EX-4.36



 Exhibit 4.36 

EXECUTION VERSION 
 ADDENDUM TO THE
CASHFLOW WATERFALL AGREEMENT 
 between 
 HARMONY GOLD
MINING COMPANY LIMITED 
 (Registration No. 1950/038232/06) 

(in its capacity as Lender and Sponsor) 
 and 

BUSINESS VENTURE INVESTMENTS NO. 1692 PROPRIETARY LIMITED 

(Registration No. 2012/041001/07) 
 and 

HISTOPATH PROPRIETARY LIMITED 
 (Registration
No. 2012/082229/07) 
 and 
 BUSINESS VENTURE
INVESTMENTS NO. 1677 PROPRIETARY LIMITED 
 (Registration No. 2012/035756/07) 

and 
 BUSINESS VENTURE INVESTMENTS NO. 1687 PROPRIETARY
LIMITED 
 (Registration No. 2012/030646/07) 
 and

 BUSINESS VENTURE INVESTMENTS NO. 1688 PROPRIETARY LIMITED 

(Registration No. 2012/030648/07) 







 WHEREBY THE PARTIES AGREE AS FOLLOWS 

 

	1.	INTERPRETATION 

  

	 	1.1.	In this Addendum – 

  

	 	1.1.1.	headings are for convenience only and are not to be used in its interpretation; 

  

	 	1.1.2.	an expression which denotes – 

  

	 	1.1.2.1.	any gender includes the other genders; 

  

	 	1.1.2.2.	a natural person includes a juristic person and vice versa; 

  

	 	1.1.2.3.	the singular includes the plural and vice versa. 

  

	 	1.2.	Save as defined herein capitalised terms and expressions not otherwise defined shall bear the meanings ascribed to them in the Cashflow Waterfall Agreement (as defined below) and the following words and expressions bear
the meanings assigned to them and cognate expressions bear corresponding meanings – 

  

	 	1.2.1.	“Addendum” means this addendum to the Cashflow Waterfall Agreement as it may be amended, replaced or novated from time to time; 


 

	 	1.2.2.	“Cashflow Waterfall Agreement” means the Cashflow Waterfall Agreement dated on or about 20 March 2013 between the Parties, setting out the priority of payment obligations of Business Venture
Investments No. 1692 Proprietary Limited (Registration No 2012/041001/07), all on the terms and conditions contained therein; 

  

	 	1.2.3.	“Parties” means the parties to this Addendum and includes a reference to their respective lawful successors and permitted assigns and any liquidator, curator, business rescue practitioner (or similar
representative) of each of them. 

  

	2.	CONFLICT WITH THE CASHFLOW WATERFALL AGREEMENT 

 If there is any conflict between the
provisions of this Addendum and the provisions of the Cashflow Waterfall Agreement at any time, the provisions of this Addendum shall prevail. 
  

	3.	AMENDMENTS 

 The Cashflow Waterfall Agreement is hereby amended, with effect from the
date of last signature of this Addendum by the Parties, by: 
  

	 	3.1.	the deletion of the number and words “R18 239 760,00 (eighteen million two hundred and thirty nine thousand seven hundred and sixty Rand) where they appear in clauses 2.2.5.2, 2.2.5.3 and 2.2.5.4
of the Cashflow Waterfall Agreement and the replacement thereof with the number and words R17 807 719,00 (seventeen million eight hundred and seven thousand seven hundred and nineteen Rand)”; and 


 

	 	3.2.	the deletion of the number and words “R97 278 720.00 (ninety seven million two hundred and seventy eight thousand seven hundred and twenty Rand) where they appear in clause 2.2.7 of the Cashflow Waterfall
Agreement and the replacement thereof with the number and words R94 974 501,00 (ninety four million nine hundred and seventy four thousand five hundred and one Rand)”. 


  
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	4.	TRANSACTION DOCUMENT 

 This Addendum comprises a Finance Document for all purposes under
the Cashflow Waterfall Agreement. 
  

	5.	RETENTION 

 Save as expressly contemplated in this Addendum the Cashflow Waterfall
Agreement shall remain unamended and, subject to its terms, of full force and effect. 
  

	6.	EXECUTION IN COUNTERPARTS 

 This Addendum may be executed in one or more counterparts all
of which, when read together, shall comprise one and the same instrument. A facsimile copy of this Addendum shall comprise a valid counterpart for the purpose of this provision. 

 

	7.	WHOLE AGREEMENT 

 This Addendum comprises a written amendment to the Cashflow Waterfall
Agreement within the contemplation of clause 11.2 thereof. This Addendum constitutes the whole agreement between the Parties relating to the subject matter hereof. 

  
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	Signed for and on behalf of:

 Harmony Gold Mining Company Limited 

 

	
	 /s/

	
	Name: Frank Abbott
	
	Title: Director
	
	Date: 24 may 2013
	
	Signed for and on behalf of:

 Business Venture Investments No. 1692
Proprietary Limited 
  

	
	 /s/

	
	Name: Frank Abbott
	
	Title: Director
	
	Date: 24 May 2013
	
	Signed for and on behalf of:

 Histopath Proprietary Limited 

 

	
	 /s/

	
	Name: Sipho Tsotsi
	
	Title: Director
	
	Date: 24 may 2013









	
	Signed for and on behalf of:

 Business Venture Investments No. 1677
Proprietary Limited 

	
	
	 /s/

	
	Name: M. Matjila
	
	Title: Director
	
	Date: 23 May 2013
	
	Signed for and on behalf of:

 Business Venture Investments No. 1687
Proprietary Limited 

	
	
	 /s/

	
	Name: L. Nengovhela
	
	Title: Chief Executive Officer
	
	Date: 27 May 2013
	
	Signed for and on behalf of:

 Business Venture Investments No. 1688
Proprietary Limited 

	
	
	 /s/

	
	Name: M.M. Mokuena
	
	Title: Chair (Trustee)
	
	Date: 28 May 2013