Common use of Project Site Conditions Clause in Contracts

Project Site Conditions. 12.3.1 It is recorded that SANParks has made available to the Private Party for its information, prior to the Signature Date, all relevant data in SANParks’ possession on the conditions at the Spa Facility, including Environmental aspects. SANParks shall similarly make available to the Private Party all such similar information which comes into SANParks’ possession after the Signature Date. The Private Party shall be responsible for interpreting all such data. 12.3.2 Notwithstanding the provisions of Clause 12.3, the Private Party shall be deemed at the Signature Date to have obtained all necessary information as to risks, contingencies and other circumstances which may influence or affect the execution of the Project Deliverables. To the same extent, the Private Party shall be deemed as at the Signature Date to have inspected and examined the Spa Facility, its surroundings, the above data and other available information. To this end, the climatic, hydrological, hydrogeological, ecological, Environmental, geotechnical, geological, palaeontological and archaeological conditions of the Spa Facility ("Project Site Conditions") shall be the sole responsibility of the Private Party. Accordingly, without limiting any other obligations of the Private Party that are included in the Project Deliverables, the Private Party shall be deemed as at the Signature Date to have – 12.3.2.1 carried out an investigation of all Project Site Conditions and of any extraneous material in the Spa Facility including its surface, sub-soil, ground water and flood line; 12.3.2.2 for the purpose of such investigation in Clause 12.3.2, inspected and examined the Spa Facility and surroundings thereof; 12.3.2.3 satisfied itself as to the nature of the Project Site Conditions, the form and nature of the Spa Facility, the risk of damage to property affecting the Spa Facility, the nature of the materials (whether natural or otherwise) to be excavated, if any, and the nature of the design, works and material necessary for the execution of the Project Deliverables and the remedying of any defects; and 12.3.2.4 satisfied itself as to the adequacy of – 12.3.2.4.1 its right of passage over, access to and through the Spa Facility; and 12.3.2.4.2 any accommodation it may require for the purposes of fulfilling any of its obligations included in the Project Deliverables, such as any additional land or buildings located outside the Spa Facility; 12.3.2.5 satisfied itself as to the possibility of interference by persons (including pedestrian and vehicle traffic) with rights-of-way across, access to or use of the Spa Facility with particular regard to the owners and users of any land adjacent to the Spa Facility and the Protected Area; and 12.3.2.6 satisfied itself as to the precautions, times and methods of working necessary to prevent or minimise nuisance or interference being caused to any third parties or the Environment.

Project Site Conditions. 12.3.1 It is recorded that SANParks has made available to the Private Party for its information, prior to the Signature Date, all relevant data in SANParks’ possession on the conditions at of the Spa AENP Xxxx Braai Facility, including Environmental aspects. SANParks shall similarly make available to the Private Party all such similar information which comes into SANParks’ possession after the Signature Date. The Private Party shall be responsible for interpreting all such data. 12.3.2 Notwithstanding the provisions of Clause 12.3, the Private Party shall be deemed at the Signature Date to have obtained all necessary information as to risks, contingencies and other circumstances which may influence or affect the execution of the Project Deliverables. To the same extent, the Private Party shall be deemed as at the Signature Date to have inspected and examined the Spa AENP Xxxx Braai Facility, its surroundings, the above data and other available information. To this end, the climatic, hydrological, hydrogeological, ecological, Environmental, geotechnical, geological, palaeontological and archaeological conditions of the Spa AENP Xxxx Braai Facility ("Project Site Conditions") shall be the sole responsibility of the Private Party. Accordingly, without limiting any other obligations of the Private Party that are included in the Project Deliverables, the Private Party shall be deemed as at the Signature Date to have – 12.3.2.1 carried out an investigation of all Project Site Conditions and of any extraneous material in the Spa AENP Xxxx Braai Facility including its surface, sub-soil, ground water and flood line; 12.3.2.2 for the purpose of such investigation in Clause 12.3.2, inspected and examined the Spa AENP Xxxx Braai Facility and surroundings thereof; 12.3.2.3 satisfied itself as to the nature of the Project Site Conditions, the form and nature of the Spa AENP Xxxx Braai Facility, the risk of damage to property affecting the Spa Facility, AENP Xxxx Braai Facility the nature of the materials (whether natural or otherwise) to be excavated, if any, and the nature of the design, works and material necessary for the execution of the Project Deliverables and the remedying of any defects; and 12.3.2.4 satisfied itself as to the adequacy of – 12.3.2.4.1 its right of passage over, access to and through the Spa AENP Xxxx Braai Facility; and 12.3.2.4.2 any accommodation it may require for the purposes of fulfilling any of its obligations included in the Project Deliverables, such as any additional land or buildings located outside the Spa Facility; 12.3.2.5 satisfied itself as to the possibility of interference by persons (including pedestrian and vehicle traffic) with rights-of-way across, access to or use of the Spa AENP Xxxx Braai Facility with particular regard to the owners and users of any land adjacent to the Spa AENP Xxxx Braai Facility and the Protected Area; and 12.3.2.6 satisfied itself as to the precautions, times and methods of working necessary to prevent or minimise nuisance or interference being caused to any third parties or the Environment. 12.4 To avoid doubt, the Private Party accepts full responsibility for all matters in Clause 12.3.2 and the Private Party shall, in respect of the AENP Xxxx Braai Facility from the Signature Date, not be entitled to make any claim against SANParks whether in contract, delict or otherwise on any ground relating to the matters in Clause 12.3.2; and from the Operation Commencement Date be responsible for and shall indemnify SANParks against - 12.4.1.1 all direct losses sustained by SANParks in consequence of cleaning- up and otherwise dealing with any potentially hazardous materials (being any natural or artificial substance, whether in solid, gaseous or liquid form) capable of causing harm to any human or any other living organism supported by the Environment or capable of damaging the Environment or public health or posing a threat to public safety including any pollutants and any hazardous, toxic, radioactive, noxious, corrosive or dangerous substances and all substances for which in each case liability or responsibility is imposed under applicable Environment Law at the AENP Xxxx Braai Facility; and 12.4.1.2 any losses incurred by XXXXxxxx and/or a third party for any failure to implement, non-compliance or transgression whatsoever, whether intentional or negligent, and whether committed by the Private Party or any of its Subcontractors or contractors of the terms and conditions contained in the Environmental Specifications, it being recorded that the Private Party shall assume liability for such losses notwithstanding that it acts as agent on behalf of SANParks (as holder of the Environmental Specifications) in implementing the terms and conditions of the Environmental Specifications. 12.5 Suitability and Condition of the AENP Xxxx Braai Facility

