Common use of Transfers to SANParks on Termination Clause in Contracts

Transfers to SANParks on Termination. On termination of this PPP Agreement for any reason in accordance with its terms after the Operation Commencement Date the Private Party shall: 28.2.1 procure that any Transferable Licensed Intellectual Property procured either by the Private Party or a Subcontractor and required for the continued performance of the Project Deliverables after the Termination Date shall be provided to SANParks and SANParks shall be granted a perpetual non- exclusive, royalty-free licence to use such Transferable Licensed Intellectual Property, irrespective of whether or not such Transferable Licensed Intellectual Property is owned by the Private Party or a Subcontractor, or not; 28.2.2 deliver to SANParks (as far as not already delivered to SANParks) one complete set of: 28.2.2.1 maintenance, operation and training manuals for the Mobile Tented Safari Facilities and where they do not exist, the Private Party has an obligation in terms of this PPP Agreement to acquire or prepare them; and 28.2.2.2 the historical operating data and plans of the Mobile Tented Safari Facilities, its furniture, fittings and equipment in a format acceptable to SANParks; 28.2.3 use all reasonable endeavours to procure that the benefit of all manufacturer’s warranties in respect of mechanical and electrical equipment used or made available by the Private Party under this PPP Agreement and included in the Project Assets are assigned, or otherwise transferred, to SANParks; 28.2.4 ensure that provision is made in all relevant contracts of any description whatsoever to which the Private Party or any Subcontractor is a party to ensure that SANParks will be in a position to exercise its rights, and the Private Party will be in a position to comply with its obligations in accordance herewith; 28.2.5 remove from the Mobile Tented Safari Facilities all property not required by SANParks and if it has not done so within 10 (ten) Business Days after any notice from SANParks requiring it to do so, SANParks may (without being responsible for any loss, damage, costs or expenses) remove and sell any such property and shall hold any proceeds less all costs incurred for the credit of the Private Party; 28.2.6 deliver to SANParks: 28.2.6.1 any keys, remote access apparatus and computer access cards relevant to the Mobile Tented Safari Facilities; 28.2.6.2 without prejudice to Clause 32 (Intellectual Property of SANParks), any copyright licences for any computer programmes (or licences to use the same) necessary for the operation of the Mobile Tented Safari Facilities, including without limitation, the Transferable Licensed Intellectual Property; 28.2.6.3 complete asset registers and data registers pertaining to the Project; and 28.2.7 vacate the Mobile Tented Safari Facilities and shall leave same in a safe, clean and orderly condition.

Transfers to SANParks on Termination. On termination of this PPP Agreement for any reason in accordance with its terms after the Operation Commencement Date the Private Party shall: 28.2.1 30.2.1 procure that any Transferable Licensed Intellectual Property procured either by the Private Party or a Subcontractor and required for the continued performance of the Project Deliverables after the Termination Date shall be provided to SANParks and SANParks shall be granted a perpetual non- exclusive, royalty-free licence to use such Transferable Licensed Intellectual Property, irrespective of whether or not such Transferable Licensed Intellectual Property is owned by the Private Party or a Subcontractor, or not; 28.2.2 30.2.2 deliver to SANParks (as far as not already delivered to SANParks) one complete set of: 28.2.2.1 30.2.2.1 maintenance, operation and training manuals for the Mobile Tented Safari Facilities Groote Xxxxxx Estate Tea Room and Restaurant and where they do not exist, the Private Party has an obligation in terms of this PPP Agreement to acquire or prepare them; and 28.2.2.2 30.2.2.2 the historical operating data and plans of the Mobile Tented Safari FacilitiesGroote Xxxxxx Estate Tea Room and Restaurant, its furniture, fittings and equipment in a format acceptable to SANParks; 28.2.3 30.2.3 use all reasonable endeavours to procure that the benefit of all manufacturer’s warranties in respect of mechanical and electrical equipment used or made available by the Private Party under this PPP Agreement and included in the Project Assets are assigned, or otherwise transferred, to SANParks; 28.2.4 30.2.4 ensure that provision is made in all relevant contracts of any description whatsoever to which the Private Party or any Subcontractor is a party to ensure that SANParks will be in a position to exercise its rights, and the Private Party will be in a position to comply with its obligations in accordance herewith; 28.2.5 30.2.5 remove from the Mobile Tented Safari Facilities Groote Xxxxxx Estate Tea Room and Restaurant all property not required by SANParks and if it has not done so within 10 (ten) Business Days after any notice from SANParks requiring it to do so, SANParks may (without being responsible for any loss, damage, costs or expenses) remove and sell any such property and shall hold any proceeds less all costs incurred for the credit of the Private Party; 28.2.6 30.2.6 deliver to SANParks: 28.2.6.1 30.2.6.1 any keys, remote access apparatus and computer access cards relevant to the Mobile Tented Safari FacilitiesGroote Xxxxxx Estate Tea Room and Restaurant; 28.2.6.2 30.2.6.2 without prejudice to Clause 32 39 (Intellectual Property of SANParks), any copyright licences for any computer programmes (or licences to use the same) necessary for the operation of the Mobile Tented Safari FacilitiesGroote Xxxxxx Estate Tea Room and Restaurant, including without limitation, the Transferable Licensed Intellectual Property; 28.2.6.3 30.2.6.3 complete asset registers and data registers pertaining to the Project; and 28.2.7 30.2.6.4 vacate the Mobile Tented Safari Facilities Groote Xxxxxx Estate Tea Room and Restaurant and shall leave same in a safe, clean and orderly condition.

