ENQUIRY NO. LE 0622 TENDERS ARE DUE ON: 16 MAY 2016, AT 14:00 IMPORTANT NOTICE

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1 ENQUIRY NO. LE 0622 ARCELORMITTAL SOUTH AFRICA LTD INVITES TENDERS FOR TO ESTABLISH A DISTRIBUTION CENTRE FOR LONG STEEL PRODUCTS EX NEWCASTLE IN THE GREATER JOHANNESBURG AREA LOCATED WITHIN A 30KM RADIUS FROM KEY CUSTOMERS IN WADEVILLE & GERMISTON. TENDERS ARE DUE ON: 16 MAY 2016, AT 14:00 IMPORTANT NOTICE The Tenders must be deposited in the TENDER BOX at the undermentioned physical address: Please include both a hard copy and flash drive with a soft copy and relevant detail files. ArcelorMittal VANDERBIJLPARK Commercial Building Procurement & Logistics (approach from Delfos Boulevard) Directions to TENDER BOX are indicated as such when entering ArcelorMittal Vanderbijlpark. (PLEASE DO NOT INCLUDE A COPY OF THIS ENQUIRY IN YOUR TENDER) (Also see paragraph 2.1) DATE ISSUED: 25 APRIL 2016

2 PART 1 GENERAL, LEGAL, COMMERCIAL & FINANCIAL ASPECTS INSTRUCTIONS TO TENDERER DISCREPANCIES ALTERATIONS, OMISSIONS OR ADDITIONS CONTRACTUAL / TECHNICAL ENQUIRIES TENDERS SUBMISSION OF TENDER INCORRECT ADDRESS TENDERS TO BE COMPLETE VARIATIONS / QUALIFICATIONS BY TENDERERS / ALTERNATIVE TENDERS LATE TENDERS CRITERIA FOR TENDER SELECTION VALIDITY OF TENDER CONTRACT PERIOD INFORMATION THAT MUST BE SUPPLIED BY TENDERERS TARIFF RATES PRICE ADJUSTMENT (ESCALATION) INVOICES PAYMENT TERMS CONFIDENTIALITY DURATION... 8 PART 2 - SCOPE AND SPECIFICATION OF PRODUCTS SCOPE... 9 PART 3 - GENERAL CONDITIONS VEHICLES AND EQUIPMENT TO BE USED SAFETY PROCEDURES RE-ROUTING PRE-INSPECTION OF VEHICLES RISK AND LIABILITY PROVISION IN THE EVENT OF DEFAULT TERMINATION PERMITS LAWS AND REGULATIONS TO BE COMPLIED WITH FORCE MAJEURE SUCCESSFUL TENDERERS EMPLOYEES SUCCESSFUL TENDERER(S) TO EDUCATE AND SATISFY HIM/HERSELF FULLY OF ALL CONDITIONS AFFECTING THE AGREEMENT PRICES ASSIGNMENT OF AGREEMENT INSOLVENCY ARBITRATION. DISPUTES AND CLAIMS HARDSHIP PART 4 - MANAGEMENT AND PRODUCTIVITY IMPROVEMENT VISION MANAGEMENT PRODUCTIVITY IMPROVEMENT PLAN PART 5 - ANNEXURES... 29

3 PART 1 GENERAL, LEGAL, COMMERCIAL & FINANCIAL ASPECTS 1 INSTRUCTIONS TO TENDERER 1.1 DISCREPANCIES The Tenderer shall check the numbers of the pages before submission of his tender. Should any page be found to be missing or figures or writing be indistinct or any obscurity or doubt arise as to the meaning of any description or particulars of any item or if this document contains any discrepancies or obvious errors, then the Tenderer shall immediately inform the Logistics Procurement Specialist, ArcelorMittal, Vanderbjlpark, (see par. 1.3) and have the problem rectified or explained as the case may be. No claim whatsoever will be entertained for error in the tender price resulting from the abovementioned discrepancies Should there be any contradictions, discrepancies and/or ambiguities between any of the documents or parts thereof embodied in the enquiry documents, this should be pointed out to ArcelorMittal for clarification during the tendering stage, as no claim as a result of such contradictions, discrepancies or ambiguities will afterwards be considered by ArcelorMittal. In the absence of any clarification having been obtained from ArcelorMittal, the tender may be qualified accordingly. 1.2 ALTERATIONS, OMISSIONS OR ADDITIONS No alterations, omissions or additions shall be made to this document, but should it be deemed necessary to do so, then the Tenderer must qualify his tender accordingly. 1.3 CONTRACTUAL / TECHNICAL ENQUIRIES Enquiries or information required with regard to the COMMERCIAL, FINANCIAL and CONTRACTUAL aspects of this enquiry document may be discussed telephonically with: Hugh Thomas TCO Logistics Manager, ArcelorMittal South Africa Tel: Cell: Hugh.thomas1@arcelormittal.com Koogan Marie Logistics Senior Procurement Specialist, ArcelorMittal South Africa Tel: or Marie.Koogan@arcelormittal.com Enquiries of a TECHNICAL NATURE, CUSTOMER INFORMATION AND SITE INSPECTIONS can be discussed / arranged with:

4 Refer to point A Tender clarification session will be held on 4 May 2016 in Newcastle. (Venue & Time to be confirmed) 2 TENDERS 2.1 SUBMISSION OF TENDER The Tender, covering letter and supporting documents shall be submitted to ArcelorMittal in SINGLE hard copy and electronic copy (CD or Flash) in sealed envelopes or parcels on which the name of the Tenderer is not disclosed and shall be marked and addressed as follows: TENDER: ENQUIRY NO. LE 0622 DISTRIBUTION CENTRE FOR: ARCELORMITTAL NEWCASTLE JOHANNESBURG CUSTOMERS. IMPORTANT: DOUMENT PLEASE DO NOT SUBMIT A COPY OF THIS ENQUIRY 2.2 INCORRECT ADDRESS Any tender inadvertently opened before the closing time and date for the receipt of tenders due to an incorrect address or marking will not be considered by ArcelorMittal. 2.3 TENDERS TO BE COMPLETE The Tendered shall submit a complete tender to ArcelorMittal. No additional submission of information pertaining to an incomplete tender will be permitted. 2.4 VARIATIONS / QUALIFICATIONS BY TENDERERS / ALTERNATIVE TENDERS The Tenderer shall tender strictly in accordance with the requirements of the enquiry document, but is allowed to submit in addition alternative tender(s) in which case the alternative tender(s) shall be accompanied by appropriate tender forms, schedules, specifications, etc. The Tenderer must tender for the entire enquiry. Where the Tenderer decides to deviate from the conditions and/or specifications of the enquiry document or in any way qualifies the tender, such deviation or qualification shall be clearly stated in a covering letter referred to in the relevant schedule, failing which the tender will be deemed to

