Common use of Environmental Compliance and Compliance with Laws, Regulations and Standards Clause in Contracts

Environmental Compliance and Compliance with Laws, Regulations and Standards. 3.2.1 During the Project Term, the Private Party shall, and shall take all reasonable steps to ensure that its officers, employees, Contractors, sub- contractors at all levels, sub-agents, assignees, customers, invitees and patrons adhere to, abide by and comply with the Regulatory Provisions, all applicable health and safety standards, the Environmental Guidelines generally in respect of the Knysna National Lake Area and the Park as set out in Annexure V and specifically in respect of the SANParks Thesens Island Restaurant and Project Site, the EIA and any valid and enforceable directives or rules issued by the Park Manager or Head Ranger from time to time. To be valid and enforceable in terms of this PPP Agreement, directives or rules issued by the Park Manager or Head Ranger must not conflict with the letter or the spirit of the Regulatory Provisions, or the Environmental Guidelines set in Annexure V, or the Park Management plan, or the provisions of the EIA. In those instances where the Private Party believes that either the Head Ranger or the Park Manager has issued a directive or rule that is either not valid, or that impacts materially on the commercial soundness of the Project, the Private Party shall have the right of appeal within SANParks to the PPP Management Office, established by SANParks to regulate and administer this PPP and others like it in Protected Areas. The PPP Management Office will verify whether the directive or rule in question was valid, and consistent with practice elsewhere in protected areas. Pending the results of such an appeal, the Private Party shall abide by the said directive or rule. This internal process of appeal does not prejudice the rights of the Private Party to pursue its rights pursuant to Clause 19.

Environmental Compliance and Compliance with Laws, Regulations and Standards. 3.2.1 During the Development Period and the Project Term, the Private Party shall, and shall take all reasonable steps to ensure that its officers, employees, Contractors, sub- sub-contractors at all levels, sub-agents, assignees, customersguests, invitees and patrons adhere to, abide by and comply with the Regulatory Provisions, all applicable health and safety standards, the SANParks Requirements, the KNP Sustainable Design Principles and Guidelines, the Environmental Guidelines generally in respect of the Knysna Kruger National Lake Area and the Park as set out in Annexure V IV – Environmental Guidelines for Private Parties for the Construction and Operation of PPP Facilities within the Kruger National Park and specifically in respect of the SANParks Thesens Island Restaurant Malelane Hotel Development and Project Site, the EIA and any valid and enforceable directives or rules issued by the Park Manager or Head Ranger from time to time. To be valid and enforceable in terms of this PPP Agreement, directives or rules issued by the Park Manager or Head Ranger must not conflict with the letter or the spirit of the Regulatory Provisions, or the Environmental Guidelines set in Annexure VIV – Environmental Guidelines for Private Parties for the Construction and Operation of PPP Facilities within the Kruger National Park, or the Park Management plan, or plan and the provisions of the EIA. In those instances where the Private Party believes that either the Head Ranger or the Park Manager has issued a directive or rule that is either not valid, or that impacts materially on the commercial soundness of the Project, the Private Party shall have the right of appeal within SANParks to the PPP Management Office, established by SANParks to regulate and administer this PPP and others like it in Protected Areasprotected areas. The PPP Management Office will verify whether the directive or rule in question was valid, and consistent with practice elsewhere in protected areasnational parks. Pending the results of such an appeal, the Private Party shall abide by the said directive or rule. This internal process of appeal does not prejudice the rights of the Private Party to pursue its rights pursuant to Clause 19.

Environmental Compliance and Compliance with Laws, Regulations and Standards. 3.2.1 During the Development Period and the Project Term, the Private Party shall, and shall take all reasonable steps to ensure that its officers, employees, Contractors, sub- sub-contractors at all levels, sub-agents, assignees, customersguests, invitees and patrons adhere to, abide by and comply with the Regulatory Provisions, all applicable health and safety standards, the Environmental Guidelines generally in respect of the Knysna National Lake Area and the Park as set out in Annexure V and specifically in respect of the SANParks Thesens Island Restaurant Hotel and Project Site, the EIA and any valid and enforceable directives or rules issued by the Park Manager or Head Ranger from time to time. To be valid and enforceable in terms of this PPP Agreement, directives or rules issued by the Park Manager or Head Ranger must not conflict with the letter or the spirit of the Regulatory Provisions, or the Environmental Guidelines set in Annexure V, or the Park Management plan, or the provisions of the EIA. In those instances where the Private Party believes that either the Head Ranger or the Park Manager has issued a directive or rule that is either not valid, or that impacts materially on the commercial soundness of the Project, the Private Party shall have the right of appeal within SANParks to the PPP Management Office, established by SANParks to regulate and administer this PPP and others like it in Protected Areas. The PPP Management Office will verify whether the directive or rule in question was valid, and consistent with practice elsewhere in protected areas. Pending the results of such an appeal, the Private Party shall abide by the said directive or rule. This internal process of appeal does not prejudice the rights of the Private Party to pursue its rights pursuant to Clause 19.

Environmental Compliance and Compliance with Laws, Regulations and Standards. 3.2.1 During the Development Period and the Project Term, the Private Party shall, and shall take all reasonable steps to ensure that its officers, employees, Contractors, sub- sub-contractors at all levels, sub-agents, assignees, customersguests, invitees and patrons adhere to, abide by and comply with the Regulatory Provisions, all applicable health and safety standards, the Environmental Guidelines generally in respect of the Knysna National Lake Area and the Park as set out in Annexure V and specifically in respect of the SANParks Thesens Island Restaurant Concession Houseboats and Project Site, the EIA EIA, the Basic Assessment, if any, and any valid and enforceable directives or rules issued by the Park Manager or Head Ranger from time to time. To be valid and enforceable in terms of this PPP Agreement, directives or rules issued by the Park Manager or Head Ranger must not conflict with the letter or the spirit of the Regulatory Provisions, or the Environmental Guidelines set in Annexure V, or the Park Management plan, or the provisions of the EIA. In those instances where the Private Party believes that either the Head Ranger or the Park Manager has issued a directive or rule that is either not valid, or that impacts materially on the commercial soundness of the Project, the Private Party shall have the right of appeal within SANParks to the PPP Management Office, established by SANParks to regulate and administer this PPP and others like it in Protected Areas. The PPP Management Office will verify whether the directive or rule in question was valid, and consistent with practice elsewhere in protected areas. Pending the results of such an appeal, the Private Party shall abide by the said directive or rule. This internal process of appeal does not prejudice the rights of the Private Party to pursue its rights pursuant to Clause 19.