Common use of BREACH AND CANCELLATION Clause in Contracts

BREACH AND CANCELLATION. 16.1. Should the PURCHASER fail to comply with any of the terms or conditions of this Agreement within 7 (SEVEN) days of receipt of written demand, the SELLER shall on such breach be entitled without further notice, either; 16.1.1. to cancel this Agreement, take occupation of the PROPERTY and have the PROPERTY sold by auction or private treaty, in his sole discretion. The PURCHASER shall then be liable for all costs of such re-sale and any deficiency in price which results therefrom. All payments made by the PURCHASER to the SELLER and/or the AUCTIONEER pursuant to this Agreement shall then be regarded as "rouwkoop" and be forfeited by the PURCHASER in favour of the SELLER or be regarded as liquidated, pre-estimated damages; or 16.1.2. to hold the PURCHASER bound by this Agreement and to claim forthwith payment of the entire purchase price and any other damages caused because of such breach. 16.1.3. In the event of the cancellation of the sale following upon; 16.1.4. a breach by the PURCHASER, the PURCHASER shall forthwith become liable for and shall pay the AUCTIONEER’S commission and other costs and charges as herein set forth and the parties hereto agree that such commission and charges shall constitute a first charge against the deposit, if any, paid by the PURCHASER and shall be paid wholly or in part there from; 16.1.5. a breach by the SELLER, the SELLER shall forthwith become liable for and shall pay the AUCTIONEER’S commission and other costs and charges as herein set forth; 16.1.6. an agreement between the SELLER and the PURCHASER to which agreement the AUCTIONEER is not party, the SELLER and the PURCHASER shall forthwith become jointly and severally liable for and shall pay the AUCTIONEER’S commission and other costs and charges as herein set forth and the parties hereto agree that such commission and charges shall constitute a first charge against the deposit, if any, paid by the PURCHASER and shall be paid wholly or in part there from.

BREACH AND CANCELLATION. 16.128.1 If either Party (“the Defaulting Party”) fail to pay any amount, or fail to provide the guarantee(s) required in terms of this Agreement on due date, or commit a breach of any other of the terms and conditions of this agreement then the other party (“the Aggrieved Party”) will be entitled to give the Defaulting Party 5 (five) business days' (unless the transaction has already been lodged at the deeds office for registration, in which event the notice period will be reduced to 24 (twenty four) hours) written notice to remedy such breach. Should the PURCHASER Defaulting Party fail to comply with such notice, the Aggrieved Party shall be entitled, without prejudice to any other rights and remedies that it may have in law including the right to claim damages to: 28.1.1 cancel this Agreement without any further notice and claim damages and if the Purchaser being the defaulting party, the Seller shall be entitled to retain all monies paid by the Purchaser to the Seller and/or the Seller's agents or the Transferring Attorney in terms hereof, including monies paid as a deposit to the Transferring Attorney together with any interest earned thereon; pending determination of damages; or 28.1.2 to claim immediate performance and/or payment, of all the obligations of the defaulting party in terms or conditions of this Agreement within 7 (SEVEN) days Agreement, including immediate payment of receipt the balance and/or whole of written demand, the SELLER shall on such breach be entitled without further notice, either;purchase price in the event of the Purchaser being the defaulting party. 16.1.1. 28.2 Should either party dispute the other party’s right to cancel this Agreement, take occupation then pending the determination of the PROPERTY and have dispute, the PROPERTY sold Purchaser will be obliged to continue with the payment of all amounts payable by auction or private treaty, him in his sole discretion. The PURCHASER shall then be liable for all costs terms of such re-sale and any deficiency in price which results therefrom. All payments made by the PURCHASER to the SELLER and/or the AUCTIONEER pursuant to this Agreement shall then on the due dates thereof and the Seller will be regarded as "rouwkoop" entitled to recover and be accept those payments without prejudice to any of the Seller’s rights in terms of this Agreement. Failure to pay any of the aforesaid amounts will constitute a material breach of the Agreement. 28.3 Where the Purchaser has forfeited by the PURCHASER Deposit and other amounts in favour of the SELLER Seller or the Sellers has become entitled to retain the Deposit or other amounts paid to the Trust Account, the Transferring Attorney will be regarded as liquidated, pre-estimated damages; orobliged to pay such amounts to the Seller on demand. 16.1.2. to hold the PURCHASER bound by 28.4 Upon cancellation of this Agreement for any reason whatsoever, the Purchaser/all persons occupying the Property through him hereby undertakes to vacate the Property within 24 (twenty-four) hours of such cancellation and the Seller shall immediately be entitled to resell the Property. 28.5 If the Purchaser causes an unjustified delay in the registration of the Property and/or the registration of the bond, which delay results in the relevant documentation not being lodged for registration in the relevant deeds registry at the time of the lodging of the application for the opening of the Register and the registration of the Sectional Plan or the registration of the extension of the Scheme, the Seller will have the right, without prejudice to any other right or remedy he may have in law (including but not limited to the right to claim forthwith payment damages) to either: immediately cancel this Agreement or claim specific performance of the entire purchase price terms and any other damages caused because provisions of such breachthis Agreement. 16.1.3. 28.6 In the event that the Seller claims specific performance, the Purchaser shall in addition to the monthly levies and the monthly occupational interest, also be liable for the payment of an amount of R10 000,00 (Ten Thousand Rand) per month from the date on which the documentation pertaining to the opening of the Register and the registration of the Sectional Plan or the registration of the extension of the Scheme could have been lodged in the relevant deeds registry until the actual date of lodgement thereof. 28.7 Notwithstanding anything stated to the contrary herein, the Purchaser shall be entitled to cancel this Agreement by written notice to the Seller if the Seller fails to pass transfer of the Property into the name of the Purchaser within a period of 36 (thirty-six) months from the Signature Date, in which event the Purchaser shall be entitled to a refund of the Reservation Deposit and other amounts (if applicable) as contemplated in clause 26. 28.8 Should the contract be cancelled by agreement the Purchaser shall remain liable for costs incurred which costs cannot be recovered from a subsequent purchaser as liquidated damages. Such costs shall include but not be limited to the wasted costs for preparing and drafting documentation not exceeding R5,000.00 (Five Thousand Rand). 28.9 Should the sale be cancelled after complying with clause 8.2 due to the failure of the Purchaser in carrying out any of his obligations in terms of this agreement the Seller reserves the right to claim from the Purchaser who will be liable to the Seller for payment on demand of a cancellation fee of up to 5% of the Purchase Price as wasted costs as well as Agents commission as liquidated damages. 28.10 The reservation deposit or part thereof shall be used by the Seller/Agent to recover the costs mentioned in clause 28.8 and 28.9. The Seller and Purchaser authorise the Transferring Attorney to pay the amount due to the Agent/Seller from the Transferring Attorneys trust account within 5 (five) days of the cancellation of the sale following upon; 16.1.4. a breach by the PURCHASER, the PURCHASER shall forthwith become liable for and shall pay the AUCTIONEER’S commission and other costs and charges as herein set forth and the parties hereto agree that such commission and charges shall constitute a first charge against the deposit, if any, paid by the PURCHASER and shall be paid wholly or in part there from; 16.1.5. a breach by the SELLER, the SELLER shall forthwith become liable for and shall pay the AUCTIONEER’S commission and other costs and charges as herein set forth; 16.1.6. an agreement between the SELLER and the PURCHASER subject to which agreement the AUCTIONEER is not party, the SELLER and the PURCHASER shall forthwith become jointly and severally liable for and shall pay the AUCTIONEER’S commission and other costs and charges as herein set forth and the parties hereto agree that such commission and charges shall constitute a first charge against the deposit, if any, paid by the PURCHASER and shall be paid wholly or in part there fromclause 7.2.

