"Property" means the immovable property which is Plot number 54385 in
the Central Business District of Gaborone, with an area of 11,343m2, on
which the new headquarters for SADC with floor space area of
approximately 19,000m2 will be built and
includes all structures built
thereon and all fixtures, fittings, furniture, information technology and other
equipment provided by the Private Party under the PPP Agreement, but
excludes any item previously owned by SADC and brought to the new site
during the course of the PPP Agreement;
"SADC" means the Southern African Development Community, an
international organization set up under the 1992 Treaty establishing the
Southern African Development Community;
"SADC Secretariat" means the executive arm of SADC, with its
headquarters in Gaborone, Botswana.
3.
If any provision in a definition is a substantive provision conferring rights or
imposing obligations on any Party, notwithstanding that it is only in the
definition clause, effect shall be given to it as if it were a substantive
provision in the body of the MoU.
4.
When any number of days is prescribed in this MoU, same shall be
reckoned exclusively of the first and inclusively of the last day unless the
last day falls on a Saturday, Sunday or public holiday in the Republic of
Botswana, in which case the last day shall be the next succeeding day
which is not a Saturday, Sunday or public holiday in the Republic of
Botswana.
5.
Where figures are referred to in numerals and in words, if there is any
conflict between the two, the words shall prevail.
6.
Expressions defined in this MoU shall bear the same meanings in
schedules or annexures to this MoU which do not themselves contain their
own definitions.
7.
Where any term is defined within the context of any particular clause in
this MoU, the term so defined, unless it is clear from the clause in question
that the term so defined has limited application to the relevant clause,
shall bear the meaning ascribed to it for all purposes in terms of this MoU,
notwithstanding that that term has not been defined in this interpretation
clause.
8.
The words "include", "including" and "in particular" shall be construed as
being by way of example or emphasis only and shall not be construed as,
nor. shall they take effect as, limiting the generality of any preceding
word/s.
9.
The words "other" and "otherwise" shall not be construed eiusdem generis
with any preceding words where a wider construction is possible.
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