Common use of PAYMENT TO SUB-CONTRACTORS Clause in Contracts

PAYMENT TO SUB-CONTRACTORS. 11.1 Transnet reserves the right, in its sole discretion, to make payment directly to the sub-contractor of the Supplier/Service Provider, subject to the following conditions: a) Receipt of an undisputed invoice from the sub-contractor; and b) Receipt of written confirmation from the Supplier/Service Provider that the amounts claimed by the sub-contractor are correct and that the services for which the sub- contractor has requested payment were rendered to the satisfaction of the Supplier/Service Provider, against the required standards. 11.2 Nothing contained in this clause must be interpreted as bestowing on any sub-contractor a right or legitimate expectation to be paid directly by Transnet. Furthermore, this clause does not bestow any right or legitimate expectation on the Supplier/Service provider to demand that Transnet pay its sub-contractor directly. The decision to pay any sub-contractor directly, remains that of Transnet alone. 11.3 The Supplier/Service Provider remains liable for its contractual obligations under the Agreement, including all services rendered by the sub-contractor. 11.4 This clause does not establish any contractual relationship between Transnet and any sub- contractor of the Supplier/Service Provider, whatsoever. 12 B-BBEE AND SOCIO-ECONOMIC OBLIGATIONS 12.1 B-BBEE Scorecard a) Transnet fully endorses and supports the Broad-Based Black Economic Empowerment Programme and is strongly of the opinion that all South African business enterprises have an equal obligation to redress the imbalances of the past. b) In response to this requirement, the Supplier/Service Provider shall submit to Transnet’s Contract Manager or such other designated person details of its B-BBEE status in terms of the latest Codes of Good Practice issued in terms of the B-BBEE Act and proof thereof at the beginning of March each year during the currency of this Agreement. c) The Supplier/Service Provider undertakes to notify and provide full details to Transnet in the event there is: (i) a change in the Supplier’s/Service Provider’s B-BBEE status which is less than what it was at the time of its appointment including the impact thereof; and (ii) a corporate or internal restructure or change in control of the Supplier/Service Provider which has or likely to impact negatively on the Supplier’s/ Service Provider’s B-BBEE status. d) Notwithstanding any other reporting requirement in terms hereof, the Supplier Service Provider undertakes to provide any B-BBEE data (underlying data relating to the Supplier /Service Provider which has been relied upon or utilised by a verification agency or auditor for the purposes of issuing a verification certificate in respect of the Supplier/Service Provider B-BBEE status) which Transnet may request on written notice within 30 (thirty) calendar days of such request. A failure to provide such data shall constitute a Supplier/ Service Provider Default and may be dealt with in accordance with the provisions of clause 23. e) In the event there is a change in the Supplier’s/ Service Provider’s B-BBEE status, then the provisions of clause 23 shall apply.

PAYMENT TO SUB-CONTRACTORS. 11.1 Transnet reserves the right, in its sole discretion, to make payment directly to the sub-contractor of the Supplier/Service Provider, subject to the following conditions: a) Receipt of an undisputed invoice from the sub-contractor; and b) Receipt of written confirmation from the Supplier/Service Provider that the amounts claimed by the sub-contractor are correct and that the services for which the sub- sub-contractor has requested payment were rendered to the satisfaction of the Supplier/Service Provider, against the required standards. 11.2 Nothing contained in this clause must be interpreted as bestowing on any sub-contractor a right or legitimate expectation to be paid directly by Transnet. Furthermore, this clause does not bestow any right or legitimate expectation on the Supplier/Service provider to demand that Transnet pay its sub-contractor directly. The decision to pay any sub-sub- contractor directly, remains that of Transnet alone. 11.3 The Supplier/Service Provider remains liable for its contractual obligations under the Agreement, including all services rendered by the sub-contractor. 11.4 This clause does not establish any contractual relationship between Transnet and any sub- sub-contractor of the Supplier/Service Provider, whatsoever. 12 B-BBEE AND SOCIO-ECONOMIC OBLIGATIONS 12.1 B-BBEE Scorecard a) Transnet fully endorses and supports the Broad-Based Black Economic Empowerment Programme and is strongly of the opinion that all South African business enterprises have an equal obligation to redress the imbalances of the past. b) In response to this requirement, the Supplier/Service Provider shall submit to Transnet’s Contract Manager or such other designated person details of its B-BBEE status in terms of the latest Codes of Good Practice issued in terms of the B-BBEE Act and proof thereof at the beginning of March each year during the currency of this Agreement. c) The Supplier/Service Provider undertakes to notify and provide full details to Transnet in the event there is: (i) a change in the Supplier’s/Service Provider’s B-BBEE status which is less than what it was at the time of its appointment including the impact thereof; and (ii) a corporate or internal restructure or change in control of the Supplier/Service Provider which has or likely to impact negatively on the Supplier’s/ Service Provider’s B-BBEE status. d) Notwithstanding any other reporting requirement in terms hereof, the Supplier Service Provider undertakes to provide any B-BBEE data (underlying data relating to the Supplier /Service Provider which has been relied upon or utilised by a verification agency or auditor for the purposes of issuing a verification certificate in respect of the Supplier/Service Provider B-BBEE status) which Transnet may request on written notice within 30 (thirty) calendar days of such request. A failure to provide such data shall constitute a Supplier/ Service Provider Default and may be dealt with in accordance with the provisions of clause 23. e) In the event there is a change in the Supplier’s/ Service Provider’s B-BBEE status, then the provisions of clause 23 shall apply.

PAYMENT TO SUB-CONTRACTORS. 11.1 Transnet reserves the right, in its sole discretion, to make payment directly to the sub-contractor of the Supplier/Service Provider, subject to the following conditions: a) Receipt of an undisputed invoice from the sub-contractor; and b) Receipt of written confirmation from the Supplier/Service Provider that the amounts claimed by the sub-contractor are correct and that the services for which the sub- contractor has requested payment were rendered to the satisfaction of the Supplier/Service Provider, against the required standards. 11.2 Nothing contained in this clause must be interpreted as bestowing on any sub-contractor a right or legitimate expectation to be paid directly by Transnet. Furthermore, this clause does not bestow any right or legitimate expectation on the Supplier/Service provider to demand that Transnet pay its sub-contractor directly. The decision to pay any sub-contractor directly, remains that of Transnet alone. 11.3 The Supplier/Service Provider remains liable for its contractual obligations under the Agreement, including all services rendered by the sub-contractor. 11.4 This clause does not establish any contractual relationship between Transnet and any sub- contractor of the Supplier/Service Provider, whatsoever. 12 B-BBEE AND SOCIO-ECONOMIC OBLIGATIONS 12.1 B-BBEE Scorecard a) Transnet fully endorses and supports the Broad-Based Black Economic Empowerment Programme and is strongly of the opinion that all South African business enterprises have an equal obligation to redress the imbalances of the past. b) In response to this requirement, the Supplier/Service Provider shall submit to Transnet’s Contract Manager or such other designated person details of its B-BBEE status in terms of the latest Codes of Good Practice issued in terms of the B-BBEE Act and proof thereof at the beginning of March each year during the currency of this Agreement. c) The Supplier/Service Provider undertakes to notify and provide full details to Transnet in the event there is: (i) a change in the Supplier’s/Service Provider’s B-BBEE status which is less than what it was at the time of its appointment including the impact thereof; and (ii) a corporate or internal restructure or change in control of the Supplier/Service Provider which has or likely to impact negatively on the Supplier’s/ Service Provider’s B-BBEE status. d) Notwithstanding any other reporting requirement in terms hereof, the Supplier Service Provider undertakes to provide any B-BBEE data (underlying data relating to the Supplier /Service Provider which has been relied upon or utilised by a verification agency or auditor for the purposes of issuing a verification certificate in respect of the Supplier/Service Provider B-BBEE status) which Transnet may request on written notice within 30 (thirty) calendar days of such request. A failure to provide such data shall constitute a Supplier/ Service Provider Default and may be dealt with in accordance with the provisions of clause 2324. e) In the event there is a change in the Supplier’s/ Service Provider’s B-BBEE status, then the provisions of clause 23 24 shall apply.

PAYMENT TO SUB-CONTRACTORS. 11.1 Transnet reserves the right, in its sole discretion, to make payment directly to the sub-contractor of the Supplier/Service Provider, subject to the following conditions: a) Receipt of an undisputed invoice from the sub-contractor; and b) Receipt of written confirmation from the Supplier/Service Provider that the amounts claimed by the sub-contractor are correct and that the services for which the sub- contractor has requested payment were rendered to the satisfaction of the Supplier/Service Provider, against the required standards. 11.2 Nothing contained in this clause must be interpreted as bestowing on any sub-contractor a right or legitimate expectation to be paid directly by Transnet. Furthermore, this clause does not bestow any right or legitimate expectation on the Supplier/Service provider to demand that Transnet pay its sub-contractor directly. The decision to pay any sub-contractor directly, remains that of Transnet alone. 11.3 The Supplier/Service Provider remains liable for its contractual obligations under the Agreement, including all services rendered by the sub-contractor. 11.4 This clause does not establish any contractual relationship between Transnet and any sub- contractor of the Supplier/Service Provider, whatsoever. 12 B-BBEE AND SOCIO-ECONOMIC OBLIGATIONS 12.1 B-BBEE Scorecard a) Transnet fully endorses and supports the Broad-Based Black Economic Empowerment Programme and is strongly of the opinion that all South African business enterprises have an equal obligation to redress the imbalances of the past. b) In response to this requirement, the Supplier/Service Provider shall submit to Transnet’s Contract Manager or such other designated person details of its B-BBEE status in terms of the latest Codes of Good Practice issued in terms of the B-BBEE Act and proof thereof at the beginning of March each year during the currency of this Agreement. c) The Supplier/Service Provider undertakes to notify and provide full details to Transnet in the event there is: (i) a change in the Supplier’s/Service Provider’s B-BBEE status which is less than what it was at the time of its appointment including the impact thereof; and (ii) a corporate or internal restructure or change in control of the Supplier/Service Provider which has or likely to impact negatively on the Supplier’s/ Service Provider’s B-BBEE status. d) Notwithstanding any other reporting requirement in terms hereof, the Supplier Service Provider undertakes to provide any B-BBEE data (underlying data relating to the Supplier /Service Provider which has been relied upon or utilised by a verification agency or auditor for the purposes of issuing a verification certificate in respect of the Supplier/Service Provider B-BBEE status) which Transnet may request on written notice within 30 (thirty) calendar days of such request. A failure to provide such data shall constitute a Supplier/ Service Provider Default and may be dealt with in accordance with the provisions of clause 2322. e) In the event there is a change in the Supplier’s/ Service Provider’s B-BBEE status, then the provisions of clause 23 22 shall apply.

PAYMENT TO SUB-CONTRACTORS. 11.1 Transnet reserves the right, in its sole discretion, to make payment directly to the sub-contractor of the Supplier/Service Provider, subject to the following conditions: a) Receipt of an undisputed invoice from the sub-contractor; and b) Receipt of written confirmation from the Supplier/Service Provider Supplier that the amounts claimed by the sub-sub- contractor are correct and that the services for which the sub- sub-contractor has requested payment were rendered to the satisfaction of the Supplier/Service Provider, against the required standards. 11.2 Nothing contained in this clause must be interpreted as bestowing on any sub-contractor a right or legitimate expectation to be paid directly by Transnet. Furthermore, this clause does not bestow any right or legitimate expectation on the Supplier/Service provider Supplier to demand that Transnet pay its sub-contractor directly. The decision to pay any sub-contractor directly, remains that of Transnet alone. 11.3 The Supplier/Service Provider Supplier remains liable for its contractual obligations under the Agreement, including all services rendered by the sub-contractor. 11.4 This clause does not establish any contractual relationship between Transnet and any sub- contractor of the Supplier/Service Provider, whatsoever. 12 B-BBEE AND SOCIO-ECONOMIC OBLIGATIONS 12.1 B-BBEE Scorecard a) Transnet fully endorses and supports the Broad-Based Black Economic Empowerment Programme and is strongly of the opinion that all South African business enterprises have an equal obligation to redress the imbalances of the past. b) In response to this requirement, the Supplier/Service Provider Supplier shall submit to Transnet’s Contract Manager or such other designated person details of its B-BBEE status in terms of the latest Codes of Good Practice issued in terms of the B-BBEE Act and proof thereof at the beginning of March each year during the currency of this Agreement. c) The Supplier/Service Provider Supplier undertakes to notify and provide full details to Transnet in the event there is: (i) a change in the Supplier’s/Service ProviderSupplier’s B-BBEE status which is less than what it was at the time of its appointment including the impact thereof; and (ii) a corporate or internal restructure or change in control of the Supplier/Service Provider Supplier which has or likely to impact negatively on the Supplier’s/ Service ProviderSupplier’s B-BBEE status. d) Notwithstanding any other reporting requirement in terms hereof, the Supplier Service Provider undertakes to provide any B-BBEE data (underlying data relating to the Supplier /Service Provider which has been relied upon or utilised by a verification agency or auditor for the purposes of issuing a verification certificate in respect of the Supplier/Service Provider Supplier B-BBEE status) which Transnet may request on written notice within 30 (thirty) calendar days of such request. A failure to provide such data shall constitute a Supplier/ Service Provider Supplier Default and may be dealt with in accordance with the provisions of clause 23. e) In the event there is a change in the Supplier’s/ Service ProviderSupplier’s B-BBEE status, then the provisions of clause 23 shall apply.

PAYMENT TO SUB-CONTRACTORS. 11.1 Transnet reserves the right, in its sole discretion, to make payment directly to the sub-contractor of the Supplier/Service Provider, subject to the following conditions: a) Receipt of an undisputed invoice from the sub-contractor; and b) Receipt of written confirmation from the Supplier/Service Provider that the amounts claimed by the sub-contractor are correct and that the services for which the sub- sub-contractor has requested payment were rendered to the satisfaction of the Supplier/Service Provider, against the required standards. 11.2 Nothing contained in this clause must be interpreted as bestowing on any sub-contractor a right or legitimate expectation to be paid directly by Transnet. Furthermore, this clause does not bestow any right or legitimate expectation on the Supplier/Service provider to demand that Transnet pay its sub-sub- contractor directly. The decision to pay any sub-contractor directly, remains that of Transnet alone. 11.3 The Supplier/Service Provider remains liable for its contractual obligations under the Agreement, including all services rendered by the sub-contractor. 11.4 This clause does not establish any contractual relationship between Transnet and any sub- sub-contractor of the Supplier/Service Provider, whatsoever. 12 B-BBEE AND SOCIO-ECONOMIC OBLIGATIONS 12.1 B-BBEE Scorecard a) Transnet fully endorses and supports the Broad-Based Black Economic Empowerment Programme and is strongly of the opinion that all South African business enterprises have an equal obligation to redress the imbalances of the past. b) In response to this requirement, the Supplier/Service Provider shall submit to Transnet’s Contract Manager or such other designated person details of its B-BBEE status in terms of the latest Codes of Good Practice issued in terms of the B-BBEE Act and proof thereof at the beginning of March each year during the currency of this Agreement. c) The Supplier/Service Provider undertakes to notify and provide full details to Transnet in the event there is: (i) a change in the Supplier’s/Service Provider’s B-BBEE status which is less than what it was at the time of its appointment including the impact thereof; and (ii) a corporate or internal restructure or change in control of the Supplier/Service Provider which has or likely to impact negatively on the Supplier’s/ Service Provider’s B-BBEE status. d) Notwithstanding any other reporting requirement in terms hereof, the Supplier Service Provider undertakes to provide any B-BBEE data (underlying data relating to the Supplier /Service Provider which has been relied upon or utilised by a verification agency or auditor for the purposes of issuing a verification certificate in respect of the Supplier/Service Provider B-BBEE status) which Transnet may request on written notice within 30 (thirty) calendar days of such request. A failure to provide such data shall constitute a Supplier/ Service Provider Default and may be dealt with in accordance with the provisions of clause 23259. e) In the event there is a change in the Supplier’s/ Service Provider’s B-BBEE status, then the provisions of clause 23 259 shall apply.

PAYMENT TO SUB-CONTRACTORS. 11.1 Transnet reserves the right, in its sole discretion, to make payment directly to the sub-contractor of the Supplier/Service Provider, subject to the following conditions: a) Receipt of an undisputed invoice from the sub-contractor; and b) Receipt of written confirmation from the Supplier/Service Provider Supplier that the amounts claimed by the sub-contractor are correct and that the services for which the sub- sub-contractor has requested payment were rendered to the satisfaction of the Supplier/Service Provider, against the required standards. 11.2 Nothing contained in this clause must be interpreted as bestowing on any sub-contractor a right or legitimate expectation to be paid directly by Transnet. Furthermore, this clause does not bestow any right or legitimate expectation on the Supplier/Service provider Supplier to demand that Transnet pay its sub-contractor directly. The decision to pay any sub-contractor directly, remains that of Transnet alone. 11.3 The Supplier/Service Provider Supplier remains liable for its contractual obligations under the Agreement, including all services rendered by the sub-contractor. 11.4 This clause does not establish any contractual relationship between Transnet and any sub- sub-contractor of the Supplier/Service Provider, whatsoever. 12 B-BBEE AND SOCIO-ECONOMIC OBLIGATIONS 12.1 B-BBEE Scorecard a) Transnet fully endorses and supports the Broad-Based Black Economic Empowerment Programme and is strongly of the opinion that all South African business enterprises have an equal obligation to redress the imbalances of the past. b) In response to this requirement, the Supplier/Service Provider Supplier shall submit to Transnet’s Contract Manager or such other designated person details of its B-BBEE status in terms of the latest Codes of Good Practice issued in terms of the B-BBEE Act and proof thereof at the beginning of March each year during the currency of this Agreement. c) The Supplier/Service Provider Supplier undertakes to notify and provide full details to Transnet in the event there is: (i) a change in the Supplier’s/Service ProviderSupplier’s B-BBEE status which is less than what it was at the time of its appointment including the impact thereof; and (ii) a corporate or internal restructure or change in control of the Supplier/Service Provider Supplier which has or likely to impact negatively on the Supplier’s/ Service ProviderSupplier’s B-BBEE status. d) Notwithstanding any other reporting requirement in terms hereof, the Supplier Service Provider undertakes to provide any B-BBEE data (underlying data relating to the Supplier /Service Provider which has been relied upon or utilised by a verification agency or auditor for the purposes of issuing a verification certificate in respect of the Supplier/Service Provider Supplier B-BBEE status) which Transnet may request on written notice within 30 thirty (thirty30) calendar days of such request. A failure to provide such data shall constitute a Supplier/ Service Provider Supplier Default and may be dealt with in accordance with the provisions of clause 23. e) In the event there is a change in the Supplier’s/ Service ProviderSupplier’s B-BBEE status, then the provisions of clause 23 shall apply.

PAYMENT TO SUB-CONTRACTORS. 11.1 Transnet reserves the right, in its sole discretion, to make payment directly to the sub-contractor of the Supplier/Service Provider, subject to the following conditions: a) Receipt of an undisputed invoice from the sub-contractor; and b) Receipt of written confirmation from the Supplier/Service Provider that the amounts claimed by the sub-contractor are correct and that the services for which the sub- sub-contractor has requested payment were rendered to the satisfaction of the Supplier/Service Provider, against the required standards. 11.2 Nothing contained in this clause must be interpreted as bestowing on any sub-contractor a right or legitimate expectation to be paid directly by Transnet. Furthermore, this clause does not bestow any right or legitimate expectation on the Supplier/Service provider to demand that Transnet pay its sub-sub- contractor directly. The decision to pay any sub-contractor directly, remains that of Transnet alone. 11.3 The Supplier/Service Provider remains liable for its contractual obligations under the Agreement, including all services rendered by the sub-contractor. 11.4 This clause does not establish any contractual relationship between Transnet and any sub- sub-contractor of the Supplier/Service Provider, whatsoever. 12 B-BBEE AND SOCIO-ECONOMIC OBLIGATIONS 12.1 B-BBEE Scorecard a) Transnet fully endorses and supports the Broad-Based Black Economic Empowerment Programme and is strongly of the opinion that all South African business enterprises have an equal obligation to redress the imbalances of the past. b) In response to this requirement, the Supplier/Service Provider shall submit to Transnet’s Contract Manager or such other designated person details of its B-BBEE status in terms of the latest Codes of Good Practice issued in terms of the B-BBEE Act and proof thereof at the beginning of March each year during the currency of this Agreement. c) The Supplier/Service Provider undertakes to notify and provide full details to Transnet in the event there is: (i) a change in the Supplier’s/Service Provider’s B-BBEE status which is less than what it was at the time of its appointment including the impact thereof; and (ii) a corporate or internal restructure or change in control of the Supplier/Service Provider which has or likely to impact negatively on the Supplier’s/ Service Provider’s B-BBEE status. d) Notwithstanding any other reporting requirement in terms hereof, the Supplier Service Provider undertakes to provide any B-BBEE data (underlying data relating to the Supplier /Service Provider which has been relied upon or utilised by a verification agency or auditor for the purposes of issuing a verification certificate in respect of the Supplier/Service Provider B-BBEE status) which Transnet may request on written notice within 30 (thirty) calendar days of such request. A failure to provide such data shall constitute a Supplier/ Service Provider Default and may be dealt with in accordance with the provisions of clause 23269. e) In the event there is a change in the Supplier’s/ Service Provider’s B-BBEE status, then the provisions of clause 23 269 shall apply.

