 28.5.326.4.3. any change in the ownership of the ConsultantCONTRACTOR; 28.5.426.4.4. any material change in the constitution, memorandum, articles of association of similar document providing for the creation, formation or incorporation of the ConsultantCONTRACTOR; or 28.5.526.4.5. any change on the BBBEE component of the ConsultantCONTRACTOR 28.626.5. provided Provided that the Consultant CONTRACTOR shall not require any approval and/or consent of the PRASA and/or XXXXXPRASA’s Chief Procurement Officer and Group Chief Executive Officer where any change as contemplated in clauses 28.5.1 26.4.1 to 28.5.5 26.4.5, any transfer of any amount of shares of the Consultant; to CONTRACTOR and/or any change on the BBBEE component of the Consultant CONTRACTOR does not have an adverse impact of on the BBBEE status of the ConsultantCONTRACTOR.

CESSION OR DELEGATION AND SUBCONTRACTING. 28.126.1. Neither Party shall cede or delegate any right of its rights or obligation obligations under this contract Agreement nor enter into any sub-contract of whatever nature for the execution therefore or part thereof without the prior written consent of the otherother Party. 28.226.2. Should the Consultant apply to cede or assign the whole portion of the contractAgreement, the circumstances shall be reported to the PRASA. The PRASA shall be notified immediately of the SellerConsultant’s intention to cede and/or assign its business. The name(s) of the new company and its directors shall be furnished to the PRASA together with any other information reasonably required by the PRASA. 28.3. Under no circumstances shall it be taken for granted that XXXXX will approve of the session and/or assigning if PRASA has not been provided with all the relevant details. 28.426.3. The Consultant may sub-contract any of its obligations in terms of this Agreement to a third party, provided that:-that: 28.4.126.3.1. such sub-contracting shall not absolve the Consultant from the responsibility for of complying with its obligations in terms of this Agreement and the Consultant hereby indemnifies and holds PRASA harmless against any loss, harm or damage (subject to clause 25) which PRASA may suffer as a result of such sub-sub- contracting; 28.4.226.3.2. such sub-contracting shall not have the effect of diluting or circumventing the provisions of the Consultant Bid Submission submission and this Agreement; 28.4.326.3.3. the Consultant shall at all times remain the sole point of contact for PRASA in respect of the acquisition of services Services performed and rendered by the Consultant to PRASA; and 28.4.426.3.4. no such sub-contracting shall have any effect on the Tender Amount amount payable by PRASA to the Consultant for the performance and rendering of the Services in terms of this Agreement. 28.5. The Consultant shall shall, during the term of this agreement not be allowed agreement, give written notice to proceed with PRASA should any of the following matters prior to receiving written consent of XXXXX’s Chief Procurement Officer and Group Chief Executive Officer:occur;:- 28.5.1. any transfer of any amount of shares of the Consultant; 28.5.2. any change in the composition of the Consultant; 28.5.326.4.1. any change in the ownership of the Consultant; 28.5.4. any material change in the constitution, memorandum, articles of association of similar document providing for the creation, formation or incorporation of the Consultant; or 28.5.526.4.2. any change on the BBBEE component of the Consultant 28.6. provided that the Consultant shall not require any approval and/or consent of the PRASA and/or XXXXX’s Chief Procurement Officer and Group Chief Executive Officer where any change as contemplated in clauses 28.5.1 to 28.5.5 any transfer of any amount of shares of the Consultant; to any change on the BBBEE component of the Consultant does not have impact of the BBBEE status of the Consultant.

