BLACK ECONOMIC EMPOWERMENT. 18.1 The Private Party shall ensure compliance with all Regulatory Provisions relating to Black Economic Empowerment and undertakes to implement the BEE Obligations set out in Schedule 5.
18.2 If the Private Party fails to implement its BEE Obligations in accordance with this PPP Agreement, SANParks may give the Private Party notice thereof and, if any such failure is not remedied within 14 (fourteen) Business Days (or such longer period as SANParks may, in its sole discretion, specify), SANParks shall be entitled to terminate this PPP Agreement in accordance with its terms.
BLACK ECONOMIC EMPOWERMENT. 15.1 The Private Party shall ensure compliance with all Regulatory Provisions relating to Black Economic Empowerment and undertakes to implement the BEE Obligations set out in Schedule 5.
15.2 Notwithstanding Clause 15.1 above, The Private Party shall specifically ensure that the compliance with all Regulatory Provisions relating to Black Economic Empowerment occurs at a Private Party level or during the appointment of Private Party.
15.3 If the Private Party fails to implement its BEE Obligations in accordance with this PPP Agreement, SANParks may give the Private Party notice thereof and, if any such failure is not remedied within 14 (fourteen) Business Days (or such longer period as SANParks may, in its sole discretion, specify), SANParks shall be entitled to terminate this PPP Agreement in accordance with its terms.
BLACK ECONOMIC EMPOWERMENT. 3.1 The Post Office promotes the objects of the Broad-base Black Economic Empowerment Act no 53 of 2003, as amended from time to time, [“BEE Act”] and has developed a procurement policy in terms of which the Service Provider shall be required at all times to comply with and be subject to.
3.2 The Post Office reserves the right to complete a due diligence exercise on the Service Provider to determine compliance of the BEE component and make the necessary recommendation in the event of any non-compliance.
BLACK ECONOMIC EMPOWERMENT. 17.1 The Contractor must be BBBEE compliant and maintain at least a level 5 for the purposes of this Agreement. The Contractor further undertakes to comply with Black Economic Empowerment policies of ArcelorMittal from time to time and is required to improve its BBBEE compliance status by at least one contribution level every year for the duration of the Agreement, until such time as a BBBEE compliance level 3 is reached. After reaching BBBEE compliance level 3, it must be maintained for the remainder of the Agreement.
17.2 ArcelorMittal reserves the right to audit the Contractor’s BBBEE status on a regular basis and the Contractor shall afford ArcelorMittal reasonable access to all documents and other information necessary to conduct such audit(s).
BLACK ECONOMIC EMPOWERMENT. 5.1. The Post Office promotes the objects of the Broad-based Black Economic Empowerment Act No. 53 of 2003, as amended from time to time, (“BEE”) and has developed a procurement policy and strategy in terms of which the Supplier or Service Provider shall be required at all times to comply with and be subject to.
5.2. The Supplier and/or Service Provider acknowledges that it has correctly and truthfully reflected its BEE qualifications from part B to E of the Supplier Registration Form.
5.3. The Supplier or Service Provider acknowledges that the Post Offices shall not allow any sort of fronting and that any conduct, which is similar to fronting by the Supplier or Service Provider shall be investigated by the Post Office. If the Post Office’s investigation reveals that the Supplier of Service Provider is fronting, the Post Office shall take the necessary legal measures against the Supplier or Service Provider.
5.4. In the event that the Service Provider is a joint venture, the joint venture must comply with the following requirements:
5.4.1. an approved contractual relationship must be established between the BEE party and the non BEE party, e.g. a corporatised joint venture is established.
5.4.2. the BEE’s party’s management in the joint venture must be proportional to the BEE’s participation in the joint venture.
5.4.3. the BEE party must provide the Services with its own resources;
5.4.4. the BEE’s party’s shares in the potential benefits and the potential risks inherent in the contract must be proportional to their participation in the joint venture; and
5.4.5. BEE supplier participates to an extent of 40% of the Contract Price.
5.5. The Post Office reserves the right to complete a due diligence exercise on the Supplier or Service Provider to determine compliance of the BEE component and make the necessary recommendation in the event of any non-compliance.
5.6. The Service Provider shall comply with the terms and conditions of the Post Office’s BEE policy, which is available upon written request by the Service Provider to the Post Office.
BLACK ECONOMIC EMPOWERMENT. 22.1. The Contractor acknowledges that it is aware of the relevant provisions of the MPRD Act, the Broad-Based Black Economic Empowerment Act No 53 of 2003, the Broad-Based Socio-Economic Empowerment Charter for the South African Mining Industry and the Code of Good Practice for the Minerals Industry as well as the responsibilities and obligations that have been placed on Glencore as a result of the aforementioned legislation, charter and code.
22.2. The Contractor undertakes that it shall advise Glencore in writing as follows:
22.2.1. on request by Glencore regarding its efforts made to comply with the aforementioned legislation, charter and code; and/or
22.2.2. in the event that there is any change or proposed change in its membership, shareholding or management which relates to or may be relevant to the aforementioned legislation, charter and code.
22.3. Glencore may cancel this Agreement on written notice to the Contractor in the event that the membership, shareholding or management of the Contractor is changed with an effect that is contrary to the intention of the legislation, charter or code referred to in this provision.
BLACK ECONOMIC EMPOWERMENT. The Supplier will maintain its B-BBEE level as evidenced by means of a current, valid B-BBEE certificate (where applicable) for the Duration of this Agreement. Should the Supplier fail to maintain its B-BBEE level for the Duration of this Agreement, then: The Supplier will notify the Customer in writing of such change in its B-BBEE level within 7 (seven) days of the Supplier becoming aware of such change; and The Customer may, upon written notice to the Supplier, request that the Supplier take reasonable steps to remedy the deterioration in its B-BBEE level, failing which the Customer may invoke the provisions of clause 24.
BLACK ECONOMIC EMPOWERMENT. 14.1 When making decisions affecting the performance of its obligations under this Agreement, the Lessee will take into account SANParks and State policies and objectives on affirmative action and employment equity and the empowerment of Historically Disadvantaged Individuals and Historically Disadvantaged Groups (HDG’s).
14.2 The Lessee shall make every effort and use all appropriate opportunities to xxxxxx the employment of HDGs, including but not limited to, creating business and employment opportunities for HDGs and empowering those HDGs living in communities in the vicinity of the Park.
BLACK ECONOMIC EMPOWERMENT. 14.1 When making decisions affecting the performance of its obligations under this Agreement, the Operator will take into account SANParks and State policies and objectives on affirmative action and employment equity and the empowerment of Historically Disadvantaged Individuals and Historically Disadvantaged Groups (HDG’s).
14.2 The Operator shall make every effort and use all appropriate opportunities to xxxxxx the employment of HDGs, including but not limited to, creating business and employment opportunities for HDGs and empowering those HDGs living in communities in the vicinity of the Park.
BLACK ECONOMIC EMPOWERMENT. 14.1 When making decisions affecting the performance of its obligations under this Agreement, the Private Party will take into account SANParks and State policies and objectives on affirmative action and employment equity and the empowerment of Historically Disadvantaged Individuals and Historically Disadvantaged Groups.
14.2 The Private Party shall make every effort and use all appropriate opportunities to xxxxxx the employment of HDGs, including but not limited to, creating business and employment opportunities for HDGs and empowering those HDGs living in communities in the vicinity of the Park.