BREACH AND CANCELLATION. 16.126.1 If either Party ("the Defaulting Party") fails to pay any amount, or fails to provide the guarantee(s) required in terms of this Agreement on the due date, or commits a breach of any other of the terms and conditions of this agreement then the other Party ("the Aggrieved Party") will be entitled to give the Defaulting Party 5 (five) business days (unless the transaction has already been lodged at the deeds office for registration, in which event the notice period will be reduced to 24 (twenty-four) hours written notice to remedy such breach. Should the PURCHASER Defaulting Party fail to comply with such notice, the Aggrieved Party shall be entitled, without prejudice, to any other rights and remedies that it may have in law, including the right to claim damages to: 26.1.1 hold the defaulting party to the contract and demand fulfilment of his obligations in terms thereof; or 26.1.2 cancel the terms or conditions Agreement without prejudice to the Aggrieved party’s rights without any further notice and claim damages suffered because of this Agreement within 7 (SEVEN) days of receipt of written demand, such breach. If the cancellation was due to the PURCHASER’S breach the SELLER shall on such breach be entitled to: 26.1.2.1 Retain all amounts paid by or on behalf of the PURCHASER on account of the purchase price as liquidated damages; and/or 26.1.2.2 claim all damages suffered by the SELLER by reason of such breach, in which event the parties hereby agree that the SELLER shall be entitled to retain any amounts paid under this agreement in reduction of such damages sustained by the SELLER without further notice, either;prejudice to the SELLER's rights to claim the balance of such damages from the PURCHASER. 16.1.1. 26.2 If the PURCHASER disputes the SELLER'S right to cancel this Agreement, take and/or remains in occupation of the PROPERTY and have UNIT after the PROPERTY sold by auction date of cancellation or private treatypurported cancellation, in his sole discretion. The the PURCHASER shall then continue to pay occupational interest as herein provided in consideration for continuing to occupy the UNIT. 26.3 Suppose the Seller institutes legal proceedings against the Purchaser due to his failure to fulfill his obligations in the Agreement. In that case, the Purchaser acknowledges that he will be liable for all costs of such re-sale and any deficiency in price which results therefrom. All payments made legal costs, including collection commission, incurred by the PURCHASER to Seller on an attorney and client scale. 26.4 Where the SELLER and/or Purchaser has forfeited the AUCTIONEER pursuant to this Agreement shall then be regarded as "rouwkoop" Deposit, and be forfeited by the PURCHASER other amounts in favour of the SELLER Seller or the Sellers have become entitled to retain the Deposit or different amounts paid to the Trust Account, the Transferring Attorney will be regarded as liquidated, pre-estimated damages; orobliged to pay such charges to the Seller on demand. 16.1.2. to hold the PURCHASER bound by 26.5 Upon cancellation of this Agreement the Purchaser/all persons occupying the Property through him will vacate the Property within 24 (twenty-four) hours of cancellation, and the Seller shall immediately be entitled to resell the property. 26.6 If the Purchaser causes an unjustified delay in the registration of the Property and/or bond, which delay results in the relevant documentation not being lodged for registration in the deeds registry, the Seller will have the right, without prejudice to any other right or remedy he may have in law (including but not limited to the right to claim forthwith payment damages) to either: immediately cancel this Agreement or claim specific performance of the entire purchase price terms and any other damages caused because provisions of such breachthis Agreement. 16.1.326.7 Notwithstanding anything stated to the contrary herein, the Purchaser shall be entitled to cancel this Agreement by written notice to the Seller if the Seller fails to pass transfer of the Property into the Purchaser's name within 36 (thirty-six) months from the Signature Date. In this event, the event Purchaser shall be entitled to a refund of the Reservation Deposit and other amounts (if applicable). 26.8 Should the contract be cancelled by agreement the Purchaser shall remain liable for costs incurred which costs cannot be recovered from a subsequent purchaser as liquidated damages. Such costs shall include but not be limited to the wasted costs for preparing and drafting documentation not exceeding R5,000.00 (Five Thousand Rand). 26.9 Should the sale be cancelled after complying with the suspensive conditions due to the failure of the Purchaser in carrying out any of his obligations in terms of this agreement the Seller reserves the right to claim from the Purchaser who will be liable to the Seller for payment on demand of a cancellation fee of up to 5% (five percent) of the Purchase Price as wasted costs as well as Agent’s commission as liquidated damages. 26.10 The reservation deposit or part thereof shall be used by the Seller/Agent to recover the costs Seller and Purchaser authorise the Transferring Attorney to pay the amount due to the Agent/Seller from the Transferring Attorneys trust account within 5 (five) days of the cancellation of the sale following upon; 16.1.4. a breach by the PURCHASER, the PURCHASER shall forthwith become liable for and shall pay the AUCTIONEER’S commission and other costs and charges as herein set forth and the parties hereto agree that such commission and charges shall constitute a first charge against the deposit, if any, paid by the PURCHASER and shall be paid wholly or in part there from; 16.1.5. a breach by the SELLER, the SELLER shall forthwith become liable for and shall pay the AUCTIONEER’S commission and other costs and charges as herein set forth; 16.1.6. an agreement between the SELLER and the PURCHASER to which agreement the AUCTIONEER is not party, the SELLER and the PURCHASER shall forthwith become jointly and severally liable for and shall pay the AUCTIONEER’S commission and other costs and charges as herein set forth and the parties hereto agree that such commission and charges shall constitute a first charge against the deposit, if any, paid by the PURCHASER and shall be paid wholly or in part there fromagreement.

BREACH AND CANCELLATION. 16.123.1. If either Party ("the Defaulting Party") fails to pay any amount, or fails to provide the guarantee(s) required in terms of this Agreement on the due date, or commits a breach of any other of the terms and conditions of this Agreement then the other Party ("the Aggrieved Party") will be entitled to give the Defaulting Party 5 (five) Business Days (unless the transaction has already been lodged at the deeds office for registration, in which event the notice period will be reduced to 24 (twenty-four) hours written notice to remedy such breach. Should the PURCHASER Defaulting Party fail to comply with such notice, the Aggrieved Party shall be entitled, without prejudice, to any other rights and remedies that it may have in law, including the right to claim damages to: 23.1.1. hold the defaulting party to the contract and demand fulfilment of his obligations in terms thereof; or 23.1.2. cancel the Agreement without prejudice to the Aggrieved party’s rights without any further notice and claim damages suffered because of such breach. If the cancellation was due to the Purchaser’s breach the Seller shall be entitled to: 23.1.2.1. Retain all amounts paid by or on behalf of the terms or conditions Purchaser on account of the purchase price as liquidated damages; and/or 23.1.2.2. claim all damages suffered by the Seller by reason of such breach, in which event the parties hereby agree that the Seller shall be entitled to retain any amounts paid under this Agreement within 7 (SEVEN) days in reduction of receipt such damages sustained by the Seller without prejudice to the Seller's rights to claim the balance of written demand, such damages from the SELLER shall on such breach be entitled without further notice, either;Purchaser. 16.1.123.2. If the Purchaser disputes the Seller's right to cancel this Agreement, take and/or remains in occupation of the PROPERTY and have Property after the PROPERTY sold by auction date of cancellation or private treatypurported cancellation, the Purchaser shall continue to pay occupational interest as herein provided in consideration for continuing to occupy the Property. 23.3. Suppose the Seller institutes legal proceedings against the Purchaser due to his sole discretionfailure to fulfill his obligations in the Agreement. The PURCHASER shall then In that case, the Purchaser acknowledges that he will be liable for all costs of such re-sale and any deficiency in price which results therefrom. All payments made legal costs, including collection commission, incurred by the PURCHASER to Seller on an attorney and client scale. Seller(s) Initial Purchaser(s) Initials Witnesses Initial 23.4. Where the SELLER and/or Purchaser has forfeited the AUCTIONEER pursuant to this Agreement shall then be regarded as "rouwkoop" Deposit, and be forfeited by the PURCHASER other amounts in favour of the SELLER Seller or the Sellers have become entitled to retain the Deposit or different amounts paid to the Trust Account, the Conveyancer will be regarded as liquidated, pre-estimated damages; orobliged to pay such charges to the Seller on demand. 16.1.223.5. to hold the PURCHASER bound by Upon cancellation of this Agreement the Purchaser/all persons occupying the Property through him will vacate the Property within 24 (twenty-four) hours of cancellation, and the Seller shall immediately be entitled to resell the Property. 23.6. If the Purchaser causes an unjustified delay in the registration of the Property and/or bond, which delay results in the relevant documentation not being lodged for registration in the deeds registry, the Seller will have the right, without prejudice to any other right or remedy he may have in law (including but not limited to the right to claim forthwith payment damages) to either: immediately cancel this Agreement or claim specific performance of the entire purchase price terms and any other damages caused because provisions of such breachthis Agreement. 16.1.323.7. Notwithstanding anything stated to the contrary herein, the Purchaser shall be entitled to cancel this Agreement by written notice to the Seller if the Seller fails to pass transfer of the Property into the Purchaser's name within 36 (thirty-six) months from the Signature Date. In this event, the event Purchaser shall be entitled to a refund of the Reservation Deposit and other amounts (if applicable). 23.8. Should the contract be cancelled by agreement the Purchaser shall remain liable for costs incurred which costs cannot be recovered from a subsequent purchaser as liquidated damages. Such costs shall include but not be limited to the wasted costs for preparing and drafting documentation not exceeding R5, 000.00 (Five Thousand Rand). 23.9. Should the sale be cancelled after complying with the suspensive conditions due to the failure of the Purchaser in carrying out any of his obligations in terms of this Agreement the Seller reserves the right to claim from the Purchaser who will be liable to the Seller for payment on demand of a cancellation fee of up to 5% (five percent) of the Purchase Price as wasted costs as well as Agent’s commission as liquidated damages. Seller(s) Initial Purchaser(s) Initials Witnesses Initial 23.10. The reservation deposit or part thereof shall be used by the Seller/Agent to recover the costs Seller and Purchaser authorise the Conveyancer to pay the amount due to the Agent/Seller from the Conveyancer’s trust account within 5 (five) days of the cancellation of the sale following upon; 16.1.4. a breach by the PURCHASER, the PURCHASER shall forthwith become liable for and shall pay the AUCTIONEER’S commission and other costs and charges as herein set forth and the parties hereto agree that such commission and charges shall constitute a first charge against the deposit, if any, paid by the PURCHASER and shall be paid wholly or in part there from; 16.1.5. a breach by the SELLER, the SELLER shall forthwith become liable for and shall pay the AUCTIONEER’S commission and other costs and charges as herein set forth; 16.1.6. an agreement between the SELLER and the PURCHASER to which agreement the AUCTIONEER is not party, the SELLER and the PURCHASER shall forthwith become jointly and severally liable for and shall pay the AUCTIONEER’S commission and other costs and charges as herein set forth and the parties hereto agree that such commission and charges shall constitute a first charge against the deposit, if any, paid by the PURCHASER and shall be paid wholly or in part there fromAgreement.

