CLIENT NAME

PROJECT NAME

CONTRACT No.

1.0 CONDITIONS OF CONTRACT

1.1 GENERAL CONDITIONS OF CONTRACT

The Contract shall be governed by the General Conditions of Contract, Sixth Edition 1990 for use in connection
with Works of Civil Engineering Construction, as approved by the South African Institution of Civil Engineers,
the South African Association of Consulting Engineers and the South African Federation of Civil Engineering
Contractors. The General Conditions are not bound into this Document. The only variation from the General
Conditions amended hereby shall be contained in the Special Conditions of Contract bound in this document.

The Tender, Annexures, Agreement and Surety contained in the General Conditions shall be interpreted as
modified by the amending conditions in this document. Save where these conditions indicate otherwise, any
reference to a specified clause shall mean the relevant clause in the General Conditions.

In the event of any conflict between the provisions contained in the General Conditions and these amending
conditions, the latter will prevail.

2.2 SPECIAL CONDITIONS OF CONTRACT

2.2.1 Definitions, Interpretation & General Provisions

(a) Delete the wording of Clause 1(1)(l) and replace with

The "Employer" and "BLENDCOR" shall mean BLENDCOR (Pty) Ltd, P.O. Box 368, Durban 4000.

(b) Delete Clause 1(1)(m) and replace with

The "Engineer" shall mean SKP ENGINEERS cc, P.O. Box 326, Westville, 3630, or their duly authorised
representative.

(c) Add as Clause 1(1)(bb)

A "Sub-Contractor" shall mean any nominated Sub-Contractor as defined in Clause 9(1) or any person, firm, or
company (other than the Contractor) named in the Contract for any part of the Contract which has been sublet
with the consent in writing of the Engineer and shall include the Sub-Contractor's legal personal representative,
successors and permitted assigns.

(d) Add the following to Clause 1(3):

No omission, delay, relaxation or indulgence on the part of either party in exercising any of its rights under the
Agreement of this Contract shall operate as a waiver of such rights.

2.2.2 Engineer & Engineer's Representative

(a) Add as Clause 2(8)

The validity and effectiveness of this Contract concluded between the Contractor and the Employer, or of any
certificate issued or decision or interpretation given by the Engineer or the Engineer's Representative in pursuance
of this Contract, may not be challenged on the ground that the Engineer or his Representative have advised the
Employer on any matter relative to the Contract or to the Works or to any dispute between the Contractor and the
Employer.
2.2.3 Basis of Contract

(a) Add the following to Clause 3(2)(c):

the prevailing conditions and the risks attendant upon the Works, including facilities, conditions of labour, wage
standards, security and safety requirements, and environmental and industrial aspects.

(b) Add as Clause 3(2)(e):

the working hours which pertain to the operations of the Employer.

(c) The existing Clause 5 is to be re-numbered 5(1):

(d) Add as Clause 5(2):

Any amendment or modification of, or addition to, the provisions of the formal Agreement shall be in writing and
signed by the Employer and the Contractor.

(e) Add as Clause 5(3):

The Employer and the Contractor hereby agree to waive any right which they may have to rely for non-
performance of any obligation upon the lack of authority of any signatory who has purported to sign the
Agreement on their behalf.

(f) Add as Clause 6(1)(c):

Ensure that all Constructional Plant, Temporary Works, materials and transport are suitable for the purposes for
which they are to be utilized and that they are maintained and where applicable operated in a safe manner.

(g) Clause 6(2) shall be amended by the addition of the words "or Temporary" after the word "Permanent" in line 1
and by the addition of the following sentence:

He shall also, on completion of the Contract furnish to the Employer free of charge a set of reproducible "as built"
drawings.

(h) Add as Clause 6(6):

Should the Engineer, after reviewing and/or approving any drawing or drawings, relevant information or
instructions submitted by the Contractor, subsequently consider the same to be defective (in any way) he shall
have the right to retract his actual or implied approval.

(i) Add the following to Clause 8(2):

If the Contractor sub-contracts part of the work to a sub-Contractor without the prior written approval of the
Engineer, the Engineer shall be entitled to require such sub-Contractor forthwith to vacate the site.

