Common use of Appointment of Private Party Auditors Clause in Contracts

Appointment of Private Party Auditors. 23.2.1 The Private Party will be obliged to appoint one of Deloitte, KPMG, PricewaterhouseCoopers (PWC) or EY as the Private Parties’ auditors for the Project. Failure to do so may result in termination of this PPP Agreement. 23.2.2 In furtherance of its reporting obligations as a company in terms of all applicable Laws, the Private Party shall at all times comply with the record keeping and reporting requirements of the Companies Act if failure to do so would be a breach of the Companies Act and shall ensure that by the Signature Date it has, at its own expense, procured the services of a reputable firm of auditors and that, by the Operation Commencement Date, the Private Party shall implement a suitable accounting and cost control system consistent with GAAP or IFRS (depending on the principles / standards used by the Private Party) so as to properly prepare and record all financial information relating to the Private Party’s activities in respect of the Project. Copies of such accounts and reports shall be provided to SANParks on written request, and SANParks shall have the right to have access to and the right to remove such accounts and reports if acting within its rights and if so required in terms of applicable Laws. 23.2.3 The Private Party shall similarly cause the Subcontractors to make all information, books of accounts, records and other data relating to the Project available to SANParks on reasonable notice if so required in terms of applicable Laws and if reasonably required for this PPP Agreement. 23.2.4 SANParks may, on reasonable suspicion of fraud or fraudulent misrepresentation by the Private Party which has a direct impact on SANParks and without any prior notice to the Private Party, meet and consult with the Private Party’s auditors regarding the Private Party’s accounts and operations from time to time at the cost of SANParks, subject to Clause 23.2.6 below. 23.2.5 SANParks may also, on reasonable suspicion of fraud or fraudulent misrepresentation by the Private Party and without any prior notice to the Private Party, conduct or require that a firm of independent auditors conduct additional audits of the Private Party, at the cost of SANParks. 23.2.6 Notwithstanding the provisions of Clauses 23.2.4 and 23.2.5 above, if the investigations conducted conclude that the Private Party has committed a fraud or fraudulent misrepresentation, as contemplated in Clauses 23.2.4 and 23.2.5 above, then the Private Party shall be liable for the reasonable costs of meeting(s) and/or audit(s).

Appears in 3 contracts

Samples: Public Private Partnership Agreement, Public Private Partnership Agreement, Public Private Partnership Agreement

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Appointment of Private Party Auditors. 23.2.1 The Private Party will be obliged to appoint one of Deloitte, KPMG, PricewaterhouseCoopers (PWC) or EY as the Private Parties’ auditors for the Project. Failure to do so may result in termination of this PPP Agreement. 23.2.2 In furtherance of its reporting obligations as a company in terms of all applicable Laws, the Private Party shall at all times comply with the record keeping and reporting requirements of the Companies Act if failure to do so would be a breach of the Companies Act and shall ensure that by the Signature Date it has, at its own expense, procured the services of a reputable firm of auditors and that, by the Operation Commencement Date, the Private Party shall implement a suitable accounting and cost control system consistent with GAAP or IFRS (depending on the principles / standards used by the Private Party) so as to properly prepare and record all financial information relating to the Private Party’s activities in respect of the Project. Copies of such accounts and reports shall be provided to SANParks on written request, and SANParks shall have the right to have access to and the right to remove such accounts and reports if acting within its rights and if so required in terms of applicable Laws. 23.2.3 23.2.2 The Private Party shall similarly cause the Subcontractors to make all information, books of accounts, records and other data relating to the Project available to SANParks on reasonable notice if so required in terms of applicable Laws and if reasonably required for this PPP Agreement. 23.2.4 23.2.3 SANParks may, on reasonable suspicion of fraud or fraudulent misrepresentation by the Private Party which has a direct impact on SANParks and without any prior notice to the Private Party, meet and consult with the Private Party’s auditors regarding the Private Party’s accounts and operations from time to time at the cost of SANParks, subject to Clause 23.2.6 23.2.5 below. 23.2.5 23.2.4 SANParks may also, on reasonable suspicion of fraud or fraudulent misrepresentation by the Private Party and without any prior notice to the Private Party, conduct or require that a firm of independent auditors conduct additional audits of the Private Party, at the cost of SANParks. 23.2.6 23.2.5 Notwithstanding the provisions of Clauses 23.2.3 and 23.2.4 and 23.2.5 above, if the investigations conducted conclude that the Private Party has committed a fraud or fraudulent misrepresentation, as contemplated in Clauses 23.2.3 and 23.2.4 and 23.2.5 above, then the Private Party shall be liable for the reasonable costs of meeting(s) and/or audit(s).

