Die 1%-KLUB CONTESTANT AGREEMENT

PRODUCER: RAPID BLUE (Pty)Ltd (“we”, “us”, “our”)

PRODUCTION CONTACT: Ryan Deacon, Series Producer, ryan@rapidblue.com

PROGRAMME: Provisionally entitled “Die 1%-klub Season 1 & 2” (such definition to include compilations, reversions and so-called “making-of” programmes) (the “Programme”)

PROGRAMME SYNOPSIS: kykNET brainteaser quiz show series. (26 x 48min episodes)

BROADCASTER: Electronic Media Network Propriety Limited

CONTRIBUTION: Participation and appearance as a contestant on one episode of the Programme as further described in the Terms and Conditions hereunder (the “Contribution”)

FILMING DAY: [the recording day you confirm at the top of this form]

TERM: The period starting on the date of signature below and ending on the transmission of the last episode of the recorded season which is preliminary scheduled to be 31st January 2029.

CONTESTANT NAME AND IDENTITY NUMBER: [as you give them on this form] (hereinafter “you”, “your”)

ADDRESS: [the home address on your profile] (Domicilia citandi et executandi)

You agree to abide by the terms of this agreement (the “Agreement”) (consisting of the above, the attached Terms and Conditions, the Health Statement and the Rules).

Read and Agreed: [you sign at the bottom of this page]

Yours sincerely: [signed] Ryan Deacon, for and on behalf of RAPID BLUE. DATE: 13 October 2026

TERMS AND CONDITIONS

The following terms set out the agreement between you and us for your participation as a contestant on the Programme, which we intend (but do not undertake) to produce for initial transmission by the Broadcaster. You agree that you are aware of the nature, purpose and subject matter of the Programme which you acknowledge has been fully explained to you.

1. DETAILS OF YOUR CONTRIBUTION

1.1 In consideration of us giving you the opportunity to provide us with your Contribution to the Programme and of arranging to film the Contribution ,you agree without limitation to contribute to the Programme as follows:

1.1.1 On the Filming Day, you will need to sit in your designated seat during such times as we require you to do so, follow the game play and answer all questions you are required to answer;

1.1.2 to attend the filming location for the Programme as notified by us to you on an exclusive basis on the Filming Day;

1.1.3 to be available from time to time prior to, during and/or after the Term for publicity and promotional requirements in connection with the Programme, the Broadcaster (including, without limitation, promotional online features, interviews and other online activities) as and when reasonably required and requested by us.

1.1.4 to execute all necessary documents, visas and such other permits and consents as may be required by us for the production of the Programme and provide every assistance without delay in order to help us to process such documents and permits; and

1.1.5 to carry out all our reasonable instructions with respect to your participation in the Programme and to provide your Contribution in full and willing co-operation with such persons as we may require.

1.1.6 You are responsible for all travel expenses incurred to get to the shooting location which is based at Urban Brew Studios, Shop L86, Ferndale on Republic, on the corner of Malibongwe and Republic Road, Randburg, Johannesburg.

1.2 You confirm that you meet the following eligibility requirements to participate in the Programme:

1.2.1 You must be aged 18 and over

1.2.2 You must be a resident in the South Africa and have the right to live and work in South Africa

1.2.3 You cannot be:

1.2.3.1. Employed or have been employed by Rapid Blue, Electronic Media Network Propriety Limited or any of their parent, subsidiary and affiliated companies and/or any of their agents related to the production of the Programme.

1.2.3.2. A live-in partner or immediate relative of an employee of Rapid Blue or Electronic Media Network Propriety Limited (the foregoing shall be collectively referred to as the “Eligibility Requirements”)

1.3 We shall provide you with the rules of the Programme verbally and/or in writing (the “Rules”) (if any) and you will familiarise yourself with the Rules prior to the recording of the Programme in order for you to provide your Contribution to the best of your ability. You acknowledge that we have the right at our sole discretion to amend the Rules. In the event of any fault, mistake, misunderstanding or dispute concerning the operation of any part of the Programme or the Rules, you agree that our decision in this regard shall be final. You further agree should there be any discrepancy between the Rules and these Terms and Conditions that the latter shall prevail. You also agree to complete the health statement attached as Schedule 1 (the “Health Statement”).