(j) The existing Clause 8(4) is to be renumbered 8(4)(a)

(k) Add as Clause 8(4)(b):

Any sub-contract concluded by Contractor:

(i) Shall not bind or purport to bind the Employer

(ii) Shall oblige the Sub-Contractor to observe the terms and conditions of the Contract including the General
and Special Conditions of Contract.
2.2.4 Commencement of work

(a) Delete Clause 12(2) and replace with:

The Commencement Date shall be the date of delivery of the Letter of Acceptance unless specified otherwise in
the Letter of Acceptance.

(b) Add the following to Clause 13(3):

The Contractor shall keep the Site and its surrounds and any other area which BLENDCOR may put at its
disposal, in a good state of order and cleanliness.

(c) The detail specified in Clause 15(3) is required with the programme called for under Clause 15(2).

(d) Add as Clause 15(3)(e):

Dates by which any materials, plans, drawings, specifications, etc., which the Employer or the Engineer may be
supplying, must be available to the Contractor.

(e) Add as Clause 15(6):

In addition to the Programme referred to in the Clause 2.2.4(c) above, the Contractor shall produce within one
week of the award of the Contract an interim construction programme for the period between the award and the
issue of the Programme.

(f) Add as Clause 15(7)

The Contractor's Programmes are to make allowance for weather conditions and are to allow for the production
output of an average of two working days per month being lost due to inclement weather during the Contract
period.

The Contractor's detailed working programme is also to make due allowance for establishment of plant, materials
and personnel on site, for installation of temporary service requirements from the permanent site facilities and also
for the erection of temporary buildings and latrines.

No start will be permitted on the permanent Works until latrines are provided by the Contractor for his site staff,
until a responsible representative of the Contractor has been approved by the Engineer in terms of Clause 25 of
the General Conditions of Contract, and until the appointment of a representative in terms of Clause 2.2.13(k)
below has been received by the Engineer.

2.2.5 Contractor's Employees

(a) Clause 23(1) is to be re-numbered as Clause 23(1)(a).

(b) Add as Clause 23(1)(b)

The Contractor shall ensure that all his employees comply with BLENDCOR's rules and regulations prevailing
during the period of the Contract.

(c) Add as Clause 23(1)(d)

The Contractor shall refrain, and shall ensure that his employees or the employees of any Sub-Contractor refrain,
from any action likely to prejudice labour relations between BLENDCOR and its employees.

(d) Add as Clause 23(1)(e)

The Contractor shall consult with BLENDCOR concerning Trade Union matters which affect the execution of the
Works and, without affecting the generality of the foregoing:
 (i) If the Contractor's employees are involved in the labour dispute or in any strike action, whether legal or
illegal, the Contractor shall immediately notify the Engineer.

(ii) BLENDCOR may at its own discretion instruct the Contractor to remove such striking employees from the
Site until such time as the strike action has ceased and industrial/labour relations have returned to normal:
provided that if any strike action lasts for more than 3 (three) days, the Contractor shall, upon request by
and in consultation with BLENDCOR, forthwith replace the personnel engaged in such strike action.

(iii) During any strike action the Contractor shall, through its management and representatives, refrain from
making public statements to authorities and news media which may in any way harm or prejudice, or tend
to harm or prejudice BLENDCOR and/or the good name of BLENDCOR.

(e) Add the following to Clause 23(3)

In the event of the Contractor's failure to comply with the Engineer's requirements, the Engineer shall have the
right to take such steps as he deems necessary to obtain such information and the Contractors monthly payments
may be reduced by the amount of such costs as are incurred by the Engineer.

2.2.6 Materials, Workmanship & Construction Plant

(a) Clause 26(1) is to be re-numbered as Clause 26(1)(a).

(b) Add as Clause 26(1)(b)

The Contractor shall indemnify the Employer from any consequence of non-compliance with Clause 26(1)(a)
while the Works are in progress or during the Defects Liability Period.

(c) Add the following to Clause 27

If Contractor intends to carry out any part of the Work at a place other than the Site, he shall, before commencing
such part of the Work, inform the Engineer in writing of his intention.