Appears in 2 contracts

Samples: Public Private Partnership Agreement, Public Private Partnership Agreement

Appointment of Private Party Auditors. 23.2.1 The Private Party will be obliged to appoint one of Deloitte, KPMG, PricewaterhouseCoopers (PWC) or EY as the Private Parties’ auditors for the Project. Failure to do so may result in termination of this PPP Agreement. 23.2.2 In furtherance of its reporting obligations as a company in terms of all applicable Laws, the Private Party shall at all times comply with the record keeping and reporting requirements of the Companies Act if failure to do so would be a breach of the Companies Act and shall ensure that by the Signature Date it has, at its own expense, procured the services of a reputable firm of auditors and that, by the Operation Commencement Date, the Private Party shall implement a suitable accounting and cost control system consistent with GAAP GRAP or IFRS (depending on the principles / standards used by the Private Party) so as to properly prepare and record all financial information relating to the Private Party’s activities in respect of the Project. Copies of such accounts and reports shall be provided to SANParks on written request, and SANParks shall have the right to have access to and the right to remove such accounts and reports if acting within its rights and if so required in terms of applicable Laws. 23.2.3 The Private Party shall similarly cause the Subcontractors to make all information, books of accounts, records and other data relating to the Project available to SANParks on reasonable notice if so required in terms of applicable Laws and if reasonably required for this PPP Agreement. 23.2.4 SANParks may, on reasonable suspicion of fraud or fraudulent misrepresentation by the Private Party which has a direct impact on SANParks and without any prior notice to the Private Party, meet and consult with the Private Party’s auditors regarding the Private Party’s accounts and operations from time to time at the cost of SANParks, subject to Clause 23.2.6 below. 23.2.5 SANParks may also, on reasonable suspicion of fraud or fraudulent misrepresentation by the Private Party and without any prior notice to the Private Party, conduct or require that a firm of independent auditors conduct additional audits of the Private Party, at the cost of SANParks. 23.2.6 Notwithstanding the provisions of Clauses 23.2.4 and 23.2.5 above, if the investigations conducted conclude that the Private Party has committed a fraud or fraudulent misrepresentation, as contemplated in Clauses 23.2.4 and 23.2.5 above, then the Private Party shall be liable for the reasonable costs of meeting(s) and/or audit(s).

Appears in 2 contracts

Samples: Public Private Partnership Agreement, Public Private Partnership Agreement

Appointment of Private Party Auditors. 23.2.1 The Private Party will be obliged to appoint one of Deloitte, KPMG, PricewaterhouseCoopers (PWC) or EY as the Private Parties’ auditors for the Project. Failure to do so may result in termination of this PPP Agreement. 23.2.2 In furtherance of its reporting obligations as a company in terms of all applicable Laws, the Private Party shall at all times comply with the record keeping and reporting requirements of the Companies Act if failure to do so would be a breach of the Companies Act and shall ensure that by the Signature Date it has, at its own expense, procured the services of a reputable firm of auditors and that, by the Operation Commencement Date, the Private Party shall implement a suitable accounting and cost control system consistent with GAAP or IFRS (depending on the principles / standards used by the Private Party) so as to properly prepare and record all financial information relating to the Private Party’s activities in respect of the Project. Copies of such accounts and reports shall be provided to SANParks on written request, and SANParks shall have the right to have access to and the right to remove such accounts and reports if acting within its rights and if so required in terms of applicable Laws. 23.2.3 The Private Party shall similarly cause the Subcontractors to make all information, books of accounts, records and other data relating to the Project available to SANParks on reasonable notice if so required in terms of applicable Laws and if reasonably required for this PPP Agreement. 23.2.4 SANParks may, on reasonable suspicion of fraud or fraudulent misrepresentation by the Private Party which has a direct impact on SANParks and without any prior notice to the Private Party, meet and consult with the Private Party’s auditors regarding the Private Party’s accounts and operations from time to time at the cost of SANParks, subject to Clause 23.2.6 below. 23.2.5 SANParks may also, on reasonable suspicion of fraud or fraudulent misrepresentation by the Private Party and without any prior notice to the Private Party, conduct or require that a firm of independent auditors conduct additional audits of the Private Party, at the cost of SANParks. 23.2.6 Notwithstanding the provisions of Clauses 23.2.4 and 23.2.5 above, if the investigations conducted conclude that the Private Party has committed a fraud or fraudulent misrepresentation, as contemplated in Clauses 23.2.4 and 23.2.5 above, then the Private Party shall be liable for the reasonable costs of meeting(s) and/or audit(s).

