Common use of Form of Offer and Acceptance Clause in Contracts

Form of Offer and Acceptance. Offer Acceptance for the Employer Eskom Holdings SOC Limited Megawatt Park, ▇▇▇▇▇▇▇ Drive, Sandton, Johannesburg Schedule of Deviations 1. To be completed by the Employer prior to award of contract. This part of the Offer & Acceptance would not be required if the contract has been developed by negotiation between the Parties and is not the result of a process of competitive tendering. 2. The extent of deviations from the tender documents issued by the Employer prior to the tender closing date is limited to those permitted in terms of the Conditions of Tender. 3. A tenderer’s covering letter must not be included in the final contract document. Should any matter in such letter, which constitutes a deviation as aforesaid be the subject of agreement reached during the process of Offer and Acceptance, the outcome of such agreement shall be recorded here and the final draft of the contract documents shall be revised to incorporate the effect of it. N/A No. Subject Details 4 6 By the duly authorised representatives signing this Schedule of Deviations below, the Employer and the tenderer agree to and accept this Schedule of Deviations as the only deviations from and amendments to the documents listed in the Tender Data and any addenda thereto listed in the Tender Schedules, as well as any confirmation, clarification or changes to the terms of the Offer agreed by the tenderer and the Employer during this process of Offer and Acceptance. It is expressly agreed that no other matter whether in writing, oral communication or implied during the period between the issue of the tender documents and the receipt by the tenderer of a completed signed copy of this Form shall have any meaning or effect in the contract between the parties arising from this Agreement. Signature Name ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Capacity CEO – Eskom Development Foundation On behalf of Eskom Holdings SOC Ltd;Megawatt Park; Crn Witkoppen & ▇▇▇▇▇▇▇ Dr, Sunninghill Name & signature of witness Date

Form of Offer and Acceptance. Offer Maintenance of Air Conditioners at Transmission Central Grid as and when required basis For the tenderer: Acceptance for the Employer Eskom Holdings SOC Limited Megawatt Park, ▇▇▇▇▇▇▇ Drive, Sandton, Johannesburg Schedule of Deviations 1. To be completed by the Employer prior to award of contract. This part of the Offer & Acceptance would not be required if the contract has been developed by negotiation between the Parties and is not the result of a process of competitive tendering. 2. The extent of deviations from the tender documents issued by the Employer prior to the tender closing date is limited to those permitted in terms of the Conditions of Tender. 3. A tenderer’s covering letter must not be included in the final contract document. Should any matter in such letter, which constitutes a deviation as aforesaid be the subject of agreement reached during the process of Offer and Acceptance, the outcome of such agreement shall be recorded here and the final draft of the contract documents shall be revised to incorporate the effect of it. N/A No. Subject Details 4 6 By the duly authorised representatives signing this Schedule of Deviations below, the Employer and the tenderer agree to and accept this Schedule of Deviations as the only deviations from and amendments to the documents listed in the Tender Data and any addenda thereto listed in the Tender Schedules, as well as any confirmation, clarification or changes to the terms of the Offer agreed by the tenderer and the Employer during this process of Offer and Acceptance. It is expressly agreed that no other matter whether in writing, oral communication or implied during the period between the issue of the tender documents and the receipt by the tenderer of a completed signed copy of this Form shall have any meaning or effect in the contract between the parties arising from this Agreement. Signature Name ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Capacity CEO – Eskom Development Foundation On behalf of Eskom Holdings SOC Ltd;Megawatt Park; Crn Witkoppen & ▇▇▇▇▇▇▇ Dr, Sunninghill Name & signature of witness Date

Form of Offer and Acceptance. Offer Acceptance The supply and delivery of grocery on an “as and when” required basis for the Employer Eskom Holdings SOC Limited Megawatt Park, ▇▇a period of 3 years to ▇▇▇▇▇ Drive, Sandton, Johannesburg Power Station Canteen Acceptance Schedule of Deviations 1. To be completed by the Employer Purchaser prior to award of contract. This part of the Offer & Acceptance would not be required if the contract has been developed by negotiation between the Parties and is not the result of a process of competitive tendering. 2. The extent of deviations from the tender documents issued by the Employer Purchaser prior to the tender closing date is limited to those permitted in terms of the Conditions of Tender. 3. A tenderer’s covering letter must not be included in the final contract document. Should any matter in such letter, which constitutes a deviation as aforesaid be the subject of agreement reached during the process of Offer and Acceptance, the outcome of such agreement shall be recorded here and the final draft of the contract documents shall be revised to incorporate the effect of it. N/A No. Subject Details 4 6 By the duly authorised representatives signing this Schedule of Deviations below, the Employer Purchaser and the tenderer agree to and accept this Schedule of Deviations as the only deviations from and amendments to the documents listed in the Tender Data and any addenda thereto listed in the Tender Schedules, as well as any confirmation, clarification or changes to the terms of the Offer agreed by the tenderer and the Employer Purchaser during this process of Offer and Acceptance. It is expressly agreed that no other matter whether in writing, oral communication or implied during the period between the issue of the tender documents and the receipt by the tenderer of a completed signed copy of this Form shall have any meaning or effect in the contract between the parties arising from this Agreement. For the tenderer: For the Purchaser Signature Name ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Capacity CEO – Eskom Development Foundation On behalf of Eskom Holdings SOC Ltd;Megawatt Park; Crn Witkoppen & ▇▇▇▇▇▇▇ Dr, Sunninghill (Insert name and address of organisation) (Insert name and address of organisation) Name & signature of witness Date