2.2.7 Care of Works, Damage, Injury and Insurance

(a) The wording of Clause 36 is to be deleted and replaced with:

36(1) Contractor shall be liable for any loss of or damage to:

(a) The Work, comprising any permanent and/or temporary works forming part of the Contract and all
materials and other things to be incorporated therein; and
(b) Any property, movable or immovable, of BLENDCOR located on or adjacent to the contract site
and held in the care, custody or control of Contractor.

36(2) Contractor shall be liable for any loss of or damage to any other property, movable or immovable of
BLENDCOR wheresoever situated if such loss or damage is caused by any negligent or other wrongful act or
omission by Contractor, any Sub-Contractor or any employee of the Contractor or Sub-Contractor, in the course
of or in connection with the performance of the Works, save to the extent that such loss or damage is caused partly
by the fault of BLENDCOR or its employees.

36(3) Contractor shall be liable for:

(a) Any loss of or damage to any property of any third party, any Sub-Contractor, or any employee of
Contractor or any Sub-Contractor, and
(b) Any personal injury to or death of any third party, including any Sub-Contractor or any employee
of BLENDCOR or of the Contractor or such Sub-Contractor,
 if such loss, damage, injury or death, as the case may be, is caused by any negligence or other wrongful act
or omission by Contractor, any Sub-Contractor, or any employee of Contractor or Sub-Contractor in the
course of or in connection with the performance of the Work.

36(4) Contractor hereby indemnifies BLENDCOR against any liability, claim or proceedings whatsoever
(including any costs in connection therewith) arising out of any loss of or damage to any property or out of any
personal injury to or the death of any third party for which Contractor is liable in terms of 36(3).

36(5) If the Contractor does not within a reasonable time comply with the requirement of Subclause 36(2) above,
the Employer may arrange to have the repairs done and deduct the cost from the Contractor's next Monthly
Payment Certificate.

(b) The wording of Clauses 38(1) to 38(6) inclusive are to be deleted and replaced with:

38(1) Subject to the provisions of 38(2) BLENDCOR shall arrange the necessary insurances in respect of the
Contract in the joint names of BLENDCOR and of Contractor to cover all the risks referred to in Clauses 36(1) to
36(4) inclusive up to, but not exceeding, the amounts specified below.

Insurance Maximum amount of Insurance

Clause 36(1)(a) R10 000 000,00

Clause 36(1)(b) R 5 000 000,00
Clause 36(2) &
Clause 36(3) R 5 000 000,00

38(2) Notwithstanding the provisions of 38(1) Contractor shall remain liable in terms of Clauses 36(1) to 36(4)
in respect of any damage, loss or liability arising out of the gross negligence or wilful misconduct of Contractor in
the course of or in connection with the performance of the Work.

38(3) Notwithstanding anything to the contrary contained in 38(1):

(a) Contractor shall be obliged to effect its own insurance in respect of any damage or injury against
which Contractor is obliged by law to insure.

(b) Contractor shall insure against all loss or damage arising from all causes which are insurable, all
Construction Equipment and Maintenance Equipment brought on to the site where the Work being
performed in terms of the Contract to the full value of such Construction and/or Maintenance
Equipment.

38(4) Any insurance effected by Contractor, in terms of 38(3) shall be with an insurance company approved by
BLENDCOR and in the joint names of BLENDCOR and Contractor, or suitably framed or endorsed to indicate
the interest of BLENDCOR therein and maintained in full force and effect until the date upon which all such
Construction and/or Maintenance Equipment has been removed from the Worksite, or until BLENDCOR has
accepted the work whichever is the latest. Any such insurance policy, together with the receipts for the due
payments, from time to time of the premiums, shall be deposited with BLENDCOR or its nominee and in the
event of Contractor failing to effect or maintain any such insurance, BLENDCOR shall have the right to do so and
to deduct any premiums paid or payable in respect thereof from any sums owing by BLENDCOR to Contractor.

38(5) If so required by BLENDCOR, Contractor shall, upon any settlement of any claim under any policy
referred to in 38(1), 38(2) and 38(3), proceed with due diligence to rebuild, reconstruct, replace or repair the work,
Materials and Equipment, as the case may be, damaged or destroyed and all moneys received under such policies
shall be paid to Contractor in accordance with the provisions of Clause 52(1) hereof which shall apply mutatis
mutandis.

38(6) Nothing contained in this Clause 38 shall relieve Contractor from its liability arising from design work for
which it is responsible or its obligation to take care of the Works until taken over by BLENDCOR.

