Common use of Breach Caused by Employees and Penalty Clause in Contracts

Breach Caused by Employees and Penalty. 12.2.1 During the Development Period and Project Term, the Private Party shall take all the necessary appropriate measures to ensure that its staff adhere to, abide by and comply with the Regulatory Provisions and sound conservation and commercial principles. Without derogating from the generality of the foregoing, sound conservation principles include the Conservation Management of the Park and sound commercial principles include such practices that enhance the Private Party’s ability to conduct business in accordance with the provisions of the PPP Agreement. 12.2.2 In the event of any employee of the Private Party causing the Private Party to breach a provision of this PPP Agreement the following shall apply: 12.2.2.1 Subject to Clause 12.1, such employee shall be charged forthwith by the Private Party with committing a mandatory serious offence in terms of the Private Party’s disciplinary code and failing the existence of the Private Party’s disciplinary code, SANParks’ disciplinary code, and shall be liable to dismissal in terms thereof. 12.2.2.2 The Private Party shall without delay furnish SANParks with a copy of the written record of such disciplinary proceedings, finding and sentence. 12.2.2.3 Without prejudice to SANParks’ right to claim damages or otherwise in respect of any failure or breach of the Private Party, the Private Party shall be liable to pay a penalty in the amount stated in Schedule A for each and every occurrence of such misconduct. 12.2.2.4 Any penalty imposed by SANParks under this Clause 12 shall be paid within 5 (five) Business Days of the Private Party’s receipt of written notice from SANParks of the imposition thereof. 12.2.3 The Private Party shall in any event be liable to remedy at its sole cost any environmental or other damage caused by such employee, in such manner and within 30 (thirty) Business Days or such longer period as may be agreed by SANParks.

Breach Caused by Employees and Penalty. 12.2.1 During the Development Period and Project Term, the Private Party shall take all the necessary appropriate measures to ensure that its staff adhere to, abide by and comply with the Regulatory Provisions and sound conservation and commercial principles. Without derogating from the generality of the foregoing, sound conservation principles include the Conservation Management of the Park and sound commercial principles include such practices that enhance the Private Party’s ability to conduct business in accordance with the provisions of the PPP Agreement. 12.2.2 In the event of any employee of the Private Party causing the Private Party to breach a provision of this PPP Agreement the following shall apply: 12.2.2.1 Subject to Clause 12.1, such employee shall be charged forthwith by the Private Party with committing a mandatory serious offence in terms of the Private Party’s disciplinary code and failing the existence of the Private Party’s disciplinary code, SANParks’ disciplinary code, and shall be liable to dismissal in terms thereof. 12.2.2.2 The Private Party shall without delay furnish SANParks with a copy of the written record of such disciplinary proceedings, finding and sentence. 12.2.2.3 Without prejudice to SANParks’ right to claim damages or otherwise in respect of any failure or breach of the Private Party, the Private Party shall be liable to pay a penalty in the amount stated in Schedule A for each and every occurrence of such misconduct. 12.2.2.4 Any penalty imposed by SANParks under this Clause 12 shall be paid within 5 (five) Business Days of the Private Party’s receipt of written notice from SANParks of the imposition thereof. 12.2.3 The Private Party shall in any event be liable to remedy at its sole cost any environmental or other damage caused by such employee, in such manner and within 30 (thirty) Business Days or such longer period as may be agreed by SANParks.