Common use of ELECTRICITY SUPPLY Clause in Contracts

ELECTRICITY SUPPLY. Further to its obligations under the Lease, Landlord hereby agrees to comply with the following obligations: A. No later than fifteen (15) calendar days following the date of execution hereof, Landlord shall obtain a certification issued by the MCFE whereby the MCFE acknowledges that the conditions described in items (i) and (ii) of Recital (D) above, have been duly satisfied and, therefore, the MCFE will supply the electricity to the Premises for a minimum of 3000 KVA no later than October 30, 2000. B. In the event Landlord does not fully and timely comply with its obligations referred in paragraph (A) above, Landlord shall comply with the following obligations: (i) Landlord shall carry out at its sole cost and expense, all actions required to construct all infrastructure needed to install a transformer with characteristics and specifications which will allow Tenant to contract and obtain for the Premises electrical power for up to a minimum of 3000 KVA (all the necessary works, including the transformer as well as all the materials, labor and equipment needed to provide the Premises with a supply of electrical power of a minimum of 3000 KVA shall be hereinafter referred to as the “Electricity Works”). The Electricity Works must be fully completed by Landlord no later than October 30, 2000; (ii) No later than twenty one (21) calendar days following the date of execution hereof, Landlord shall present Tenant, documentation evidencing the purchase of a transformer that complies with the technical and quality specifications and standards required by the MCFE; (iii) The Electricity Works to be performed by Landlord, shall comply with all the technical and quality specifications and standards required by the MCFE. The Electricity Works shall be donated to the MCFE no later than October 31, 2000, subject to the condition that as of such date, the maintenance of the Electricity Works shall be carried out by the MCFE; and (iv) Landlord shall enter into an agreement with the MCFE whereby the MCFE must agree: (a) to supply electricity for a minimum of 3000 KVA to the Premises, through the infrastructure resulting from the Electricity Works, no later than October 31, 2000 and during the Term or extended term of the Lease, (b) to receive the Electricity Works from Landlord no later than October 31, 2000, and (c) to maintain and repair the Electricity Works as needed in order to guarantee Tenant the supply of energy needed for Tenant’s industrial operations in the Premises. Such agreement must be executed by Landlord and the MCFE no later than fourty (40) calendar days following the date of execution hereof. The parties agree that the effectiveness of the Lease shall be subject to the full and timely compliance of each and every one of the obligations of Landlord contained either in paragraphs (A) or (B) of this clause 1, as the case may be. For such reason, Landlord’s failure to comply with each and every one of its obligations contained in paragraph (A) and (B) of this clause 1, under the terms and subject to the conditions set forth herein, shall render Tenant released from any obligation or liability under the Lease, since there shall be no Lease whatsoever; and therefore, Tenant shall be free to carry out its industrial operations at any place in Matamoros or wherever it deems convenient.

ELECTRICITY SUPPLY. Further 14.1. The WW Purchaser shall, as soon as reasonably possible after the Signature Date, use its reasonable endeavours to its obligations under negotiate and enter into an electricity supply agreement with Eskom for the Leasesupply of electricity. AngloGold shall use reasonable endeavours in supporting the WW Purchaser to conclude such electricity supply agreement with Eskom. 14.2. It is recorded and agreed that, Landlord hereby agrees to comply in the event that the WW Purchaser has not entered into an electricity supply agreement with the following obligations: A. No later than fifteen (15) calendar days following the date of execution hereof, Landlord shall obtain a certification issued Eskom by the MCFE whereby the MCFE acknowledges that the conditions described in items (i) and (ii) of Recital (D) aboveClosing Date, have been duly satisfied and, therefore, the MCFE will supply the electricity to the Premises for a minimum of 3000 KVA no later than October 30, 2000. B. In the event Landlord does not fully and timely comply with its obligations referred in paragraph (A) above, Landlord shall comply with the following obligations: (i) Landlord shall carry out at its sole cost and expense, all actions required to construct all infrastructure needed to install a transformer with characteristics and specifications which will allow Tenant to contract and obtain for the Premises electrical power for up to a minimum of 3000 KVA (all the necessary works, including the transformer as well as all the materials, labor and equipment needed to provide the Premises with a supply of electrical power of a minimum of 3000 KVA shall be hereinafter referred to as the “Electricity Works”). The Electricity Works must be fully completed by Landlord no later than October 30, 2000; (ii) No later than twenty one (21) calendar days following the date of execution hereof, Landlord shall present Tenant, documentation evidencing the purchase of a transformer that