Project Site Conditions. 12.3.1 It is recorded that SANParks has made available to the Private Party for its information, prior to the Signature Date, all relevant data in SANParks’ SANParks possession on the conditions at of the Spa FacilityScooter Tours operation, including Environmental aspects. SANParks shall similarly make available to the Private Party all such similar information which that comes into SANParks’ SANParks possession after the Signature Date. The Private Party shall be responsible for interpreting all such data. 12.3.2 Notwithstanding the provisions of Clause 12.3, the Private Party shall be deemed at the Signature Date to have obtained all necessary information as to risks, contingencies and other circumstances which that may influence or affect the execution of the Project Deliverables. To the same extent, the Private Party shall be deemed as at the Signature Date to have inspected and examined the Spa FacilityProject Sites for the Scooter Tours operation, its their surroundings, the above data and other available information. To this end, the climatic, hydrological, hydrogeological, ecological, Environmentalenvironmental, geotechnical, geological, palaeontological paleontological and archaeological conditions of the Spa Facility Scooter Tours operation ("Project Site Conditions") shall be the sole responsibility of the Private Party. Accordingly, without limiting any other obligations of the Private Party that are included in the Project Deliverables, the Private Party shall be deemed as at the Signature Date to have – 12.3.2.1 carried out an investigation of all Project Site Conditions and of any extraneous material in the Spa Facility Scooter Tours operation including its surface, sub-soil, ground water and flood line; 12.3.2.2 for the purpose of such investigation in Clause 12.3.2, inspected and examined the Spa Facility Project Site for the Scooter Tours operation and surroundings thereof; 12.3.2.3 satisfied itself as to the nature of the Project Site Conditions, the form and nature of the Spa FacilityScooter Tours operation, the risk of damage to property affecting the Spa FacilityScooter Tours operation, the nature of the materials (whether natural or otherwise) to be excavated, if any, and the nature of the design, works and material necessary for the execution of the Project Deliverables and the remedying of any defects; and 12.3.2.4 satisfied itself as to the adequacy of – 12.3.2.4.1 its right of passage over, access to and through the Spa Facility; and 12.3.2.4.2 any accommodation it may require for the purposes of fulfilling any of its obligations included in the Project Deliverables, such as any additional land or buildings located outside the Spa Facility; 12.3.2.5 satisfied itself as to the possibility of interference by persons (including pedestrian and vehicle traffic) with rights-of-way across, access to or use of the Spa Facility with particular regard to the owners and users of any land adjacent to the Spa Facility and the Protected Area; and 12.3.2.6 satisfied itself as to the precautions, times and methods of working necessary to prevent or minimise nuisance or interference being caused to any third parties or the Environment.

Project Site Conditions. 12.3.1 It is recorded that SANParks has made available to the Private Party for its information, prior to the Signature Date, all relevant data in SANParks’ possession on the conditions at the Spa FacilityGroote Xxxxxx Estate Tea Room and Restaurant, including Environmental aspects. SANParks shall similarly make available to the Private Party all such similar information which comes into SANParks’ possession after the Signature Date. The Private Party shall be responsible for interpreting all such data. 12.3.2 Notwithstanding the provisions of Clause 12.3, the Private Party shall be deemed at the Signature Date to have obtained all necessary information as to risks, contingencies and other circumstances which may influence or affect the execution of the Project Deliverables. To the same extent, the Private Party shall be deemed as at the Signature Date to have inspected and examined the Spa FacilityGroote Xxxxxx Estate Tea Room and Restaurant, its surroundings, the above data and other available information. To this end, the climatic, hydrological, hydrogeological, ecological, Environmental, geotechnical, geological, palaeontological and archaeological conditions of the Spa Facility Groote Xxxxxx Estate Tea Room and Restaurant ("Project Site Conditions") shall be the sole responsibility of the Private Party. Accordingly, without limiting any other obligations of the Private Party that are included in the Project Deliverables, the Private Party shall be deemed as at the Signature Date to have – 12.3.2.1 carried out an investigation of all Project Site Conditions and of any extraneous material in the Spa Facility Groote Xxxxxx Estate Tea Room and Restaurant including its surface, sub-soil, ground water and flood line; 12.3.2.2 for the purpose of such investigation in Clause 12.3.2, inspected and examined the Spa Facility Groote Xxxxxx Estate Tea Room and Restaurant and surroundings thereof; 12.3.2.3 satisfied itself as to the nature of the Project Site Conditions, the form and nature of the Spa FacilityGroote Xxxxxx Estate Tea Room and Restaurant, the risk of damage to property affecting the Spa FacilityGroote Xxxxxx Estate Tea Room and Restaurant, the nature of the materials (whether natural or otherwise) to be excavated, if any, and the nature of the design, works and material necessary for the execution of the Project Deliverables and the remedying of any defects; and 12.3.2.4 satisfied itself as to the adequacy of – 12.3.2.4.1 its right of passage over, access to and through the Spa FacilityGroote Xxxxxx Estate Tea Room and Restaurant; and 12.3.2.4.2 any accommodation it may require for the purposes of fulfilling any of its obligations included in the Project Deliverables, such as any additional land or buildings located outside the Spa Facility; 12.3.2.5 satisfied itself as to the possibility of interference by persons (including pedestrian and vehicle traffic) with rights-of-way across, access to or use of the Spa Facility Groote Xxxxxx Estate Tea Room and Restaurant with particular regard to the owners and users of any land adjacent to the Spa Facility Groote Xxxxxx Estate Tea Room and Restaurant and the Protected Area; and 12.3.2.6 satisfied itself as to the precautions, times and methods of working necessary to prevent or minimise nuisance or interference being caused to any third parties or the Environment.

Project Site Conditions. 12.3.1 It is recorded that SANParks has made available to the Private Party for its information, prior to the Signature Date, all relevant data in SANParks’ possession on the conditions at the Spa Phabeni Gate Xxxx Braai Facility, including Environmental aspects. SANParks shall similarly make available to the Private Party all such similar information which comes into SANParks’ possession after the Signature Date. The Private Party shall be responsible for interpreting all such data. 12.3.2 Notwithstanding the provisions of Clause 12.3, the Private Party shall be deemed at the Signature Date to have obtained all necessary information as to risks, contingencies and other circumstances which may influence or affect the execution of the Project Deliverables. To the same extent, the Private Party shall be deemed as at the Signature Date to have inspected and examined the Spa Phabeni Gate Xxxx Braai Facility, its surroundings, the above data and other available information. To this end, the climatic, hydrological, hydrogeological, ecological, Environmental, geotechnical, geological, palaeontological and archaeological conditions of the Spa Phabeni Gate Xxxx Braai Facility ("Project Site Conditions") shall be the sole responsibility of the Private Party. Accordingly, without limiting any other obligations of the Private Party that are included in the Project Deliverables, the Private Party shall be deemed as at the Signature Date to have – 12.3.2.1 carried out an investigation of all Project Site Conditions and of any extraneous material in the Spa Phabeni Gate Xxxx Braai Facility including its surface, sub-soil, ground water and flood line; 12.3.2.2 for the purpose of such investigation in Clause 12.3.2, inspected and examined the Spa Phabeni Gate Xxxx Braai Facility and surroundings thereof; 12.3.2.3 satisfied itself as to the nature of the Project Site Conditions, the form and nature of the Spa Phabeni Gate Xxxx Braai Facility, the risk of damage to property affecting the Spa Facility, Phabeni Gate Xxxx Braai Facility the nature of the materials (whether natural or otherwise) to be excavated, if any, and the nature of the design, works and material necessary for the execution of the Project Deliverables and the remedying of any defects; and 12.3.2.4 satisfied itself as to the adequacy of – 12.3.2.4.1 its right of passage over, access to and through the Spa Phabeni Gate Xxxx Braai Facility; and 12.3.2.4.2 any accommodation it may require for the purposes of fulfilling any of its obligations included in the Project Deliverables, such as any additional land or buildings located outside the Spa Facility; 12.3.2.5 satisfied itself as to the possibility of interference by persons (including pedestrian and vehicle traffic) with rights-of-way across, access to or use of the Spa Phabeni Gate Xxxx Braai Facility with particular regard to the owners and users of any land adjacent to the Spa Phabeni Gate Xxxx Braai Facility and the Protected Area; and 12.3.2.6 satisfied itself as to the precautions, times and methods of working necessary to prevent or minimise nuisance or interference being caused to any third parties or the Environment.