Appears in 2 contracts

Samples: Public Private Partnership Agreement, Public Private Partnership Agreement

Appointment of Private Party Auditors. 23.2.1 21.2.1 The Private Party will be obliged to appoint one of Deloitte, KPMG, PricewaterhouseCoopers (PWC) or EY as the Private Parties’ auditors for the Project. Failure to do so may result in termination of this PPP Agreement. 23.2.2 21.2.2 In furtherance of its reporting obligations as a company in terms of all applicable Laws, the Private Party shall at all times comply with the record keeping and reporting requirements of the Companies Act if failure to do so would be a breach of the Companies Act and shall ensure that by the Signature Date it has, at its own expense, procured the services of a reputable firm of auditors and that, by the Operation Commencement Date, the Private Party shall implement a suitable accounting and cost control system consistent with GAAP or IFRS (depending on the principles / standards used by the Private Party) so as to properly prepare and record all financial information relating to the Private Party’s activities in respect of the Project. Copies of such accounts and reports shall be provided to SANParks on written request, and SANParks shall have the right to have access to and the right to remove such accounts and reports if acting within its rights and if so required in terms of applicable Laws. 23.2.3 21.2.3 The Private Party shall similarly cause the Subcontractors to make all information, books of accounts, records and other data relating to the Project available to SANParks on reasonable notice if so required in terms of applicable Laws and if reasonably required for this PPP Agreement. 23.2.4 21.2.4 SANParks may, on reasonable suspicion of fraud or fraudulent misrepresentation by the Private Party which has a direct impact on SANParks and without any prior notice to the Private Party, meet and consult with the Private Party’s auditors regarding the Private Party’s accounts and operations from time to time at the cost of SANParks, subject to Clause 23.2.6 21.2.6 below. 23.2.5 21.2.5 SANParks may also, on reasonable suspicion of fraud or fraudulent misrepresentation by the Private Party and without any prior notice to the Private Party, conduct or require that a firm of independent auditors conduct additional audits of the Private Party, at the cost of SANParks. 23.2.6 21.2.6 Notwithstanding the provisions of Clauses 23.2.4 21.2.4 and 23.2.5 21.2.5 above, if the investigations conducted conclude that the Private Party has committed a fraud or fraudulent misrepresentation, as contemplated in Clauses 23.2.4 21.2.4 and 23.2.5 21.2.5 above, then the Private Party shall be liable for the reasonable costs of meeting(s) and/or audit(s).

Appears in 1 contract

Samples: Public Private Partnership Agreement

Appointment of Private Party Auditors. 23.2.1 24.2.1 The Private Party will be obliged to appoint one of Deloitte, KPMG, PricewaterhouseCoopers (PWC) or EY as the Private Parties’ auditors for the Project. Failure to do so may result in termination of this PPP Agreement. 23.2.2 24.2.2 In furtherance of its reporting obligations as a company in terms of all applicable Laws, the Private Party shall at all times comply with the record keeping and reporting requirements of the Companies Act if failure to do so would be a breach of the Companies Act and shall ensure that by the Signature Date it has, at its own expense, procured the services of a reputable firm of auditors and that, by the Operation Commencement Date, the Private Party shall implement a suitable accounting and cost control system consistent with GAAP or IFRS (depending on the principles / standards used by the Private Party) so as to properly prepare and record all financial information relating to the Private Party’s activities in respect of the Project. Copies of such accounts and reports shall be provided to SANParks on written request, and SANParks shall have the right to have access to and the right to remove such accounts and reports if acting within its rights and if so required in terms of applicable Laws. 23.2.3 24.2.3 The Private Party shall similarly cause the Subcontractors to make all information, books of accounts, records and other data relating to the Project available to SANParks on reasonable notice if so required in terms of applicable Laws and if reasonably required for this PPP Agreement. 23.2.4 24.2.4 SANParks may, on reasonable suspicion of fraud or fraudulent misrepresentation by the Private Party which has a direct impact on SANParks and without any prior notice to the Private Party, meet and consult with the Private Party’s auditors regarding the Private Party’s accounts and operations from time to time at the cost of SANParks, subject to Clause 23.2.6 24.2.6 below. 23.2.5 24.2.5 SANParks may also, on reasonable suspicion of fraud or fraudulent misrepresentation by the Private Party and without any prior notice to the Private Party, conduct or require that a firm of independent auditors conduct additional audits of the Private Party, at the cost of SANParks. 23.2.6 24.2.6 Notwithstanding the provisions of Clauses 23.2.4 24.2.4 and 23.2.5 24.2.5 above, if the investigations conducted conclude that the Private Party has committed a fraud or fraudulent misrepresentation, as contemplated in Clauses 23.2.4 24.2.4 and 23.2.5 24.2.5 above, then the Private Party shall be liable for the reasonable costs of meeting(s) and/or audit(s).