5 be submitted unqualified and in compliance with all conditions and specifications of the enquiry documents. 2.5 LATE TENDERS Late tenders, i.e. tenders received by ArcelorMittal after the closing date and time for submission of tenders will not be considered by ArcelorMittal. 2.6 CRITERIA FOR TENDER SELECTION ArcelorMittal does neither bind itself to accepting the lowest or any tender, nor to assign any reason for the rejection or acceptance of a tender. No tender shall be deemed to have been accepted unless such acceptance has been conveyed to the Tenderer by notice in writing from ArcelorMittal. Criteria for selection of tenderers and volumes allocation will include (but not limited to): tariff, capacity, BBBEE rating, tracking system availability, safety reliability. 2.7 VALIDITY OF TENDER Tenders shall remain valid for a period of 120 days from the due date for the receipt of tenders during which period ArcelorMittal shall have the right to accept a tender without any right of withdrawal on the part of the Tenderer, and thereafter until withdrawn in writing by the Tenderer. 2.8 CONTRACT PERIOD Tenderers must base their proposals on a contract period of 5, 10 & 15 years respectively. 2.9 INFORMATION THAT MUST BE SUPPLIED BY TENDERERS Date when rendering of service can commence (or notice period needed before your company can commence) A copy of your company s BBBEE certificate must be submitted with your tender. If you do not submit a copy of your BBBEE certificate, your tender will be regarded as incomplete and invalid Tenderers are requested to supply any other information that is relevant to this Enquiry Should your company not be registered as a Vendor with ArcelorMittal South Africa, then the following documents MUST be supplied with your Tender:

6 (i) (ii) (iii) (iv) (v) (vi) (vii) A Certified copy of your Company Registration Forms (CK1 / CK2) and/or Certificate of Incorporation (CM1/ CM29/CM9 (name change), CM46); A valid, original and/or certified copies of your company s Tax Clearance Certificate; A valid, original and/or certified copies of your company s VAT Registration Certificate; A Registration Certification of the Compensation Commissioner or proof of latest payment to the Compensation Commissioner; A resolution reflecting authority or representation; A Preferential Procurement Certificate of Compliance; A responsible sourcing questionnaire; and (viii) Statement of Financial Position/ Profit & Loss Statement Any further requirements will be elaborated with Successful Tenderers at the contracting stage Any tender submitted to any ArcelorMittal South Africa employee other than the official Vanderbiljpark tender office personnel, will not be considered by ArcelorMittal South Africa. 3 TARIFF RATES 3.1 PROPOSAL REQUIRED Tenderers are to tender as listed below: Please provide detailed cost for the set up and operation of this facility for the required period. Please also include a detail expenditure statement. Highlight all assumption including CPI or PPI indices used in the calculations and any forex based costs used in the calculations. A proposal of how you would structure the package either per ton or a fixed & variable option etc. executive summary. 3.2 PRICE ADJUSTMENT (ESCALATION) In order to achieve a win-win situation between the successful Tenderer and ArcelorMittal the reduction of total cost of the service during the agreement period will be of utmost importance. The parties will re-negotiate tariff rates on an annual basis For the purpose of this tender the following formula will serve as a guideline for future price adjustments: P = (PO - (20%)) X BM BMO Where:

7 P = Denotes the revised price. PO = Denotes the original tender price. 20% = Denotes the fixed portion of the price, which will not be subject to adjustment. (the fixed portion of 20% is the minimum which is acceptable to arcelormittal. tenderers shall indicate whether they are prepared to allow for a fixed portion in excess of 20% BM = Denotes the final Seifsa index for CPI, two months prior to the month of increase. BMO = Denotes the final Seifsa index for CPI for the month of tender. 4 INVOICES Tax invoices submitted to ArcelorMittal for payment for services rendered shall include VAT payable SEPARATELY. ArcelorMittal shall make payment of VAT to the Tenderer simultaneously with the payment for the relevant service. In all instances tax invoices shall be submitted and shall include the Tenderer s VAT registration number. Invoices rendered for payment shall where applicable, be adjusted accordingly. 5 PAYMENT TERMS Payment shall be made on the first day of the third month following the month in which the services were delivered, provided monthly statements of account, shall in all instances reach ArcelorMittal s Shared Services, Accounts Payable situated in Vanderbijlpark, not later than the 7 (seventh) day of the month following the month in which the services were rendered. Tenderers shall give complete detail as to whom, when and how payment has to be effected, namely: Tenderer s full name, address, contact person and fax number; banker s full name, account number, address, contact person and fax number; 60 days days from date of receipt of invoice date, etc.; by telegraphic transfer, etc.

8 6 CONFIDENTIALITY The Tenderer (whether his Tender is accepted or not) shall treat all details in this Enquiry document and his Tender as private and confidential. ArcelorMittal will likewise treat details of the Tenderer s proposals as private and confidential and no information contained in a Tender will be disclosed to third parties. Except as required by law, the parties shall keep confidential, both during the term of the agreement and after its termination, all information relating to the other party procured in terms of the agreement including, e.g. all processes, methods and techniques, manufacturing, software specification, computer systems and other confidential information in any media used by or the property of the other party and shall make use of such information only for the purposes the agreement. 7 DURATION The agreement tendered as mentioned previously, in 2.8 above, the duration will be between a 5, 10 or 15 year period. The duration period will be agreed upon award of the agreement.

9 PART 2 - SCOPE AND SPECIFICATION OF PRODUCTS 8 SCOPE 8.1 Definitions DGLJ - Steel Wagon type TFR - Transnet Freight Rail NIPPS Newcastle Integrated Production Planning System (ERP system in Newcastle) NDC - Newcastle Distribution Centre 8.2 Scope description The intention is for ArcelorMittal S.A. to establish a distribution center for long steel product ex Newcastle works to Customers in the Johannesburg area to provide better overall customer service. The concept is based on rail transport from Newcastle to the distribution center, offloading into a facility, loading onto road vehicles. There could be a possibility to include some Flat products in future (+- 15,000 tons per month) which would mean that some equipment should cater for coils up to 25 tons. The final distribution to the Customers i.e. the provision of road transportation services is excluded from this enquiry. It is important to note that we will not consider any facility that does not have the infrastructure to accommodate rail wagons as well as undercover loading of road vehicles for final distribution. The siding should be able to accommodate 40 rail wagons however the capability of the siding must be sufficient to facilitate a maximum of 12 hour offloading time. This Enquiry specification provides for the provision of: A storage facility with the required rail infrastructure and handling equipment, Distribution Center Management. Offloading of rail wagons (DGLJ), Storage & handling of products, Loading of road vehicles for delivery to the Customer, Handling of Customers returns