1.4 You agree and understand that you may be required to record truthful and honest views, opinions and experiences as part of your Contribution and you have no objection to this forming part of the Programme at our sole discretion. Furthermore you acknowledge that parts of the Programme may incorporate the views and opinions of other participants (the “Statements”). You accept that the Statements may include personal and subjective comments in relation to you and/or your Contribution and the Statements may or may not depict you positively. You agree that the inclusion of the Statements is fundamental to the Programme and therefore you irrevocably agree to the inclusion of such Statements within the Programme. You acknowledge that we and/or you may and/or the Statements may reveal, disclose or relate, during the filming of the Programme, information about you which you might deem personal, intimate, surprising, disparaging, embarrassing or of an otherwise unfavourable nature and you agree that we shall not be liable to you in any way in respect thereof.

1.5 You agree to let us know immediately if you apply for and/or audition for and/or appear on any audio and/or visual programme including any quiz shows (“Other Programmes”) prior to the first transmission of the last episode of the Programme (as notified by us) (the “Transmission Date”). You acknowledge that the Broadcaster (and not us) shall control the Transmission Date. We shall use reasonable endeavours to notify you in advance of any change in the Transmission Date.

1.6 You further agree and understand that:

1.6.1 no physical violence will be tolerated;

1.6.2 smoking will only be permitted in a designated smoking area;

1.6.3 save as otherwise specified in the Rules and/or approved by us, no still photography and/or sound and/or video recording by you of any material connected with the Programme, the other participants in the Programme or anyone else involved in it, details of conversations, events and other happenings involving you and/or the other participants in the Programme and/or our production staff and crew shall be permitted and if any such material is found to be in your possession (the “Recorded Material”) such Recorded Material shall be deemed assigned to us in accordance with the provisions of Clause 3.1 hereunder unless we agree otherwise with you; and

1.6.4 no drugs or illegal substances or use thereof will be tolerated at any time or place during the entire production, on camera or off.

1.7 Notwithstanding your participation in the Programme you accept and acknowledge that neither we, nor the Broadcaster shall be under an obligation to include your Contribution or the Products (as defined hereunder) in the Programme or to broadcast, televise or otherwise exploit the Programme, your Contribution or the Products.

1.8 You acknowledge and agree that we may carry out general background checks on you in accordance with the terms of this Agreement. You understand that disclosure of criminal convictions, current criminal proceedings and/or county court judgments do not automatically exclude you from participating in the Programme but we shall be entitled to exercise our sole discretion in this regard and certain convictions, pending criminal proceedings and/or investigations may invalidate your application or otherwise result in the termination of your application and/or your continued participation in the Programme and/or allow us to withhold or reclaim any prize or other benefit awarded or due to be awarded to you as a result of your participation in the Programme. In all cases our decision shall be final. You accept that if we later discover that you have criminal convictions and/or pending criminal proceedings and/or investigations you have not informed us about previously, and/or you have not disclosed all material detail in relation to the same and as a result your participation in the Programme is terminated or any prize or benefit reclaimed or withheld, that reference may be made to these convictions publicly.

1.9 In the event of illness or in case of an emergency which occurs during the recording of the Programme you hereby consent to us (i) reserving the right to request a medical examination by a doctor to determine your suitability to participate in the Programme; or (ii) arranging for or providing such medical assistance to you as we determine as is necessary. You acknowledge that you have disclosed to us all medical conditions that could in any way affect your participation in the Programme. You understand and acknowledge that your participation in the Programme may be subject to the results of such examinations and the state of your health being to our satisfaction. If it is the opinion of the doctor that you should not participate then you accept you may be withdrawn and/or replaced by a reserve contestant in accordance with the Rules. These requests assist us in assessing the fitness of contestants to take part in the Programme and enable us to comply with our duty of care to contestants under health and safety legislation.