Appears in 1 contract

Samples: Public Private Partnership Agreement

Appointment of Private Party Auditors. 23.2.1 The Private Party will be obliged to appoint one of Deloitte, KPMG, PricewaterhouseCoopers (PWC) or EY as the Private Parties’ auditors a reputable auditor for the Project. Failure to do so may result in termination of this PPP Agreement. 23.2.2 In furtherance of its reporting obligations as a company in terms of all applicable Laws, the Private Party shall at all times comply with the record keeping and reporting requirements of the Companies Act if failure to do so would be a breach of the Companies Act and shall ensure that by the Signature Date it has, at its own expense, procured the services of a reputable firm of auditors and that, by the Operation Commencement Date, the Private Party shall implement a suitable accounting and cost control system consistent with GAAP or IFRS (depending on the principles / standards used by the Private Party) so as to properly prepare and record all financial information relating to the Private Party’s activities in respect of the Project. Copies of such accounts and reports shall be provided to SANParks on written request, and SANParks shall have the right to have access to and the right to remove such accounts and reports if acting within its rights and if so required in terms of applicable Laws.acting 23.2.3 The Private Party shall similarly cause the Subcontractors to make all information, books of accounts, records and other data relating to the Project available to SANParks on reasonable notice if so required in terms of applicable Laws and if reasonably required for this PPP Agreement. 23.2.4 SANParks may, on reasonable suspicion of fraud or fraudulent misrepresentation by the Private Party which has a direct impact on SANParks and without any prior notice to the Private Party, meet and consult with the Private Party’s auditors regarding the Private Party’s accounts and operations from time to time at the cost of SANParks, subject to Clause 23.2.6 below. 23.2.5 SANParks may also, on reasonable suspicion of fraud or fraudulent misrepresentation by the Private Party and without any prior notice to the Private Party, conduct or require that a firm of independent auditors conduct additional audits of the Private Party, at the cost of SANParks. 23.2.6 Notwithstanding the provisions of Clauses 23.2.4 and 23.2.5 above, if the investigations conducted conclude that the Private Party has committed a fraud or fraudulent misrepresentation, as contemplated in Clauses 23.2.4 and 23.2.5 above, then the Private Party shall be liable for the reasonable costs of meeting(s) and/or audit(s).

Appears in 1 contract

Samples: Public Private Partnership Agreement

Appointment of Private Party Auditors. 23.2.1 The Private Party will be obliged to appoint one of Deloitte, KPMG, PricewaterhouseCoopers (PWC) or EY as the Private Parties’ auditors for the Project. Failure to do so may result in termination of this PPP Agreement. 23.2.2 In furtherance of its reporting obligations as a company in terms of all applicable Laws, the Private Party shall at all times comply with the record keeping and reporting requirements of the Companies Act if failure to do so would be a breach of the Companies Act and shall ensure that by the Signature Date it has, at its own expense, procured the services of a reputable firm of auditors and that, by the Operation Commencement Date, the Private Party shall implement a suitable accounting and cost control system consistent with GAAP or IFRS (depending on the principles / standards used by the Private Party) so as to properly prepare and record all financial information relating to the Private Party’s activities in respect of the Project. Copies of such accounts and reports shall be provided to SANParks on written request, and SANParks shall have the right to have access to and the right to remove such accounts and reports if acting within its rights and if so required in terms of applicable Laws. 23.2.3 23.2.2 The Private Party shall similarly cause the Subcontractors to make all information, books of accounts, records and other data relating to the Project available to SANParks on reasonable notice if so required in terms of applicable Laws and if reasonably required for this PPP Agreement. 23.2.4 23.2.3 SANParks may, on reasonable suspicion of fraud or fraudulent misrepresentation by the Private Party which has a direct impact on SANParks and without any prior notice to the Private Party, meet and consult with the Private Party’s auditors regarding the Private Party’s accounts and operations from time to time at the cost of SANParks, subject to Clause 23.2.6 23.2.5 below. 23.2.5 . 23.2.4 SANParks may also, on reasonable suspicion of fraud or fraudulent misrepresentation by the Private Party and without any prior notice to the Private Party, conduct or require that a firm of independent auditors conduct additional audits of the Private Party, at the cost of SANParks. 23.2.6 Notwithstanding the provisions of Clauses 23.2.4 and 23.2.5 above, if the investigations conducted conclude that the Private Party has committed a fraud or fraudulent misrepresentation, as contemplated in Clauses 23.2.4 and 23.2.5 above, then the Private Party shall be liable for the reasonable costs of meeting(s) and/or audit(s).

