Common use of Undertakings by the Parties Clause in Contracts

Undertakings by the Parties. 25.1 The Parties shall at all times during the continuance of this Agreement observe the principles of good faith towards one another in the performance of their obligations in terms of this Agreement. This implies, without limiting the generality of the aforegoing, that they shall – 25.1.1 at all times during the term of this Agreement act reasonably, honestly and in good faith; 25.1.2 perform their obligations arising from this Agreement diligently and with reasonable care; 25.1.3 make full disclosure to each other of any matter that may affect the execution or implementation of this Agreement. 25.2 It is recognised that the continued growth of the Company will be for the benefit of all BEE Shareholders and accordingly the BEE Shareholders undertake at all times to act in the best interests of the Company and in good faith to one another and to BEE SPV and at all times to use their best endeavours to advance the interests of the Company and BEE SPV. In particular, each of the BEE Shareholders undertakes not directly or indirectly, whether alone or jointly with any third party, to carry out any activity or undertaking of whatsoever nature or kind which directly competes with the Business. 25.3 Each of the BEE Parties undertake at all times to do all such things, perform all such actions and take all such steps (including in particular the exercise of their respective voting rights in BEE SPV and the Company) and to procure the doing of all such things, the performance of all such actions and the taking of all such steps as may be open to them and necessary for or incidental to the putting into effect and maintenance of the terms, conditions and import of this Agreement. 25.4 The undertakings given in this clause 25 shall apply to each BEE Shareholder for so long as that BEE Shareholder remains a shareholder and for a period of 1 (one) year thereafter. 25.5 The undertakings contained in this clause 25 are for the benefit of the Company and BEE SPV.

Undertakings by the Parties. 25.1 26.1 The Parties shall at all times during the continuance of this Agreement observe the principles of good faith towards one another in the performance of their obligations in terms of this Agreement. This implies, without limiting the generality of the aforegoing, that they shall – 25.1.1 26.1.1 at all times during the term of this Agreement act reasonably, honestly and in good faith; 25.1.2 26.1.2 perform their obligations arising from this Agreement diligently and with reasonable care; 25.1.3 26.1.3 make full disclosure to each other of any matter that may affect the execution or implementation of this Agreement. 25.2 26.2 It is recognised that the continued growth of the Company will be for the benefit of all BEE Shareholders and accordingly the BEE Shareholders undertake at all times to act in the best interests of the Company and in good faith to one another and to BEE SPV and at all times to use their best endeavours to advance the interests of the Company and BEE SPV. In particular, each of the BEE Shareholders undertakes not directly or indirectly, whether alone or jointly with any third party, to carry out any activity or undertaking of whatsoever nature or kind which directly competes with the Business. 25.3 Each of the 26.3 The BEE Parties Shareholders and BEE SPV undertake at all times to do all such things, perform all such actions and take all such steps (including in particular the exercise of their respective voting rights in BEE SPV and the Company) and to procure the doing of all such things, the performance of all such actions and the taking of all such steps as may be open to them and necessary for or incidental to the putting into effect and maintenance of the terms, conditions and import of this Agreement. 25.4 26.4 The undertakings given in this clause 25 26 shall apply to each BEE Shareholder for so long as that BEE Shareholder remains a shareholder and for a period of 1 (one) year thereafter. 25.5 26.5 The undertakings contained in this clause 25 26 are for the benefit of the Company and BEE SPV.