PAYMENT TO SUB-CONTRACTORS. 11.1 Transnet reserves the right, in its sole discretion, to make payment directly to the sub-contractor of the Supplier/Service Provider, subject to the following conditions: a) Receipt of an undisputed invoice from the sub-contractor; and b) Receipt of written confirmation from the Supplier/Service Provider that the amounts claimed by the sub-contractor are correct and that the services for which the sub- sub-contractor has requested payment were rendered to the satisfaction of the Supplier/Service Provider, against the required standards. 11.2 Nothing contained in this clause must be interpreted as bestowing on any sub-contractor a right or legitimate expectation to be paid directly by Transnet. Furthermore, this clause does not bestow any right or legitimate expectation on the Supplier/Service provider to demand that Transnet pay its sub-contractor directly. The decision to pay any sub-sub- contractor directly, remains that of Transnet alone. 11.3 The Supplier/Service Provider remains liable for its contractual obligations under the Agreement, including all services rendered by the sub-contractor. 11.4 This clause does not establish any contractual relationship between Transnet and any sub- sub-contractor of the Supplier/Service Provider, whatsoever. 12 B-BBEE AND SOCIO-ECONOMIC OBLIGATIONS 12.1 B-BBEE Scorecard a) Transnet fully endorses and supports the Broad-Based Black Economic Empowerment Programme and is strongly of the opinion that all South African business enterprises have an equal obligation to redress the imbalances of the past. b) In response to this requirement, the Supplier/Service Provider shall submit to Transnet’s Contract Manager or such other designated person details of its B-BBEE status in terms of the latest Codes of Good Practice issued in terms of the B-BBEE Act and proof thereof at the beginning of March each year during the currency of this Agreement. c) The Supplier/Service Provider undertakes to notify and provide full details to Transnet in the event there is: (i) a change in the Supplier’s/Service Provider’s B-BBEE status which is less than what it was at the time of its appointment including the impact thereof; and (ii) a corporate or internal restructure or change in control of the Supplier/Service Provider which has or likely to impact negatively on the Supplier’s/ Service Provider’s B-BBEE status. d) Notwithstanding any other reporting requirement in terms hereof, the Supplier Service Provider undertakes to provide any B-BBEE data (underlying data relating to the Supplier /Service Provider which has been relied upon or utilised by a verification agency or auditor for the purposes of issuing a verification certificate in respect of the Supplier/Service Provider B-BBEE status) which Transnet may request on written notice within 30 (thirty) calendar days of such request. A failure to provide such data shall constitute a Supplier/ Service Provider Default and may be dealt with in accordance with the provisions of clause 2322. e) In the event there is a change in the Supplier’s/ Service Provider’s B-BBEE status, then the provisions of clause 23 22 shall apply.

PAYMENT TO SUB-CONTRACTORS. 11.1 12.1 Transnet reserves the right, in its sole discretion, to make payment directly to the sub-contractor of the Supplier/Service Provider, subject to the following conditions: a) Receipt of an undisputed invoice from the sub-contractor; and b) Receipt of written confirmation from the Supplier/Service Provider Supplier that the amounts claimed by the sub-contractor are correct and that the services for which the sub- sub-contractor has requested payment were rendered to the satisfaction of the Supplier/Service Provider, against the required standards. 11.2 12.2 Nothing contained in this clause must be interpreted as bestowing on any sub-contractor a right or legitimate expectation to be paid directly by Transnet. Furthermore, this clause does not bestow any right or legitimate expectation on the Supplier/Service provider Supplier to demand that Transnet pay its sub-contractor directly. The decision to pay any sub-contractor directly, remains that of Transnet alone. 11.3 12.3 The Supplier/Service Provider Supplier remains liable for its contractual obligations under the Agreement, including all services rendered by the sub-contractor. 11.4 12.4 This clause does not establish any contractual relationship between Transnet and any sub- sub-contractor of the Supplier/Service Provider, whatsoever. 12 13 B-BBEE AND SOCIO-ECONOMIC OBLIGATIONS 12.1 13.1 B-BBEE Scorecard a) Transnet fully endorses and supports the Broad-Based Black Economic Empowerment Programme and is strongly of the opinion that all South African business enterprises have an equal obligation to redress the imbalances of the past. b) In response to this requirement, the Supplier/Service Provider Supplier shall submit to Transnet’s Contract Manager or such other designated person details of its B-BBEE status in terms of the latest Codes of Good Practice issued in terms of the B-BBEE Act and proof thereof at the beginning of March each year during the currency of this Agreement. c) The Supplier/Service Provider Supplier undertakes to notify and provide full details to Transnet in the event there is: (i) a change in the Supplier’s/Service Provider’s B-BBEE status which is less than what it was at the time of its appointment including the impact thereof; and (ii) a corporate or internal restructure or change in control of the Supplier/Service Provider Supplier which has or likely to impact negatively on the Supplier’s/ Service Provider’s B-BBEE status. d) Notwithstanding any other reporting requirement in terms hereof, the Supplier Service Provider undertakes to provide any B-BBEE data (underlying data relating to the Supplier /Service Provider which has been relied upon or utilised by a verification agency or auditor for the purposes of issuing a verification certificate in respect of the Supplier/Service Provider Supplier B-BBEE status) which Transnet may request on written notice within 30 (thirty) calendar days of such request. A failure to provide such data shall constitute a Supplier/ Service Provider Default and may be dealt with in accordance with the provisions of clause 2326. e) In the event there is a change in the Supplier’s/ Service Provider’s B-BBEE status, then the provisions of clause 23 26 shall apply.

PAYMENT TO SUB-CONTRACTORS. 11.1 Transnet reserves the right, in its sole discretion, to make payment directly to the sub-contractor of the Supplier/Service Provider, subject to the following conditions: a) Receipt of an undisputed invoice from the sub-contractor; and b) Receipt of written confirmation from the Supplier/Service Provider that the amounts claimed by the sub-contractor are correct and that the services for which the sub- contractor has requested payment were rendered to the satisfaction of the Supplier/Service Provider, against the required standards. 11.2 Nothing contained in this clause must be interpreted as bestowing on any sub-contractor a right or legitimate expectation to be paid directly by Transnet. Furthermore, this clause does not bestow any right or legitimate expectation on the Supplier/Service provider to demand that Transnet pay its sub-contractor directly. The decision to pay any sub-sub- contractor directly, remains that of Transnet alone. 11.3 The Supplier/Service Provider remains liable for its contractual obligations under the Agreement, including all services rendered by the sub-contractor. 11.4 This clause does not establish any contractual relationship between Transnet and any sub- sub-contractor of the Supplier/Service Provider, whatsoever. 12 B-BBEE AND SOCIO-ECONOMIC OBLIGATIONS 12.1 B-BBEE Scorecard a) Transnet fully endorses and supports the Broad-Based Black Economic Empowerment Programme and is strongly of the opinion that all South African business enterprises have an equal obligation to redress the imbalances of the past. b) In response to this requirement, the Supplier/Service Provider shall submit to Transnet’s Contract Manager or such other designated person details of its B-BBEE status in terms of the latest Codes of Good Practice issued in terms of the B-BBEE Act and proof thereof at the beginning of March each year during the currency of this Agreement. c) The Supplier/Service Provider undertakes to notify and provide full details to Transnet in the event there is: (i) a change in the Supplier’s/Service Provider’s B-BBEE status which is less than what it was at the time of its appointment including the impact thereof; and (ii) a corporate or internal restructure or change in control of the Supplier/Service Provider which has or likely to impact negatively on the Supplier’s/ Service Provider’s B-BBEE status. d) Notwithstanding any other reporting requirement in terms hereof, the Supplier Service Provider undertakes to provide any B-BBEE data (underlying data relating to the Supplier /Service Provider which has been relied upon or utilised by a verification agency or auditor for the purposes of issuing a verification certificate in respect of the Supplier/Service Provider B-BBEE status) which Transnet may request on written notice within 30 (thirty) calendar days of such request. A failure to provide such data shall constitute a Supplier/ Service Provider Default and may be dealt with in accordance with the provisions of clause 23. e) In the event there is a change in the Supplier’s/ Service Provider’s B-BBEE status, then the provisions of clause 23 shall apply.

PAYMENT TO SUB-CONTRACTORS. 11.1 Transnet reserves the right, in its sole discretion, to make payment directly to the sub-contractor of the Supplier/Service Provider, subject to the following conditions: a) Receipt of an undisputed invoice from the sub-contractor; and b) Receipt of written confirmation from the Supplier/Service Supplier Provider that the amounts claimed by the sub-contractor are correct and that the services for which the sub- sub-contractor has requested payment were rendered to the satisfaction of the Supplier/Service Provider, against the required standards. 11.2 Nothing contained in this clause must be interpreted as bestowing on any sub-contractor a right or legitimate expectation to be paid directly by Transnet. Furthermore, this clause does not bestow any right or legitimate expectation on the Supplier/Service provider Supplier to demand that Transnet pay its sub-contractor directly. The decision to pay any sub-contractor directly, remains that of Transnet alone. 11.3 The Supplier/Service Provider Supplier remains liable for its contractual obligations under the Agreement, including all services rendered by the sub-contractor. 11.4 This clause does not establish any contractual relationship between Transnet and any sub- sub-contractor of the Supplier/Service Provider, whatsoever. 12 B-BBEE AND SOCIO-ECONOMIC OBLIGATIONS 12.1 B-BBEE Scorecard a) Transnet fully endorses and supports the Broad-Based Black Economic Empowerment Programme and is strongly of the opinion that all South African business enterprises have an equal obligation to redress the imbalances of the past. b) In response to this requirement, the Supplier/Service Provider Supplier shall submit to Transnet’s Contract Manager or such other designated person details of its B-BBEE status in terms of the latest Codes of Good Practice issued in terms of the B-BBEE Act and proof thereof at the beginning of March each year during the currency of this Agreement. c) The Supplier/Service Provider undertakes to notify and provide full details to Transnet in the event there is: (i) a change in the Supplier’s/Service Provider’s B-BBEE status which is less than what it was at the time of its appointment including the impact thereof; and (ii) a corporate or internal restructure or change in control of the Supplier/Service Provider Supplier which has or likely to impact negatively on the Supplier’s/ Service Provider’s B-BBEE status. d) Notwithstanding any other reporting requirement in terms hereof, the Supplier Service Provider undertakes to provide any B-BBEE data (underlying data relating to the Supplier /Service Provider which has been relied upon or utilised by a verification agency or auditor for the purposes of issuing a verification certificate in respect of the Supplier/Service Provider B-BBEE status) which Transnet may request on written notice within 30 (thirty) calendar days of such request. A failure to provide such data shall constitute a Supplier/ Service Provider Default and may be dealt with in accordance with the provisions of clause 23239. e) In the event there is a change in the Supplier’s/ Service Provider’s B-BBEE status, then the provisions of clause 23 239 shall apply.

PAYMENT TO SUB-CONTRACTORS. 11.1 12.1 Transnet reserves the right, in its sole discretion, to make payment directly to the sub-contractor of the Supplier/Service Provider, subject to the following conditions: a) Receipt of an undisputed invoice from the sub-contractor; and b) Receipt of written confirmation from the Supplier/Service Provider that the amounts claimed by the sub-contractor are correct and that the services for which the sub- sub-contractor has requested payment were rendered to the satisfaction of the Supplier/Service Provider, against the required standards. 11.2 12.2 Nothing contained in this clause must be interpreted as bestowing on any sub-contractor a right or legitimate expectation to be paid directly by Transnet. Furthermore, this clause does not bestow any right or legitimate expectation on the Supplier/Service provider Provider to demand that Transnet pay its sub-contractor directly. The decision to pay any sub-contractor directly, remains that of Transnet alone. 11.3 12.3 The Supplier/Service Provider remains liable for its contractual obligations under the Agreement, including all services rendered by the sub-contractor. 11.4 12.4 This clause does not establish any contractual relationship between Transnet and any sub- sub-contractor of the Supplier/Service Provider, whatsoever. 12 13 B-BBEE AND SOCIO-ECONOMIC OBLIGATIONS 12.1 13.1 B-BBEE Scorecard a) Transnet fully endorses and supports the Broad-Based Black Economic Empowerment Programme and is strongly of the opinion that all South African business enterprises have an equal obligation to redress the imbalances of the past. b) In response to this requirement, the Supplier/Service Provider shall submit to Transnet’s Contract Manager or such other designated person details of its B-BBEE status in terms of the latest Codes of Good Practice issued in terms of the B-BBEE Act and proof thereof at the beginning of March each year during the currency of this Agreement. c) The Supplier/Service Provider undertakes to notify and provide full details to Transnet in the event there is: (i) a change in the Supplier’s/Service Provider’s B-BBEE status which is less than what it was at the time of its appointment including the impact thereof; and (ii) a corporate or internal restructure or change in control of the Supplier/Service Provider which has or likely to impact negatively on the Supplier’s/ Service Provider’s B-BBEE status. d) Notwithstanding any other reporting requirement in terms hereof, the Supplier Service Provider undertakes to provide any B-BBEE data (underlying data relating to the Supplier /Service Service Provider which has been relied upon or utilised by a verification agency or auditor for the purposes of issuing a verification certificate in respect of the Supplier/Service Provider B-BBEE status) which Transnet may request on written notice within 30 (thirty) calendar days of such request. A failure to provide such data shall constitute a Supplier/ Service Provider Default and may be dealt with in accordance with the provisions of clause 23. e) In the event there is a change in the Supplier’s/ Service Provider’s B-BBEE status, then the provisions of clause 23 shall apply.

PAYMENT TO SUB-CONTRACTORS. 11.1 12.1 Transnet reserves the right, in its sole discretion, to make payment directly to the sub-contractor of the Supplier/Service Provider, subject to the following conditions: a) Receipt of an undisputed invoice from the sub-contractor; and b) Receipt of written confirmation from the Supplier/Service Provider that the amounts claimed by the sub-contractor are correct and that the services for which the sub- sub-contractor has requested payment were rendered to the satisfaction of the Supplier/Service Provider, against the required standards. 11.2 12.2 Nothing contained in this clause must be interpreted as bestowing on any sub-contractor a right or legitimate expectation to be paid directly by Transnet. Furthermore, this clause does not bestow any right or legitimate expectation on the Supplier/Service provider to demand that Transnet pay its sub-sub- contractor directly. The decision to pay any sub-contractor directly, remains that of Transnet alone. 11.3 12.3 The Supplier/Service Provider remains liable for its contractual obligations under the Agreement, including all services rendered by the sub-contractor. 11.4 12.4 This clause does not establish any contractual relationship between Transnet and any sub- contractor of the Supplier/Service Provider, whatsoever. 12 13 B-BBEE AND SOCIO-ECONOMIC OBLIGATIONS 12.1 13.1 B-BBEE Scorecard a) Transnet fully endorses and supports the Broad-Based Black Economic Empowerment Programme and is strongly of the opinion that all South African business enterprises have an equal obligation to redress the imbalances of the past. b) In response to this requirement, the Supplier/Service Provider shall submit to Transnet’s Contract Manager or such other designated person details of its B-BBEE status in terms of the latest Codes of Good Practice issued in terms of the B-BBEE Act and proof thereof at the beginning of March each year during the currency of this Agreement. c) The Supplier/Service Provider undertakes to notify and provide full details to Transnet in the event there is: (i) a change in the Supplier’s/Service Provider’s B-BBEE status which is less than what it was at the time of its appointment including the impact thereof; and (ii) a corporate or internal restructure or change in control of the Supplier/Service Provider which has or likely to impact negatively on the Supplier’s/ Service Provider’s B-BBEE status. d) Notwithstanding any other reporting requirement in terms hereof, the Supplier Service Provider undertakes to provide any B-BBEE data (underlying data relating to the Supplier /Service Provider which has been relied upon or utilised by a verification agency or auditor for the purposes of issuing a verification certificate in respect of the Supplier/Service Provider B-BBEE status) which Transnet may request on written notice within 30 (thirty) calendar days of such request. A failure to provide such data shall constitute a Supplier/ Service Provider Default and may be dealt with in accordance with the provisions of clause 23. e) In the event there is a change in the Supplier’s/ Service Provider’s B-BBEE status, then the provisions of clause 23 shall apply.

PAYMENT TO SUB-CONTRACTORS. 11.1 Transnet reserves the right, in its sole discretion, to make payment directly to the sub-contractor of the Supplier/Service Provider, subject to the following conditions: a) Receipt of an undisputed invoice from the sub-contractor; and b) Receipt of written confirmation from the Supplier/Service Provider Supplier that the amounts claimed by the sub-sub- contractor are correct and that the services for which the sub- sub-contractor has requested payment were rendered to the satisfaction of the Supplier/Service Provider, against the required standards. 11.2 Nothing contained in this clause must be interpreted as bestowing on any sub-contractor a right or legitimate expectation to be paid directly by Transnet. Furthermore, this clause does not bestow any right or legitimate expectation on the Supplier/Service provider to demand that Transnet pay its sub-contractor directly. The decision to pay any sub-contractor directly, remains that of Transnet alone. 11.3 The Supplier/Service Provider Supplier remains liable for its contractual obligations under the Agreement, including all services rendered by the sub-contractor. 11.4 This clause does not establish any contractual relationship between Transnet and any sub- contractor of the Supplier/Service Provider, whatsoever. 12 B-BBEE AND SOCIO-ECONOMIC OBLIGATIONS 12.1 B-BBEE Scorecard a) Transnet fully endorses and supports the Broad-Based Black Economic Empowerment Programme and is strongly of the opinion that all South African business enterprises have an equal obligation to redress the imbalances of the past. b) In response to this requirement, the Supplier/Service Provider shall submit to Transnet’s Contract Manager or such other designated person details of its B-BBEE status in terms of the latest Codes of Good Practice issued in terms of the B-BBEE Act and proof thereof at the beginning of March each year during the currency of this Agreement. c) The Supplier/Service Provider undertakes to notify and provide full details to Transnet in the event there is: (i) a change in the Supplier’s/Service ProviderSupplier’s B-BBEE status which is less than what it was at the time of its appointment including the impact thereof; and (ii) a corporate or internal restructure or change in control of the Supplier/Service Provider which has or likely to impact negatively on the Supplier’s/ Service Provider’s B-BBEE status. d) Notwithstanding any other reporting requirement in terms hereof, the Supplier Service Provider undertakes to provide any B-BBEE data (underlying data relating to the Supplier /Service Provider which has been relied upon or utilised by a verification agency or auditor for the purposes of issuing a verification certificate in respect of the Supplier/Service Provider B-BBEE status) which Transnet may request on written notice within 30 (thirty) calendar days of such request. A failure to provide such data shall constitute a Supplier/ Service Provider Default and may be dealt with in accordance with the provisions of clause 23. e) In the event there is a change in the Supplier’s/ Service Provider’s B-BBEE status, then the provisions of clause 23 shall apply.

