Common use of Damage to or Destruction Clause in Contracts

Damage to or Destruction. of the SANParks Thesens Island Restaurant and Project Site or Project Assets 6.4.1 After delivery of the Project Site, the SANParks Thesens Island Restaurant or any portion thereof and any Institution Assets delivered to the Private Party, the Project Site and any New Project Assets, shall be at the sole risk of and under the care, custody and control of the Private Party. 6.4.2 Without derogating from the generality of Clause 6.4.1, the Private Party shall bear all risks and costs with regard to any weather conditions (subject to the provisions of Clause 16), including, without limitation, floods, and with regard to physical conditions or obstructions (both above-ground and subsurface and whether artificial or not), whether foreseen or unforeseen, which are encountered during the Construction Phase or at any time during the Project Term. 6.4.3 Should the Project Site, the SANParks Thesens Island Restaurant or the Project Assets or any portion thereof be damaged or destroyed at any time during the Project Term, the Private Party shall, within a reasonable period of time, at its own cost and expense, repair, rebuild or replace the same so that after such repair, rebuilding or replacing, the Project Site, the SANParks Thesens Island Restaurant and such Project Assets shall be substantially in the same condition as prior to such damage or destruction. In the event that the extent or nature of such damage or destruction is such that it would be impossible or commercially undesirable to repair, rebuild or replace the relevant portion of the Project Site, the SANParks Thesens Island Restaurant and/or the relevant Project Assets, the Private Party shall be excused from the obligation to so repair, rebuild or replace and SANParks or the Private Party shall have the right to proceed pursuant to Clause 16 on the basis that an event of Force Majeure shall be deemed to have occurred. 6.4.4 Should SANParks and the Private Party disagree with respect to what is “commercially undesirable” in Clause 6.4.3, either Party may request the other Party to agree within 7 (seven) Business Days on an independent expert to make a determination in that regard. Should the Parties be unable to agree on the identity of such expert within 7 (seven) Business Days of the second party being so requested, such expert shall be chosen by the Chairman of the Association of Law Societies of South Africa to make such determination. The person thus chosen shall act as an expert and not as an arbitrator and the determination by such expert shall be final and binding on the Parties.

Damage to or Destruction. of the SANParks Thesens Island Restaurant Hotel and Project Site or Project Assets 6.4.1 After delivery of the Project Site, the SANParks Thesens Island Restaurant Hotel or any portion thereof and any Institution Assets delivered to the Private Party, the Project Site and any New Project Assets, shall be at the sole risk of and under the care, custody and control of the Private Party. 6.4.2 Without derogating from the generality of Clause 6.4.1, the Private Party shall bear all risks and costs with regard to any weather conditions (subject to the provisions of Clause 16), including, without limitation, floods, and with regard to physical conditions or obstructions (both above-ground and subsurface and whether artificial or not), whether foreseen or unforeseen, which are encountered during the Construction Phase or at any time during the Development Period and Project Term. 6.4.3 Should the Project Site, the SANParks Thesens Island Restaurant Hotel or the Project Assets or any portion thereof be damaged or destroyed at any time during the Development Period and Project Term, the Private Party shall, within a reasonable period of time, at its own cost and expense, repair, rebuild or replace the same so that after such repair, rebuilding or replacing, the Project Site, the SANParks Thesens Island Restaurant Hotel and such Project Assets shall be substantially in the same condition as prior to such damage or destruction. In the event that the extent or nature of such damage or destruction is such that it would be impossible or commercially undesirable to repair, rebuild or replace the relevant portion of the Project Site, the SANParks Thesens Island Restaurant Hotel and/or the relevant Project Assets, the Private Party shall be excused from the obligation to so repair, rebuild or replace and SANParks or the Private Party shall have the right to proceed pursuant to Clause 16 on the basis that an event of Force Majeure shall be deemed to have occurred. 6.4.4 Should SANParks and the Private Party disagree with respect to what is “commercially undesirable” in Clause 6.4.3, either Party may request the other Party to agree within 7 (seven) Business Days on an independent expert to make a determination in that regard. Should the Parties be unable to agree on the identity of such expert within 7 (seven) Business Days of the second party being so requested, such expert shall be chosen by the Chairman of the Association of Law Societies of South Africa to make such determination. The person thus chosen shall act as an expert and not as an arbitrator and the determination by such expert shall be final and binding on the Parties.