10 8.3 Volume Forecast Gauteng Hub Per month Gauteng Hub Per month Gauteng Hub Per month The volume indication above is based on throughput and is not an indication of the storage area required. Please also note that the volumes are an indication for Customers within a 30km radius from the facility (main Customers are situated in Wadeville & Germiston). Volumes are not guaranteed and the longer the view the less accurate the estimation will become. In addition to this we have included a 15 year view however this does not imply that we are specifically looking for a 15 year proposal, we will consider what the prospective participants are prepared to offer. The products of Newcastle Works (long Steel) to which the above volumes relate are contained in 8.13 of this document. The only deviation is that these products will be in lengths up to 13 meters. The take-over point is the area where the products will be inspected and accepted by both ArcelorMittal and the successful Tenderer(s), after which it shall be placed into the storage facility by the successful Tenderer(s). 8.4 Rail Services The rail services to this facility will be supplied by Transnet Freight Rail (TFR) including shunting into the facility siding. The maintenance, upkeep and regulatory licensing from the Rail safety regulator and TFR, of the siding will be the responsibility of the successful Tenderer(s). The siding must always be a safe operating condition. The control, maintenance and management of any rail crossing within the facility where road and rail vehicles cross will be the responsibility of the successful tenderer(s). Any movement of products that might occur between the siding and facility will be the responsibility of the successful Tenderer(s).

11 8.5 Facility Requirements: A Covered Facility (estimated size = 25,000m 2 is estimated for overhead crane operation or 35,000m 2 is estimated for a forklift operation. The maximum stack height for profiles only will be 1.8 meters). Product lengths will be up to a maximum of 13 meters. It is also important to remember that the products should not be in contact with water. Bundle weights are from a Min of 2 tons to a Max of 5 tons. Rail siding on the premises sufficient to accommodate a turnaround time of not more than 12 hours. The siding should be under cover. The facility must have at least 4 road weighbridges (preferably per axle weighing) for the weighing of delivery vehicles. A staging area for trucks waiting to load A change- room and ablution facilities for drivers Labor, including supervision and Management and security for the facility. Handling equipment (including dunnage where applicable), to offload DGLJ rail wagons, any movement between the siding and facility, placing of products into the storage facility and reload onto road vehicles. Fuel as well as maintenance of equipment where necessary (not for final distribution vehicles). Undercover loading of products onto road vehicles for distribution to Customers. The ability to have a traffic flow within the facility where vehicles do not have to pass each other traveling in opposite directions. As few areas as possible where rail & road services meet. Discharging of incoming material must not halt the ability to dispatch products from the warehouse. Pre staging area for outbound loads will be an advantage. 8.6 Offloading of Rail Wagons All equipment required to offload the DGLJ rail wagons must be provided by the successful Tenderer(s) The rail wagons to be released to TFR. Any demurrage or penalty incurred for offloading delays will be for the account of the successful tenderer(s). The products might need to be transported from the siding area to the facility; this movement will be the responsibility of the tenderer(s).this movement will require tarping of material to ensure there is no contact with water. The stacking & Storage of products inside the facility will be the responsibility of the successful Tenderer(s). The empty flat rack must be stored in a separate area or reloaded onto a waiting rail wagon.

12 8.7 Storage and handling The successful tenderer(s) will be responsible for designing, demarcation and storage area layout, including walk ways and traffic flow areas.(amsa Specifications) They will also be responsible to stack material in a way that allows for quick and easy dispatch to customers. The IT system (NIPPS or Other) used for these functions will be provided by AMSA. All computers which will be used in the facility not related to AMSA staff will be provided by the successful tenderer(s). Label printers will be provided by AMSA. IT Networks must be installed by the tenderer(s) in conjunction with the AMSA IT infrastructure team. Barcode scanners compatible with AMSA IT system will be provided by AMSA All equipment used to handle products must be supplied by the successful tenderer(s). As an example only these could include cranes, forklifts. Movement of products within the warehouse for whatever reason is included in the scope of this tender. The facility will operate on a 24/7 basis. 8.8 Loading of Road Vehicles Loading of road vehicles will be performed by the successful tenderer(s), placement of the load will be indicated by the driver of the vehicle to ensure compliance to the Road Traffic Act. Any overloading penalty/fine resulting from incorrect placement will be for the successful Tenderer(s) account. The successful tenderer(s) will assist the driver to tarp and secure the load to the vehicle. Mattresses for fall protection during loading & lashing must be provided by the successful tenderer(s) as part of the required safety equipment. A vehicle load out schedule will be provided by Newcastle Works at least 24 hours before execution is required. A safe area where road vehicles are allowed to park while waiting for access must also be accounted for as part of the requirements. The size of this area is at the discrecion of the successful Tenderer(s). Must be able to cater for at least 40 trucks Road vehicles will be provided by AMSA s contracted road transporters according to the load out schedule provided by Newcastle Works. As part of the loading process the successful tenderer(s) must communicate with the road transporters to co-ordinate the loading process and vehicle requirements. The loading process should be based on the shortest possible time from entry into the facility to exiting (Target is <3hrs total time).

13 All delivery documentation will be provided from the AMSA systems via the successful tenderer(s) to the driver. All POD s will be scanned by the facility operator and filed electronically. 8.9 Customer Returns The successful Tenderer(s) will be responsible for offloading any Customer returned products into the facility. Before offloading pictures must be taken as proof of the condition and filed electronically. The successful tenderer will also be responsible to accumulate the returned material until there is sufficient material to send a full road vehicle to Newcastle or as otherwise instructed by AMSA Other Services to be provided by the successful Tenderer(s) The successful Tenderer(s) will be responsible to provide security service for the premises as well as the appropriate access control. Facility Admin services for packing & Picking slips. Receiving & Dispatch documentation. Labor for all operational activities within the distribution center, including supervision and Management. IT hardware for the Distribution Centre in consultation with AMSA IT Department. Safety equipment, eg. Extinguishers, sprinklers etc. PPE for all Distribution Centre employees,(safety shoes, hard hats, ear protection, overalls, reflective vests etc) Safety procedures within the facility. Occupational Health & Safety compliance to AMSA requirements. Inventory ageing analysis. Insurance for the facility & Products. Good Housekeeping The product becomes the successful Tenderers responsibility once removed from the rail wagon, or road vehicle in the case of returned products, and it shall be the responsibility of the Tenderer(s) until it has been loaded onto a road vehicle for delivery Loading times The successful Tenderer(s) shall render the services at Distribution Centre: Business Unit - Newcastle Distribution Centre (NDC) Operating times 24/7 Off-loading addresses of Customers will be communicated to successful Tenderers as a part of the planning process.