complies with the technical and quality specifications and standards required by the MCFE; (iii) The Electricity Works to be performed by Landlord, shall comply with all the technical and quality specifications and standards required by the MCFE. The Electricity Works shall be donated to the MCFE no later than October 31, 2000then, subject to the condition prior written consent of Eskom being obtained, for a period of 3 (three) months from the Closing Date or until such time as the WW Purchaser has entered into an electricity supply agreement with Eskom, whichever is the earlier, AngloGold shall supply the WW Purchaser, at cost, with such quantity of electricity as the WW Purchaser may reasonably require, provided that AngloGold shall not be required to provide the WW Purchaser with any quantity in excess of that which it receives in respect of the WW Businesses in the ordinary and regular course prior to the Closing Date, from the electricity AngloGold receives in terms of the Eskom Agreements. AngloGold hereby undertakes to use reasonable endeavours to obtain and/or procure the consent of Eskom in this regard as soon as reasonably possible after the Signature Date, provided that any terms and conditions imposed by Eskom shall be for the WW Purchaser's account and cost, including the cost of such dateelectricity. For the avoidance of doubt, to the extent that Eskom's consent is subject to the provision of an additional guarantee or the like, the maintenance WW Purchaser shall be required to provide same. 14.3. AngloGold shall supply the WW Purchaser with electricity on the same terms and conditions contained in the Eskom Agreements (the provisions of which apply to the supply of electricity by AngloGold to the WW Purchaser mutatis mutandis) as well as on any additional terms and conditions imposed by Eskom. The WW Purchaser hereby warrants, represents and undertakes that it is aware of the Electricity Works shall be carried out by provisions of the MCFE; and (iv) Landlord shall enter into an agreement with the MCFE whereby the MCFE must agreeEskom Agreements and that it will, at all times in all respects: (a) adhere to supply electricity for a minimum and comply with the provisions of 3000 KVA to the Premises, through the infrastructure resulting from the Electricity Works, no later than October 31, 2000 such Eskom Agreements; and during the Term or extended term of the Lease, (b) if AngloGold has breached a provision of the Eskom Agreements as a result of any action or omission of the WW Purchaser, that it will rectify and cure such breach within: (i) a reasonable time period stipulated by AngloGold, or such later date as the Parties may agree in writing, in the case of a material breach; or (ii) 20 (twenty) Business Days of its occurrence, or such later date as the Parties may agree in writing, in the case of a non-material breach, failing which AngloGold will be entitled to receive immediately withdraw the Electricity Works right granted to the WW Purchaser in terms of clause 14.2 above without further action or liability to AngloGold and the WW Purchaser hereby waives any and all other remedies, rights, claims and causes of action (including a claim for damages) which it may have against AngloGold in this regard. 14.4. Upon receipt by AngloGold of an invoice from Landlord no later than October 31Eskom pursuant to the Eskom Agreements in relation to the WW Businesses, 2000, and (c) AngloGold shall provide a valid tax invoice to maintain and repair the Electricity Works as needed WW Purchaser for all costs incurred by AngloGold in order relation to guarantee Tenant the supply of energy needed for Tenant’s industrial operations electricity to the WW Purchaser in relation to the Premises. Such agreement must be executed by Landlord and WW Businesses, including without limitation, the MCFE no later than fourty (40) calendar days following WW Purchaser's pro rata portion of the date cost of execution hereofelectricity plus VAT at the applicable rate. The parties agree WW Purchaser undertakes to settle such invoice within 7 (seven) Business Days upon receipt from AngloGold of such invoice. For the avoidance of doubt, it is recorded and agreed that AngloGold supplies the effectiveness WW Purchaser with electricity under the Eskom Agreements at cost and AngloGold and/or its Affiliate charge no additional margin for this service. 14.5. The WW Purchaser hereby indemnifies and holds AngloGold harmless against all and any losses incurred or suffered by AngloGold by reason of, or arising directly or indirectly out of, or in connection with the supply by AngloGold of electricity to the WW Purchaser from the electricity AngloGold receives in terms of the Lease shall be subject Eskom Agreement in relation to the full and timely compliance of each and every one of the obligations of Landlord contained either in paragraphs (A) or (B) of this clause 1, as the case may be. For such reason, Landlord’s failure to comply with each and every one of its obligations contained in paragraph (A) and (B) of this clause 1, under the terms and subject to the conditions set forth herein, shall render Tenant released from any obligation or liability under the Lease, since there shall be no Lease whatsoever; and therefore, Tenant shall be free to carry out its industrial operations at any place in Matamoros or wherever it deems convenientWW Businesses.