Appears in 1 contract

Samples: Public Private Partnership Agreement

Appointment of Private Party Auditors. 23.2.1 22.2.1 The Private Party will be obliged to appoint one of Deloittea reputable auditor, KPMGregistered with the Independent Regulatory Board for Auditors, PricewaterhouseCoopers (PWC) or EY as the Private Parties’ Party’s auditors for the Project. Failure to do so may result in termination of this PPP Agreement. 23.2.2 22.2.2 In furtherance of its reporting obligations as a company in terms of all applicable Laws, the Private Party shall at all times comply with the record keeping and reporting requirements of the Companies Act if failure to do so would be a breach of the Companies Act and shall ensure that by the Signature Date it has, at its own expense, procured the services of a reputable firm of auditors and that, by the Operation Commencement Date, the Private Party shall implement a suitable accounting and cost control system consistent with GAAP or IFRS (depending on the principles / standards used by the Private Party) so as to properly prepare and record all financial information relating to the Private Party’s activities in respect of the Project. Copies of such accounts and reports shall be provided to SANParks on written request, and SANParks shall have the right to have access to and the right to remove such accounts and reports if acting within its rights and if so required in terms of applicable Laws. 23.2.3 22.2.3 The Private Party shall similarly cause the Subcontractors to make all information, books of accounts, records and other data relating to the Project available to SANParks on reasonable notice if so required in terms of applicable Laws and if reasonably required for this PPP Agreement. 23.2.4 22.2.4 SANParks may, on reasonable suspicion of fraud or fraudulent misrepresentation by the Private Party which has a direct impact on SANParks and without any prior notice to the Private Party, meet and consult with the Private Party’s auditors regarding the Private Party’s accounts and operations from time to time at the cost of SANParks, subject to Clause 23.2.6 22.2.6 below. 23.2.5 22.2.5 SANParks may also, on reasonable suspicion of fraud or fraudulent misrepresentation by the Private Party and without any prior notice to the Private Party, conduct or require that a firm of independent auditors conduct additional audits of the Private Party, at the cost of SANParks. 23.2.6 22.2.6 Notwithstanding the provisions of Clauses 23.2.4 22.2.4 and 23.2.5 22.2.5 above, if the investigations conducted conclude that the Private Party has committed a fraud or fraudulent misrepresentation, as contemplated in Clauses 23.2.4 22.2.4 and 23.2.5 22.2.5 above, then the Private Party shall be liable for the reasonable costs of meeting(s) and/or audit(s).

Appears in 1 contract

Samples: Public Private Partnership Agreement

Appointment of Private Party Auditors. 23.2.1 The Private Party will be obliged to appoint one of Deloitte, KPMG, PricewaterhouseCoopers (PWC) or EY as the Private Parties’ auditors a reputable auditor for the Project. Failure to do so may result in termination of this PPP Agreement. 23.2.2 In furtherance of its reporting obligations as a company in terms of all applicable Laws, the Private Party shall at all times comply with the record keeping and reporting requirements of the Companies Act if failure to do so would be a breach of the Companies Act and shall ensure that by the Signature Date it has, at its own expense, procured the services of a reputable firm of auditors and that, by the Operation Commencement Date, the Private Party shall implement a suitable accounting and cost control system consistent with GAAP GRAP or IFRS (depending on the principles / standards used by the Private Party) so as to properly prepare and record all financial information relating to the Private Party’s activities in respect of the Project. Copies of such accounts and reports shall be provided to SANParks on written request, and SANParks shall have the right to have access to and the right to remove such accounts and reports if acting within its rights and if so required in terms of applicable Laws. 23.2.3 The Private Party shall similarly cause the Subcontractors to make all information, books of accounts, records and other data relating to the Project available to SANParks on reasonable notice if so required in terms of applicable Laws and if reasonably required for this PPP Agreement. 23.2.4 SANParks may, on reasonable suspicion of fraud or fraudulent misrepresentation by the Private Party which has a direct impact on SANParks and without any prior notice to the Private Party, meet and consult with the Private Party’s auditors regarding the Private Party’s accounts and operations from time to time at the cost of SANParks, subject to Clause 23.2.6 below. 23.2.5 SANParks may also, on reasonable suspicion of fraud or fraudulent misrepresentation by the Private Party and without any prior notice to the Private Party, conduct or require that a firm of independent auditors conduct additional audits of the Private Party, at the cost of SANParks. 23.2.6 Notwithstanding the provisions of Clauses 23.2.4 and 23.2.5 above, if the investigations conducted conclude that the Private Party has committed a fraud or fraudulent misrepresentation, as contemplated in Clauses 23.2.4 and 23.2.5 above, then the Private Party shall be liable for the reasonable costs of meeting(s) and/or audit(s).

