Common use of Substitute Entity Clause in Contracts

Substitute Entity. 32.4.1 Upon the occurrence of an event in Clause 24 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 to appoint a Substitute Entity, subject to agreement by the Lenders, that the Substitute Entity nominated by SANParks- 32.4.1.1 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; 32.4.1.2 has the financial and technical capability sufficient to perform and assume the obligations of the Private Party under the PPP Agreement and the Loan Agreements; and 32.4.1.3 has the financial capability to pay any damages or other sums outstanding which SANParks is entitled to receive from the Private Party before or at the time of such substitution. 32.4.2 In the event of SANParks appointing a Substitute Entity pursuant to this Clause 32.4, the provisions of Clause 18, shall apply, mutatis mutandis. 32.4.3 The Private Party shall reimburse SANParks with all costs incurred by SANParks in exercising any of its rights in terms of this Clause 32.4 (including, without limitation, any relevant increased administrative expenses). 32.4.4 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.

Substitute Entity. 32.4.1 29.4.1 Upon the occurrence of an event in Clause 24 21 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 to appoint a Substitute Entity, subject to agreement by the Lenders, that the Substitute Entity nominated by SANParks- 32.4.1.1 29.4.1.1 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; 32.4.1.2 29.4.1.2 has the financial and technical capability sufficient to perform and assume the obligations of the Private Party under the PPP Agreement and the Loan Agreements; and 32.4.1.3 29.4.1.3 has the financial capability to pay any damages or other sums outstanding which SANParks is entitled to receive from the Private Party before or at the time of such substitution. 32.4.2 29.4.2 In the event of SANParks appointing a Substitute Entity pursuant to this Clause 32.429.4, the provisions of Clause 18, shall apply, mutatis mutandis. 32.4.3 29.4.3 The Private Party shall reimburse SANParks with all costs incurred by SANParks in exercising any of its rights in terms of this Clause 32.4 29.4 (including, without limitation, any relevant increased administrative expenses). 32.4.4 29.4.4 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.

Substitute Entity. 32.4.1 30.4.1 Upon the occurrence of an event in Clause 24 23 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 to appoint a Substitute Entity, subject to agreement by the Lenders, that the Substitute Entity nominated by SANParks- 32.4.1.1 30.4.1.1 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; 32.4.1.2 30.4.1.2 has the financial and technical capability sufficient to perform and assume the obligations of the Private Party under the PPP Agreement and the Loan Agreements; and 32.4.1.3 30.4.1.3 has the financial capability to pay any damages or other sums outstanding which SANParks is entitled to receive from the Private Party before or at the time of such substitution. 32.4.2 30.4.2 In the event of SANParks appointing a Substitute Entity pursuant to this Clause 32.430.4, the provisions of Clause 18, a sale of business shall apply, mutatis mutandis. 32.4.3 30.4.3 The Private Party shall reimburse SANParks with all costs incurred by SANParks in exercising any of its rights in terms of this Clause 32.4 30.4 (including, without limitation, any relevant increased administrative expenses). 32.4.4 30.4.4 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.

Substitute Entity. 32.4.1 30.4.1 Upon the occurrence of an event in Clause 24 22 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 to appoint a Substitute Entity, subject to agreement by the Lenders, that the Substitute Entity nominated by SANParks- 32.4.1.1 30.4.1.1 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; 32.4.1.2 30.4.1.2 has the financial and technical capability sufficient to perform and assume the obligations of the Private Party under the PPP Agreement and the Loan Agreements; and 32.4.1.3 30.4.1.3 has the financial capability to pay any damages or other sums outstanding which SANParks is entitled to receive from the Private Party before or at the time of such substitution. 32.4.2 30.4.2 In the event of SANParks appointing a Substitute Entity pursuant to this Clause 32.430.4, the provisions of Clause 18, a Sale of Business shall apply, mutatis mutandis. 32.4.3 30.4.3 The Private Party shall reimburse SANParks with all costs incurred by SANParks in exercising any of its rights in terms of this Clause 32.4 30.4 (including, without limitation, any relevant increased administrative expenses). 32.4.4 30.4.4 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.

