Substitute Entity. 33.3.1 Upon the occurrence of an event in Clause 27 entitling SANParks to terminate this PPP Agreement, and upon the expiry of the remedy period (in the event a remedy period is provided), or, where no remedy period is provided, upon the occurrence of such event, SANParks shall have the right, subject to the PFMA, to appoint a substitute entity, that the substitute entity nominated by SANParks- 33.3.1.1 is legally and validly constituted and has the capability to enter into such agreements as may be reasonably required to give effect to the substitution; and 33.3.1.2 has the financial and technical capability sufficient to perform and assume the obligations of the Private Party under the PPP Agreement. 33.3.2 The Private Party shall reimburse SANParks with all costs incurred by SANParks in exercising any of its rights in terms of this Clause 33.3 (including, without limitation, any relevant increased administrative expenses and attorney and own client costs, where applicable). 33.3.3 The rights of SANParks under this Clause are in addition (and without prejudice) to any other right which SANParks may have in law to claim the amount of loss or damages suffered by SANParks on account of the acts or omissions of the Private Party.
Appears in 9 contracts
Samples: Public Private Partnership Agreement, Public Private Partnership Agreement, Public Private Partnership Agreement
Substitute Entity. 33.3.1 Upon the occurrence of an event in Clause 27 entitling SANParks to terminate this PPP Agreement, and upon the expiry of the remedy period (in the event a remedy period is provided), or, where no remedy period is provided, upon the occurrence of such event, SANParks shall have the right, subject to the PFMA, to appoint a substitute entity, that the substitute entity nominated by SANParks-
33.3.1.1 is legally and validly constituted and has the capability to enter into such agreements as may be reasonably required to give effect to the substitution; and;
33.3.1.2 has the financial and technical capability sufficient to perform and assume the obligations of the Private Party under the PPP Agreement.
33.3.2 The Private Party shall reimburse SANParks with all costs incurred by SANParks in exercising any of its rights in terms of this Clause 33.3 (including, without limitation, any relevant increased administrative expenses and attorney and own client costs, where applicable).
33.3.3 The rights of SANParks under this Clause are in addition (and without prejudice) to any other right which SANParks may have in law to claim the amount of loss or damages suffered by SANParks on account of the acts or omissions of the Private Party.
Appears in 3 contracts
Samples: Public Private Partnership Agreement, Public Private Partnership Agreement, Public Private Partnership Agreement
Substitute Entity. 33.3.1 Upon the occurrence of an event in Clause 27 entitling SANParks to terminate this PPP Agreement, and upon the expiry of the remedy period (in the event a remedy period is provided), or, where no remedy period is provided, upon the occurrence of such event, SANParks shall have the right, subject to the PFMA, to appoint a substitute entity, that the substitute entity nominated by SANParks-
33.3.1.1 is legally and validly constituted and has the capability to enter into such agreements as may be reasonably required to give effect to the substitution; and
33.3.1.2 has the financial and technical capability sufficient to perform and assume the obligations of the Private Party under the PPP Agreement.
33.3.2 The Private Party shall reimburse SANParks with all costs incurred by SANParks XXXXxxxx in exercising any of its rights in terms of this Clause 33.3 (including, without limitation, any relevant increased administrative expenses and attorney and own client costs, where applicable).
33.3.3 The rights of SANParks under this Clause are in addition (and without prejudice) to any other right which SANParks may have in law to claim the amount of loss or damages suffered by SANParks on account of the acts or omissions of the Private Party.
Appears in 2 contracts
Samples: Public Private Partnership Agreement, Public Private Partnership Agreement
Substitute Entity. 33.3.1 31.3.1 Upon the occurrence of an event in Clause 27 25 entitling SANParks to terminate this PPP Agreement, and upon the expiry of the remedy period (in the event a remedy period is provided), or, where no remedy period is provided, upon the occurrence of such event, SANParks shall have the right, subject to the PFMA, to appoint a substitute entity, that the substitute entity nominated by SANParks-
33.3.1.1 31.3.1.1 is legally and validly constituted and has the capability to enter into such agreements as may be reasonably required to give effect to the substitution; and
33.3.1.2 31.3.1.2 has the financial and technical capability sufficient to perform and assume the obligations of the Private Party under the PPP Agreement.
33.3.2 31.3.2 The Private Party shall reimburse SANParks with all costs incurred by SANParks in exercising any of its rights in terms of this Clause 33.3 31.3 (including, without limitation, any relevant increased administrative expenses and attorney and own client costs, where applicable).
33.3.3 31.3.3 The rights of SANParks under this Clause are in addition (and without prejudice) to any other right which SANParks may have in law to claim the amount of loss or damages suffered by SANParks on account of the acts or omissions of the Private Party.