ELECTRICITY SUPPLY. Further 13.1. The Purchaser shall, as soon as reasonably possible after the Signature Date, use its reasonable endeavours to its obligations under negotiate and enter into an electricity supply agreement with Eskom for the Leasesupply of electricity. AngloGold shall use reasonable endeavours in supporting the Purchaser to conclude such electricity supply agreement with Eskom. 13.2. It is recorded and agreed that, Landlord in the event that the Purchaser has not entered into an electricity supply agreement with Eskom by the Closing Date, then, subject to the prior written consent of Eskom being obtained, for a period of 9 (nine) months from the Closing Date or until such time as the Purchaser has entered into an electricity supply agreement with Eskom, whichever is the earlier, AngloGold shall supply the Purchaser, at cost, with such quantity of electricity as which the Purchaser may reasonably require, provided that AngloGold shall not be required to provide the Purchaser with any quantity in excess of that which it receives in respect of the VR Mining Business in the Ordinary Course prior to the Closing Date, from the electricity AngloGold receives in terms of the Eskom Agreement. AngloGold hereby agrees undertakes to use reasonable endeavours to obtain the consent of Eskom in this regard as soon as reasonably possible after the Signature Date, provided that any terms and conditions imposed by Eskom shall be for the Purchaser's account and cost. For the avoidance of doubt, to the extent that Eskom's consent is subject to the provision of an additional guarantee or the like, the Purchaser shall be required to provide same. 13.3. AngloGold shall supply the Purchaser with electricity on the same terms and conditions contained in the Eskom Agreement (the provisions of which apply to the supply of electricity by AngloGold to the Purchaser mutatis mutandis) as well as on any additional terms and conditions imposed by Eskom. The Purchaser hereby warrants, represents and undertakes that it is aware of the provisions of the Eskom Agreement and that it will, at all times in all respects, (i) adhere to and comply with the following obligations: A. No later than fifteen (15) calendar days following the date provisions of execution hereofsuch Eskom Agreement, Landlord shall obtain a certification issued by the MCFE whereby the MCFE acknowledges that the conditions described in items (i) and (ii) if AngloGold has breached a provision of Recital the Eskom Agreement as a result of any action or omission of the Purchaser, that it will rectify and cure such breach within: (Di) abovea reasonable time period stipulated by AngloGold, or such later date as the Parties may agree in writing, in the case of a material breach; or (ii) 20 (twenty) Business Days of its occurrence, or such later date as the Parties may agree in writing, in the case of a non-material breach, failing which AngloGold will be entitled to immediately withdraw the right granted to the Purchaser in terms of clause 13.2 of this Agreement without further action or liability to AngloGold and the Purchaser hereby waives any and all other remedies, rights, claims and causes of action (including a claim for damages) which it may have been duly satisfied andagainst AngloGold in this regard. 13.4. Upon receipt by AngloGold of an invoice from Eskom pursuant to the Eskom Agreement, therefore, AngloGold shall provide a valid tax invoice to the MCFE will Purchaser for all costs incurred by AngloGold in relation to the supply the of electricity to the Premises Purchaser, including without limitation, the Purchaser's pro rata portion of the cost of electricity plus VAT at the applicable rate. The Purchaser undertakes to settle such invoice within 7 (seven) Business Days upon receipt from AngloGold of such invoice. For the avoidance of doubt, it is recorded and agreed that AngloGold supplies the Purchaser with electricity under the Eskom Agreement at cost and AngloGold charges no additional margin for a minimum of 3000 KVA no later than October 30, 2000this service. B. In the event Landlord does not fully 13.5. The Purchaser hereby indemnifies and timely comply with its obligations referred holds AngloGold harmless against all and any losses incurred or suffered by AngloGold by reason of, or arising directly or indirectly out of, or in paragraph (A) above, Landlord shall comply connection with the following obligations: (i) Landlord shall carry out at its sole cost and expense, all actions required to construct all infrastructure needed to install a transformer with characteristics and specifications which will allow Tenant to contract and obtain for the Premises electrical power for up to a minimum supply by AngloGold of 3000 KVA (all the necessary works, including the transformer as well as all the materials, labor