Substitute Entity Sample Clauses
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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.
Substitute Entity. 18.2.1 Upon the occurrence of an event in Clause 17.1 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 -
18.2.1.1 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;
18.2.1.2 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 as demonstrated by its ability to meet the criteria set out in Annexure VII; and
18.2.1.3 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.
18.2.2 If SANParks does not wish or is not able to nominate a Substitute Entity pursuant to Clause 18.2.1 or if there has been an event of default under the Loan Agreements and an acceleration of all amounts outstanding under the Loan Agreements, the Lenders shall have the right to appoint a Substitute Entity subject to agreement by SANParks that the Substitute Entity nominated by the Lenders:
18.2.2.1 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;
18.2.2.2 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 as demonstrated by its ability to meet the criteria set out in Part A of Annexure VII; and
18.2.2.3 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.
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. 32.1 Upon the occurrence of any event in clause 30 entitling the Developer to terminate this Concession Contract, 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, the Developer shall have the right to appoint a Substitute Entity.
32.2 Upon the appointment of a Substitute Entity in terms of clause 32.1 above, the rights and obligations of the Concessionaire under this Concession Contract shall be ceded and delegated to such Substitute Entity.
Substitute Entity. 19.1. Upon the occurrence of an event entitling the Authority to terminate this Licence, 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, the Authority shall have the right at its sole discretion to license a substitute entity to conduct the Operations on its behalf.
19.2. Immediately following the licensing of a substitute entity, the Licensee shall make available its Operating equipment and assets for a period not exceeding 90 (ninety) days. The Operating equipment shall be used at the cost and risk of the substitute entity.
Substitute Entity. 32.3.1 Upon the occurrence of an event in Clause 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-
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
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.
32.3.2 The Private Party shall reimburse SANParks with all costs incurred by ▇▇▇▇▇▇▇▇ in exercising any of its rights in terms of this Clause 32.3 (including, without limitation, any relevant increased administrative expenses and attorney and own client costs, where applicable).
Substitute Entity. Substitute entity nominated by the Council
Substitute Entity. 34.3.1 Upon the occurrence of an event in Clause 28 entitling SANParks to terminate this 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-
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
34.3.1.2 has the financial and technical capability sufficient to perform and assume the obligations of the Operator under the Agreement.
34.3.1.3 The Operator shall reimburse SANParks with all costs incurred by SANParks in exercising any of its rights in terms of this Clause 34.3 (including, without limitation, any relevant increased administrative expenses and attorney and own client costs, where applicable).
34.3.1.4 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 Operator.