(c) Add as new Clause 38(8)

 The Contractor will be liable for the payment of the First Amount Payable (deductible) in respect of each claim
paid in terms of the Policy effected by the Employer.

(d) Add as new Clause 38(9)

A copy of the policy wording will be made available to Tenderers on request. Unless the Contractor notifies the
Engineer in writing prior to commencement of the Works that he has not seen a copy of the policy, then as from
the Commencement of the Works the Contractor shall be deemed, for the purposes of this Contract, to be fully
aware of the conditions of that policy.

(e) Add as new Clause 38(10)

The Contractor shall notify the Employer and the Engineer in writing of any material fact or circumstance or of
any information known to him which may be relevant to the arrangement of the insurance or which may in any
way affect the validity or enforceability of the policy and shall comply with all the conditions and requirements of
the policy and ensure compliance therewith by Sub-Contractors.

(f) Add as new Clause 38(11)

In the event of any occurrence which is likely to give rise to a claim under the insurances arranged by the
Employer, the Contractor or Sub-Contractor shall:

(i) in addition to any statutory requirement and/or other requirements contained in these Special Conditions
immediately notify the Engineer and the Employer by telephone giving the circumstances, nature and an
estimate of the loss or damage;

(ii) when and as required by the Employer, furnish such information, invoices and documentation as may be
necessary to enable the Employer to proceed with the insurance claim;

(iii) afford all access to the representatives of the Insurers for the purpose of the assessment of the loss or
damage;

(iv) when and as required by the Employer, negotiate the settlement of any claim with the Insurers through the
Employer subject to the settlement being approved by the Employer.

The Engineer shall have the right to make all and any enquiries either on the Site or elsewhere as to the cause and
results of any such accident and the Contractor shall give the Engineer full facilities for carrying out such
enquiries.

(g) Add as new Clause 38(12)

The Contractor shall effect and shall be responsible for all Sub-Contractors effecting the following insurances:

(i) Insurance of Workmen in accordance with the provisions of the Workman's Compensation Act.

(ii) Employers Common Law Liability Insurance in the joint names of the Contractor and/or Sub-Contractors
for any one person for any one occurrence, indemnifying them jointly and severally against liability for
bodily injury to any person engaged in or upon the service of the Contractor or Sub-Contractor under a
Contract of Service or Apprenticeship at the time of the occurrence giving rise to such loss, injury or
damage caused by or arising out of the execution of the Permanent Works or Temporary Works during the
period of the Contract;

(iii) Insurance of Constructional Plant.

(iv) Motor Vehicle Liability Insurance, comprising "Balance of Third Party" Motor Risks (including Passenger
Liability) in respect of all power driven vehicles brought onto the Site by the Contractor or his Sub-
Contractors.
 (v) Where the Contract requires that design or any part of the Works shall be provided by the Contractor or
any Sub-Contractor: Professional Indemnity Insurances with a limit of indemnity of not less than 100% of
the value of that portion of the Works to be designed by the Contractor or Sub-Contractor, or R1 000 000,
which ever is the greater amount.

(vi) Where the Contract involves manufacture and/or fabrication of plant, equipment or other gods at premises
other than the Site, the Contractor shall satisfy the Employer that such items are adequately insured during
such manufacture and/or fabrication and that, where applicable, any insurable interest on the part of the
Employer has been noted by endorsement on the relative Policies.

These insurances shall be maintained in force for the duration of the Contract and until the issue of the Final
Approval Certificate in terms of Clause 55(1). Where applicable, the interests of the Employer and the Engineer
shall be included in the policies. The insurances to be provided by the Contractor and/or Sub-Contractor shall be
effected with Insurers and on terms approved by the Employer (which approval shall not be unreasonably
withheld) and the Contractor shall, when required, produce to the Employer such policy or policies of insurance
and the receipt for payment of the current premium or such other evidence of insurance as the Employer may
require. The Contractor is required to give 30 days advance notice in writing to both the Engineer and the
Employer of any proposed cancellation, termination or alteration of the policy or policies which the Contractor is
required to effect.