BREACH AND CANCELLATION. 16.1If either Party (“the Defaulting Party”) fails to pay any amount, or fails to provide the guarantee(s) required in terms of this Agreement on due date, or commits a breach of any other of the terms and conditions of this Agreement then the other Party (“the Aggrieved Party”) will be entitled to give the Defaulting Party 5 (five) business days' (unless the transaction has already been lodged at the deeds office for registration, in which event the notice period will be reduced to 24 (twenty four) hours) written notice to remedy such breach. Should the PURCHASER Defaulting Party fail to comply with such notice, the Aggrieved Party shall be entitled, without prejudice to any other rights and remedies that it may have in law including the right to claim damages to: cancel this Agreement without any further notice and claim damages and in the event that the Purchaser is the Defaulting Party, the Seller shall be entitled to retain all monies paid by the Purchaser to the Seller and/or the Seller's agents or the Transferring Attorney in terms hereof, including monies paid as a deposit to the Transferring Attorney together with any interest earned thereon; pending determination of damages; or to claim immediate performance and/or payment, of all the obligations of the Defaulting party in terms or conditions of this Agreement within 7 (SEVEN) days Agreement, including immediate payment of receipt the balance and/or whole of written demand, the SELLER shall on such breach be entitled without further notice, either; 16.1.1Purchase Price in the event of the Purchaser being the Defaulting Party. Should either Party dispute the other Party’s right to cancel this Agreement, take occupation then pending the determination of the PROPERTY and have dispute, the PROPERTY sold Purchaser will be obliged to continue with the payment of all amounts payable by auction or private treaty, him in his sole discretion. The PURCHASER shall then be liable for all costs terms of such re-sale and any deficiency in price which results therefrom. All payments made by the PURCHASER to the SELLER and/or the AUCTIONEER pursuant to this Agreement shall then on the due dates thereof and the Seller will be regarded as "rouwkoop" entitled to recover and be accept those payments without prejudice to any of the Seller’s rights in terms of this Agreement. Failure to pay any of the aforesaid amounts will constitute a material breach of the Agreement. Where the Purchaser has forfeited by the PURCHASER Deposit and other amounts in favour of the SELLER Seller or the Sellers has become entitled to retain the Deposit or other amounts paid to the Trust Account, the Transferring Attorney will be regarded as liquidated, pre-estimated damages; or 16.1.2obliged to pay such amounts to the Seller on demand. to hold the PURCHASER bound by Upon cancellation of this Agreement for any reason whatsoever, the Purchaser/all persons occupying the Property through him hereby undertakes to vacate the Property within 24 (twenty- four) hours of such cancellation and the Seller shall immediately be entitled to resell the Property. If the Purchaser causes an unjustified delay in the registration of the Property and/or the registration of the bond, which delay results in the relevant documentation not being lodged for registration in the relevant deeds registry at the time of the lodging of the application for the opening of the Sectional Title Register and the registration of the Sectional Plan, the Seller will have the right, without prejudice to any other right or remedy he may have in law (including but not limited to the right to claim forthwith payment damages) to either: immediately cancel this Agreement or claim specific performance of the entire purchase price terms and any other damages caused because provisions of such breach. 16.1.3this Agreement. In the event that the Seller claims specific performance, the Purchaser shall in addition to the monthly levies and the monthly occupational interest, also be liable for the payment of an amount of R10 000,00 (Ten Thousand Rand) per month from the date on which the documentation pertaining to the opening of the Sectional Title Register and the registration of the Sectional Plan could have been lodged in the relevant deeds registry until the actual date of lodgement thereof. Notwithstanding anything stated to the contrary herein, the Purchaser shall be entitled to cancel this Agreement by written notice to the Seller if the Seller fails to pass transfer of the Property into the name of the Purchaser within a period of 36 (thirty-six) months from the Signature Date, in which event the Purchaser shall be entitled to a refund of the Reservation Deposit and other amounts (if applicable) as contemplated in clause 25. Should the Agreement be cancelled by agreement the Purchaser shall remain liable for costs incurred which costs cannot be recovered from a subsequent purchaser as liquidated damages. Such costs shall include but not be limited to the wasted costs for preparing and drafting documentation not exceeding R5,000.00 (Five Thousand Rand). Should the Agreement be cancelled after complying with clause 8.2 due to the failure of the Purchaser in carrying out any of his obligations in terms of this Agreement the Seller reserves the right to claim from the Purchaser who will be liable to the Seller for payment on demand of a cancellation fee of up to 5% of the Purchase Price as wasted costs as well as Agents commission as liquidated damages. The Reservation Seposit or part thereof shall be used by the Seller/Agent to recover the costs mentioned in clause 27.8 and 27.9. The Seller and Purchaser authorise the Transferring Attorney to pay the amount due to the Agent/Seller from the Transferring Attorneys trust account within 5 (five) days of the cancellation of the sale following upon; 16.1.4. a breach by the PURCHASER, the PURCHASER shall forthwith become liable for and shall pay the AUCTIONEER’S commission and other costs and charges as herein set forth and the parties hereto agree that such commission and charges shall constitute a first charge against the deposit, if any, paid by the PURCHASER and shall be paid wholly or in part there from; 16.1.5. a breach by the SELLER, the SELLER shall forthwith become liable for and shall pay the AUCTIONEER’S commission and other costs and charges as herein set forth; 16.1.6. an agreement between the SELLER and the PURCHASER Agreement subject to which agreement the AUCTIONEER is not party, the SELLER and the PURCHASER shall forthwith become jointly and severally liable for and shall pay the AUCTIONEER’S commission and other costs and charges as herein set forth and the parties hereto agree that such commission and charges shall constitute a first charge against the deposit, if any, paid by the PURCHASER and shall be paid wholly or in part there fromclause 7.2.

BREACH AND CANCELLATION. 16.1. Should 12.1 If the PURCHASER fail to comply with Purchaser commits any of the terms or conditions breach of this Agreement agreement and fails to remedy such breach within 7 (SEVENseven) days of receipt after dispatch, by registered post or email, of written demandnotice requiring the Purchaser to remedy the breach complained of, then the SELLER Seller shall on such breach be entitled without further noticeeither:- 12.1.1 to enforce this agreement and to claim payment of all amounts payable in terms of this agreement, either;whether or not such amounts are then due for payment; or 16.1.1. 12.1.2 to cancel this Agreement, take occupation of the PROPERTY and have the PROPERTY sold agreement by auction or private treaty, in his sole discretion. The PURCHASER shall then be liable for all costs of such re-sale and any deficiency in price which results therefrom. All payments made by the PURCHASER written notice to the SELLER and/or the AUCTIONEER pursuant to this Agreement shall then be regarded as "rouwkoop" and be forfeited by the PURCHASER in favour of the SELLER or be regarded as liquidated, pre-estimated damages; or 16.1.2. to hold the PURCHASER bound by this Agreement and to claim forthwith payment of the entire purchase price and any other damages caused because of such breachPurchaser. 16.1.3. 12.1.3 It will be deemed that such notice has been received and the cancellation become effective if sent by registered mail within 5 days from date of sending and if sent by email within 24 hours of time of sending of email. 12.2 In the event of such cancellation: - 12.2.1 the cancellation Purchaser shall immediately deliver possession and occupation of the sale following uponProperty and any improvements therein to the Seller at the Purchaser’s expense; 16.1.4. a breach by 12.2.2 the PURCHASERPurchaser shall have no claim for compensation for any improvements to the Property, which improvements shall vest in the PURCHASER shall forthwith become liable for and shall pay the AUCTIONEER’S commission and other costs and charges as herein set forth and the parties hereto agree that such commission and charges shall constitute a first charge against the deposit, if any, Seller; 12.2.3 any amounts paid by the PURCHASER and Purchaser to the Seller shall be paid wholly or in part there from;forfeited to the Seller or, 16.1.5. a breach by 12.2.4 alternative to 12.2.3 at the SELLERSeller’s option, the SELLER Seller shall forthwith become be entitled to claim and recover such damages as the Seller may have suffered, pending determination of which the Seller shall be entitled to retain all amounts referred to in 12.2.3 to be set off against the said damages upon the determination thereof. 12.2.5 The Purchaser will be liable for the Conveyancing attorneys wasted costs in respect of the transfer and the bond as well as the agents commission. 12.3 any legal action against the Purchaser in terms hereof, the costs shall pay be payable on the AUCTIONEER’S commission scale as between attorney and own client. 12.4 The purchaser is not entitled to cancel the agreement or to request a lowering in the purchase price or any other costs and charges as herein set forth; 16.1.6. an agreement amount due to any difference or discrepancy between the SELLER and site plan, floor plan and/or section title plan and/or any amendment to the PURCHASER to which agreement the AUCTIONEER is not partyamount of, the SELLER and extent of or situation of any of the PURCHASER shall forthwith become jointly and severally liable for and shall pay the AUCTIONEER’S commission and other costs and charges as herein set forth and the parties hereto agree that such commission and charges shall constitute a first charge against the deposit, if any, paid by the PURCHASER and shall be paid wholly or in part there fromunits.

BREACH AND CANCELLATION. 16.1Except as otherwise provided in this paragraph, it is understood and agreed that if Forx Builders Association fails to open the show on the date and at the place as herein provided, or to furnish the space to the Exhibitor as herein described, or comparable space, it will refund to the Exhibitor all payments paid hereunder, which sum shall be in full satisfaction of all loss or damage suffered by the Exhibitor from such cause. Should If, however, the PURCHASER fail Forx Builders is unable to comply with open the Show as herein provided, or is compelled to postpone or relocate said Show on account of strikes, fires, casualties, acts of God or other causes beyond Forx Builders Association’s control, then it shall not be obligated to refund to the Exhibitor any payments paid hereunder nor shall Forx Builders be liable to the Exhibitor for any loss of any kind arising out of the terms cancellation, relocation or conditions rescheduling of this Agreement within 7 (SEVEN) days of receipt of written demandthe Show. In fairness to the Exhibitors and public alike, the SELLER shall on such breach be entitled Forx Builders reserves the right to refuse any exhibit, or any Exhibitor, or employee, which or who in the opinion of the Forx Builders is not in the best interest in the Show, and may at any time without further assigned causes, and without notice, either; 16.1.1. to cancel this Agreementthe Contract and remove the Exhibitor, take occupation of his agents and property from the PROPERTY and have the PROPERTY sold by auction or private treaty, in his sole discretion. The PURCHASER shall then be liable for all costs of such re-sale and any deficiency in price which results therefrom. All payments made by the PURCHASER to the SELLER and/or the AUCTIONEER pursuant to this Agreement shall then be regarded as "rouwkoop" and be forfeited by the PURCHASER in favour of the SELLER or be regarded as liquidated, pre-estimated damages; or 16.1.2. to hold the PURCHASER bound by this Agreement and to claim forthwith payment of the entire purchase price and any other damages caused because of such breach. 16.1.3building. In the event of such cancellation, the cancellation Exhibitor hereby waives any claim for damages or for the recovery of any rental monies. Cancellation of exhibit area must be made in writing . Absolutely no refunds will be made. Any Exhibitor violating any of the sale following upon; 16.1.4. a breach above rules and regulations shall upon oral notification by the PURCHASERForx Builders, forthwith comply with such rules and regulations. The Forx Builders reserves the PURCHASER shall forthwith become liable right, upon refusal of Exhibitor to comply herewith, to cancel Exhibitor’s lease and to remove, at Exhibitor’s expense, its exhibit and to retain all monies previously paid for and shall pay the AUCTIONEER’S commission and other costs and charges rent as herein set forth and the parties hereto agree that such commission and charges shall constitute a first charge against the deposit, if any, paid by the PURCHASER and shall be paid wholly or in part there from; 16.1.5. a breach by the SELLER, the SELLER shall forthwith become liable liquidated damages for and shall pay the AUCTIONEER’S commission and other costs and charges as herein set forth; 16.1.6. an agreement between the SELLER and the PURCHASER to which agreement the AUCTIONEER is not party, the SELLER and the PURCHASER shall forthwith become jointly and severally liable for and shall pay the AUCTIONEER’S commission and other costs and charges as herein set forth and the parties hereto agree that such commission and charges shall constitute a first charge against the deposit, if any, paid by the PURCHASER and shall be paid wholly or in part there fromExhibitor’s breach.