Damage to or Destruction. of the SANParks Thesens Island Restaurant and Concession Houseboats, Project Site or and Project Assets 6.4.1 After delivery of the Project Construction Site, the SANParks Thesens Island Restaurant Concession Houseboats, Project Site or any portion thereof and any Institution Assets delivered to the Private Party, the Project Site and any New Project Assets, Assets shall be at the sole risk of and under the care, custody and control of the Private Party. 6.4.2 Without derogating from the generality of Clause 6.4.1, the Private Party shall bear all risks and costs with regard to any weather conditions (subject to the provisions of Clause 16), including, without limitation, floods, and with regard to physical conditions or obstructions (both above-ground and subsurface and whether artificial or not), whether foreseen or unforeseen, which are encountered during the Construction Phase or at any time during the Development Period and Project Term. 6.4.3 Should the Project Site, the SANParks Thesens Island Restaurant Concession Houseboats or the Project Assets or any portion thereof be damaged or destroyed at any time during the Development Period and Project Term, the Private Party shall, within a reasonable period of time, at its own cost and expense, repair, rebuild or replace the same so that after such repair, rebuilding or replacing, the Project Site, the SANParks Thesens Island Restaurant Concession Houseboats and such Project Assets shall be substantially in the same condition as prior to such damage or destruction. In the event that the extent or nature of such damage or destruction is such that it would be impossible or commercially undesirable to repair, rebuild or replace the relevant portion of the Project Site, the SANParks Thesens Island Restaurant Concession Houseboats and/or the relevant Project Assets, the Private Party shall be excused from the obligation to so repair, rebuild or replace and SANParks or the Private Party shall have the right to proceed pursuant to Clause 16 on the basis that an event of Force Majeure shall be deemed to have occurred. 6.4.4 Should SANParks and the Private Party disagree with respect to what is “commercially undesirable” in Clause 6.4.3, either Party may request the other Party to agree within 7 (seven) Business Days on an independent expert to make a determination in that regard. Should the Parties be unable to agree on the identity of such expert within 7 (seven) Business Days of the second party being so requested, such expert shall be chosen by the Chairman of the Association of Law Societies of South Africa to make such determination. The person thus chosen shall act as an expert and not as an arbitrator and the determination by such expert shall be final and binding on the Parties.

Damage to or Destruction. of the SANParks Thesens Island Restaurant Malelane Hotel Development and Project Site or Project Assets 6.4.1 After delivery of the Project Site, the SANParks Thesens Island Restaurant Malelane Hotel Development or any portion thereof and any Institution Assets delivered to the Private Party, the Project Site and any New Project Assets, Assets shall be at the sole risk of and under the care, custody and control of the Private Party. 6.4.2 Without derogating from the generality of Clause 6.4.1, the Private Party shall bear all risks and costs with regard to any weather conditions (subject to the provisions of Clause 16), including, without limitation, floods, and with regard to physical conditions or obstructions (both above-ground and subsurface and whether artificial or not), whether foreseen or unforeseen, which are encountered during the Construction Phase or at any time during the Development Period and Project Term. 6.4.3 Should the Project Site, the SANParks Thesens Island Restaurant Malelane Hotel Development or the Project Assets or any portion thereof be damaged or destroyed at any time during the Development Period or Project Term, the Private Party shall, within a reasonable period of time, at its own cost and expense, repair, rebuild or replace the same so that after such repair, rebuilding or replacing, the Project Site, the SANParks Thesens Island Restaurant Malelane Hotel Development and such Project Assets shall be substantially in the same condition as prior to such damage or destruction. In the event that the extent or nature of such damage or destruction is such that it would be impossible or commercially undesirable to repair, rebuild or replace the relevant portion of the Project Site, the SANParks Thesens Island Restaurant Malelane Hotel Development and/or the relevant Project Assets, the Private Party shall be excused from the obligation to so repair, rebuild or replace and SANParks or the Private Party shall have the right to proceed pursuant to Clause 16 on the basis that an event of Force Majeure shall be deemed to have occurred. 6.4.4 Should SANParks and the Private Party disagree with respect to what is “commercially undesirable” in Clause 6.4.3, either Party may request the other Party to agree within 7 (seven) Business Days on an independent expert to make a determination in that regard. Should the Parties be unable to agree on the identity of such expert within 7 (seven) Business Days of the second party being so requested, such expert shall be chosen by the Chairman of the Association of Law Societies of South Africa to make such determination. The person thus chosen shall act as an expert and not as an arbitrator and the determination by such expert shall be final and binding on the Parties.