Common use of PRIVATE PARTY COVENANTS Clause in Contracts

PRIVATE PARTY COVENANTS. 8.1 Subject to the provisions of this PPP Agreement, the Private Party shall conduct and manage the Project: 8.1.1 at its own cost and risk; 8.1.2 in compliance with all applicable Regulatory Provisions and consents; 8.1.3 in compliance with all applicable health and safety standards; and 8.1.4 in accordance with Good Industry Practice. 8.2 The Private Party shall take all reasonable steps to ensure that all the Private Party Parties, employees, contractors, assignees, employees, guests, invitees and patrons visiting or working at the Restaurant Facility, adhere to, abide by and comply with: 8.2.1 all Regulatory Provisions, the Environmental Specifications in respect of the Protected Area and specifically in respect of the Restaurant Facility and the EIA; 8.2.2 the terms of this PPP Agreement; and 8.2.3 any valid and enforceable directives or rules issued by the Park Manager from time to time. In cases where the Private Party believes that 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 to appeal against such rule or directive with SANParks and/or any other person determined by SANParks, at its absolute sole discretion. SANParks and/or such other person determined by SANParks will verify whether the directive or rule in question was valid and consistent with practice elsewhere in the Park. Pending the results of such an appeal, the Private Party shall abide by the said directive or rule. 8.3 The Private Party shall be responsible for: 8.3.1 obtaining and keeping current all consents which may be required for the performance of its obligations under this PPP Agreement; 8.3.2 implementing each consent within the period of its validity in accordance with its terms; 8.3.3 undertaking, according to the terms of this PPP Agreement, all of its obligations within the time periods specified; and 8.3.4 maintaining and keeping the Restaurant Facility clean including the area of responsibility described in Schedule 1 hereto. 8.4 Without prejudice to Clauses 8.3.1 and 8.3.2, the Private Party shall obtain all necessary permits, approvals and/or licences in accordance with the Regulatory Provisions and shall comply with all conditions of any permit, approval or licence granted by any Relevant Authority and shall take all other necessary action required under the relevant Regulatory Provisions governing all facets of the conduct of the Project during the Project Term. 8.5 The Private Party shall bear all risks and costs with respect to material damage to the Restaurant Facility or the environment caused by the operation of the Restaurant Facility during the Project Term arising from any act or omission of the Private Party. 8.6 The Private Party shall take all reasonable steps in the performance of its obligations hereunder to prevent and limit the occurrence of any environmental or health hazards and to ensure the health and safety of staff, guests, invitees and patrons. 8.7 The Private Party shall, upon the written request of SANParks, and at no cost to SANParks, make available at all times documents which are or were required or brought into existence by the Private Party or supplied to the Private Party from other parties to the Associated Agreements for the purposes of operating the Restaurant Facility, or which the Private Party is required to prepare in terms of this PPP Agreement. 8.8 Unless otherwise agreed in writing by SANParks, the Private Party and other parties to the Associated Agreements shall have no interest in nor receive remuneration in connection with the Restaurant Facility except as provided for in the PPP Agreement or the Associated Agreements. 8.9 At the end of the Project Term or at such earlier time as may be provided herein, the Private Party shall hand over the Restaurant Facility, and all Sale Assets, subject to the provisions of Clause 18, and its rights or interest in the Restaurant Facility to SANParks free of charges, liens, claims or encumbrances of any kind whatsoever, and free of any liabilities, in good condition, fair wear and tear excepted, in accordance with the standards set out in SANParks’ Operational Requirements (as certified by SANParks). The Private Party shall not, other than as provided for in Clauses 24, 25 and 26 of this PPP Agreement, be entitled to payment of any compensation in connection therewith.

PRIVATE PARTY COVENANTS. 8.1 Subject to the provisions of this PPP Agreement, the Private Party shall conduct and manage the Project: 8.1.1 at its own cost and risk; 8.1.2 in compliance with all applicable Laws, Regulatory Provisions and consentsthe Consents; 8.1.3 in compliance with all applicable health and safety standards; and 8.1.4 in accordance with Good Industry Practice. 8.2 The Private Party shall take all reasonable steps to ensure that all the Private Party Parties, employees, contractors, assignees, employees, guests, invitees and patrons Parties visiting or working at the Restaurant AENP Xxxx Braai Facility, adhere to, abide by and comply with: 8.2.1 all Regulatory Provisions, the Environmental Specifications in respect of the Protected Area and specifically in respect of the Restaurant AENP Xxxx Braai Facility and the EIA; 8.2.2 the terms of this PPP Agreement; and 8.2.3 any valid and enforceable directives or rules issued by the Park Manager from time to time. In cases where the Private Party believes that 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 to appeal against such rule or directive with SANParks and/or any other person determined by SANParks, at in its sole and absolute sole discretion. SANParks and/or such other person determined by SANParks will will, within a reasonable time following receipt of the Private Party’s appeal, verify whether the directive or rule in question was valid and consistent with practice elsewhere in the Park. Pending the results of such an appeal, the Private Party shall abide by the said directive or rule. 8.3 The Private Party shall be responsible for: 8.3.1 obtaining and keeping current all consents the Consents which may be required for the performance of its obligations under this PPP Agreement; 8.3.2 implementing each consent within the period of its validity in accordance with its terms; 8.3.3 undertaking, according to the terms of this PPP Agreement, all of its obligations within the time periods specified; and 8.3.4 maintaining and keeping the Restaurant Facility open safari vehicles and the Xxxx Site clean including the area of responsibility described in Schedule 1 hereto. 8.4 Without prejudice to Clauses 8.3.1 and 8.3.2, the Private Party shall obtain all necessary permits, approvals and/or licences in accordance with the Regulatory Provisions and shall comply with all conditions of any permit, approval or licence granted by any Relevant Authority and shall take all other necessary action required under the relevant Regulatory Provisions governing all facets of the conduct of the Project during the Project Term. 8.5 The Private Party shall bear all risks and costs with respect to material damage to the Restaurant AENP Xxxx Braai Facility or the environment caused by the operation of the Restaurant AENP Xxxx Braai Facility during the Project Term arising from any act or whatsoever, including an omission of by the Private Party. 8.6 The Private Party shall take all reasonable steps in the performance of its obligations hereunder to prevent and limit the occurrence of any environmental Environmental or health hazards and to ensure the health and safety of staff, guests, invitees and patronsthe Private Party Parties. 8.7 The Private Party shall, upon the written request of SANParks, and at no cost to SANParks, make available at all times documents which are or were required or brought into existence by the Private Party or supplied to the Private Party from other parties to the Associated Agreements for the purposes of operating the Restaurant Facility, or which the Private Party is required to prepare in terms of this PPP Agreement. 8.8 Unless otherwise agreed in writing by SANParksXXXXxxxx, the Private Party and other parties to the Associated Agreements shall have no interest in nor receive remuneration in connection with the Restaurant Xxxx Braai Facility except as provided for in the PPP Agreement or the Associated Agreements. 8.9 At the end of the Project Term or at such earlier time as may be provided herein, the Private Party shall hand over the Restaurant Facility, and all Sale Assets, subject to the provisions of Clause 18, and its rights or interest in the Restaurant Facility to SANParks free of charges, liens, claims or encumbrances of any kind whatsoever, and free of any liabilities, in good condition, fair wear and tear excepted, in accordance with the standards set out in SANParks’ Operational Requirements (as certified by SANParks). The Private Party shall not, other than as provided for in Clauses 24, 25 and 26 of this PPP Agreement, be entitled to payment of any compensation in connection therewith.

PRIVATE PARTY COVENANTS. 8.1 Subject to the provisions of this PPP Agreement, the Private Party shall conduct and manage the Project: 8.1.1 at its own cost and risk; 8.1.2 in compliance with all applicable Regulatory Provisions and consents; 8.1.3 in compliance with all applicable health and safety standards; and; 8.1.4 in accordance with Good Industry Practice; and 8.1.5 in accordance with SANParks tourism programme for the Protected Area. 8.2 The Private Party shall take all reasonable steps to ensure that all the Private Party Parties, employees, contractors, assignees, employees, guests, invitees and patrons Parties visiting or working at the Restaurant FacilityEstate, adhere to, abide by and comply with: 8.2.1 all Regulatory Provisions, the Environmental Specifications in respect of the Protected Area and specifically in respect of the Restaurant Facility and the EIAEstate; 8.2.2 the terms of this PPP Agreement; and 8.2.3 any valid and enforceable directives or rules issued by the Park Manager from time to time. In cases where the Private Party believes that 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 to appeal against such rule or directive with SANParks and/or any other person determined by SANParks, at its absolute sole discretion. SANParks and/or such other person determined by SANParks will verify whether the directive or rule in question was valid and consistent with practice elsewhere in the ParkProtected Area. Pending the results of such an appeal, the Private Party shall abide by the said directive or rule. 8.3 The Private Party shall be responsible for: 8.3.1 obtaining and keeping current all consents which may be required for the performance of its obligations under this PPP Agreement; 8.3.2 implementing each consent within the period of its validity in accordance with its terms; 8.3.3 undertaking, according to the terms of this PPP Agreement, all of its obligations within the time periods specified; and 8.3.4 maintaining and keeping the Restaurant Facility Estate clean including the area of responsibility described in Schedule Annexure 1 hereto. 8.4 Without prejudice to Clauses 8.3.1 and 8.3.2, the Private Party shall obtain all necessary permits, approvals and/or licences in accordance with the Regulatory Provisions and shall comply with all conditions of any permit, approval or licence granted by any Relevant Authority and shall take all other necessary action required under the relevant Regulatory Provisions governing all facets of the conduct of the Project during the Project Term. 8.5 The Private Party shall bear all risks and costs with respect to material damage to the Restaurant Facility Estate or the environment caused by the operation of the Restaurant Facility Estate during the Project Term arising from any act or omission of the Private Party. 8.6 The Private Party shall take all reasonable steps in the performance of its obligations hereunder to prevent and limit the occurrence of any environmental or health hazards and to ensure the health and safety of staff, guests, invitees and patrons. 8.7 The Private Party shall, upon the written request of SANParks, and at no cost to SANParks, make available at all times documents which are or were required or brought into existence by the Private Party or supplied to the Private Party from other parties to the Associated Agreements for the purposes of operating the Restaurant FacilityEstate, or which the Private Party is required to prepare in terms of this PPP Agreement. 8.8 Unless otherwise agreed in writing by SANParks, the Private Party and other parties to the Associated Agreements shall have no interest in nor receive remuneration in connection with the Restaurant Facility Estate except as provided for in the PPP Agreement or the Associated Agreements. 8.9 At the end of the Project Term or at such earlier time as may be provided herein, the Private Party shall hand over the Restaurant Facility, and all Sale Assets, subject to the provisions of Clause 18, Estate and its rights or interest in the Restaurant Facility Estate to SANParks free of charges, liens, claims or encumbrances of any kind whatsoever, and free of any liabilities, in good condition, fair wear and tear excepted, in accordance with the standards set out in SANParks’ Operational Requirements (as certified by SANParks). The Private Party shall not, other than as provided for in Clauses 24, 25 and 26 of this PPP Agreement, not be entitled to payment of any compensation in connection therewith.

PRIVATE PARTY COVENANTS. 8.1 Subject to the provisions of this PPP Agreement, the Private Party shall conduct and manage the Project: 8.1.1 at its own cost and risk; 8.1.2 in compliance with all applicable Laws, Regulatory Provisions and consentsthe Consents; 8.1.3 in compliance with all applicable health and safety standards; and 8.1.4 in accordance with Good Industry Practice. 8.2 The Private Party shall take all reasonable steps to ensure that all the Private Party Parties, employees, contractors, assignees, employees, guests, invitees and patrons Parties visiting or working at the Restaurant Boulders Retail Facility, adhere to, abide by and comply with: 8.2.1 all Regulatory Provisions, the Environmental Specifications in respect of the Protected Area and specifically in respect of the Restaurant Boulders Retail Facility and the EIA; 8.2.2 the terms of this PPP Agreement; and 8.2.3 any valid and enforceable directives or rules issued by the Park Manager from time to time. In cases where the Private Party believes that 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 to appeal against such rule or directive with SANParks and/or any other person determined by SANParks, at in its sole and absolute sole discretion. SANParks and/or such other person determined by SANParks will verify whether the directive or rule in question was valid and consistent with practice elsewhere in the Park. Pending the results of such an appeal, the Private Party shall abide by the said directive or rule. 8.3 The Private Party shall be responsible for: 8.3.1 obtaining and keeping current all consents the Consents which may be required for the performance of its obligations under this PPP Agreement; 8.3.2 implementing each consent within the period of its validity in accordance with its terms; 8.3.3 undertaking, according to the terms of this PPP Agreement, all of its obligations within the time periods specified; and 8.3.4 maintaining and keeping the Restaurant Boulders Retail Facility clean including the area of responsibility described in Schedule 1 hereto. 8.4 Without prejudice to Clauses 8.3.1 and 8.3.2, the Private Party shall obtain all necessary permits, approvals and/or licences in accordance with the Regulatory Provisions and shall comply with all conditions of any permit, approval or licence granted by any Relevant Authority and shall take all other necessary action required under the relevant Regulatory Provisions governing all facets of the conduct of the Project during the Project Term. 8.5 The Private Party shall bear all risks and costs with respect to material damage to the Restaurant Boulders Retail Facility or the environment caused by the operation of the Restaurant Boulders Retail Facility during the Project Term arising from any act or whatsoever, including an omission of by the Private Party. 8.6 The Private Party shall take all reasonable steps in the performance of its obligations hereunder to prevent and limit the occurrence of any environmental Environmental or health hazards and to ensure the health and safety of staff, guests, invitees and patronsthe Private Party Parties. 8.7 The Private Party shall, upon the written request of SANParks, and at no cost to SANParks, make available at all times documents which are or were required or brought into existence by the Private Party or supplied to the Private Party from other parties to the Associated Agreements for the purposes of operating the Restaurant Facility, or which the Private Party is required to prepare in terms of this PPP Agreement. 8.8 Unless otherwise agreed in writing by SANParks, the Private Party and other parties to the Associated Agreements shall have no interest in nor receive remuneration in connection with the Restaurant Boulders Retail Facility except as provided for in the PPP Agreement or the Associated Agreements. 8.9 At the end of the Project Term or at such earlier time as may be provided herein, the Private Party shall hand over the Restaurant Facility, and all Sale Assets, subject to the provisions of Clause 18, and its rights or interest in the Restaurant Facility to SANParks free of charges, liens, claims or encumbrances of any kind whatsoever, and free of any liabilities, in good condition, fair wear and tear excepted, in accordance with the standards set out in SANParks’ Operational Requirements (as certified by SANParks). The Private Party shall not, other than as provided for in Clauses 24, 25 and 26 of this PPP Agreement, be entitled to payment of any compensation in connection therewith.

