0000950127-11-000254 Sample Contracts

AMENDED AND RESTATED DEPOSIT AGREEMENT
Deposit Agreement • September 30th, 2011 • Deutsche Bank Trust Co Americas/ ADR Group • Gold and silver ores • New York

AMENDED AND RESTATED DEPOSIT AGREEMENT dated as of [●], 2011, among HARMONY GOLD MINING COMPANY LIMITED, incorporated under the laws of the Republic of South Africa (herein called the “Issuer”), DEUTSCHE BANK TRUST COMPANY AMERICAS, a New York banking corporation (herein called the “Depositary”), and all Owners and holders from time to time of American Depositary Receipts issued hereunder.

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