Project Site Conditions. 12.3.1 It is recorded that SANParks has made available to the Private Party for its information, prior to the Signature Date, all relevant data in SANParks’ possession on the conditions at of the Spa AENP Xxxx Braai Facility, including Environmental aspects. SANParks shall similarly make available to the Private Party all such similar information which comes into SANParks’ possession after the Signature Date. The Private Party shall be responsible for interpreting all such data. 12.3.2 Notwithstanding the provisions of Clause 12.3, the Private Party shall be deemed at the Signature Date to have obtained all necessary information as to risks, contingencies and other circumstances which may influence or affect the execution of the Project Deliverables. To the same extent, the Private Party shall be deemed as at the Signature Date to have inspected and examined the Spa AENP Xxxx Braai Facility, its surroundings, the above data and other available information. To this end, the climatic, hydrological, hydrogeological, ecological, Environmental, geotechnical, geological, palaeontological and archaeological conditions of the Spa AENP Xxxx Braai Facility ("Project Site Conditions") shall be the sole responsibility of the Private Party. Accordingly, without limiting any other obligations of the Private Party that are included in the Project Deliverables, the Private Party shall be deemed as at the Signature Date to have – 12.3.2.1 carried out an investigation of all Project Site Conditions and of any extraneous material in the Spa AENP Xxxx Braai Facility including its surface, sub-soil, ground water and flood line; 12.3.2.2 for the purpose of such investigation in Clause 12.3.2, inspected and examined the Spa AENP Xxxx Braai Facility and surroundings thereof; 12.3.2.3 satisfied itself as to the nature of the Project Site Conditions, the form and nature of the Spa AENP Xxxx Braai Facility, the risk of damage to property affecting the Spa Facility, AENP Xxxx Braai Facility the nature of the materials (whether natural or otherwise) to be excavated, if any, and the nature of the design, works and material necessary for the execution of the Project Deliverables and the remedying of any defects; and 12.3.2.4 satisfied itself as to the adequacy of – 12.3.2.4.1 its right of passage over, access to and through the Spa AENP Xxxx Braai Facility; and 12.3.2.4.2 any accommodation it may require for the purposes of fulfilling any of its obligations included in the Project Deliverables, such as any additional land or buildings located outside the Spa Facility; 12.3.2.5 satisfied itself as to the possibility of interference by persons (including pedestrian and vehicle traffic) with rights-of-way across, access to or use of the Spa AENP Xxxx Braai Facility with particular regard to the owners and users of any land adjacent to the Spa AENP Xxxx Braai Facility and the Protected Area; and 12.3.2.6 satisfied itself as to the precautions, times and methods of working necessary to prevent or minimise nuisance or interference being caused to any third parties or the Environment.

Project Site Conditions. 12.3.1 It is recorded that SANParks has made available to the Private Party for its information, prior to the Signature Date, all relevant data in SANParks’ possession on the conditions at the Spa FacilityGeelbek Restaurant and with related tourism activities, including Environmental aspects. SANParks shall similarly make available to the Private Party all such similar information information, which comes into SANParks’ possession after the Signature Date. The Private Party shall be responsible for interpreting all such data. 12.3.2 Notwithstanding the provisions of Clause 12.3, the Private Party shall be deemed at the Signature Date to have obtained all necessary information as to risks, contingencies and other circumstances circumstances, which may influence or affect the execution of the Project Deliverables. To the same extent, the Private Party shall be deemed as at the Signature Date to have inspected and examined the Spa FacilityGeelbek Restaurant and with related tourism activities, its surroundings, the above data and other available information. To this end, the climatic, hydrological, hydrogeological, ecological, Environmental, geotechnical, geological, palaeontological paleontological and archaeological conditions of the Spa Facility Geelbek Restaurant and with related tourism activities ("Project Site Conditions") shall be the sole responsibility of the Private Party. Accordingly, without limiting any other obligations of the Private Party that are included in the Project Deliverables, the Private Party shall be deemed as at the Signature Date to have – 12.3.2.1 carried out an investigation of all Project Site Conditions and of any extraneous material in the Spa Facility Geelbek Restaurant and with related tourism activities including its surface, sub-soil, ground water and flood line; 12.3.2.2 for the purpose of such investigation in Clause 12.3.2, inspected and examined the Spa Facility Geelbek Restaurant and with related tourism activities and surroundings thereof; 12.3.2.3 satisfied itself as to the nature of the Project Site Conditions, the form and nature of the Spa FacilityGeelbek Restaurant and with related tourism activities, the risk of damage to property affecting the Spa FacilityGeelbek Restaurant and with related tourism activities, the nature of the materials (whether natural or otherwise) to be excavated, if any, and the nature of the design, works and material necessary for the execution of the Project Deliverables and the remedying of any defects; and 12.3.2.4 satisfied itself as to the adequacy of – 12.3.2.4.1 its right of passage over, access to and through the Spa FacilityGeelbek Restaurant and with related tourism activities; and 12.3.2.4.2 any accommodation it may require for the purposes of fulfilling any of its obligations included in the Project Deliverables, such as any additional land or buildings located outside the Spa FacilityGeelbek Restaurant and with related tourism activities; 12.3.2.5 satisfied itself as to the possibility of interference by persons (including pedestrian and vehicle traffic) with rights-of-way across, access to or use of the Spa Facility Geelbek Restaurant and with related tourism activities with particular regard to the owners and users of any land adjacent to the Spa Facility Geelbek Restaurant and with related tourism activities and the Protected Area; and 12.3.2.6 satisfied itself as to the precautions, times and methods of working necessary to prevent or minimise nuisance or interference being caused to any third parties or the Environment.

Project Site Conditions. 12.3.1 It is recorded that SANParks has made available to the Private Party for its information, prior to the Signature Date, all relevant data in SANParks’ possession on the conditions at the Spa Boulders Retail Facility, including Environmental aspects. SANParks shall similarly make available to the Private Party all such similar information which comes into SANParks’ possession after the Signature Date. The Private Party shall be responsible for interpreting all such data. 12.3.2 Notwithstanding the provisions of Clause 12.3, the Private Party shall be deemed at the Signature Date to have obtained all necessary information as to risks, contingencies and other circumstances which may influence or affect the execution of the Project Deliverables. To the same extent, the Private Party shall be deemed as at the Signature Date to have inspected and examined the Spa Boulders Retail Facility, its surroundings, the above data and other available information. To this end, the climatic, hydrological, hydrogeological, ecological, Environmental, geotechnical, geological, palaeontological and archaeological conditions of the Spa Boulders Retail Facility ("Project Site Conditions") shall be the sole responsibility of the Private Party. Accordingly, without limiting any other obligations of the Private Party that are included in the Project Deliverables, the Private Party shall be deemed as at the Signature Date to have – 12.3.2.1 carried out an investigation of all Project Site Conditions and of any extraneous material in the Spa Boulders Retail Facility including its surface, sub-soil, ground water and flood line; 12.3.2.2 for the purpose of such investigation in Clause 12.3.2, inspected and examined the Spa Boulders Retail Facility and surroundings thereof; 12.3.2.3 satisfied itself as to the nature of the Project Site Conditions, the form and nature of the Spa Boulders Retail Facility, the risk of damage to property affecting the Spa Boulders Retail Facility, the nature of the materials (whether natural or otherwise) to be excavated, if any, and the nature of the design, works and material necessary for the execution of the Project Deliverables and the remedying of any defects; and 12.3.2.4 satisfied itself as to the adequacy of – 12.3.2.4.1 its right of passage over, access to and through the Spa Boulders Retail Facility; and 12.3.2.4.2 any accommodation it may require for the purposes of fulfilling any of its obligations included in the Project Deliverables, such as any additional land or buildings located outside the Spa Facility; 12.3.2.5 satisfied itself as to the possibility of interference by persons (including pedestrian and vehicle traffic) with rights-of-way across, access to or use of the Spa Facility with particular regard to the owners and users of any land adjacent to the Spa Facility and the Protected Area; and 12.3.2.6 satisfied itself as to the precautions, times and methods of working necessary to prevent or minimise nuisance or interference being caused to any third parties or the Environment.