Substitute Entity. 32.4.1 33.4.1 Upon the occurrence of an event in Clause 24 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 to appoint a Substitute Entity, subject to agreement by the Lenders, that the Substitute Entity nominated by SANParks- 32.4.1.1 33.4.1.1 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; 32.4.1.2 33.4.1.2 has the financial and technical capability sufficient to perform and assume the obligations of the Private Party under the PPP Agreement and the Loan Agreements; and 32.4.1.3 33.4.1.3 has the financial capability to pay any damages or other sums outstanding which SANParks is entitled to receive from the Private Party before or at the time of such substitution. 32.4.2 33.4.2 In the event of SANParks appointing a Substitute Entity pursuant to this Clause 32.433.4, the provisions of Clause 1818.7, shall apply, mutatis mutandis. 32.4.3 33.4.3 The Private Party shall reimburse SANParks with all costs incurred by SANParks in exercising any of its rights in terms of this Clause 32.4 33.4 (including, without limitation, any relevant increased administrative expenses). 32.4.4 33.4.4 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.

Substitute Entity. 32.4.1 Upon the occurrence of an event in Clause 24 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 to appoint a Substitute Entity, subject to agreement by the Lenders, that the Substitute Entity nominated by SANParks- 32.4.1.1 SANParks- 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; 32.4.1.2 ; has the financial and technical capability sufficient to perform and assume the obligations of the Private Party under the PPP Agreement and the Loan Agreements; and 32.4.1.3 and has the financial capability to pay any damages or other sums outstanding which SANParks is entitled to receive from the Private Party before or at the time of such substitution. 32.4.2 In the event of SANParks appointing a Substitute Entity pursuant to this Clause 32.4, the provisions of Clause 18, shall apply, mutatis mutandis. 32.4.3 The Private Party shall reimburse SANParks with all costs incurred by SANParks in exercising any of its rights in terms of this Clause 32.4 (including, without limitation, any relevant increased administrative expenses). 32.4.4 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.

Substitute Entity. 32.4.1 31.4.1 Upon the occurrence of an event in Clause 24 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 to appoint a Substitute Entity, subject to agreement by the Lenders, that the Substitute Entity nominated by SANParks- 32.4.1.1 31.4.1.1 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; 32.4.1.2 31.4.1.2 has the financial and technical capability sufficient to perform and assume the obligations of the Private Party under the PPP Agreement and the Loan Agreements; and 32.4.1.3 31.4.1.3 has the financial capability to pay any damages or other sums outstanding which SANParks is entitled to receive from the Private Party before or at the time of such substitution. 32.4.2 31.4.2 In the event of SANParks appointing a Substitute Entity pursuant to this Clause 32.431.4, the provisions of Clause 18, shall apply, mutatis mutandis. 32.4.3 31.4.3 The Private Party shall reimburse SANParks with all costs incurred by SANParks in exercising any of its rights in terms of this Clause 32.4 31.4 (including, without limitation, any relevant increased administrative expenses). 32.4.4 31.4.4 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.

Substitute Entity. 32.4.1 Upon the occurrence of an event in Clause 24 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 to appoint a Substitute Entity, subject to agreement by the Lenders, that the Substitute Entity nominated by SANParks- 32.4.1.1 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; 32.4.1.2 has the financial and technical capability sufficient to perform and assume the obligations of the Private Party under the PPP Agreement and the Loan Agreements; and 32.4.1.3 has the financial capability to pay any damages or other sums outstanding which SANParks is entitled to receive from the Private Party before or at the time of such substitution. 32.4.2 In the event of SANParks appointing a Substitute Entity pursuant to this Clause 32.4, the provisions of Clause 1818.3, shall apply, mutatis mutandis. 32.4.3 The Private Party shall reimburse SANParks with all costs incurred by SANParks in exercising any of its rights in terms of this Clause 32.4 (including, without limitation, any relevant increased administrative expenses). 32.4.4 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.