BREACH AND CANCELLATION. 16.128.1 If either Party (“the Defaulting Party”) fail to pay any amount, or fail to provide the guarantee(s) required in terms of this Agreement on due date, or commit a breach of any other of the terms and conditions of this agreement then the other party (“the Aggrieved Party”) will be entitled to give the Defaulting Party 5 (five) business days' (unless the transaction has already been lodged at the deeds office for registration, in which event the notice period will be reduced to 24 (twenty four) hours) written notice to remedy such breach. Should the PURCHASER Defaulting Party fail to comply with such notice, the Aggrieved Party shall be entitled, without prejudice to any other rights and remedies that it may have in law including the right to claim damages to: 28.1.1 cancel this Agreement without any further notice and claim damages and if the Purchaser being the defaulting party, the Seller shall be entitled to retain all monies paid by the Purchaser to the Seller and/or the Seller's agents or the Transferring Attorney in terms hereof, including monies paid as a deposit to the Transferring Attorney together with any interest earned thereon; pending determination of damages; or 28.1.2 to claim immediate performance and/or payment, of all the obligations of the defaulting party in terms or conditions of this Agreement within 7 (SEVEN) days Agreement, including immediate payment of receipt the balance and/or whole of written demand, the SELLER shall on such breach be entitled without further notice, either;purchase price in the event of the Purchaser being the defaulting party. 16.1.1. 28.2 Should either party dispute the other party’s right to cancel this Agreement, take occupation then pending the determination of the PROPERTY and have dispute, the PROPERTY sold Purchaser will be obliged to continue with the payment of all amounts payable by auction or private treaty, him in his sole discretion. The PURCHASER shall then be liable for all costs terms of such re-sale and any deficiency in price which results therefrom. All payments made by the PURCHASER to the SELLER and/or the AUCTIONEER pursuant to this Agreement shall then on the due dates thereof and the Seller will be regarded as "rouwkoop" entitled to recover and be accept those payments without prejudice to any of the Seller’s rights in terms of this Agreement. Failure to pay any of the aforesaid amounts will constitute a material breach of the Agreement. 28.3 Where the Purchaser has forfeited by the PURCHASER Deposit and other amounts in favour of the SELLER Seller or the Sellers has become entitled to retain the Deposit or other amounts paid to the Trust Account, the Transferring Attorney will be regarded as liquidated, pre-estimated damages; orobliged to pay such amounts to the Seller on demand. 16.1.2. to hold the PURCHASER bound by 28.4 Upon cancellation of this Agreement for any reason whatsoever, the Purchaser/all persons occupying the Property through him hereby undertakes to vacate the Property within 24 (twenty-four) hours of such cancellation and the Seller shall immediately be entitled to resell the Property. 28.5 If the Purchaser causes an unjustified delay in the registration of the Property and/or the registration of the bond, which delay results in the relevant documentation not being lodged for registration in the relevant deeds registry at the time of the lodging of the application for the opening of the Register and the registration of the Sectional Plan or the registration of the extension of the Scheme, the Seller will have the right, without prejudice to any other right or remedy he may have in law (including but not limited to the right to claim forthwith payment damages) to either: immediately cancel this Agreement or claim specific performance of the entire purchase price terms and any other damages caused because provisions of such breachthis Agreement. 16.1.3. 28.6 In the event that the Seller claims specific performance, the Purchaser shall in addition to the monthly levies and the monthly occupational interest, also be liable for the payment of an amount of R10 000,00 (Ten Thousand Rand) per month from the date on which the documentation pertaining to the opening of the Register and the registration of the Sectional Plan or the registration of the extension of the Scheme could have been lodged in the relevant deeds registry until the actual date of lodgement thereof. 28.7 Notwithstanding anything stated to the contrary herein, the Purchaser shall be entitled to cancel this Agreement by written notice to the Seller if the Seller fails to pass transfer of the Property into the name of the Purchaser within a period of 36 (thirty-six) months from the Signature Date, in which event the Purchaser shall be entitled to a refund of the Reservation Deposit and other amounts (if applicable) as contemplated in clause 26. 28.8 Should the contract be cancelled by agreement the Purchaser shall remain liable for costs incurred which costs cannot be recovered from a subsequent purchaser as liquidated damages. Such costs shall include but not be limited to the wasted costs for preparing and drafting documentation. 28.9 Should the sale be cancelled after complying with clause 8.2 due to the failure of the Purchaser in carrying out any of his obligations in terms of this agreement the Seller reserves the right to claim from the Purchaser who will be liable to the Seller for payment on demand of a cancellation fee of up to 5% of the Purchase Price as wasted costs as well as Agents commission as liquidated damages. 28.10 The reservation deposit or part thereof shall be used by the Seller/Agent to recover the costs mentioned in clause 28.8 and 28.9. The Seller and Purchaser authorise the Transferring Attorney to pay the amount due to the Agent/Seller from the Transferring Attorneys trust account within 5 (five) days of the cancellation of the sale following upon; 16.1.4. a breach by the PURCHASER, the PURCHASER shall forthwith become liable for and shall pay the AUCTIONEER’S commission and other costs and charges as herein set forth and the parties hereto agree that such commission and charges shall constitute a first charge against the deposit, if any, paid by the PURCHASER and shall be paid wholly or in part there from; 16.1.5. a breach by the SELLER, the SELLER shall forthwith become liable for and shall pay the AUCTIONEER’S commission and other costs and charges as herein set forth; 16.1.6. an agreement between the SELLER and the PURCHASER subject to which agreement the AUCTIONEER is not party, the SELLER and the PURCHASER shall forthwith become jointly and severally liable for and shall pay the AUCTIONEER’S commission and other costs and charges as herein set forth and the parties hereto agree that such commission and charges shall constitute a first charge against the deposit, if any, paid by the PURCHASER and shall be paid wholly or in part there fromclause 7.2.

BREACH AND CANCELLATION. 16.1If either Party (“the Defaulting Party”) fail to pay any amount, or fail to provide the guarantee(s) required in terms of this Agreement on due date, or commit a breach of any other of the terms and conditions of this agreement then the other party (“the Aggrieved Party”) will be entitled to give the Defaulting Party 5 (five) business days' (unless the transaction has already been lodged at the deeds office for registration, in which event the notice period will be reduced to 24 (twenty four) hours) written notice to remedy such breach. Should the PURCHASER Defaulting Party fail to comply with such notice, the Aggrieved Party shall be entitled, without prejudice to any other rights and remedies that it may have in law including the right to claim damages to: cancel this Agreement without any further notice and claim damages and if the Purchaser being the defaulting party, the Seller shall be entitled to retain all monies paid by the Purchaser to the Seller and/or the Seller's agents or the Transferring Attorney in terms hereof, including monies paid as a deposit to the Transferring Attorney together with any interest earned thereon; pending determination of damages; or to claim immediate performance and/or payment, of all the obligations of the defaulting party in terms or conditions of this Agreement within 7 (SEVEN) days Agreement, including immediate payment of receipt the balance and/or whole of written demand, the SELLER shall on such breach be entitled without further notice, either; 16.1.1purchase price in the event of the Purchaser being the defaulting party. Should either party dispute the other party’s right to cancel this Agreement, take occupation then pending the determination of the PROPERTY and have dispute, the PROPERTY sold Purchaser will be obliged to continue with the payment of all amounts payable by auction or private treaty, him in his sole discretion. The PURCHASER shall then be liable for all costs terms of such re-sale and any deficiency in price which results therefrom. All payments made by the PURCHASER to the SELLER and/or the AUCTIONEER pursuant to this Agreement shall then on the due dates thereof and the Seller will be regarded as "rouwkoop" entitled to recover and be accept those payments without prejudice to any of the Seller’s rights in terms of this Agreement. Failure to pay any of the aforesaid amounts will constitute a material breach of the Agreement. Where the Purchaser has forfeited by the PURCHASER Deposit and other amounts in favour of the SELLER Seller or the Sellers has become entitled to retain the Deposit or other amounts paid to the Trust Account, the Transferring Attorney will be regarded as liquidated, pre-estimated damages; or 16.1.2obliged to pay such amounts to the Seller on demand. to hold the PURCHASER bound by Upon cancellation of this Agreement for any reason whatsoever, the Purchaser/all persons occupying the Property through him hereby undertakes to vacate the Property within 24 (twenty- four) hours of such cancellation and the Seller shall immediately be entitled to resell the Property. If the Purchaser causes an unjustified delay in the registration of the Property and/or the registration of the bond, which delay results in the relevant documentation not being lodged for registration in the relevant deeds registry at the time of the lodging of the application for the opening of the Register and the registration of the Sectional Plan or the registration of the extension of the Scheme, the Seller will have the right, without prejudice to any other right or remedy he may have in law (including but not limited to the right to claim forthwith payment damages) to either: immediately cancel this Agreement or claim specific performance of the entire purchase price terms and any other damages caused because provisions of such breach. 16.1.3this Agreement. In the event that the Seller claims specific performance, the Purchaser shall in addition to the monthly levies and the monthly occupational interest, also be liable for the payment of an amount of R10 000,00 (Ten Thousand Rand) per month from the date on which the documentation pertaining to the opening of the Register and the registration of the Sectional Plan or the registration of the extension of the Scheme could have been lodged in the relevant deeds registry until the actual date of lodgement thereof. Notwithstanding anything stated to the contrary herein, the Purchaser shall be entitled to cancel this Agreement by written notice to the Seller if the Seller fails to pass transfer of the Property into the name of the Purchaser within a period of 36 (thirty-six) months from the Signature Date, in which event the Purchaser shall be entitled to a refund of the Reservation Deposit and other amounts (if applicable) as contemplated in clause 26. Should the contract be cancelled by agreement the Purchaser shall remain liable for costs incurred which costs cannot be recovered from a subsequent purchaser as liquidated damages. Such costs shall include but not be limited to the wasted costs for preparing and drafting documentation not exceeding R5,000.00 (Five Thousand Rand). Should the sale be cancelled after complying with clause 8.2 due to the failure of the Purchaser in carrying out any of his obligations in terms of this agreement the Seller reserves the right to claim from the Purchaser who will be liable to the Seller for payment on demand of a cancellation fee of up to 5% of the Purchase Price as wasted costs as well as Agents commission as liquidated damages. The reservation deposit or part thereof shall be used by the Seller/Agent to recover the costs mentioned in clause 28.8 and 28.9. The Seller and Purchaser authorise the Transferring Attorney to pay the amount due to the Agent/Seller from the Transferring Attorneys trust account within 5 (five) days of the cancellation of the sale following upon; 16.1.4. a breach by the PURCHASER, the PURCHASER shall forthwith become liable for and shall pay the AUCTIONEER’S commission and other costs and charges as herein set forth and the parties hereto agree that such commission and charges shall constitute a first charge against the deposit, if any, paid by the PURCHASER and shall be paid wholly or in part there from; 16.1.5. a breach by the SELLER, the SELLER shall forthwith become liable for and shall pay the AUCTIONEER’S commission and other costs and charges as herein set forth; 16.1.6. an agreement between the SELLER and the PURCHASER subject to which agreement the AUCTIONEER is not party, the SELLER and the PURCHASER shall forthwith become jointly and severally liable for and shall pay the AUCTIONEER’S commission and other costs and charges as herein set forth and the parties hereto agree that such commission and charges shall constitute a first charge against the deposit, if any, paid by the PURCHASER and shall be paid wholly or in part there fromclause 7.2.