Project Site Conditions. 12.3.1 It is recorded that SANParks has made available to the Private Party for its information, prior to the Signature Date, all relevant data in SANParks’ possession on the conditions at the Spa FacilityXxxx Site, including Environmental aspects. SANParks shall similarly make available to the Private Party all such similar information which comes into SANParks’ possession after the Signature Date. The Private Party shall be responsible for interpreting all such data. 12.3.2 Notwithstanding the provisions of Clause 12.3, the Private Party shall be deemed at the Signature Date to have obtained all necessary information as to risks, contingencies and other circumstances which may influence or affect the execution of the Project Deliverables. To the same extent, the Private Party shall be deemed as at the Signature Date to have inspected and examined the Spa FacilityXxxx Site, its surroundings, the above data and other available information. To this end, the climatic, hydrological, hydrogeological, ecological, Environmental, geotechnical, geological, palaeontological and archaeological conditions of the Spa Facility Xxxx Braai Product ("Project Site Conditions") shall be the sole responsibility of the Private Party. Accordingly, without limiting any other obligations of the Private Party that are included in the Project Deliverables, the Private Party shall be deemed as at the Signature Date to have –‌ 12.3.2.1 carried out an investigation of all Project Site Conditions and of any extraneous material in the Spa Facility Xxxx Site including its surface, sub-soil, ground water and flood line; 12.3.2.2 for the purpose of such investigation in Clause 12.3.2, inspected and examined the Spa Facility Xxxx Site and surroundings thereof; 12.3.2.3 satisfied itself as to the nature of the Project Site Conditions, the form and nature of the Spa FacilityXxxx Braai Product, the risk of damage to property affecting the Spa FacilityXxxx Site, the nature of the materials (whether natural or otherwise) to be excavated, if any, and the nature of the design, works and material necessary for the execution of the Project Deliverables and the remedying of any defects; and; 12.3.2.4 satisfied itself as to the adequacy of – 12.3.2.4.1 its right of passage over, access to and through the Spa FacilityXxxx Braai Product; and 12.3.2.4.2 any accommodation it may require for the purposes of fulfilling any of its obligations included in the Project Deliverables, such as any additional land or buildings located outside the Spa FacilityXxxx Site; 12.3.2.5 satisfied itself as to the possibility of interference by persons (including pedestrian and vehicle traffic) with rights-of-way across, access to or use of the Spa Facility Xxxx Site with particular regard to the owners and users of any land adjacent to the Spa Facility Xxxx Site and the Protected Area; and 12.3.2.6 satisfied itself as to the precautions, times and methods of working necessary to prevent or minimise nuisance or interference being caused to any third parties or the Environment. 12.3.3 To avoid doubt, the Private Party accepts full responsibility for all matters in Clause 12.3.2 and the Private Party shall, in respect of the Xxxx Braai Product: 12.3.3.1 from the Signature Date, not be entitled to make any claim against SANParks whether in contract, delict or otherwise on any ground relating to the matters in Clause 12.3.2; and 12.3.3.2 from the Operation Commencement Date be responsible for and shall indemnify SANParks against - 12.3.3.2.1 all direct losses sustained by SANParks in consequence of cleaning- up and otherwise dealing with any potentially hazardous materials (being any natural or artificial substance, whether in solid, gaseous or liquid form) capable of causing harm to any human or any other living organism supported by the Environment or capable of damaging the Environment or public health or posing a threat to public safety including any pollutants and any hazardous, toxic, radioactive, noxious, corrosive or dangerous substances and all substances for which in each case liability or responsibility is imposed under applicable Environment Law at the Xxxx Site; and 12.3.3.2.2 any losses incurred by SANParks and/or a third party for any failure to implement, non-compliance or transgression whatsoever, whether intentional or negligent, and whether committed by the Private Party or any of its Subcontractors or contractors of the terms and conditions contained in the Environmental Specifications, it being recorded that the Private Party shall assume liability for such losses notwithstanding that it acts as agent on behalf of SANParks (as holder of the Environmental Specifications) in implementing the terms and conditions of the Environmental Specifications.

Project Site Conditions. 12.3.1 It is recorded that SANParks has made available to the Private Party for its information, prior to the Signature Date, all relevant data in SANParks’ possession on the conditions at the Spa Facility, including Environmental aspects. SANParks shall similarly make available to the Private Party all such similar information which comes into SANParks’ possession after the Signature Date. The Private Party shall be responsible for interpreting all such data. 12.3.2 Notwithstanding the provisions of Clause 12.3, the Private Party shall be deemed at the Signature Date to have obtained all necessary information as to risks, contingencies and other circumstances which may influence or affect the execution of the Project Deliverables. To the same extent, the Private Party shall be deemed as at the Signature Date to have inspected and examined the Spa Facility., its surroundings, the above data and other available information. To this end, the climatic, hydrological, hydrogeological, ecological, Environmental, geotechnical, geological, palaeontological and archaeological conditions of the Spa Facility Facility. ("Project Site Conditions") shall be the sole responsibility of the Private Party. Accordingly, without limiting any other obligations of the Private Party that are included in the Project Deliverables, the Private Party shall be deemed as at the Signature Date to have – 12.3.2.1 carried out an investigation of all Project Site Conditions and of any extraneous material in the Spa Facility Facility, including its surface, sub-soil, ground water and flood line; 12.3.2.2 for the purpose of such investigation in Clause 12.3.2, inspected and examined the Spa Facility Facility, and surroundings thereof; 12.3.2.3 satisfied itself as to the nature of the Project Site Conditions, the form and nature of the Spa Facility., the risk of damage to property affecting the Spa Facility, the Facility.the nature of the materials (whether natural or otherwise) to be excavated, if any, and the nature of the design, works and material necessary for the execution of the Project Deliverables and the remedying of any defects; and 12.3.2.4 satisfied itself as to the adequacy of – 12.3.2.4.1 its right of passage over, access to and through the Spa Facility.; and 12.3.2.4.2 any accommodation it may require for the purposes of fulfilling any of its obligations included in the Project Deliverables, such as any additional land or buildings located outside the Spa Facility; 12.3.2.5 satisfied itself as to the possibility of interference by persons (including pedestrian and vehicle traffic) with rights-of-way across, access to or use of the Spa Facility with .with particular regard to the owners and users of any land adjacent to the Spa Facility and .and the Protected Area; and 12.3.2.6 satisfied itself as to the precautions, times and methods of working necessary to prevent or minimise nuisance or interference being caused to any third parties or the Environment.