Appears in 1 contract

Samples: Public Private Partnership Agreement

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Appointment of Private Party Auditors. 23.2.1 The Private Party will be obliged to appoint one of Deloitte, KPMG, PricewaterhouseCoopers (PWC) or EY as the Private Parties’ auditors for the Project. Failure to do so may result in termination of this PPP Agreement. 23.2.2 In furtherance of its reporting obligations as a company in terms of all applicable Laws, the Private Party shall at all times comply with the record keeping and reporting requirements of the Companies Act if failure to do so would be a breach of the Companies Act and shall ensure that by the Signature Date it has, at its own expense, procured the services of a reputable firm of auditors and that, by the Operation Commencement Date, the Private Party shall implement a suitable accounting and cost control system consistent with GAAP or IFRS (depending on the principles / standards used by the Private Party) so as to properly prepare and record all financial information relating to the Private Party’s activities in respect of the Project. Copies of such accounts and reports shall be provided to SANParks on written request, and SANParks shall have the right to have access to and the right to remove such accounts and reports if acting within its rights and if so required in terms of applicable Laws. 23.2.3 The Private Party shall similarly cause the Subcontractors to make all information, books of accounts, records and other data relating to the Project available to SANParks on reasonable notice if so required in terms of applicable Laws and if reasonably required for this PPP Agreement. 23.2.4 SANParks may, on reasonable suspicion of fraud or fraudulent misrepresentation by the Private Party which has a direct impact on SANParks and without any prior notice to the Private Party, meet and consult with the Private Party’s auditors regarding the Private Party’s accounts and operations from time to time at the cost of SANParks, subject to Clause 23.2.6 below. 23.2.5 SANParks may also, on reasonable suspicion of fraud or fraudulent misrepresentation by the Private Party and without any prior notice to the Private Party, conduct or require that a firm of independent auditors conduct additional audits of the Private Party, at the cost of SANParks.fraudulent 23.2.6 Notwithstanding the provisions of Clauses 23.2.4 and 23.2.5 above, if the investigations conducted conclude that the Private Party has committed a fraud or fraudulent misrepresentation, as contemplated in Clauses 23.2.4 and 23.2.5 above, then the Private Party shall be liable for the reasonable costs of meeting(s) and/or audit(s).

Appears in 1 contract

Samples: Public Private Partnership Agreement

Appointment of Private Party Auditors. 23.2.1 22.2.1 The Private Party will be obliged to appoint one of Deloitte, KPMG, PricewaterhouseCoopers (PWC) or EY as the Private Parties’ auditors for the Project. Failure to do so may result in termination of this PPP Agreement. 23.2.2 22.2.2 In furtherance of its reporting obligations as a company in terms of all applicable Laws, the Private Party shall at all times comply with the record keeping and reporting requirements of the Companies Act if failure to do so would be a breach of the Companies Act and shall ensure that by the Signature Date it has, at its own expense, procured the services of a reputable firm of auditors and that, by the Operation Commencement Date, the Private Party shall implement a suitable accounting and cost control system consistent with GAAP or IFRS (depending on the principles / standards used by the Private Party) so as to properly prepare and record all financial information relating to the Private Party’s activities in respect of the Project. Copies of such accounts and reports shall be provided to SANParks on written request, and SANParks shall have the right to have access to and the right to remove such accounts and reports if acting within its rights and if so required in terms of applicable Laws. 23.2.3 22.2.3 The Private Party shall similarly cause the Subcontractors to make all information, books of accounts, records and other data relating to the Project available to SANParks on reasonable notice if so required in terms of applicable Laws and if reasonably required for this PPP Agreement. 23.2.4 22.2.4 SANParks may, on reasonable suspicion of fraud or fraudulent misrepresentation by the Private Party which has a direct impact on SANParks and without any prior notice to the Private Party, meet and consult with the Private Party’s auditors regarding the Private Party’s accounts and operations from time to time at the cost of SANParks, subject to Clause 23.2.6 22.2.6 below. 23.2.5 22.2.5 SANParks may also, on reasonable suspicion of fraud or fraudulent misrepresentation by the Private Party and without any prior notice to the Private Party, conduct or require that a firm of independent auditors conduct additional audits of the Private Party, at the cost of SANParks. 23.2.6 22.2.6 Notwithstanding the provisions of Clauses 23.2.4 22.2.4 and 23.2.5 22.2.5 above, if the investigations conducted conclude that the Private Party has committed a fraud or fraudulent misrepresentation, as contemplated in Clauses 23.2.4 22.2.4 and 23.2.5 22.2.5 above, then the Private Party shall be liable for the reasonable costs of meeting(s) and/or audit(s).