1.10 In the event of a breach by us of any of our obligations to you or of any breach of law or any dispute between the parties, your rights and remedies shall be limited to the recovery of money damages (if any) in an action at law and in no event will you be entitled to rescind this agreement or to any injunctive or other equitable relief and you shall not seek to enjoin restrain or prevent the production distribution exhibition exploitation publicising promotion and/or advertising of the Programme.

1.11 You agree and accept that we have the right to stand down any potential contestants (including you) at our sole discretion and that in any event your appearance on the Programme is not guaranteed.

2. PRIZE

2.1 You accept that your appearance on and contribution to the Programme does not guarantee you a prize and you accept you may not win anything whilst participating in the Programme and the final decision as to whether or not you have won any prize(s) shall be decided in accordance with the provisions detailed in the Rules hereunder, which result shall be final and binding.

2.2 Payment of Prize Money will be within 30 days of broadcast of the relevant episode.

2.3 You agree that all prizes may be subject to changes at any time including at our sole discretion, and you understand that there may be conditions attached to the prize(s) which are not mentioned during the Programme. Neither we nor the Broadcaster shall be responsible for any delays in delivery of any prize by a supplier or for the condition in which it is received.

2.4 You agree that in no event shall you look to us in respect of any warranties or guarantees relating to a prize or hold us in any way liable for the performance or suitability of any prizes.

2.5 In the event of any error and/or failure of any nature whatsoever affecting the manner in which the Programme is produced, the Rules, the outcome of the Programme and/or the awarding of any prize(s), our decision with respect to the handling of such error and/or failure including, but not limited to the awarding of the prize(s) shall be final.

2.6 Your refusal to accept any prize shall constitute a forfeiture of that prize and you shall release us and the Broadcaster of all obligations in connection with such prize. You shall not advertise your winning of any prize, nor sell any prize unless otherwise agreed.

2.7 Any prize(s) shall be non-transferable, non-negotiable and non-refundable unless otherwise agreed with us.

2.8 Unless otherwise agreed with us, you shall not share, or make any agreement or promise to share any prize(s) or any portion of the prize(s) or other monies with any of the other contestants participating on the Programme and any such purported agreement or promise shall be unenforceable. Prior to delivery, you shall not assign the prize(s) that you win to another person or organisation unless otherwise agreed.

2.9 You acknowledge and agree that any prize(s) we award to you hereunder shall be personal to you only and subject to Clause 2.9, it shall be your responsibility whether or not to share such prize(s) with any other person.

2.10 Should the programme not be broadcast for any reason the prize money will not be payable.

3. INTELLECTUAL PROPERTY RIGHTS

3.1 You hereby assign to us absolutely:

3.1.1 the entire copyright throughout the universe by all means and in all media whether now known or hereafter developed for the full period of copyright and all renewals, revivals, reversions and extensions thereof (and thereafter, in so far as possible, in perpetuity) and to the extent relevant by way of present assignment of future copyright; and

3.1.2 all other rights whatsoever including those rights known as the rental right and the lending right and the performers’ rights in perpetuity

in all products of your Contribution herein including without limitation all performances and literary, dramatic, artistic and musical material contributed by you to the Programme as well as in any Recorded Material (the said performances, copyright rights and products are herein referred to as the “Products”).

3.2 You hereby irrevocably and unconditionally grant to us throughout the world in perpetuity in respect of your Contribution and the Products:

3.2.1 The Contestants hereby waive in favour of M-Net, any moral rights, as defined in terms of the Copyright Act 98 of 1978, which may vest in the Contestants, in respect of any work contained in the Programme, any M-Net programme on the M-Net Services or other event or function attended, recorded and/or filmed by M-Net, its agent/s, and/or the Producer, or arising out of the Contestants’ participation in the Programme.