PAYMENT TO SUB-CONTRACTORS. 11.1 16.1 Transnet reserves the right, in its sole discretion, to make payment directly to the sub-sub- contractor of the Supplier/Service Provider, subject to the following conditions: a) Receipt of an undisputed invoice from the sub-contractor; and b) Receipt of written confirmation from the Supplier/Service Provider that the amounts claimed by the sub-contractor are correct and that the services for which the sub- contractor has requested payment were rendered to the satisfaction of the Supplier/Service Provider, against the required standards. 11.2 16.2 Nothing contained in this clause must be interpreted as bestowing on any sub-contractor a right or legitimate expectation to be paid directly by Transnet. Furthermore, this clause does not bestow any right or legitimate expectation on the Supplier/Service provider to demand that Transnet pay its sub-contractor directly. The decision to pay any sub-sub- contractor directly, remains that of Transnet alone. 11.3 16.3 The Supplier/Service Provider remains liable for its contractual obligations under the Agreement, including all services rendered by the sub-contractor. 11.4 16.4 This clause does not establish any contractual relationship between Transnet and any sub- sub-contractor of the Supplier/Service Provider, whatsoever. 17.1 The Service Provider is not allowed to cede its rights for payment in terms of this Agreement without prior written approval from Transnet. 12 B-BBEE AND SOCIO-ECONOMIC OBLIGATIONS 12.1 B-BBEE ScorecardCession shall only be applicable as follows: a) Transnet fully endorses and supports Cession must only be applicable to the Broad-Based Black Economic Empowerment Programme and is strongly transfer of the opinion that all South African business enterprises have right to payment for services delivered/rendered by a Service Provider to an equal obligation to redress the imbalances of the past.FSP or State Institutions; b) In response to this requirement, The written request for cession must be by the Supplier/Service Provider shall submit to Transnet’s Contract Manager or such other designated person details of its B-BBEE status in terms of the latest Codes of Good Practice issued in terms of the B-BBEE Act and proof thereof at the beginning of March each year during the currency of this Agreement.not a third party; and c) The Supplier/written request by the Service Provider undertakes must be accompanied by the cession agreement. 17.2 The Service Provider is prohibited from transferring its rights and obligations to notify and provide full details to Transnet in perform under this contract. Assignments are against the event there is: (i) a change in the Supplier’s/Service Provider’s B-BBEE status which is less than what it was at the time principles of its appointment including the impact thereof; and (ii) a corporate or internal restructure or change in control section 217 of the Supplier/Service Provider which has or likely to impact negatively on the Supplier’s/ Service Provider’s B-BBEE statusConstitution mainly, fairness, transparency and competitiveness. d) Notwithstanding any other reporting requirement in terms hereof, the Supplier Service Provider undertakes to provide any B-BBEE data (underlying data relating to the Supplier /Service Provider which has been relied upon or utilised by a verification agency or auditor for the purposes of issuing a verification certificate in respect of the Supplier/Service Provider B-BBEE status) which Transnet may request on written notice within 30 (thirty) calendar days of such request. A failure to provide such data shall constitute a Supplier/ Service Provider Default and may be dealt with in accordance with the provisions of clause 23. e) In the event there is a change in the Supplier’s/ Service Provider’s B-BBEE status, then the provisions of clause 23 shall apply.

PAYMENT TO SUB-CONTRACTORS. 11.1 Transnet reserves the right, in its sole discretion, to make payment directly to the sub-contractor of the Supplier/Service Provider, subject to the following conditions: a) : Receipt of an undisputed invoice from the sub-contractor; and b) and Receipt of written confirmation from the Supplier/Service Provider that the amounts claimed by the sub-sub- contractor are correct and that the services for which the sub- sub-contractor has requested payment were rendered to the satisfaction of the Supplier/Service Provider, against the required standards. 11.2 . Nothing contained in this clause must be interpreted as bestowing on any sub-contractor a right or legitimate expectation to be paid directly by Transnet. Furthermore, this clause does not bestow any right or legitimate expectation on the Supplier/Service provider to demand that Transnet pay its sub-contractor directly. The decision to pay any sub-contractor directly, remains that of Transnet alone. 11.3 . The Supplier/Service Provider remains liable for its contractual obligations under the Agreement, including all services rendered by the sub-contractor. 11.4 . This clause does not establish any contractual relationship between Transnet and any sub- contractor of the Supplier/Service Provider, whatsoever. 12 B-BBEE AND SOCIO-ECONOMIC OBLIGATIONS 12.1 B-BBEE Scorecard a) OBLIGATIONS Transnet fully endorses and supports the Broad-Based Black Economic Empowerment Programme and is strongly of the opinion that all South African business enterprises have an equal obligation to redress the imbalances of the past. b) . In response to this requirement, the Supplier/Service Provider shall submit to Transnet’s Contract Manager or such other designated person details of its B-BBEE status in terms of the latest Codes of Good Practice issued in terms of the B-BBEE Act and proof thereof at the beginning of March each year during the currency of this Agreement. c) . The Supplier/Service Provider undertakes to notify and provide full details to Transnet in the event there is: (i) : a change in the Supplier’s/Service Provider’s B-B- BBEE status which is less than what it was at the time of its appointment including the impact thereof; and (ii) and a corporate or internal restructure or change in control of the Supplier/Service Provider which has or likely to impact negatively on the Supplier’s/ Service Provider’s B-BBEE status. d) . Notwithstanding any other reporting requirement in terms hereof, the Supplier Service Provider undertakes to provide any B-BBEE data (underlying data relating to the Supplier /Service Provider which has been relied upon or utilised by a verification agency or auditor for the purposes of issuing a verification certificate in respect of the Supplier/Service Provider B-BBEE status) which Transnet may request on written notice within 30 (thirty) calendar days of such request. A failure to provide such data shall constitute a Supplier/ Service Provider Default and may be dealt with in accordance with the provisions of clause 23. e) 0. In the event there is a change in the Supplier’s/ Service Provider’s B-BBEE status, then the provisions of clause 23 0 shall apply.

PAYMENT TO SUB-CONTRACTORS. 11.1 12.1 Transnet reserves the right, in its sole discretion, to make payment directly to the sub-sub- contractor of the Supplier/Service Provider, subject to the following conditions: a) Receipt of an undisputed invoice from the sub-contractor; and b) Receipt of written confirmation from the Supplier/Service Provider that the amounts claimed by the sub-contractor are correct and that the services for which the sub- sub-contractor has requested payment were rendered to the satisfaction of the Supplier/Service Provider, against the required standards. 11.2 12.2 Nothing contained in this clause must be interpreted as bestowing on any sub-contractor a right or legitimate expectation to be paid directly by Transnet. Furthermore, this clause does not bestow any right or legitimate expectation on the Supplier/Service provider to demand that Transnet pay its sub-contractor directly. The decision to pay any sub-contractor directly, remains that of Transnet alone. 11.3 12.3 The Supplier/Service Provider remains liable for its contractual obligations under the Agreement, including all services rendered by the sub-contractor. 11.4 12.4 This clause does not establish any contractual relationship between Transnet and any sub- sub-contractor of the Supplier/Service Provider, whatsoever. 12 13 B-BBEE AND SOCIO-ECONOMIC OBLIGATIONS 12.1 13.1 B-BBEE Scorecard a) Transnet fully endorses and supports the Broad-Based Black Economic Empowerment Programme and is strongly of the opinion that all South African business enterprises have an equal obligation to redress the imbalances of the past. b) In response to this requirement, the Supplier/Service Provider shall submit to Transnet’s Contract Manager or such other designated person details of its B-BBEE status in terms of the latest Codes of Good Practice issued in terms of the B-BBEE Act and proof thereof at the beginning of March each year during the currency of this Agreement. c) The Supplier/Service Provider undertakes to notify and provide full details to Transnet in the event there is: (i) a change in the Supplier’s/Service Provider’s B-BBEE status which is less than what it was at the time of its appointment including the impact thereof; and (ii) a corporate or internal restructure or change in control of the Supplier/Service Provider which has or likely to impact negatively on the Supplier’s/ Service Provider’s B-BBEE status. d) Notwithstanding any other reporting requirement in terms hereof, the Supplier Service Provider undertakes to provide any B-BBEE data (underlying data relating to the Supplier /Service Service Provider which has been relied upon or utilised by a verification agency or auditor for the purposes of issuing a verification certificate in respect of the Supplier/Service Provider B-BBEE status) which Transnet may request on written notice within 30 (thirty) calendar days of such request. A failure to provide such data shall constitute a Supplier/ Service Provider Default and may be dealt with in accordance with the provisions of clause 23. e) In the event there is a change in the Supplier’s/ Service Provider’s B-BBEE status, then the provisions of clause 23 shall apply.

PAYMENT TO SUB-CONTRACTORS. 11.1 12.1 Transnet reserves the right, in its sole discretion, to make payment directly to the sub-contractor of the Supplier/Service Provider, subject to the following conditions: a) Receipt of an undisputed invoice from the sub-contractor; and b) Receipt of written confirmation from the Supplier/Service Provider that the amounts claimed by the sub-contractor are correct and that the services for which the sub- sub-contractor has requested payment were rendered to the satisfaction of the Supplier/Service Provider, against the required standards. 11.2 12.2 Nothing contained in this clause must be interpreted as bestowing on any sub-contractor a right or legitimate expectation to be paid directly by Transnet. Furthermore, this clause does not bestow any right or legitimate expectation on the Supplier/Service provider to demand that Transnet pay its sub-sub- contractor directly. The decision to pay any sub-contractor directly, remains that of Transnet alone. 11.3 12.3 The Supplier/Service Provider remains liable for its contractual obligations under the Agreement, including all services rendered by the sub-contractor. 11.4 12.4 This clause does not establish any contractual relationship between Transnet and any sub- contractor of the Supplier/Service Provider, whatsoever. 12 13 B-BBEE AND SOCIO-ECONOMIC OBLIGATIONS 12.1 13.1 B-BBEE Scorecard a) Transnet fully endorses and supports the Broad-Based Black Economic Empowerment Programme and is strongly of the opinion that all South African business enterprises have an equal obligation to redress the imbalances of the past. b) In response to this requirement, the Supplier/Service Provider shall submit to Transnet’s Contract Manager or such other designated person details of its B-BBEE status in terms of the latest Codes of Good Practice issued in terms of the B-BBEE Act and proof thereof at the beginning of March each year during the currency of this Agreement. c) The Supplier/Service Provider undertakes to notify and provide full details to Transnet in the event there is: (i) a change in the Supplier’s/Service Provider’s B-BBEE status which is less than what it was at the time of its appointment including the impact thereof; and (ii) a corporate or internal restructure or change in control of the Supplier/Service Provider which has or likely to impact negatively on the Supplier’s/ Service Provider’s B-BBEE status. d) Notwithstanding any other reporting requirement in terms hereof, the Supplier Service Provider undertakes to provide any B-BBEE data (underlying data relating to the Supplier /Service Service Provider which has been relied upon or utilised by a verification agency or auditor for the purposes of issuing a verification certificate in respect of the Supplier/Service Provider B-BBEE status) which Transnet may request on written notice within 30 (thirty) calendar days of such request. A failure to provide such data shall constitute a Supplier/ Service Provider Default and may be dealt with in accordance with the provisions of clause 2322. e) In the event there is a change in the Supplier’s/ Service Provider’s B-BBEE status, then the provisions of clause 23 22 shall apply.

PAYMENT TO SUB-CONTRACTORS. 11.1 Transnet reserves the right, in its sole discretion, to make payment directly to the sub-sub- contractor of the Supplier/Service Provider, subject to the following conditions: a) Receipt of an undisputed invoice from the sub-contractor; and b) Receipt of written confirmation from the Supplier/Service Provider Supplier that the amounts claimed by the sub-sub- contractor are correct and that the services for which the sub- sub-contractor has requested payment were rendered to the satisfaction of the Supplier/Service Provider, against the required standards. 11.2 Nothing contained in this clause must be interpreted as bestowing on any sub-contractor a right or legitimate expectation to be paid directly by Transnet. Furthermore, this clause does not bestow any right or legitimate expectation on the Supplier/Service provider Supplier to demand that Transnet pay its sub-contractor directly. The decision to pay any sub-contractor directly, remains that of Transnet alone. 11.3 The Supplier/Service Provider Supplier remains liable for its contractual obligations under the Agreement, including all services rendered by the sub-contractor. 11.4 This clause does not establish any contractual relationship between Transnet and any sub- contractor of the Supplier/Service Provider, whatsoever. 12 B-BBEE AND SOCIO-ECONOMIC OBLIGATIONS 12.1 B-BBEE Scorecard a) Transnet fully endorses and supports the Broad-Based Black Economic Empowerment Programme and is strongly of the opinion that all South African business enterprises have an equal obligation to redress the imbalances of the past. b) In response to this requirement, the Supplier/Service Provider Supplier shall submit to Transnet’s Contract Manager or such other designated person details of its B-BBEE status in terms of the latest Codes of Good Practice issued in terms of the B-BBEE Act and proof thereof at the beginning of March each year during the currency of this Agreement. c) The Supplier/Service Provider Supplier undertakes to notify and provide full details to Transnet in the event there is: (i) a change in the Supplier’s/Service Provider’s B-BBEE status which is less than what it was at the time of its appointment including the impact thereof; and (ii) a corporate or internal restructure or change in control of the Supplier/Service Provider Supplier which has or likely to impact negatively on the Supplier’s/ Service Provider’s B-BBEE status. d) Notwithstanding any other reporting requirement in terms hereof, the Supplier Service Provider undertakes to provide any B-BBEE data (underlying data relating to the Supplier /Service Provider which has been relied upon or utilised by a verification agency or auditor for the purposes of issuing a verification certificate in respect of the Supplier/Service Provider Supplier B-BBEE status) which Transnet may request on written notice within 30 (thirty) calendar days of such request. A failure to provide such data shall constitute a Supplier/ Service Provider Default and may be dealt with in accordance with the provisions of clause 23. e) In the event there is a change in the Supplier’s/ Service Provider’s B-BBEE status, then the provisions of clause 23 shall apply.

PAYMENT TO SUB-CONTRACTORS. 11.1 12.1 Transnet reserves the right, in its sole discretion, to make payment directly to the sub-contractor of the Supplier/Service Provider, subject to the following conditions: a) Receipt of an undisputed invoice from the sub-contractor; and b) Receipt of written confirmation from the Supplier/Service Provider that the amounts claimed by the sub-contractor are correct and that the services for which the sub- sub-contractor has requested payment were rendered to the satisfaction of the Supplier/Service Provider, against the required standards. 11.2 12.2 Nothing contained in this clause must be interpreted as bestowing on any sub-contractor a right or legitimate expectation to be paid directly by Transnet. Furthermore, this clause does not bestow any right or legitimate expectation on the Supplier/Service provider to demand that Transnet pay its sub-sub- contractor directly. The decision to pay any sub-contractor directly, remains that of Transnet alone. 11.3 12.3 The Supplier/Service Provider remains liable for its contractual obligations under the Agreement, including all services rendered by the sub-contractor. 11.4 12.4 This clause does not establish any contractual relationship between Transnet and any sub- contractor of the Supplier/Service Provider, whatsoever. 12 13 B-BBEE AND SOCIO-ECONOMIC OBLIGATIONS 12.1 13.1 B-BBEE Scorecard a) Transnet fully endorses and supports the Broad-Based Black Economic Empowerment Programme and is strongly of the opinion that all South African business enterprises have an equal obligation to redress the imbalances of the past. b) In response to this requirement, the Supplier/Service Provider shall submit to Transnet’s Contract Manager or such other designated person details of its B-BBEE status in terms of the latest Codes of Good Practice issued in terms of the B-BBEE Act and proof thereof at the beginning of March each year during the currency of this Agreement. c) The Supplier/Service Provider undertakes to notify and provide full details to Transnet in the event there is: (i) a change in the Supplier’s/Service Provider’s B-BBEE status which is less than what it was at the time of its appointment including the impact thereof; and (ii) a corporate or internal restructure or change in control of the Supplier/Service Provider which has or likely to impact negatively on the Supplier’s/ Service Provider’s B-BBEE status. d) Notwithstanding any other reporting requirement in terms hereof, the Supplier Service Provider undertakes to provide any B-BBEE data (underlying data relating to the Supplier /Service Service Provider which has been relied upon or utilised by a verification agency or auditor for the purposes of issuing a verification certificate in respect of the Supplier/Service Provider B-BBEE status) which Transnet may request on written notice within 30 (thirty) calendar days of such request. A failure to provide such data shall constitute a Supplier/ Service Provider Default and may be dealt with in accordance with the provisions of clause 2322. e) In the event there is a change in the Supplier’s/ Service Provider’s B-BBEE status, then the provisions of clause 23 22 shall apply.

PAYMENT TO SUB-CONTRACTORS. 11.1 Transnet reserves the right, in its sole discretion, to make payment directly to the sub-contractor of the Supplier/Service Provider, subject to the following conditions: a) Receipt of an undisputed invoice from the sub-contractor; and b) Receipt of written confirmation from the Supplier/Service Provider Supplier that the amounts claimed by the sub-contractor are correct and that the services for which the sub- sub-contractor has requested payment were rendered to the satisfaction of the Supplier/Service Provider, against the required standards. 11.2 Nothing contained in this clause must be interpreted as bestowing on any sub-contractor a right or legitimate expectation to be paid directly by Transnet. Furthermore, this clause does not bestow any right or legitimate expectation on the Supplier/Service provider Supplier to demand that Transnet pay its sub-contractor directly. The decision to pay any sub-contractor directly, remains that of Transnet alone. 11.3 The Supplier/Service Provider Supplier remains liable for its contractual obligations under the Agreement, including all services rendered by the sub-contractor. 11.4 This clause does not establish any contractual relationship between Transnet and any sub- sub-contractor of the Supplier/Service Provider, whatsoever. 12 B-BBEE AND SOCIO-ECONOMIC OBLIGATIONS 12.1 B-BBEE Scorecard a) Transnet fully endorses and supports the Broad-Based Black Economic Empowerment Programme and is strongly of the opinion that all South African business enterprises have an equal obligation to redress the imbalances of the past. b) In response to this requirement, the Supplier/Service Provider Supplier shall submit to Transnet’s Contract Manager or such other designated person details of its B-BBEE status in terms of the latest Codes of Good Practice issued in terms of the B-BBEE Act and proof thereof at the beginning of March each year during the currency of this Agreement. c) The Supplier/Service Provider Supplier undertakes to notify and provide full details to Transnet in the event there is: (i) a change in the Supplier’s/Service ProviderSupplier’s B-BBEE status which is less than what it was at the time of its appointment including the impact thereof; and (ii) a corporate or internal restructure or change in control of the Supplier/Service Provider Supplier which has or likely to impact negatively on the Supplier’s/ Service ProviderSupplier’s B-BBEE status. d) Notwithstanding any other reporting requirement in terms hereof, the Supplier Service Provider undertakes to provide any B-BBEE data (underlying data relating to the Supplier /Service Provider which has been relied upon or utilised by a verification agency or auditor for the purposes of issuing a verification certificate in respect of the Supplier/Service Provider Supplier B-BBEE status) which Transnet may request on written notice within 30 thirty (thirty30) calendar days of such request. A failure to provide such data shall constitute a Supplier/ Service Provider Supplier Default and may be dealt with in accordance with the provisions of clause 23. e) In the event there is a change in the Supplier’s/ Service ProviderSupplier’s B-BBEE status, then the provisions of clause 23 22 shall apply.

PAYMENT TO SUB-CONTRACTORS. 11.1 13.1 Transnet reserves the right, in its sole discretion, to make payment directly to the sub-contractor of the Supplier/Service Provider, subject to the following conditions: a) Receipt of an undisputed invoice from the sub-contractor; and b) Receipt of written confirmation from the Supplier/Service Provider that the amounts claimed by the sub-contractor are correct and that the services for which the sub- sub-contractor has requested payment were rendered to the satisfaction of the Supplier/Service Provider, against the required standards. 11.2 13.2 Nothing contained in this clause must be interpreted as bestowing on any sub-contractor a right or legitimate expectation to be paid directly by Transnet. Furthermore, this clause does not bestow any right or legitimate expectation on the Supplier/Service provider to demand that Transnet pay its sub-contractor directly. The decision to pay any sub-sub- contractor directly, remains that of Transnet alone. 11.3 13.3 The Supplier/Service Provider remains liable for its contractual obligations under the Agreement, including all services rendered by the sub-contractor. 11.4 13.4 This clause does not establish any contractual relationship between Transnet and any sub- sub-contractor of the Supplier/Service Provider, whatsoever. 12 14 B-BBEE AND SOCIO-ECONOMIC OBLIGATIONS 12.1 14.1 B-BBEE Scorecard a) Transnet fully endorses and supports the Broad-Based Black Economic Empowerment Programme and is strongly of the opinion that all South African business enterprises have an equal obligation to redress the imbalances of the past. b) In response to this requirement, the Supplier/Service Provider shall submit to Transnet’s Contract Manager or such other designated person details of its B-BBEE status in terms of the latest Codes of Good Practice issued in terms of the B-BBEE Act and proof thereof at the beginning of March each year during the currency of this Agreement. c) The Supplier/Service Provider undertakes to notify and provide full details to Transnet in the event there is: (i) a change in the Supplier’s/Service Provider’s B-BBEE status which is less than what it was at the time of its appointment including the impact thereof; and (ii) a corporate or internal restructure or change in control of the Supplier/Service Provider which has or likely to impact negatively on the Supplier’s/ Service Provider’s B-BBEE status. d) Notwithstanding any other reporting requirement in terms hereof, the Supplier Service Provider undertakes to provide any B-BBEE data (underlying data relating to the Supplier /Service Provider which has been relied upon or utilised by a verification agency or auditor for the purposes of issuing a verification certificate in respect of the Supplier/Service Provider B-BBEE status) which Transnet may request on written notice within 30 (thirty) calendar days of such request. A failure to provide such data shall constitute a Supplier/ Service Provider Default and may be dealt with in accordance with the provisions of clause 2326. e) In the event there is a change in the Supplier’s/ Service Provider’s B-BBEE status, then the provisions of clause 23 26 shall apply.