14 8.12 Loading rules Loading rules will be establish and implemented by the successful Tenderer(s) together with AMSA representatives at least 14 days before the commencement of operations DESCRIPTION OF PRODUCTS TO BE STORED & DISTRIBURED Link to Pictures Long Products UNBUNDLED SPECIFICATIONS BUNDLED SPECIFICATIONS Unbundled mass Bundled mas LENGTH m WIDTH mm HEIGHT mm LENGTH m WIDTH mm HEIGHT mm tons tons - Billet Mill Billets, Blooms and Rounds Medium Mill Angles, Channels, Flatbar, Beams, Rails Bar & Rod Mill Steel rods in Coils (Bar Mill) Bar & Rod Mill Steel rods in Small Coils (Rod Mill) Bar & Rod Mill Steel rods in Large Coils (Rod Mill) Bar & Rod Mill Angles, Flatbar, Rebar, Round Lengths Long Length Steel Long Lengths (Medium and Bar Mill)

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18 PART 3 - GENERAL CONDITIONS 9 VEHICLES AND EQUIPMENT TO BE USED The successful Tenderer(s) shall use vehicles and equipment suitable in every respect for the handling of the products. These vehicles and equipment shall at all times be subject to the approval of ArcelorMittal and drivers shall be licensed as required by law for the vehicles and equipment they will operate. 10 SAFETY PROCEDURES The successful Tenderer, shall, in respect of all matters arising in the fulfillment of an agreement being arrived at conform with all safety and operating procedures prescribed by ArcelorMittal 11 RE-ROUTING No re-routing against address specified by ArcelorMittal South Africa, only the address communicated by an ArcelorMittal South Africa Dispatch Planning responsible employee, will be tolerated. The Distribution Centre will be held liable to compensate ArcelorMittal South Africa for the full market cost of any loads which goes missing as a result of before mentioned. 12 PRE-INSPECTION OF EQUIPMENT & VEHICLES Prior to Agreement commencement ArcelorMittal South Africa reserves right to inspect vehicles and equipment allocated for this tender for conformance with safety and technical rules and specifications. 13 RISK AND LIABILITY 13.1 When receiving the products, the successful Tenderer(s) shall ensure that any and all damage and/or discrepancies observed are noted and shall notify ArcelorMittal in writing immediately but not later than within 6 (six) hours of the successful Tenderer becoming aware of any such damages and/or discrepancies. The successful Tenderer undertakes not to handle any damaged products until ArcelorMittal has inspected such damaged products. ArcelorMittal undertakes to carry out such inspection without delay The successful Tenderer shall be liable for loss or damage to ArcelorMittal s products, whilst the products are in the actual custody of the successful Tenderer and under its actual control. Products will be considered to be in the

19 successful Tenderer s custody and under its control from the time of removal of the rail wagon until loaded for dispatch onto a road vehicle Neither party shall be liable to the other for: consequential loss or damage of any nature whatsoever, or any loss or damage due to force majeure, as defined in FORCE MAJEURE The successful Tenderer shall be liable for any loss or damage to products resulting from defects or damage or other factors caused by handling methods or equipment of third parties unless such damages or losses were sustained when the third parties were appointed by or at the direct instruction of ArcelorMittal The successful Tenderer shall not be responsible for any delays or damages whatsoever incurred due to the inability of third parties to perform, unless such third parties were acting as agents or sub-tenderers of the successful Tenderer or were acting under its direct control ArcelorMittal shall not be liable for or in respect of or in consequence of any accident or damage caused to any property belonging to the successful Tenderer or third parties while under the control of the successful Tenderer and the successful Tenderer shall indemnify ArcelorMittal against all such damages and compensation against all claims, demands, proceedings, costs, charges and expenses, whatsoever, in respect thereof or in relation thereto, except where such accident or damage is a result of ArcelorMittal s negligence or failure to comply with reasonable safety standards 13.7 ArcelorMittal reserves the right to subject all equipment, vehicles and personnel of the successful Tenderer to a security check whilst entering or leaving the property of ArcelorMittal which security check may, with due observance of all statutory provisions, include a body search of any employee of the successful Tenderer 13.8 Insurance cover The successful Tenderer shall have comprehensive insurance cover. Detail of the insurance cover must be furnished before commencement of operational activities. 14 PROVISION IN THE EVENT OF DEFAULT

20 14.1 Either party may at any time give notice in writing to make good any failure or default should it appear that: the other party is not executing its obligations in accordance with the true intent and meaning of an agreement being arrived at; the other party is refusing or delaying to carry out its obligations in accordance with the instructions and to its satisfaction; the other party is in breach of any other condition of an agreement being arrived at and/or is responsible for any other failure or default with regard to its obligations 14.2 Should the defaulting party fail to take positive steps which are acceptable to the aggrieved party to remedy the failure or default complained of within 30 (thirty) days from the date of receipt of written notice calling for remedy of such complaint, the aggrieved party shall, without prejudice to any of its rights under common law and particularly its rights under an agreement being arrived at hereof be at liberty to: If after all reasonable avenues have been pursued and good intent shown the issue cannot be resolved within the period referred to in this clause the aggrieved party can terminate an agreement being arrived at without any further notice to the defaulting party. Any extra expense to which the aggrieved party may be put due to such default shall be recoverable from the defaulting party together with direct damages suffered by the aggrieved party due to the default of the other party. 15 TERMINATION Either party will have the right, in addition to any other rights which it may have in law, to terminate an agreement being arrived at forthwith and without further notice in any of the following events - if the other party makes any arrangements in contemplation of insolvency or is declared insolvent or liquidated; if the other party ceases to carry on business; if the other party ceases to be in a position to fulfill any of its obligations in terms of an agreement being arrived at; if there is any change in the control or a material change in the shareholding or control or the other party which the concerned party on reasonable grounds might consider to be detrimental to the concerned party. (For the purpose of this clause control includes, without limitation) the power or ability of any shareholder of the other party, whether exercising such power by voting rights or pursuant to any agreement or arrangement) materially to influence any decision or act taken or to be taken by or on behalf of the other party).