CESSION OR DELEGATION AND SUBCONTRACTING. 28.126.1. Neither Party shall cede or delegate any right of its rights or obligation obligations under this contract Agreement nor enter into any sub-contract of whatever nature for the execution therefore or part thereof without the prior written consent of the otherother Party. 28.226.2. Should the Consultant apply to cede or assign the whole portion of the contractAgreement, the circumstances shall be reported to the PRASA. The PRASA shall be notified immediately of the Seller’s intention to cede and/or assign its business. The name(s) of the new company and its directors shall be furnished to the PRASA together with any other information reasonably required by the PRASA. 28.3. Under no circumstances shall it be taken for granted that XXXXX will approve of the session and/or assigning if PRASA has not been provided with all the relevant details. 28.426.3. The Consultant may sub-contract any of its obligations in terms of this Agreement to a third party, provided that:-that: 28.4.126.3.1. such sub-contracting shall not absolve the Consultant from the responsibility for of complying with its obligations in terms of this Agreement and the Consultant hereby indemnifies and holds PRASA harmless against any loss, harm or damage which PRASA may suffer as a result of such sub-contracting; 28.4.226.3.2. such sub-contracting shall not have the effect of diluting or circumventing the provisions of the Consultant Bid Submission submission and this Agreement; 28.4.326.3.3. the Consultant shall at all times remain the sole point of contact for PRASA in respect of the acquisition of services Services performed and rendered by the Consultant to PRASA; and 28.4.426.3.4. no such sub-contracting shall have any effect on the Tender Amount amount payable by PRASA to the Consultant for the performance and rendering of the Services in terms of this Agreement. 28.526.4. The Consultant shall shall, during the term of this agreement agreement, not be allowed to proceed with any of the following matters prior to receiving written consent of XXXXXPRASA’s Chief Procurement Officer and Group Chief Executive Officer: 28.5.126.4.1. any transfer of any amount of shares of the Consultant; 28.5.226.4.2. any change in the composition of the Consultant; 28.5.326.4.3. any change in the ownership of the Consultant; 28.5.426.4.4. any material change in the constitution, memorandum, articles of association of similar document providing for the creation, formation or incorporation of the Consultant; or 28.5.526.4.5. any change on the BBBEE component of the Consultant 28.626.5. provided Provided that the Consultant shall not require any approval and/or consent of the PRASA and/or XXXXXPRASA’s Chief Procurement Officer and Group Chief Executive Officer where any change as contemplated in clauses 28.5.1 26.4.1 to 28.5.5 26.4.5, any transfer of any amount of shares of the Consultant; to Consultant and/or any change on the BBBEE component of the Consultant does not have an adverse impact of on the BBBEE status of the Consultant.

CESSION OR DELEGATION AND SUBCONTRACTING. 28.1. Neither Party shall cede or delegate any right or obligation under this contract nor enter into any sub-contract of whatever nature for the execution therefore or part thereof without the prior written consent of the other. 28.2. Should the Consultant apply to cede or assign the whole portion of the contract, the circumstances shall be reported to PRASA. PRASA shall be notified immediately of the Seller’s intention to cede and/or assign its business. The name(s) of the new company and its directors shall be furnished to PRASA together with any other information reasonably required by PRASAXXXXX. 28.3. Under no circumstances shall it be taken for granted that XXXXX will approve of the session and/or assigning if PRASA has not been provided with all the relevant details. 28.4. The Consultant may sub-contract any of its obligations in terms of this Agreement to a third party, provided that:- 28.4.1. such sub-contracting shall not absolve the Consultant from the responsibility for complying with its obligations in terms of this Agreement and the Consultant hereby indemnifies and holds PRASA harmless against any loss, harm or damage which PRASA may suffer as a result of such sub-contracting; 28.4.2. such sub-contracting shall not have the effect of diluting or circumventing the provisions of the Consultant Bid Submission and this Agreement; 28.4.3. the Consultant shall at all times remain the sole point of contact for PRASA in respect of the acquisition of services by PRASA; and 28.4.4. no such sub-contracting shall have any effect on the Tender Amount payable by PRASA to the Consultant in terms of this Agreement. 28.5. The Consultant shall during the term of this agreement not be allowed to proceed with any of the following matters prior to receiving written consent of XXXXX’s Chief Procurement Officer and Group Chief Executive Officer: 28.5.1. any transfer of any amount of shares of the Consultant; 28.5.2. any change in the composition of the Consultant; 28.5.3. any change in the ownership of the Consultant; 28.5.4. any material change in the constitution, memorandum, articles of association of similar document providing for the creation, formation or incorporation of the Consultant; or 28.5.5. any change on the BBBEE component of the Consultant 28.6. provided that the Consultant shall not require any approval and/or consent of the PRASA and/or XXXXX’s Chief Procurement Officer and Group Chief Executive Officer where any change as contemplated in clauses 28.5.1 to 28.5.5 any transfer of any amount of shares of the Consultant; to any change on the BBBEE component of the Consultant does not have impact of the BBBEE status of the Consultant.