Transfers to SANParks on Termination. On termination of this PPP Agreement for any reason in accordance with its terms after the Operation Commencement Date the Private Party shall: 28.2.1 30.2.1 procure that any Transferable Licensed Intellectual Property procured either by the Private Party or a Subcontractor and required for the continued performance of the Project Deliverables after the Termination Date shall be provided to SANParks and SANParks shall be granted a perpetual non- non-exclusive, royalty-free licence to use such Transferable Licensed Intellectual Property, irrespective of whether or not such Transferable Licensed Intellectual Property is owned by the Private Party or a Subcontractor, or not; 28.2.2 30.2.2 deliver to SANParks (as far as not already delivered to SANParks) one complete set of: 28.2.2.1 30.2.2.1 maintenance, operation and training manuals for the Mobile Tented Safari Facilities Phalaborwa Gate Xxxx Braai Facility and where they do not exist, the Private Party has an obligation in terms of this PPP Agreement to acquire or prepare them; and 28.2.2.2 30.2.2.2 the historical operating data and plans of the Mobile Tented Safari FacilitiesPhalaborwa Gate Xxxx Braai Facility, its furniture, fittings and equipment in a format acceptable to SANParks; 28.2.3 30.2.3 use all reasonable endeavours to procure that the benefit of all manufacturer’s warranties in respect of mechanical and electrical equipment used or made available by the Private Party under this PPP Agreement and included in the Project Assets are assigned, or otherwise transferred, to SANParks; 28.2.4 30.2.4 ensure that provision is made in all relevant contracts of any description whatsoever to which the Private Party or any Subcontractor is a party to ensure that SANParks will be in a position to exercise its rights, and the Private Party will be in a position to comply with its obligations in accordance herewith; 28.2.5 30.2.5 remove from the Mobile Tented Safari Facilities Phalaborwa Gate Xxxx Braai Facility all property not required by SANParks and if it has not done so within 10 (ten) Business Days after any notice from SANParks requiring it to do so, SANParks may (without being responsible for any loss, damage, costs or expenses) remove and sell any such property and shall hold any proceeds less all costs incurred for the credit of the Private Party; 28.2.6 30.2.6 deliver to SANParks: 28.2.6.1 30.2.6.1 any keys, remote access apparatus and computer access cards relevant to the Mobile Tented Safari FacilitiesPhalaborwa Gate Xxxx Braai Facility; 28.2.6.2 30.2.6.2 without prejudice to Clause 32 39 (Intellectual Property of SANParks), any copyright licences for any computer programmes (or licences to use the same) necessary for the operation of the Mobile Tented Safari FacilitiesPhalaborwa Gate Xxxx Braai Facility, including without limitation, the Transferable Licensed Intellectual Property;; and 28.2.6.3 30.2.6.3 complete asset registers and data registers pertaining to the Project; and; 28.2.7 30.2.7 vacate the Mobile Tented Safari Facilities Phalaborwa Gate Xxxx Braai Facility and shall leave same in a safe, clean and orderly condition.

Transfers to SANParks on Termination. On termination of this PPP Agreement for any reason in accordance with its terms after the Operation Commencement Date the Private Party shall: 28.2.1 30.2.1 procure that any Transferable Licensed Intellectual Property procured either by the Private Party or a Subcontractor and required for the continued performance of the Project Deliverables after the Termination Date shall be provided to SANParks and SANParks shall be granted a perpetual non- exclusive, royalty-free licence to use such Transferable Licensed Intellectual Property, irrespective of whether or not such Transferable Licensed Intellectual Property is owned by the Private Party or a Subcontractor, or not; 28.2.2 30.2.2 deliver to SANParks (as far as not already delivered to SANParks) one complete set of: 28.2.2.1 30.2.2.1 maintenance, operation and training manuals for the Mobile Tented Safari Facilities Xxxx Braai Product and where they do not exist, the Private Party has an obligation in terms of this PPP Agreement to acquire or prepare them; and 28.2.2.2 30.2.2.2 the historical operating data and plans of the Mobile Tented Safari FacilitiesXxxx Braai Product, its furniture, fittings and equipment in a format acceptable to SANParks; 28.2.3 30.2.2.3 use all reasonable endeavours to procure that the benefit of all manufacturer’s warranties in respect of mechanical and electrical equipment used or made available by the Private Party under this PPP Agreement and included in the Project Assets are assigned, or otherwise transferred, to SANParks; 28.2.4 30.2.3 ensure that provision is made in all relevant contracts of any description whatsoever to which the Private Party or any Subcontractor is a party to ensure that SANParks will be in a position to exercise its rights, and the Private Party will be in a position to comply with its obligations in accordance herewith; 28.2.5 30.2.4 remove from the Mobile Tented Safari Facilities Xxxx Site all property not required by SANParks and if it has not done so within 10 (ten) Business Days after any notice from SANParks requiring it to do so, SANParks may (without being responsible for any loss, damage, costs or expenses) remove and sell any such property and shall hold any proceeds less all costs incurred for the credit of the Private Party; 28.2.6 30.2.5 deliver to SANParks: 28.2.6.1 30.2.5.1 any keys, remote access apparatus and computer access cards relevant to the Mobile Tented Safari FacilitiesXxxx Site; 28.2.6.2 30.2.5.2 without prejudice to Clause 32 39 (Intellectual Property of SANParks), any copyright licences for any computer programmes (or licences to use the same) necessary for the operation of the Mobile Tented Safari FacilitiesXxxx Braai Product, including without limitation, the Transferable Licensed Intellectual Property; 28.2.6.3 30.2.5.3 complete asset registers and data registers pertaining to the Project; and 28.2.7 vacate the Mobile Tented Safari Facilities and shall leave same in a safe, clean and orderly condition.