3.2.2 the right to and to authorise others to issue publicity concerning the Contribution and the Products and to use your name, professional name, voice, biography and likeness or other representation and photographs of you in connection with the Programme or future series of the Programme (including without limitation for publicity, promotion and sponsorship of the Programme or any future series of the Programme) and any ancillary or merchandising products derived therefrom.

3.3 You recognise that we have the unlimited right in our sole discretion to edit, copy, alter, add to, take from, adapt and/or translate the Products and the Programme, with regard to the Products, the Contribution and the Programme you irrevocably and unconditionally waive in perpetuity and agree not to enforce against us or support any action for infringement of any so called moral rights that you have or may in the future have in the Programme/or the Products of your Contribution. You confirm that you will not take any proceedings or make any claim in relation to any matter or thing which may constitute an infringement of such moral rights.

3.4 You shall do all such acts and execute all such documents as we may require to vest in us or our successors in title and licensees the copyright and all other rights assigned or granted or purported to be assigned or granted by you to us hereunder.

3.5 You acknowledge that we shall have absolute discretion and control over the editorial content of the Programme.

4. YOUR OBLIGATIONS

4.1 You warrant and agree that:

4.1.1 you comply with each of the Eligibility Requirements above and if so required by us agree to provide us with documentary evidence in order for us to substantiate the information you have provided;

4.1.2 you will provide your Contribution pursuant to this Agreement to the best of your ability in a competent and responsible manner;

4.1.3 you will not (or attempt to) cheat, rig or otherwise falsely, unfairly or illegally influence or alter the outcome of the Programme;

4.1.4 you are free to enter into this Agreement and have no commitments which would or might conflict with the full and due rendering of your Contribution and observance of your obligations herein;

4.1.5 the rights hereby granted and assigned are vested in you absolutely and you have not previously assigned, licensed or in any way encumbered the same nor do you have knowledge of any facts the necessary consequence of which would be an encumbrance so as to derogate from the grant and assignment hereby made nor will you hereafter purport to so assign, license or encumber the same;

4.1.6 the content of your Contribution (and any information provided) shall be truthful and honest in all respects and that we may in our sole discretion terminate your application and/or your continued participation in the Programme and/or withhold or reclaim any prize or other benefit awarded or due to be awarded to you as a result of your participation in the Programme if you have supplied any untruthful, incomplete, inaccurate or misleading details and/or information or you have deceived us or the Broadcaster in any way;

4.1.7 you shall not wear clothing, accessories or footwear which are branded or have visible logos. If asked to do so by us, you shall immediately remove or change any item of clothing, accessory or footwear and our decision in this regard shall be final;

4.1.8 you will not withhold information from us of any material fact (including but not limited to existing medical conditions, criminal convictions, charges, proceedings and/or investigations including all of the detail relating to the same and/or country court judgements) that may in our reasonable opinion jeopardise or otherwise impact on the Programme or which might result in publicity adverse to our good name, the Broadcaster or the Programme you agree that should you have anything in your history that would make for negative press or publicity you agree to make us aware of it in order to protect your public interest and our reputation and that of the Broadcaster;

4.1.9 the Products of your Contribution is original to you, is free from any claim and that where applicable, you are the sole owner (with full title guarantee) of the Products and that the Products shall not (whether by way of inflection or gesture or otherwise) contain anything which is an infringement of copyright, contain any defamatory or racially inflammatory matter or breach any contract or duty of confidence or constitute contempt of court or expose us, the Broadcaster or any other third party to any civil or criminal proceedings or which may bring us, the Broadcaster or any third party into disrepute;

4.1.10 you have notified us of any and all criminal convictions and/or criminal charges and/or county court judgments and/or if you are the subject of any ongoing criminal proceedings and/or criminal investigations and you further agree that you shall notify us immediately if you are convicted of a criminal offence, if criminal charges are brought against you and/or you are subject to a criminal investigation and/or criminal proceedings from the date of this Agreement but before first transmission of the episode of the Programme you appear in;