PRIVATE PARTY COVENANTS. 8.1 Subject to the provisions of this PPP Agreement, the Private Party shall conduct and manage the Project: 8.1.1 at its own cost and risk; 8.1.2 in compliance with all applicable Laws, Regulatory Provisions and consentsthe Consents; 8.1.3 in compliance with all applicable health and safety standards; and 8.1.4 in accordance with Good Industry Practice. 8.2 The Private Party shall take all reasonable steps to ensure that all the Private Party Parties, employees, contractors, assignees, employees, guests, invitees and patrons Parties visiting or working at the Restaurant Facility, adhere to, abide by and comply with: 8.2.1 all Regulatory Provisions, the Environmental Specifications in respect of the Protected Area and specifically in respect of the Restaurant Facility and the EIA; 8.2.2 the terms of this PPP Agreement; and 8.2.3 any valid and enforceable directives or rules issued by the Park Manager from time to time. In cases where the Private Party believes that 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 to appeal against such rule or directive with SANParks and/or any other person determined by SANParks, at in its sole and absolute sole discretion. SANParks and/or such other person determined by SANParks will verify whether the directive or rule in question was valid and consistent with practice elsewhere in the Park. Pending the results of such an appeal, the Private Party shall abide by the said directive or rule. 8.3 The Private Party shall be responsible for: 8.3.1 obtaining and keeping current all consents the Consents which may be required for the performance of its obligations under this PPP Agreement; 8.3.2 implementing each consent within the period of its validity in accordance with its terms; 8.3.3 undertaking, according to the terms of this PPP Agreement, all of its obligations within the time periods specified; and 8.3.4 maintaining and keeping the Restaurant Facility clean including the area of responsibility described in Schedule 1 hereto. 8.4 Without prejudice to Clauses 8.3.1 and 8.3.2, the Private Party shall obtain all necessary permits, approvals and/or licences in accordance with the Regulatory Provisions and shall comply with all conditions of any permit, approval or licence granted by any Relevant Authority and shall take all other necessary action required under the relevant Regulatory Provisions governing all facets of the conduct of the Project during the Project Term. 8.5 The Private Party shall bear all risks and costs with respect to material damage to the Restaurant Facility or the environment caused by the operation of the Restaurant Facility during the Project Term arising from any act or whatsoever, including an omission of by the Private Party. 8.6 The Private Party shall take all reasonable steps in the performance of its obligations hereunder to prevent and limit the occurrence of any environmental Environmental or health hazards and to ensure the health and safety of staff, guests, invitees and patronsthe Private Party Parties. 8.7 The Private Party shall, upon the written request of SANParks, and at no cost to SANParks, make available at all times documents which are or were required or brought into existence by the Private Party or supplied to the Private Party from other parties to the Associated Agreements for the purposes of operating the Restaurant Facility, or which the Private Party is required to prepare in terms of this PPP Agreement. 8.8 Unless otherwise agreed in writing by SANParks, the Private Party and other parties to the Associated Agreements shall have no interest in nor receive remuneration in connection with the Restaurant Facility except as provided for in the PPP Agreement or the Associated Agreements. 8.9 At the end of the Project Term or at such earlier time as may be provided herein, the Private Party shall hand over the Restaurant Facility, and all Sale Assets, subject to the provisions of Clause 18, and its rights or interest in the Restaurant Facility to SANParks free of charges, liens, claims or encumbrances of any kind whatsoever, and free of any liabilities, in good condition, fair wear and tear excepted, in accordance with the standards set out in SANParks’ Operational Requirements (as certified by SANParks). The Private Party shall not, other than as provided for in Clauses 24, 25 and 26 of this PPP Agreement, be entitled to payment of any compensation in connection therewith.

PRIVATE PARTY COVENANTS. 8.1 Subject to the provisions of this PPP Agreement, the Private Party shall conduct and manage the Project: 8.1.1 at its own cost and risk; 8.1.2 in compliance with all applicable Laws, Regulatory Provisions and consentsthe Consents; 8.1.3 in compliance with all applicable health and safety standards; and 8.1.4 in accordance with Good Industry Practice. 8.2 The Private Party shall take all reasonable steps to ensure that all the Private Party Parties, employees, contractors, assignees, employees, guests, invitees and patrons Parties visiting or working at the Restaurant Phabeni Gate Xxxx Braai Facility, adhere to, abide by and comply with: 8.2.1 all Regulatory Provisions, the Environmental Specifications in respect of the Protected Area and specifically in respect of the Restaurant Phabeni Gate Xxxx Braai Facility and the EIA; 8.2.2 the terms of this PPP Agreement; and 8.2.3 any valid and enforceable directives or rules issued by the Park Manager from time to time. In cases where the Private Party believes that 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 to appeal against such rule or directive with SANParks and/or any other person determined by SANParks, at in its sole and absolute sole discretion. SANParks and/or such other person determined by SANParks will will, within a reasonable time following receipt of the Private Party’s appeal, verify whether the directive or rule in question was valid and consistent with practice elsewhere in the Park. Pending the results of such an appeal, the Private Party shall abide by the said directive or rule. 8.3 The Private Party shall be responsible for: 8.3.1 obtaining and keeping current all consents the Consents which may be required for the performance of its obligations under this PPP Agreement; 8.3.2 implementing each consent within the period of its validity in accordance with its terms; 8.3.3 undertaking, according to the terms of this PPP Agreement, all of its obligations within the time periods specified; and 8.3.4 maintaining and keeping the Restaurant Open Safari Vehicles and the Phabeni Gate Xxxx Braai Facility clean including the area of responsibility described in Schedule 1 hereto. 8.4 Without prejudice to Clauses 8.3.1 and 8.3.2, the Private Party shall obtain all necessary permits, approvals and/or licences in accordance with the Regulatory Provisions and shall comply with all conditions of any permit, approval or licence granted by any Relevant Authority and shall take all other necessary action required under the relevant Regulatory Provisions governing all facets of the conduct of the Project during the Project Term. 8.5 The Private Party shall bear all risks and costs with respect to material damage to the Restaurant Phabeni Gate Xxxx Braai Facility or the environment caused by the operation of the Restaurant Phabeni Gate Xxxx Braai Facility during the Project Term arising from any act or whatsoever, including an omission of by the Private Party. 8.6 The Private Party shall take all reasonable steps in the performance of its obligations hereunder to prevent and limit the occurrence of any environmental Environmental or health hazards and to ensure the health and safety of staff, guests, invitees and patronsthe Private Party Parties. 8.7 The Private Party shall, upon the written request of SANParks, and at no cost to SANParks, make available at all times documents which are or were required or brought into existence by the Private Party or supplied to the Private Party from other parties to the Associated Agreements for the purposes of operating the Restaurant Facility, or which the Private Party is required to prepare in terms of this PPP Agreement. 8.8 Unless otherwise agreed in writing by SANParks, the Private Party and other parties to the Associated Agreements shall have no interest in nor receive remuneration in connection with the Restaurant Phabeni Gate Xxxx Braai Facility except as provided for in the PPP Agreement or the Associated Agreements. 8.9 At the end of the Project Term or at such earlier time as may be provided herein, the Private Party shall hand over the Restaurant Facility, and all Sale Assets, subject to the provisions of Clause 18, and its rights or interest in the Restaurant Facility to SANParks free of charges, liens, claims or encumbrances of any kind whatsoever, and free of any liabilities, in good condition, fair wear and tear excepted, in accordance with the standards set out in SANParks’ Operational Requirements (as certified by SANParks). The Private Party shall not, other than as provided for in Clauses 24, 25 and 26 of this PPP Agreement, be entitled to payment of any compensation in connection therewith.

PRIVATE PARTY COVENANTS. 8.1 Subject to the provisions of this PPP Agreement, the Private Party shall conduct and manage the Project: 8.1.1 at its own cost and risk; 8.1.2 in compliance with all applicable Laws, Regulatory Provisions and consentsthe Consents; 8.1.3 in compliance with all applicable health and safety standards; and 8.1.4 in accordance with Good Industry Practice. 8.2 The Private Party shall take all reasonable steps to ensure that all the Private Party Parties, employees, contractors, assignees, employees, guests, invitees and patrons Parties visiting or working at the Restaurant FacilityMobile Tented Safari Facilities, adhere to, abide by and comply with: 8.2.1 all Regulatory Provisions, the Environmental Specifications in respect of the Protected Area and specifically in respect of the Restaurant Facility Mobile Tented Safari Facilities and the EIA; 8.2.2 the terms of this PPP Agreement; and 8.2.3 any valid and enforceable directives or rules issued by the Park Manager from time to time. In cases where the Private Party believes that 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 to appeal against such rule or directive with SANParks and/or any other person determined by SANParks, at its absolute sole discretion. SANParks and/or such other person determined by SANParks will verify whether the directive or rule in question was valid and consistent with practice elsewhere in the Park. Pending the results of such an appeal, the Private Party shall abide by the said directive or rule. 8.3 The Private Party shall be responsible for: 8.3.1 obtaining and keeping current all consents the Consents which may be required for the performance of its obligations under this PPP Agreement; 8.3.2 implementing each consent within the period of its validity in accordance with its terms; 8.3.3 undertaking, according to the terms of this PPP Agreement, all of its obligations within the time periods specified; and 8.3.4 maintaining and keeping the Restaurant Facility Mobile Tented Safari Facilities clean including the area of responsibility described in Schedule 1 hereto. 8.4 Without prejudice to Clauses 8.3.1 and 8.3.2, the Private Party shall obtain all necessary permits, approvals and/or licences in accordance with the Regulatory Provisions and shall comply with all conditions of any permit, approval or licence granted by any Relevant Authority and shall take all other necessary action required under the relevant Regulatory Provisions governing all facets of the conduct of the Project during the Project Term. 8.5 The Private Party shall bear all risks and costs with respect to material damage to the Restaurant Facility Mobile Tented Safari Facilities or the environment caused by the operation of the Restaurant Facility Mobile Tented Safari Facilities during the Project Term arising from any act or whatsoever, including an omission of by the Private Party. 8.6 The Private Party shall take all reasonable steps in the performance of its obligations hereunder to prevent and limit the occurrence of any environmental Environmental or health hazards and to ensure the health and safety of staff, guests, invitees and patronsthe Private Party Parties. 8.7 The Private Party shall, upon the written request of SANParks, and at no cost to SANParks, make available at all times documents which are or were required or brought into existence by the Private Party or supplied to the Private Party from other parties to the Associated Agreements for the purposes of operating the Restaurant Facility, or which the Private Party is required to prepare in terms of this PPP Agreement. 8.8 Unless otherwise agreed in writing by SANParks, the Private Party and other parties to the Associated Agreements shall have no interest in nor receive remuneration in connection with the Restaurant Facility Mobile Tented Safari Facilities except as provided for in the PPP Agreement or the Associated Agreements. 8.9 At the end of the Project Term or at such earlier time as may be provided herein, the Private Party shall hand over the Restaurant Facility, and all Sale Assets, subject to the provisions of Clause 18, and its rights or interest in the Restaurant Facility to SANParks free of charges, liens, claims or encumbrances of any kind whatsoever, and free of any liabilities, in good condition, fair wear and tear excepted, in accordance with the standards set out in SANParks’ Operational Requirements (as certified by SANParks). The Private Party shall not, other than as provided for in Clauses 24, 25 and 26 of this PPP Agreement, be entitled to payment of any compensation in connection therewith.

PRIVATE PARTY COVENANTS. 8.1 Subject to the provisions of this PPP Agreement, the Private Party shall conduct and manage the Project: 8.1.1 at its own cost and risk; 8.1.2 in compliance with all applicable Regulatory Provisions and consents; 8.1.3 in compliance with all applicable health and safety standards; and 8.1.4 in accordance with Good Industry Practice. 8.2 The Private Party shall take all reasonable steps to ensure that all the Private Party Parties, employees, contractors, assignees, employees, guests, invitees and patrons visiting or working at the Restaurant FacilityFacilities, adhere to, abide by and comply with: 8.2.1 all Regulatory Provisions, the Environmental Specifications in respect of the Protected Area and specifically in respect of the Restaurant Facility Facilities and the EIA; 8.2.2 the terms of this PPP Agreement; and 8.2.3 any valid and enforceable directives or rules issued by the Park Manager from time to time. In cases where the Private Party believes that 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 to appeal against such rule or directive with SANParks and/or any other person determined by SANParks, at its absolute sole discretion. SANParks and/or such other person determined by SANParks will verify whether the directive or rule in question was valid and consistent with practice elsewhere in the Park. Pending the results of such an appeal, the Private Party shall abide by the said directive or rule. 8.3 The Private Party shall be responsible for: 8.3.1 obtaining and keeping current all consents which may be required for the performance of its obligations under this PPP Agreement; 8.3.2 implementing each consent within the period of its validity in accordance with its terms; 8.3.3 undertaking, according to the terms of this PPP Agreement, all of its obligations within the time periods specified; and 8.3.4 maintaining and keeping the Restaurant Facility Facilities clean including the area of responsibility described in Schedule 1 hereto. 8.4 Without prejudice to Clauses 8.3.1 and 8.3.2, the Private Party shall obtain all necessary permits, approvals and/or licences in accordance with the Regulatory Provisions and shall comply with all conditions of any permit, approval or licence granted by any Relevant Authority and shall take all other necessary action required under the relevant Regulatory Provisions governing all facets of the conduct of the Project during the Project Term. 8.5 The Private Party shall bear all risks and costs with respect to material damage to the Restaurant Facility or the environment caused by the operation of the Restaurant Facility during the Project Term arising from any act or omission of the Private Party. 8.6 The Private Party shall take all reasonable steps in the performance of its obligations hereunder to prevent and limit the occurrence of any environmental or health hazards and to ensure the health and safety of staff, guests, invitees and patrons. 8.7 The Private Party shall, upon the written request of SANParks, and at no cost to SANParks, make available at all times documents which are or were required or brought into existence by the Private Party or supplied to the Private Party from other parties to the Associated Agreements for the purposes of operating the Restaurant Facility, or which the Private Party is required to prepare in terms of this PPP Agreement. 8.8 Unless otherwise agreed in writing by SANParks, the Private Party and other parties to the Associated Agreements shall have no interest in nor receive remuneration in connection with the Restaurant Facility except as provided for in the PPP Agreement or the Associated Agreements. 8.9 At the end of the Project Term or at such earlier time as may be provided herein, the Private Party shall hand over the Restaurant FacilityFacilities, and all Sale Assets, subject to the provisions of Clause 18, and its rights or interest in the Restaurant Facility Facilities to SANParks free of charges, liens, claims or encumbrances of any kind whatsoever, and free of any liabilities, in good condition, fair wear and tear excepted, in accordance with the standards set out in SANParks’ SANParks‟ Operational Requirements (as certified by SANParks). The Private Party shall not, other than as provided for in Clauses 24, 25 and 26 of this PPP Agreement, be entitled to payment of any compensation in connection therewith.

PRIVATE PARTY COVENANTS. 8.1 Subject to the provisions of this PPP Agreement, the Private Party shall conduct and manage the Project: 8.1.1 at its own cost and risk; 8.1.2 in compliance with all applicable Regulatory Provisions and consents; 8.1.3 in compliance with all applicable health and safety standards; and 8.1.4 in accordance with Good Industry Practice. 8.2 The Private Party shall take all reasonable steps to ensure that all the Private Party Parties, employees, contractors, assignees, employees, guests, invitees and patrons visiting or working at the Restaurant Facility, adhere to, abide by and comply with: 8.2.1 all Regulatory Provisions, the Environmental Specifications in respect of the Protected Area and specifically in respect of the Restaurant Facility and the EIA; 8.2.2 the terms of this PPP Agreement; and 8.2.3 any valid and enforceable directives or rules issued by the Park Manager from time to time. In cases where the Private Party believes that 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 to appeal against such rule or directive with SANParks and/or any other person determined by SANParks, at its absolute sole discretion. SANParks and/or such other person determined by SANParks will verify whether the directive or rule in question was valid and consistent with practice elsewhere in the Park. Pending the results of such an appeal, the Private Party shall abide by the said directive or rule. 8.3 The Private Party shall be responsible for: 8.3.1 obtaining and keeping current all consents which may be required for the performance of its obligations under this PPP Agreement; 8.3.2 implementing each consent within the period of its validity in accordance with its terms; 8.3.3 undertaking, according to the terms of this PPP Agreement, all of its obligations within the time periods specified; and 8.3.4 maintaining and keeping the Restaurant Facility clean including the area of responsibility described in Schedule 1 hereto. 8.4 Without prejudice to Clauses 8.3.1 and 8.3.2, the Private Party shall obtain all necessary permits, approvals and/or licences in accordance with the Regulatory Provisions and shall comply with all conditions of any permit, approval or licence granted by any Relevant Authority and shall take all other necessary action required under the relevant Regulatory Provisions governing all facets of the conduct of the Project during the Project Term. 8.5 The Private Party shall bear all risks and costs with respect to material damage to the Restaurant Facility or the environment caused by the operation of the Restaurant Facility during the Project Term arising from any act or omission of the Private Party. 8.6 The Private Party shall take all reasonable steps in the performance of its obligations hereunder to prevent and limit the occurrence of any environmental or health hazards and to ensure the health and safety of staff, guests, invitees and patrons. 8.7 The Private Party shall, upon the written request of SANParks, and at no cost to SANParks, make available at all times documents which are or were required or brought into existence by the Private Party or supplied to the Private Party from other parties to the Associated Agreements for the purposes of operating the Restaurant Facility, or which the Private Party is required to prepare in terms of this PPP Agreement. 8.8 Unless otherwise agreed in writing by SANParks, the Private Party and other parties to the Associated Agreements shall have no interest in nor receive remuneration in connection with the Restaurant Facility except as provided for in the PPP Agreement or the Associated Agreements. 8.9 At the end of the Project Term or at such earlier time as may be provided herein, the Private Party shall hand over the Restaurant Facility, and all Sale Assets, subject to the provisions of Clause 18, and its rights or interest in the Restaurant Facility to SANParks free of charges, liens, claims or encumbrances of any kind whatsoever, and free of any liabilities, in good condition, fair wear and tear excepted, in accordance with the standards set out in SANParks’ SANParks‟ Operational Requirements (as certified by SANParks). The Private Party shall not, other than as provided for in Clauses 24, 25 and 26 of this PPP Agreement, be entitled to payment of any compensation in connection therewith.