BREACH AND CANCELLATION. 16.1. 9.1 Should the PURCHASER fail to comply with any of Tenant and/or the terms or conditions Resident be responsible for a material breach of this Agreement and/or fail to make due payment or remedy such breach (if capable of remedy) within 7 a period of ten (SEVEN10) business days of after receipt of written demand, notice of that effect from the SELLER Landlord: 9.1.1 the Landlord shall on such breach be entitled without further notice, either; 16.1.1. notice to the Tenant to cancel this Agreement without prejudice to any claims of any nature whatsoever which it may have against the Parties as a result thereof; 9.1.2 the Landlord shall impose a cancellation penalty on the Tenant and Resident, as set out below; 9.1.3 the Tenant and Resident will remain liable to the Landlord for any amounts owed in terms of this Agreement, take up to date of cancellation. 9.2 Should the Resident breach this Agreement due to breaching any of the House Rules (not being a material breach) 3 (three) times during the Lease Period the Landlord shall be entitled, but not obliged, to: 9.2.1 cancel this Agreement as at the end of the next calendar month immediately following the expiry of 20 (twenty) Business Days following the Landlord’s written notice to the Resident of its intention to cancel the Agreement; 9.2.2 impose a cancellation penalty on the Tenant and Resident, as set out below, in addition to any amounts owed to the Landlord in terms of this Agreement up to date of cancellation. 9.3 If the Tenant wishes to cancel this Agreement prior to the Termination Date, in terms of any right to do so, the: 9.3.1 Tenant shall be entitled to cancel this Agreement as at the end of the next calendar month immediately following the expiry of 20 (twenty) Business Days following the Tenant’s written notice to the Resident of its intention to cancel the Agreement; 9.3.2 Tenant remaining liable for the Rental Amount, cancellation penalty and any other amounts due to the Landlord up to date of cancellation; 9.3.3 Landlord shall be entitled to a cancellation penalty based on, amongst other factors the amount of the Rent payable, the remaining duration of the Agreement and the prospect for re-letting. 9.4 The Parties agree that in the event that a suitable replacement tenant is not procured to replace the Tenant prior to the cancellation date, the Landlord shall be entitled to charge a minimum cancellation penalty equal to three (3) months’ Rent. 9.5 While the Resident is in occupation of the PROPERTY Unit and have irrespective of any dispute between the PROPERTY sold by auction or private treatyParties, in his sole discretion. The PURCHASER then the Tenant shall then be liable for continue to pay all costs of such re-sale and any deficiency in price which results therefrom. All payments made by the PURCHASER amounts due to the SELLER and/or the AUCTIONEER pursuant to Landlord in terms of this Agreement shall then be regarded as "rouwkoop" and be forfeited by on the PURCHASER in favour due dates of the SELLER or be regarded as liquidated, pre-estimated damages; or 16.1.2. to hold the PURCHASER bound by this Agreement and to claim forthwith payment of the entire purchase price and any other damages caused because of such breach. 16.1.3. In the event of the cancellation of the sale following upon; 16.1.4. a breach by the PURCHASER, the PURCHASER shall forthwith become liable for and shall pay the AUCTIONEER’S commission and other costs and charges as herein set forth and the parties hereto agree that such commission and charges shall constitute a first charge against the deposit, if any, paid by the PURCHASER and shall be paid wholly or in part there from; 16.1.5. a breach by the SELLER, the SELLER shall forthwith become liable for and shall pay the AUCTIONEER’S commission and other costs and charges as herein set forth; 16.1.6. an agreement between the SELLER and the PURCHASER to which agreement the AUCTIONEER is not party, the SELLER and the PURCHASER shall forthwith become jointly and severally liable for and shall pay the AUCTIONEER’S commission and other costs and charges as herein set forth and the parties hereto agree that such commission and charges shall constitute a first charge against the deposit, if any, paid by the PURCHASER and shall be paid wholly or in part there from.same

BREACH AND CANCELLATION. 16.1. Should the PURCHASER fail to comply with any of the terms or conditions of this Agreement within 7 (SEVEN) days of receipt of written demand, the SELLER shall on such breach be entitled without further notice, either; 16.1.1. to cancel this Agreement, take occupation of the PROPERTY and have the PROPERTY sold by auction or private treaty, in his sole discretion. The PURCHASER shall then be liable for all costs of such re-sale and any deficiency in price which results therefrom. All payments made by the PURCHASER to the SELLER and/or the AUCTIONEER pursuant to this Agreement shall then be regarded as "rouwkoop" and be forfeited by the PURCHASER in favour of the SELLER or be regarded as liquidated, pre-estimated damages; or 16.1.2. to hold the PURCHASER bound by this Agreement and to claim forthwith payment of the entire purchase price and any other damages caused because as a result of such breach. 16.1.316.2. In the event of the cancellation of the sale following upon; 16.1.416.2.1. a breach by the PURCHASER, the PURCHASER shall forthwith become liable for and shall pay the AUCTIONEER’S commission and other costs and charges as herein set forth and the parties hereto agree that such commission and charges shall constitute a first charge against the deposit, if any, paid by the PURCHASER and shall be paid wholly or in part there fromtherefrom; 16.1.516.2.2. a breach by the SELLER, the SELLER shall forthwith become liable for and shall pay the AUCTIONEER’S commission and other costs and charges as herein set forth; 16.1.616.2.3. an agreement between the SELLER and the PURCHASER to which agreement the AUCTIONEER is not party, the SELLER and the PURCHASER shall forthwith become jointly and severally liable for and shall pay the AUCTIONEER’S commission and other costs and charges as herein set forth and the parties hereto agree that such commission and charges shall constitute a first charge against the deposit, if any, paid by the PURCHASER and shall be paid wholly or in part there fromtherefrom.