4.1.11 you will not advertise any product or service (except as directed by us) during the rendering of your Contribution and you shall notify us of any press, radio or television advertisement or commercial which you make, contribute to, appear in or promote;

4.1.12 you have not entered into any commercial or sponsorship agreement in respect of your appearance on the Programme;

4.1.13 you will not without our prior written consent order goods or incur any liability on our behalf, or pledge our credit, or hold yourself out as being entitled to do so, or enter into any agreements on our behalf;

4.1.14 you will not bring onto, nor have in your possession on the Programme premises any illegal drugs, weapons (whether legal or illegal), or other illicit items, as we may determine in our sole and absolute discretion;

4.1.15 you will not engage in any illegal or potentially illegal activities (including but not limited to drug use or violence) on the Programme premises or elsewhere;

4.1.16 you will not take any alcohol or medication in such amounts as shall or may adversely affect your ability to provide the Contribution to us or may cause your behaviour to become threatening and/or abusive to others involved in the Programme/or on location;

4.1.17 you will immediately inform a member of the Programme production team should any of the circumstances set out in this Agreement change;

4.1.18 you will not display or take part in any inappropriate behaviour which in our opinion might be harmful or distressing to other contributors to the Programme or which might bring the Programme and/or the Broadcaster into disrepute;

4.1.19 you shall promptly inform us of anything which might call into question the integrity of the Programme;

4.1.20 you shall not, nor commit any act or do, or neglect to do anything, the commission or omission of which brings or is intended to bring you, the Programme, us, or the Broadcaster into public disregard or brings us or the Broadcaster in conflict with any BCCSA or broadcasting rules and regulations;

4.1.21 you will not impede the work of the Programme production team in any way whatsoever;

4.1.22 you will not withhold any information or provide any false and/or misleading/deceiving information and/or make any misrepresentation to us and/or any of our designees herein;

4.1.23 you will comply with all rules and regulations for the time being in force at such places where the Programme is shot or recorded and all television programme guidelines laid down by any regulatory body or broadcaster including all our Health & Safety policies; and

4.1.24 you shall fully and effectively indemnify and hold harmless and keep us fully and effectively indemnified and held harmless against any and all losses, actions, proceedings, costs (including but not limited to any extra costs of production of the Programme), claims, damages, expenses (including but not limited to reasonable legal costs and expenses) or liabilities whatsoever suffered or incurred directly or indirectly by and/or awarded against us in consequence of any breach or non-performance or threatened breach or non-performance of any of the representations, undertakings, warranties and agreements by you in this Agreement. You hereby expressly acknowledge that this indemnity shall survive the completion of your Contribution herein.

5. LIMITATION OF LIABILITIES

5.1 In the event the recording of the Programme is affected by circumstances beyond our reasonable control or is prevented by reason of actual, anticipated or alleged breach of any law or applicable regulations and we cancel all or part of the Programme you accept and agree that you shall have no claim whatsoever upon us.

5.2 We shall not be responsible for any loss of earnings as result of your participation on the Programme or (to the extent permitted by law) be liable to you or your legal representatives for any loss, damage, disappointment or injury caused or suffered to or by you or your property in connection with our making of the Programme and you agree that you will not bring any action or proceedings against us or the Broadcaster for any reason in contract, tort or otherwise save in respect of death or personal injury arising directly out of our negligence.

5.3 You agree not to hold us liable for any misdiagnosis by your doctor and/or specialist of any injury that you sustain during the course of your contribution to the Programme.

6. DISQUALIFICATION AND TERMINATION

6.1 You agree and understand that we may at our sole discretion disqualify and/or withdraw you from the Programme and/or terminate this Agreement with immediate effect and/or withhold or reclaim any prize or other benefit awarded or due to be awarded to you as a result of your participation in the Programme if any of the following events occur:

6.1.1 you breach or violate any of the Rules and/or the terms of this Agreement and/or any instructions by us, or fail to comply with any and all of the Eligibility Requirements.