Appears in 1 contract

Samples: Public Private Partnership Agreement

Appointment of Private Party Auditors. 23.2.1 The Private Party will be obliged to appoint one of Deloitte, KPMG, PricewaterhouseCoopers a medium- to large-tier auditor (PWCas defined by the Independent Regulatory Board for Auditors) or EY as the Private Parties’ auditors for the Project. Failure to do so may result in termination of this PPP Agreement. 23.2.2 In furtherance of its reporting obligations as a company in terms of all applicable Laws, the Private Party shall at all times comply with the record keeping and reporting requirements of the Companies Act if failure to do so would be a breach of the Companies Act and shall ensure that by the Signature Date it has, at its own expense, procured the services of a reputable firm of auditors and that, by the Operation Commencement Date, the Private Party shall implement a suitable accounting and cost control system consistent with GAAP or IFRS (depending on the principles / standards used by the Private Party) so as to properly prepare and record all financial information relating to the Private Party’s activities in respect of the Project. Copies of such accounts and reports shall be provided to SANParks on written request, and SANParks shall have the right to have access to and the right to remove such accounts and reports if acting within its rights and if so required in terms of applicable Laws. 23.2.3 The Private Party shall similarly cause the Subcontractors to make all information, books of accounts, records and other data relating to the Project available to SANParks on reasonable notice if so required in terms of applicable Laws and if reasonably required for this PPP Agreement. 23.2.4 SANParks may, on reasonable suspicion of fraud or fraudulent misrepresentation by the Private Party which has a direct impact on SANParks and without any prior notice to the Private Party, meet and consult with the Private Party’s auditors regarding the Private Party’s accounts and operations from time to time at the cost of SANParks, subject to Clause 23.2.6 below. 23.2.5 SANParks may also, on reasonable suspicion of fraud or fraudulent misrepresentation by the Private Party and without any prior notice to the Private Party, conduct or require that a firm of independent auditors conduct additional audits of the Private Party, at the cost of SANParks. 23.2.6 Notwithstanding the provisions of Clauses 23.2.4 and 23.2.5 above, if the investigations conducted conclude that the Private Party has committed a fraud or fraudulent misrepresentation, as contemplated in Clauses 23.2.4 and 23.2.5 above, then the Private Party shall be liable for the reasonable costs of meeting(s) and/or audit(s).

Appears in 1 contract

Samples: Public Private Partnership Agreement

Appointment of Private Party Auditors. 23.2.1 The Private Party will be obliged to appoint one of Deloitte, KPMG, PricewaterhouseCoopers (PWC) or EY as the Private Parties’ auditors a reputable auditor for the Project. Failure to do so may result in termination of this PPP Agreement. 23.2.2 In furtherance of its reporting obligations as a company in terms of all applicable Laws, the Private Party shall at all times comply with the record keeping and reporting requirements of the Companies Act if failure to do so would be a breach of the Companies Act and shall ensure that by the Signature Date it has, at its own expense, procured the services of a reputable firm of auditors and that, by the Operation Commencement Date, the Private Party shall implement a suitable accounting and cost control system consistent with GAAP or IFRS (depending on the principles / standards used by the Private Party) so as to properly prepare and record all financial information relating to the Private Party’s activities in respect of the Project. Copies of such accounts and reports shall be provided to SANParks on written request, and SANParks shall have the right to have access to and the right to remove such accounts and reports if acting within its rights and if so required in terms of applicable Laws. 23.2.3 The Private Party shall similarly cause the Subcontractors to make all information, books of accounts, records and other data relating to the Project available to SANParks on reasonable notice if so required in terms of applicable Laws and if reasonably required for this PPP Agreement. 23.2.4 SANParks may, on reasonable suspicion of fraud or fraudulent misrepresentation by the Private Party which has a direct impact on SANParks and without any prior notice to the Private Party, meet and consult with the Private Party’s auditors regarding the Private Party’s accounts and operations from time to time at the cost of SANParks, subject to Clause 23.2.6 below. 23.2.5 SANParks may also, on reasonable suspicion of fraud or fraudulent misrepresentation by the Private Party and without any prior notice to the Private Party, conduct or require that a firm of independent auditors conduct additional audits of the Private Party, at the cost of SANParks. 23.2.6 Notwithstanding the provisions of Clauses 23.2.4 and 23.2.5 above, if the investigations conducted conclude that the Private Party has committed a fraud or fraudulent misrepresentation, as contemplated in Clauses 23.2.4 and 23.2.5 above, then the Private Party shall be liable for the reasonable costs of meeting(s) and/or audit(s).