21 16 PERMITS The successful Tenderer shall be solely responsible for obtaining the necessary permits from the Authorities concerned as well as for the licensing of the vehicles; trailer, sidings etc. concerned, and shall provide proof thereof to ArcelorMittal s satisfaction when called upon to do so 17 LAWS AND REGULATIONS TO BE COMPLIED WITH The successful Tenderer(s) shall in respect of all matters arising from the fulfillment of an agreement being arrived at conform at its own expense to all Laws and with all Regulations and By-laws and requirements of local or other authorities which are applicable to the work to be performed and shall, in the execution of an agreement being arrived at provide for the safety and due convenience of the public The law which is to apply to an agreement being arrived at and according to which an agreement being arrived at is to be construed shall be the law of the Republic of South Africa unless otherwise stated. The successful Tenderer(s) shall in respect of all matters arising in the fulfillment of an agreement being arrived at abide at its own cost with all laws and regulations and by-laws and requirements of local or other authorities which are applicable to an agreement being arrived at. In this regard special reference is inter alia made to the following Act which does not constitute an exhaustive list: Road Traffic Act, Act 29 of 1989 National Road Traffic Amendment Act 1999 (Act No. 21 of 1999) Railway Safety Regulator Act (Act No 16 of 2002) Under no circumstances shall the successful Tenderer(s) allow any of its vehicles on a public road, whilst exceeding the prescribed axle mass load as well as the gross vehicle mass, as provided for in the provisions of the Road Traffic Act, Act 29 of 1989 or any amendments thereto, or any act passed in substitution thereof, and consolidated road traffic regulations promulgated in terms of the said Act. Furthermore, in terms of section 216 read in conjunction with section 213 of the National Road Traffic Act, no vehicle belonging to the successful Tenderer(s) shall be permitted on ArcelorMittal premises if it is not fitted with the necessary seat belts and worn accordingly. Occupational Health and Safety Act No 85 of 1993 (a) The successful Tenderer hereby undertakes that it shall at all times during the continuance of an agreement being arrived at comply with all safety instructions, prescriptions and safety standards prescribed and directed by l ArcelorMittal to enable ArcelorMittal to meet its obligations in terms of the Occupational Health and Safety Act, Act No 85 of 1993.

22 (b) ArcelorMittal shall have the right to ensure that the successful Tenderer shall punctually observe and comply with these directions, instructions, prescriptions or safety standards. (c) The successful Tenderer further undertakes to ensure that its agreements with any subtenderer shall mutatis mutandis contain the same stipulations as provided for above and shall submit written proof to ArcelorMittal that it has complied with the stipulations set out in sub clauses (a) and (b) above. (d) The use of motor vehicles on site shall be subject to compliance with the Road Traffic Ordinance and Regulations promulgated thereunder. Minerals Act, Act No 50 of South African Water Act, Act No 54 of 1956 South African Atmospheric Pollution Prevention Act, Act No 45 of or any other act or any amendments passed in substitution thereof. In the event of the successful Tenderer failing to comply with the abovementioned, such failure shall amount to a breach of the terms and conditions of an agreement being arrived at and shall entitle ArcelorMittal to act in accordance with clause 4 of this enquiry. 18 FORCE MAJEURE 18.1 Notwithstanding anything to the contrary herein contained, neither party shall be liable in respect of failure to fulfill its obligations under an agreement being arrived at when the reason for such failure is caused by or arising from force majeure 18.2 Force majeure means any circumstances or conditions beyond the control of a party or any circumstances or conditions which it is not reasonably practicable for a party to control or alleviate and shall include, but shall not be limited to - an act of God, storm, tempest or flood; fire, spontaneous combustion, explosion, smoke, ionising, radiation, radioactive contamination; national or regional strikes, lookouts, go-slows, stay-way s, and other industrial action by any person in the furtherance of a trade dispute; war, revolution, riot, civil commotion or political disturbance; major Production breakdowns of Production facilities of ArcelorMittal, if due to unforeseen circumstances;

23 production stoppages or losses resulting from the failure of ArcelorMittal s suppliers of materials or services due to factors beyond the reasonable control of the relevant party; restrictions imposed directly or indirectly by Government or any person, corporation or body acting under statutory power; and abnormal economic recessions The party claiming a suspension of its obligations shall immediately notify the other in writing of the circumstances relating thereto, and shall estimate in good faith the period during which the said circumstances are likely to prevail and shall thereafter do everything reasonably necessary to reduce or terminate the period of suspension and to restore performance of its obligations. 19 SUCCESSFUL TENDERERS EMPLOYEES 19.1 The successful Tenderer shall at all times employ only fully competent and reliable workmen. ArcelorMittal shall be at liberty to object to any workman or person employed by the successful Tenderer in the execution of the work to be performed, who in the opinion of ArcelorMittal misconducts himself, or is incompetent or negligent or otherwise unsatisfactory, and the successful Tenderer shall immediately replace the person so objected to, upon receipt from ArcelorMittal of notice in writing requiring him to do so The successful Tenderer shall insure under the Compensation for Occupational Injuries and Diseases Act no 130 of 1993, or any amendments thereto, or any Act passed in substitution thereof, against all claims by workmen employed by it and also under the Common Law, with an Insurance Company to be approved by ArcelorMittal, for an amount or amounts sufficient to satisfy any and all claims for compensation which any of its workmen or their dependants may make under the said Act or Common Law and shall continue such insurance uninterruptedly for the duration of an agreement being arrived at provided always that in the event of the successful Tenderer employing any subtenderer, the successful Tenderer s obligations to insure as aforesaid under this sub clause shall be deemed to have been satisfied if the subtenderer shall have insured as provided for in this sub clause in such a manner that ArcelorMittal shall be indemnified In addition, the successful Tenderer shall at its own expense insure and keep insured all persons employed by it, who do not fall within the ambit of the provisions of the Compensation for Occupational Injuries and Diseases Act, against all risks arising out of their employment The successful Tenderer shall from time to time, when so required by ArcelorMittal, submit to ArcelorMittal all policies required in terms of an

24 agreement being arrived at, as well as proof that all premiums have been paid ArcelorMittal shall not be liable for or in respect of or in consequence of any accident or injury to any employee of the successful Tenderer or any subtenderer and the successful Tenderer shall indemnify ArcelorMittal against all damages and compensation against all claims, demands, proceedings) costs, charges and expenses, whatsoever, in respect thereof or in relation thereto. 20 SUCCESSFUL TENDERER(S) TO EDUCATE AND SATISFY HIM/HERSELF FULLY OF ALL CONDITIONS AFFECTING THE AGREEMENT PRICES The successful Tenderer(s) shall be deemed to have satisfied themselves(ves) with all the conditions and circumstances affecting the agreement prices, as to the possibility of effectively fulfilling its obligations under an agreement being arrived at and to have fixed its tender prices according to its own view of these as no additional allowance, except as otherwise herein expressly provided, will afterwards be made beyond the agreement prices. 21 ASSIGNMENT OF AGREEMENT The successful Tenderer(s) shall not assign or make over an agreement being arrived at or any part thereof or any share or interest therein, to any other person without the written consent of ArcelorMittal which may be refused without any reason being assigned therefore. This condition also applies to the use of sub-tenderers by the successful Tenderer(s). 22 INSOLVENCY Should the successful Tenderer become insolvent or should it propose any assignment to its creditors for settlement of its debts, or should it make or offer to make any assignment with any of its creditors for releasing it wholly or partly from its debts or should execution be issued against it by virtue of any judgment, or should the successful Tenderer commit any act of insolvency or should it be placed under judicial management, or commence to be wound up, not being merely a voluntary liquidation for the purpose of reconstruction, then ArcelorMittal shall have the right to terminate an agreement being arrived at forthwith and to proceed in the manner provided for in clause 4 of the General Conditions of this enquiry. 23 ARBITRATION. DISPUTES AND CLAIMS