6.1.2 you fail, refuse or neglect to perform any of the obligations herein or are otherwise in breach of any obligation undertaking or warranty contained in this Agreement and such failure, refusal, neglect or breach is not remedied (if capable of remedy) within a period of time notified to you (with such time period being solely determined by us);

6.1.3 you are unable personally to render the Contribution herein for any reason;

6.1.4 you are deemed no longer to be a suitable contributor for the Programme as solely determined by us;

6.1.5 any act or conduct or omission by you shall, in our or the Broadcaster’s reasonable opinion, prejudice the production or successful exploitation of the Programme (including but not limited to stealing or misappropriating property, harming other participants or crew members, acts of violence);

6.1.6 production of the Programme is hindered in any way by government regulation or order, strike, failure of recording or broadcasting facilities, structural defects, satellite failure, location inaccessibility, act of war or terrorism, fire, earthquake, hurricane, storm, lightning strike or similar acts of God, or other cause or causes beyond our reasonable control.

and in any such case all our liabilities to you shall forthwith cease.

6.2 Notwithstanding termination of this Agreement for whatever reason and/or disqualification and/or withdrawal from the Programme we will remain entitled to:

6.2.1 enforce any claim against you arising from any breach of this Agreement that may have occurred before determination; and

6.2.2 all rights granted or assigned to us under this Agreement and the confidentiality provisions herein shall remain in full force and effect.

7. CONFIDENTIALITY

7.1 Subject to Clause 7.3 below, you shall not before, during or after the end of the Term without our specific prior written consent divulge, or allow to be divulged, to any third party, or use or publish, or permit to be used or published, directly or indirectly on media/multimedia outlet or internet site or interactive platform or social media platform the terms of this Agreement or any details of any related negotiations or any information whatsoever (including photographs) connected with the Programme, the other participants in the Programme or anyone else involved in it, your Contribution, us or our group companies of which you may become aware as a result of your Contribution including without limitation details of conversations, events and other happenings involving you and/or the other participants in the Programme which occur before, during or after filming on the filming location; or any script, text, rules, picture, design, arrangement, title, device, programme idea or feature connected with the Programme, us or our group companies.

7.2 You shall not advertise, publicly announce and/or post on any social media (or notify anyone other than your immediate family or live-in partner) that you may or will provide or have provided your Contribution to the Programme and/or to Rapid Blue in relation to this Agreement and you shall keep the nature of your Contribution, including any possible winnings confidential in accordance with this clause 7 until the date and time of the first transmission of the Programme featuring or including the Contribution.

7.3 Matters in the public domain (other than as a result of breach by you of Clause 7.1 or clause 7.2), proper disclosure to professional advisers (provided that your professional advisers are bound by and comply with the same confidentiality obligations as are set out in this Clause) and disclosures required by the law are hereby excluded from the confidential requirements detailed in Clauses 7.1 and 7.2 above.

7.4 You shall not disclose to any third party (on and form of media including but not limited to limitation press, radio, television, Facebook, Twitter, Instagram or TikTok), without the prior written consent of M-Net/and or the Producers, any information relating to their parent, subsidiary and affiliated companies, the Programme, the application/selection process, your appearance in the Programme, any of the production team, or any other entrants or Participants, nor any other information which may come to your attention relating to M-Net and the Producers, their parent, subsidiary and affiliated companies, or otherwise connected to the Programme, save for such information which is already public knowledge. Should you be approached or contacted by the press/media, you must immediately refer them to M-Net or the Producers

8. DATA PROTECTION

8.1 The Rapid Blue and the broadcaster will use your personal details only for the purposes of considering your application for this series of the Programme and for potential future series, for administration of the competition and for pre agreed publicity purposes and related services should you be successful. Your personal information will not be passed to anyone else except where we are legally obliged to do so. The information will be kept securely by Rapid Blue for 18 Months in accordance with our internal policies and the Protection of Personal information Act 2013, as amended.

In particular and without limiting the scope of this Clause 8, we shall process personal data that you provide or give us access to in the course of your engagement hereunder (including the data contained in this Agreement) to produce, promote, advertise distribute and otherwise exploit the Programme in any media worldwide.