PRIVATE PARTY COVENANTS. 8.1 Subject to the provisions of this PPP Agreement, the Private Party shall conduct and manage the Project: 8.1.1 at its own cost and risk; 8.1.2 in compliance with all applicable Laws, Regulatory Provisions and consentsthe Consents; 8.1.3 in compliance with all applicable health and safety standards; and 8.1.4 in accordance with Good Industry Practice. 8.2 The Private Party shall take all reasonable steps to ensure that all the Private Party Parties, employees, contractors, assignees, employees, guests, invitees and patrons Parties visiting or working at the Restaurant FacilityXxxx Site , adhere to, abide by and comply with: 8.2.1 all Regulatory Provisions, the Environmental Specifications in respect of the Protected Area and specifically in respect of the Restaurant Facility Xxxx Braai Product and the EIA; 8.2.2 the terms of this PPP Agreement; and 8.2.3 any valid and enforceable directives or rules issued by the Park Manager from time to time. In cases where the Private Party believes that 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 to appeal against such rule or directive with SANParks and/or any other person determined by SANParks, at its absolute sole discretion. SANParks and/or such other person determined by SANParks will verify whether the directive or rule in question was valid and consistent with practice elsewhere in the Park. Pending the results of such an appeal, the Private Party shall abide by the said directive or rule. 8.3 The Private Party shall be responsible for: 8.3.1 obtaining and keeping current all consents the Consents which may be required for the performance of its obligations under this PPP Agreement; 8.3.2 implementing each consent within the period of its validity in accordance with its terms; 8.3.3 undertaking, according to the terms of this PPP Agreement, all of its obligations within the time periods specified; and 8.3.4 maintaining and keeping the Restaurant Facility Xxxx Site clean including the area of responsibility described in Schedule 1 hereto. 8.4 Without prejudice to Clauses 8.3.1 and 8.3.2, the Private Party shall obtain all necessary permits, approvals and/or licences in accordance with the Regulatory Provisions and shall comply with all conditions of any permit, approval or licence granted by any Relevant Authority and shall take all other necessary action required under the relevant Regulatory Provisions governing all facets of the conduct of the Project during the Project Term. 8.5 The Private Party shall bear all risks and costs with respect to material damage to the Restaurant Facility Xxxx Site or the environment caused by the operation of the Restaurant Facility Xxxx Braai Product during the Project Term arising from any act or whatsoever, including an omission of by the Private Party. 8.6 The Private Party shall take all reasonable steps in the performance of its obligations hereunder to prevent and limit the occurrence of any environmental Environmental or health hazards and to ensure the health and safety of staff, guests, invitees and patronsthe Private Party Parties. 8.7 The Private Party shall, upon the written request of SANParks, and at no cost to SANParks, make available at all times documents which are or were required or brought into existence by the Private Party or supplied to the Private Party from other parties to the Associated Agreements for the purposes of operating the Restaurant Facility, or which the Private Party is required to prepare in terms of this PPP Agreement. 8.8 Unless otherwise agreed in writing by SANParks, the Private Party and other parties to the Associated Agreements shall have no interest in nor receive remuneration in connection with the Restaurant Facility Xxxx Braai Product except as provided for in the PPP Agreement or the Associated Agreements. 8.9 At the end of the Project Term or at such earlier time as may be provided herein, the Private Party shall hand over the Restaurant Facility, and all Sale Assets, subject to the provisions of Clause 18, and its rights or interest in the Restaurant Facility to SANParks free of charges, liens, claims or encumbrances of any kind whatsoever, and free of any liabilities, in good condition, fair wear and tear excepted, in accordance with the standards set out in SANParks’ Operational Requirements (as certified by SANParks). The Private Party shall not, other than as provided for in Clauses 24, 25 and 26 of this PPP Agreement, be entitled to payment of any compensation in connection therewith.

PRIVATE PARTY COVENANTS. 8.1 Subject to the provisions of this PPP Agreement, the Private Party shall conduct and manage the Project: 8.1.1 at its own cost and risk; 8.1.2 in compliance with all applicable Regulatory Provisions and consents; 8.1.3 in compliance with all applicable health and safety standards; and 8.1.4 in accordance with Good Industry Practice. 8.2 The Private Party shall take all reasonable steps to ensure that all the Private Party Parties, employees, contractors, assignees, employees, guests, invitees and patrons visiting or working at the Restaurant FacilitySkukuza Airport, adhere to, abide by and comply with: 8.2.1 all Regulatory Provisions, the Environmental Specifications in respect of the Protected Area and specifically in respect of the Restaurant Facility and the EIASkukuza Airport; 8.2.2 in line with the terms of this PPP Agreement; and 8.2.3 any valid and enforceable directives or rules issued by the Park Manager from time to time. In cases where the Private Party believes that 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 to appeal against such rule or directive with SANParks and/or any other person determined by SANParks, at its absolute sole discretion. SANParks and/or such other person determined by SANParks will verify whether the directive or rule in question was valid and consistent with practice elsewhere in the Park. Pending the results of such an appeal, the Private Party shall abide by the said directive or rule. 8.3 The Private Party shall be responsible for: 8.3.1 obtaining and keeping current all consents which may be required for the performance of its obligations under this PPP Agreement; 8.3.2 implementing each consent within the period of its validity in accordance with its terms; 8.3.3 undertaking, according to the terms of this PPP Agreement, all of its obligations within the time periods specified; and 8.3.4 maintaining and keeping the Restaurant Facility Skukuza Airport Facilities clean including the area of responsibility described in Schedule SCHEDULE 1 - DESCRIPTION OF THE SKUKUZA AIRPORT FACILITIES hereto. 8.4 Without prejudice to Clauses 8.3.1 and 8.3.2, the Private Party shall obtain and retain all necessary permits, approvals and/or licences in accordance with the Regulatory Provisions and shall comply with all conditions of any permit, approval or licence granted by any Relevant Authority and shall take all other necessary action required under the relevant Regulatory Provisions governing all facets of the conduct of the Project during the Project Term. 8.5 The Private Party shall bear all risks and costs with respect to material damage to the Restaurant Facility Skukuza Airport or the environment caused by the operation of the Restaurant Facility Skukuza Airport during the Project Term arising from any act or omission of the Private Party. 8.6 The Private Party shall take all reasonable steps in the performance of its obligations hereunder to prevent and limit the occurrence of any environmental or health hazards and to ensure the health and safety of staff, guests, invitees and patrons. 8.7 The Private Party shall, upon the written request of SANParks, and at no cost to SANParks, make available at all times documents which are or were required or brought into existence by the Private Party or supplied to the Private Party from by other parties to the Associated Agreements for the purposes of operating the Restaurant FacilitySkukuza Airport, or which the Private Party is required to prepare in terms of this PPP Agreement. 8.8 Unless otherwise agreed in writing by SANParks, the Private Party and other parties to the Associated Agreements shall have no interest in nor receive remuneration in connection with the Restaurant Facility Skukuza Airport except as provided for in the PPP Agreement or the Associated Agreements. 8.9 At the end of the Project Term or at such earlier time as may be provided herein, the Private Party shall hand over the Restaurant FacilitySkukuza Airport, and all Sale Assets and New Project Assets, subject to the provisions of Clause 18, and its rights or interest in the Restaurant Facility Skukuza Airport, to SANParks free of charges, liens, claims or encumbrances of any kind whatsoever, and free of any liabilities, in good condition, fair wear and tear excepted, in accordance with the standards set out in SANParks’ Operational Requirements (as certified by SANParks)) and the Sale of Business. The Private Party shall not, other than as provided for in Clauses 24Clause 18, 25 in respect of the market value of the Sale Assets and 26 of this PPP AgreementNew Project Assets, be entitled to payment of any compensation in connection therewith. Market value will, in the absence of agreement, be determined on the same basis as set out in Clause 18.7 hereof.

PRIVATE PARTY COVENANTS. 8.1 Subject to the provisions of this PPP Agreement, the Private Party shall conduct and manage the Project: 8.1.1 at its own cost and risk; 8.1.2 in compliance with all applicable Laws, Regulatory Provisions and consentsthe Consents; 8.1.3 in compliance with all applicable health and safety standards; and 8.1.4 in accordance with Good Industry Practice. 8.2 The Private Party shall take all reasonable steps to ensure that all the Private Party Parties, employees, contractors, assignees, employees, guests, invitees and patrons Parties visiting or working at the Geelbek Restaurant Facilityand with related tourism activities, adhere to, abide by and comply with: 8.2.1 all Regulatory Provisions, the Environmental Specifications in respect of the Protected Area and specifically in respect of the Geelbek Restaurant Facility and with related tourism activities and the EIA; 8.2.2 the terms of this PPP Agreement; and 8.2.3 any valid and enforceable directives or rules issued by the Park Manager from time to time. In cases where the Private Party believes that 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 to appeal against such rule or directive with SANParks and/or any other person determined by SANParks, at in its sole and absolute sole discretion. SANParks and/or such other person determined by SANParks will verify whether the directive or rule in question was valid and consistent with practice elsewhere in the Park. Pending the results of such an appeal, the Private Party shall abide by the said directive or rule. 8.3 The Private Party shall be responsible for: 8.3.1 obtaining and keeping current all consents the Consents which may be required for the performance of its obligations under this PPP Agreement; 8.3.2 implementing each consent within the period of its validity in accordance with its terms; 8.3.3 undertaking, according to the terms of this PPP Agreement, all of its obligations within the time periods specified; and 8.3.4 maintaining and keeping the Geelbek Restaurant Facility and with related tourism activities clean including the area of responsibility described in Schedule 1 hereto. 8.4 Without prejudice to Clauses 8.3.1 and 8.3.2, the Private Party shall obtain all necessary permits, approvals and/or licences in accordance with the Regulatory Provisions and shall comply with all conditions of any permit, approval or licence granted by any Relevant Authority and shall take all other necessary action required under the relevant Regulatory Provisions governing all facets of the conduct of the Project during the Project Term. 8.5 The Private Party shall bear all risks and costs with respect to material damage to the Geelbek Restaurant Facility and with related tourism activities or the environment caused by the operation of the Geelbek Restaurant Facility and with related tourism activities during the Project Term arising from any act or whatsoever, including an omission of by the Private Party. 8.6 The Private Party shall take all reasonable steps in the performance of its obligations hereunder to prevent and limit the occurrence of any environmental Environmental or health hazards and to ensure the health and safety of staff, guests, invitees and patronsthe Private Party Parties. 8.7 The Private Party shall, upon the written request of SANParks, and at no cost to SANParks, make available at all times documents which are or were required or brought into existence by the Private Party or supplied to the Private Party from other parties to the Associated Agreements for the purposes of operating the Restaurant Facility, or which the Private Party is required to prepare in terms of this PPP Agreement. 8.8 Unless otherwise agreed in writing by SANParks, the Private Party and other parties to the Associated Agreements shall have no interest in nor receive remuneration in connection with the Geelbek Restaurant Facility and with related tourism activities except as provided for in the PPP Agreement or the Associated Agreements. 8.9 At the end of the Project Term or at such earlier time as may be provided herein, the Private Party shall hand over the Restaurant Facility, and all Sale Assets, subject to the provisions of Clause 18, and its rights or interest in the Restaurant Facility to SANParks free of charges, liens, claims or encumbrances of any kind whatsoever, and free of any liabilities, in good condition, fair wear and tear excepted, in accordance with the standards set out in SANParks’ Operational Requirements (as certified by SANParks). The Private Party shall not, other than as provided for in Clauses 24, 25 and 26 of this PPP Agreement, be entitled to payment of any compensation in connection therewith.

PRIVATE PARTY COVENANTS. 8.1 Subject to the provisions of this PPP Agreement, the Private Party shall conduct and manage the Project: 8.1.1 at its own cost and risk; 8.1.2 in compliance with all applicable Laws, Regulatory Provisions and consentsthe Consents; 8.1.3 in compliance with all applicable health and safety standards; and 8.1.4 in accordance with Good Industry Practice. 8.2 The Private Party shall take all reasonable steps to ensure that all the Private Party Parties, employees, contractors, assignees, employees, guests, invitees and patrons Parties visiting or working at the Restaurant FacilityNkuhlu Precinct Facility , adhere to, abide by and comply with: 8.2.1 all Regulatory Provisions, the Environmental Specifications in respect of the Protected Area and specifically in respect of the Restaurant Nkuhlu Precinct Facility and the EIA; 8.2.2 the terms of this PPP Agreement; and 8.2.3 any valid and enforceable directives or rules issued by the Park Manager from time to time. In cases where the Private Party believes that 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 to appeal against such rule or directive with SANParks and/or any other person determined by SANParks, at its absolute sole discretion. SANParks and/or such other person determined by SANParks will verify whether the directive or rule in question was valid and consistent with practice elsewhere in the Park. Pending the results of such an appeal, the Private Party shall abide by the said directive or rule. 8.3 The Private Party shall be responsible for: 8.3.1 obtaining and keeping current all consents the Consents which may be required for the performance of its obligations under this PPP Agreement; 8.3.2 implementing each consent within the period of its validity in accordance with its terms; 8.3.3 undertaking, according to the terms of this PPP Agreement, all of its obligations within the time periods specified; and 8.3.4 maintaining and keeping the Restaurant Nkuhlu Precinct Facility clean including the area of responsibility described in Schedule 1 hereto. 8.4 Without prejudice to Clauses 8.3.1 and 8.3.2, the Private Party shall obtain all necessary permits, approvals and/or licences in accordance with the Regulatory Provisions and shall comply with all conditions of any permit, approval or licence granted by any Relevant Authority and shall take all other necessary action required under the relevant Regulatory Provisions governing all facets of the conduct of the Project during the Project Term. 8.5 The Private Party shall bear all risks and costs with respect to material damage to the Restaurant Nkuhlu Precinct Facility or the environment caused by the operation of the Restaurant Nkuhlu Precinct Facility during the Project Term arising from any act or whatsoever, including an omission of by the Private Party. 8.6 The Private Party shall take all reasonable steps in the performance of its obligations hereunder to prevent and limit the occurrence of any environmental Environmental or health hazards and to ensure the health and safety of staff, guests, invitees and patronsthe Private Party Parties. 8.7 The Private Party shall, upon the written request of SANParks, and at no cost to SANParks, make available at all times documents which are or were required or brought into existence by the Private Party or supplied to the Private Party from other parties to the Associated Agreements for the purposes of operating the Restaurant Facility, or which the Private Party is required to prepare in terms of this PPP Agreement. 8.8 Unless otherwise agreed in writing by SANParks, the Private Party and other parties to the Associated Agreements shall have no interest in nor receive remuneration in connection with the Restaurant Nkuhlu Precinct Facility except as provided for in the PPP Agreement or the Associated Agreements. 8.9 At the end of the Project Term or at such earlier time as may be provided herein, the Private Party shall hand over the Restaurant Facility, and all Sale Assets, subject to the provisions of Clause 18, and its rights or interest in the Restaurant Facility to SANParks free of charges, liens, claims or encumbrances of any kind whatsoever, and free of any liabilities, in good condition, fair wear and tear excepted, in accordance with the standards set out in SANParks’ Operational Requirements (as certified by SANParks). The Private Party shall not, other than as provided for in Clauses 24, 25 and 26 of this PPP Agreement, be entitled to payment of any compensation in connection therewith.

