ARTICLE 2 UNDERTAKINGS This MoU shall be binding on all Member States. ARTICLE 3 DURATION This MoU shall subsist for such a period of time until it terminates upon the occurrence of the earlier of: (a) expiry of the PPP Agreement without the underwriting obligations of the GoB having been triggered; or (b) final determination and implementation of the consequences of any payment made by GoB as provided for in this MoU, including determination and implementation of the respective liability of the other Member States arising therefrom, as provided for in Article 5 herein. ARTICLE 4 NOMINATION AND OBLIGATIONS OF THE GOVERNMENT OF BOTSWANA 1. SADC Member States hereby acknowledge the need for a Member State amongst them to underwrite the financial obligations to be incurred by SADC under the PPP Agreement, and hereby request and nominate the GoB, which hereby accepts the request and nomination, to underwrite such obligations on their behalf. 2. SADC Member States acknowledge that the Project has undergone a competitive procurement process, and that the final mechanism for underwriting SADC's financial obligations is as set out in the PPP Agreement. 3. SADC Member States thus mandate the GoB to underwrite the financial obligations to be incurred by SADC under the PPP Agreement in accordance with the provisions of the PPP Agreement. 4. SADC Member States agree that the role of GoB in underwriting the financial obligations of SADC shall be limited to making payment, on behalf of SADC where SADC is unable to pay, or unable to pay timeously, of either the monthly unitary charge payable by SADC to the Private Party under the PPP Agreement, or of termination compensation in the event that the PPP Agreement is terminated early due to default by either SADC or the Private Party, or due to force majeure, corruption or any other trigger event that in terms of the PPP Agreement could lead to early termination thereof. 5