PAYMENT TO SUB-CONTRACTORS. 11.1 Transnet reserves the right, in its sole discretion, to make payment directly to the sub-contractor of the Supplier/Service Provider, subject to the following conditions: a) Receipt of an undisputed invoice from the sub-contractor; and b) Receipt of written confirmation from the Supplier/Service Provider that Supplierthat the amounts claimed by the sub-contractor are correct and that the services for which the sub- contractor has requested payment were rendered to the satisfaction of the Supplier/Service Provider, against the required standards. 11.2 Nothing contained in this clause must be interpreted as bestowing on any sub-contractor a right or legitimate expectation to be paid directly by Transnet. Furthermore, this clause does not bestow any right or legitimate expectation on the Supplier/Service provider to Supplierto demand that Transnet pay its sub-contractor directly. The decision to pay any sub-contractor directly, remains that of Transnet alone. 11.3 The Supplier/Service Provider remains Supplierremains liable for its contractual obligations under the Agreement, including all services rendered by the sub-contractor. 11.4 This clause does not establish any contractual relationship between Transnet and any sub- sub-contractor of the Supplier/Service Provider, whatsoever. 12 B-BBEE AND SOCIO-ECONOMIC OBLIGATIONS 12.1 B-BBEE Scorecard a) Transnet fully endorses and supports the Broad-Based Black Economic Empowerment Programme and is strongly of the opinion that all South African business enterprises have an equal obligation to redress the imbalances of the past. b) In response to this requirement, the Supplier/Service Provider shall Suppliershall submit to Transnet’s Contract Manager or such other designated person details of its B-BBEE status in terms of the latest Codes of Good Practice issued in terms of the B-BBEE Act and proof thereof at the beginning of March each year during the currency of this Agreement. c) The Supplier/Service Provider Supplier undertakes to notify and provide full details to Transnet in the event there is: (i) a change in the Supplier’s/Service Provider’s BSupplier’sB-BBEE status which is less than what it was at the time of its appointment including the impact thereof; and (ii) a corporate or internal restructure or change in control of the Supplier/Service Provider which Supplierwhich has or likely to impact negatively on the Supplier’s/ Service ProviderSupplier’s B-BBEE status. d) Notwithstanding any other reporting requirement in terms hereof, the Supplier Service Provider undertakes to provide any B-BBEE data (underlying data relating to the Supplier /Service Provider which has been relied upon or utilised by a verification agency or auditor for the purposes of issuing a verification certificate in respect of the Supplier/Service Provider BSupplierB-BBEE status) which Transnet may request on written notice within 30 (thirty) calendar days of such request. A failure to provide such data shall constitute a Supplier/ Service Provider Supplier Default and may be dealt with in accordance with the provisions of clause 2322. e) In the event there is a change in the Supplier’s/ Service ProviderSupplier’s B-BBEE status, then the provisions of clause 23 22 shall apply.

PAYMENT TO SUB-CONTRACTORS. 11.1 Transnet reserves the right, in its sole discretion, to make payment directly to the sub-contractor of the Supplier/Service Provider, subject to the following conditions: a) Receipt of an undisputed invoice from the sub-contractor; and b) Receipt of written confirmation from the Supplier/Service Provider that the amounts claimed by the sub-contractor are correct and that the services for which the sub- sub-contractor has requested payment were rendered to the satisfaction of the Supplier/Service Provider, against the required standards. 11.2 Nothing contained in this clause must be interpreted as bestowing on any sub-contractor a right or legitimate expectation to be paid directly by Transnet. Furthermore, this clause does not bestow any right or legitimate expectation on the Supplier/Service provider to demand that Transnet pay its sub-sub- contractor directly. The decision to pay any sub-contractor directly, remains that of Transnet alone. 11.3 The Supplier/Service Provider remains liable for its contractual obligations under the Agreement, including all services rendered by the sub-contractor. 11.4 This clause does not establish any contractual relationship between Transnet and any sub- sub-contractor of the Supplier/Service Provider, whatsoever. 12 B-BBEE AND SOCIO-ECONOMIC OBLIGATIONS 12.1 B-BBEE Scorecard a) Transnet fully endorses and supports the Broad-Based Black Economic Empowerment Programme and is strongly of the opinion that all South African business enterprises have an equal obligation to redress the imbalances of the past. b) In response to this requirement, the Supplier/Service Provider shall submit to Transnet’s Contract Manager or such other designated person details of its B-BBEE status in terms of the latest Codes of Good Practice issued in terms of the B-BBEE Act and proof thereof at the beginning of March each year during the currency of this Agreement. c) The Supplier/Service Provider undertakes to notify and provide full details to Transnet in the event there is: (i) a change in the Supplier’s/Service Provider’s B-BBEE status which is less than what it was at the time of its appointment including the impact thereof; and (ii) a corporate or internal restructure or change in control of the Supplier/Service Provider which has or likely to impact negatively on the Supplier’s/ Service Provider’s B-BBEE status. d) Notwithstanding any other reporting requirement in terms hereof, the Supplier Service Provider undertakes to provide any B-BBEE data (underlying data relating to the Supplier /Service Provider which has been relied upon or utilised by a verification agency or auditor for the purposes of issuing a verification certificate in respect of the Supplier/Service Provider B-BBEE status) which Transnet may request on written notice within 30 (thirty) calendar days of such request. A failure to provide such data shall constitute a Supplier/ Service Provider Default and may be dealt with in accordance with the provisions of clause 23229. e) In the event there is a change in the Supplier’s/ Service Provider’s B-BBEE status, then the provisions of clause 23 25 shall apply.

PAYMENT TO SUB-CONTRACTORS. 11.1 15.1 Transnet reserves the right, in its sole discretion, to make payment directly to the sub-contractor of the Supplier/Service ProviderTerminal Operator, subject to the following conditions: a) Receipt of an undisputed invoice from the sub-contractor; and b) Receipt of written confirmation from the Supplier/Service Provider Terminal Operator that the amounts claimed by the sub-contractor are correct and that the services for which the sub- sub-contractor has requested payment were rendered to the satisfaction of the Supplier/Service ProviderTerminal Operator, against the required standards. 11.2 15.2 Nothing contained in this clause must be interpreted as bestowing on any sub-contractor a right or legitimate expectation to be paid directly by Transnet. Furthermore, this clause does not bestow any right or legitimate expectation on the Supplier/Service provider Terminal Operator to demand that Transnet pay its sub-sub- contractor directly. The decision to pay any sub-contractor directly, remains that of Transnet alone. 11.3 15.3 The Supplier/Service Provider Terminal Operator remains liable for its contractual obligations under the Agreement, including all services rendered by the sub-contractor. 11.4 15.4 This clause does not establish any contractual relationship between Transnet and any sub- sub-contractor of the Supplier/Service ProviderTerminal Operator, whatsoever. 12 16 B-BBEE AND SOCIO-ECONOMIC OBLIGATIONS 12.1 16.1 B-BBEE Scorecard a) Transnet fully endorses and supports the Broad-Based Black Economic Empowerment Programme and is strongly of the opinion that all South African business enterprises have an equal obligation to redress the imbalances of the past. b) In response to this requirement, the Supplier/Service Provider Terminal Operator shall submit to Transnet’s Contract Manager or such other designated person details of its B-BBEE status in terms of the latest Codes of Good Practice issued in terms of the B-BBEE Act and proof thereof at the beginning of March each year during the currency of this Agreement. c) The Supplier/Service Provider Terminal Operator undertakes to notify and provide full details to Transnet in the event there is: (i) a change in the Supplier’s/Service ProviderTerminal Operator’s B-BBEE status which is less than what it was at the time of its appointment including the impact thereof; and (ii) a corporate or internal restructure or change in control of the Supplier/Service Provider Terminal Operator which has or likely to impact negatively on the Supplier’s/ Service ProviderTerminal Operator’s B-BBEE status. d) Notwithstanding any other reporting requirement in terms hereof, the Supplier Service Provider Terminal Operator undertakes to provide any B-BBEE data (underlying data relating to the Supplier /Service Provider Terminal Operator which has been relied upon or utilised by a verification agency or auditor for the purposes of issuing a verification certificate in respect of the Supplier/Service Provider Terminal Operator B-BBEE status) which Transnet may request on written notice within 30 (thirty) calendar days of such request. A failure to provide such data shall constitute a Supplier/ Service Provider Terminal Operator Default and may be dealt with in accordance with the provisions of clause 2326. e) In the event there is a change in the Supplier’s/ Service ProviderTerminal Operator’s B-BBEE status, then the provisions of clause 23 26 shall apply.

PAYMENT TO SUB-CONTRACTORS. 11.1 12.1 Transnet reserves the right, in its sole discretion, to make payment directly to the sub-contractor of the Supplier/Service Provider, subject to the following conditions: a) Receipt of an undisputed invoice from the sub-contractor; and b) Receipt of written confirmation from the Supplier/Service Provider that the amounts claimed by the sub-contractor are correct and that the services for which the sub- sub-contractor has requested payment were rendered to the satisfaction of the Supplier/Service Provider, against the required standards. 11.2 12.2 Nothing contained in this clause must be interpreted as bestowing on any sub-contractor a right or legitimate expectation to be paid directly by Transnet. Furthermore, this clause does not bestow any right or legitimate expectation on the Supplier/Service provider to demand that Transnet pay its sub-contractor directly. The decision to pay any sub-contractor directly, remains that of Transnet alone. 11.3 12.3 The Supplier/Service Provider remains liable for its contractual obligations under the Agreement, including all services rendered by the sub-contractor. 11.4 12.4 This clause does not establish any contractual relationship between Transnet and any sub- sub-contractor of the Supplier/Service Provider, whatsoever. 12 13 B-BBEE AND SOCIO-ECONOMIC OBLIGATIONS 12.1 13.1 B-BBEE Scorecard a) Transnet fully endorses and supports the Broad-Based Black Economic Empowerment Programme and is strongly of the opinion that all South African business enterprises have an equal obligation to redress the imbalances of the past. b) In response to this requirement, the Supplier/Service Provider shall submit to Transnet’s Contract Manager or such other designated person details of its B-BBEE status in terms of the latest Codes of Good Practice issued in terms of the B-BBEE Act and proof thereof at the beginning of March each year during the currency of this Agreement. c) The Supplier/Service Provider undertakes to notify and provide full details to Transnet in the event there is: (i) a change in the Supplier’s/Service Provider’s B-BBEE status which is less than what it was at the time of its appointment including the impact thereof; and (ii) a corporate or internal restructure or change in control of the Supplier/Service Provider which has or likely to impact negatively on the Supplier’s/ Service Provider’s B-BBEE status. d) Notwithstanding any other reporting requirement in terms hereof, the Supplier Service Provider undertakes to provide any B-BBEE data (underlying data relating to the Supplier /Service Provider which has been relied upon or utilised by a verification agency or auditor for the purposes of issuing a verification certificate in respect of the Supplier/Service Provider B-BBEE status) which Transnet may request on written notice within 30 (thirty) calendar days of such request. A failure to provide such data shall constitute a Supplier/ Service Provider Default and may be dealt with in accordance with the provisions of clause 2327. e) In the event there is a change in the Supplier’s/ Service Provider’s B-BBEE status, then the provisions of clause 23 27 shall apply.

PAYMENT TO SUB-CONTRACTORS. 11.1 12.1 Transnet reserves the right, in its sole discretion, to make payment directly to the sub-contractor of the Supplier/Service Provider, subject to the following conditions: a) Receipt of an undisputed invoice from the sub-contractor; and b) Receipt of written confirmation from the Supplier/Service Provider that the amounts claimed by the sub-contractor are correct and that the services for which the sub- sub-contractor has requested payment were rendered to the satisfaction of the Supplier/Service Provider, against the required standards. 11.2 12.2 Nothing contained in this clause must be interpreted as bestowing on any sub-contractor a right or legitimate expectation to be paid directly by Transnet. Furthermore, this clause does not bestow any right or legitimate expectation on the Supplier/Service provider to demand that Transnet pay its sub-sub- contractor directly. The decision to pay any sub-contractor directly, remains that of Transnet alone. 11.3 12.3 The Supplier/Service Provider remains liable for its contractual obligations under the Agreement, including all services rendered by the sub-contractor. 11.4 12.4 This clause does not establish any contractual relationship between Transnet and any sub- contractor of the Supplier/Service Provider, whatsoever. 12 13 B-BBEE AND SOCIO-ECONOMIC OBLIGATIONS 12.1 13.1 B-BBEE Scorecard a) Transnet fully endorses and supports the Broad-Based Black Economic Empowerment Programme and is strongly of the opinion that all South African business enterprises have an equal obligation to redress the imbalances of the past. b) In response to this requirement, the Supplier/Service Provider shall submit to Transnet’s Contract Manager or such other designated person details of its B-BBEE status in terms of the latest Codes of Good Practice issued in terms of the B-BBEE Act and proof thereof at the beginning of March each year during the currency of this Agreement. c) The Supplier/Service Provider undertakes to notify and provide full details to Transnet in the event there is: (i) a change in the Supplier’s/Service Provider’s B-BBEE status which is less than what it was at the time of its appointment including the impact thereof; and (ii) a corporate or internal restructure or change in control of the Supplier/Service Provider which has or likely to impact negatively on the Supplier’s/ Service Provider’s B-BBEE status. d) Notwithstanding any other reporting requirement in terms hereof, the Supplier Service Provider undertakes to provide any B-BBEE data (underlying data relating to the Supplier /Service Service Provider which has been relied upon or utilised by a verification agency or auditor for the purposes of issuing a verification certificate in respect of the Supplier/Service Provider B-BBEE status) which Transnet may request on written notice within 30 (thirty) calendar days of such request. A failure to provide such data shall constitute a Supplier/ Service Provider Default and may be dealt with in accordance with the provisions of clause 2321. e) In the event there is a change in the Supplier’s/ Service Provider’s B-BBEE status, then the provisions of clause 23 21 shall apply.

PAYMENT TO SUB-CONTRACTORS. 11.1 12.1 Transnet reserves the right, in its sole discretion, to make payment directly to the sub-contractor of the Supplier/Service Provider, subject to the following conditions: a) Receipt of an undisputed invoice from the sub-contractor; and b) Receipt of written confirmation from the Supplier/Service Provider that the amounts claimed by the sub-contractor are correct and that the services for which the sub- contractor has requested payment were rendered to the satisfaction of the Supplier/Service Provider, against the required standards. 11.2 12.2 Nothing contained in this clause must be interpreted as bestowing on any sub-contractor a right or legitimate expectation to be paid directly by Transnet. Furthermore, this clause does not bestow any right or legitimate expectation on the Supplier/Service provider to demand that Transnet pay its sub-sub- contractor directly. The decision to pay any sub-contractor directly, remains that of Transnet alone. 11.3 12.3 The Supplier/Service Provider remains liable for its contractual obligations under the Agreement, including all services rendered by the sub-contractor. 11.4 12.4 This clause does not establish any contractual relationship between Transnet and any sub- contractor of the Supplier/Service Provider, whatsoever. 12 13 B-BBEE AND SOCIO-ECONOMIC OBLIGATIONS 12.1 13.1 B-BBEE Scorecard a) Transnet fully endorses and supports the Broad-Based Black Economic Empowerment Programme and is strongly of the opinion that all South African business enterprises have an equal obligation to redress the imbalances of the past. b) In response to this requirement, the Supplier/Service Provider shall submit to Transnet’s Contract Manager or such other designated person details of its B-BBEE status in terms of the latest Codes of Good Practice issued in terms of the B-BBEE Act and proof thereof at the beginning of March each year during the currency of this Agreement. c) The Supplier/Service Provider undertakes to notify and provide full details to Transnet in the event there is: (i) a change in the Supplier’s/Service Provider’s B-BBEE status which is less than what it was at the time of its appointment including the impact thereof; and (ii) a corporate or internal restructure or change in control of the Supplier/Service Provider which has or likely to impact negatively on the Supplier’s/ Service Provider’s B-BBEE status. d) Notwithstanding any other reporting requirement in terms hereof, the Supplier Service Provider undertakes to provide any B-BBEE data (underlying data relating to the Supplier /Service Provider which has been relied upon or utilised by a verification agency or auditor for the purposes of issuing a verification certificate in respect of the Supplier/Service Provider B-B- BBEE status) which Transnet may request on written notice within 30 (thirty) calendar days of such request. A failure to provide such data shall constitute a Supplier/ Service Provider Default and may be dealt with in accordance with the provisions of clause 2322. e) In the event there is a change in the Supplier’s/ Service Provider’s B-BBEE status, then the provisions of clause 23 22 shall apply.

PAYMENT TO SUB-CONTRACTORS. 11.1 Transnet reserves the right, in its sole discretion, to make payment directly to the sub-contractor of the Supplier/Service Provider, subject to the following conditions: a) Receipt of an undisputed invoice from the sub-contractor; and b) Receipt of written confirmation from the Supplier/Service Provider Supplier that the amounts claimed by the sub-sub- contractor are correct and that the services for which the sub- sub-contractor has requested payment were rendered to the satisfaction of the Supplier/Service Provider, against the required standards. 11.2 Nothing contained in this clause must be interpreted as bestowing on any sub-contractor a right or legitimate expectation to be paid directly by Transnet. Furthermore, this clause does not bestow any right or legitimate expectation on the Supplier/Service provider Supplier to demand that Transnet pay its sub-sub- contractor directly. The decision to pay any sub-contractor directly, remains that of Transnet alone. 11.3 The Supplier/Service Provider Supplier remains liable for its contractual obligations under the Agreement, including all services rendered by the sub-contractor. 11.4 This clause does not establish any contractual relationship between Transnet and any sub- contractor of the Supplier/Service Provider, whatsoever. 12 B-BBEE AND SOCIO-ECONOMIC OBLIGATIONS 12.1 B-BBEE Scorecard a) Transnet fully endorses and supports the Broad-Based Black Economic Empowerment Programme and is strongly of the opinion that all South African business enterprises have an equal obligation to redress the imbalances of the past. b) In response to this requirement, the Supplier/Service Provider Supplier shall submit to Transnet’s Contract Manager or such other designated person details of its B-BBEE status in terms of the latest Codes of Good Practice issued in terms of the B-BBEE Act and proof thereof at the beginning of March each year during the currency of this Agreement. c) The Supplier/Service Provider Supplier undertakes to notify and provide full details to Transnet in the event there is: (i) a change in the Supplier’s/Service ProviderSupplier’s B-BBEE status which is less than what it was at the time of its appointment including the impact thereof; and (ii) a corporate or internal restructure or change in control of the Supplier/Service Provider Supplier which has or likely to impact negatively on the Supplier’s/ Service ProviderSupplier’s B-BBEE status. d) Notwithstanding any other reporting requirement in terms hereof, the Supplier Service Provider undertakes to provide any B-BBEE data (underlying data relating to the Supplier /Service Provider which has been relied upon or utilised by a verification agency or auditor for the purposes of issuing a verification certificate in respect of the Supplier/Service Provider Supplier B-BBEE status) which Transnet may request on written notice within 30 (thirty) calendar days of such request. A failure to provide such data shall constitute a Supplier/ Service Provider Supplier Default and may be dealt with in accordance with the provisions of clause 2332. e) In the event there is a change in the Supplier’s/ Service ProviderSupplier’s B-BBEE status, then the provisions of clause 23 32 shall apply.