PRIVATE PARTY COVENANTS. 8.1 Subject to the provisions of this PPP Agreement, the Private Party shall conduct and manage the ProjectXxxx Braai product: 8.1.1 at its own cost and risk; 8.1.2 in compliance with all applicable Regulatory Provisions and consents; 8.1.3 in compliance with all applicable health and safety standards; and 8.1.4 in accordance with Good Industry Practice.; 8.2 The Private Party shall take all reasonable steps to ensure that all the Private Party Parties, employees, contractors, assignees, employees, guests, invitees and patrons visiting or working at the Restaurant FacilityXxxx Braai product, adhere to, abide by and comply with: 8.2.1 all Regulatory Provisions, the Environmental Specifications in respect of the Protected Area and specifically in respect of the Restaurant Facility and amount payable by SANParks under Clause 17.1 shall accrue interest at the rate specified in Clause 27.3.3 from the date of termination to the due date for payment as specified in Clause 27.3.and the EIA; 8.2.2 the terms of this PPP Agreement; and 8.2.3 any valid and enforceable directives or rules issued by the Park Manager from time to time. In cases where the Private Party believes that 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 to appeal against such rule or directive with SANParks and/or any other person determined by SANParks, at its absolute sole discretion. SANParks and/or such other person determined by SANParks will verify whether the directive or rule in question was valid and consistent with practice elsewhere in the Park. Pending the results of such an appeal, the Private Party shall abide by the said directive or rule. 8.3 The Private Party shall be responsible for: 8.3.1 obtaining and keeping current all consents which may be required for the performance of its obligations under this PPP Agreement; 8.3.2 implementing each consent within the period of its validity in accordance with its terms; 8.3.3 undertaking, according to the terms of this PPP Agreement, all of its obligations within the time periods specified; and 8.3.4 maintaining and keeping the Restaurant Facility Xxxx Braai site clean including the area of responsibility described in Schedule 1 hereto. 8.4 Without prejudice to Clauses 8.3.1 and 8.3.2, the Private Party shall obtain all necessary permits, approvals and/or licences in accordance with the Regulatory Provisions and shall comply with all conditions of any permit, approval or licence granted by any Relevant Authority and shall take all other necessary action required under the relevant Regulatory Provisions governing all facets of the conduct of the Project during the Project Term. 8.5 The Private Party shall bear all risks and costs with respect to material damage to arising from the Restaurant Facility Xxxx Braai product or the environment caused by the operation of the Restaurant Facility Xxxx Braai product during the Project Term arising from any act or omission of the Private Party. 8.6 The Private Party shall take all reasonable steps in the performance of its obligations hereunder to prevent and limit the occurrence of any environmental or health hazards and to ensure the health and safety of staff, guests, invitees and patrons. 8.7 The Private Party shall, upon the written request of SANParks, and at no cost to SANParks, make available at all times documents which are or were required or brought into existence by the Private Party or supplied to the Private Party from other parties to the Associated Agreements for the purposes of operating the Restaurant FacilityXxxx Braai product, or which the Private Party is required to prepare in terms of this PPP Agreement. 8.8 Unless otherwise agreed in writing by SANParks, the Private Party and other parties to the Associated Agreements shall have no interest in nor receive remuneration in connection with the Restaurant Facility Xxxx Braai product except as provided for in the PPP Agreement or the Associated Agreements. 8.9 At the end of the Project Term or at such earlier time as may be provided herein, the Private Party shall hand be responsible to: 8.9.1 Hand over the Restaurant Facility, and all Sale Assets, subject to the provisions of Clause 18, Xxxx Braai business and its rights or interest in the Restaurant Facility Xxxx Braai product to SANParks free of charges, charge,liens, claims or encumbrances of any kind whatsoever, and free of any liabilities, ,in good condition, ,fair wear and tear excepted, in accordance with the standards set out in SANParks’ Operational Requirements (as certified by SANParks). ; 8.9.2 The Private Party shall not, other than as provided for in Clauses 24clause 22, 23, 24 and 25 and 26 of this PPP Agreement, be entitled to payment of any compensation in connection therewith.

PRIVATE PARTY COVENANTS. 8.1 Subject to the provisions of this PPP Agreement, the Private Party shall conduct and manage the Project: 8.1.1 at its own cost and risk; 8.1.2 in compliance with all applicable Laws, Regulatory Provisions and consentsthe Consents; 8.1.3 in compliance with all applicable health and safety standards; and 8.1.4 in accordance with Good Industry Practice. 8.2 The Private Party shall take all reasonable steps to ensure that all the Private Party Parties, employees, contractors, assignees, employees, guests, invitees and patrons Parties visiting or working at the Restaurant Spa Facility, adhere to, abide by and comply with: 8.2.1 all Regulatory Provisions, the Environmental Specifications in respect of the Protected Area and specifically in respect of the Restaurant Spa Facility and the EIA; 8.2.2 the terms of this PPP Agreement; and 8.2.3 any valid and enforceable directives or rules issued by the Park Manager from time to time. In cases where the Private Party believes that 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 to appeal against such rule or directive with SANParks and/or any other person determined by SANParks, at in its sole and absolute sole discretion. SANParks and/or such other person determined by SANParks will verify whether the directive or rule in question was valid and consistent with practice elsewhere in the Park. Pending the results of such an appeal, the Private Party shall abide by the said directive or rule. 8.3 The Private Party shall be responsible for: 8.3.1 obtaining and keeping current all consents the Consents which may be required for the performance of its obligations under this PPP Agreement; 8.3.2 implementing each consent within the period of its validity in accordance with its terms; 8.3.3 undertaking, according to the terms of this PPP Agreement, all of its obligations within the time periods specified; 8.3.4 Building a permanent spa in at least one of the main camps in the bid package and a mobile spa facility for use in some of the other camps in the bid package; and 8.3.4 8.3.5 maintaining and keeping the Restaurant Spa Facility clean including the area of responsibility described in Schedule 1 hereto. 8.4 Without prejudice to Clauses 8.3.1 and 8.3.2, the Private Party shall obtain all necessary permits, approvals and/or licences in accordance with the Regulatory Provisions and shall comply with all conditions of any permit, approval or licence granted by any Relevant Authority and shall take all other necessary action required under the relevant Regulatory Provisions governing all facets of the conduct of the Project during the Project Term. 8.5 The Private Party shall bear all risks and costs with respect to material damage to the Restaurant Spa Facility or the environment caused by the operation of the Restaurant Spa Facility during the Project Term arising from any act or whatsoever, including an omission of by the Private Party. 8.6 The Private Party shall take all reasonable steps in the performance of its obligations hereunder to prevent and limit the occurrence of any environmental Environmental or health hazards and to ensure the health and safety of staff, guests, invitees and patronsthe Private Party Parties. 8.7 The Private Party shall, upon the written request of SANParks, and at no cost to SANParks, make available at all times documents which are or were required or brought into existence by the Private Party or supplied to the Private Party from other parties to the Associated Agreements for the purposes of operating the Restaurant Facility, or which the Private Party is required to prepare in terms of this PPP Agreement. 8.8 Unless otherwise agreed in writing by SANParks, the Private Party and other parties to the Associated Agreements shall have no interest in nor receive remuneration in connection with the Restaurant Spa Facility except as provided for in the PPP Agreement or the Associated Agreements. 8.9 At the end of the Project Term or at such earlier time as may be provided herein, the Private Party shall hand over the Restaurant Facility, and all Sale Assets, subject to the provisions of Clause 18, and its rights or interest in the Restaurant Facility to SANParks free of charges, liens, claims or encumbrances of any kind whatsoever, and free of any liabilities, in good condition, fair wear and tear excepted, in accordance with the standards set out in SANParks’ Operational Requirements (as certified by SANParks). The Private Party shall not, other than as provided for in Clauses 24, 25 and 26 of this PPP Agreement, be entitled to payment of any compensation in connection therewith.

PRIVATE PARTY COVENANTS. 8.1 Subject to the provisions of this PPP Agreement, the Private Party shall conduct and manage the Project: 8.1.1 at its own cost and risk; 8.1.2 in compliance with all applicable Laws, Regulatory Provisions and consentsthe Consents; 8.1.3 in compliance with all applicable health and safety standards; and 8.1.4 in accordance with Good Industry Practice. 8.2 The Private Party shall take all reasonable steps to ensure that all the Private Party Parties, employees, contractors, assignees, employees, guests, invitees and patrons Parties visiting or working at the Restaurant Spa Facility, adhere to, abide by and comply with: 8.2.1 all Regulatory Provisions, the Environmental Specifications in respect of the Protected Area and specifically in respect of the Restaurant Spa Facility and the EIA; 8.2.2 the terms of this PPP Agreement; and 8.2.3 any valid and enforceable directives or rules issued by the Park Manager from time to time. In cases where the Private Party believes that 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 to appeal against such rule or directive with SANParks and/or any other person determined by SANParks, at in its sole and absolute sole discretion. SANParks and/or such other person determined by SANParks will verify whether the directive or rule in question was valid and consistent with practice elsewhere in the Park. Pending the results of such an appeal, the Private Party shall abide by the said directive or rule. 8.3 The Private Party shall be responsible for: 8.3.1 obtaining and keeping current all consents the Consents which may be required for the performance of its obligations under this PPP Agreement; 8.3.2 implementing each consent within the period of its validity in accordance with its terms;; and 8.3.3 undertaking, according to the terms of this PPP Agreement, all of its obligations within the time periods specified; and 8.3.4 maintaining and keeping the Restaurant Facility clean including the area of responsibility described in Schedule 1 hereto. 8.4 Without prejudice to Clauses 8.3.1 and 8.3.2, the Private Party shall obtain all necessary permits, approvals and/or licences in accordance with the Regulatory Provisions and shall comply with all conditions of any permit, approval or licence granted by any Relevant Authority and shall take all other necessary action required under the relevant Regulatory Provisions governing all facets of the conduct of the Project during the Project Term. 8.5 The Private Party shall bear all risks and costs with respect to material damage to the Restaurant Spa Facility or the environment caused by the operation of the Restaurant Spa Facility during the Project Term arising from any act or whatsoever, including an omission of by the Private Party. 8.6 The Private Party shall take all reasonable steps in the performance of its obligations hereunder to prevent and limit the occurrence of any environmental Environmental or health hazards and to ensure the health and safety of staff, guests, invitees and patronsthe Private Party Parties. 8.7 The Private Party shall, upon the written request of SANParks, and at no cost to SANParks, make available at all times documents which are or were required or brought into existence by the Private Party or supplied to the Private Party from other parties to the Associated Agreements for the purposes of operating the Restaurant Facility, or which the Private Party is required to prepare in terms of this PPP Agreement. 8.8 Unless otherwise agreed in writing by SANParksXXXXxxxx, the Private Party and other parties to the Associated Agreements shall have no interest in nor receive remuneration in connection with the Restaurant Spa Facility except as provided for in the PPP Agreement or the Associated Agreements. 8.9 At the end of the Project Term or at such earlier time as may be provided herein, the Private Party shall hand over the Restaurant Facility, and all Sale Assets, subject to the provisions of Clause 18, and its rights or interest in the Restaurant Facility to SANParks free of charges, liens, claims or encumbrances of any kind whatsoever, and free of any liabilities, in good condition, fair wear and tear excepted, in accordance with the standards set out in SANParks’ Operational Requirements (as certified by SANParks). The Private Party shall not, other than as provided for in Clauses 24, 25 and 26 of this PPP Agreement, be entitled to payment of any compensation in connection therewith.

PRIVATE PARTY COVENANTS. 8.1 Subject to the provisions of this PPP Agreement, the Private Party shall conduct and manage the Project: 8.1.1 at its own cost and risk; 8.1.2 in compliance with all applicable Laws, Regulatory Provisions and consentsthe Consents; 8.1.3 in compliance with all applicable health and safety standards; and 8.1.4 in accordance with Good Industry Practice. 8.2 The Private Party shall take all reasonable steps to ensure that all the Private Party Parties, employees, contractors, assignees, employees, guests, invitees and patrons Parties visiting or working at the Restaurant Treehouse Camp Facility, adhere to, abide by and comply with: 8.2.1 all Regulatory Provisions, the Environmental Specifications in respect of the Protected Area and specifically in respect of the Restaurant Treehouse Camp Facility and the EIA; 8.2.2 the terms of this PPP Agreement; and 8.2.3 any valid and enforceable directives or rules issued by the Park Manager from time to time. In cases where the Private Party believes that 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 to appeal against such rule or directive with SANParks and/or any other person determined by SANParks, at in its sole and absolute sole discretion. SANParks and/or such other person determined by SANParks will verify whether the directive or rule in question was valid and consistent with practice elsewhere in the Park. Pending the results of such an appeal, the Private Party shall abide by the said directive or rule. 8.3 The Private Party shall be responsible for: 8.3.1 obtaining and keeping current all consents the Consents which may be required for the performance of its obligations under this PPP Agreement; 8.3.2 implementing each consent within the period of its validity in accordance with its terms; 8.3.3 undertaking, according to the terms of this PPP Agreement, all of its obligations within the time periods specified; and 8.3.4 maintaining and keeping the Restaurant Treehouse Camp Facility clean including the area of responsibility described in Schedule 1 hereto. 8.4 Without prejudice to Clauses 8.3.1 and 8.3.2, the Private Party shall obtain all necessary permits, approvals and/or licences in accordance with the Regulatory Provisions and shall comply with all conditions of any permit, approval or licence granted by any Relevant Authority and shall take all other necessary action required under the relevant Regulatory Provisions governing all facets of the conduct of the Project during the Project Term. 8.5 The Private Party shall bear all risks and costs with respect to material damage to the Restaurant Treehouse Camp Facility or the environment caused by the operation of the Restaurant Treehouse Camp Facility during the Project Term arising from any act or whatsoever, including an omission of by the Private Party. 8.6 The Private Party shall take all reasonable steps in the performance of its obligations hereunder to prevent and limit the occurrence of any environmental Environmental or health hazards and to ensure the health and safety of staff, guests, invitees and patronsthe Private Party Parties. 8.7 The Private Party shall, upon the written request of SANParks, and at no cost to SANParks, make available at all times documents which are or were required or brought into existence by the Private Party or supplied to the Private Party from other parties to the Associated Agreements for the purposes of operating the Restaurant Facility, or which the Private Party is required to prepare in terms of this PPP Agreement. 8.8 Unless otherwise agreed in writing by SANParks, the Private Party and other parties to the Associated Agreements shall have no interest in nor receive remuneration in connection with the Restaurant Treehouse Camp Facility except as provided for in the PPP Agreement or the Associated Agreements. 8.9 At the end of the Project Term or at such earlier time as may be provided herein, the Private Party shall hand over the Restaurant Facility, and all Sale Assets, subject to the provisions of Clause 18, and its rights or interest in the Restaurant Facility to SANParks free of charges, liens, claims or encumbrances of any kind whatsoever, and free of any liabilities, in good condition, fair wear and tear excepted, in accordance with the standards set out in SANParks’ Operational Requirements (as certified by SANParks). The Private Party shall not, other than as provided for in Clauses 24, 25 and 26 of this PPP Agreement, be entitled to payment of any compensation in connection therewith.

PRIVATE PARTY COVENANTS. 8.1 Subject to the provisions of this PPP Agreement, the Private Party shall conduct and manage the Project: 8.1.1 at its own cost and risk; 8.1.2 in compliance with all applicable Regulatory Provisions and consents; 8.1.3 in compliance with all applicable health and safety standards; and 8.1.4 in accordance with Good Industry Practice. 8.2 The Private Party shall take all reasonable steps to ensure that all the Private Party Parties, employees, contractors, assignees, employees, guests, invitees and patrons visiting or working at the Restaurant FacilityKNP Fleet Workshops, adhere to, abide by and comply with: 8.2.1 all Regulatory Provisions, the Environmental Specifications in respect of the Protected Area and specifically in respect of the Restaurant Facility KNP Fleet Workshops and the EIA; 8.2.2 the terms of this PPP Agreement; and 8.2.3 any valid and enforceable directives or rules issued by the Park Manager from time to time. In cases where the Private Party believes that 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 to appeal against such rule or directive with SANParks and/or any other person determined by SANParks, at its absolute sole discretion. SANParks and/or such other person determined by SANParks will verify whether the directive or rule in question was valid and consistent with practice elsewhere in the Park. Pending the results of such an appeal, the Private Party shall abide by the said directive or rule. 8.3 The Private Party shall be responsible for: 8.3.1 obtaining and keeping current all consents which may be required for the performance of its obligations under this PPP Agreement; 8.3.2 implementing each consent within the period of its validity in accordance with its terms; 8.3.3 The optimal staffing of the workshops. However, the Private Party is to appoint all new employees in line with the contract termination date. At contract expiry SANParks will not be obliged to take over staff who were appointed after operation commencement on either (a) a permanent basis or (b) whose contract end date goes beyond the contract termination date; 8.3.4 undertaking, according to the terms of this PPP Agreement, all of its obligations within the time periods specified; and 8.3.4 8.3.5 maintaining and keeping the Restaurant Facility KNP Fleet Workshops clean including the area of responsibility described in Schedule 1 hereto. 8.4 Without prejudice to Clauses 8.3.1 and 8.3.2, the Private Party shall obtain all necessary permits, approvals and/or licences in accordance with the Regulatory Provisions and shall comply with all conditions of any permit, approval or licence granted by any Relevant Authority and shall take all other necessary action required under the relevant Regulatory Provisions governing all facets of the conduct of the Project during the Project Term. 8.5 The Private Party shall bear all risks and costs with respect to material damage to the Restaurant Facility KNP Fleet Workshops or the environment caused by the operation of the Restaurant Facility KNP Fleet Workshops during the Project Term arising from any act or omission of the Private Party. 8.6 The Private Party shall take all reasonable steps in the performance of its obligations hereunder to prevent and limit the occurrence of any environmental or health hazards and to ensure the health and safety of staff, guests, invitees and patrons. 8.7 The Private Party shall, upon the written request of SANParks, and at no cost to SANParks, make available at all times documents which are or were required or brought into existence by the Private Party or supplied to the Private Party from other parties to the Associated Agreements for the purposes of operating the Restaurant FacilityKNP Fleet Workshops, or which the Private Party is required to prepare in terms of this PPP Agreement. 8.8 Unless otherwise agreed in writing by SANParks, the Private Party and other parties to the Associated Agreements shall have no interest in nor receive remuneration in connection with the Restaurant Facility KNP Fleet Workshops except as provided for in the PPP Agreement or the Associated Agreements. 8.9 At the end of the Project Term or at such earlier time as may be provided herein, the Private Party shall hand over the Restaurant FacilityKNP Fleet Workshops, and all Sale Assets, subject to the provisions of Clause 18, and its rights or interest in the Restaurant Facility KNP Fleet Workshops to SANParks free of charges, liens, claims or encumbrances of any kind whatsoever, and free of any liabilities, in good condition, fair wear and tear excepted, in accordance with the standards set out in SANParks’ Operational Requirements (as certified by SANParks). The Private Party shall not, other than as provided for in respect of the Residual Value for structures erected by the Private Party and as provided for in Clauses 2423, 25 and 26 of this PPP Agreement, be entitled to payment of any compensation in connection therewith.