Project Site Conditions. 12.3.1 It is recorded that SANParks has made available to the Private Party for its information, prior to the Signature Date, all relevant data in SANParks’ possession on the conditions at the Spa Nkuhlu Precinct Facility, including Environmental aspects. SANParks shall similarly make available to the Private Party all such similar information which comes into SANParks’ possession after the Signature Date. The Private Party shall be responsible for interpreting all such data. 12.3.2 Notwithstanding the provisions of Clause 12.3, the Private Party shall be deemed at the Signature Date to have obtained all necessary information as to risks, contingencies and other circumstances which may influence or affect the execution of the Project Deliverables. To the same extent, the Private Party shall be deemed as at the Signature Date to have inspected and examined the Spa Nkuhlu Precinct Facility, its surroundings, the above data and other available information. To this end, the climatic, hydrological, hydrogeological, ecological, Environmental, geotechnical, geological, palaeontological and archaeological conditions of the Spa Nkuhlu Precinct Facility ("Project Site Conditions") shall be the sole responsibility of the Private Party. Accordingly, without limiting any other obligations of the Private Party that are included in the Project Deliverables, the Private Party shall be deemed as at the Signature Date to have – 12.3.2.1 carried out an investigation of all Project Site Conditions and of any extraneous material in the Spa Nkuhlu Precinct Facility including its surface, sub-soil, ground water and flood line; 12.3.2.2 for the purpose of such investigation in Clause 12.3.2, inspected and examined the Spa Nkuhlu Precinct Facility and surroundings thereof; 12.3.2.3 satisfied itself as to the nature of the Project Site Conditions, the form and nature of the Spa Nkuhlu Precinct Facility, the risk of damage to property affecting the Spa Nkuhlu Precinct Facility, the nature of the materials (whether natural or otherwise) to be excavated, if any, and the nature of the design, works and material necessary for the execution of the Project Deliverables and the remedying of any defects; and; 12.3.2.4 satisfied itself as to the adequacy of – 12.3.2.4.1 its right of passage over, access to and through the Spa Nkuhlu Precinct Facility; and 12.3.2.4.2 any accommodation it may require for the purposes of fulfilling any of its obligations included in the Project Deliverables, such as any additional land or buildings located outside the Spa Nkuhlu Precinct Facility; 12.3.2.5 satisfied itself as to the possibility of interference by persons (including pedestrian and vehicle traffic) with rights-of-way across, access to or use of the Spa Nkuhlu Precinct Facility with particular regard to the owners and users of any land adjacent to the Spa Nkuhlu Precinct Facility and the Protected Area; and 12.3.2.6 satisfied itself as to the precautions, times and methods of working necessary to prevent or minimise nuisance or interference being caused to any third parties or the Environment.

Project Site Conditions. 12.3.1 It is recorded that SANParks has made available to the Private Party for its information, prior to the Signature Date, all relevant data in SANParks’ possession on the conditions at the Spa Facility, including Environmental aspects. SANParks shall similarly make available to the Private Party all such similar information which comes into SANParks’ possession after the Signature Date. The Private Party shall be responsible for interpreting all such data. 12.3.2 Notwithstanding the provisions of Clause 12.3, the Private Party shall be deemed at the Signature Date to have obtained all necessary information as to risks, contingencies and other circumstances which may influence or affect the execution of the Project Deliverables. To the same extent, the Private Party shall be deemed as at the Signature Date to have inspected and examined the Spa Facility., its surroundings, the above data and other available information. To this end, the climatic, hydrological, hydrogeological, ecological, Environmental, geotechnical, geological, palaeontological and archaeological conditions of the Spa Facility Facility. ("Project Site Conditions") shall be the sole responsibility of the Private Party. Accordingly, without limiting any other obligations of the Private Party that are included in the Project Deliverables, the Private Party shall be deemed as at the Signature Date to have – 12.3.2.1 carried out an investigation of all Project Site Conditions and of any extraneous material in the Spa Facility Facility, including its surface, sub-soil, ground water and flood line; 12.3.2.2 for the purpose of such investigation in Clause 12.3.2, inspected and examined the Spa Facility Facility, and surroundings thereof; 12.3.2.3 satisfied itself as to the nature of the Project Site Conditions, the form and nature of the Spa Facility., the risk of damage to property affecting the Spa Facility, the Facility.the nature of the materials (whether natural or otherwise) to be excavated, if any, and the nature of the design, works and material necessary for the execution of the Project Deliverables and the remedying of any defects; and 12.3.2.4 satisfied itself as to the adequacy of – 12.3.2.4.1 its right of passage over, access to and through the Spa Facility; and 12.3.2.4.2 any accommodation it may require for the purposes of fulfilling any of its obligations included in the Project Deliverables, such as any additional land or buildings located outside the Spa Facility; 12.3.2.5 satisfied itself as to the possibility of interference by persons (including pedestrian and vehicle traffic) with rights-of-way across, access to or use of the Spa Facility with .with particular regard to the owners and users of any land adjacent to the Spa Facility and .and the Protected Area; and 12.3.2.6 satisfied itself as to the precautions, times and methods of working necessary to prevent or minimise nuisance or interference being caused to any third parties or the Environment.

Project Site Conditions. 12.3.1 It is recorded that SANParks has made available to the Private Party for its information, prior to the Signature Date, all relevant data in SANParks’ SANParks possession on the conditions at the Spa FacilityNAMAQUA FLOWERS BEACH LUXURY MOBILE TENTED CAMP, including Environmental aspects. SANParks shall similarly make available to the Private Party all such similar information which comes into SANParks’ SANParks possession after the Signature Date. The Private Party shall be responsible for interpreting all such data. 12.3.2 Notwithstanding the provisions of Clause 12.3, the Private Party shall be deemed at the Signature Date to have obtained all necessary information as to risks, contingencies and other circumstances which may influence or affect the execution of the Project Deliverables. To the same extent, the Private Party shall be deemed as at the Signature Date to have inspected and examined the Spa FacilityNAMAQUA FLOWERS BEACH LUXURY MOBILE TENTED CAMP, its surroundings, the above data and other available information. To this end, the climatic, hydrological, hydrogeological, ecological, Environmental, geotechnical, geological, palaeontological and archaeological conditions of the Spa Facility NAMAQUA FLOWERS BEACH LUXURY MOBILE TENTED CAMP ("Project Site Conditions") shall be the sole responsibility of the Private Party. Accordingly, without limiting any other obligations of the Private Party that are included in the Project Deliverables, the Private Party shall be deemed as at the Signature Date to have – 12.3.2.1 carried out an investigation of all Project Site Conditions and of any extraneous material in the Spa Facility NAMAQUA FLOWERS BEACH LUXURY MOBILE TENTED CAMP including its surface, sub-soil, ground water and flood line; 12.3.2.2 for the purpose of such investigation in Clause 12.3.2, inspected and examined the Spa Facility NAMAQUA FLOWERS BEACH LUXURY MOBILE TENTED CAMP and surroundings thereof; 12.3.2.3 satisfied itself as to the nature of the Project Site Conditions, the form and nature of the Spa FacilityNAMAQUA FLOWERS BEACH LUXURY MOBILE TENTED CAMP, the risk of damage to property affecting the Spa FacilityNAMAQUA FLOWERS BEACH LUXURY MOBILE TENTED CAMP, the nature of the materials (whether natural or otherwise) to be excavated, if any, and the nature of the design, works and material necessary for the execution of the Project Deliverables and the remedying of any defects; and; 12.3.2.4 satisfied itself as to the adequacy of – 12.3.2.4.1 its right of passage over, access to and through the Spa FacilityNAMAQUA FLOWERS BEACH LUXURY MOBILE TENTED CAMP; and 12.3.2.4.2 any accommodation it may require for the purposes of fulfilling any of its obligations included in the Project Deliverables, such as any additional land or buildings located outside the Spa FacilityNAMAQUA FLOWERS BEACH LUXURY MOBILE TENTED CAMP; 12.3.2.5 satisfied itself as to the possibility of interference by persons (including pedestrian and vehicle traffic) with rights-of-way across, access to or use of the Spa Facility NAMAQUA FLOWERS BEACH LUXURY MOBILE TENTED CAMP with particular regard to the owners and users of any land adjacent to the Spa Facility NAMAQUA FLOWERS BEACH LUXURY MOBILE TENTED CAMP and the Protected Area; and 12.3.2.6 satisfied itself as to the precautions, times and methods of working necessary to prevent or minimise nuisance or interference being caused to any third parties or the Environment. 12.4 To avoid doubt, the Private Party accepts full responsibility for all matters in Clause 12.3.2 and the Private Party shall, in respect of the NAMAQUA FLOWERS BEACH LUXURY MOBILE TENTED CAMP - 12.4.1 from the Signature Date, not be entitled to make any claim against SANParks whether in contract, delict or otherwise on any ground relating to the matters in Clause 12.3.2; and 12.4.2 from the Operation Commencement Date be responsible for and shall indemnify SANParks against - 12.4.2.1 all direct losses sustained by SANParks in consequence of cleaning- up and otherwise dealing with any potentially hazardous materials (being any natural or artificial substance, whether in solid, gaseous or liquid form) capable of causing harm to any human or any other living organism supported by the Environment or capable of damaging the Environment or public health or posing a threat to public safety including any pollutants and any hazardous, toxic, radioactive, noxious, corrosive or dangerous substances and all substances for which in each case liability or responsibility is imposed under applicable Environment Law at the NAMAQUA FLOWERS BEACH LUXURY MOBILE TENTED CAMP; and 12.4.2.2 any losses incurred by SANParks and/or a third party for any failure to implement, non-compliance or transgression whatsoever, whether intentional or negligent, and whether committed by the Private Party or any of its Subcontractors or contractors of the terms and conditions contained in the Environmental Specifications, it being recorded that the Private Party shall assume liability for such losses notwithstanding that it acts as agent on behalf of SANParks (as holder of the Environmental Specifications) in implementing the terms and conditions of the Environmental Specifications. 12.5 Suitability and Condition of the NAMAQUA FLOWERS BEACH LUXURY MOBILE TENTED CAMP

