Committed Obligations. 14.1 The Parties acknowledge and agree that the terms of the Committed Obligations were reviewed and, where relevant either delayed, suspended or reduced in scope or application in accordance with the EMA.
14.2 For the purposes of this Clause 14, “EMA Review Agreement” means the EMA Review Agreement of Amendment to the Franchise Agreement which may be entered into by the Parties on or after the date of this XXXX. The Parties agree that:
14.2.1 the entry into this XXXX shall not cause any of the EMA Review Variations (as defined in the EMA Review Agreement) to expire; and
14.2.2 any references to the "EMA Period" contained in the EMA Review Variations shall be defined as "the period commencing on 1 March 2020 and ending upon the expiry of the term of the XXXX".
14.3 For the duration of this XXXX, the Secretary of State may in accordance with schedule 9.3 (Variations to the Franchise Agreement and Incentivising Beneficial Changes) to the Franchise Agreement vary any Committed Obligations or Franchise Specific Obligations (as applicable) (including for the avoidance of doubt, any EMA Review Variations).
Committed Obligations. 1.1 The Committed Obligations with regard to the Job Creation Obligations are provided in Tables 2.1(A) and 2.1(B) below. TABLE 2.1A – Percentage of Committed Obligations with regard to Job Creation13 No. Description 100-SR-01 RSA Based Employees who are Citizens [80%] 000-XX-00 XXX Based Employees who are Black People [50%] 100-SR-03 Skilled Employees who are Black People [30%] 000-XX-00 XXX Based Employees who are Citizens from Local Communities [20%]
1.2 For purposes of Table 2.1A above, reference to Committed Obligations (Job Creation Obligations) shall refer to the Seller’s undertaking and commitment in respect of each of the Construction Measurement Period and the Operating Measurement Period that:
1.2.1 [80%] of the Employees employed for purposes of the Project will be RSA Based Employees who are Citizens;
1.2.2 [50%] of the Employees employed for purposes of the Project will be RSA Based Employees who are Black People;
1.2.3 [30%] of the Skilled Employees employed for purposes of the Project will be Black People; and
1.2.4 [20%] of the Employees employed for purposes of the Project will be RSA Based Employees who are Citizens from Local Communities.
Committed Obligations. 1.1 The Committed Obligations with regard to the Local Content Obligations are provided in Table 2.2 below. TABLE 2.2 – Committed Obligations with regard to Local Content13 No. Description 200-SR- 01 Value of Local Content Spend [18%]
1.2 For purposes of Table 2.2 above, reference to Committed Obligations (Local Content Obligations) shall refer to the Seller’s undertaking and commitment that the Seller and its Contractors shall during the Construction Measurement Period ensure that the Value of Local Content Spend is not less than [18%] in relation to the Project.
Committed Obligations. 1.1 The Committed Obligations with regard to the Ownership Element Obligations are provided in Tables 2.3.1, 2.3.2 and 2.3.3 below. 14 No. Description 300-PC- Shareholding by Black People [30%] Exercisable Voting Rights by [30%] Black People Economic Interest by Black [30%] People 300-PC- Shareholding by Local [5%] 02 Communities Exercisable Voting Rights by [5%]15 Local Communities Economic Interest by Local [5%] Communities No. Description 300-CC- Shareholding by Black People [20%] Exercisable Voting Black People Rights by [20%] Economic Interest People by Black [20%] 14 Drafting Note: These obligations are to be based on the Bidder’s proposal denoting the commitments made by the Bidder with regard to Ownership. The numbers in [squared brackets] will be changed to align with the Bidder’s proposal which must, at all times, comply with the requirements as stated in the RFP.
Committed Obligations. 1.1 The Committed Obligations with regard to the Management Control Obligations are provided in Table 2.4 below. TABLE 2.4 – Committed Obligations with regard to Management Control16 No. Description 400-SR- 01 Black Top Management [40%]
1.2 For purposes of Table 2.4 above, reference to Committed Obligations (Management Control Obligations) shall refer to the Seller’s undertaking and commitment that [40%] of Top Management is comprised of Black People, determined using the Adjusted Recognition of Gender.
Committed Obligations. The Committed Obligations with regard to Preferential Procurement Obligations are provided in Table 2.5 below. TABLE 2.5 – Committed Obligations with regard to Preferential Procurement17 No. Description 500-SR-01 B-BBEE Procurement [60.00%] 500-SR-02 QSE and EME Procurement [10.00%] 500-SR-03 Women Owned Vendor Procurement [5.00%]
Committed Obligations. The Committed Obligations with regard to the Enterprise Development Obligations are provided in Table 2.6 below. TABLE 2.6 – Committed Obligations with regard to Enterprise Development18 No. Description 600-SR-01 Enterprise Development Contributions [0.6%] of Revenue 600-SR-02 Adjusted Enterprise Development Contributions [0.6%] of Revenue
Committed Obligations. The Committed Obligations with regard to the Socio-Economic Development Obligations are provided in Table 2.7 below. TABLE 2.7 – Committed Obligations with regard to Socio-Economic Development19 No. Description 700-SR-01 Socio-Economic Development Contributions [1.5%] of Revenue 700-SR-02 Adjusted Socio-Economic Development Contributions [1.5%] of Revenue
Committed Obligations. The Franchisee shall deliver the Committed Obligations that are set out in Appendix 11 (List of Committed Obligations and Related Provisions) in accordance with the terms thereof.
Committed Obligations. 14.1 Following execution of this Agreement, the Parties shall within thirty (30) Weekdays of the date of this Agreement meet and consider, acting reasonably and in good faith, whether the completion of Committed Obligations will be:
(a) continued "as is";
(b) delayed;
(c) suspended; or
(d) reduced in scope or application.
14.2 In the event that the Committed Obligation involves Capital Expenditure the default assumption will be that the Committed Obligation shall continue unaffected during the period of the EMA.
14.3 In the event the Parties are unable to agree the approach to completion of a Committed Obligation within sixty (60) Weekdays of the date of this Agreement, the Authority shall reasonably determine the approach.