8.2 We may share your personal data with members of the Programme production team, the broadcaster, our affiliates and group companies, legal and regulatory authorities, insurers, our professional advisors and other third parties such as distributors of the Programme. If we transfer your personal data outside of the European Economic Area we shall take reasonable steps to ensure its security and confidentiality.

8.3 The legal basis for collecting and using your personal data is as follows:

8.3.1 You have given us your explicit consent

8.3.2 it is necessary for the performance of this Agreement;

8.3.3 to comply with our legal and regulatory obligations;

8.3.4 to pursue our legitimate business interests, (for example to fulfil contractual obligations to the broadcaster, or to meet our duty of care to safeguard the welfare of our employees or Programme contributors), where we have balanced those against your rights, freedoms and interests; and/or

8.3.5 it is for reasons of public interest.

8.4 You have certain rights in respect of your personal data including a right of access. We may retain your personal data for a reasonable period in accordance with legal requirements after the termination of this Agreement and or in the event of future opportunities with us. We are required to maintain personal data that is accurate and may ask you update it. You should notify us in writing as soon as practicable of any changes to your personal data.

9. ANTI-BRIBERY

9.1 You will comply at all times with any instructions, policies or processes required by us in order to adhere to any money laundering, anti-bribery or anti-corruption legislation or regulations. You will not perform, offer, give and receive bribes or corrupt actions in relation to the procurement or performance of this Agreement. For the purposes of this section, bribes or corrupt actions means any payment, gift, or gratuity, whether in cash or kind, intended to obtain or retain an advantage, or any other action deemed to be corrupt under the applicable country laws. You recognize that bribery is unacceptable to us and must not be undertaken for or on our behalf. You further recognise that compliance with our anti-corruption and bribery policy is a material term of this engagement and a condition of our continuing to do business with you.

10. MISCELLANEOUS

10.1 If any provision of this Agreement (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed not to form part of this agreement, and the validity and enforceability of the other provisions of this agreement shall not be affected.

10.2 We shall be entitled to assign the benefit of this Agreement and of the Contribution and Products hereunder to any third party and you shall provide the Contribution to such assignee and if required you shall enter into a direct contract with the assignee in substitution for and upon the same terms and conditions mutatis mutandis as this Agreement. You shall not assign, transfer, sub-contract, sub-licence or deal in any other manner with this Agreement or any of the rights and obligations arising from this Agreement.

10.3 This Agreement constitutes the whole Agreement between the parties and supersedes all previous agreements between the parties relating to its subject matter. Each party acknowledges that, in entering into this Agreement, it has not relied on, and shall have no right or remedy in respect of, any statement, representation, assurance or warranty (whether made negligently or innocently) other than as expressly set out in this Agreement. Nothing in this Clause shall limit or exclude any liability for fraud.

10.4 No waiver of any breach of any of the terms, provision or condition of this Agreement shall be effective except to the extent made in writing and signed by the waiving party.

10.5 No omission or delay on the part of any party in exercising any right, power or privilege under this Agreement shall operate as a waiver by it of any right to exercise it in future or of any other of its rights under this Agreement.

10.6 Nothing in this Agreement is intended to create between the parties a partnership or joint venture or legal relationship of any kind which would impose liability upon one party for the act or failure to act of the other party, or to authorise either party to act, save as expressly herein provided, as agent for the other.

10.7 If we shall be delayed in, or prevented from, performing any of the provisions of this Agreement by reason of any Event of Force Majeure then such delay or non-performance shall not be deemed to be a breach of this Agreement and no loss or damage shall be claimed by you from us by reason thereof.

10.8 This Agreement shall be governed by and construed in accordance with the laws of South Africa and the parties herein hereby submit to the exclusive jurisdiction of the courts of South Africa.

Schedule “1” · DECLARATION OF GOOD HEALTH

[You complete the declaration in the questions directly below this agreement.]