(h) Add as Clause 38(13)

The Contractor warrants that:-

(i) he shall give all notices and observe all the terms and conditions and requirements of all insurances
applicable to the Contract;

(ii) he shall not do or omit anything which might prejudice the interests of the Employer in respect of any of
the policies referred to in Clause 38 of the General Conditions as amended in these Special Conditions.

(iii) he shall actively assist the Employer and ensure where applicable that all Sub-Contractors actively assist
the Employer in connection with any claim made under this Clause 38.

(iv) where Insurance on behalf of any Sub-Contractor as called for cannot be effected by the Contractor, the
Contractor shall ensure that these Insurances are effected by such Sub-Contractor prior to the
commencement of work by the latter and the Contractor shall ensure that all obligations of the Contractor
in terms of this Clause 38 are, where applicable, made obligations of Sub-Contractors mutatis mutandis.

(i) Add as Clause 38(14)

If the Contractor does not comply with Clauses 38(1) to 38(13) in any respect whatsoever, the Contractor hereby
indemnifies BLENDCOR for any loss or damage which may arise or be brought against BLENDCOR in respect
of matters arising from such non-compliance.

2.2.8 Variations

(a) Add as Clause 39(4)

The Contractor shall not be obliged to carry out any modification involving an increase in the Work if such
increase, together with any previous modifications, represents an increase of more than 25% of the original
Contract price.

(b) Add the following as a concluding paragraph to Clause 40(3):

The maximum period to be allowed for such notice shall be 14 days.

(c) Add as Clause 40(5)

 If costs are to be incurred for acceleration of the Works or for any other reason, then the Employer shall have
agreed in writing to this expenditure before work starts, failing which the Employer shall not be liable for such
additional costs.

2.2.9 Progress and Time for Completion

(a) Clause 44 is to be re-numbered as Clause 44(1).

(b) Add as Clause 44(2)

Claims for reimbursement of standing time may only be lodged if the time is in excess of 4 (four) consecutive
hours for each person or item. The Engineer must be advised immediately if an interruption occurs which may
result in a Standing Time Claim.

(c) The Clause 45(2) is to be re-numbered 45(2)(a).

(d) Add the following as Clause 45(2)(b):

Only days lost due to inclement weather in excess of the total number which should have been allowed by the
Contractor in terms of Clause 2.2.4(f) of these Special Conditions will be considered by the Engineer for an
extension to the Time of Completion of the Works.

(e) Add as Clause 45(2)(c):

In terms of Clause 3, the Contractor is deemed to have familiarised himself with the site before submitting his
tender. No extensions to the Time for Completion shall be considered for delays incurred by the Contractor, his
agents or Sub-Contractors as a result of the normal working conditions pertaining to operations at BLENDCOR.

(f) Add as Clause 45(2)(d):

No extension of time will be allowed by the Engineer for work authorized which falls within the value of the 10%
contingency sum unless this work can reasonably be shown by the Contractor to have presented particular
programming problems.

2.2.10 Claims, Certificates and Payment

(a) In Clause 51:

(i) the periods of 28 days referred to shall be reduced to 7 days.

(ii) the periods of 56 days referred to shall be reduced to 28 days.

2.2.11 Completion & Approval Certificates & Defects & Liability Period

(a) Add the following to Clause 54(2):

In the absence of a written Certificate of Practical Completion, the Works shall not be considered as accepted
either in whole or in part and no acceptance shall be constituted by any verbal acceptance by any representative of
BLENDCOR during the execution of the Works or by the partial payment of advances made to the Contractor
during the course of the Works.

2.2.12 Cancellation, Disagreement and Disputes

(a) Add as a new paragraph at the end of Clause 58(1)

In addition, BLENDCOR shall, in its sole discretion, be entitled to cancel the Contract on 24 hours written notice
should the Contractor, by act or omission, endanger the safety or undermine the security of the BLENDCOR site,
or cause the lives of the persons employed there to be endangered.
(b) Add as Clause 58(8):

Should the Contract be cancelled for any reason not covered in Clause 58(1) as amended, above, the Contractor
shall still be paid in accordance with Clause 58(5).

2.2.13 Additional Clauses

(a) The language in which this Contract is to be conducted shall be English.

(b) The Contractor warrants to the Employer that he is fully experienced, licensed and properly qualified for the
purpose of executing the Works and that he is properly equipped, organised and financed to perform such works
and that he shall select qualified personnel who are properly licensed or registered under applicable law.