PAYMENT TO SUB-CONTRACTORS. 11.1 12.1 Transnet reserves the right, in its sole discretion, to make payment directly to the sub-contractor of the Supplier/Service Provider, subject to the following conditions: a) Receipt of an undisputed invoice from the sub-contractor; and b) Receipt of written confirmation from the Supplier/Service Provider that the amounts claimed by the sub-contractor are correct and that the services for which the sub- sub-contractor has requested payment were rendered to the satisfaction of the Supplier/Service Provider, against the required standards. 11.2 12.2 Nothing contained in this clause must be interpreted as bestowing on any sub-contractor a right or legitimate expectation to be paid directly by Transnet. Furthermore, this clause does not bestow any right or legitimate expectation on the Supplier/Service provider to demand that Transnet pay its sub-sub- contractor directly. The decision to pay any sub-contractor directly, remains that of Transnet alone. 11.3 12.3 The Supplier/Service Provider remains liable for its contractual obligations under the Agreement, including all services rendered by the sub-contractor. 11.4 12.4 This clause does not establish any contractual relationship between Transnet and any sub- contractor of the Supplier/Service Provider, whatsoever. 12 13 B-BBEE AND SOCIO-ECONOMIC OBLIGATIONS 12.1 13.1 B-BBEE Scorecard a) Transnet fully endorses and supports the Broad-Based Black Economic Empowerment Programme and is strongly of the opinion that all South African business enterprises have an equal obligation to redress the imbalances of the past. b) In response to this requirement, the Supplier/Service Provider shall submit to Transnet’s Contract Manager or such other designated person details of its B-BBEE status in terms of the latest Codes of Good Practice issued in terms of the B-BBEE Act and proof thereof at the beginning of March each year during the currency of this Agreement. c) The Supplier/Service Provider undertakes to notify and provide full details to Transnet in the event there is: (i) a change in the Supplier’s/Service Provider’s B-BBEE status which is less than what it was at the time of its appointment including the impact thereof; and (ii) a corporate or internal restructure or change in control of the Supplier/Service Provider which has or likely to impact negatively on the Supplier’s/ Service Provider’s B-BBEE status. d) Notwithstanding any other reporting requirement in terms hereof, the Supplier Service Provider undertakes to provide any B-BBEE data (underlying data relating to the Supplier /Service Provider which has been relied upon or utilised by a verification agency or auditor for the purposes of issuing a verification certificate in respect of the Supplier/Service Provider B-B- BBEE status) which Transnet may request on written notice within 30 (thirty) calendar days of such request. A failure to provide such data shall constitute a Supplier/ Service Provider Default and may be dealt with in accordance with the provisions of clause 2322. e) In the event there is a change in the Supplier’s/ Service Provider’s B-BBEE status, then the provisions of clause 23 22 shall apply.

PAYMENT TO SUB-CONTRACTORS. 11.1 12.1 Transnet reserves the right, in its sole discretion, to make payment directly to the sub-contractor of the Supplier/Service Provider, subject to the following conditions: a) Receipt of an undisputed invoice from the sub-contractor; and b) Receipt of written confirmation from the Supplier/Service Provider that the amounts claimed by the sub-contractor are correct and that the services for which the sub- sub-contractor has requested payment were rendered to the satisfaction of the Supplier/Service Provider, against the required standards. 11.2 12.2 Nothing contained in this clause must be interpreted as bestowing on any sub-contractor a right or legitimate expectation to be paid directly by Transnet. Furthermore, this clause does not bestow any right or legitimate expectation on the Supplier/Service provider Provider to demand that Transnet pay its sub-sub- contractor directly. The decision to pay any sub-contractor directly, remains that of Transnet alone. 11.3 12.3 The Supplier/Service Provider remains liable for its contractual obligations under the Agreement, including all services rendered by the sub-contractor. 11.4 12.4 This clause does not establish any contractual relationship between Transnet and any sub- contractor of the Supplier/Service Provider, whatsoever. 12 13 B-BBEE AND SOCIO-ECONOMIC OBLIGATIONS 12.1 13.1 B-BBEE Scorecard a) Transnet fully endorses and supports the Broad-Based Black Economic Empowerment Programme and is strongly of the opinion that all South African business enterprises have an equal obligation to redress the imbalances of the past. b) In response to this requirement, the Supplier/Service Provider shall submit to Transnet’s Contract Manager or such other designated person details of its B-BBEE status in terms of the latest Codes of Good Practice issued in terms of the B-BBEE Act and proof thereof at the beginning of March each year during the currency of this Agreement. c) The Supplier/Service Provider undertakes to notify and provide full details to Transnet in the event there is: (i) a change in the Supplier’s/Service Provider’s B-BBEE status which is less than what it was at the time of its appointment including the impact thereof; and (ii) a corporate or internal restructure or change in control of the Supplier/Service Provider which has or likely to impact negatively on the Supplier’s/ Service Provider’s B-BBEE status. d) Notwithstanding any other reporting requirement in terms hereof, the Supplier Service Provider undertakes to provide any B-BBEE data (underlying data relating to the Supplier /Service Provider which has been relied upon or utilised by a verification agency or auditor for the purposes of issuing a verification certificate in respect of the Supplier/Service Provider B-B- BBEE status) which Transnet may request on written notice within 30 (thirty) calendar days of such request. A failure to provide such data shall constitute a Supplier/ Service Provider Default and may be dealt with in accordance with the provisions of clause 2325. e) In the event there is a change in the Supplier’s/ Service Provider’s B-BBEE status, then the provisions of clause 23 25 shall apply.

PAYMENT TO SUB-CONTRACTORS. 11.1 12.1 Transnet reserves the right, in its sole discretion, to make payment directly to the sub-contractor of the Supplier/Service Provider, subject to the following conditions: a) Receipt of an undisputed invoice from the sub-contractor; and b) Receipt of written confirmation from the Supplier/Service Provider that the amounts claimed by the sub-contractor are correct and that the services for which the sub- sub-contractor has requested payment were rendered to the satisfaction of the Supplier/Service Provider, against the required standards. 11.2 12.2 Nothing contained in this clause must be interpreted as bestowing on any sub-contractor a right or legitimate expectation to be paid directly by Transnet. Furthermore, this clause does not bestow any right or legitimate expectation on the Supplier/Service provider to demand that Transnet pay its sub-sub- contractor directly. The decision to pay any sub-contractor directly, remains that of Transnet alone. 11.3 12.3 The Supplier/Service Provider remains liable for its contractual obligations under the Agreement, including all services rendered by the sub-contractor. 11.4 12.4 This clause does not establish any contractual relationship between Transnet and any sub- contractor of the Supplier/Service Provider, whatsoever. 12 13 B-BBEE AND SOCIO-ECONOMIC OBLIGATIONS 12.1 13.1 B-BBEE Scorecard a) Transnet fully endorses and supports the Broad-Based Black Economic Empowerment Programme and is strongly of the opinion that all South African business enterprises have an equal obligation to redress the imbalances of the past. b) In response to this requirement, the Supplier/Service Provider shall submit to Transnet’s Contract Manager or such other designated person details of its B-BBEE status in terms of the latest Codes of Good Practice issued in terms of the B-BBEE Act and proof thereof at the beginning of March each year during the currency of this Agreement. c) The Supplier/Service Provider undertakes to notify and provide full details to Transnet in the event there is: (i) a change in the Supplier’s/Service Provider’s B-BBEE status which is less than what it was at the time of its appointment including the impact thereof; and (ii) a corporate or internal restructure or change in control of the Supplier/Service Provider which has or likely to impact negatively on the Supplier’s/ Service Provider’s B-BBEE status. d) Notwithstanding any other reporting requirement in terms hereof, the Supplier Service Provider undertakes to provide any B-BBEE data (underlying data relating to the Supplier /Service Service Provider which has been relied upon or utilised by a verification agency or auditor for the purposes of issuing a verification certificate in respect of the Supplier/Service Provider B-BBEE status) which Transnet may request on written notice within 30 (thirty) calendar days of such request. A failure to provide such data shall constitute a Supplier/ Service Provider Default and may be dealt with in accordance with the provisions of clause 2321. e) In the event there is a change in the Supplier’s/ Service Provider’s B-BBEE status, then the provisions of clause 23 21 shall apply.

PAYMENT TO SUB-CONTRACTORS. 11.1 Transnet reserves the right, in its sole discretion, to make payment directly to the sub-contractor of the Supplier/Service Provider, subject to the following conditions: a) Receipt of an undisputed invoice from the sub-contractor; and b) Receipt of written confirmation from the Supplier/Service Provider Supplier that the amounts claimed by the sub-sub- contractor are correct and that the services for which the sub- sub-contractor has requested payment were rendered to the satisfaction of the Supplier/Service Provider, against the required standards. 11.2 Nothing contained in this clause must be interpreted as bestowing on any sub-contractor a right or legitimate expectation to be paid directly by Transnet. Furthermore, this clause does not bestow any right or legitimate expectation on the Supplier/Service provider Supplier to demand that Transnet pay its sub-contractor directly. The decision to pay any sub-contractor directly, remains that of Transnet alone. 11.3 The Supplier/Service Provider Supplier remains liable for its contractual obligations under the Agreement, including all services rendered by the sub-contractor. 11.4 This clause does not establish any contractual relationship between Transnet and any sub- contractor of the Supplier/Service Provider, whatsoever. 12 B-BBEE AND SOCIO-ECONOMIC OBLIGATIONS 12.1 B-BBEE Scorecard a) Transnet fully endorses and supports the Broad-Based Black Economic Empowerment Programme and is strongly of the opinion that all South African business enterprises have an equal obligation to redress the imbalances of the past. b) In response to this requirement, the Supplier/Service Provider Supplier shall submit to Transnet’s Contract Manager or such other designated person details of its B-BBEE status in terms of the latest Codes of Good Practice issued in terms of the B-BBEE Act and proof thereof at the beginning of March each year during the currency of this Agreement. c) The Supplier/Service Provider Supplier undertakes to notify and provide full details to Transnet in the event there is: (i) a change in the Supplier’s/Service Provider’s B-BBEE status which is less than what it was at the time of its appointment including the impact thereof; and (ii) a corporate or internal restructure or change in control of the Supplier/Service Provider Supplier which has or likely to impact negatively on the Supplier’s/ Service Provider’s B-BBEE status. d) Notwithstanding any other reporting requirement in terms hereof, the Supplier Service Provider undertakes to provide any B-BBEE data (underlying data relating to the Supplier /Service Provider which has been relied upon or utilised by a verification agency or auditor for the purposes of issuing a verification certificate in respect of the Supplier/Service Provider Supplier B-BBEE status) which Transnet may request on written notice within 30 (thirty) calendar days of such request. A failure to provide such data shall constitute a Supplier/ Service Provider Default and may be dealt with in accordance with the provisions of clause 2325. e) In the event there is a change in the Supplier’s/ Service Provider’s B-BBEE status, then the provisions of clause 23 25 shall apply.

PAYMENT TO SUB-CONTRACTORS. 11.1 12.1 Transnet reserves the right, in its sole discretion, to make payment directly to the sub-contractor of the SupplierSupplier and/Service Provider, subject to the following conditions: a) Receipt of an undisputed invoice from the sub-contractor; and b) Receipt of written confirmation from the SupplierSupplier and/Service Provider that the amounts claimed by the sub-contractor are correct and that the services for which the sub- sub-contractor has requested payment were rendered to the satisfaction of the SupplierSupplier and/Service Provider, against the required standards. 11.2 12.2 Nothing contained in this clause must be interpreted as bestowing on any sub-sub- contractor a right or legitimate expectation to be paid directly by Transnet. Furthermore, this clause does not bestow any right or legitimate expectation on the SupplierSupplier and/Service provider to demand that Transnet pay its sub-contractor directly. The decision to pay any sub-contractor directly, remains that of Transnet alone. 11.3 12.3 The SupplierSupplier and/Service Provider remains liable for its contractual obligations under the Agreement, including all services rendered by the sub-contractor. 11.4 12.4 This clause does not establish any contractual relationship between Transnet and any sub- sub-contractor of the SupplierSupplier and/Service Provider, whatsoever. 12 13 B-BBEE AND SOCIO-ECONOMIC OBLIGATIONS 12.1 13.1 B-BBEE Scorecard a) Transnet fully endorses and supports the Broad-Based Black Economic Empowerment Programme and is strongly of the opinion that all South African business enterprises have an equal obligation to redress the imbalances of the past. b) In response to this requirement, the SupplierSupplier and/Service Provider shall submit to Transnet’s Contract Manager or such other designated person details of its B-BBEE status in terms of the latest Codes of Good Practice issued in terms of the B-BBEE Act and proof thereof at the beginning of March each year during the currency of this Agreement. c) The SupplierSupplier and/Service Provider undertakes to notify and provide full details to Transnet in the event there is: (i) a change in the Supplier’sSupplier’s and/Service Provider’s B-BBEE status which is less than what it was at the time of its appointment including the impact thereof; and (ii) a corporate or internal restructure or change in control of the SupplierSupplier and/Service Provider which has or likely to impact negatively on the Supplier’s/ Supplier’s and/Service Provider’s B-BBEE status. d) Notwithstanding any other reporting requirement in terms hereof, the Supplier and/ Service Provider undertakes to provide any B-BBEE data (underlying data relating to the Supplier /Service and/Service Provider which has been relied upon or utilised by a verification agency or auditor for the purposes of issuing a verification certificate in respect of the SupplierSupplier and/Service Provider B-BBEE status) which Transnet may request on written notice within 30 (thirty) calendar days of such request. A failure to provide such data shall constitute a Supplier/ Supplier and/ Service Provider Default and may be dealt with in accordance with the provisions of clause 2326. e) In the event there is a change in the Supplier’s/ Supplier’s and/ Service Provider’s B-BBEE status, then the provisions of clause 23 26 shall apply.

PAYMENT TO SUB-CONTRACTORS. 11.1 12.1 Transnet reserves the right, in its sole discretion, to make payment directly to the sub-sub- contractor of the Supplier/Service Provider, subject to the following conditions: a) Receipt of an undisputed invoice from the sub-contractor; and b) Receipt of written confirmation from the Supplier/Service Provider that the amounts claimed by the sub-contractor are correct and that the services for which the sub- sub-contractor has requested payment were rendered to the satisfaction of the Supplier/Service Provider, against the required standards. 11.2 12.2 Nothing contained in this clause must be interpreted as bestowing on any sub-contractor a right or legitimate expectation to be paid directly by Transnet. Furthermore, this clause does not bestow any right or legitimate expectation on the Supplier/Service provider to demand that Transnet pay its sub-contractor directly. The decision to pay any sub-contractor directly, remains that of Transnet alone. 11.3 12.3 The Supplier/Service Provider remains liable for its contractual obligations under the Agreement, including all services rendered by the sub-contractor. 11.4 12.4 This clause does not establish any contractual relationship between Transnet and any sub- sub-contractor of the Supplier/Service Provider, whatsoever. 12 13 B-BBEE AND SOCIO-ECONOMIC OBLIGATIONS 12.1 13.1 B-BBEE Scorecard a) Transnet fully endorses and supports the Broad-Based Black Economic Empowerment Programme and is strongly of the opinion that all South African business enterprises have an equal obligation to redress the imbalances of the past. b) In response to this requirement, the Supplier/Service Provider shall submit to Transnet’s Contract Manager or such other designated person details of its B-BBEE status in terms of the latest Codes of Good Practice issued in terms of the B-BBEE Act and proof thereof at the beginning of March each year during the currency of this Agreement. c) The Supplier/Service Provider undertakes to notify and provide full details to Transnet in the event there is: (i) a change in the Supplier’s/Service Provider’s B-BBEE status which is less than what it was at the time of its appointment including the impact thereof; and (ii) a corporate or internal restructure or change in control of the Supplier/Service Provider which has or likely to impact negatively on the Supplier’s/ Service Provider’s B-BBEE status. d) Notwithstanding any other reporting requirement in terms hereof, the Supplier Service Provider undertakes to provide any B-BBEE data (underlying data relating to the Supplier /Service Service Provider which has been relied upon or utilised by a verification agency or auditor for the purposes of issuing a verification certificate in respect of the Supplier/Service Provider B-BBEE status) which Transnet may request on written notice within 30 (thirty) calendar days of such request. A failure to provide such data shall constitute a Supplier/ Service Provider Default and may be dealt with in accordance with the provisions of clause 2322. e) In the event there is a change in the Supplier’s/ Service Provider’s B-BBEE status, then the provisions of clause 23 22 shall apply.

PAYMENT TO SUB-CONTRACTORS. 11.1 Transnet reserves the right, in its sole discretion, to make payment directly to the sub-contractor of the Supplier/Service Provider, subject to the following conditions: a) Receipt of an undisputed invoice from the sub-contractor; and b) Receipt of written confirmation from the Supplier/Service Provider Supplier that the amounts claimed by the sub-sub- contractor are correct and that the services for which the sub- sub-contractor has requested payment were rendered to the satisfaction of the Supplier/Service Provider, against the required standards. 11.2 Nothing contained in this clause must be interpreted as bestowing on any sub-contractor a right or legitimate expectation to be paid directly by Transnet. Furthermore, this clause does not bestow any right or legitimate expectation on the Supplier/Service provider Supplier to demand that Transnet pay its sub-contractor directly. The decision to pay any sub-contractor directly, remains that of Transnet alone. 11.3 The Supplier/Service Provider Supplier remains liable for its contractual obligations under the Agreement, including all services rendered by the sub-contractor. 11.4 This clause does not establish any contractual relationship between Transnet and any sub- contractor of the Supplier/Service Provider, whatsoever. 12 B-BBEE AND SOCIO-ECONOMIC OBLIGATIONS 12.1 B-BBEE Scorecard a) Transnet fully endorses and supports the Broad-Based Black Economic Empowerment Programme and is strongly of the opinion that all South African business enterprises have an equal obligation to redress the imbalances of the past. b) In response to this requirement, the Supplier/Service Provider Supplier shall submit to Transnet’s Contract Manager or such other designated person details of its B-BBEE status in terms of the latest Codes of Good Practice issued in terms of the B-BBEE Act and proof thereof at the beginning of March each year during the currency of this Agreement. c) The Supplier/Service Provider Supplier undertakes to notify and provide full details to Transnet in the event there is: (i) a change in the Supplier’s/Service ProviderSupplier’s B-BBEE status which is less than what it was at the time of its appointment including the impact thereof; and (ii) a corporate or internal restructure or change in control of the Supplier/Service Provider Supplier which has or likely to impact negatively on the Supplier’s/ Service ProviderSupplier’s B-BBEE status. d) Notwithstanding any other reporting requirement in terms hereof, the Supplier Service Provider undertakes to provide any B-BBEE data (underlying data relating to the Supplier /Service Provider which has been relied upon or utilised by a verification agency or auditor for the purposes of issuing a verification certificate in respect of the Supplier/Service Provider Supplier B-BBEE status) which Transnet may request on written notice within 30 (thirty) calendar days of such request. A failure to provide such data shall constitute a Supplier/ Service Provider Supplier Default and may be dealt with in accordance with the provisions of clause 2319. e) In the event there is a change in the Supplier’s/ Service ProviderSupplier’s B-BBEE status, then the provisions of clause 23 19 shall apply.