Project Site Conditions. 12.3.1 It is recorded that SANParks has made available to the Private Party for its information, prior to the Signature Date, all relevant data in SANParks’ SANParks possession on the conditions at the Spa FacilityMobile Tented Safari Facilities, including Environmental aspects. SANParks shall similarly make available to the Private Party all such similar information which that comes into SANParks’ SANParks possession after the Signature Date. The Private Party shall be responsible for interpreting all such data. 12.3.2 Notwithstanding the provisions of Clause 12.3, the Private Party shall be deemed at the Signature Date to have obtained all necessary information as to risks, contingencies and other circumstances which that may influence or affect the execution of the Project Deliverables. To the same extent, the Private Party shall be deemed as at the Signature Date to have inspected and examined the Spa FacilityProject Sites for the Mobile Tented Safari Facilities, its their surroundings, the above data and other available information. To this end, the climatic, hydrological, hydrogeological, ecological, Environmentalenvironmental, geotechnical, geological, palaeontological and archaeological conditions of the Spa Facility Mobile Tented Safari Facilities ("Project Site Conditions") shall be the sole responsibility of the Private Party. Accordingly, without limiting any other obligations of the Private Party that are included in the Project Deliverables, the Private Party shall be deemed as at the Signature Date to have –‌ 12.3.2.1 carried out an investigation of all Project Site Conditions and of any extraneous material in the Spa Facility Mobile Tented Safari Facilities including its surface, sub-soil, ground water and flood line; 12.3.2.2 for the purpose of such investigation in Clause 12.3.2, inspected and examined the Spa Facility Project Site for the Mobile Tented Safari Facilities and surroundings thereof; 12.3.2.3 satisfied itself as to the nature of the Project Site Conditions, the form and nature of the Spa FacilityMobile Tented Safari Facilities, the risk of damage to property affecting the Spa FacilityMobile Tented Safari Facilities, the nature of the materials (whether natural or otherwise) to be excavated, if any, and the nature of the design, works and material necessary for the execution of the Project Deliverables and the remedying of any defects; and; 12.3.2.4 satisfied itself as to the adequacy of – 12.3.2.4.1 its right of passage over, access to and through the Spa Facilityselected sites for the Mobile Tented Safari Facilities; and 12.3.2.4.2 any accommodation it may require for the purposes of fulfilling any of its obligations included in the Project Deliverables, such as any additional land or buildings located outside the Spa FacilityMobile Tented Safari Facilities; 12.3.2.5 satisfied itself as to the possibility of interference by persons (including pedestrian and vehicle traffic) with rights-of-way across, access to or use of the Spa Facility Mobile Tented Safari Facilities with particular regard to the owners and users of any land adjacent to the Spa Facility Mobile Tented Safari Facilities and the Protected Area; and 12.3.2.6 satisfied itself as to the precautions, times and methods of working necessary to prevent or minimise nuisance or interference being caused to any third parties or the Environment.

Project Site Conditions. 12.3.1 It is recorded that SANParks has made available to the Private Party for its information, prior to the Signature Date, all relevant data in SANParks’ possession on the conditions at the Spa Phalaborwa Gate Xxxx Braai Facility, including Environmental aspects. SANParks shall similarly make available to the Private Party all such similar information which comes into SANParks’ possession after the Signature Date. The Private Party shall be responsible for interpreting all such data. 12.3.2 Notwithstanding the provisions of Clause 12.3, the Private Party shall be deemed at the Signature Date to have obtained all necessary information as to risks, contingencies and other circumstances which may influence or affect the execution of the Project Deliverables. To the same extent, the Private Party shall be deemed as at the Signature Date to have inspected and examined the Spa Phalaborwa Gate Xxxx Braai Facility, its surroundings, the above data and other available information. To this end, the climatic, hydrological, hydrogeological, ecological, Environmental, geotechnical, geological, palaeontological and archaeological conditions of the Spa Phalaborwa Gate Xxxx Braai Facility ("Project Site Conditions") shall be the sole responsibility of the Private Party. Accordingly, without limiting any other obligations of the Private Party that are included in the Project Deliverables, the Private Party shall be deemed as at the Signature Date to have – 12.3.2.1 carried out an investigation of all Project Site Conditions and of any extraneous material in the Spa Phalaborwa Gate Xxxx Braai Facility including its surface, sub-soil, ground water and flood line; 12.3.2.2 for the purpose of such investigation in Clause 12.3.2, inspected and examined the Spa Phalaborwa Gate Xxxx Braai Facility and surroundings thereof; 12.3.2.3 satisfied itself as to the nature of the Project Site Conditions, the form and nature of the Spa Phalaborwa Gate Xxxx Braai Facility, the risk of damage to property affecting the Spa Facility, Phalaborwa Gate Xxxx Braai Facility the nature of the materials (whether natural or otherwise) to be excavated, if any, and the nature of the design, works and material necessary for the execution of the Project Deliverables and the remedying of any defects; and 12.3.2.4 satisfied itself as to the adequacy of – 12.3.2.4.1 its right of passage over, access to and through the Spa Phalaborwa Gate Xxxx Braai Facility; and 12.3.2.4.2 any accommodation it may require for the purposes of fulfilling any of its obligations included in the Project Deliverables, such as any additional land or buildings located outside the Spa Facility; 12.3.2.5 satisfied itself as to the possibility of interference by persons (including pedestrian and vehicle traffic) with rights-of-way across, access to or use of the Spa Phalaborwa Gate Xxxx Braai Facility with particular regard to the owners and users of any land adjacent to the Spa Phalaborwa Gate Xxxx Braai Facility and the Protected Area; and 12.3.2.6 satisfied itself as to the precautions, times and methods of working necessary to prevent or minimise nuisance or interference being caused to any third parties or the Environment.