Appears in 1 contract

Samples: Public Private Partnership Agreement

Appointment of Private Party Auditors. 23.2.1 The Private Party will be obliged to appoint one of Deloitte, KPMG, PricewaterhouseCoopers (PWC) or EY a reputable auditing company as the Private Parties’ auditors for the Project. Failure to do so may result in termination of this PPP Agreement. 23.2.2 In furtherance of its reporting obligations as a company in terms of all applicable Laws, the Private Party shall at all times comply with the record keeping and reporting requirements of the Companies Act if failure to do so would be a breach of the Companies Act and shall ensure that by the Signature Date it has, at its own expense, procured the services of a reputable firm of auditors and that, by the Operation Commencement Date, the Private Party shall implement a suitable accounting and cost control system consistent with GAAP or IFRS (depending on the principles / standards used by the Private Party) so as to properly prepare and record all financial information relating to the Private Party’s activities in respect of the Project. Copies of such accounts and reports shall be provided to SANParks on written request, and SANParks shall have the right to have access to and the right to remove such accounts and reports if acting within its rights and if so required in terms of applicable Laws. 23.2.3 The Private Party shall similarly cause the Subcontractors to make all information, books of accounts, records and other data relating to the Project available to SANParks on reasonable notice if so required in terms of applicable Laws and if reasonably required for this PPP Agreement. 23.2.4 SANParks may, on reasonable suspicion of fraud or fraudulent misrepresentation by the Private Party which has a direct impact on SANParks and without any prior notice to the Private Party, meet and consult with the Private Party’s auditors regarding the Private Party’s accounts and operations from time to time at the cost of SANParks, subject to Clause 23.2.6 below. 23.2.5 SANParks may also, on reasonable suspicion of fraud or fraudulent misrepresentation by the Private Party and without any prior notice to the Private Party, conduct or require that a firm of independent auditors conduct additional audits of the Private Party, at the cost of SANParks. 23.2.6 Notwithstanding the provisions of Clauses 23.2.4 and 23.2.5 above, if the investigations conducted conclude that the Private Party has committed a fraud or fraudulent misrepresentation, as contemplated in Clauses 23.2.4 and 23.2.5 above, then the Private Party shall be liable for the reasonable costs of meeting(s) and/or audit(s).

Appears in 1 contract

Samples: Public Private Partnership Agreement

Appointment of Private Party Auditors. 23.2.1 The Private Party will be obliged to appoint one of Deloitte, KPMG, PricewaterhouseCoopers (PWC) or EY as the Private Parties’ auditors for the Project. Failure to do so may result in termination of this PPP Agreement. 23.2.2 21.2.1 In furtherance of its reporting obligations as a company in terms of all applicable Laws, the Private Party shall at all times comply with the record keeping and reporting requirements of the Companies Act if failure to do so would be a breach of the Companies Act and shall ensure that by the Signature Date it has, at its own expense, procured the services of a reputable firm of auditors and that, by the Operation Commencement Date, the Private Party shall implement a suitable accounting and cost control system consistent with GAAP or IFRS (depending on the principles / standards used by the Private Party) so as to properly prepare and record all financial information relating to the Private Party’s activities in respect of the Project. Copies of such accounts and reports shall be provided to SANParks on written request, and SANParks shall have the right to have access to and the right to remove such accounts and reports if acting within its rights and if so required in terms of applicable Laws. 23.2.3 21.2.2 The Private Party shall similarly cause the Subcontractors to make all information, books of accounts, records and other data relating to the Project available to SANParks on reasonable notice if so required in terms of applicable Laws and if reasonably required for this PPP Agreement. 23.2.4 21.2.3 SANParks may, on reasonable suspicion of fraud or fraudulent misrepresentation by the Private Party which has a direct impact on SANParks and without any prior notice to the Private Party, meet and consult with the Private Party’s auditors regarding the Private Party’s accounts and operations from time to time at the cost of SANParks, subject to Clause 23.2.6 21.2.5 below. 23.2.5 . 21.2.4 SANParks may also, on reasonable suspicion of fraud or fraudulent misrepresentation by the Private Party and without any prior notice to the Private Party, conduct or require that a firm of independent auditors conduct additional audits of the Private Party, at the cost of SANParks. 23.2.6 Notwithstanding the provisions of Clauses 23.2.4 and 23.2.5 above, if the investigations conducted conclude that the Private Party has committed a fraud or fraudulent misrepresentation, as contemplated in Clauses 23.2.4 and 23.2.5 above, then the Private Party shall be liable for the reasonable costs of meeting(s) and/or audit(s).

Appears in 1 contract

Samples: Public Private Partnership Agreement

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