25 23.1 Should any difference or question at any time arise between ArcelorMittal and the successful Tenderer as to the construction, meaning or effect of an agreement being arrived at, or as to the rights, obligations or liabilities of ArcelorMittal or the successful Tenderer there under, or should ArcelorMittal and the successful Tenderer fail to agree upon any matter or thing which is provided in an agreement being arrived at, such difference being arrived at shall be determined by the following procedures: the party claiming such dispute or difference shall advise the other in writing thereof. Within 14 (fourteen) days of receipt of such notice, the parties shall meet and negotiate in good faith in order to resolve such dispute or difference; if the parties are unable to resolve such dispute or difference the matter will be referred to the Chief Executive Officer of the successful Tenderer and the Executive Director - Steel Division of ArcelorMittal. The parties record that it is the intention that the said Chief Executive Officer and Executive Director will use their best endeavors to settle or resolve the issue in question as expeditiously as possible, but in any event within a period of 30 (thirty) days of the matter being referred to them; should the said Chief Executive Officer and Executive Director fail to resolve such dispute or difference within the aforesaid period or such longer period as the parties may agree, such dispute or difference shall be determined by arbitration under the provisions of the Arbitration Act, Act No 42 of 1965, or statutory modification or law passed in substitution thereof, provided that commercial disputes shall not be referred to arbitration unless otherwise agreed between the parties Notwithstanding any such differences or question or matter or thing or reference to arbitration, both parties shall continue to carry out their obligations under an agreement being arrived at pending the resolution of such difference or dispute If the successful Tenderer wishes to make any claim for additional payment not provided for in an agreement being arrived at, the successful Tenderer must within 90 (ninety) days after occurrence of the incident giving rise to such claim submit documentary evidence and amounts in support of such claim for ArcelorMittal s approval. Failure to do so will be deemed a waiver of the successful Tenderer s claim. 24 HARDSHIP If, during the duration of an agreement being arrived at, it should appear that due to changed circumstances, the execution or implementation of any

26 provision hereof would impose an unreasonable hardship upon any of the parties hereto, the parties shall, after consideration of the reason and circumstances presented by notice in writing by the party in question, consult as to how the difficulties may be resolved in a fair manner. The question whether such unreasonable hardship exists and/or the consequences and the extent thereof, and how it shall be resolved, shall, if necessary, be arbitrated in accordance with the arbitration clause contained in this enquiry.

27 PART 4 - MANAGEMENT AND PRODUCTIVITY IMPROVEMENT 25 VISION 25.1 ArcelorMittal Materials Management has embraced a new vision to become a world class materials management group. In order to accomplish this vision, ArcelorMittal has begun to evaluate its commodities on a total cost of ownership basis. The total cost of ownership approach (TCO) focuses not only on the purchase prices but also on the associated costs incurred when purchasing and maintaining a commodity (eg inventory, transportation, usage). The new TCO focus will require a closer working relationship with suppliers to reduce all TCO elements. ArcelorMittal envisages a long term relationship with the successful tender(s) for the Distribution Centre. The reduction of all TCO elements will ensure a win - win situation for all concerned parties. 26 MANAGEMENT

28 26.1 The successful Tenderer shall also as part of their contractual duties in cooperation with the responsible ArcelorMittal Manager is responsible to independently manage all the aspects relating to an agreement being arrived at This condition in general, amounts to the establishment of an appropriate management system, which shall be used for measuring the performance standards of the successful Tenderer relating to an agreement being arrived at. Achievement of the standards shall imply that both parties shall share from the benefits arising from the implementation of the said management standards, in accordance to the terms hereinafter mentioned Without derogating from either party s contractual rights in the event of any breach of the terms of an agreement being arrived at, the successful Tenderer(s) shall be responsible in its managerial capacity to implement the following performance standards: Interpret and correctly identify ArcelorMittal s needs and requirements, and to integrate the successful Tenderer (s) service ability with the needs of ArcelorMittal; Implement appropriate measures relating to aspects such as operating, maintenance, loading and transport of the products in accordance with a productivity improvement plan as described hereunder; Address all customer complaints relating to transport problems; Exercise control over the total quality of service by ArcelorMittal to its customers, where the successful Tenderer(s) shall be deemed to represent ArcelorMittal, without accepting the role of a legal agent or; Ensure that synergy exists between its employees and those of ArcelorMittal and that all statutory provisions as well as development programs such as the Reconstruction and Development Program are adhered to and implemented. 27 PRODUCTIVITY IMPROVEMENT PLAN Main Key Performance Indicators (KPI), which will be tracked for performance: These specific KPI s will be agreed between the parties and be related to a service level agreement which will be established in the contracting process.

29 PART 5 - ANNEXURES ANNEXURE A WRITTEN CONTRACT ON OCCUPATIONAL HEALTH AND SAFETY CONTRACT: XXX in accordance with the provision of Section 37(2) of the Occupational Health and Safety Act, Act No 85 of 1993 AS ENTERED INTO BY AND BETWEEN ArcelorMittal SOUTH AFRICA LIMITED (hereinafter referred to as the ArcelorMittal South Africa ) and COMPANY (hereinafter referred to as the Contractor )