PAYMENT TO SUB-CONTRACTORS. 11.1 12.1 Transnet reserves the right, in its sole discretion, to make payment directly to the sub-contractor of the Supplier/Service Provider, subject to the following conditions: a) Receipt of an undisputed invoice from the sub-contractor; and b) Receipt of written confirmation from the Supplier/Service Provider that the amounts claimed by the sub-contractor are correct and that the services for which the sub- sub-contractor has requested payment were rendered to the satisfaction of the Supplier/Service Provider, against the required standards. 11.2 12.2 Nothing contained in this clause must be interpreted as bestowing on any sub-contractor a right or legitimate expectation to be paid directly by Transnet. Furthermore, this clause does not bestow any right or legitimate expectation on the Supplier/Service provider to demand that Transnet pay its sub-contractor directly. The decision to pay any sub-contractor directly, remains that of Transnet alone. 11.3 12.3 The Supplier/Service Provider remains liable for its contractual obligations under the Agreement, including all services rendered by the sub-contractor. 11.4 12.4 This clause does not establish any contractual relationship between Transnet and any sub- sub-contractor of the Supplier/Service Provider, whatsoever. 12 13 B-BBEE AND SOCIO-ECONOMIC OBLIGATIONS 12.1 13.1 B-BBEE Scorecard a) Transnet fully endorses and supports the Broad-Based Black Economic Empowerment Programme and is strongly of the opinion that all South African business enterprises have an equal obligation to redress the imbalances of the past. b) In response to this requirement, the Supplier/Service Provider shall submit to Transnet’s Contract Manager or such other designated person details of its B-BBEE status in terms of the latest Codes of Good Practice issued in terms of the B-BBEE Act and proof thereof at the beginning of March each year during the currency of this Agreement. c) The Supplier/Service Provider undertakes to notify and provide full details to Transnet in the event there is: (i) a change in the Supplier’s/Service Provider’s B-BBEE status which is less than what it was at the time of its appointment including the impact thereof; and (ii) a corporate or internal restructure or change in control of the Supplier/Service Provider which has or likely to impact negatively on the Supplier’s/ Service Provider’s B-BBEE status. d) Notwithstanding any other reporting requirement in terms hereof, the Supplier Service Provider undertakes to provide any B-BBEE data (underlying data relating to the Supplier /Service Service Provider which has been relied upon or utilised by a verification agency or auditor for the purposes of issuing a verification certificate in respect of the Supplier/Service Provider B-BBEE status) which Transnet may request on written notice within 30 (thirty) calendar days of such request. A failure to provide such data shall constitute a Supplier/ Service Provider Default and may be dealt with in accordance with the provisions of clause 23219. e) In the event there is a change in the Supplier’s/ Service Provider’s B-BBEE status, then the provisions of clause 23 219 shall apply.

PAYMENT TO SUB-CONTRACTORS. 11.1 12.1 Transnet reserves the right, in its sole discretion, to make payment directly to the sub-contractor of the Supplier/Service Provider, subject to the following conditions: a) Receipt of an undisputed invoice from the sub-contractor; and b) Receipt of written confirmation from the Supplier/Service Provider that the amounts claimed by the sub-contractor are correct and that the services for which the sub- contractor has requested payment were rendered to the satisfaction of the Supplier/Service Provider, against the required standards. 11.2 12.2 Nothing contained in this clause must be interpreted as bestowing on any sub-contractor a right or legitimate expectation to be paid directly by Transnet. Furthermore, this clause does not bestow any right or legitimate expectation on the Supplier/Service provider to demand that Transnet pay its sub-contractor directly. The decision to pay any sub-contractor directly, remains that of Transnet alone. 11.3 12.3 The Supplier/Service Provider remains liable for its contractual obligations under the Agreement, including all services rendered by the sub-contractor. 11.4 12.4 This clause does not establish any contractual relationship between Transnet and any sub- sub-contractor of the Supplier/Service Provider, whatsoever. 12 13 B-BBEE AND SOCIO-ECONOMIC OBLIGATIONS 12.1 13.1 B-BBEE Scorecard a) Transnet fully endorses and supports the Broad-Based Black Economic Empowerment Programme and is strongly of the opinion that all South African business enterprises have an equal obligation to redress the imbalances of the past. b) In response to this requirement, the Supplier/Service Provider shall submit to Transnet’s Contract Manager or such other designated person details of its B-BBEE status in terms of the latest Codes of Good Practice issued in terms of the B-BBEE Act and proof thereof at the beginning of March each year during the currency of this Agreement. c) The Supplier/Service Provider undertakes to notify and provide full details to Transnet in the event there is: (i) a change in the Supplier’s/Service Provider’s B-BBEE status which is less than what it was at the time of its appointment including the impact thereof; and (ii) a corporate or internal restructure or change in control of the Supplier/Service Provider which has or likely to impact negatively on the Supplier’s/ Service Provider’s B-BBEE status. d) Notwithstanding any other reporting requirement in terms hereof, the Supplier Service Provider undertakes to provide any B-BBEE data (underlying data relating to the Supplier /Service Provider which has been relied upon or utilised by a verification agency or auditor for the purposes of issuing a verification certificate in respect of the Supplier/Service Provider B-B- BBEE status) which Transnet may request on written notice within 30 (thirty) calendar days of such request. A failure to provide such data shall constitute a Supplier/ Service Provider Default and may be dealt with in accordance with the provisions of clause 23. e) In the event there is a change in the Supplier’s/ Service Provider’s B-BBEE status, then the provisions of clause 23 shall apply.

PAYMENT TO SUB-CONTRACTORS. 11.1 Transnet reserves the right, in its sole discretion, to make payment directly to the sub-contractor of the Supplier/Service Provider, subject to the following conditions: a) Receipt of an undisputed invoice from the sub-contractor; and b) Receipt of written confirmation from the Supplier/Service Provider that the amounts claimed by the sub-contractor are correct and that the services for which the sub- sub-contractor has requested payment were rendered to the satisfaction of the Supplier/Service Provider, against the required standards. 11.2 Nothing contained in this clause must be interpreted as bestowing on any sub-contractor a right or legitimate expectation to be paid directly by Transnet. Furthermore, this clause does not bestow any right or legitimate expectation on the Supplier/Service provider to demand that Transnet pay its sub-contractor directly. The decision to pay any sub-contractor directly, remains that of Transnet alone. 11.3 The Supplier/Service Provider remains liable for its contractual obligations under the Agreement, including all services rendered by the sub-contractor. 11.4 This clause does not establish any contractual relationship between Transnet and any sub- contractor of the Supplier/Service Provider, whatsoever. 12 B-BBEE AND SOCIO-ECONOMIC OBLIGATIONS 12.1 B-BBEE Scorecard a) Transnet fully endorses and supports the Broad-Based Black Economic Empowerment Programme and is strongly of the opinion that all South African business enterprises have an equal obligation to redress the imbalances of the past. b) In response to this requirement, the Supplier/Service Provider shall submit to Transnet’s Contract Manager or such other designated person details of its B-BBEE status in terms of the latest Codes of Good Practice issued in terms of the B-BBEE Act and proof thereof at the beginning of March each year during the currency of this Agreement. c) The Supplier/Service Provider undertakes to notify and provide full details to Transnet in the event there is: (i) a change in the Supplier’s/Service Provider’s B-BBEE status which is less than what it was at the time of its appointment including the impact thereof; and (ii) a corporate or internal restructure or change in control of the Supplier/Service Provider which has or likely to impact negatively on the Supplier’s/ Service Provider’s B-BBEE status. d) Notwithstanding any other reporting requirement in terms hereof, the Supplier Service Provider undertakes to provide any B-BBEE data (underlying data relating to the Supplier /Service Service Provider which has been relied upon or utilised by a verification agency or auditor for the purposes of issuing a verification certificate in respect of the Supplier/Service Provider B-BBEE status) which Transnet may request on written notice within 30 (thirty) calendar days of such request. A failure to provide such data shall constitute a Supplier/ Service Provider Default and may be dealt with in accordance with the provisions of clause 2324. e) In the event there is a change in the Supplier’s/ Service Provider’s B-BBEE status, then the provisions of clause 23 24 shall apply.

PAYMENT TO SUB-CONTRACTORS. 11.1 12.1 Transnet reserves the right, in its sole discretion, to make payment directly to the sub-contractor of the Supplier/Service Provider, subject to the following conditions: a) Receipt of an undisputed invoice from the sub-contractor; and b) Receipt of written confirmation from the Supplier/Service Provider that the amounts claimed by the sub-contractor are correct and that the services for which the sub- sub-contractor has requested payment were rendered to the satisfaction of the Supplier/Service Provider, against the required standards. 11.2 12.2 Nothing contained in this clause must be interpreted as bestowing on any sub-contractor a right or legitimate expectation to be paid directly by Transnet. Furthermore, this clause does not bestow any right or legitimate expectation on the Supplier/Service provider to demand that Transnet pay its sub-sub- contractor directly. The decision to pay any sub-contractor directly, remains that of Transnet alone. 11.3 12.3 The Supplier/Service Provider remains liable for its contractual obligations under the Agreement, including all services rendered by the sub-contractor. 11.4 12.4 This clause does not establish any contractual relationship between Transnet and any sub- contractor of the Supplier/Service Provider, whatsoever. 12 13 B-BBEE AND SOCIO-ECONOMIC OBLIGATIONS 12.1 13.1 B-BBEE Scorecard a) Transnet fully endorses and supports the Broad-Based Black Economic Empowerment Programme and is strongly of the opinion that all South African business enterprises have an equal obligation to redress the imbalances of the past. b) In response to this requirement, the Supplier/Service Provider shall submit to Transnet’s Contract Manager or such other designated person details of its B-BBEE status in terms of the latest Codes of Good Practice issued in terms of the B-BBEE Act and proof thereof at the beginning of March each year during the currency of this Agreement. c) The Supplier/Service Provider undertakes to notify and provide full details to Transnet in the event there is: (i) a change in the Supplier’s/Service Provider’s B-BBEE status which is less than what it was at the time of its appointment including the impact thereof; and (ii) a corporate or internal restructure or change in control of the Supplier/Service Provider which has or likely to impact negatively on the Supplier’s/ Service Provider’s B-BBEE status. d) Notwithstanding any other reporting requirement in terms hereof, the Supplier Service Provider undertakes to provide any B-BBEE data (underlying data relating to the Supplier /Service Provider which has been relied upon or utilised by a verification agency or auditor for the purposes of issuing a verification certificate in respect of the Supplier/Service Provider B-BBEE status) which Transnet may request on written notice within 30 (thirty) calendar days of such request. A failure to provide such data shall constitute a Supplier/ Service Provider Default and may be dealt with in accordance with the provisions of clause 2321. e) In the event there is a change in the Supplier’s/ Service Provider’s B-BBEE status, then the provisions of clause 23 21 shall apply.

PAYMENT TO SUB-CONTRACTORS. 11.1 12.1 Transnet reserves the right, in its sole discretion, to make payment directly to the sub-contractor of the Supplier/Service Provider, subject to the following conditions: a) Receipt of an undisputed invoice from the sub-contractor; and b) Receipt of written confirmation from the Supplier/Service Provider that the amounts claimed by the sub-contractor are correct and that the services for which the sub- sub-contractor has requested payment were rendered to the satisfaction of the Supplier/Service Provider, against the required standards. 11.2 12.2 Nothing contained in this clause must be interpreted as bestowing on any sub-contractor a right or legitimate expectation to be paid directly by Transnet. Furthermore, this clause does not bestow any right or legitimate expectation on the Supplier/Service provider to demand that Transnet pay its sub-contractor directly. The decision to pay any sub-contractor directly, remains that of Transnet alone. 11.3 12.3 The Supplier/Service Provider remains liable for its contractual obligations under the Agreement, including all services rendered by the sub-contractor. 11.4 12.4 This clause does not establish any contractual relationship between Transnet and any sub- contractor of the Supplier/Service Provider, whatsoever. 12 13 B-BBEE AND SOCIO-ECONOMIC OBLIGATIONS 12.1 13.1 B-BBEE Scorecard a) Transnet fully endorses and supports the Broad-Based Black Economic Empowerment Programme and is strongly of the opinion that all South African business enterprises have an equal obligation to redress the imbalances of the past. b) In response to this requirement, the Supplier/Service Provider shall submit to Transnet’s Contract Manager or such other designated person details of its B-BBEE status in terms of the latest Codes of Good Practice issued in terms of the B-BBEE Act and proof thereof at the beginning of March each year during the currency of this Agreement. c) The Supplier/Service Provider undertakes to notify and provide full details to Transnet in the event there is: (i) a change in the Supplier’s/Service Provider’s B-BBEE status which is less than what it was at the time of its appointment including the impact thereof; and (ii) a corporate or internal restructure or change in control of the Supplier/Service Provider which has or likely to impact negatively on the Supplier’s/ Service Provider’s B-BBEE status. d) Notwithstanding any other reporting requirement in terms hereof, the Supplier Service Provider undertakes to provide any B-BBEE data (underlying data relating to the Supplier /Service Service Provider which has been relied upon or utilised by a verification agency or auditor for the purposes of issuing a verification certificate in respect of the Supplier/Service Provider B-BBEE status) which Transnet may request on written notice within 30 (thirty) calendar days of such request. A failure to provide such data shall constitute a Supplier/ Service Provider Default and may be dealt with in accordance with the provisions of clause 2322. e) In the event there is a change in the Supplier’s/ Service Provider’s B-BBEE status, then the provisions of clause 23 22 shall apply.

PAYMENT TO SUB-CONTRACTORS. 11.1 Transnet reserves the right, in its sole discretion, to make payment directly to the sub-sub- contractor of the Supplier/Service Provider, subject to the following conditions: a) Receipt of an undisputed invoice from the sub-contractor; and b) Receipt of written confirmation from the Supplier/Service Provider that the amounts claimed by the sub-contractor are correct and that the services for which the sub- contractor has requested payment were rendered to the satisfaction of the Supplier/Service Provider, against the required standards. 11.2 Nothing contained in this clause must be interpreted as bestowing on any sub-contractor a right or legitimate expectation to be paid directly by Transnet. Furthermore, this clause does not bestow any right or legitimate expectation on the Supplier/Service provider to demand that Transnet pay its sub-contractor directly. The decision to pay any sub-sub- contractor directly, remains that of Transnet alone. 11.3 The Supplier/Service Provider remains liable for its contractual obligations under the Agreement, including all services rendered by the sub-contractor. 11.4 This clause does not establish any contractual relationship between Transnet and any sub- sub-contractor of the Supplier/Service Provider, whatsoever. 12 B-BBEE AND SOCIO-ECONOMIC OBLIGATIONS 12.1 B-BBEE Scorecard a) Transnet fully endorses and supports the Broad-Based Black Economic Empowerment Programme and is strongly of the opinion that all South African business enterprises have an equal obligation to redress the imbalances of the past. b) In response to this requirement, the Supplier/Service Provider shall submit to Transnet’s Contract Manager or such other designated person details of its B-BBEE status in terms of the latest Codes of Good Practice issued in terms of the B-BBEE Act and proof thereof at the beginning of March each year during the currency of this Agreement. c) The Supplier/Service Provider undertakes to notify and provide full details to Transnet in the event there is: (i) a change in the Supplier’s/Service Provider’s B-BBEE status which is less than what it was at the time of its appointment including the impact thereof; and (ii) a corporate or internal restructure or change in control of the Supplier/Service Provider which has or likely to impact negatively on the Supplier’s/ Service Provider’s B-BBEE status. d) Notwithstanding any other reporting requirement in terms hereof, the Supplier Service Provider undertakes to provide any B-BBEE data (underlying data relating to the Supplier /Service Provider which has been relied upon or utilised by a verification agency or auditor for the purposes of issuing a verification certificate in respect of the Supplier/Service Provider B-BBEE status) which Transnet may request on written notice within 30 (thirty) calendar days of such request. A failure to provide such data shall constitute a Supplier/ Service Provider Default and may be dealt with in accordance with the provisions of clause 2322. e) In the event there is a change in the Supplier’s/ Service Provider’s B-BBEE status, then the provisions of clause 23 22 shall apply.

PAYMENT TO SUB-CONTRACTORS. 11.1 12.1 Transnet reserves the right, in its sole discretion, to make payment directly to the sub-contractor of the Supplier/Service Provider, subject to the following conditions: a) Receipt of an undisputed invoice from the sub-contractor; and b) Receipt of written confirmation from the Supplier/Service Provider that the amounts claimed by the sub-contractor are correct and that the services for which the sub- sub-contractor has requested payment were rendered to the satisfaction of the Supplier/Service Provider, against the required standards. 11.2 12.2 Nothing contained in this clause must be interpreted as bestowing on any sub-contractor a right or legitimate expectation to be paid directly by Transnet. Furthermore, this clause does not bestow any right or legitimate expectation on the Supplier/Service provider to demand that Transnet pay its sub-contractor directly. The decision to pay any sub-contractor directly, remains that of Transnet alone. 11.3 12.3 The Supplier/Service Provider remains liable for its contractual obligations under the Agreement, including all services rendered by the sub-contractor. 11.4 12.4 This clause does not establish any contractual relationship between Transnet and any sub- sub-contractor of the Supplier/Service Provider, whatsoever. 12 13 B-BBEE AND SOCIO-ECONOMIC OBLIGATIONS 12.1 13.1 B-BBEE Scorecard a) Transnet fully endorses and supports the Broad-Based Black Economic Empowerment Programme and is strongly of the opinion that all South African business enterprises have an equal obligation to redress the imbalances of the past. b) In response to this requirement, the Supplier/Service Provider shall submit to Transnet’s Contract Manager or such other designated person details of its B-BBEE status in terms of the latest Codes of Good Practice issued in terms of the B-BBEE Act and proof thereof at the beginning of March each year during the currency of this Agreement. c) The Supplier/Service Provider undertakes to notify and provide full details to Transnet in the event there is: (i) a change in the Supplier’s/Service Provider’s B-BBEE status which is less than what it was at the time of its appointment including the impact thereof; and (ii) a corporate or internal restructure or change in control of the Supplier/Service Provider which has or likely to impact negatively on the Supplier’s/ Service Provider’s B-BBEE status. d) Notwithstanding any other reporting requirement in terms hereof, the Supplier Service Provider undertakes to provide any B-BBEE data (underlying data relating to the Supplier /Service Service Provider which has been relied upon or utilised by a verification agency or auditor for the purposes of issuing a verification certificate in respect of the Supplier/Service Provider B-BBEE status) which Transnet may request on written notice within 30 (thirty) calendar days of such request. A failure to provide such data shall constitute a Supplier/ Service Provider Default and may be dealt with in accordance with the provisions of clause 23249. e) In the event there is a change in the Supplier’s/ Service Provider’s B-BBEE status, then the provisions of clause 23 249 shall apply.

PAYMENT TO SUB-CONTRACTORS. 11.1 Transnet reserves the right, in its sole discretion, to make payment directly to the sub-contractor of the Supplier/Service Provider, subject to the following conditions: a) Receipt of an undisputed invoice from the sub-contractor; and b) Receipt of written confirmation from the Supplier/Service Provider Supplier that the amounts claimed by the sub-sub- contractor are correct and that the services for which the sub- sub-contractor has requested payment were rendered to the satisfaction of the Supplier/Service Provider, against the required standards. 11.2 Nothing contained in this clause must be interpreted as bestowing on any sub-contractor a right or legitimate expectation to be paid directly by Transnet. Furthermore, this clause does not bestow any right or legitimate expectation on the Supplier/Service provider Supplier to demand that Transnet pay its sub-contractor directly. The decision to pay any sub-contractor directly, remains that of Transnet alone. 11.3 The Supplier/Service Provider Supplier remains liable for its contractual obligations under the Agreement, including all services rendered by the sub-contractor. 11.4 This clause does not establish any contractual relationship between Transnet and any sub- sub-contractor of the Supplier/Service Provider, whatsoever. 12 B-BBEE AND SOCIO-ECONOMIC OBLIGATIONS 12.1 B-BBEE Scorecard a) Transnet fully endorses and supports the Broad-Based Black Economic Empowerment Programme and is strongly of the opinion that all South African business enterprises have an equal obligation to redress the imbalances of the past. b) In response to this requirement, the Supplier/Service Provider Supplier shall submit to Transnet’s Contract Manager or such other designated person details of its B-BBEE status in terms of the latest Codes of Good Practice issued in terms of the B-BBEE Act and proof thereof at the beginning of March each year during the currency of this Agreement. c) The Supplier/Service Provider Supplier undertakes to notify and provide full details to Transnet in the event there is: (i) a change in the Supplier’s/Service Provider’s B-BBEE status which is less than what it was at the time of its appointment including the impact thereof; and (ii) a corporate or internal restructure or change in control of the Supplier/Service Provider Supplier which has or likely to impact negatively on the Supplier’s/ Service Provider’s B-BBEE status. d) Notwithstanding any other reporting requirement in terms hereof, the Supplier Service Provider undertakes to provide any B-BBEE data (underlying data relating to the Supplier /Service Provider which has been relied upon or utilised by a verification agency or auditor for the purposes of issuing a verification certificate in respect of the Supplier/Service Provider Supplier B-BBEE status) which Transnet may request on written notice within 30 (thirty) calendar days of such request. A failure to provide such data shall constitute a Supplier/ Service Provider Default and may be dealt with in accordance with the provisions of clause 23. e) In the event there is a change in the Supplier’s/ Service Provider’s B-BBEE status, then the provisions of clause 23 shall apply.