Project Site Conditions. 12.3.1 It is recorded that SANParks has made available to the Private Party for its information, prior to the Signature Date, all relevant data in SANParks’ possession on the conditions at the Spa FacilityPhalaborwa Safari Lodge, including Environmental aspects. SANParks shall similarly make available to the Private Party all such similar information which comes into SANParks’ possession after the Signature Date. The Private Party shall be responsible for interpreting all such data. 12.3.2 Notwithstanding the provisions of Clause 12.3, the Private Party shall be deemed at the Signature Date to have obtained all necessary information as to risks, contingencies and other circumstances which may influence or affect the execution of the Project Deliverables. To the same extent, the Private Party shall be deemed as at the Signature Date to have inspected and examined the Spa FacilityPhalaborwa Safari Lodge, its surroundings, the above data and other available information. To this end, the climatic, hydrological, hydrogeological, ecological, Environmental, geotechnical, geological, palaeontological and archaeological conditions of the Spa Facility Phalaborwa Safari Lodge ("Project Site Conditions") shall be the sole responsibility of the Private Party. Accordingly, without limiting any other obligations of the Private Party that are included in the Project Deliverables, the Private Party shall be deemed as at the Signature Date to have – 12.3.2.1 carried out an investigation of all Project Site Conditions and of any extraneous material in the Spa Facility Phalaborwa Safari Lodge including its surface, sub-soil, ground water and flood line; 12.3.2.2 for the purpose of such investigation in Clause 12.3.2, inspected and examined the Spa Facility Phalaborwa Safari Lodge and surroundings thereof; 12.3.2.3 satisfied itself as to the nature of the Project Site Conditions, the form and nature of the Spa FacilityPhalaborwa Safari Lodge, the risk of damage to property affecting the Spa FacilityPhalaborwa Safari Lodge, the nature of the materials (whether natural or otherwise) to be excavated, if any, and the nature of the design, works and material necessary for the execution of the Project Deliverables and the remedying of any defects; and 12.3.2.4 satisfied itself as to the adequacy of – 12.3.2.4.1 its right of passage over, access to and through the Spa FacilityPhalaborwa Safari Lodge; and 12.3.2.4.2 any accommodation it may require for the purposes of fulfilling any of its obligations included in the Project Deliverables, such as any additional land or buildings located outside the Spa FacilityPhalaborwa Safari Lodge; 12.3.2.5 satisfied itself as to the possibility of interference by persons (including pedestrian and vehicle traffic) with rights-of-way across, access to or use of the Spa Facility Phalaborwa Safari Lodge with particular regard to the owners and users of any land adjacent to the Spa Facility Phalaborwa Safari Lodge and the Protected Area; and 12.3.2.6 satisfied itself as to the precautions, times and methods of working necessary to prevent or minimise nuisance or interference being caused to any third parties or the Environment.

Project Site Conditions. 12.3.1 It is recorded that SANParks has made available to the Private Party for its information, prior to the Signature Date, all relevant data in SANParks’ possession on the conditions at the Spa Treehouse Camp Facility, including Environmental aspects. SANParks shall similarly make available to the Private Party all such similar information which comes into SANParks’ possession after the Signature Date. The Private Party shall be responsible for interpreting all such data. 12.3.2 Notwithstanding the provisions of Clause 12.3, the Private Party shall be deemed at the Signature Date to have obtained all necessary information as to risks, contingencies and other circumstances which may influence or affect the execution of the Project Deliverables. To the same extent, the Private Party shall be deemed as at the Signature Date to have inspected and examined the Spa Treehouse Camp Facility, its surroundings, the above data and other available information. To this end, the climatic, hydrological, hydrogeological, ecological, Environmental, geotechnical, geological, palaeontological and archaeological conditions of the Spa Treehouse Camp Facility ("Project Site Conditions") shall be the sole responsibility of the Private Party. Accordingly, without limiting any other obligations of the Private Party that are included in the Project Deliverables, the Private Party shall be deemed as at the Signature Date to have – 12.3.2.1 carried out an investigation of all Project Site Conditions and of any extraneous material in the Spa Treehouse Camp Facility including its surface, sub-soil, ground water and flood line; 12.3.2.2 for the purpose of such investigation in Clause 12.3.2, inspected and examined the Spa Treehouse Camp Facility and surroundings thereof; 12.3.2.3 satisfied itself as to the nature of the Project Site Conditions, the form and nature of the Spa Treehouse Camp Facility, the risk of damage to property affecting the Spa Treehouse Camp Facility, the nature of the materials (whether natural or otherwise) to be excavated, if any, and the nature of the design, works and material necessary for the execution of the Project Deliverables and the remedying of any defects; and 12.3.2.4 satisfied itself as to the adequacy of – 12.3.2.4.1 its right of passage over, access to and through the Spa Treehouse Camp Facility; and 12.3.2.4.2 any accommodation it may require for the purposes of fulfilling any of its obligations included in the Project Deliverables, such as any additional land or buildings located outside the Spa Treehouse Camp Facility; 12.3.2.5 satisfied itself as to the possibility of interference by persons (including pedestrian and vehicle traffic) with rights-of-way across, access to or use of the Spa Treehouse Camp Facility with particular regard to the owners and users of any land adjacent to the Spa Treehouse Camp Facility and the Protected Area; and 12.3.2.6 satisfied itself as to the precautions, times and methods of working necessary to prevent or minimise nuisance or interference being caused to any third parties or the Environment. 12.4 To avoid doubt, the Private Party accepts full responsibility for all matters in Clause 12.3.2 and the Private Party shall, in respect of the Treehouse Camp Facility - 12.4.1 from the Signature Date, not be entitled to make any claim against SANParks whether in contract, delict or otherwise on any ground relating to the matters in Clause 12.3.2; and 12.4.2 from the Operation Commencement Date be responsible for and shall indemnify SANParks against - 12.4.2.1 all direct losses sustained by SANParks in consequence of cleaning-up and otherwise dealing with any potentially hazardous materials (being any natural or artificial substance, whether in solid, gaseous or liquid form) capable of causing harm to any human or any other living organism supported by the Environment or capable of damaging the Environment or public health or posing a threat to public safety including any pollutants and any hazardous, toxic, radioactive, noxious, corrosive or dangerous substances and all substances for which in each case liability or responsibility is imposed under applicable Environment Law at the Treehouse Camp Facility; and 12.4.2.2 any losses incurred by SANParks and/or a third party for any failure to implement, non-compliance or transgression whatsoever, whether intentional or negligent, and whether committed by the Private Party or any of its Subcontractors or contractors of the terms and conditions contained in the Environmental Specifications, it being recorded that the Private Party shall assume liability for such losses notwithstanding that it acts as agent on behalf of SANParks (as holder of the Environmental Specifications) in implementing the terms and conditions of the Environmental Specifications. 12.5 Suitability and Condition of the Treehouse Camp Facility