PRIVATE PARTY COVENANTS. 8.1 Subject to the provisions of this PPP Agreement, the Private Party shall conduct and manage the Project: 8.1.1 at its own cost and risk; 8.1.2 in compliance with all applicable Regulatory Provisions and consents; 8.1.3 in compliance with all applicable health and safety standards; and 8.1.4 in accordance with Good Industry Practice; and 8.1.5 in accordance with SANParks tourism programme for the Protected Area. 8.2 The Private Party shall take all reasonable steps to ensure that all the Private Party Parties, employees, contractors, assignees, employees, guests, invitees and patrons Parties visiting or working at the Restaurant FacilityAbseiling activity, adhere to, abide by and comply with: 8.2.1 all Regulatory Provisions, the Environmental Specifications in respect of the Protected Area and specifically in respect of the Restaurant Facility and the EIAAbseiling activity; 8.2.2 the terms of this PPP Agreement; and 8.2.3 any valid and enforceable directives or rules issued by the Park Manager from time to time. In cases where the Private Party believes that 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 to appeal against such rule or directive with SANParks and/or any other person determined by SANParks, at its absolute sole discretion. SANParks and/or such other person determined by SANParks will verify whether the directive or rule in question was valid and consistent with practice elsewhere in the ParkProtected Area. Pending the results of such an appeal, the Private Party shall abide by the said directive or rule. 8.3 The Private Party shall be responsible for: 8.3.1 obtaining and keeping current all consents which may be required for the performance of its obligations under this PPP Agreement; 8.3.2 implementing each consent within the period of its validity in accordance with its terms; 8.3.3 undertaking, according to the terms of this PPP Agreement, all of its obligations within the time periods specified; and 8.3.4 maintaining and keeping the Restaurant Facility Abseiling activity clean including the area of responsibility described in Schedule Annexure 1 hereto. 8.4 Without prejudice to Clauses 8.3.1 and 8.3.2, the Private Party shall obtain all necessary permits, approvals and/or licences in accordance with the Regulatory Provisions and shall comply with all conditions of any permit, approval or licence granted by any Relevant Authority and shall take all other necessary action required under the relevant Regulatory Provisions governing all facets of the conduct of the Project during the Project Term. 8.5 The Private Party shall bear all risks and costs with respect to material damage to the Restaurant Facility Abseiling activity or the environment caused by the operation of the Restaurant Facility Abseiling activity during the Project Term arising from any act or omission of the Private Party. 8.6 The Private Party shall take all reasonable steps in the performance of its obligations hereunder to prevent and limit the occurrence of any environmental or health hazards and to ensure the health and safety of staff, guests, invitees and patrons. 8.7 The Private Party shall, upon the written request of SANParks, and at no cost to SANParks, make available at all times documents which are or were required or brought into existence by the Private Party or supplied to the Private Party from other parties to the Associated Agreements for the purposes of operating the Restaurant FacilityAbseiling activity, or which the Private Party is required to prepare in terms of this PPP Agreement. 8.8 Unless otherwise agreed in writing by SANParks, the Private Party and other parties to the Associated Agreements shall have no interest in nor receive remuneration in connection with the Restaurant Facility Abseiling activity except as provided for in the PPP Agreement or the Associated Agreements. 8.9 At the end of the Project Term or at such earlier time as may be provided herein, the Private Party shall hand over the Restaurant Facility, and all Sale Assets, subject to the provisions of Clause 18, Abseiling activity and its rights or interest in the Restaurant Facility Abseiling activity to SANParks free of charges, liens, claims or encumbrances of any kind whatsoever, and free of any liabilities, in good condition, fair wear and tear excepted, in accordance with the standards set out in SANParks’ Operational Requirements (as certified by SANParks). The Private Party shall not, other than as provided for in Clauses 24, 25 and 26 of this PPP Agreement, not be entitled to payment of any compensation in connection therewith.

PRIVATE PARTY COVENANTS. 8.1 Subject to the provisions of this PPP Agreement, the Private Party shall conduct and manage the ProjectXxxx Braai Product: 8.1.1 at its own cost and risk; 8.1.2 in compliance with all applicable Regulatory Provisions and consents; 8.1.3 in compliance with all applicable health and safety standards; and 8.1.4 in accordance with Good Industry Practice.; 8.2 The Private Party shall take all reasonable steps to ensure that all the Private Party Parties, employees, contractors, assignees, employees, guests, invitees and patrons visiting or working at the Restaurant FacilityXxxx Braai Product, adhere to, abide by and comply with: 8.2.1 all Regulatory Provisions, the Environmental Specifications in respect of the Protected Area and specifically in respect of the Restaurant Facility and amount payable by SANParks under Clause 17.1 shall accrue interest at the rate specified in Clause 27.3.3 from the date of termination to the due date for payment as specified in Clause 27.3.and the EIA; 8.2.2 the terms of this PPP Agreement; and 8.2.3 any valid and enforceable directives or rules issued by the Park Manager from time to time. In cases where the Private Party believes that 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 to appeal against such rule or directive with SANParks and/or any other person determined by SANParks, at its absolute sole discretion. SANParks and/or such other person determined by SANParks will verify whether the directive or rule in question was valid and consistent with practice elsewhere in the Park. Pending the results of such an appeal, the Private Party shall abide by the said directive or rule. 8.3 The Private Party shall be responsible for: 8.3.1 obtaining and keeping current all consents which may be required for the performance of its obligations under this PPP Agreement; 8.3.2 implementing each consent within the period of its validity in accordance with its terms; 8.3.3 undertaking, according to the terms of this PPP Agreement, all of its obligations within the time periods specified; and 8.3.4 maintaining and keeping the Restaurant Facility Xxxx Site clean including the area of responsibility described in Schedule 1 hereto. 8.4 Without prejudice to Clauses 8.3.1 and 8.3.2, the Private Party shall obtain all necessary permits, approvals and/or licences in accordance with the Regulatory Provisions and shall comply with all conditions of any permit, approval or licence granted by any Relevant Authority and shall take all other necessary action required under the relevant Regulatory Provisions governing all facets of the conduct of the Project during the Project Term. 8.5 The Private Party shall bear all risks and costs with respect to material damage to arising from the Restaurant Facility Xxxx Braai Product or the environment caused by the operation of the Restaurant Facility Xxxx Braai Product during the Project Term arising from any act or omission of the Private Party. 8.6 The Private Party shall take all reasonable steps in the performance of its obligations hereunder to prevent and limit the occurrence of any environmental or health hazards and to ensure the health and safety of staff, guests, invitees and patrons. 8.7 The Private Party shall, upon the written request of SANParks, and at no cost to SANParks, make available at all times documents which are or were required or brought into existence by the Private Party or supplied to the Private Party from other parties to the Associated Agreements for the purposes of operating the Restaurant FacilityXxxx Braai Product, or which the Private Party is required to prepare in terms of this PPP Agreement. 8.8 Unless otherwise agreed in writing by SANParks, the Private Party and other parties to the Associated Agreements shall have no interest in nor receive remuneration in connection with the Restaurant Facility Xxxx Braai Product except as provided for in the PPP Agreement or the Associated Agreements. 8.9 At the end of the Project Term or at such earlier time as may be provided herein, the Private Party shall hand be responsible to: 8.9.1 Hand over the Restaurant Facility, and all Sale Assets, subject to the provisions of Clause 18, Xxxx Braai business and its rights or interest in the Restaurant Facility Xxxx Braai Product to SANParks free of charges, charge,liens, claims or encumbrances of any kind whatsoever, and free of any liabilities, ,in good condition, ,fair wear and tear excepted, in accordance with the standards set out in SANParks’ Operational Requirements (as certified by SANParks). ; 8.9.2 The Private Party shall not, other than as provided for in Clauses 24clause 22, 23, 24 and 25 and 26 of this PPP Agreement, be entitled to payment of any compensation in connection therewith.

PRIVATE PARTY COVENANTS. 8.1 Subject to the provisions of this PPP Agreement, the Private Party shall conduct and manage the Project: 8.1.1 at its own cost and risk; 8.1.2 in compliance with all applicable Laws, Regulatory Provisions and consentsthe Consents; 8.1.3 in compliance with all applicable health and safety standards; and 8.1.4 in accordance with Good Industry Practice. 8.2 The Private Party shall take all reasonable steps to ensure that all the Private Party Parties, employees, contractors, assignees, employees, guests, invitees and patrons Parties visiting or working at the Restaurant Facility, adhere to, abide by and comply with: 8.2.1 all Regulatory Provisions, the Environmental Specifications in respect of the Protected Area and specifically in respect of the Restaurant Facility and Facility.and the EIA; 8.2.2 the terms of this PPP Agreement; and 8.2.3 any valid and enforceable directives or rules issued by the Park Manager from time to time. In cases where the Private Party believes that 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 to appeal against such rule or directive with SANParks and/or any other person determined by SANParks, at in its sole and absolute sole discretion. SANParks and/or such other person determined by SANParks will will, within a reasonable time following receipt of the Private Party’s appeal, verify whether the directive or rule in question was valid and consistent with practice elsewhere in the Park. Pending the results of such an appeal, the Private Party shall abide by the said directive or rule. 8.3 The Private Party shall be responsible for: 8.3.1 obtaining and keeping current all consents the Consents which may be required for the performance of its obligations under this PPP Agreement; 8.3.2 implementing each consent within the period of its validity in accordance with its terms; 8.3.3 undertaking, according to the terms of this PPP Agreement, all of its obligations within the time periods specified; and 8.3.4 maintaining and keeping the Restaurant Facility clean Facility.clean including the area of responsibility described in Schedule 1 hereto. 8.4 Without prejudice to Clauses 8.3.1 and 8.3.2, the Private Party shall obtain all necessary permits, approvals and/or licences in accordance with the Regulatory Provisions and shall comply with all conditions of any permit, approval or licence granted by any Relevant Authority and shall take all other necessary action required under the relevant Regulatory Provisions governing all facets of the conduct of the Project during the Project Term. 8.5 The Private Party shall bear all risks and costs with respect to material damage to the Restaurant Facility Facility, or the environment caused by the operation of the Restaurant Facility during the Project Term arising from any act or whatsoever, including an omission of by the Private Party. 8.6 The Private Party shall take all reasonable steps in the performance of its obligations hereunder to prevent and limit the occurrence of any environmental Environmental or health hazards and to ensure the health and safety of staff, guests, invitees and patronsthe Private Party Parties. 8.7 The Private Party shall, upon the written request of SANParks, and at no cost to SANParks, make available at all times documents which are or were required or brought into existence by the Private Party or supplied to the Private Party from other parties to the Associated Agreements for the purposes of operating the Restaurant Facility, or which the Private Party is required to prepare in terms of this PPP Agreement. 8.8 Unless otherwise agreed in writing by SANParks, the Private Party and other parties to the Associated Agreements shall have no interest in nor receive remuneration in connection with the Restaurant Facility Facility, except as provided for in the PPP Agreement or the Associated Agreements. 8.9 At the end of the Project Term or at such earlier time as may be provided herein, the Private Party shall hand over the Restaurant Facility, and all Sale Assets, subject to the provisions of Clause 18, and its rights or interest in the Restaurant Facility to SANParks free of charges, liens, claims or encumbrances of any kind whatsoever, and free of any liabilities, in good condition, fair wear and tear excepted, in accordance with the standards set out in SANParks’ Operational Requirements (as certified by SANParks). The Private Party shall not, other than as provided for in Clauses 24, 25 and 26 of this PPP Agreement, be entitled to payment of any compensation in connection therewith.

PRIVATE PARTY COVENANTS. 8.1 Subject to the provisions of this PPP Agreement, the Private Party shall conduct and manage the Project: 8.1.1 at its own cost and risk; 8.1.2 in compliance with all applicable Laws, Regulatory Provisions and consentsthe Consents; 8.1.3 in compliance with all applicable health and safety standards; and 8.1.4 in accordance with Good Industry Practice. 8.2 The Private Party shall take all reasonable steps to ensure that all the Private Party Parties, employees, contractors, assignees, employees, guests, invitees and patrons Parties visiting or working at the Restaurant Phalaborwa Gate Xxxx Braai Facility, adhere to, abide by and comply with: 8.2.1 all Regulatory Provisions, the Environmental Specifications in respect of the Protected Area and specifically in respect of the Restaurant Phalaborwa Gate Xxxx Braai Facility and the EIA; 8.2.2 the terms of this PPP Agreement; and 8.2.3 any valid and enforceable directives or rules issued by the Park Manager from time to time. In cases where the Private Party believes that 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 to appeal against such rule or directive with SANParks and/or any other person determined by SANParks, at in its sole and absolute sole discretion. SANParks and/or such other person determined by SANParks will will, within a reasonable time following receipt of the Private Party’s appeal, verify whether the directive or rule in question was valid and consistent with practice elsewhere in the Park. Pending the results of such an appeal, the Private Party shall abide by the said directive or rule. 8.3 The Private Party shall be responsible for: 8.3.1 obtaining and keeping current all consents the Consents which may be required for the performance of its obligations under this PPP Agreement; 8.3.2 implementing each consent within the period of its validity in accordance with its terms; 8.3.3 undertaking, according to the terms of this PPP Agreement, all of its obligations within the time periods specified; and 8.3.4 maintaining and keeping the Restaurant Open Safari Vehicles and the Phalaborwa Gate Xxxx Braai Facility clean including the area of responsibility described in Schedule 1 hereto. 8.4 Without prejudice to Clauses 8.3.1 and 8.3.2, the Private Party shall obtain all necessary permits, approvals and/or licences in accordance with the Regulatory Provisions and shall comply with all conditions of any permit, approval or licence granted by any Relevant Authority and shall take all other necessary action required under the relevant Regulatory Provisions governing all facets of the conduct of the Project during the Project Term. 8.5 The Private Party shall bear all risks and costs with respect to material damage to the Restaurant Phalaborwa Gate Xxxx Braai Facility or the environment caused by the operation of the Restaurant Phalaborwa Gate Xxxx Braai Facility during the Project Term arising from any act or whatsoever, including an omission of by the Private Party. 8.6 The Private Party shall take all reasonable steps in the performance of its obligations hereunder to prevent and limit the occurrence of any environmental Environmental or health hazards and to ensure the health and safety of staff, guests, invitees and patronsthe Private Party Parties. 8.7 The Private Party shall, upon the written request of SANParks, and at no cost to SANParks, make available at all times documents which are or were required or brought into existence by the Private Party or supplied to the Private Party from other parties to the Associated Agreements for the purposes of operating the Restaurant Facility, or which the Private Party is required to prepare in terms of this PPP Agreement. 8.8 Unless otherwise agreed in writing by SANParks, the Private Party and other parties to the Associated Agreements shall have no interest in nor receive remuneration in connection with the Restaurant Phalaborwa Gate Xxxx Braai Facility except as provided for in the PPP Agreement or the Associated Agreements. 8.9 At the end of the Project Term or at such earlier time as may be provided herein, the Private Party shall hand over the Restaurant Facility, and all Sale Assets, subject to the provisions of Clause 18, and its rights or interest in the Restaurant Facility to SANParks free of charges, liens, claims or encumbrances of any kind whatsoever, and free of any liabilities, in good condition, fair wear and tear excepted, in accordance with the standards set out in SANParks’ Operational Requirements (as certified by SANParks). The Private Party shall not, other than as provided for in Clauses 24, 25 and 26 of this PPP Agreement, be entitled to payment of any compensation in connection therewith.