Appears in 2 contracts
Samples: Public Private Partnership Agreement, Public Private Partnership Agreement
Substitute Entity. 33.3.1 Upon the occurrence of an event in Clause 27 entitling SANParks to terminate this PPP Agreement, and upon the expiry of the remedy period (in the event a remedy period is provided), or, where no remedy period is provided, upon the occurrence of such event, SANParks shall have the right, subject to the PFMA, to appoint a substitute entity, that the substitute entity nominated by SANParks-
33.3.1.1 is Is legally and validly constituted and has the capability to enter into such agreements as may be reasonably required to give effect to the substitution; and
33.3.1.2 has Has the financial and technical capability sufficient to perform and assume the obligations of the Private Party under the PPP Agreement.
33.3.2 The Private Party shall reimburse SANParks with all costs incurred by SANParks in exercising any of its rights in terms of this Clause 33.3 (including, without limitation, any relevant increased administrative expenses and attorney and own client costs, where applicable).
33.3.3 The rights of SANParks under this Clause are in addition (and without prejudice) to any other right which SANParks may have in law to claim the amount of loss or damages suffered by SANParks on account of the acts or omissions of the Private Party.
Appears in 1 contract
Samples: Public Private Partnership Agreement
Substitute Entity. 33.3.1 Upon the occurrence of an event in Clause 27 entitling SANParks to terminate this PPP Agreement, and upon the expiry of the remedy period (in the event a remedy period is provided), or, where no remedy period is provided, upon the occurrence of such event, SANParks shall have the right, subject to the PFMA, to appoint a substitute entity, provided that the substitute entity nominated by SANParks-
33.3.1.1 is legally and validly constituted and has the capability to enter into such agreements as may be reasonably required to give effect to the substitution; and
33.3.1.2 has the financial and technical capability sufficient to perform and assume the obligations of the Private Party under the PPP Agreement.
33.3.2 The Private Party shall reimburse SANParks with all costs incurred by SANParks XXXXxxxx in exercising any of its rights in terms of this Clause 33.3 (including, without limitation, any relevant increased administrative expenses and attorney and own client costs, where applicable).
33.3.3 The rights of SANParks under this Clause are in addition (and without prejudice) to any other right which SANParks may have in law to claim the amount of loss or damages suffered by SANParks on account of the acts or omissions of the Private Party.
Appears in 1 contract
Samples: Public Private Partnership Agreement
Substitute Entity. 33.3.1 34.3.1 Upon the occurrence of an event in Clause 27 28 entitling SANParks to terminate this PPP Agreement, and upon the expiry of the remedy period (in the event a remedy period is provided), or, where no remedy period is provided, upon the occurrence of such event, SANParks shall have the right, subject to the PFMA, to appoint a substitute entity, that the substitute entity nominated by SANParks-
33.3.1.1 34.3.1.1 is legally and validly constituted and has the capability to enter into such agreements as may be reasonably required to give effect to the substitution; and
33.3.1.2 34.3.1.2 has the financial and technical capability sufficient to perform and assume the obligations of the Private Party under the PPP Agreement.
33.3.2 34.3.2 The Private Party shall reimburse SANParks with all costs incurred by SANParks in exercising any of its rights in terms of this Clause 33.3 34.3 (including, without limitation, any relevant increased administrative expenses and attorney and own client costs, where applicable).
33.3.3 34.3.3 The rights of SANParks under this Clause are in addition (and without prejudice) to any other right which SANParks may have in law to claim the amount of loss or damages suffered by SANParks on account of the acts or omissions of the Private Party.
Appears in 1 contract
Samples: Public Private Partnership Agreement
Substitute Entity. 33.3.1 32.3.1 Upon the occurrence of an event in Clause 27 26 entitling SANParks to terminate this PPP Agreement, and upon the expiry of the remedy period (in the event a remedy period is provided), or, where no remedy period is provided, upon the occurrence of such event, SANParks shall have the right, subject to the PFMA, to appoint a substitute entity, that the substitute entity nominated by SANParks-
33.3.1.1 32.3.1.1 is legally and validly constituted and has the capability to enter into such agreements as may be reasonably required to give effect to the substitution; and
33.3.1.2 32.3.1.2 has the financial and technical capability sufficient to perform and assume the obligations of the Private Party under the PPP Agreement.
33.3.2 32.3.2 The Private Party shall reimburse SANParks with all costs incurred by SANParks in exercising any of its rights in terms of this Clause 33.3 32.3 (including, without limitation, any relevant increased administrative expenses and attorney and own client costs, where applicable).
33.3.3 32.3.3 The rights of SANParks under this Clause are in addition (and without prejudice) to any other right which SANParks may have in law to claim the amount of loss or damages suffered by SANParks on account of the acts or omissions of the Private Party.
Appears in 1 contract
Samples: Public Private Partnership Agreement