Form of Offer and Acceptance. Offer Provision of Facilities Management Services (FMS) to Eskom Real Estate (ERE) Zone Bloemfontein in Free State Operating Unit on “as and when required basis” for Core Technical Services. Acceptance for the Employer Eskom Holdings SOC Limited Megawatt Park, ▇▇▇▇▇▇▇ Drive, Sandton, Johannesburg Schedule of Deviations 1. To be completed by the Employer prior to award of contract. This part of the Offer & Acceptance would not be required if the contract has been developed by negotiation between the Parties and is not the result of a process of competitive tendering. 2. The extent of deviations from the tender documents issued by the Employer prior to the tender closing date is limited to those permitted in terms of the Conditions of Tender. 3. A tenderer’s covering letter must not be included in the final contract document. Should any matter in such letter, which constitutes a deviation as aforesaid be the subject of agreement reached during the process of Offer and Acceptance, the outcome of such agreement shall be recorded here and the final draft of the contract documents shall be revised to incorporate the effect of it. N/A No. Subject Details 4 6 By the duly authorised representatives signing this Schedule of Deviations below, the Employer and the tenderer agree to and accept this Schedule of Deviations as the only deviations from and amendments to the documents listed in the Tender Data and any addenda thereto listed in the Tender Schedules, as well as any confirmation, clarification or changes to the terms of the Offer agreed by the tenderer and the Employer during this process of Offer and Acceptance. It is expressly agreed that no other matter whether in writing, oral communication or implied during the period between the issue of the tender documents and the receipt by the tenderer of a completed signed copy of this Form shall have any meaning or effect in the contract between the parties arising from this Agreement. For the tenderer: For the Employer Signature Name ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Capacity CEO – Eskom Development Foundation PROCUREMENT MANAGER On behalf of Eskom Holdings SOC Ltd;Megawatt Park; Crn Witkoppen & ▇▇▇▇▇▇▇ Dr, Sunninghill (insert the name and address of the organisation) Name & signature of witness Date

Form of Offer and Acceptance. Offer The provision of Security Services for Duvha Unit 3 Access Control on Undamaged and visibility on damaged Property at Duvha Power Station Acceptance for the Employer Eskom Holdings SOC Limited Megawatt Park, ▇▇▇▇▇▇▇ Drive, Sandton, Johannesburg Schedule of Deviations 1. To be completed by the Employer prior to award of contract. This part of the Offer & Acceptance would not be required if the contract has been developed by negotiation between the Parties and is not the result of a process of competitive tendering. 2. The extent of deviations from the tender documents issued by the Employer prior to the tender closing date is limited to those permitted in terms of the Conditions of Tender. 3. A tenderer’s covering letter must not be included in the final contract document. Should any matter in such letter, which constitutes a deviation as aforesaid be the subject of agreement reached during the process of Offer and Acceptance, the outcome of such agreement shall be recorded here and the final draft of the contract documents shall be revised to incorporate the effect of it. N/A No. Subject Details 4 6 By the duly authorised representatives signing this Schedule of Deviations below, the Employer and the tenderer agree to and accept this Schedule of Deviations as the only deviations from and amendments to the documents listed in the Tender Data and any addenda thereto listed in the Tender Schedules, as well as any confirmation, clarification or changes to the terms of the Offer agreed by the tenderer and the Employer during this process of Offer and Acceptance. It is expressly agreed that no other matter whether in writing, oral communication or implied during the period between the issue of the tender documents and the receipt by the tenderer of a completed signed copy of this Form shall have any meaning or effect in the contract between the parties arising from this Agreement. For the tenderer: For the Employer Signature Name ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Capacity CEO – Eskom Development Foundation On behalf of (Insert name and address of organisation) (Insert name and address of organisation) Eskom Holdings SOC Ltd;Megawatt Park; Crn Witkoppen & ▇▇▇▇▇▇▇ Dr, Sunninghill Ltd Duvha Power Station P O Box 2199 WITBANK 1035 Name & signature of witness Date

Form of Offer and Acceptance. Offer THE PROVISION TO SUPPLY COMPETENT TECHNICIANS AND THE SPARES TO OVERHAUL 2SAP001CO COMPRESSOR ELEMENTS Acceptance for the Employer Eskom Holdings SOC Limited Megawatt Park, ▇▇▇▇▇▇▇ Drive, Sandton, Johannesburg Schedule of Deviations 1. To be completed by the Employer prior to award of contract. This part of the Offer & Acceptance would not be required if the contract has been developed by negotiation between the Parties and is not the result of a process of competitive tendering. 2. The extent of deviations from the tender documents issued by the Employer prior to the tender closing date is limited to those permitted in terms of the Conditions of Tender. 3. A tenderer’s covering letter must not be included in the final contract document. Should any matter in such letter, which constitutes a deviation as aforesaid be the subject of agreement reached during the process of Offer and Acceptance, the outcome of such agreement shall be recorded here and the final draft of the contract documents shall be revised to incorporate the effect of it. N/A No. Subject Details 4 6 By the duly authorised representatives signing this Schedule of Deviations below, the Employer and the tenderer agree to and accept this Schedule of Deviations as the only deviations from and amendments to the documents listed in the Tender Data and any addenda thereto listed in the Tender Schedules, as well as any confirmation, clarification or changes to the terms of the Offer agreed by the tenderer and the Employer during this process of Offer and Acceptance. It is expressly agreed that no other matter whether in writing, oral communication or implied during the period between the issue of the tender documents and the receipt by the tenderer of a completed signed copy of this Form shall have any meaning or effect in the contract between the parties arising from this Agreement. For the tenderer: For the Employer Signature Name ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Capacity CEO – Eskom Development Foundation On behalf of Eskom Holdings SOC Ltd;Megawatt Park; Crn Witkoppen & ▇▇▇▇▇▇▇ Dr, Sunninghill (Insert name and address of organisation) (Insert name and address of organisation) Name & signature of witness Date