PAYMENT TO SUB-CONTRACTORS. 11.1 Transnet reserves the right, in its sole discretion, to make payment directly to the sub-contractor of the Supplier/Service Provider, subject to the following conditions: a) Receipt of an undisputed invoice from the sub-contractor; and b) Receipt of written confirmation from the Supplier/Service Provider that the amounts claimed by the sub-contractor are correct and that the services for which the sub- sub-contractor has requested payment were rendered to the satisfaction of the Supplier/Service Provider, against the required standards. 11.2 Nothing contained in this clause must be interpreted as bestowing on any sub-contractor a right or legitimate expectation to be paid directly by Transnet. Furthermore, this clause does not bestow any right or legitimate expectation on the Supplier/Service provider to demand that Transnet pay its sub-contractor directly. The decision to pay any sub-sub- contractor directly, remains that of Transnet alone. 11.3 The Supplier/Service Provider remains liable for its contractual obligations under the Agreement, including all services rendered by the sub-contractor. 11.4 This clause does not establish any contractual relationship between Transnet and any sub- sub-contractor of the Supplier/Service Provider, whatsoever. 12 B-BBEE AND SOCIO-ECONOMIC OBLIGATIONS 12.1 B-BBEE Scorecard a) Transnet fully endorses and supports the Broad-Based Black Economic Empowerment Programme and is strongly of the opinion that all South African business enterprises have an equal obligation to redress the imbalances of the past. b) In response to this requirement, the Supplier/Service Provider shall submit to Transnet’s Contract Manager or such other designated person details of its B-BBEE status in terms of the latest Codes of Good Practice issued in terms of the B-BBEE Act and proof thereof at the beginning of March each year during the currency of this Agreement. c) The Supplier/Service Provider undertakes to notify and provide full details to Transnet in the event there is: (i) a change in the Supplier’s/Service Provider’s B-BBEE status which is less than what it was at the time of its appointment including the impact thereof; and (ii) a corporate or internal restructure or change in control of the Supplier/Service Provider which has or likely to impact negatively on the Supplier’s/ Service Provider’s B-BBEE status. d) Notwithstanding any other reporting requirement in terms hereof, the Supplier Service Provider undertakes to provide any B-BBEE data (underlying data relating to the Supplier /Service Provider which has been relied upon or utilised by a verification agency or auditor for the purposes of issuing a verification certificate in respect of the Supplier/Service Provider B-BBEE status) which Transnet may request on written notice within 30 (thirty) calendar days of such request. A failure to provide such data shall constitute a Supplier/ Service Provider Default and may be dealt with in accordance with the provisions of clause 2319. e) In the event there is a change in the Supplier’s/ Service Provider’s B-BBEE status, then the provisions of clause 23 19 shall apply.

PAYMENT TO SUB-CONTRACTORS. 11.1 12.1 Transnet reserves the right, in its sole discretion, to make payment directly to the sub-contractor of the Supplier/Service Provider, subject to the following conditions: a) Receipt of an undisputed invoice from the sub-contractor; and b) Receipt of written confirmation from the Supplier/Service Provider that the amounts claimed by the sub-contractor are correct and that the services for which the sub- sub-contractor has requested payment were rendered to the satisfaction of the Supplier/Service Provider, against the required standards. 11.2 12.2 Nothing contained in this clause must be interpreted as bestowing on any sub-contractor a right or legitimate expectation to be paid directly by Transnet. Furthermore, this clause does not bestow any right or legitimate expectation on the Supplier/Service provider to demand that Transnet pay its sub-contractor directly. The decision to pay any sub-contractor directly, remains that of Transnet alone. 11.3 12.3 The Supplier/Service Provider remains liable for its contractual obligations under the Agreement, including all services rendered by the sub-contractor. 11.4 12.4 This clause does not establish any contractual relationship between Transnet and any sub- sub-contractor of the Supplier/Service Provider, whatsoever. 12 13 B-BBEE AND SOCIO-ECONOMIC OBLIGATIONS 12.1 13.1 B-BBEE Scorecard a) Transnet fully endorses and supports the Broad-Based Black Economic Empowerment Programme and is strongly of the opinion that all South African business enterprises have an equal obligation to redress the imbalances of the past. b) In response to this requirement, the Supplier/Service Provider shall submit to Transnet’s Contract Manager or such other designated person details of its B-BBEE status in terms of the latest Codes of Good Practice issued in terms of the B-BBEE Act and proof thereof at the beginning of March each year during the currency of this Agreement. c) The Supplier/Service Provider undertakes to notify and provide full details to Transnet in the event there is: (i) a change in the Supplier’s/Service Provider’s B-BBEE status which is less than what it was at the time of its appointment including the impact thereof; and (ii) a corporate or internal restructure or change in control of the Supplier/Service Provider which has or likely to impact negatively on the Supplier’s/ Service Provider’s B-BBEE status. d) Notwithstanding any other reporting requirement in terms hereof, the Supplier Service Provider undertakes to provide any B-BBEE data (underlying data relating to the Supplier /Service Service Provider which has been relied upon or utilised by a verification agency or auditor for the purposes of issuing a verification certificate in respect of the Supplier/Service Provider B-BBEE status) which Transnet may request on written notice within 30 (thirty) calendar days of such request. A failure to provide such data shall constitute a Supplier/ Service Provider Default and may be dealt with in accordance with the provisions of clause 2321. e) In the event there is a change in the Supplier’s/ Service Provider’s B-BBEE status, then the provisions of clause 23 21 shall apply.

PAYMENT TO SUB-CONTRACTORS. 11.1 Transnet reserves the right, in its sole discretion, to make payment directly to the sub-contractor of the Supplier/Service Provider, subject to the following conditions: a) Receipt of an undisputed invoice from the sub-contractor; and b) Receipt of written confirmation from the Supplier/Service Provider Supplier that the amounts claimed by the sub-sub- contractor are correct and that the services for which the sub- sub-contractor has requested payment were rendered to the satisfaction of the Supplier/Service Provider, against the required standards. 11.2 Nothing contained in this clause must be interpreted as bestowing on any sub-contractor a right or legitimate expectation to be paid directly by Transnet. Furthermore, this clause does not bestow any right or legitimate expectation on the Supplier/Service provider Supplier to demand that Transnet pay its sub-contractor directly. The decision to pay any sub-contractor directly, remains that of Transnet alone. 11.3 The Supplier/Service Provider Supplier remains liable for its contractual obligations under the Agreement, including all services rendered by the sub-contractor. 11.4 This clause does not establish any contractual relationship between Transnet and any sub- contractor of the Supplier/Service Provider, whatsoever. 12 B-BBEE AND SOCIO-ECONOMIC OBLIGATIONS 12.1 B-BBEE Scorecard a) Transnet fully endorses and supports the Broad-Based Black Economic Empowerment Programme and is strongly of the opinion that all South African business enterprises have an equal obligation to redress the imbalances of the past. b) In response to this requirement, the Supplier/Service Provider Supplier shall submit to Transnet’s Contract Manager or such other designated person details of its B-BBEE status in terms of the latest Codes of Good Practice issued in terms of the B-BBEE Act and proof thereof at the beginning of March each year during the currency of this Agreement. c) The Supplier/Service Provider Supplier/ undertakes to notify and provide full details to Transnet in the event there is: (i) a change in the Supplier’s/Service ProviderSupplier’s B-BBEE status which is less than what it was at the time of its appointment including the impact thereof; and (ii) a corporate or internal restructure or change in control of the Supplier/Service Provider Supplier which has or likely to impact negatively on the Supplier’s/ Service ProviderSupplier’s B-BBEE status. d) Notwithstanding any other reporting requirement in terms hereof, the Supplier Service Provider undertakes to provide any B-BBEE data (underlying data relating to the Supplier /Service Provider which has been relied upon or utilised by a verification agency or auditor for the purposes of issuing a verification certificate in respect of the Supplier/Service Provider Supplier B-BBEE status) which Transnet may request on written notice within 30 (thirty) calendar days of such request. A failure to provide such data shall constitute a Supplier/ Service Provider Supplier Default and may be dealt with in accordance with the provisions of clause 2321. e) In the event there is a change in the Supplier’s/ Service ProviderSupplier’s B-BBEE status, then the provisions of clause 23 21 shall apply.

PAYMENT TO SUB-CONTRACTORS. 11.1 Transnet reserves the right, in its sole discretion, to make payment directly to the sub-sub- contractor of the Supplier/Service Provider, subject to the following conditions: a) Receipt of an undisputed invoice from the sub-contractor; and b) Receipt of written confirmation from the Supplier/Service Provider Supplier that the amounts claimed by the sub-sub- contractor are correct and that the services for which the sub- sub-contractor has requested payment were rendered to the satisfaction of the Supplier/Service Supplier Provider, against the required standards. 11.2 Nothing contained in this clause must be interpreted as bestowing on any sub-contractor a right or legitimate expectation to be paid directly by Transnet. Furthermore, this clause does not bestow any right or legitimate expectation on the Supplier/Service provider Supplier to demand that Transnet pay its sub-contractor directly. The decision to pay any sub-contractor directly, remains that of Transnet alone. 11.3 The Supplier/Service Provider Supplier remains liable for its contractual obligations under the Agreement, including all services rendered by the sub-contractor. 11.4 This clause does not establish any contractual relationship between Transnet and any sub- sub-contractor of the Supplier/Service Provider, whatsoever. 12 B-BBEE AND SOCIO-ECONOMIC OBLIGATIONS 12.1 B-BBEE Scorecard a) Transnet fully endorses and supports the Broad-Based Black Economic Empowerment Programme and is strongly of the opinion that all South African business enterprises have an equal obligation to redress the imbalances of the past. b) In response to this requirement, the Supplier/Service Provider Supplier shall submit to Transnet’s Contract Manager or such other designated person details of its B-BBEE status in terms of the latest Codes of Good Practice issued in terms of the B-BBEE Act and proof thereof at the beginning of March each year during the currency of this Agreement. c) The Supplier/Service Provider Supplier undertakes to notify and provide full details to Transnet in the event there is: (i) a change in the Supplier’s/Service ProviderSupplier’s B-BBEE status which is less than what it was at the time of its appointment including the impact thereof; and (ii) a corporate or internal restructure or change in control of the Supplier/Service Provider Supplier which has or likely to impact negatively on the Supplier’s/ Service ProviderSupplier’s B-BBEE status. d) Notwithstanding any other reporting requirement in terms hereof, the Supplier Service Provider undertakes to provide any B-BBEE data (underlying data relating to the Supplier /Service Provider which has been relied upon or utilised by a verification agency or auditor for the purposes of issuing a verification certificate in respect of the Supplier/Service Provider Supplier B-BBEE status) which Transnet may request on written notice within 30 (thirty) calendar days of such request. A failure to provide such data shall constitute a Supplier/ Service Provider Default and may be dealt with in accordance with the provisions of clause 2322. e) In the event there is a change in the Supplier’s/ Service ProviderSupplier’s B-BBEE status, then the provisions of clause 23 22 shall apply.

PAYMENT TO SUB-CONTRACTORS. 11.1 12.1 Transnet reserves the right, in its sole discretion, to make payment directly to the sub-contractor of the Supplier/Service Provider, subject to the following conditions: a) Receipt of an undisputed invoice from the sub-contractor; and b) Receipt of written confirmation from the Supplier/Service Provider that the amounts claimed by the sub-contractor are correct and that the services for which the sub- contractor has requested payment were rendered to the satisfaction of the Supplier/Service Provider, against the required standards. 11.2 12.2 Nothing contained in this clause must be interpreted as bestowing on any sub-contractor a right or legitimate expectation to be paid directly by Transnet. Furthermore, this clause does not bestow any right or legitimate expectation on the Supplier/Service provider to demand that Transnet pay its sub-contractor directly. The decision to pay any sub-contractor directly, remains that of Transnet alone. 11.3 12.3 The Supplier/Service Provider remains liable for its contractual obligations under the Agreement, including all services rendered by the sub-contractor. 11.4 12.4 This clause does not establish any contractual relationship between Transnet and any sub- sub-contractor of the Supplier/Service Provider, whatsoever. 12 13 B-BBEE AND SOCIO-ECONOMIC OBLIGATIONS 12.1 13.1 B-BBEE Scorecard a) Transnet fully endorses and supports the Broad-Based Black Economic Empowerment Programme and is strongly of the opinion that all South African business enterprises have an equal obligation to redress the imbalances of the past. b) In response to this requirement, the Supplier/Service Provider shall submit to Transnet’s Contract Manager or such other designated person details of its B-BBEE status in terms of the latest Codes of Good Practice issued in terms of the B-BBEE Act and proof thereof at the beginning of March each year during the currency of this Agreement. c) The Supplier/Service Provider undertakes to notify and provide full details to Transnet in the event there is: (i) a change in the Supplier’s/Service Provider’s B-BBEE status which is less than what it was at the time of its appointment including the impact thereof; and (ii) a corporate or internal restructure or change in control of the Supplier/Service Provider which has or likely to impact negatively on the Supplier’s/ Service Provider’s B-BBEE status. d) Notwithstanding any other reporting requirement in terms hereof, the Supplier Service Provider undertakes to provide any B-BBEE data (underlying data relating to the Supplier /Service Service Provider which has been relied upon or utilised by a verification agency or auditor for the purposes of issuing a verification certificate in respect of the Supplier/Service Provider B-BBEE status) which Transnet may request on written notice within 30 (thirty) calendar days of such request. A failure to provide such data shall constitute a Supplier/ Service Provider Default and may be dealt with in accordance with the provisions of clause 2322. e) In the event there is a change in the Supplier’s/ Service Provider’s B-BBEE status, then the provisions of clause 23 22 shall apply.

PAYMENT TO SUB-CONTRACTORS. 11.1 Transnet reserves the right, in its sole discretion, to make payment directly to the sub-contractor of the Supplier/Service Provider, subject to the following conditions: a) Receipt of an undisputed invoice from the sub-contractor; and b) Receipt of written confirmation from the Supplier/Service Provider that the amounts claimed by the sub-contractor are correct and that the services for which the sub- contractor has requested payment were rendered to the satisfaction of the Supplier/Service Provider, against the required standards. 11.2 Nothing contained in this clause must be interpreted as bestowing on any sub-contractor a right or legitimate expectation to be paid directly by Transnet. Furthermore, this clause does not bestow any right or legitimate expectation on the Supplier/Service provider to demand that Transnet pay its sub-contractor directly. The decision to pay any sub-contractor directly, remains that of Transnet alone. 11.3 The Supplier/Service Provider remains liable for its contractual obligations under the Agreement, including all services rendered by the sub-contractor. 11.4 This clause does not establish any contractual relationship between Transnet and any sub- contractor of the Supplier/Service Provider, whatsoever. 12 B-BBEE AND SOCIO-ECONOMIC OBLIGATIONS 12.1 B-BBEE Scorecard a) Transnet fully endorses and supports the Broad-Based Black Economic Empowerment Programme and is strongly of the opinion that all South African business enterprises have an equal obligation to redress the imbalances of the past. b) In response to this requirement, the Supplier/Service Provider shall submit to Transnet’s Contract Manager or such other designated person details of its B-BBEE status in terms of the latest Codes of Good Practice issued in terms of the B-BBEE Act and proof thereof at the beginning of March each year during the currency of this Agreement. c) The Supplier/Service Provider undertakes to notify and provide full details to Transnet in the event there is: (i) a change in the Supplier’s/Service Provider’s B-BBEE status which is less than what it was at the time of its appointment including the impact thereof; and (ii) a corporate or internal restructure or change in control of the Supplier/Service Provider which has or likely to impact negatively on the Supplier’s/ Service Provider’s B-BBEE status. d) Notwithstanding any other reporting requirement in terms hereof, the Supplier Service Provider undertakes to provide any B-BBEE data (underlying data relating to the Supplier /Service Provider which has been relied upon or utilised by a verification agency or auditor for the purposes of issuing a verification certificate in respect of the Supplier/Service Provider B-BBEE status) which Transnet may request on written notice within 30 (thirty) calendar days of such request. A failure to provide such data shall constitute a Supplier/ Service Provider Default and may be dealt with in accordance with the provisions of clause 2325. e) In the event there is a change in the Supplier’s/ Service Provider’s B-BBEE status, then the provisions of clause 23 25 shall apply.

PAYMENT TO SUB-CONTRACTORS. 11.1 12.1 Transnet reserves the right, in its sole discretion, to make payment directly to the sub-sub- contractor of the Supplier/Service Provider, subject to the following conditions: a) Receipt of an undisputed invoice from the sub-contractor; and b) Receipt of written confirmation from the Supplier/Service Provider that the amounts claimed by the sub-contractor are correct and that the services for which the sub- sub-contractor has requested payment were rendered to the satisfaction of the Supplier/Service Provider, against the required standards. 11.2 12.2 Nothing contained in this clause must be interpreted as bestowing on any sub-contractor a right or legitimate expectation to be paid directly by Transnet. Furthermore, this clause does not bestow any right or legitimate expectation on the Supplier/Service provider to demand that Transnet pay its sub-contractor directly. The decision to pay any sub-contractor directly, remains that of Transnet alone. 11.3 12.3 The Supplier/Service Provider remains liable for its contractual obligations under the Agreement, including all services rendered by the sub-contractor. 11.4 12.4 This clause does not establish any contractual relationship between Transnet and any sub- sub-contractor of the Supplier/Service Provider, whatsoever. 12 13 B-BBEE AND SOCIO-ECONOMIC OBLIGATIONS 12.1 13.1 B-BBEE Scorecard a) Transnet fully endorses and supports the Broad-Based Black Economic Empowerment Programme and is strongly of the opinion that all South African business enterprises have an equal obligation to redress the imbalances of the past. b) In response to this requirement, the Supplier/Service Provider shall submit to Transnet’s Contract Manager or such other designated person details of its B-BBEE status in terms of the latest Codes of Good Practice issued in terms of the B-BBEE Act and proof thereof at the beginning of March each year during the currency of this Agreement. c) The Supplier/Service Provider undertakes to notify and provide full details to Transnet in the event there is: (i) a change in the Supplier’s/Service Provider’s B-BBEE status which is less than what it was at the time of its appointment including the impact thereof; and (ii) a corporate or internal restructure or change in control of the Supplier/Service Provider which has or likely to impact negatively on the Supplier’s/ Service Provider’s B-BBEE status. d) Notwithstanding any other reporting requirement in terms hereof, the Supplier Service Provider undertakes to provide any B-BBEE data (underlying data relating to the Supplier /Service Service Provider which has been relied upon or utilised by a verification agency or auditor for the purposes of issuing a verification certificate in respect of the Supplier/Service Provider B-BBEE status) which Transnet may request on written notice within 30 (thirty) calendar days of such request. A failure to provide such data shall constitute a Supplier/ Service Provider Default and may be dealt with in accordance with the provisions of clause 2322. e) In the event there is a change in the Supplier’s/ Service Provider’s B-BBEE status, then the provisions of clause 23 22 shall apply.

PAYMENT TO SUB-CONTRACTORS. 11.1 12.1 Transnet reserves the right, in its sole discretion, to make payment directly to the sub-contractor of the Supplier/Service Provider, subject to the following conditions: a) Receipt of an undisputed invoice from the sub-contractor; and b) Receipt of written confirmation from the Supplier/Service Provider that the amounts claimed by the sub-contractor are correct and that the services for which the sub- sub-contractor has requested payment were rendered to the satisfaction of the Supplier/Service Provider, against the required standards. 11.2 12.2 Nothing contained in this clause must be interpreted as bestowing on any sub-contractor a right or legitimate expectation to be paid directly by Transnet. Furthermore, this clause does not bestow any right or legitimate expectation on the Supplier/Service provider to demand that Transnet pay its sub-sub- contractor directly. The decision to pay any sub-contractor directly, remains that of Transnet alone. 11.3 12.3 The Supplier/Service Provider remains liable for its contractual obligations under the Agreement, including all services rendered by the sub-contractor. 11.4 12.4 This clause does not establish any contractual relationship between Transnet and any sub- contractor of the Supplier/Service Provider, whatsoever. 12 13 B-BBEE AND SOCIO-ECONOMIC OBLIGATIONS 12.1 13.1 B-BBEE Scorecard a) Transnet fully endorses and supports the Broad-Based Black Economic Empowerment Programme and is strongly of the opinion that all South African business enterprises have an equal obligation to redress the imbalances of the past. b) In response to this requirement, the Supplier/Service Provider shall submit to Transnet’s Contract Manager or such other designated person details of its B-BBEE status in terms of the latest Codes of Good Practice issued in terms of the B-BBEE Act and proof thereof at the beginning of March each year during the currency of this Agreement. c) The Supplier/Service Provider undertakes to notify and provide full details to Transnet in the event there is: (i) a change in the Supplier’s/Service Provider’s B-BBEE status which is less than what it was at the time of its appointment including the impact thereof; and (ii) a corporate or internal restructure or change in control of the Supplier/Service Provider which has or likely to impact negatively on the Supplier’s/ Service Provider’s B-BBEE status. d) Notwithstanding any other reporting requirement in terms hereof, the Supplier Service Provider undertakes to provide any B-BBEE data (underlying data relating to the Supplier /Service Service Provider which has been relied upon or utilised by a verification agency or auditor for the purposes of issuing a verification certificate in respect of the Supplier/Service Provider B-BBEE status) which Transnet may request on written notice within 30 (thirty) calendar days of such request. A failure to provide such data shall constitute a Supplier/ Service Provider Default and may be dealt with in accordance with the provisions of clause 2322. e) In the event there is a change in the Supplier’s/ Service Provider’s B-BBEE status, then the provisions of clause 23 22 shall apply.