Project Site Conditions. 12.3.1 It is recorded that SANParks has made available to the Private Party for its information, prior to the Signature Date, all relevant data in SANParks’ possession on the conditions at the Spa Astronomy Facility, including Environmental aspects. SANParks shall similarly make available to the Private Party all such similar information which comes into SANParks’ possession after the Signature Date. The Private Party shall be responsible for interpreting all such data. 12.3.2 Notwithstanding the provisions of Clause 12.3, the Private Party shall be deemed at the Signature Date to have obtained all necessary information as to risks, contingencies and other circumstances which may influence or affect the execution of the Project Deliverables. To the same extent, the Private Party shall be deemed as at the Signature Date to have inspected and examined the Spa Astronomy Facility, its surroundings, the above data and other available information. To this end, the climatic, hydrological, hydrogeological, ecological, Environmental, geotechnical, geological, palaeontological and archaeological conditions of the Spa Astronomy Facility ("Project Site Conditions") shall be the sole responsibility of the Private Party. Accordingly, without limiting any other obligations of the Private Party that are included in the Project Deliverables, the Private Party shall be deemed as at the Signature Date to have – 12.3.2.1 carried out an investigation of all Project Site Conditions and of any extraneous material in the Spa Astronomy Facility including its surface, sub-soil, ground water and flood line; 12.3.2.2 for the purpose of such investigation in Clause 12.3.2, inspected and examined the Spa Astronomy Facility and surroundings thereof; 12.3.2.3 satisfied itself as to the nature of the Project Site Conditions, the form and nature of the Spa Astronomy Facility, the risk of damage to property affecting the Spa Astronomy Facility, the nature of the materials (whether natural or otherwise) to be excavated, if any, and the nature of the design, works and material necessary for the execution of the Project Deliverables and the remedying of any defects; and 12.3.2.4 satisfied itself as to the adequacy of – 12.3.2.4.1 its right of passage over, access to and through the Spa Astronomy Facility; and 12.3.2.4.2 any accommodation it may require for the purposes of fulfilling any of its obligations included in the Project Deliverables, such as any additional land or buildings located outside the Spa Astronomy Facility; 12.3.2.5 satisfied itself as to the possibility of interference by persons (including pedestrian and vehicle traffic) with rights-of-way across, access to or use of the Spa Astronomy Facility with particular regard to the owners and users of any land adjacent to the Spa Astronomy Facility and the Protected Area; and 12.3.2.6 satisfied itself as to the precautions, times and methods of working necessary to prevent or minimise nuisance or interference being caused to any third parties or the Environment. 12.4 To avoid doubt, the Private Party accepts full responsibility for all matters in Clause 12.3.2 and the Private Party shall, in respect of the Astronomy Facility - 12.4.1 from the Signature Date, not be entitled to make any claim against SANParks whether in contract, delict or otherwise on any ground relating to the matters in Clause 12.3.2; and 12.4.2 from the Operation Commencement Date be responsible for and shall indemnify SANParks against - 12.4.2.1 all direct losses sustained by SANParks in consequence of cleaning- up and otherwise dealing with any potentially hazardous materials (being any natural or artificial substance, whether in solid, gaseous or liquid form) capable of causing harm to any human or any other living organism supported by the Environment or capable of damaging the Environment or public health or posing a threat to public safety including any pollutants and any hazardous, toxic, radioactive, noxious, corrosive or dangerous substances and all substances for which in each case liability or responsibility is imposed under applicable Environment Law at the Astronomy Facility; and 12.4.2.2 any losses incurred by SANParks and/or a third party for any failure to implement, non-compliance or transgression whatsoever, whether intentional or negligent, and whether committed by the Private Party or any of its Subcontractors or contractors of the terms and conditions contained in the Environmental Specifications, it being recorded that the Private Party shall assume liability for such losses notwithstanding that it acts as agent on behalf of SANParks (as holder of the Environmental Specifications) in implementing the terms and conditions of the Environmental Specifications. 12.5 Suitability and Condition of the Astronomy Facility

Project Site Conditions. 12.3.1 It is recorded that SANParks has made available to the Private Party for its information, prior to the Signature Date, all relevant data in SANParks’ possession on the conditions at the Spa Restaurant Facility, including Environmental aspects. SANParks shall similarly make available to the Private Party all such similar information which comes into SANParks’ possession after the Signature Date. The Private Party shall be responsible for interpreting all such data. 12.3.2 Notwithstanding the provisions of Clause 12.3, the Private Party shall be deemed at the Signature Date to have obtained all necessary information as to risks, contingencies and other circumstances which may influence or affect the execution of the Project Deliverables. To the same extent, the Private Party shall be deemed as at the Signature Date to have inspected and examined the Spa Restaurant Facility, its surroundings, the above data and other available information. To this end, the climatic, hydrological, hydrogeological, ecological, Environmental, geotechnical, geological, palaeontological and archaeological conditions of the Spa Restaurant Facility ("Project Site Conditions") shall be the sole responsibility of the Private Party. Accordingly, without limiting any other obligations of the Private Party that are included in the Project Deliverables, the Private Party shall be deemed as at the Signature Date to have – 12.3.2.1 carried out an investigation of all Project Site Conditions and of any extraneous material in the Spa Restaurant Facility including its surface, sub-soil, ground water and flood line; 12.3.2.2 for the purpose of such investigation in Clause 12.3.2, inspected and examined the Spa Restaurant Facility and surroundings thereof; 12.3.2.3 satisfied itself as to the nature of the Project Site Conditions, the form and nature of the Spa Restaurant Facility, the risk of damage to property affecting the Spa Restaurant Facility, the nature of the materials (whether natural or otherwise) to be excavated, if any, and the nature of the design, works and material necessary for the execution of the Project Deliverables and the remedying of any defects; and 12.3.2.4 satisfied itself as to the adequacy of – 12.3.2.4.1 its right of passage over, access to and through the Spa Restaurant Facility; and 12.3.2.4.2 any accommodation it may require for the purposes of fulfilling any of its obligations included in the Project Deliverables, such as any additional land or buildings located outside the Spa Restaurant Facility; 12.3.2.5 satisfied itself as to the possibility of interference by persons (including pedestrian and vehicle traffic) with rights-of-way across, access to or use of the Spa Restaurant Facility with particular regard to the owners and users of any land adjacent to the Spa Restaurant Facility and the Protected Area; and 12.3.2.6 satisfied itself as to the precautions, times and methods of working necessary to prevent or minimise nuisance or interference being caused to any third parties or the Environment.

Project Site Conditions. 12.3.1 It is recorded that SANParks has made available to the Private Party for its information, prior to the Signature Date, all relevant data in SANParks’ possession on the conditions at the Spa FacilityPhabeni Education Centre, including Environmental aspects. SANParks shall similarly make available to the Private Party all such similar information which comes into SANParks’ possession after the Signature Date. The Private Party shall be responsible for interpreting all such data. 12.3.2 Notwithstanding the provisions of Clause 12.3, the Private Party shall be deemed at the Signature Date to have obtained all necessary information as to risks, contingencies and other circumstances which may influence or affect the execution of the Project Deliverables. To the same extent, the Private Party shall be deemed as at the Signature Date to have inspected and examined the Spa FacilityPhabeni Education Centre, its surroundings, the above data and other available information. To this end, the climatic, hydrological, hydrogeological, ecological, Environmental, geotechnical, geological, palaeontological and archaeological conditions of the Spa Facility Phabeni Education Centre ("Project Site Conditions") shall be the sole responsibility of the Private Party. Accordingly, without limiting any other obligations of the Private Party that are included in the Project Deliverables, the Private Party shall be deemed as at the Signature Date to have – 12.3.2.1 carried out an investigation of all Project Site Conditions and of any extraneous material in the Spa Facility Phabeni Education Centre including its surface, sub-soil, ground water and flood line; 12.3.2.2 for the purpose of such investigation in Clause 12.3.2, inspected and examined the Spa Facility Phabeni Education Centre and surroundings thereof; 12.3.2.3 satisfied itself as to the nature of the Project Site Conditions, the form and nature of the Spa FacilityPhabeni Education Centre, the risk of damage to property affecting the Spa FacilityPhabeni Education Centre, the nature of the materials (whether natural or otherwise) to be excavated, if any, and the nature of the design, works and material necessary for the execution of the Project Deliverables and the remedying of any defects; and 12.3.2.4 satisfied itself as to the adequacy of – 12.3.2.4.1 its right of passage over, access to and through the Spa FacilityPhabeni Education Centre; and 12.3.2.4.2 any accommodation it may require for the purposes of fulfilling any of its obligations included in the Project Deliverables, such as any additional land or buildings located outside the Spa FacilityPhabeni Education Centre; 12.3.2.5 satisfied itself as to the possibility of interference by persons (including pedestrian and vehicle traffic) with rights-of-way across, access to or use of the Spa Facility Phabeni Education Centre with particular regard to the owners and users of any land adjacent to the Spa Facility Phabeni Education Centre and the Protected Area; and 12.3.2.6 satisfied itself as to the precautions, times and methods of working necessary to prevent or minimise nuisance or interference being caused to any third parties or the Environment.