and equipment needed to provide the Premises with a supply of electrical power of a minimum of 3000 KVA shall be hereinafter referred to as the “Electricity Works”). The Electricity Works must be fully completed by Landlord no later than October 30, 2000; (ii) No later than twenty one (21) calendar days following the date of execution hereof, Landlord shall present Tenant, documentation evidencing the purchase of a transformer that complies with the technical and quality specifications and standards required by the MCFE; (iii) The Electricity Works to be performed by Landlord, shall comply with all the technical and quality specifications and standards required by the MCFE. The Electricity Works shall be donated electricity to the MCFE no later than October 31, 2000, subject to Purchaser from the condition that as of such date, the maintenance electricity AngloGold receives in terms of the Electricity Works shall be carried out by the MCFE; and (iv) Landlord shall enter into an agreement with the MCFE whereby the MCFE must agree: (a) to supply electricity for a minimum of 3000 KVA to the Premises, through the infrastructure resulting from the Electricity Works, no later than October 31, 2000 and during the Term or extended term of the Lease, (b) to receive the Electricity Works from Landlord no later than October 31, 2000, and (c) to maintain and repair the Electricity Works as needed in order to guarantee Tenant the supply of energy needed for Tenant’s industrial operations in the Premises. Such agreement must be executed by Landlord and the MCFE no later than fourty (40) calendar days following the date of execution hereof. The parties agree that the effectiveness of the Lease shall be subject to the full and timely compliance of each and every one of the obligations of Landlord contained either in paragraphs (A) or (B) of this clause 1, as the case may be. For such reason, Landlord’s failure to comply with each and every one of its obligations contained in paragraph (A) and (B) of this clause 1, under the terms and subject to the conditions set forth herein, shall render Tenant released from any obligation or liability under the Lease, since there shall be no Lease whatsoever; and therefore, Tenant shall be free to carry out its industrial operations at any place in Matamoros or wherever it deems convenientEskom Agreement.

ELECTRICITY SUPPLY. Further 32.1. Harmony Moab shall, as soon as reasonably possible after the Signature Date, use its reasonable endeavours to its obligations under negotiate and enter into an electricity supply agreement with Eskom for the Leasesupply of electricity. AngloGold shall use reasonable endeavours in supporting Harmony Moab to conclude such electricity supply agreement with Eskom. 32.2. It is recorded and agreed that, Landlord hereby agrees to comply in the event that Harmony Moab has not entered into an electricity supply agreement with the following obligations: A. No later than fifteen (15) calendar days following the date of execution hereof, Landlord shall obtain a certification issued Eskom by the MCFE whereby the MCFE acknowledges that the conditions described in items (i) and (ii) of Recital (D) aboveClosing Date, have been duly satisfied and, therefore, the MCFE will supply the electricity to the Premises for a minimum of 3000 KVA no later than October 30, 2000. B. In the event Landlord does not fully and timely comply with its obligations referred in paragraph (A) above, Landlord shall comply with the following obligations: (i) Landlord shall carry out at its sole cost and expense, all actions required to construct all infrastructure needed to install a transformer with characteristics and specifications which will allow Tenant to contract and obtain for the Premises electrical power for up to a minimum of 3000 KVA (all the necessary works, including the transformer as well as all the materials, labor and equipment needed to provide the Premises with a supply of electrical power of a minimum of 3000 KVA shall be hereinafter referred to as the “Electricity Works”). The Electricity Works must be fully completed by Landlord no later than October 30, 2000; (ii) No later than twenty one (21) calendar days following the date of execution hereof, Landlord shall present Tenant, documentation evidencing the purchase of a transformer that complies with the technical and quality specifications and standards required by the MCFE; (iii) The Electricity Works to be performed by Landlord, shall comply with all the technical and quality specifications and standards required by the MCFE. The Electricity Works shall be donated to the MCFE no later than October 31, 2000then, subject to the condition prior written consent of Eskom being obtained, for a period of 3 (three) months from the Closing Date or until such time as Harmony Moab has