BREACH AND CANCELLATION. 16.128.1 If either Party (“the Defaulting Party”) fail to pay any amount, or fail to provide the guarantee(s) required in terms of this Agreement on due date, or commit a breach of any other of the terms and conditions of this agreement then the other party (“the Aggrieved Party”) will be entitled to give the Defaulting Party 5 (five) business days' (unless the transaction has already been lodged at the deeds office for registration, in which event the notice period will be reduced to 24 (twenty four) hours) written notice to remedy such breach. Should the PURCHASER Defaulting Party fail to comply with such notice, the Aggrieved Party shall be entitled, without prejudice to any other rights and remedies that it may have in law including the right to claim damages to: 28.1.1 cancel this Agreement without any further notice and claim damages and if the Purchaser being the defaulting party, the Seller shall be entitled to retain all monies paid by the Purchaser to the Seller and/or the Seller's agents or the Transferring Attorney in terms hereof, including monies paid as a deposit to the Transferring Attorney together with any interest earned thereon; pending determination of damages; or 28.1.2 to claim immediate performance and/or payment, of all the obligations of the defaulting party in terms or conditions of this Agreement within 7 (SEVEN) days Agreement, including immediate payment of receipt the balance and/or whole of written demand, the SELLER shall on such breach be entitled without further notice, either;purchase price in the event of the Purchaser being the defaulting party. 16.1.1. 28.2 Should either party dispute the other party’s right to cancel this Agreement, take occupation then pending the determination of the PROPERTY and have dispute, the PROPERTY sold Purchaser will be obliged to continue with the payment of all amounts payable by auction or private treaty, him in his sole discretion. The PURCHASER shall then be liable for all costs terms of such re-sale and any deficiency in price which results therefrom. All payments made by the PURCHASER to the SELLER and/or the AUCTIONEER pursuant to this Agreement shall then on the due dates thereof and the Seller will be regarded as "rouwkoop" entitled to recover and be accept those payments without prejudice to any of the Seller’s rights in terms of this Agreement. Failure to pay any of the aforesaid amounts will constitute a material breach of the Agreement. 28.3 Where the Purchaser has forfeited by the PURCHASER Deposit and other amounts in favour of the SELLER Seller or the Sellers has become entitled to retain the Deposit or other amounts paid to the Trust Account, the Transferring Attorney will be regarded as liquidated, pre-estimated damages; orobliged to pay such amounts to the Seller on demand. 16.1.2. to hold the PURCHASER bound by 28.4 Upon cancellation of this Agreement for any reason whatsoever, the Purchaser/all persons occupying the Property through him hereby undertakes to vacate the Property within 24 (twenty four) hours of such cancellation and the Seller shall immediately be entitled to resell the Property. 28.5 If the Purchaser causes an unjustified delay in the registration of the Property and/or the registration of the bond, which delay results in the relevant documentation not being lodged for registration in the relevant deeds registry at the time of the lodging of the application for the opening of the Register and the registration of the Sectional Plan or the registration of the extension of the Scheme, the Seller will have the right, without prejudice to any other right or remedy he may have in law (including but not limited to the right to claim forthwith payment damages) to either: immediately cancel this Agreement or claim specific performance of the entire purchase price terms and any other damages caused because provisions of such breachthis Agreement. 16.1.3. 28.6 In the event that the Seller claims specific performance, the Purchaser shall in addition to the monthly levies and the monthly occupational interest, also be liable for the payment of an amount of R10 000,00 (Ten Thousand Rand) per month from the date on which the documentation pertaining to the opening of the Register and the registration of the Sectional Plan or the registration of the extension of the Scheme could have been lodged in the relevant deeds registry until the actual date of lodgement thereof. 28.7 Notwithstanding anything stated to the contrary herein, the Purchaser shall be entitled to cancel this Agreement by written notice to the Seller if the Seller fails to pass transfer of the Property into the name of the Purchaser within a period of 36 (thirty-six) months from the Signature Date, in which event the Purchaser shall be entitled to a refund of the Reservation Deposit and other amounts (if applicable) as contemplated in clause 26. 28.8 Should the contract be cancelled by agreement the Purchaser shall remain liable for costs incurred which costs cannot be recovered from a subsequent purchaser as liquidated damages. Such costs shall include but not be limited to the wasted costs for preparing and drafting documentation not exceeding R5,000.00 (Five Thousand Rand). 28.9 Should the sale be cancelled after complying with clause 8.2 due to the failure of the Purchaser in carrying out any of his obligations in terms of this agreement the Seller reserves the right to claim from the Purchaser who will be liable to the Seller for payment on demand of a cancellation fee of up to 5% of the Purchase Price as wasted costs as well as Agents commission as liquidated damages. 28.10 The reservation deposit or part thereof shall be used by the Seller/Agent to recover the costs mentioned in clause 28.8 and 28.9. The Seller and Purchaser authorise the Transferring Attorney to pay the amount due to the Agent/Seller from the Transferring Attorneys trust account within 5 (five) days of the cancellation of the sale following upon; 16.1.4. a breach by the PURCHASER, the PURCHASER shall forthwith become liable for and shall pay the AUCTIONEER’S commission and other costs and charges as herein set forth and the parties hereto agree that such commission and charges shall constitute a first charge against the deposit, if any, paid by the PURCHASER and shall be paid wholly or in part there from; 16.1.5. a breach by the SELLER, the SELLER shall forthwith become liable for and shall pay the AUCTIONEER’S commission and other costs and charges as herein set forth; 16.1.6. an agreement between the SELLER and the PURCHASER subject to which agreement the AUCTIONEER is not party, the SELLER and the PURCHASER shall forthwith become jointly and severally liable for and shall pay the AUCTIONEER’S commission and other costs and charges as herein set forth and the parties hereto agree that such commission and charges shall constitute a first charge against the deposit, if any, paid by the PURCHASER and shall be paid wholly or in part there fromclause 7.2.

BREACH AND CANCELLATION. 16.123.1 If either Party ("the Defaulting Party") fails to pay any amount, or fails to provide the guarantee(s) required in terms of this Agreement on the due date, or commits a breach of any other of the terms and conditions of this agreement then the other Party ("the Aggrieved Party") will be entitled to give the Defaulting Party 5 (five) business days (unless the transaction has already been lodged at the deeds office for registration, in which event the notice period will be reduced to 24 (twenty-four) hours written notice to remedy such breach. Should the PURCHASER Defaulting Party fail to comply with such notice, the Aggrieved Party shall be entitled, without prejudice, to any other rights and remedies that it may have in law, including the right to claim damages to: 23.1.1 hold the defaulting party to the contract and demand fulfilment of his obligations in terms thereof; or 23.1.2 cancel the terms or conditions Agreement without prejudice to the Aggrieved party’s rights without any further notice and claim damages suffered because of this Agreement within 7 (SEVEN) days of receipt of written demand, such breach. If the cancellation was due to the PURCHASER’S breach the SELLER shall on such breach be entitled to: 23.1.2.1 Retain all amounts paid by or on behalf of the PURCHASER on account of the purchase price as liquidated damages; and/or 23.1.2.2 claim all damages suffered by the SELLER by reason of such breach, in which event the parties hereby agree that the SELLER shall be entitled to retain any amounts paid under this agreement in reduction of such damages sustained by the SELLER without further notice, either;prejudice to the SELLER's rights to claim the balance of such damages from the PURCHASER. 16.1.1. 23.2 If the PURCHASER disputes the SELLER'S right to cancel this Agreement, take and/or remains in occupation of the PROPERTY and have UNIT after the PROPERTY sold by auction date of cancellation or private treatypurported cancellation, in his sole discretion. The the PURCHASER shall then continue to pay occupational interest as herein provided in consideration for continuing to occupy the UNIT. 23.3 Suppose the Seller institutes legal proceedings against the Purchaser due to his failure to fulfill his obligations in the Agreement. In that case, the Purchaser acknowledges that he will be liable for all costs of such re-sale and any deficiency in price which results therefrom. All payments made legal costs, including collection commission, incurred by the PURCHASER to Seller on an attorney and client scale. 23.4 Where the SELLER and/or Purchaser has forfeited the AUCTIONEER pursuant to this Agreement shall then be regarded as "rouwkoop" Deposit, and be forfeited by the PURCHASER other amounts in favour of the SELLER Seller or the Sellers have become entitled to retain the Deposit or different amounts paid to the Trust Account, the Transferring Attorney will be regarded as liquidated, pre-estimated damages; orobliged to pay such charges to the Seller on demand. 16.1.2. to hold the PURCHASER bound by 23.5 Upon cancellation of this Agreement the Purchaser/all persons occupying the Property through him will vacate the Property within 24 (twenty-four) hours of cancellation, and the Seller shall immediately be entitled to resell the property. 23.6 If the Purchaser causes an unjustified delay in the registration of the Property and/or bond, which delay results in the relevant documentation not being lodged for registration in the deeds registry, the Seller will have the right, without prejudice to any other right or remedy he may have in law (including but not limited to the right to claim forthwith payment damages) to either: immediately cancel this Agreement or claim specific performance of the entire purchase price terms and any other damages caused because provisions of such breachthis Agreement. 16.1.323.7 Notwithstanding anything stated to the contrary herein, the Purchaser shall be entitled to cancel this Agreement by written notice to the Seller if the Seller fails to pass transfer of the Property into the Purchaser's name within 36 (thirty-six) months from the Signature Date. In this event, the event Purchaser shall be entitled to a refund of the Reservation Deposit and other amounts (if applicable). 23.8 Should the contract be cancelled by agreement the Purchaser shall remain liable for costs incurred which costs cannot be recovered from a subsequent purchaser as liquidated damages. Such costs shall include but not be limited to the wasted costs for preparing and drafting documentation not exceeding R5, 000.00 (Five Thousand Rand). 23.9 Should the sale be cancelled after complying with the suspensive conditions due to the failure of the Purchaser in carrying out any of his obligations in terms of this agreement the Seller reserves the right to claim from the Purchaser who will be liable to the Seller for payment on demand of a cancellation fee of up to 5% (five percent) of the Purchase Price as wasted costs as well as Agent’s commission as liquidated damages. 23.10 The reservation deposit or part thereof shall be used by the Seller/Agent to recover the costs Seller and Purchaser authorise the Transferring Attorney to pay the amount due to the Agent/Seller from the Transferring Attorneys trust account within 5 (five) days of the cancellation of the sale following upon; 16.1.4. a breach by the PURCHASER, the PURCHASER shall forthwith become liable for and shall pay the AUCTIONEER’S commission and other costs and charges as herein set forth and the parties hereto agree that such commission and charges shall constitute a first charge against the deposit, if any, paid by the PURCHASER and shall be paid wholly or in part there from; 16.1.5. a breach by the SELLER, the SELLER shall forthwith become liable for and shall pay the AUCTIONEER’S commission and other costs and charges as herein set forth; 16.1.6. an agreement between the SELLER and the PURCHASER to which agreement the AUCTIONEER is not party, the SELLER and the PURCHASER shall forthwith become jointly and severally liable for and shall pay the AUCTIONEER’S commission and other costs and charges as herein set forth and the parties hereto agree that such commission and charges shall constitute a first charge against the deposit, if any, paid by the PURCHASER and shall be paid wholly or in part there fromagreement.