30 1. Reporting The Contractor and/or its designated person appointed in terms of Section 16(2) of the Occupational Health and Safety Act, Act No 85 of 1993 (the OHS Act ) shall report to ArcelorMittal South Africa prior to commencing with the Works at the Plant. 2. Warranty of compliance 2.1. The Contractor warrants that it agrees to the arrangements and procedures as prescribed by ArcelorMittal South Africa and as provided for in terms of Section 37(2) of the OHS Act for the purposes of compliance with the OHS Act The Contractor acknowledges that this written Contract on occupational health and safety constitutes an agreement in terms of Section 37(2) of the OHS Act, whereby all responsibility for health and safety matters relating to the work that the Contractor is to perform on the Plant shall be the obligation of the Contractor The Contractor further undertakes to maintain such compliance with the OHS Act. Without derogating from the generality of the above, nor from the provisions of the Contract, the Contractor shall ensure that the clauses as hereunder described and the OHS Act are at all times adhered to The Contractor hereby undertakes to ensure that the health and safety of any other person on the Plant is not endangered by its conduct and/or activities while on the Plant. 3. Mandatory and employer The Contractor shall be deemed to be an employer in its own right while on the Plant in terms of Section 16(1) of the OHS Act, the Contractor shall accordingly

31 ensure that the requirements of the OHS Act are complied with by itself and/or its nominated Chief Executive Officer. 4. Appointments and training 4.1. The Contractor shall appoint competent persons as per Section 16(2) of the OHS Act. Any such appointed person shall be a competent person sufficiently experienced in the work to be performed and shall be trained on any occupational health and safety matter and the OHS Act provisions pertinent to the work that is to be performed under his responsibility. Copies of any appointments made by the Contractor shall immediately be provided to ArcelorMittal South Africa and shall clearly set out the qualifications and previous experience of such persons to be appointed In as much as the appointment of such persons does not relieve ArcelorMittal South Africa of its responsibility in terms of the OHS Act, the Contractor will, in addition to its own responsibility under such legislation, be required to carry out any instruction of ArcelorMittal South Africa The appointed persons shall not at the same time be in charge of any other work, unless the Site on which such other work is to be performed is in close proximity to the Site of the Works provided that the necessary permission has been obtained in terms of the applicable legislation The appointed persons shall also be responsible for the work, if any, to be carried out by any sub-contractors As soon as the Contractor becomes aware that its appointed person is likely to be absent from the Plant for a period of more than 4 (four) days, the Contractor shall immediately notify ArcelorMittal South Africa and nominate a suitable person to act during such absence. If the period of absence exceeds or is expected to exceed 30 (thirty) days, the Contractor shall immediately take steps to nominate a person for appointment in the place of the principal appointee for the period of such absence.

32 4.6. The Contractor shall further ensure that all its employees are trained on the health and safety aspects relating to the work and that they understand the hazards associated with such work being carried out on the Plant. Without derogating from the foregoing, the Contractor shall, in particular, ensure that all its users or operators of any goods or the Contractor s equipment are properly trained in the use of such goods and the Contractor s equipment Notwithstanding the provisions of the above, the Contractor shall ensure that it, its appointed responsible persons and its employees are at all times familiar with the provisions of the OHS Act, and that they comply with the provisions of the OHS Act. 5. Provisions, discipline and reporting 5.1. The Contractor shall ensure that all work performed on the Plant are done under strict supervision and that no unsafe or unhealthy work practices are permitted. Discipline regarding health and safety matters shall be strictly enforced by the Contractor against any of its employees regarding non-compliance by such employee with any health and safety matters The Contractor shall further ensure that its employees report to it all unsafe or unhealthy work situations immediately after they become aware of the same and that it in turn immediately reports these to ArcelorMittal South Africa. 6. Access to the OHS Act The Contractor shall ensure that it has an updated copy of the OHS Act on Site at all times and that this is accessible to its appointed, responsible persons and employees, save that the Parties may make arrangements for the Contractor and its appointed, responsible persons and employees to have access to ArcelorMittal South Africa copy/copies of the Act.

33 7. Co-Operation 7.1. The Contractor and/or its responsible persons and employees shall provide full co-operation and information if and when ArcelorMittal South Africa inquiries into occupational health and safety issues concerning the Contractor. It is hereby recorded that ArcelorMittal South Africa shall at all times be entitled to make such inquiry Without derogating from the generality of the above, the Contractor and its responsible persons shall make available to ArcelorMittal South Africa, on request, all and any checklists and inspection registers required to be kept by it in respect of any of the goods or the Contractor s equipment. 8. Work procedures 8.1. The Contractor shall be entitled to utilise the procedures, guidelines and other documentation as used by ArcelorMittal South Africa for the purposes of ensuring a healthy and safe working environment. The Contractor shall then ensure that its responsible persons and employees are familiar with and utilise the documents The Contractor shall implement safe work practices as prescribed by ArcelorMittal South Africa and shall ensure that its responsible persons and employees are made conversant with and adhere to such safe work practices The Contractor shall ensure that work for which, a permit is required by ArcelorMittal South Africa is not performed by its employees prior to the obtaining of such permit. 9. Health and safety meetings

34 If required in terms of the OHS Act, the Contractor shall establish its own health and safety committee(s) and ensure that its employees, being the committee members, hold health and safety meetings as often as may be required and at least every 3 (three) months. ArcelorMittal South Africa may elect to permit the Contractor s health and safety representatives to attend ArcelorMittal South Africa health and safety committee meetings. 10. Compensation registration The Contractor shall ensure that it has a valid registration with the Compensation Commissioner, as required in terms of the Compensation for Occupational Injuries and Diseases Act, Act No 130 of 1993, and that all payments owing to the Compensation Commissioner is discharged. The Contractor shall further ensure that the cover shall remain in force while any such employee is present on the Plant. 11. Medical examinations The Contractor shall ensure that all its employees undergo routine medical examinations and that they are medically fit for the work they are to perform. 12. Incident reporting and investigation All incidents referred to in Section 24 of the OHS Act shall be reported by the Contractor to the Department of Labour and to ArcelorMittal South Africa. ArcelorMittal South Africa shall further be provided with copies of any written documentation relating to any incident ArcelorMittal South Africa retains an interest in the reporting of any accident as described above as well as in any formal investigation and/or inquiry conducted in terms of Section 32 of the OHS Act into such incident.