PAYMENT TO SUB-CONTRACTORS. 11.1 12.1 Transnet reserves the right, in its sole discretion, to make payment directly to the sub-contractor of the Supplier/Service Provider, subject to the following conditions: a) Receipt of an undisputed invoice from the sub-contractor; and b) Receipt of written confirmation from the Supplier/Service Provider that the amounts claimed by the sub-sub- contractor are correct and that the services for which the sub- sub-contractor has requested payment were rendered to the satisfaction of the Supplier/Service Provider, against the required standards. 11.2 12.2 Nothing contained in this clause must be interpreted as bestowing on any sub-contractor a right or legitimate expectation to be paid directly by Transnet. Furthermore, this clause does not bestow any right or legitimate expectation on the Supplier/Service provider to demand that Transnet pay its sub-contractor directly. The decision to pay any sub-contractor directly, remains that of Transnet alone. 11.3 12.3 The Supplier/Service Provider remains liable for its contractual obligations under the Agreement, including all services rendered by the sub-contractor. 11.4 12.4 This clause does not establish any contractual relationship between Transnet and any sub- sub-contractor of the Supplier/Service Provider, whatsoever. 12 13 B-BBEE AND SOCIO-ECONOMIC OBLIGATIONS 12.1 13.1 B-BBEE Scorecard a) Transnet fully endorses and supports the Broad-Based Black Economic Empowerment Programme and is strongly of the opinion that all South African business enterprises have an equal obligation to redress the imbalances of the past. b) In response to this requirement, the Supplier/Service Provider shall submit to Transnet’s Contract Manager or such other designated person details of its B-BBEE status in terms of the latest Codes of Good Practice issued in terms of the B-BBEE Act and proof thereof at the beginning of March each year during the currency of this Agreement. c) The Supplier/Service Provider undertakes to notify and provide full details to Transnet in the event there is: (i) a change in the Supplier’s/Service Provider’s B-BBEE status which is less than what it was at the time of its appointment including the impact thereof; and (ii) a corporate or internal restructure or change in control of the Supplier/Service Provider which has or likely to impact negatively on the Supplier’s/ Service Provider’s B-BBEE status. d) Notwithstanding any other reporting requirement in terms hereof, the Supplier Service Provider undertakes to provide any B-BBEE data (underlying data relating to the Supplier /Service Provider which has been relied upon or utilised by a verification agency or auditor for the purposes of issuing a verification certificate in respect of the Supplier/Service Provider B-BBEE status) which Transnet may request on written notice within 30 (thirty) calendar days of such request. A failure to provide such data shall constitute a Supplier/ Service Provider Default and may be dealt with in accordance with the provisions of clause 2322. e) In the event there is a change in the Supplier’s/ Service Provider’s B-BBEE status, then the provisions of clause 23 22 shall apply.

PAYMENT TO SUB-CONTRACTORS. 11.1 12.1 Transnet reserves the right, in its sole discretion, to make payment directly to the sub-contractor of the Supplier/Service Provider, subject to the following conditions: a) Receipt of an undisputed invoice from the sub-contractor; and b) Receipt of written confirmation from the Supplier/Service Provider that the amounts claimed by the sub-contractor are correct and that the services for which the sub- sub-contractor has requested payment were rendered to the satisfaction of the Supplier/Service Provider, against the required standards. 11.2 12.2 Nothing contained in this clause must be interpreted as bestowing on any sub-contractor a right or legitimate expectation to be paid directly by Transnet. Furthermore, this clause does not bestow any right or legitimate expectation on the Supplier/Service provider to demand that Transnet pay its sub-contractor directly. The decision to pay any sub-contractor directly, remains that of Transnet alone. 11.3 12.3 The Supplier/Service Provider remains liable for its contractual obligations under the Agreement, including all services rendered by the sub-contractor. 11.4 12.4 This clause does not establish any contractual relationship between Transnet and any sub- sub-contractor of the Supplier/Service Provider, whatsoever. 12 13 B-BBEE AND SOCIO-ECONOMIC OBLIGATIONS 12.1 13.1 B-BBEE Scorecard a) Transnet fully endorses and supports the Broad-Based Black Economic Empowerment Programme and is strongly of the opinion that all South African business enterprises have an equal obligation to redress the imbalances of the past. b) In response to this requirement, the Supplier/Service Provider shall submit to Transnet’s Contract Manager or such other designated person details of its B-BBEE status in terms of the latest Codes of Good Practice issued in terms of the B-BBEE Act and proof thereof at the beginning of March each year during the currency of this Agreement. c) The Supplier/Service Provider undertakes to notify and provide full details to Transnet in the event there is: (i) a change in the Supplier’s/Service Provider’s B-BBEE status which is less than what it was at the time of its appointment including the impact thereof; and (ii) a corporate or internal restructure or change in control of the Supplier/Service Provider which has or likely to impact negatively on the Supplier’s/ Service Provider’s B-BBEE status. d) Notwithstanding any other reporting requirement in terms hereof, the Supplier Service Provider undertakes to provide any B-BBEE data (underlying data relating to the Supplier /Service Service Provider which has been relied upon or utilised by a verification agency or auditor for the purposes of issuing a verification certificate in respect of the Supplier/Service Provider B-BBEE status) which Transnet may request on written notice within 30 (thirty) calendar days of such request. A failure to provide such data shall constitute a Supplier/ Service Provider Default and may be dealt with in accordance with the provisions of clause 23. e) In the event there is a change in the Supplier’s/ Service Provider’s B-BBEE status, then the provisions of clause 23 shall apply.

PAYMENT TO SUB-CONTRACTORS. 11.1 Transnet reserves the right, in its sole discretion, to make payment directly to the sub-contractor of the Supplier/Service Provider, subject to the following conditions: a) Receipt of an undisputed invoice from the sub-contractor; and b) Receipt of written confirmation from the Supplier/Service Provider Supplier that the amounts claimed by the sub-contractor are correct and that the services for which the sub- sub-contractor has requested payment were rendered to the satisfaction of the Supplier/Service Provider, against the required standards. 11.2 Nothing contained in this clause must be interpreted as bestowing on any sub-contractor a right or legitimate expectation to be paid directly by Transnet. Furthermore, this clause does not bestow any right or legitimate expectation on the Supplier/Service provider Supplier to demand that Transnet pay its sub-contractor directly. The decision to pay any sub-contractor directly, remains that of Transnet alone. 11.3 The Supplier/Service Provider Supplier remains liable for its contractual obligations under the Agreement, including all services rendered by the sub-contractor. 11.4 This clause does not establish any contractual relationship between Transnet and any sub- sub-contractor of the Supplier/Service Provider, whatsoever. 12 B-BBEE AND SOCIO-ECONOMIC OBLIGATIONS 12.1 B-BBEE Scorecard a) Transnet fully endorses and supports the Broad-Based Black Economic Empowerment Programme and is strongly of the opinion that all South African business enterprises have an equal obligation to redress the imbalances of the past. b) In response to this requirement, the Supplier/Service Provider Supplier shall submit to Transnet’s Contract Manager or such other designated person details of its B-BBEE status in terms of the latest Codes of Good Practice issued in terms of the B-BBEE Act and proof thereof at the beginning of March each year during the currency of this Agreement. c) The Supplier/Service Provider Supplier undertakes to notify and provide full details to Transnet in the event there is: (i) a change in the Supplier’s/Service Provider’s B-BBEE status which is less than what it was at the time of its appointment including the impact thereof; and (ii) a corporate or internal restructure or change in control of the Supplier/Service Provider Supplier which has or likely to impact negatively on the Supplier’s/ Service Provider’s B-BBEE status. d) Notwithstanding any other reporting requirement in terms hereof, the Supplier Service Provider undertakes to provide any B-BBEE data (underlying data relating to the Supplier /Service Provider which has been relied upon or utilised by a verification agency or auditor for the purposes of issuing a verification certificate in respect of the Supplier/Service Provider Supplier B-BBEE status) which Transnet may request on written notice within 30 (thirty) calendar days of such request. A failure to provide such data shall constitute a Supplier/ Service Provider Default and may be dealt with in accordance with the provisions of clause 23. e) In the event there is a change in the Supplier’s/ Service Provider’s B-BBEE status, then the provisions of clause 23 shall apply.

PAYMENT TO SUB-CONTRACTORS. 11.1 12.1 Transnet reserves the right, in its sole discretion, to make payment directly to the sub-contractor of the Supplier/Service Provider, subject to the following conditions: a) Receipt of an undisputed invoice from the sub-contractor; and b) Receipt of written confirmation from the Supplier/Service Provider that the amounts claimed by the sub-contractor are correct and that the services for which the sub- sub-contractor has requested payment were rendered to the satisfaction of the Supplier/Service Provider, against the required standards. 11.2 12.2 Nothing contained in this clause must be interpreted as bestowing on any sub-contractor a right or legitimate expectation to be paid directly by Transnet. Furthermore, this clause does not bestow any right or legitimate expectation on the Supplier/Service provider to demand that Transnet pay its sub-sub- contractor directly. The decision to pay any sub-contractor directly, remains that of Transnet alone. 11.3 12.3 The Supplier/Service Provider remains liable for its contractual obligations under the Agreement, including all services rendered by the sub-contractor. 11.4 12.4 This clause does not establish any contractual relationship between Transnet and any sub- contractor of the Supplier/Service Provider, whatsoever. 12 13 B-BBEE AND SOCIO-ECONOMIC OBLIGATIONS 12.1 13.1 B-BBEE Scorecard a) Transnet fully endorses and supports the Broad-Based Black Economic Empowerment Programme and is strongly of the opinion that all South African business enterprises have an equal obligation to redress the imbalances of the past. b) In response to this requirement, the Supplier/Service Provider shall submit to Transnet’s Contract Manager or such other designated person details of its B-BBEE status in terms of the latest Codes of Good Practice issued in terms of the B-BBEE Act and proof thereof at the beginning of March each year during the currency of this Agreement. c) The Supplier/Service /Service Provider undertakes to notify and provide full details to Transnet in the event there is: (i) a change in the Supplier’s/Service Provider’s B-BBEE status which is less than what it was at the time of its appointment including the impact thereof; and (ii) a corporate or internal restructure or change in control of the Supplier/Service Provider which has or likely to impact negatively on the Supplier’s/ Service Provider’s B-BBEE status. d) Notwithstanding any other reporting requirement in terms hereof, the Supplier Service Provider undertakes to provide any B-BBEE data (underlying data relating to the Supplier /Service Service Provider which has been relied upon or utilised by a verification agency or auditor for the purposes of issuing a verification certificate in respect of the Supplier/Service Provider B-BBEE status) which Transnet may request on written notice within 30 (thirty) calendar days of such request. A failure to provide such data shall constitute a Supplier/ Service Provider Default and may be dealt with in accordance with the provisions of clause 2321. e) In the event there is a change in the Supplier’s/ Service Provider’s B-BBEE status, then the provisions of clause 23 21 shall apply.

PAYMENT TO SUB-CONTRACTORS. 11.1 10.1 Transnet reserves the right, in its sole discretion, to make payment directly to the sub-contractor of the Supplier/Service Provider, subject to the following conditions: a) Receipt of an undisputed invoice from the sub-contractor; and b) Receipt of written confirmation from the Supplier/Service Provider Supplier that the amounts claimed by the sub-contractor are correct and that the services for which the sub- sub-contractor has requested payment were rendered to the satisfaction of the Supplier/Service Provider, against the required standards. 11.2 10.2 Nothing contained in this clause must be interpreted as bestowing on any sub-contractor a right or legitimate expectation to be paid directly by Transnet. Furthermore, this clause does not bestow any right or legitimate expectation on the Supplier/Service provider Supplier to demand that Transnet pay its sub-sub- contractor directly. The decision to pay any sub-contractor directly, remains that of Transnet alone. 11.3 10.3 The Supplier/Service Provider Supplier remains liable for its contractual obligations under the Agreement, including all services rendered by the sub-contractor. 11.4 10.4 This clause does not establish any contractual relationship between Transnet and any sub- contractor of the Supplier/Service Provider, whatsoever. 12 11 B-BBEE AND SOCIO-ECONOMIC OBLIGATIONS 12.1 11.1 B-BBEE Scorecard a) Transnet fully endorses and supports the Broad-Based Black Economic Empowerment Programme and is strongly of the opinion that all South African business enterprises have an equal obligation to redress the imbalances of the past. b) In response to this requirement, the Supplier/Service Provider Supplier shall submit to Transnet’s Contract Manager or such other designated person details of its B-BBEE status in terms of the latest Codes of Good Practice issued in terms of the B-BBEE Act and proof thereof at the beginning of March each year during the currency of this Agreement. c) The Supplier/Service Provider Supplier undertakes to notify and provide full details to Transnet in the event there is: (i) a change in the Supplier’s/Service ProviderSupplier’s B-BBEE status which is less than what it was at the time of its appointment including the impact thereof; and (ii) a corporate or internal restructure or change in control of the Supplier/Service Provider Supplier which has or likely to impact negatively on the Supplier’s/ Service ProviderSupplier’s B-BBEE status. d) Notwithstanding any other reporting requirement in terms hereof, the Supplier Service Provider undertakes to provide any B-BBEE data (underlying data relating to the Supplier /Service Provider which has been relied upon or utilised by a verification agency or auditor for the purposes of issuing a verification certificate in respect of the Supplier/Service Provider Supplier B-BBEE status) which Transnet may request on written notice within 30 thirty (thirty30) calendar days of such request. A failure to provide such data shall constitute a Supplier/ Service Provider Supplier Default and may be dealt with in accordance with the provisions of clause 2321. e) In the event there is a change in the Supplier’s/ Service ProviderSupplier’s B-BBEE status, then the provisions of clause 23 22 shall apply.

PAYMENT TO SUB-CONTRACTORS. 11.1 12.1 Transnet reserves the right, in its sole discretion, to make payment directly to the sub-sub- contractor of the Supplier/Service Provider, subject to the following conditions: a) Receipt of an undisputed invoice from the sub-contractor; and b) Receipt of written confirmation from the Supplier/Service Provider that the amounts claimed by the sub-contractor are correct and that the services Goods for which the sub- sub-contractor has requested payment were rendered to the satisfaction of the Supplier/Service Provider, against the required standards. 11.2 12.2 Nothing contained in this clause must be interpreted as bestowing on any sub-contractor a right or legitimate expectation to be paid directly by Transnet. Furthermore, this clause does not bestow any right or legitimate expectation on the Supplier/Service provider to demand that Transnet pay its sub-contractor directly. The decision to pay any sub-sub- contractor directly, remains that of Transnet alone. 11.3 12.3 The Supplier/Service Provider remains liable for its contractual obligations under the Agreement, including all services Goods rendered by the sub-contractor. 11.4 12.4 This clause does not establish any contractual relationship between Transnet and any sub- contractor of the Supplier/Service Provider, whatsoever. 12 13 B-BBEE AND SOCIO-ECONOMIC OBLIGATIONS 12.1 13.1 B-BBEE Scorecard a) Transnet fully endorses and supports the Broad-Based Black Economic Empowerment Programme and is strongly of the opinion that all South African business enterprises have an equal obligation to redress the imbalances of the past. b) In response to this requirement, the Supplier/Service Provider shall submit to Transnet’s Contract Manager or such other designated person details of its B-BBEE status in terms of the latest Codes of Good Practice issued in terms of the B-BBEE Act and proof thereof at the beginning of March each year during the currency of this Agreement. c) The Supplier/Service Provider undertakes to notify and provide full details to Transnet in the event there is: (i) a change in the Supplier’s/Service Provider’s B-BBEE status which is less than what it was at the time of its appointment including the impact thereof; and (ii) a corporate or internal restructure or change in control of the Supplier/Service Provider which has or likely to impact negatively on the Supplier’s/ ’s Service Provider’s B-BBEE status. d) Notwithstanding any other reporting requirement in terms hereof, the Supplier Service Provider undertakes to provide any B-BBEE data (underlying data relating to the Supplier /Service Service Provider which has been relied upon or utilised utilized by a verification agency or auditor for the purposes of issuing a verification certificate in respect of the Supplier/Service Provider B-BBEE status) which Transnet may request on written notice within 30 (thirty) calendar days of such request. A failure to provide such data shall constitute a Supplier/ Service Provider Default and may be dealt with in accordance with the provisions of clause 2326. e) In the event there is a change in the Supplier’s/ ’s/ Service Provider’s B-BBEE status, then the provisions of clause 23 26 shall apply.

PAYMENT TO SUB-CONTRACTORS. 11.1 Transnet reserves the right, in its sole discretion, to make payment directly to the sub-contractor of the Supplier/Service Provider, subject to the following conditions: a) Receipt of an undisputed invoice from the sub-contractor; and b) Receipt of written confirmation from the Supplier/Service Provider Supplier that the amounts claimed by the sub-sub- contractor are correct and that the services for which the sub- sub-contractor has requested payment were rendered to the satisfaction of the Supplier/Service Provider, against the required standards. 11.2 Nothing contained in this clause must be interpreted as bestowing on any sub-contractor a right or legitimate expectation to be paid directly by Transnet. Furthermore, this clause does not bestow any right or legitimate expectation on the Supplier/Service provider Supplier to demand that Transnet pay its sub-sub- contractor directly. The decision to pay any sub-contractor directly, remains that of Transnet alone. 11.3 The Supplier/Service Provider Supplier remains liable for its contractual obligations under the Agreement, including all services rendered by the sub-contractor. 11.4 This clause does not establish any contractual relationship between Transnet and any sub- contractor of the Supplier/Service Provider, whatsoever. 12 B-BBEE AND SOCIO-ECONOMIC OBLIGATIONS 12.1 B-BBEE Scorecard a) Transnet fully endorses and supports the Broad-Based Black Economic Empowerment Programme and is strongly of the opinion that all South African business enterprises have an equal obligation to redress the imbalances of the past. b) In response to this requirement, the Supplier/Service Provider Supplier shall submit to Transnet’s Contract Manager or such other designated person details of its B-BBEE status in terms of the latest Codes of Good Practice issued in terms of the B-BBEE Act and proof thereof at the beginning of March each year during the currency of this Agreement. c) The Supplier/Service Provider Supplier undertakes to notify and provide full details to Transnet in the event there is: (i) a change in the Supplier’s/Service ProviderSupplier’s B-BBEE status which is less than what it was at the time of its appointment including the impact thereof; and (ii) a corporate or internal restructure or change in control of the Supplier/Service Provider Supplier which has or likely to impact negatively on the Supplier’s/ Service ProviderSupplier’s B-BBEE status. d) Notwithstanding any other reporting requirement in terms hereof, the Supplier Service Provider undertakes to provide any B-BBEE data (underlying data relating to the Supplier /Service Provider which has been relied upon or utilised by a verification agency or auditor for the purposes of issuing a verification certificate in respect of the Supplier/Service Provider Supplier B-BBEE status) which Transnet may request on written notice within 30 (thirty) calendar days of such request. A failure to provide such data shall constitute a Supplier/ Service Provider Supplier Default and may be dealt with in accordance with the provisions of clause 2329. e) In the event there is a change in the Supplier’s/ Service ProviderSupplier’s B-BBEE status, then the provisions of clause 23 29 shall apply.