BREACH AND CANCELLATION. 16.127.1 If either Party ("the Defaulting Party") fails to pay any amount, or fails to provide the guarantee(s) required in terms of this Agreement on the due date, or commits a breach of any other of the terms and conditions of this agreement then the other Party ("the Aggrieved Party") will be entitled to give the Defaulting Party 5 (five) business days (unless the transaction has already been lodged at the deeds office for registration, in which event the notice period will be reduced to 24 (twenty-four) hours written notice to remedy such breach. Should the PURCHASER Defaulting Party fail to comply with such notice, the Aggrieved Party shall be entitled, without prejudice, to any other rights and remedies that it may have in law, including the right to claim damages to: 27.1.1 hold the defaulting party to the contract and demand fulfilment of his obligations in terms thereof; or 27.1.2 cancel the terms or conditions Agreement without prejudice to the Aggrieved party’s rights without any further notice and claim damages suffered because of this Agreement within 7 (SEVEN) days of receipt of written demand, such breach. If the cancellation was due to the PURCHASER’S breach the SELLER shall on such breach be entitled to: 27.1.3 Retain all amounts paid by or on behalf of the PURCHASER on account of the purchase price as liquidated damages; and/or 27.1.4 claim all damages suffered by the SELLER by reason of such breach, in which event the parties hereby agree that the SELLER shall be entitled to retain any amounts paid under this agreement in reduction of such damages sustained by the SELLER without further notice, either;prejudice to the SELLER's rights to claim the balance of such damages from the PURCHASER. 16.1.1. 27.2 If the PURCHASER disputes the SELLER'S right to cancel this Agreement, take and/or remains in occupation of the PROPERTY and have UNIT after the PROPERTY sold by auction date of cancellation or private treatypurported cancellation, in his sole discretion. The the PURCHASER shall then continue to pay interest (including occupational interest) and all levies as herein provided in consideration for continuing to occupy the UNIT. 27.3 Suppose the Seller institutes legal proceedings against the Purchaser due to his failure to fulfill his obligations in the Agreement. In that case, the Purchaser acknowledges that he will be liable for all costs of such re-sale and any deficiency in price which results therefrom. All payments made legal costs, including collection commission, incurred by the PURCHASER to Seller on an attorney and client scale. 27.4 Where the SELLER and/or Purchaser has forfeited the AUCTIONEER pursuant to this Agreement shall then be regarded as "rouwkoop" Deposit, and be forfeited by the PURCHASER other amounts in favour of the SELLER Seller or the Sellers have become entitled to retain the Deposit or different amounts paid to the Trust Account, the Transferring Attorney will be regarded as liquidated, pre-estimated damages; orobliged to pay such charges to the Seller on demand. 16.1.2. to hold the PURCHASER bound by 27.5 Upon cancellation of this Agreement for any reason whatsoever, the Purchaser/all persons occupying the Property through him now undertakes to vacate the Property within 24 (twenty- four) hours of such cancellation, and the Seller shall immediately be entitled to resell the property. 27.6 If the Purchaser causes an unjustified delay in the registration of the Property and/or bond, which delay results in the relevant documentation not being lodged for registration in the deeds registry at the time of the lodging of the application for the opening of the Register and the registration of the Sectional Plan or the registration of the extension of the Scheme, the Seller will have the right, without prejudice to any other right or remedy he may have in law (including but not limited to the right to claim forthwith damages) to either: immediately cancel this Agreement or claim specific performance of the terms and provisions of this Agreement. 27.7 If the Seller claims specific performance, the Purchaser shall, in addition to the monthly levies and the monthly occupational interest, also be liable for the payment of an amount of R10 000,00 (Ten Thousand Rand) per month from the entire purchase price date on which the documentation pertaining to the opening of the Register and any other damages caused because the registration of such breachthe Sectional Plan or the registration of the extension of the Scheme could have been lodged in the relevant deeds registry until the actual date of lodgment thereof. 16.1.327.8 Notwithstanding anything stated to the contrary herein, the Purchaser shall be entitled to cancel this Agreement by written notice to the Seller if the Seller fails to pass transfer of the Property into the Purchaser's name within 36 (thirty-six) months from the Signature Date. In this event, the event Purchaser shall be entitled to a refund of the Reservation Deposit and other amounts (if applicable) as contemplated in Clause 5. 27.9 Should the contract be cancelled by agreement the Purchaser shall remain liable for costs incurred which costs cannot be recovered from a subsequent purchaser as liquidated damages. Such costs shall include but not be limited to the wasted costs for preparing and drafting documentation not exceeding R5,000.00 (Five Thousand Rand). 27.10 Should the sale be cancelled after complying with clause 7due to the failure of the Purchaser in carrying out any of his obligations in terms of this agreement the Seller reserves the right to claim from the Purchaser who will be liable to the Seller for payment on demand of a cancellation fee of up to 5% (five percent) of the Purchase Price as wasted costs as well as Agent’s commission as liquidated damages. 27.11 The reservation deposit or part thereof shall be used by the Seller/Agent to recover the costs mentioned in clause 26.8 and 26.9. The Seller and Purchaser authorise the Transferring Attorney to pay the amount due to the Agent/Seller from the Transferring Attorneys trust account within 5 (five) days of the cancellation of the sale following upon; 16.1.4. a breach by the PURCHASER, the PURCHASER shall forthwith become liable for and shall pay the AUCTIONEER’S commission and other costs and charges as herein set forth and the parties hereto agree that such commission and charges shall constitute a first charge against the deposit, if any, paid by the PURCHASER and shall be paid wholly or in part there from; 16.1.5. a breach by the SELLER, the SELLER shall forthwith become liable for and shall pay the AUCTIONEER’S commission and other costs and charges as herein set forth; 16.1.6. an agreement between the SELLER and the PURCHASER to which agreement the AUCTIONEER is not party, the SELLER and the PURCHASER shall forthwith become jointly and severally liable for and shall pay the AUCTIONEER’S commission and other costs and charges as herein set forth and the parties hereto agree that such commission and charges shall constitute a first charge against the deposit, if any, paid by the PURCHASER and shall be paid wholly or in part there fromagreement.

BREACH AND CANCELLATION. 16.1Except as otherwise provided in this paragraph, it is understood and agreed that if Forx Builders Association fails to open the Expo on the date and at the place as herein provided, or to furnish the space to the Exhibitor as herein described, or comparable space, it will refund to the Exhibitor all payments paid hereunder, which sum shall be in full satisfaction of all loss or damage suffered by the Exhibitor from such cause. Should If, however, it becomes necessary to cancel the PURCHASER fail Expo on account of epidemic, pandemic, viral outbreak, strikes, fires, casualties, acts of God or any other cause beyond Forx Builders’ control, any refunds to comply with any Exhibitors of sums paid to Forx Builders shall be handled as follows: All sums paid by Exhibitors to Forx Builders shall first be retained by Forx Builders to reimburse FBA for the total expenses incurred by FBA in the production of the terms or conditions Expo; any excess sums remaining thereafter shall be refunded to individual Exhibitors on a pro rata basis based on the Contract Price actually paid by the Exhibitor, all as determined in the sole discretion of this Agreement within 7 (SEVEN) days of receipt of written demandForx Builders. In the event the Expo is cancelled for any reason, the SELLER Exhibitor shall on and does hereby waive any claims for damages resulting from such breach cancellation. If it becomes necessary to postpone the production of the Spring Expo for any reason and Exhibitor elects not to participate in the postponed Expo, all amounts paid by the Exhibitor to the FBA toward the Contract Price will be entitled refunded, and the Exhibitor shall and does hereby waive any claim for damages. In fairness to the Exhibitors and public alike, the Forx Builders reserves the right to refuse any exhibit, or any Exhibitor, or employee, which or who in the opinion of the Forx Builders is not in the best interest of the Expo, and may at any time without further assigned causes, and without notice, either; 16.1.1. to cancel this Agreementthe Contract and remove the Exhibitor, take occupation of his agents and property from the PROPERTY and have the PROPERTY sold by auction or private treaty, in his sole discretion. The PURCHASER shall then be liable for all costs of such re-sale and any deficiency in price which results therefrom. All payments made by the PURCHASER to the SELLER and/or the AUCTIONEER pursuant to this Agreement shall then be regarded as "rouwkoop" and be forfeited by the PURCHASER in favour of the SELLER or be regarded as liquidated, pre-estimated damages; or 16.1.2. to hold the PURCHASER bound by this Agreement and to claim forthwith payment of the entire purchase price and any other damages caused because of such breach. 16.1.3building. In the event of such cancellation, the cancellation Exhibitor hereby waives any claim for damages or for the recovery of any rental monies. Absolutely no refunds will be made. Any Exhibitor violating any of the sale following upon; 16.1.4. a breach above rules and regulations shall upon oral notification by the PURCHASERForx Builders, forthwith comply with such rules and regulations. The Forx Builders reserves the PURCHASER shall forthwith become liable right, upon refusal of Exhibitor to comply herewith, to cancel Exhibitor’s lease and to remove, at Exhibitor’s expense, its exhibit and to retain all monies previously paid for and shall pay the AUCTIONEER’S commission and other costs and charges rent as herein set forth and the parties hereto agree that such commission and charges shall constitute a first charge against the deposit, if any, paid by the PURCHASER and shall be paid wholly or in part there from; 16.1.5. a breach by the SELLER, the SELLER shall forthwith become liable liquidated damages for and shall pay the AUCTIONEER’S commission and other costs and charges as herein set forth; 16.1.6. an agreement between the SELLER and the PURCHASER to which agreement the AUCTIONEER is not party, the SELLER and the PURCHASER shall forthwith become jointly and severally liable for and shall pay the AUCTIONEER’S commission and other costs and charges as herein set forth and the parties hereto agree that such commission and charges shall constitute a first charge against the deposit, if any, paid by the PURCHASER and shall be paid wholly or in part there fromExhibitor’s breach.