CESSION OR DELEGATION AND SUBCONTRACTING. 28.140.1. Neither Party shall cede or delegate any right or obligation under this contract nor enter into any sub-contract of whatever nature for the execution therefore or part thereof without the prior written consent of the other. 28.240.2. Should the Consultant apply to cede or assign the whole portion of the contract, the circumstances shall be reported to PRASA. PRASA shall be notified immediately of the Seller’s intention to cede and/or assign its business. The name(s) of the new company and its directors shall be furnished to PRASA together with any other information reasonably required by PRASA. 28.340.3. Under no circumstances shall it be taken for granted that XXXXX will approve of the session and/or assigning if PRASA has not been provided with all the relevant details. 28.440.4. The Consultant may sub-contract any of its obligations in terms of this Agreement to a third party, provided that:- 28.4.140.4.1. such sub-contracting shall not absolve the Consultant from the responsibility for complying with its obligations in terms of this Agreement and the Consultant hereby indemnifies and holds PRASA XXXXX harmless against any loss, harm or damage which PRASA may suffer as a result of such sub-contracting; 28.4.240.4.2. such sub-contracting shall not have the effect of diluting or circumventing the provisions of the Consultant Bid Submission and this Agreement; 28.4.340.4.3. the Consultant shall at all times remain the sole point of contact for PRASA in respect of the acquisition of services by PRASA; and 28.4.440.4.4. no such sub-contracting shall have any effect on the Tender Amount payable by PRASA to the Consultant in terms of this Agreement. 28.540.5. The Consultant shall during the term of this agreement not be allowed to proceed with any of the following matters prior to receiving written consent of XXXXX’s Chief Procurement Officer and Group Chief Executive Officer: 28.5.140.5.1. any transfer of any amount of shares of the Consultant; 28.5.240.5.2. any change in the composition of the Consultant; 28.5.340.5.3. any change in the ownership of the Consultant; 28.5.440.5.4. any material change in the constitution, memorandum, articles of association of similar document providing for the creation, formation or incorporation of the Consultant; or 28.5.540.5.5. any change on the BBBEE component of the Consultant 28.6. provided that the Consultant shall not require any approval and/or consent of the PRASA and/or XXXXX’s Chief Procurement Officer and Group Chief Executive Officer where any change as contemplated in clauses 28.5.1 to 28.5.5 any transfer of any amount of shares of the Consultant; to any change on the BBBEE component of the Consultant does not have impact of the BBBEE status of the Consultant.

CESSION OR DELEGATION AND SUBCONTRACTING. 28.140.1. Neither Party shall cede or delegate any right or obligation under this contract nor enter into any sub-contract of whatever nature for the execution therefore or part thereof without the prior written consent of the other. 28.240.2. Should the Consultant apply to cede or assign the whole portion of the contract, the circumstances shall be reported to PRASA. PRASA shall be notified immediately of the Seller’s intention to cede and/or assign its business. The name(s) of the new company and its directors shall be furnished to PRASA together with any other information reasonably required by PRASA. 28.340.3. Under no circumstances shall it be taken for granted that XXXXX PRASA will approve of the session and/or assigning if PRASA has not been provided with all the relevant details. 28.440.4. The Consultant may sub-contract any of its obligations in terms of this Agreement to a third party, provided that:- 28.4.140.4.1. such sub-contracting shall not absolve the Consultant from the responsibility for complying with its obligations in terms of this Agreement and the Consultant hereby indemnifies and holds PRASA harmless against any loss, harm or damage which PRASA may suffer as a result of such sub-contracting; 28.4.240.4.2. such sub-contracting shall not have the effect of diluting or circumventing the provisions of the Consultant Bid Submission and this Agreement; 28.4.340.4.3. the Consultant shall at all times remain the sole point of contact for PRASA in respect of the acquisition of services by PRASA; andand CONSULTANCY AGREEMENT 28.4.440.4.4. no such sub-contracting shall have any effect on the Tender Amount payable by PRASA to the Consultant in terms of this Agreement. 28.540.5. The Consultant shall during the term of this agreement not be allowed to proceed with any of the following matters prior to receiving written consent of XXXXXPRASA’s Chief Procurement Officer and Group Chief Executive Officer: 28.5.140.5.1. any transfer of any amount of shares of the Consultant; 28.5.240.5.2. any change in the composition of the Consultant; 28.5.340.5.3. any change in the ownership of the Consultant; 28.5.440.5.4. any material change in the constitution, memorandum, articles of association of similar document providing for the creation, formation or incorporation of the Consultant; or 28.5.540.5.5. any change on the BBBEE component of the Consultant 28.640.6. provided that the Consultant shall not require any approval and/or consent of the PRASA and/or XXXXXPRASA’s Chief Procurement Officer and Group Chief Executive Officer where any change as contemplated in clauses 28.5.1 40.5.1 to 28.5.5 40.5.5 any transfer of any amount of shares of the Consultant; to any change on the BBBEE component of the Consultant does not have impact of the BBBEE status of the Consultant.

