Transferring Contracts. 9.1 As referred to in Clause 3.4 above, all existing SLA Agreements shall remain in effect for at least the Transition Period unless the term of those arrangements are extended, amended or terminated. 9.2 In respect of any third party contracts and licenses in existence between the Parties that are used by both Parties, the Parties will use their reasonable endeavours to continue to provide or to procure that third parties continue to provide the benefit of such contracts and licences to both Parties, and the Parties shall pay any charges associated with any benefit or services they receive under such contracts. 9.3 The Parties agree that there may be other contracts which have not yet been identified by the Parties and which, whilst retained by the either Party, the other Party will continue to require the benefit of after the Effective Date. In relation to such contracts, as well as the contracts described in 9.2, the Parties hereby agree and undertakes to each other that the Parties shall indemnify each other on demand against each loss, liability and cost incurred by the other party (“Indemnified Party”) after the Effective Date in connection with the termination in whole or part of such contracts, if the contract was terminated by the terminating Party (“Terminating Party”) on the instruction or due to the Terminating Party no longer requiring the benefit of such contract, including without limitation each loss, liability and cost reasonably incurred as a result of defending or settling any claim alleging such a liability but excluding any liability of the Parties arising under the terms of this Agreement. The Parties agree to consult with the each other prior to terminating any such contracts with a view to mitigating any losses that may arise.
Appears in 3 contracts
Sources: Transitional Services Agreement, Transitional Services Agreement (Gold Fields LTD), Transitional Services Agreement (Sibanye Gold LTD)