2.
In this Memorandum of Understating, unless the context otherwise
requires:
"Facilities" means the buildings and other facilities together with all
supporting infrastructure, plant and equipment which accede to the Project
Site, as required to enable the Private Party to exercise its rights and
perform its obligations included in the Project Deliverables;
"GoB" means the Government of the Republic of Botswana;
"Lease Agreement" means the Lease Agreement in respect of Plot 54385
in the Central Business District of Gaborone entered into between the
GoB and SADC;
"Member States" means the members of SADC, or where the context
indicates any one or more of them;
"MoU" means this memorandum of understanding and includes all
annexures or schedules hereto;
"Party" means each of the signatories to this MoU all being Member
States, and "Parties" has a corresponding meaning;
"PPP Agreement" means the proposed public private partnership
agreement for the Project;
"Private Party" means the preferred bidder in the Project procurement
process, once the PPP Agreement has been signed by the parties thereto;
"Project" means the provision by the private party of the project
deliverables to SADC including, inter alia:
(a)
carrying out the Works in respect of the facilities;
(b)
undertaking relocation; and
(c)
providing the services at the facilities;
each pursuant to and in accordance with the provisions of the PPP
Agreement where:
"Works" means the design, construction, fitting out, installation and
commissioning works to be undertaken by the private party in
respect of the facilities and the facilities assets, to enable it to meet
the design and construction specifications and performance
standards, as may be subsequently amended in accordance with
the PPP Agreement;
3