CESSION OR DELEGATION AND SUBCONTRACTING. 28.130.1. Neither Party shall cede or delegate any right or obligation under this contract Agreement nor enter into any sub-contract of whatever nature for the execution therefore or part thereof without the prior written consent of the other. 28.230.2. Should the Consultant Contractor apply to cede or assign the whole portion of the this Agreement contract, the circumstances shall be reported to PRASA. PRASA shall be notified immediately of the SellerContractor’s intention to cede and/or assign its business. The name(s) name of the new company and company, its directors and the B-BBEE status shall be furnished to PRASA together with any other information reasonably required by PRASA. 28.330.3. Under no circumstances shall it be taken for granted that XXXXX PRASA will approve of the session cession and/or assigning if PRASA has not been provided with all the relevant detailsthis Agreement or part thereof. 28.430.4. The Consultant Contractor may sub-contract any of its obligations in terms of this Agreement to a third party, provided that:-that: 28.4.130.4.1. such sub-contracting shall not absolve the Consultant Contractor from the responsibility for complying with its obligations in terms of this Agreement and the Consultant Contractor hereby indemnifies and holds PRASA harmless against any loss, harm or damage which PRASA may suffer as a result of such sub-contracting; 28.4.230.4.2. such sub-contracting shall not have the effect of diluting or circumventing the provisions of the Consultant Contractor Bid Submission and this Agreement; 28.4.330.4.3. the Consultant Contractor shall at all times remain the sole point of contact for PRASA in respect of the acquisition rendering of services the Services by PRASA; and 28.4.430.4.4. no such sub-contracting shall have any effect on the Tender Amount payable by PRASA to the Consultant Contractor in terms of this Agreement. 28.530.5. The Consultant Contractor shall during the term of this agreement Agreement not be allowed to proceed with any of the following matters prior to receiving written consent of XXXXXPRASA’s Group Chief Procurement Officer and Group Chief Executive Officer: 28.5.130.5.1. any transfer of any amount of shares of the ConsultantContractor; 28.5.230.5.2. any change in the composition of the ConsultantContractor; 28.5.330.5.3. any change in the ownership of the ConsultantContractor; 28.5.430.5.4. any material change in the constitution, memorandum, articles memorandum of association of incorporation or similar document providing for the creation, formation or incorporation of the ConsultantContractor; or 28.5.530.5.5. any change on the BBBEE component B-BBEE Status of the ConsultantContractor 28.630.6. provided that the Consultant Contractor shall not require any approval and/or consent of the PRASA and/or XXXXXPRASA’s Chief Procurement Officer and Group Chief Executive Officer where any change as contemplated in clauses 28.5.1 to 28.5.5 any transfer of any amount of shares of the Consultant; to any change on the BBBEE component of the Consultant does not have impact of the BBBEE status of the Consultant.30.5.1 to

CESSION OR DELEGATION AND SUBCONTRACTING. 28.140.1. Neither Party shall cede or delegate any right or obligation under this contract nor enter into any sub-contract of whatever nature for the execution therefore or part thereof without the prior written consent of the other. 28.240.2. Should the Consultant apply to cede or assign the whole portion of the contract, the circumstances shall be reported to PRASA. PRASA shall be notified immediately of the Seller’s intention to cede and/or assign its business. The name(s) of the new company and its directors shall be furnished to PRASA together with any other information reasonably required by PRASA. 28.340.3. Under no circumstances shall it be taken for granted that XXXXX will approve of the session and/or assigning if PRASA has not been provided with all the relevant details. 28.440.4. The Consultant may sub-contract any of its obligations in terms of this Agreement to a third party, provided that:- 28.4.140.4.1. such sub-contracting shall not absolve the Consultant from the responsibility for complying with its obligations in terms of this Agreement and the Consultant hereby indemnifies and holds PRASA harmless against any loss, harm or damage which PRASA may suffer as a result of such sub-contracting; 28.4.240.4.2. such sub-contracting shall not have the effect of diluting or circumventing the provisions of the Consultant Bid Submission and this Agreement; 28.4.340.4.3. the Consultant shall at all times remain the sole point of contact for PRASA in respect of the acquisition of services by PRASA; and 28.4.440.4.4. no such sub-contracting shall have any effect on the Tender Amount payable by PRASA to the Consultant in terms of this Agreement. 28.540.5. The Consultant shall during the term of this agreement not be allowed to proceed with any of the following matters prior to receiving written consent of XXXXX’s Chief Procurement Officer and Group Chief Executive Officer: 28.5.140.5.1. any transfer of any amount of shares of the Consultant; 28.5.240.5.2. any change in the composition of the Consultant; 28.5.340.5.3. any change in the ownership of the Consultant; 28.5.440.5.4. any material change in the constitution, memorandum, articles of association of similar document providing for the creation, formation or incorporation of the Consultant; or 28.5.540.5.5. any change on the BBBEE component of the Consultant 28.640.6. provided that the Consultant shall not require any approval and/or consent of the PRASA and/or XXXXX’s Chief Procurement Officer and Group Chief Executive Officer where any change as contemplated in clauses 28.5.1 40.5.1 to 28.5.5 40.5.5 any transfer of any amount of shares of the Consultant; to any change on the BBBEE component of the Consultant does not have impact of the BBBEE status of the Consultant.