PRIVATE PARTY COVENANTS. 8.1 Subject to the provisions of this PPP Agreement, the Private Party shall conduct and manage the Project: 8.1.1 at its own cost and risk; 8.1.2 in compliance with all applicable Laws, Regulatory Provisions and consentsthe Consents; 8.1.3 in compliance with all applicable health and safety standards; and 8.1.4 in accordance with Good Industry Practice. 8.2 The Private Party shall take all reasonable steps to ensure that all the Private Party Parties, employees, contractors, assignees, employees, guests, invitees and patrons Parties visiting or working at the Restaurant FacilityPhabeni Education Centre, adhere to, abide by and comply with: 8.2.1 all Regulatory Provisions, the Environmental Specifications in respect of the Protected Area and specifically in respect of the Restaurant Facility Phabeni Education Centre and the EIA; 8.2.2 the terms of this PPP Agreement; and 8.2.3 any valid and enforceable directives or rules issued by the Park Manager from time to time. In cases where the Private Party believes that 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 to appeal against such rule or directive with SANParks and/or any other person determined by SANParks, at in its sole and absolute sole discretion. SANParks and/or such other person determined by SANParks will verify whether the directive or rule in question was valid and consistent with practice elsewhere in the Park. Pending the results of such an appeal, the Private Party shall abide by the said directive or rule. 8.3 The Private Party shall be responsible for: 8.3.1 obtaining and keeping current all consents the Consents which may be required for the performance of its obligations under this PPP Agreement; 8.3.2 implementing each consent within the period of its validity in accordance with its terms; 8.3.3 undertaking, according to the terms of this PPP Agreement, all of its obligations within the time periods specified; and 8.3.4 maintaining and keeping the Restaurant Facility Phabeni Education Centre clean including the area of responsibility described in Schedule 1 hereto. 8.4 Without prejudice to Clauses 8.3.1 and 8.3.2, the Private Party shall obtain all necessary permits, approvals and/or licences in accordance with the Regulatory Provisions and shall comply with all conditions of any permit, approval or licence granted by any Relevant Authority and shall take all other necessary action required under the relevant Regulatory Provisions governing all facets of the conduct of the Project during the Project Term. 8.5 The Private Party shall bear all risks and costs with respect to material damage to the Restaurant Facility Phabeni Education Centre or the environment caused by the operation of the Restaurant Facility Phabeni Education Centre during the Project Term arising from any act or whatsoever, including an omission of by the Private Party. 8.6 The Private Party shall take all reasonable steps in the performance of its obligations hereunder to prevent and limit the occurrence of any environmental Environmental or health hazards and to ensure the health and safety of staff, guests, invitees and patronsthe Private Party Parties. 8.7 The Private Party shall, upon the written request of SANParks, and at no cost to SANParks, make available at all times documents which are or were required or brought into existence by the Private Party or supplied to the Private Party from other parties to the Associated Agreements for the purposes of operating the Restaurant Facility, or which the Private Party is required to prepare in terms of this PPP Agreement. 8.8 Unless otherwise agreed in writing by SANParks, the Private Party and other parties to the Associated Agreements shall have no interest in nor receive remuneration in connection with the Restaurant Facility Phabeni Education Centre except as provided for in the PPP Agreement or the Associated Agreements. 8.9 At the end of the Project Term or at such earlier time as may be provided herein, the Private Party shall hand over the Restaurant Facility, and all Sale Assets, subject to the provisions of Clause 18, and its rights or interest in the Restaurant Facility to SANParks free of charges, liens, claims or encumbrances of any kind whatsoever, and free of any liabilities, in good condition, fair wear and tear excepted, in accordance with the standards set out in SANParks’ Operational Requirements (as certified by SANParks). The Private Party shall not, other than as provided for in Clauses 24, 25 and 26 of this PPP Agreement, be entitled to payment of any compensation in connection therewith.

PRIVATE PARTY COVENANTS. 8.1 Subject to the provisions of this PPP Agreement, the Private Party shall conduct and manage the Project: 8.1.1 at its own cost and risk; 8.1.2 in compliance with all applicable Laws, Regulatory Provisions and consentsthe Consents; 8.1.3 in compliance with all applicable health and safety standards; and 8.1.4 in accordance with Good Industry Practice. 8.2 The Private Party shall take all reasonable steps to ensure that all the Private Party Parties, employees, contractors, assignees, employees, guests, invitees and patrons Parties visiting or working at the Restaurant Spa Facility, adhere to, abide by and comply with: 8.2.1 all Regulatory Provisions, the Environmental Specifications in respect of the Protected Area and specifically in respect of the Restaurant Spa Facility and the EIA; 8.2.2 the terms of this PPP Agreement; and 8.2.3 any valid and enforceable directives or rules issued by the Park Manager from time to time. In cases where the Private Party believes that 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 to appeal against such rule or directive with SANParks and/or any other person determined by SANParks, at in its sole and absolute sole discretion. SANParks and/or such other person determined by SANParks will will, within a reasonable time following receipt of the Private Party’s appeal, verify whether the directive or rule in question was valid and consistent with practice elsewhere in the Park. Pending the results of such an appeal, the Private Party shall abide by the said directive or rule. 8.3 The Private Party shall be responsible for: 8.3.1 obtaining and keeping current all consents the Consents which may be required for the performance of its obligations under this PPP Agreement; 8.3.2 implementing each consent within the period of its validity in accordance with its terms; 8.3.3 undertaking, according to the terms of this PPP Agreement, all of its obligations within the time periods specified; and 8.3.4 maintaining and keeping the Restaurant Facility clean Spa Facility.clean including the area of responsibility described in Schedule 1 hereto. 8.4 Without prejudice to Clauses 8.3.1 and 8.3.2, the Private Party shall obtain all necessary permits, approvals and/or licences in accordance with the Regulatory Provisions and shall comply with all conditions of any permit, approval or licence granted by any Relevant Authority and shall take all other necessary action required under the relevant Regulatory Provisions governing all facets of the conduct of the Project during the Project Term. 8.5 The Private Party shall bear all risks and costs with respect to material damage to the Restaurant Facility Spa Facility, or the environment caused by the operation of the Restaurant Spa Facility during the Project Term arising from any act or whatsoever, including an omission of by the Private Party. 8.6 The Private Party shall take all reasonable steps in the performance of its obligations hereunder to prevent and limit the occurrence of any environmental Environmental or health hazards and to ensure the health and safety of staff, guests, invitees and patronsthe Private Party Parties. 8.7 The Private Party shall, upon the written request of SANParks, and at no cost to SANParks, make available at all times documents which are or were required or brought into existence by the Private Party or supplied to the Private Party from other parties to the Associated Agreements for the purposes of operating the Restaurant Facility, or which the Private Party is required to prepare in terms of this PPP Agreement. 8.8 Unless otherwise agreed in writing by SANParksXXXXxxxx, the Private Party and other parties to the Associated Agreements shall have no interest in nor receive remuneration in connection with the Restaurant Facility Spa Facility, except as provided for in the PPP Agreement or the Associated Agreements. 8.9 At the end of the Project Term or at such earlier time as may be provided herein, the Private Party shall hand over the Restaurant Facility, and all Sale Assets, subject to the provisions of Clause 18, and its rights or interest in the Restaurant Facility to SANParks free of charges, liens, claims or encumbrances of any kind whatsoever, and free of any liabilities, in good condition, fair wear and tear excepted, in accordance with the standards set out in SANParks’ Operational Requirements (as certified by SANParks). The Private Party shall not, other than as provided for in Clauses 24, 25 and 26 of this PPP Agreement, be entitled to payment of any compensation in connection therewith.

PRIVATE PARTY COVENANTS. 8.1 Subject to the provisions of this PPP Agreement, the Private Party shall conduct and manage the Project: 8.1.1 at its own cost and risk; 8.1.2 in compliance with all applicable Regulatory Provisions and consents; 8.1.3 in compliance with all applicable health and safety standards; and 8.1.4 in accordance with Good Industry Practice. 8.2 The Private Party shall take all reasonable steps to ensure that all the Private Party Parties, employees, contractors, assignees, employees, guests, invitees and patrons visiting or working at the Restaurant FacilityRetail Facilities, adhere to, abide by and comply with: 8.2.1 all Regulatory Provisions, the Environmental Specifications in respect of the Protected Area and specifically in respect of the Restaurant Facility Retail Facilities and the EIA; 8.2.2 the terms of this PPP Agreement; and 8.2.3 any valid and enforceable directives or rules issued by the Park Manager from time to time. In cases where the Private Party believes that 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 to appeal against such rule or directive with SANParks and/or any other person determined by SANParks, at its absolute sole discretion. SANParks and/or such other person determined by SANParks will verify whether the directive or rule in question was valid and consistent with practice elsewhere in the Park. Pending the results of such an appeal, the Private Party shall abide by the said directive or rule. 8.3 The Private Party shall be responsible for: 8.3.1 obtaining and keeping current all consents which may be required for the performance of its obligations under this PPP Agreement; 8.3.2 implementing each consent within the period of its validity in accordance with its terms; 8.3.3 undertaking, according to the terms of this PPP Agreement, all of its obligations within the time periods specified; and 8.3.4 maintaining and keeping the Restaurant Facility Retail Facilities clean including the area of responsibility described in Schedule 1 hereto. 8.4 Without prejudice to Clauses 8.3.1 and 8.3.2, the Private Party shall obtain all necessary permits, approvals and/or licences in accordance with the Regulatory Provisions and shall comply with all conditions of any permit, approval or licence granted by any Relevant Authority and shall take all other necessary action required under the relevant Regulatory Provisions governing all facets of the conduct of the Project during the Project Term. 8.5 The Private Party shall bear all risks and costs with respect to material damage to the Restaurant Retail Facility or the environment caused by the operation of the Restaurant Retail Facility during the Project Term arising from any act or omission of the Private Party. 8.6 The Private Party shall take all reasonable steps in the performance of its obligations hereunder to prevent and limit the occurrence of any environmental or health hazards and to ensure the health and safety of staff, guests, invitees and patrons. 8.7 The Private Party shall, upon the written request of SANParks, and at no cost to SANParks, make available at all times documents which are or were required or brought into existence by the Private Party or supplied to the Private Party from other parties to the Associated Agreements for the purposes of operating the Restaurant Retail Facility, or which the Private Party is required to prepare in terms of this PPP Agreement. 8.8 Unless otherwise agreed in writing by SANParks, the Private Party and other parties to the Associated Agreements shall have no interest in nor receive remuneration in connection with the Restaurant Retail Facility except as provided for in the PPP Agreement or the Associated Agreements. 8.9 At the end of the Project Term or at such earlier time as may be provided herein, the Private Party shall hand over the Restaurant FacilityRetail Facilities, and all Sale Assets, subject to the provisions of Clause 18, and its rights or interest in the Restaurant Facility Retail Facilities to SANParks free of charges, liens, claims or encumbrances of any kind whatsoever, and free of any liabilities, in good condition, fair wear and tear excepted, in accordance with the standards set out in SANParks’ Operational Requirements (as certified by SANParks)) and the Sale of Business. The Private Party shall not, other than as provided for in Clauses 24, 25 and 26 of this PPP Agreement, be entitled to payment of any compensation in connection therewith.

PRIVATE PARTY COVENANTS. 8.1 Subject to the provisions of this PPP Agreement, the Private Party shall conduct and manage the Project: 8.1.1 at its own cost and risk; 8.1.2 in compliance with all applicable Regulatory Provisions and consents; 8.1.3 in compliance with all applicable health and safety standards; and 8.1.4 in accordance with Good Industry Practice. 8.2 The Private Party shall take all reasonable steps to ensure that all the Private Party Parties, employees, contractors, assignees, employees, guests, invitees and patrons visiting or working at the Restaurant FacilitySelati Precinct Facility , adhere to, abide by and comply with: 8.2.1 all Regulatory Provisions, the Environmental Specifications in respect of the Protected Area and specifically in respect of the Restaurant Selati Precinct Facility and the EIA; 8.2.2 the terms of this PPP Agreement; and 8.2.3 any valid and enforceable directives or rules issued by the Park Manager from time to time. In cases where the Private Party believes that 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 to appeal against such rule or directive with SANParks and/or any other person determined by SANParks, at its absolute sole discretion. SANParks and/or such other person determined by SANParks will verify whether the directive or rule in question was valid and consistent with practice elsewhere in the Park. Pending the results of such an appeal, the Private Party shall abide by the said directive or rule. 8.3 The Private Party shall be responsible for: 8.3.1 obtaining and keeping current all consents which may be required for the performance of its obligations under this PPP Agreement; 8.3.2 implementing each consent within the period of its validity in accordance with its terms; 8.3.3 undertaking, according to the terms of this PPP Agreement, all of its obligations within the time periods specified; and 8.3.4 maintaining and keeping the Restaurant Selati Precinct Facility clean including the area of responsibility described in Schedule 1 hereto. 8.4 Without prejudice to Clauses 8.3.1 and 8.3.2, the Private Party shall obtain all necessary permits, approvals and/or licences in accordance with the Regulatory Provisions and shall comply with all conditions of any permit, approval or licence granted by any Relevant Authority and shall take all other necessary action required under the relevant Regulatory Provisions governing all facets of the conduct of the Project during the Project Term. 8.5 The Private Party shall bear all risks and costs with respect to material damage to the Restaurant Selati Precinct Facility or the environment caused by the operation of the Restaurant Selati Precinct Facility during the Project Term arising from any act or omission of the Private Party. 8.6 The Private Party shall take all reasonable steps in the performance of its obligations hereunder to prevent and limit the occurrence of any environmental or health hazards and to ensure the health and safety of staff, guests, invitees and patrons. 8.7 The Private Party shall, upon the written request of SANParks, and at no cost to SANParks, make available at all times documents which are or were required or brought into existence by the Private Party or supplied to the Private Party from other parties to the Associated Agreements for the purposes of operating the Restaurant Selati Precinct Facility, or which the Private Party is required to prepare in terms of this PPP Agreement. 8.8 Unless otherwise agreed in writing by SANParks, the Private Party and other parties to the Associated Agreements shall have no interest in nor receive remuneration in connection with the Restaurant Selati Precinct Facility except as provided for in the PPP Agreement or the Associated Agreements. 8.9 At the end of the Project Term or at such earlier time as may be provided herein, the Private Party shall hand over the Restaurant FacilitySelati Precinct Facility , and all Sale Assets, subject to the provisions of Clause 18, and its rights or interest in the Restaurant Selati Precinct Facility to SANParks free of charges, liens, claims or encumbrances of any kind whatsoever, and free of any liabilities, in good condition, fair wear and tear excepted, in accordance with the standards set out in SANParks’ Operational Requirements (as certified by SANParks). The Private Party shall not, other than as provided for in respect of the Residual Value for structures erected by the Private Party and as provided for in Clauses 2423, 25 and 26 of this PPP Agreement, be entitled to payment of any compensation in connection therewith.

