Common use of BREACH OF RULES Clause in Contracts

BREACH OF RULES. 7.1 A breach of any rule by a SBU shall also be deemed to be a breach by the Shareholder through whom the SBU derives their status; 7.2 Where a SBU has been guilty of a breach of the rules, the Board shall give written notice to the SBU and the Shareholder through whom the SBU derives their status setting out the nature of the breach (“the Charge”) and the sanction intended to be imposed; 7.3 The SBU and such Shareholder shall have fourteen (14) days to respond to the Charge; 7.4 If the SBU and such Shareholder fails to respond to the Charge within the fourteen (14) days aforesaid, the Board shall be entitled to impose the intended sanction; 7.5 In responding to the Charge the SBU and such Shareholder may elect to submit written representation to the Board in which event the SBU and such Shareholder shall be deemed to have waived the right to be heard by the Board in respect of the Charge; 7.6 In the event the SBU and such Shareholder make written submissions in response to the Charge to the Board, the Board shall be entitled to take into consideration the written submissions, and based thereon make a finding as to the breach of the Rules and as to the sanction that should be imposed and thereupon give written notice of its decision to the SBU and such Shareholder (“the Decision”) who shall have fourteen (14) days to appeal the Decision; 7.7 In the event that the SBU and such Shareholder in response to a Charge requests a hearing or in the event that the SBU and such Shareholder appeals a Decision then the Board shall convene a hearing, to be held on the Game Reserve, to consider the allegations of the breach, and the sanction to be imposed; 7.8 At the hearing, the SBU and such Shareholder shall be entitled to be present, and such other persons, whose evidence is relevant to the Charge shall be called to the hearing by the Board. No legal representation shall be permitted at such hearing; 7.9 The Board shall be entitled to set the procedure of the hearing and be entitled to take such evidence, in such form as the Board shall in its absolute discretion determine; 7.10 The SBU and such Shareholder shall be entitled to be heard and make submissions with regard to the breach and sanction; 7.11 The Board shall make a final decision, in respect of the Charge, within fourteen (14) days of 7.12 The SBU and such Shareholder affected by the Final Decision shall be entitled to appeal, to the Board within fourteen (14) days of receipt by it of the Final Decision; 7.13 The notice of appeal shall set forth in detail the grounds upon which the appeal is based and be sent to the Chairman, for the time being, of the Board with a copy to the members of the Board. Within fourteen (14) days of receipt of the notice of appeal, that Board shall be entitled to submit a reply to the notice of appeal and the grounds upon which the appeal is based; 7.14 Within fourteen (14) days of receipt of the notice of appeal and reply thereto, the Board shall convene a hearing of the appeal. At such a hearing, no further evidence may be led, by either party. The SBU and such Shareholder on the one hand and the Board on the other hand shall be entitled to make submissions, based on the notice of appeal and the response to the notice of appeal, as the case may be; 7.15 The Board shall determine the “Appeal Decision” within fourteen (14) days of the date of 7.16 The Appeal Decision of the Board shall be final and binding on the SBU and such Shareholder and the Board, and not be capable of any further appeal or review. 7.17 In the event of a breach of the Rules by a SBU and/or Shareholder the Board shall be entitled to impose a sanction, of the following; 7.17.1 Fine; and/or 7.17.2 A payment of compensation; and/or 7.17.3 A temporary suspension of certain or all of the rights accruing the SBU and/or the Shareholder; and/or 7.17.4 A permanent cancellation of some or all of the rights accruing to the SBU.