35 13. Sub-contractors Without derogating from the generality of this clause 13: The Contractor shall ensure that training as discussed under clause 4 (Appointments and Training) above, is provided prior to the subcontractor commencing work on the Plant The Contractor shall ensure that work performed by the sub-contractor is done under strict supervision and discipline, under clause 5 (Supervision, Discipline and Reporting) above The Contractor shall inform ArcelorMittal South Africa of any health and safety hazard and/or issue that the sub-contractor may have brought to its attention The Contractor shall inform ArcelorMittal South Africa of any difficulty encountered regarding compliance by the sub-contractor with any health and safety instruction, procedure and/or legal provision applicable to the work the sub-contractor performs on the Plant. 14. Security and access The Contractor and its employees shall enter and leave the Plant only through the main gate(s) and/or checkpoint(s) designated by ArcelorMittal South Africa. The Contractor shall ensure that employees observe the security rules of ArcelorMittal South Africa at all times and shall not permit any person who is not directly associated with the work from entering the Plant The Contractor and its employees shall not enter any area of the Plant that is not directly associated with the Works The Contractor shall ensure that all the Contractor s equipment brought by itself onto the Plant is recorded at the main gate(s) and/or checkpoint(s). A failure to do this may result in a refusal by ArcelorMittal

36 South Africa to allow the Contractor s equipment to be removed from the Plant. 15. Fire precautions and facilities The Contractor shall ensure that an adequate supply of fire-protection and first-aid facilities are provided for the work to be performed on the Plant, save that the Parties may mutually make arrangements for the provision of such facilities The Contractor shall further ensure that all its employees are familiar with fire precautions at the Plant, which include fire-alarm signals and emergency exits, and that such precautions are adhered to. 16. Hygiene and cleanliness The Contractor shall ensure that the Site where the Works are being carried out and surrounding areas are at all times maintained to a reasonably practicable level of hygiene and cleanliness. In this regard, no loose materials shall be left lying about unnecessarily and the Site shall be cleared of waste material regularly and on completion of the Works. 17. No nuisance The Contractor shall ensure that neither it nor its employees undertake any activity that may cause environmental impairment or constitute any form of nuisance to ArcelorMittal South Africa and/or its surroundings The Contractor shall ensure that no hindrance, hazard, annoyance or inconvenience is inflicted on ArcelorMittal South Africa, another Contractor or any tenants. Where such situations are unavoidable, the Contractor shall give prior written notice to ArcelorMittal South Africa.

37 18. Intoxication not allowed No intoxicating substance of any form shall be allowed on the Plant. Any person suspected of being intoxicated shall not be allowed on the Plant. Any person required to take medication shall notify the relevant responsible person thereof, as well as the potential side effects of the medication. 19. Personal protective equipment The Contractor shall ensure that its responsible persons and employees are provided with adequate personal protective equipment (PPE) for the work they may perform and in accordance with the requirements of General Safety Regulation 2(2) of the OHS Act. The Contractor shall further ensure that its responsible persons and employees wear the PPE issued to them at all material times. 20. Goods, machinery and equipment The Contractor shall ensure that all goods and the Contractor s equipment is/are at all times of sound order and fit for the purpose for which it/they is/are intended, and that it/they complies/comply with the requirements of Section 10 of the OHS Act In accordance with the provisions of Section 10(4) of the OHS Act, the Contractor hereby assumes the liability for taking the necessary steps to ensure that any article or substance that it erects or installs at the Plant, or manufactures, sells or supplies to or for ArcelorMittal South Africa, complies with all the prescribed requirements and will be safe and without risks to health and safety when properly used. 21. No usage of employer s equipment The Contractor hereby acknowledges that its employees shall not be permitted to use any materials, machinery or equipment of ArcelorMittal South Africa

38 unless approval has been obtained, in which case the Contractor shall ensure that only those persons authorised to make use of same, have access thereto. 22. Transport The Contractor shall ensure that all road vehicles used on the Plant are in a roadworthy condition and are licensed and insured. All drivers shall have relevant and valid driving licenses and no vehicle shall carry passengers unless it is specifically designed to do so. All drivers shall adhere to the speed limits and road signs on the Plant at all times In the event that any hazardous substances are to be transported on the Plant, the Contractor shall ensure that the requirements of the Hazardous Chemical Substances Act, Act No 15 of 1973 are complied with at all times. 23. Clarification In the event that the Contractor requires clarification of any of the terms or provisions of this Occupational Health and Safety Contract, it should contact ArcelorMittal South Africa. 24. Duration of Contract This Contract shall remain in force for the duration of the work to be performed by the Contractor and/or while any of the Contractor s workmen are present on the Plant. 25. Headings The headings as contained in this Occupational Health and Safety Contract are for reference purposes only and shall not be construed as having any

39 interpretative value in them or as giving any indication as to the meaning of the contents of the paragraphs contained in this Contract.

40 Compiled by: (Full name and surname in capital letters) Signature ~ Signed on behalf of ArcelorMittal South Africa at on this day of 20. (Full name and surname in capital letters) Signature For and on behalf of: ArcelorMittal South Africa Witnesses 1. (Full name and surname in capital letters) 2. (Full name and surname in capital letters) Signature Signature

41 Signed on behalf of the Contractor at on this day of 20. (Full name and surname in capital letters) Signature For and on behalf of: The Contractor Witnesses 1. (Full name and surname in capital letters) 2. (Full name and surname in capital letters) Signature Signature

42 ENQUIRY NO LE 0622 ANNEXURE D - TO: DECLARATION OF CONFLICT OF INTEREST ARCELORMITTAL SOUTH AFRICA FROM: DATE: 20. SUBJECT: DECLARATION OF CONFLICT OF INTEREST The Contractor agrees and undertakes to declare to ArcelorMittal South Africa any personal or business relationship with any employee or supplier of ArcelorMittal South Africa (whether arising as a result of a financial interest or investment or other business engagements with such employee or supplier) that might represent a Conflict of Interest. Accordingly, I, the undersigned, (name of authorized representative of Contractor), acting in my capacity as of the above named Contractor declare that neither I, nor the Contractor or any of its officers, directors, employees and authorized representative have any relationship with any employee or supplier of ArcelorMittal South Africa that raises a real or potential Conflict of Interest. Further, we undertake to disclose to ArcelorMittal South Africa any relationships that might exist for the duration of the Contract that raises a Conflict of Interest. or I, the undersigned, (name of authorized representative of Contractor), acting in my capacity as of the above named Contractor wish to declare and disclose the following relationships involving the Contractor and/or any of its officers, directors, employees and authorized representative that raise a real or potential Conflict of Interest. For and on behalf of CONTRACTOR (Authorised Signatory) 42

43 ENQUIRY NO LE 0622 Date: General Rules: Never take short cuts by crawling under or climb over wagons, sit under rail wagons or sit on rail tracks or bumper blocks. DO NOT CROSS OR SIT! Stay clear of locomotive and wagon movements. Do not turn your back on moving equipment and stay out of close clearances and pinch points. Stay clear of locomotive and wagon movements. Do not turn your back on moving equipment and stay out of close clearances and pinch points. When crossing or working around railroad tracks, employees must STOP-LOOK-LISTEN for oncoming trains. LOOK IN BOTH DIRECTIONS. 43

44 ENQUIRY NO LE 0622 When parking a vehicle next to a railway line, make sure you keep a safe distance of three meters from the side of the railway lines. 1. Cardinal Rules: 44