PRIVATE PARTY COVENANTS. 8.1 Subject to the provisions of this PPP Agreement, the Private Party shall conduct and manage the Project: 8.1.1 at its own cost and risk; 8.1.2 in compliance with all applicable Regulatory Provisions and consents; 8.1.3 in compliance with all applicable health and safety standards; and 8.1.4 in accordance with Good Industry Practice. 8.2 The Private Party shall take all reasonable steps to ensure that all the Private Party Parties, employees, contractors, assignees, employees, guests, invitees and patrons visiting or working at the Restaurant Facilityand Retail Facilities, adhere to, abide by and comply with: 8.2.1 all Regulatory Provisions, the Environmental Specifications in respect of the Protected Area and specifically in respect of the Restaurant Facility and Retail Facilities and the EIA; 8.2.2 the terms of this PPP Agreement; and 8.2.3 any valid and enforceable directives or rules issued by the Park Manager from time to time. In cases where the Private Party believes that 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 to appeal against such rule or directive with SANParks and/or any other person determined by SANParks, at its absolute sole discretion. SANParks and/or such other person determined by SANParks will verify whether the directive or rule in question was valid and consistent with practice elsewhere in the Park. Pending the results of such an appeal, the Private Party shall abide by the said directive or rule. 8.3 The Private Party shall be responsible for: 8.3.1 obtaining and keeping current all consents which may be required for the performance of its obligations under this PPP Agreement; 8.3.2 implementing each consent within the period of its validity in accordance with its terms; 8.3.3 undertaking, according to the terms of this PPP Agreement, all of its obligations within the time periods specified; and 8.3.4 maintaining and keeping the Restaurant Facility and Retail Facilities clean including the area of responsibility described in Schedule 1 hereto. 8.4 Without prejudice to Clauses 8.3.1 and 8.3.2, the Private Party shall obtain all necessary permits, approvals and/or licences in accordance with the Regulatory Provisions and shall comply with all conditions of any permit, approval or licence granted by any Relevant Authority and shall take all other necessary action required under the relevant Regulatory Provisions governing all facets of the conduct of the Project during the Project Term. 8.5 The Private Party shall bear all risks and costs with respect to material damage to the Restaurant and Retail Facility or the environment caused by the operation of the Restaurant and Retail Facility during the Project Term arising from any act or omission of the Private Party. 8.6 The Private Party shall take all reasonable steps in the performance of its obligations hereunder to prevent and limit the occurrence of any environmental or health hazards and to ensure the health and safety of staff, guests, invitees and patrons. 8.7 The Private Party shall, upon the written request of SANParks, and at no cost to SANParks, make available at all times documents which are or were required or brought into existence by the Private Party or supplied to the Private Party from other parties to the Associated Agreements for the purposes of operating the Restaurant and Retail Facility, or which the Private Party is required to prepare in terms of this PPP Agreement. 8.8 Unless otherwise agreed in writing by SANParks, the Private Party and other parties to the Associated Agreements shall have no interest in nor receive remuneration in connection with the Restaurant and Retail Facility except as provided for in the PPP Agreement or the Associated Agreements. 8.9 At the end of the Project Term or at such earlier time as may be provided herein, the Private Party shall hand over the Restaurant Facilityand Retail Facilities, and all Sale Assets, subject to the provisions of Clause 18, and its rights or interest in the Restaurant Facility and Retail Facilities to SANParks free of charges, liens, claims or encumbrances of any kind whatsoever, and free of any liabilities, in good condition, fair wear and tear excepted, in accordance with the standards set out in SANParks’ Operational Requirements (as certified by SANParks). The Private Party shall not, other than as provided for in Clauses 24, 25 and 26 of this PPP Agreement, be entitled to payment of any compensation in connection therewith.

PRIVATE PARTY COVENANTS. 8.1 Subject to the provisions of this PPP Agreement, the Private Party shall conduct and manage the Project: 8.1.1 at its own cost and risk; 8.1.2 in compliance with all applicable Laws, Regulatory Provisions and consentsthe Consents; 8.1.3 in compliance with all applicable health and safety standards; and 8.1.4 in accordance with Good Industry Practice. 8.2 The Private Party shall take all reasonable steps to ensure that all the Private Party Parties, employees, contractors, assignees, employees, guests, invitees and patrons Parties visiting or working at the Restaurant Astronomy Facility, adhere to, abide by and comply with: 8.2.1 all Regulatory Provisions, the Environmental Specifications in respect of the Protected Area and specifically in respect of the Restaurant Astronomy Facility and the EIA; 8.2.2 the terms of this PPP Agreement; and 8.2.3 any valid and enforceable directives or rules issued by the Park Manager from time to time. In cases where the Private Party believes that 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 to appeal against such rule or directive with SANParks and/or any other person determined by SANParks, at in its sole and absolute sole discretion. SANParks and/or such other person determined by SANParks will verify whether the directive or rule in question was valid and consistent with practice elsewhere in the Park. Pending the results of such an appeal, the Private Party shall abide by the said directive or rule. 8.3 The Private Party shall be responsible for: 8.3.1 obtaining and keeping current all consents the Consents which may be required for the performance of its obligations under this PPP Agreement; 8.3.2 implementing each consent within the period of its validity in accordance with its terms; 8.3.3 undertaking, according to the terms of this PPP Agreement, all of its obligations within the time periods specified; and 8.3.4 maintaining and keeping the Restaurant Astronomy Facility clean including the area of responsibility described in Schedule 1 hereto. 8.4 Without prejudice to Clauses 8.3.1 and 8.3.2, the Private Party shall obtain all necessary permits, approvals and/or licences in accordance with the Regulatory Provisions and shall comply with all conditions of any permit, approval or licence granted by any Relevant Authority and shall take all other necessary action required under the relevant Regulatory Provisions governing all facets of the conduct of the Project during the Project Term. 8.5 The Private Party shall bear all risks and costs with respect to material damage to the Restaurant Astronomy Facility or the environment caused by the operation of the Restaurant Astronomy Facility during the Project Term arising from any act or whatsoever, including an omission of by the Private Party. 8.6 The Private Party shall take all reasonable steps in the performance of its obligations hereunder to prevent and limit the occurrence of any environmental Environmental or health hazards and to ensure the health and safety of staff, guests, invitees and patronsthe Private Party Parties. 8.7 The Private Party shall, upon the written request of SANParks, and at no cost to SANParks, make available at all times documents which are or were required or brought into existence by the Private Party or supplied to the Private Party from other parties to the Associated Agreements for the purposes of operating the Restaurant Facility, or which the Private Party is required to prepare in terms of this PPP Agreement. 8.8 Unless otherwise agreed in writing by SANParks, the Private Party and other parties to the Associated Agreements shall have no interest in nor receive remuneration in connection with the Restaurant Astronomy Facility except as provided for in the PPP Agreement or the Associated Agreements. 8.9 At the end of the Project Term or at such earlier time as may be provided herein, the Private Party shall hand over the Restaurant Facility, and all Sale Assets, subject to the provisions of Clause 18, and its rights or interest in the Restaurant Facility to SANParks free of charges, liens, claims or encumbrances of any kind whatsoever, and free of any liabilities, in good condition, fair wear and tear excepted, in accordance with the standards set out in SANParks’ Operational Requirements (as certified by SANParks). The Private Party shall not, other than as provided for in Clauses 24, 25 and 26 of this PPP Agreement, be entitled to payment of any compensation in connection therewith.

PRIVATE PARTY COVENANTS. 8.1 Subject to the provisions of this PPP Agreement, the Private Party shall conduct and manage the Project: 8.1.1 at its own cost and risk; 8.1.2 in compliance with all applicable Laws, Regulatory Provisions and consentsthe Consents; 8.1.3 in compliance with all applicable health and safety standards; and 8.1.4 in accordance with Good Industry Practice. 8.2 The Private Party shall take all reasonable steps to ensure that all the Private Party Parties, employees, contractors, assignees, employees, guests, invitees and patrons Parties visiting or working at on the Restaurant FacilityScooter Tours operation, adhere to, abide by and comply with: 8.2.1 all Regulatory Provisions, the Environmental Specifications in respect of the Protected Area and specifically in respect of the Restaurant Facility and the EIA;Scooter Tours operation 8.2.2 the terms of this PPP Agreement; and 8.2.3 any valid and enforceable directives or rules issued by the Park Manager from time to time. In cases where the Private Party believes that 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 to appeal against such rule or directive with SANParks and/or any other person determined by SANParks, at its absolute sole discretion. SANParks and/or such other person determined by SANParks will verify whether the directive or rule in question was valid and consistent with practice elsewhere in the Park. Pending the results of such an appeal, the Private Party shall abide by the said directive or rule. 8.3 The Private Party shall be responsible for: 8.3.1 obtaining and keeping current all consents the Consents which may be required for the performance of its obligations under this PPP Agreement; 8.3.2 implementing each consent within the period of its validity in accordance with its terms; 8.3.3 undertaking, according to the terms of this PPP Agreement, all of its obligations within the time periods specified; and 8.3.4 maintaining and keeping the Restaurant Facility Scooter Tours operation clean including the area of responsibility described in Schedule 1 hereto. 8.4 Without prejudice to Clauses 8.3.1 and 8.3.2, the Private Party shall obtain all necessary permits, approvals and/or licences in accordance with the Regulatory Provisions and shall comply with all conditions of any permit, approval or licence granted by any Relevant Authority and shall take all other necessary action required under the relevant Regulatory Provisions governing all facets of the conduct of the Project during the Project Term. 8.5 The Private Party shall bear all risks and costs with respect to material damage to the Restaurant Facility Scooter Tours operation or the environment caused by the operation of the Restaurant Facility Scooter Tours operation during the Project Term arising from any act or whatsoever, including an omission of by the Private Party. 8.6 The Private Party shall take all reasonable steps in the performance of its obligations hereunder to prevent and limit the occurrence of any environmental Environmental or health hazards and to ensure the health and safety of staff, guests, invitees and patronsthe Private Party Parties. 8.7 The Private Party shall, upon the written request of SANParks, and at no cost to SANParks, make available at all times documents which are or were required or brought into existence by the Private Party or supplied to the Private Party from other parties to the Associated Agreements for the purposes of operating the Restaurant Facility, or which the Private Party is required to prepare in terms of this PPP Agreement. 8.8 Unless otherwise agreed in writing by SANParks, the Private Party and other parties to the Associated Agreements shall have no interest in nor receive remuneration in connection with the Restaurant Facility Scooter Tours operation, except as provided for in the PPP Agreement or the Associated Agreements. 8.9 At the end of the Project Term or at such earlier time as may be provided herein, the Private Party shall hand over the Restaurant Facility, and all Sale Assets, subject to the provisions of Clause 18, and its rights or interest in the Restaurant Facility to SANParks free of charges, liens, claims or encumbrances of any kind whatsoever, and free of any liabilities, in good condition, fair wear and tear excepted, in accordance with the standards set out in SANParks’ Operational Requirements (as certified by SANParks). The Private Party shall not, other than as provided for in Clauses 24, 25 and 26 of this PPP Agreement, be entitled to payment of any compensation in connection therewith.

PRIVATE PARTY COVENANTS. 8.1 Subject to the provisions of this PPP Agreement, the Private Party shall conduct and manage the Project: 8.1.1 at its own cost and risk; 8.1.2 in compliance with all applicable Laws, Regulatory Provisions and consentsthe Consents; 8.1.3 in compliance with all applicable health and safety standards; and 8.1.4 in accordance with Good Industry Practice. 8.2 The Private Party shall take all reasonable steps to ensure that all the Private Party Parties, employees, contractors, assignees, employees, guests, invitees and patrons Parties visiting or working at the Restaurant FacilityPhalaborwa Safari Lodge, adhere to, abide by and comply with: 8.2.1 all Regulatory Provisions, the Environmental Specifications in respect of the Protected Area and specifically in respect of the Restaurant Facility Phalaborwa Safari Lodge and the EIA; 8.2.2 the terms of this PPP Agreement; and 8.2.3 any valid and enforceable directives or rules issued by the Park Manager from time to time. In cases where the Private Party believes that 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 to appeal against such rule or directive with SANParks and/or any other person determined by SANParks, at in its sole and absolute sole discretion. SANParks and/or such other person determined by SANParks will verify whether the directive or rule in question was valid and consistent with practice elsewhere in the Park. Pending the results of such an appeal, the Private Party shall abide by the said directive or rule. 8.3 The Private Party shall be responsible for: 8.3.1 obtaining and keeping current all consents the Consents which may be required for the performance of its obligations under this PPP Agreement; 8.3.2 implementing each consent within the period of its validity in accordance with its terms; 8.3.3 undertaking, according to the terms of this PPP Agreement, all of its obligations within the time periods specified; and 8.3.4 maintaining and keeping the Restaurant Facility Phalaborwa Safari Lodge clean including the area of responsibility described in Schedule 1 hereto. 8.4 Without prejudice to Clauses 8.3.1 and 8.3.2, the Private Party shall obtain all necessary permits, approvals and/or licences in accordance with the Regulatory Provisions and shall comply with all conditions of any permit, approval or licence granted by any Relevant Authority and shall take all other necessary action required under the relevant Regulatory Provisions governing all facets of the conduct of the Project during the Project Term. 8.5 The Private Party shall bear all risks and costs with respect to material damage to the Restaurant Facility Phalaborwa Safari Lodge or the environment caused by the operation of the Restaurant Facility Phalaborwa Safari Lodge during the Project Term arising from any act or whatsoever, including an omission of by the Private Party. 8.6 The Private Party shall take all reasonable steps in the performance of its obligations hereunder to prevent and limit the occurrence of any environmental Environmental or health hazards and to ensure the health and safety of staff, guests, invitees and patronsthe Private Party Parties. 8.7 The Private Party shall, upon the written request of SANParks, and at no cost to SANParks, make available at all times documents which are or were required or brought into existence by the Private Party or supplied to the Private Party from other parties to the Associated Agreements for the purposes of operating the Restaurant Facility, or which the Private Party is required to prepare in terms of this PPP Agreement. 8.8 Unless otherwise agreed in writing by SANParks, the Private Party and other parties to the Associated Agreements shall have no interest in nor receive remuneration in connection with the Restaurant Facility Phalaborwa Safari Lodge except as provided for in the PPP Agreement or the Associated Agreements. 8.9 At the end of the Project Term or at such earlier time as may be provided herein, the Private Party shall hand over the Restaurant Facility, and all Sale Assets, subject to the provisions of Clause 18, and its rights or interest in the Restaurant Facility to SANParks free of charges, liens, claims or encumbrances of any kind whatsoever, and free of any liabilities, in good condition, fair wear and tear excepted, in accordance with the standards set out in SANParks’ Operational Requirements (as certified by SANParks). The Private Party shall not, other than as provided for in Clauses 24, 25 and 26 of this PPP Agreement, be entitled to payment of any compensation in connection therewith.

PRIVATE PARTY COVENANTS. 8.1 Subject to the provisions of this PPP Agreement, the Private Party shall conduct and manage the Project: 8.1.1 at its own cost and risk; 8.1.2 in compliance with all applicable Regulatory Provisions and consents; 8.1.3 in compliance with all applicable health and safety standards; and 8.1.4 in accordance with Good Industry Practice. 8.2 The Private Party shall take all reasonable steps to ensure that all the Private Party Parties, employees, contractors, assignees, employees, guests, invitees and patrons visiting or working at the Restaurant Facilityand Retail Facilities, adhere to, abide by and comply with: 8.2.1 all Regulatory Provisions, the Environmental Specifications in respect of the Protected Area and specifically in respect of the Restaurant Facility and Retail Facilities and the EIA; 8.2.2 the terms of this PPP Agreement; and 8.2.3 any valid and enforceable directives or rules issued by the Park Manager from time to time. In cases where the Private Party believes that 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 to appeal against such rule or directive with SANParks and/or any other person determined by SANParks, at its absolute sole discretion. SANParks and/or such other person determined by SANParks will verify whether the directive or rule in question was valid and consistent with practice elsewhere in the Park. Pending the results of such an appeal, the Private Party shall abide by the said directive or rule. 8.3 The Private Party shall be responsible for: 8.3.1 obtaining and keeping current all consents which may be required for the performance of its obligations under this PPP Agreement; 8.3.2 implementing each consent within the period of its validity in accordance with its terms; 8.3.3 undertaking, according to the terms of this PPP Agreement, all of its obligations within the time periods specified; and 8.3.4 maintaining and keeping the Restaurant Facility and Retail Facilities clean including the area of responsibility described in Schedule 1 hereto. 8.4 Without prejudice to Clauses 8.3.1 and 8.3.2, the Private Party shall obtain all necessary permits, approvals and/or licences in accordance with the Regulatory Provisions and shall comply with all conditions of any permit, approval or licence granted by any Relevant Authority and shall take all other necessary action required under the relevant Regulatory Provisions governing all facets of the conduct of the Project during the Project Term. 8.5 The Private Party shall bear all risks and costs with respect to material damage to the Restaurant and Retail Facility or the environment caused by the operation of the Restaurant and Retail Facility during the Project Term arising from any act or omission of the Private Party. 8.6 The Private Party shall take all reasonable steps in the performance of its obligations hereunder to prevent and limit the occurrence of any environmental or health hazards and to ensure the health and safety of staff, guests, invitees and patrons. 8.7 The Private Party shall, upon the written request of SANParks, and at no cost to SANParks, make available at all times documents which are or were required or brought into existence by the Private Party or supplied to the Private Party from other parties to the Associated Agreements for the purposes of operating the Restaurant and Retail Facility, or which the Private Party is required to prepare in terms of this PPP Agreement. 8.8 Unless otherwise agreed in writing by SANParks, the Private Party and other parties to the Associated Agreements shall have no interest in nor receive remuneration in connection with the Restaurant and Retail Facility except as provided for in the PPP Agreement or the Associated Agreements. 8.9 At the end of the Project Term or at such earlier time as may be provided herein, the Private Party shall hand over the Restaurant Facilityand Retail Facilities, and all Sale Assets, subject to the provisions of Clause 18, and its rights or interest in the Restaurant Facility and Retail Facilities to SANParks free of charges, liens, claims or encumbrances of any kind whatsoever, and free of any liabilities, in good condition, fair wear and tear excepted, in accordance with the standards set out in SANParks’ SANParks‟ Operational Requirements (as certified by SANParks). The Private Party shall not, other than as provided for in Clauses 24, 25 and 26 of this PPP Agreement, be entitled to payment of any compensation in connection therewith.