(c) The Contractor shall adhere to the highest standard of business ethics and, in particular, shall ensure that none of
its officers, employees, or agents will make, provide or offer gifts. payments, loans or other considerations to
employees or agents of BLENDCOR or receive the same.

(d) The Contractor shall carry out the Works as an independent Contractor and neither the Contractor, any Sub-
Contractor nor any of their employees, agents, representatives or servants shall be the employees, agents,
representatives or servants of BLENDCOR.

(e) The Contractor shall not engage any labour that has been previously employed by the Employer or by other
Contractors engaged in work for the Employer unless a period of six months has elapsed since the termination of
such employment or unless the arrangement is specifically agreed to in writing by the Employer.

(f) The Contractor shall at all times co-operate with BLENDCOR to ensure that no unauthorised person enters the
Site or remains therein.

(g) The Contractor is to ensure that his employees or agents do not bring alcohol or addictive drugs onto
BLENDCOR property or seek access to the property whilst under the influence of alcohol or addictive drugs.

The Contractor shall submit to random breathalyser tests. Any person found to be positive shall be removed from
site immediately.

(h) The Contractor shall be required to sign the Declaration of Secrecy in the form set forth in Annexure C before
commencing work on the Site.

(i) No photographs may be taken nor drawings or sketches made of the Works or of any other article of the
Employer. No information concerning the Works or the operations of the Employer may be given to any third
party and no articles or papers may be written about the Works without prior written consent of the Employer.

(j) The BLENDCOR site has a high safety rating by petroleum industry standards. The Contractor will be expected
to run his site works to a similar standard. All employees of the Contractor and his Sub-Contractors must attend
the BLENDCOR Safety and Health Induction Course before commencing work. Employees failing to attend the
course will be barred from the Site.

The Contractor and his Sub-Contractors shall at all times and at his and their own cost, comply with all rules and
regulations, statutory or otherwise regarding the safety of his or their employees, including the provision of all
protective clothing and/or safety equipment called for in such rules and regulations and shall at all times conform
to any instructions given by a Safety Officer having jurisdiction on or in the vicinity of the Site. The Contractor
and his Sub-Contractors shall also ensure that their employees comply with these rules and regulations.

The Contractors site managers/supervisors shall attend the scheduled meetings where safety shall be addressed.

All accidents/incidents shall be investigated and reported on the BLENDCOR standard forms. The Contractor
shall participate in all emergency exercises.
 The Contractor shall carry out weekly safety inspections, which shall be submitted to the BLENDCOR.

Smoking will not be permitted on the Site.

(k) The Contractor is to familiarise himself with the relevant requirements of the Occupational Health and Safety Act
of 1993 (as amended) and other related legislation, and shall appoint in writing a person or persons to ensure that
the requirements of the Acts and Regulations are met by persons under his control. A copy of each such
appointment shall be lodged with the Employer through the Engineer before a start is made on the permanent
works.

(l) The medical attention provided for the Contractor's employees and hygiene standards set by the Contractor must
be of a standard acceptable to the Engineer and the Employer's Safety Officer.

In the event of any of the Contractor's employees becoming ill or injured on the Employer's property through any
cause whatsoever, including assault, the Employer reserves the right to arrange for such medical, surgical and
hospital services as he considers necessary, and the Contractor undertakes and agrees to pay all expenses thereby
incurred. All the Contractor's employees on the Employer's property in connection with this Contract shall fall
under the medical discretionary control of the Employer's clinic staff and Medical Officer, who shall also have the
right to require any individual employee to submit to a medical examination at any time.

Notwithstanding the above, any absence from work for a medical examination, for treatment, or through sickness
shall be at the Contractors expense.

(m) BLENDCOR is within the declared harbour area of Durban and access to and from the Site is through a Security
Post operated on behalf of the local authority. Contractor personnel requiring access to any BLENDCOR site
must be in possession of identification in the form of an identity document, passport or any similar document
bearing the holder's photograph and name. Vehicles may be subjected to customs or security searches at any time
as required by appropriate authorities and may be prevented from proceeding to the Site. The Contractor and his
staff will be expected to co-operate fully. The cost of any delays will be borne by the Contractor.

