DELETERIOUS ELEMENTS Clause Samples

DELETERIOUS ELEMENTS. 10.1. The Customer shall notify the Refiner in advance of delivery if any Material proposed to be sent to the Refiner contains any of the deleterious elements referred to in this clause. The Customer shall regularly sample the Doré on site and send such sample to the Refiner on occasion to check the levels of deleterious elements in the sampled lot. The Refiner and Customer shall communicate to ensure that each lot has acceptable levels of deleterious elements before leaving the Mine. 10.2. Unless prior written agreement is given the Refiner may reject any Material containing in excess of the maximum limits of deleterious elements set out herein (defined, for each element, as the level just below the level that is “to be agreed prior to shipment”). The Refiner shall have no liability for such rejection. The Customer shall, at its expense, remove any rejected Material from the Refinery. 10.3. The Refiner may make additional charges as set out in Clause 10.4 if the free limit in respect of any element referred to below is exceeded. The Refiner will notify the Customer of such additional charges when the nature and proportion of any such element is determined. Charges will only be levied on melts that have exceeded these limits. 10.4. The elements, ranges, and related penalty amounts are: Bismuth 0 - less than 50 Free 50 — less than 200 0.04 200 — less than 1,000 0.06 1000 —less than 2,000 0.09 2,000 and above to be agreed prior to shipment Mercury 0 — less than 200 Free 200 — less than 500 0.10 500 — less than 750 0.20 750 and above to be agreed prior to shipment Tellurium 0 — less than 1,000 Free 1,000 — less than 5,000 0.06 5,000 and above to be agreed prior to shipment Cadmium 0 — less than 500 Free 500 — less than 1,000 0.06 1,000 — less than 2,500 0.10 2,500 and above to be agreed prior to shipment Tin 0 — less than 5,000 Free 5,000 — less than 10,000 0.06 10,000 and above to be agreed prior to shipment Arsenic 0 — less than 500 Free 500 — less than 1,000 0.06 1,000 — less than 2,500 0.10 2,500 and above to be agreed prior to shipment Lead 0 — less than 5,000 Free 5,000 — less than 10,000 0.06 10,000 — less than 20,000 0.08 20,000 and above to be agreed prior to shipment Selenium 0 — less than 10,000 Free 10,000 — less than 20,000 0.03 20,000 — less than 30,000 0.06 30,000 and above to be agreed prior to shipment Sulphur 0 — less than 10,000 Free 10,000 — less than 30,000 0.03 30,000 — less than 50,000 0.06 50,000 and above to be agreed prior to shipmen...

DELETERIOUS ELEMENTS. 7.1 The Material shall not contain any volatile organics or other combustibles or extraneous Material. 7.2 Should any of the elements as specified below exceed the maximum permitted levels, it must be notified and agreed between the parties prior to shipment. 7.3 Fees will apply for such deleterious elements, where the maximum permitted levels are exceeded. 7.4 Rand Refinery reserves the right to refuse acceptance of any product with deleterious elements it might not, in terms of its ISO14000 certification, be able to treat. 7.5 The presence of impurities that are deleterious to Rand Refinery’s processing facilities are listed below and should the material be outside of the agreed quality, Rand Refinery reserves the right to reject the Material or apply the following penalties: 24 | Page 7.6 The following additional treatment fees will be charged per kilogram for every element exceeding the permitted level: Iron (Fe) 1.00 R 1,282.00 Copper (Cu) 7.00 R 499.00 Zinc (Zn) 2.00 R 2,269.00 Lead (Pb) 1.00 R 2,523.00 Nickel (Ni) 0.50 R 1,282.00 Arsenic (As) 0.20 R 2,674.00 Cadmium (Cd) 0.20 R 2,674.00 Mercury (Hg) Not accepted

DELETERIOUS ELEMENTS. 10.1. The Customer shall notify the Refiner in advance of delivery if any Material proposed to be sent to the Refiner contains any of the deleterious elements referred to in this clause. The Customer shall regularly sample the Doré on site and send such sample to the Refiner on occasion to check the levels of deleterious elements in the sampled lot. The Refiner and Customer shall communicate to ensure that each lot has acceptable levels of deleterious elements before leaving the Mine. 10.2. Unless prior written agreement is given the Refiner may reject any Material containing in excess of the maximum limits of deleterious elements set out herein (defined, for each element, as the level just below the level that is “to be agreed prior to shipment”). The Refiner shall have no liability for such rejection. The Customer shall, at its expense, remove any rejected Material from the Refinery. 10.3. The Refiner may make additional charges as set out in Clause 10.4 if the free limit in respect of any element referred to below is exceeded. The Refiner will notify the Customer of such additional charges when the nature and proportion of any such element is determined. Charges will only be levied on melts that have exceeded these limits. 10.4. The elements, ranges, and related penalty amounts are: On no account can the Refiner accept Material that is radioactive or which contains Beryllium or is a hazardous waste, which, for purposes of this Section 10.4, shall be deemed to be contaminated with an unacceptable level of deleterious elements. Material that shows any signs of having been quenched in water to aid cooling may be subject to additional charges and/or rejection for safety reasons. The above restrictions are subject to adjustment at Refiner’s reasonable discretion and Refiner may reject, return and/or quarantine Material with properties that it deems constitute an exceptional safety or environmental risk.

DELETERIOUS ELEMENTS. 1The Customer shall notify the Refiner in advance of the Refiner’s commencement of processing of a Shipment if any Material sent to the Refiner contains any of the deleterious elements referred to in this clause 10, including any hazardous or toxic substance or hazardous waste. The Parties acknowledge that the Customer shall be deemed to have fulfilled this notification requirement if the Customer has provided Refiner a Balance Elements Report or a Balance Elements Sample, each as described in clause 3.4.

DELETERIOUS ELEMENTS. 9.1 The Depositor shall use all reasonable commercial endeavours to ensure that all Material delivered to Rand Refinery shall not contain Deleterious Elements and/or compounds, with levels higher than those set out in Annexure A to this Contract. 9.2 Should the Material contain any elements in excess of the specified maximum free levels and provided Rand Refinery will have consented in writing to proceed with the refining process of the Material, additional refining charges as set out in Annexure A shall apply and be recoverable by Rand Refinery, which shall become due and be payable by the Depositor.