PRIVATE PARTY COVENANTS. 8.1 Subject to the provisions of this PPP Agreement, the Private Party shall conduct and manage the Project: 8.1.1 at its own cost and risk; 8.1.2 in compliance with all applicable Regulatory Provisions and consents; 8.1.3 in compliance with all applicable health and safety standards; and 8.1.4 in accordance with Good Industry Practice. 8.2 The Private Party shall take all reasonable steps to ensure that all the Private Party Parties, employees, contractors, assignees, employees, guests, invitees and patrons visiting or working at the Restaurant Picnic Site Facility, adhere to, abide by and comply with: 8.2.1 all Regulatory Provisions, the Environmental Specifications in respect of the Protected Area and specifically in respect of the Restaurant Picnic Site Facility and the EIA; 8.2.2 the terms of this PPP Agreement; and 8.2.3 any valid and enforceable directives or rules issued by the Park Manager from time to time. In cases where the Private Party believes that 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 to appeal against such rule or directive with SANParks and/or any other person determined by SANParks, at its absolute sole discretion. SANParks and/or such other person determined by SANParks will verify whether the directive or rule in question was valid and consistent with practice elsewhere in the Park. Pending the results of such an appeal, the Private Party shall abide by the said directive or rule. 8.3 The Private Party shall be responsible for: 8.3.1 obtaining and keeping current all consents which may be required for the performance of its obligations under this PPP Agreement; 8.3.2 implementing each consent within the period of its validity in accordance with its terms; 8.3.3 undertaking, according to the terms of this PPP Agreement, all of its obligations within the time periods specified; and 8.3.4 maintaining and keeping the Restaurant Picnic Site Facility clean including the area of responsibility described in Schedule 1 hereto. 8.4 Without prejudice to Clauses 8.3.1 and 8.3.2, the Private Party shall obtain all necessary permits, approvals and/or licences in accordance with the Regulatory Provisions and shall comply with all conditions of any permit, approval or licence granted by any Relevant Authority and shall take all other necessary action required under the relevant Regulatory Provisions governing all facets of the conduct of the Project during the Project Term. 8.5 The Private Party shall bear all risks and costs with respect to material damage to the Restaurant Picnic Site Facility or the environment caused by the operation of the Restaurant Picnic Site Facility during the Project Term arising from any act or omission of the Private Party. 8.6 The Private Party shall take all reasonable steps in the performance of its obligations hereunder to prevent and limit the occurrence of any environmental or health hazards and to ensure the health and safety of staff, guests, invitees and patrons. 8.7 The Private Party shall, upon the written request of SANParks, and at no cost to SANParks, make available at all times documents which are or were required or brought into existence by the Private Party or supplied to the Private Party from other parties to the Associated Agreements for the purposes of operating the Restaurant Picnic Site Facility, or which the Private Party is required to prepare in terms of this PPP Agreement. 8.8 Unless otherwise agreed in writing by SANParks, the Private Party and other parties to the Associated Agreements shall have no interest in nor receive remuneration in connection with the Restaurant Picnic Site Facility except as provided for in the PPP Agreement or the Associated Agreements. 8.9 At the end of the Project Term or at such earlier time as may be provided herein, the Private Party shall hand over the Restaurant Picnic Site Facility, and all Sale Assets, subject to the provisions of Clause 18, and its rights or interest in the Restaurant Picnic Site Facility to SANParks free of charges, liens, claims or encumbrances of any kind whatsoever, and free of any liabilities, in good condition, fair wear and tear excepted, in accordance with the standards set out in SANParks’ Operational Requirements (as certified by SANParks). The Private Party shall not, other than as provided for in Clauses 24, 25 and 26 of this PPP Agreement, be entitled to payment of any compensation in connection therewith.

PRIVATE PARTY COVENANTS. 8.1 Subject to the provisions of this PPP Agreement, the Private Party shall conduct and manage the Project: 8.1.1 at its own cost and risk; 8.1.2 in compliance with all applicable Laws, Regulatory Provisions and consentsthe Consents; 8.1.3 in compliance with all applicable health and safety standards; and 8.1.4 in accordance with Good Industry Practice. 8.2 The Private Party shall take all reasonable steps to ensure that all the Private Party Parties, employees, contractors, assignees, employees, guests, invitees and patrons Parties visiting or working at the Restaurant FacilityGroote Xxxxxx Estate Tea Room and Restaurant, adhere to, abide by and comply with: 8.2.1 all Regulatory Provisions, the Environmental Specifications in respect of the Protected Area and specifically in respect of the Groote Xxxxxx Estate Tea Room and Restaurant Facility and the EIA; 8.2.2 the terms of this PPP Agreement; and 8.2.3 any valid and enforceable directives or rules issued by the Park Manager from time to time. In cases where the Private Party believes that 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 to appeal against such rule or directive with SANParks and/or any other person determined by SANParks, at in its sole and absolute sole discretion. SANParks and/or such other person determined by SANParks will verify whether the directive or rule in question was valid and consistent with practice elsewhere in the Park. Pending the results of such an appeal, the Private Party shall abide by the said directive or rule. 8.3 The Private Party shall be responsible for: 8.3.1 obtaining and keeping current all consents the Consents which may be required for the performance of its obligations under this PPP Agreement; 8.3.2 implementing each consent within the period of its validity in accordance with its terms; 8.3.3 undertaking, according to the terms of this PPP Agreement, all of its obligations within the time periods specified; and 8.3.4 maintaining and keeping the Groote Xxxxxx Estate Tea Room and Restaurant Facility clean including the area of responsibility described in Schedule 1 hereto. 8.4 Without prejudice to Clauses 8.3.1 and 8.3.2, the Private Party shall obtain all necessary permits, approvals and/or licences in accordance with the Regulatory Provisions and shall comply with all conditions of any permit, approval or licence granted by any Relevant Authority and shall take all other necessary action required under the relevant Regulatory Provisions governing all facets of the conduct of the Project during the Project Term. 8.5 The Private Party shall bear all risks and costs with respect to material damage to the Groote Xxxxxx Estate Tea Room and Restaurant Facility or the environment caused by the operation of the Groote Xxxxxx Estate Tea Room and Restaurant Facility during the Project Term arising from any act or whatsoever, including an omission of by the Private Party. 8.6 The Private Party shall take all reasonable steps in the performance of its obligations hereunder to prevent and limit the occurrence of any environmental Environmental or health hazards and to ensure the health and safety of staff, guests, invitees and patronsthe Private Party Parties. 8.7 The Private Party shall, upon the written request of SANParks, and at no cost to SANParks, make available at all times documents which are or were required or brought into existence by the Private Party or supplied to the Private Party from other parties to the Associated Agreements for the purposes of operating the Restaurant Facility, or which the Private Party is required to prepare in terms of this PPP Agreement. 8.8 Unless otherwise agreed in writing by SANParks, the Private Party and other parties to the Associated Agreements shall have no interest in nor receive remuneration in connection with the Groote Xxxxxx Estate Tea Room and Restaurant Facility except as provided for in the PPP Agreement or the Associated Agreements. 8.9 At the end of the Project Term or at such earlier time as may be provided herein, the Private Party shall hand over the Restaurant Facility, and all Sale Assets, subject to the provisions of Clause 18, and its rights or interest in the Restaurant Facility to SANParks free of charges, liens, claims or encumbrances of any kind whatsoever, and free of any liabilities, in good condition, fair wear and tear excepted, in accordance with the standards set out in SANParks’ Operational Requirements (as certified by SANParks). The Private Party shall not, other than as provided for in Clauses 24, 25 and 26 of this PPP Agreement, be entitled to payment of any compensation in connection therewith.

PRIVATE PARTY COVENANTS. 8.1 Subject to the provisions of this PPP Agreement, the Private Party shall conduct and manage the Project: 8.1.1 at its own cost and risk; 8.1.2 in compliance with all applicable Regulatory Provisions and consents; 8.1.3 in compliance with all applicable health and safety standards; and 8.1.4 in accordance with Good Industry Practice. 8.2 The Private Party shall take all reasonable steps to ensure that all the Private Party Parties, employees, contractors, assignees, employees, guests, invitees and patrons visiting or working at the Restaurant Spa Facility, adhere to, abide by and comply with: 8.2.1 all Regulatory Provisions, the Environmental Specifications in respect of the Protected Area and specifically in respect of the Restaurant Spa Facility and the EIA; 8.2.2 the terms of this PPP Agreement; and 8.2.3 any valid and enforceable directives or rules issued by the Park Manager from time to time. In cases where the Private Party believes that 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 to appeal against such rule or directive with SANParks and/or any other person determined by SANParks, at its absolute sole discretion. SANParks and/or such other person determined by SANParks will verify whether the directive or rule in question was valid and consistent with practice elsewhere in the Park. Pending the results of such an appeal, the Private Party shall abide by the said directive or rule. 8.3 The Private Party shall be responsible for: 8.3.1 obtaining and keeping current all consents which may be required for the performance of its obligations under this PPP Agreement; 8.3.2 implementing each consent within the period of its validity in accordance with its terms; 8.3.3 undertaking, according to the terms of this PPP Agreement, all of its obligations within the time periods specified; and 8.3.4 maintaining and keeping the Restaurant Spa Facility clean including the area of responsibility described in Schedule 1 hereto. 8.4 Without prejudice to Clauses 8.3.1 and 8.3.2, the Private Party shall obtain all necessary permits, approvals and/or licences in accordance with the Regulatory Provisions and shall comply with all conditions of any permit, approval or licence granted by any Relevant Authority and shall take all other necessary action required under the relevant Regulatory Provisions governing all facets of the conduct of the Project during the Project Term. 8.5 The Private Party shall bear all risks and costs with respect to material damage to the Restaurant Spa Facility or the environment caused by the operation of the Restaurant Spa Facility during the Project Term arising from any act or omission of the Private Party. 8.6 The Private Party shall take all reasonable steps in the performance of its obligations hereunder to prevent and limit the occurrence of any environmental or health hazards and to ensure the health and safety of staff, guests, invitees and patrons. 8.7 The Private Party shall, upon the written request of SANParks, and at no cost to SANParks, make available at all times documents which are or were required or brought into existence by the Private Party or supplied to the Private Party from other parties to the Associated Agreements for the purposes of operating the Restaurant Spa Facility, or which the Private Party is required to prepare in terms of this PPP Agreement. 8.8 Unless otherwise agreed in writing by SANParks, the Private Party and other parties to the Associated Agreements shall have no interest in nor receive remuneration in connection with the Restaurant Spa Facility except as provided for in the PPP Agreement or the Associated Agreements. 8.9 At the end of the Project Term or at such earlier time as may be provided herein, the Private Party shall hand be responsible to: 8.9.1 Hand over the Restaurant Facility, and all Sale Assets, subject to the provisions of Clause 18, Spa Facility and its rights or interest in the Restaurant Spa Facility to SANParks free of charges, liens, claims or encumbrances of any kind whatsoever, and free of any liabilities, in good condition, fair wear and tear excepted, in accordance with the standards set out in SANParks’ Operational Requirements (as certified by SANParks). ; 8.9.2 The Private Party shall not, other than as provided for in Clauses 2422, 25 23 and 26 24 of this PPP Agreement, be entitled to payment of any compensation in connection therewith. 8.9.3 The Private Party shall be obliged to facilitate a Sale of Business to SANParks or the new operator and transfer the employees in terms of Section 197 of the Labour Relations Act No.66 of 1995. Furthermore, the Private Party and SANParks or the new Operator will agree as to the value of the Capital Investment Assets that SANParks or the new Operator elects to purchase. This will exclude computer equipment and accessories comprising of related copyrights as defined in Clause 2.1.29 and information as defined in Clause 2.1.9;

PRIVATE PARTY COVENANTS. 8.1 Subject to the provisions of this PPP Agreement, the Private Party shall conduct and manage the Project: 8.1.1 at its own cost and risk; 8.1.2 in compliance with all applicable Laws, Regulatory Provisions and consentsthe Consents; 8.1.3 in compliance with all applicable health and safety standards; and 8.1.4 in accordance with Good Industry Practice. 8.2 The Private Party shall take all reasonable steps to ensure that all the Private Party Parties, employees, contractors, assignees, employees, guests, invitees and patrons Parties visiting or working at the Restaurant FacilityNAMAQUA FLOWERS BEACH LUXURY MOBILE TENTED CAMP , adhere to, abide by and comply with: 8.2.1 all Regulatory Provisions, the Environmental Specifications in respect of the Protected Area and specifically in respect of the Restaurant Facility NAMAQUA FLOWERS BEACH LUXURY MOBILE TENTED CAMP and the EIA; 8.2.2 the terms of this PPP Agreement; and 8.2.3 any valid and enforceable directives or rules issued by the Park Manager from time to time. In cases where the Private Party believes that 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 to appeal against such rule or directive with SANParks and/or any other person determined by SANParks, at its absolute sole discretion. SANParks and/or such other person determined by SANParks will verify whether the directive or rule in question was valid and consistent with practice elsewhere in the Park. Pending the results of such an appeal, the Private Party shall abide by the said directive or rule. 8.3 The Private Party shall be responsible for: 8.3.1 obtaining and keeping current all consents the Consents which may be required for the performance of its obligations under this PPP Agreement; 8.3.2 implementing each consent within the period of its validity in accordance with its terms; 8.3.3 undertaking, according to the terms of this PPP Agreement, all of its obligations within the time periods specified; and 8.3.4 maintaining and keeping the Restaurant Facility NAMAQUA FLOWERS BEACH LUXURY MOBILE TENTED CAMP clean including the area of responsibility described in Schedule 1 hereto. 8.4 Without prejudice to Clauses 8.3.1 and 8.3.2, the Private Party shall obtain all necessary permits, approvals and/or licences in accordance with the Regulatory Provisions and shall comply with all conditions of any permit, approval or licence granted by any Relevant Authority and shall take all other necessary action required under the relevant Regulatory Provisions governing all facets of the conduct of the Project during the Project Term. 8.5 The Private Party shall bear all risks and costs with respect to material damage to the Restaurant Facility NAMAQUA FLOWERS BEACH LUXURY MOBILE TENTED CAMP or the environment caused by the operation of the Restaurant Facility NAMAQUA FLOWERS BEACH LUXURY MOBILE TENTED CAMP during the Project Term arising from any act or whatsoever, including an omission of by the Private Party. 8.6 The Private Party shall take all reasonable steps in the performance of its obligations hereunder to prevent and limit the occurrence of any environmental Environmental or health hazards and to ensure the health and safety of staff, guests, invitees and patronsthe Private Party Parties. 8.7 The Private Party shall, upon the written request of SANParks, and at no cost to SANParks, make available at all times documents which are or were required or brought into existence by the Private Party or supplied to the Private Party from other parties to the Associated Agreements for the purposes of operating the Restaurant Facility, or which the Private Party is required to prepare in terms of this PPP Agreement. 8.8 Unless otherwise agreed in writing by SANParks, the Private Party and other parties to the Associated Agreements shall have no interest in nor receive remuneration in connection with the Restaurant Facility NAMAQUA FLOWERS BEACH LUXURY MOBILE TENTED CAMP except as provided for in the PPP Agreement or the Associated Agreements. 8.9 At the end of the Project Term or at such earlier time as may be provided herein, the Private Party shall hand over the Restaurant Facility, and all Sale Assets, subject to the provisions of Clause 18, and its rights or interest in the Restaurant Facility to SANParks free of charges, liens, claims or encumbrances of any kind whatsoever, and free of any liabilities, in good condition, fair wear and tear excepted, in accordance with the standards set out in SANParks’ Operational Requirements (as certified by SANParks). The Private Party shall not, other than as provided for in Clauses 24, 25 and 26 of this PPP Agreement, be entitled to payment of any compensation in connection therewith.