entered into an electricity supply agreement with Eskom, whichever is the earlier, AngloGold shall supply Harmony Moab, at cost, with such quantity of electricity as which Harmony Moab may reasonably require, provided that as AngloGold shall not be required to provide Harmony Moab with any quantity in excess of such date, the maintenance that which it receives in respect of the Electricity Works 184 VR Businesses in the ordinary and regular course prior to the Closing Date, from the electricity AngloGold receives in terms of the Eskom Agreements. AngloGold hereby undertakes to use reasonable endeavours to obtain and/or procure the consent of Eskom in this regard as soon as reasonably possible after the Signature Date, provided that any terms and conditions imposed by Eskom shall be carried out for Harmony Moab's account and cost, including the cost of electricity. For the avoidance of doubt, to the extent that Eskom's consent is subject to the provision of an additional guarantee or the like, Harmony Moab shall be required to provide same. 32.3. AngloGold shall supply Harmony Moab with electricity on the same terms and conditions contained in the Eskom Agreements (the provisions of which apply to the supply of electricity by AngloGold to Harmony Moab mutatis mutandis) as well as on any additional terms and conditions imposed by Eskom. Harmony Moab hereby warrants, represents and undertakes that it is aware of the MCFE; and (iv) Landlord shall enter into an agreement with provisions of the MCFE whereby the MCFE must agreeEskom Agreements and that it will, at all times in all respects: (a) adhere to supply electricity for a minimum and comply with the provisions of 3000 KVA to the Premises, through the infrastructure resulting from the Electricity Works, no later than October 31, 2000 such Eskom Agreements; and during the Term or extended term of the Lease, (b) if AngloGold has breached a provision of the Eskom Agreements as a result of any action or omission of Harmony Moab, that it will rectify and cure such breach within: (i) a reasonable time period stipulated by AngloGold, or such later date as the Parties may agree in writing, in the case of a material breach; or (ii) 20 (twenty) Business Days of its occurrence, or such later date as the Parties may agree in writing, in the case of a non-material breach, failing which AngloGold will be entitled to receive immediately withdraw the Electricity Works right granted to Harmony Moab in terms of clause 14.2 above without further action or liability to AngloGold and Harmony Moab hereby waives any and all other remedies, rights, claims and causes of action (including a claim for damages) which it may have against AngloGold in this regard. 32.4. Upon receipt by AngloGold of an invoice from Landlord no later than October 31Eskom pursuant to the Eskom Agreements in relation to the VR Businesses, 2000, and (c) AngloGold shall provide a valid tax invoice to maintain and repair the Electricity Works as needed Harmony Moab for all costs incurred by AngloGold in order relation to guarantee Tenant the supply of energy needed for Tenant’s industrial operations electricity to Harmony Moab in relation to the Premises. Such agreement must be executed by Landlord and the MCFE no later than fourty (40) calendar days following the date of execution hereof. The parties agree that the effectiveness VR Businesses, including without limitation, Harmony Moab's pro rata portion of the Lease shall be subject cost of electricity plus VAT at the applicable rate. Harmony Moab undertakes to settle such invoice within 7 (seven) Business Days upon receipt from AngloGold of such invoice. For the avoidance of doubt, it is recorded and agreed that AngloGold supply Harmony Moab with electricity under the Eskom Agreements at cost and AngloGold charge no additional margin for this service. 32.5. Harmony Moab hereby indemnifies and holds AngloGold harmless against all and any losses incurred or suffered by AngloGold by reason of, or arising directly or indirectly out of, or in connection with the supply by AngloGold of electricity to Harmony Moab from the electricity AngloGold receives in terms of the Eskom Agreement in relation to the full and timely compliance of each and every one of the obligations of Landlord contained either in paragraphs (A) or (B) of this clause 1, as the case may be. For such reason, Landlord’s failure to comply with each and every one of its obligations contained in paragraph (A) and (B) of this clause 1, under the terms and subject to the conditions set forth herein, shall render Tenant released from any obligation or liability under the Lease, since there shall be no Lease whatsoever; and therefore, Tenant shall be free to carry out its industrial operations at any place in Matamoros or wherever it deems convenientVR Businesses.