Common use of Operator Covenants Clause in Contracts

Operator Covenants. 8.1 Subject to the provisions of this Management Agreement, the Operator shall conduct and manage the Project: 8.1.1 at its own cost and risk; 8.1.2 in compliance with all applicable Regulatory Provisions and consents; 8.1.3 in compliance with all applicable health and safety standards; and 8.1.4 in accordance with Good Industry Practice; and 8.1.5 in accordance with SANParks tourism programme for the Park. 8.2 The Operator shall take all reasonable steps to ensure that all the Operator Parties visiting or working at the Houseboats, adhere to, abide by and comply with: 8.2.1 all Regulatory Provisions, the Environmental Specifications in respect of the Park and specifically in respect of the Houseboats; 8.2.2 the terms of this Management Agreement; and 8.2.3 any valid and enforceable directives or rules issued by the Park Manager from time to time. In cases where the Operator believes that the Park Manager has issued a directive or rule that is either not valid, or that impacts materially on the commercial soundness of the Project, the Operator shall have the right to appeal against such rule or directive with SANParks and/or any other person determined by SANParks, at its absolute sole discretion. SANParks and/or such other person determined by SANParks will verify whether the directive or rule in question was valid and consistent with practice elsewhere in the Park. Pending the results of such an appeal, the Operator shall abide by the said directive or rule. 8.3 The Operator shall be responsible for: 8.3.1 obtaining and keeping current all consents which may be required for the performance of its obligations under this Management Agreement; 8.3.2 implementing each consent within the period of its validity in accordance with its terms; 8.3.3 undertaking, according to the terms of this Management Agreement, all of its obligations within the time periods specified; and 8.3.4 maintaining and keeping the Houseboats clean including the area of responsibility described in Annexure 1 hereto. 8.4 Without prejudice to Clauses 8.3.1 and 8.3.2, the Operator shall obtain all necessary permits, approvals and/or licences in accordance with the Regulatory Provisions and shall comply with all conditions of any permit, approval or licence granted by any Relevant Authority and shall take all other necessary action required under the relevant Regulatory Provisions governing all facets of the conduct of the Project during the Project Term. 8.5 The Operator shall bear all risks and costs with respect to material damage to the Houseboats or the environment caused by the operation of the Houseboats during the Project Term arising from any act or omission of the Operator. 8.6 The Operator shall take all reasonable steps in the performance of its obligations hereunder to prevent and limit the occurrence of any environmental or health hazards and to ensure the health and safety of Operator Parties. 8.7 The Operator shall, upon the written request of SANParks, and at no cost to SANParks, make available at all times documents which are or were required or brought into existence by the Operator or supplied to the Operator from other parties to the Associated Agreements for the purposes of operating the Houseboats, or which the Operator is required to prepare in terms of this Management Agreement. 8.8 At the end of the Project Term or at such earlier time as may be provided herein, the Operator shall hand over the Houseboats and its rights or interest in the Houseboats to SANParks free of charges, liens, claims or encumbrances of any kind whatsoever, and free of any liabilities, in good condition, fair wear and tear excepted. The Operator shall not be entitled to payment of any compensation in connection therewith.

Operator Covenants. 8.1 16.1 Subject to the provisions of this Management Agreement, the Operator shall conduct and manage the ProjectManagement Services: 8.1.1 16.1.1 at its own cost and risk; 8.1.2 16.1.2 in compliance with all applicable Laws, Regulatory Provisions and consentsthe Consents; 8.1.3 16.1.3 in compliance with all applicable health and safety standards; and 8.1.4 16.1.4 in accordance with Good Industry Practice; and 8.1.5 in accordance with SANParks tourism programme for the Park. 8.2 16.2 The Operator shall take all reasonable steps to ensure that all the Operator Parties persons visiting or working at the HouseboatsSkukuza Facility, adhere to, abide by and comply with: 8.2.1 16.2.1 all Regulatory Provisions, the Environmental Specifications in respect of the Park KNP and specifically in respect of the HouseboatsSkukuza Facility and the EIA; 8.2.2 16.2.2 the terms of this Management Agreement; and 8.2.3 16.2.3 any valid and enforceable directives or rules issued by the Park Manager Managing Executive from time to time. In cases where the Operator believes that the Park Manager Managing Executive has issued a directive or rule that is either not valid, or that impacts materially on the commercial soundness of the ProjectManagement Services, the Operator shall have the right to appeal against such rule or directive with SANParks and/or any other person determined by SANParks, at in its sole and absolute sole discretion. SANParks and/or such other person determined by SANParks will verify whether the directive or rule in question was valid and consistent with practice elsewhere in the Park. Pending the results of such an appeal, the Operator shall abide by the said directive or rule. 8.3 16.3 The Operator shall be responsible for: 8.3.1 16.3.1 obtaining and keeping current all consents the Consents which may be required for the performance of its obligations under this Management Agreement; 8.3.2 16.3.2 implementing each consent within the period of its validity in accordance with its terms; 8.3.3 16.3.3 undertaking, according to the terms of this Management Agreement, all of its obligations within the time periods specified; and; 8.3.4 16.3.4 maintaining and keeping the Houseboats Skukuza Facility clean including the area of responsibility described in Annexure Schedule 1 hereto; and 16.3.5 maintaining the level 4 accreditation as defined in the GSSA (Green Building Council South Africa) for EBP (Existing Building performance). 8.4 16.4 Without prejudice to Clauses 8.3.1 16.3.1 and 8.3.216.3.2, the Operator shall obtain all necessary permits, approvals and/or licences in accordance with the Regulatory Provisions and shall comply with all conditions of any permit, approval or licence granted by any Relevant Authority and shall take all other necessary action required under the relevant Regulatory Provisions governing all facets of the conduct of the Project Management Services during the Project Term. 8.5 16.5 The Operator shall bear all risks and costs with respect to material damage to the Houseboats Skukuza Facility or the environment caused by the operation of the Houseboats Skukuza Facility during the Project Term arising from any act or whatsoever, including an omission of by the Operator. 8.6 16.6 The Operator shall take all reasonable steps in the performance of its obligations hereunder to prevent and limit the occurrence of any environmental or health hazards and to ensure the health and safety of Operator Partiespersons visiting the Skukuza Facility. 8.7 The Operator shall, upon the written request of 16.7 Unless otherwise agreed in writing by SANParks, and at no cost to SANParks, make available at all times documents which are or were required or brought into existence by the Operator or supplied to the Operator from and other parties to the Associated Agreements for the purposes of operating the Houseboats, or which the Operator is required to prepare in terms of this Management Agreement. 8.8 At the end of the Project Term or at such earlier time as may be provided herein, the Operator shall hand over the Houseboats and its rights or have no interest in the Houseboats to SANParks free of charges, liens, claims or encumbrances of any kind whatsoever, and free of any liabilities, in good condition, fair wear and tear excepted. The Operator shall not be entitled to payment of any compensation nor receive remuneration in connection therewithwith the Skukuza Facility except as provided for in the Agreement or the Associated Agreements.