(n) Existing services which have been shown on the drawings must be adequately protected at all places which are
traversed by plant or equipment. The Contractor shall be held responsible for any damage caused to existing
services where the positions have been indicated or where they are visible.

(o) No work of any sort (whether for permanent or temporary works) may be undertaken without the Contractor first
obtaining written authority from the Employer through the Engineer or his appointed representative.

(p) The Contractor shall maintain a suitable day book in which all circumstances pertaining to the execution of the
works are recorded, e.g. weather conditions, difficulty in execution of the works, etc. This book shall be available
for inspection by the Engineer. A copy of the entries in this book for the period since the submission of the last
claim for payment must be forwarded to the Engineer with each subsequent claim for payment.

(q) The Contractor shall only use "Shell" and "BP" fuels, lubricants and other "Shell" and "BP" products in
connection with the execution of the Works.

(r) Where it is specified that BLENDCOR shall supply any equipment or materials to the Contractor free of charge,
such equipment and/or materials shall be made available at BLENDCOR's warehouses. The Contractor shall, after
taking delivery of the equipment and materials be responsible for all losses, damage or deterioration thereto unless
he is able to show that this is caused by force majeure or is due to ordinary wear and tear and shall, therefore -

(i) on receiving such equipment and materials, immediately check them both with regard to quantity as well
as quality and within two (2) days of the date of delivery, notify BLENDCOR in writing of any shortage or
defect, failing which the Contractor shall supplement any shortage or repair any defect at its own expense.

(ii) handle and load the equipment and materials at the BLENDCOR warehouse and transport them to and
unload them at the worksite at his own expense.
 (iii) take good care of the equipment and materials by providing adequate cover and by taking all measures
necessary to protect them against theft, fire, storm and any other circumstance likely to cause damage or
deterioration.

The Contractor shall redeliver at his own expense and in the same good order and condition as they were received,
fair wear and tear excepted, all equipment and materials supplied by BLENDCOR which are surplus on
completion of the Works or are no longer required for the Works during the execution thereof.

(s) Any delays in or failure of performance by BLENDCOR or the Contractor shall not constitute a breach of the
Contract if and to the extent that such delays or failures of performance are caused by force majeure or other
occurrences beyond the control of BLENDCOR or the Contractor, as the case may be, including but not limited
to, acts of God or the public enemy, expropriation or confiscation of facilities, compliance with any order or
request of any governmental authority, acts of war, rebellion or sabotage or damage resulting therefrom, fires,
floods explosions and accidents, riots or strikes or other concerted acts of workmen, whether direct or indirect, or
any causes, whether or not of the same class or kind as those specifically abovenamed, which are not within the
control of BLENDCOR, or Contractor respectively.

Each party shall give notice to the other immediately on the occurrence of any event of force majeure which
causes or is likely to cause any failure to perform any obligations hereunder. Such notice shall identify the event
(explaining why it will cause such failure), assess the likely consequences and suggest ways of overcoming the
problems, whereafter all affected parties shall meet without delay in an endeavour to determine whatever action
should be taken to minimise or avoid the consequences of the force majeure.

(t) Where in the General Conditions of Contract, reference is made to reimbursement of Contractor's costs, expenses
or damages these shall be determined without inclusion or allowance for profits but shall include overhead costs
whether incurred on or off the Site.

(u) If any item to be furnished by the Contractor in terms of the Contract should not be furnished timeously, or should
any such item not be properly submitted, the Engineer shall be entitled to withhold R20 000,00 from any
certificate of payment in respect of each such item until such item shall have been properly furnished in
accordance with the Contract, provided that the Engineer shall be entitled to withhold payment of all amounts due
to the Contractor until the Programme referred to in Clause 15 has been furnished.

(v) The Contractor will be entitled to one additional copy of this Document which will be issued only if requested by
the Contractor. The Contractor will also receive four copies of all Drawings issued by the Engineer for the
construction of the Works. Any additional copies of this Document or working Drawings requested by the
Contractor will be issued but may be charged for by the Employer.

(w) The Contractor agrees to the terms and conditions of the Contractor SAFETY PERFORMANCE BONUS
SCHEME as detailed elsewhere in the Contract Documentation.