BREACH AND CANCELLATION. 16.124.1 If either Party ("the Defaulting Party") fails to pay any amount, or fails to provide the guarantee(s) required in terms of this Agreement on the due date, or commits a breach of any other of the terms and conditions of this agreement then the other Party ("the Aggrieved Party") will be entitled to give the Defaulting Party 5 (five) business days (unless the transaction has already been lodged at the deeds office for registration, in which event the notice period will be reduced to 24 (twenty-four) hours written notice to remedy such breach. Should the PURCHASER Defaulting Party fail to comply with such notice, the Aggrieved Party shall be entitled, without prejudice, to any other rights and remedies that it may have in law, including the right to claim damages to: 24.1.1 hold the defaulting party to the contract and demand fulfilment of his obligations in terms thereof; or 24.1.2 cancel the terms or conditions Agreement without prejudice to the Aggrieved party’s rights without any further notice and claim damages suffered because of this Agreement within 7 (SEVEN) days of receipt of written demand, such breach. If the cancellation was due to the PURCHASER’S breach the SELLER shall on such breach be entitled to: 24.1.2.1 Retain all amounts paid by or on behalf of the PURCHASER on account of the purchase price as liquidated damages; and/or 24.1.2.2 claim all damages suffered by the SELLER by reason of such breach, in which event the parties hereby agree that the SELLER shall be entitled to retain any amounts paid under this agreement in reduction of such damages sustained by the SELLER without further notice, either;prejudice to the SELLER's rights to claim the balance of such damages from the PURCHASER. 16.1.1. 24.2 If the PURCHASER disputes the SELLER'S right to cancel this Agreement, take and/or remains in occupation of the PROPERTY and have UNIT after the PROPERTY sold by auction date of cancellation or private treatypurported cancellation, in his sole discretion. The the PURCHASER shall then continue to pay occupational interest as herein provided in consideration for continuing to occupy the UNIT. 24.3 If the Aggrieved Party institutes legal proceedings against the Defaulting Party due to his failure to fulfill his obligations in the Agreement. In that case, the Aggrieved Party acknowledges that he will be liable for all costs of such re-sale and any deficiency in price which results therefrom. All payments made legal costs, including collection commission, incurred by the PURCHASER to Seller on an attorney and client scale. 24.4 Where the SELLER and/or Purchaser has forfeited the AUCTIONEER pursuant to this Agreement shall then be regarded as "rouwkoop" Deposit, and be forfeited by the PURCHASER other amounts in favour of the SELLER Seller or the Sellers have become entitled to retain the Deposit or different amounts paid to the Trust Account, the Transferring Attorney will be regarded as liquidated, pre-estimated damages; orobliged to pay such charges to the Seller on demand. 16.1.2. to hold the PURCHASER bound by 24.5 Upon cancellation of this Agreement the Purchaser/all persons occupying the Property through him will vacate the Property within 24 (twenty-four) hours of cancellation, and the Seller shall immediately be entitled to resell the property. 24.6 If the Purchaser causes an unjustified delay in the registration of the Property and/or bond, which delay results in the relevant documentation not being lodged for registration in the deeds registry at the time of the lodging of the application for the opening of the Register and the registration of the Sectional Plan or the registration of the extension of the Scheme, the Seller will have the right, without prejudice to any other right or remedy he may have in law (including but not limited to the right to claim forthwith damages) to either: immediately cancel this Agreement or claim specific performance of the terms and provisions of this Agreement. 24.7 If the Seller claims specific performance, the Purchaser shall, in addition to the monthly levies and the monthly occupational interest, also be liable for the payment of an amount of R10 000,00 (Ten Thousand Rand) per month from the entire purchase price date on which the documentation pertaining to the opening of the Register and any other damages caused because the registration of such breachthe Sectional Plan or the registration of the extension of the Scheme could have been lodged in the relevant deeds registry until the actual date of lodgment thereof. 16.1.324.8 Notwithstanding anything stated to the contrary herein, the Purchaser shall be entitled to cancel this Agreement by written notice to the Seller if the Seller fails to pass transfer of the Property into the Purchaser's name within 36 (thirty-six) months from the Signature Date. In this event, the event Purchaser shall be entitled to a refund of the Reservation Deposit and other amounts (if applicable). 24.9 Should the contract be cancelled by agreement the Purchaser shall remain liable for costs incurred which costs cannot be recovered from a subsequent purchaser as liquidated damages. Such costs shall include but not be limited to the wasted costs for preparing and drafting documentation not exceeding R5,000.00 (Five Thousand Rand). 24.10 Should the sale be cancelled after complying with the suspensive conditions due to the failure of the Purchaser in carrying out any of his obligations in terms of this agreement the Seller reserves the right to claim from the Purchaser who will be liable to the Seller for payment on demand of a cancellation fee of up to 5% (five percent) of the Purchase Price as wasted costs as well as Agent’s commission as liquidated damages. 24.11 The reservation deposit or part thereof shall be used by the Seller/Agent to recover the costs Seller and Purchaser authorise the Transferring Attorney to pay the amount due to the Agent/Seller from the Transferring Attorneys trust account within 5 (five) days of the cancellation of the sale following upon; 16.1.4. a breach by the PURCHASER, the PURCHASER shall forthwith become liable for and shall pay the AUCTIONEER’S commission and other costs and charges as herein set forth and the parties hereto agree that such commission and charges shall constitute a first charge against the deposit, if any, paid by the PURCHASER and shall be paid wholly or in part there from; 16.1.5. a breach by the SELLER, the SELLER shall forthwith become liable for and shall pay the AUCTIONEER’S commission and other costs and charges as herein set forth; 16.1.6. an agreement between the SELLER and the PURCHASER to which agreement the AUCTIONEER is not party, the SELLER and the PURCHASER shall forthwith become jointly and severally liable for and shall pay the AUCTIONEER’S commission and other costs and charges as herein set forth and the parties hereto agree that such commission and charges shall constitute a first charge against the deposit, if any, paid by the PURCHASER and shall be paid wholly or in part there fromagreement.

BREACH AND CANCELLATION. 16.1If either Party (“the Defaulting Party”) fail to pay any amount, or fail to provide the guarantee(s) required in terms of this Agreement on due date, or commit a breach of any other of the terms and conditions of this agreement then the other party (“the Aggrieved Party”) will be entitled to give the Defaulting Party 5 (five) business days' (unless the transaction has already been lodged at the deeds office for registration, in which event the notice period will be reduced to 24 (twenty four) hours) written notice to remedy such breach. Should the PURCHASER Defaulting Party fail to comply with such notice, the Aggrieved Party shall be entitled, without prejudice to any other rights and remedies that it may have in law including the right to claim damages to: cancel this Agreement without any further notice and claim damages and if the Purchaser being the defaulting party, the Seller shall be entitled to retain all monies paid by the Purchaser to the Seller and/or the Seller's agents or the Transferring Attorney in terms hereof, including monies paid as a deposit to the Transferring Attorney together with any interest earned thereon; pending determination of damages; or to claim immediate performance and/or payment, of all the obligations of the defaulting party in terms or conditions of this Agreement within 7 (SEVEN) days Agreement, including immediate payment of receipt the balance and/or whole of written demand, the SELLER shall on such breach be entitled without further notice, either; 16.1.1purchase price in the event of the Purchaser being the defaulting party. Should either party dispute the other party’s right to cancel this Agreement, take occupation then pending the determination of the PROPERTY and have dispute, the PROPERTY sold Purchaser will be obliged to continue with the payment of all amounts payable by auction or private treaty, him in his sole discretion. The PURCHASER shall then be liable for all costs terms of such re-sale and any deficiency in price which results therefrom. All payments made by the PURCHASER to the SELLER and/or the AUCTIONEER pursuant to this Agreement shall then on the due dates thereof and the Seller will be regarded as "rouwkoop" entitled to recover and be accept those payments without prejudice to any of the Seller’s rights in terms of this Agreement. Failure to pay any of the aforesaid amounts will constitute a material breach of the Agreement. Where the Purchaser has forfeited by the PURCHASER Deposit and other amounts in favour of the SELLER Seller or the Sellers has become entitled to retain the Deposit or other amounts paid to the Trust Account, the Transferring Attorney will be regarded as liquidated, pre-estimated damages; or 16.1.2obliged to pay such amounts to the Seller on demand. to hold the PURCHASER bound by Upon cancellation of this Agreement for any reason whatsoever, the Purchaser/all persons occupying the Property through him hereby undertakes to vacate the Property within 24 (twenty- four) hours of such cancellation and the Seller shall immediately be entitled to resell the Property. d If the Purchaser causes an unjustified delay in the registration of the Property and/or the registration of the bond, which delay results in the relevant documentation not being lodged for registration in the relevant deeds registry at the time of the lodging of the application for the opening of the Register and the registration of the Sectional Plan or the registration of the extension of the Scheme, the Seller will have the right, without prejudice to any other right or remedy he may have in law (including but not limited to the right to claim forthwith payment damages) to either: immediately cancel this Agreement or claim specific performance of the entire purchase price terms and any other damages caused because provisions of such breach. 16.1.3this Agreement. In the event that the Seller claims specific performance, the Purchaser shall in addition to the monthly levies and the monthly occupational interest, also be liable for the payment of an amount of R10 000,00 (Ten Thousand Rand) per month from the date on which the documentation pertaining to the opening of the cancellation Register and the registration of the sale following upon; 16.1.4. a breach by Sectional Plan or the PURCHASER, registration of the PURCHASER shall forthwith become liable for and shall pay extension of the AUCTIONEER’S commission and other costs and charges as herein set forth and Scheme could have been lodged in the parties hereto agree that such commission and charges shall constitute a first charge against relevant deeds registry until the deposit, if any, paid by the PURCHASER and shall be paid wholly or in part there from; 16.1.5. a breach by the SELLER, the SELLER shall forthwith become liable for and shall pay the AUCTIONEER’S commission and other costs and charges as herein set forth; 16.1.6. an agreement between the SELLER and the PURCHASER to which agreement the AUCTIONEER is not party, the SELLER and the PURCHASER shall forthwith become jointly and severally liable for and shall pay the AUCTIONEER’S commission and other costs and charges as herein set forth and the parties hereto agree that such commission and charges shall constitute a first charge against the deposit, if any, paid by the PURCHASER and shall be paid wholly or in part there fromactual date of lodgement thereof.