Common use of BREACH AND CANCELLATION Clause in Contracts

BREACH AND CANCELLATION. 20.1. If the Purchaser commits a breach of this Agreement or fails to comply with any of the provisions hereof within 10 (ten) days after receipt of a notice to remedy the breach or comply, then the Seller and/or the Developer on behalf of the Seller shall have the right, but not be compelled, and without prejudice to any of the Seller’s rights or remedies including his right to damages, either: 20.1.1. to cancel this Agreement; or 20.1.2. to claim immediate performance; and/or 20.1.3. to claim payment of all the Purchaser's obligations in terms of this agreement. 20.2. Should the Purchaser dispute the Seller's and/or the Developer’s right to cancel this Agreement, then pending the determination of that dispute the Purchaser shall be obliged to continue payment of all amounts payable by him in terms of this Agreement on the due dates thereof and the Seller shall be entitled to recover and accept those payments without prejudice to the Seller's claim for cancellation of this Agreement or any other rights of the Seller whatsoever. 20.3. Upon cancellation of this Agreement for any reason whatsoever, the Purchaser hereby undertakes to forthwith vacate the Erf or to procure that the Erf be vacated by any person occupying it through the Purchaser's title or by his permission. The Erf shall be returned to Seller in the same good order and condition as at the Occupation date.

BREACH AND CANCELLATION. 20.1. If the Purchaser commits a breach of this Agreement or fails to comply with any of the provisions hereof within 10 (ten) days after receipt of a notice to remedy the breach or comply, then the Seller and/or the Developer on behalf of the Seller shall have the right, but not be compelled, and without prejudice to any of the Seller’s rights or remedies including his right to damages, either: 20.1.1. to cancel this Agreement; or 20.1.2. to claim immediate performance; and/or 20.1.3. to claim payment of all the Purchaser's obligations in terms of this agreement. 20.2. 13.1 Should the Purchaser dispute the Seller's and/or the Developer’s right fail to cancel this Agreement, then pending the determination of that dispute the Purchaser shall be obliged to continue payment of all amounts pay any amount due and payable by him in it on due date or commit any other breach of the terms of this Agreement on the due dates thereof and remain in default 14 (fourteen) days after posting or emailing to it of a written notice calling upon it to pay or otherwise remedy such breach, the Seller shall be entitled to recover and accept those payments without prejudice cancel this Agreement, in which event all monies paid by the Purchaser in terms of this Agreement shall be forfeited to the Seller's claim Seller as agreed liquidated damages in respect of the Purchaser’s breach of contract. This clause shall not prejudice any other right or action which the Seller may have against the Purchaser. 13.2 If the Contract is cancelled in terms of clause 13.1: 13.2.1 the Seller shall be entitled to institute proceedings for cancellation payment of any amount due in respect of the purchase consideration in terms of this Agreement or any other otherwise to enforce the terms of this Agreement; and 13.2.2 the Purchaser shall be liable for all fees and charges levied by the Company or its appointed managing agent in relation to the Share Block up to the date upon which the Seller exercises its rights of cancellation (if applicable); and 13.2.3 the Purchaser shall not be entitled to occupation or possession of the Properties, nor shall it be entitled to exercise any rights afforded to it under the Use Agreement or the Rules, while it is in default of any of its obligations under this Agreement, or as from the date of cancellation in terms hereof. 13.3 All legal costs (including attorney and own client costs) incurred by the Seller whatsoever. 20.3. Upon cancellation arising as a result of action or proceedings instituted in terms of this Agreement for any reason whatsoever, the Purchaser hereby undertakes to forthwith vacate the Erf or to procure that the Erf shall be vacated paid by any person occupying it through the Purchaser's title or by his permission. The Erf shall be returned to Seller in the same good order and condition as at the Occupation date.

BREACH AND CANCELLATION. 20.1. If the Purchaser commits a breach of this Agreement or fails to comply with any of the provisions hereof within 10 (ten) days after receipt of a notice to remedy the breach or comply, then the Seller and/or the Developer on behalf of the Seller shall have the right, but not be compelled, and without prejudice to any of the Seller’s rights or remedies including his right to damages, either: 20.1.1. to cancel this Agreement; or 20.1.2. to claim immediate performance; and/or 20.1.3. to claim payment of all the Purchaser's obligations in terms of this agreement. 20.2. 12.1 Should the Purchaser dispute the Seller's and/or the Developer’s right fail to cancel this Agreement, then pending the determination of that dispute the Purchaser shall be obliged to continue payment of all amounts pay any amount due and payable by him in it on due date or commit any other breach of the terms of this Agreement on the due dates thereof and remain in default 14 (FOURTEEN) days after posting to it of a written notice calling upon it to pay or otherwise remedy such breach, the Seller shall be entitled to recover and accept those payments without prejudice cancel this Agreement, in which event all monies paid by the Purchaser in terms of this Agreement shall be forfeited to the Seller's claim Seller as agreed liquidated damages in respect of the Purchaser’s breach of contract. This clause shall not prejudice any other right or action which the Seller may have against the Purchaser. 12.2 If the Contract is cancelled in terms of clause 12.1: 12.2.1 the Seller shall be entitled to institute proceedings for cancellation payment of any amount due in respect of the purchase consideration in terms of this Agreement or any other rights of otherwise to enforce the Seller whatsoever.terms; and 20.3. Upon cancellation 12.2.2 the Purchaser shall be liable for Management Fees in terms of this Agreement for any reason whatsoever, up to the date upon which the Seller exercises its rights of cancellation (if applicable); and 12.2.3 the Purchaser hereby undertakes shall not be entitled to forthwith vacate occupation or possession of the Erf Properties while it is in default of any of its obligations under this Agreement, or to procure that as from the Erf date of cancellation in terms hereof. 12.3 All legal costs (including attorney and own client costs) incurred by the Seller arising as a result of action or proceedings instituted in terms of this Agreement shall be vacated paid by any person occupying it through the Purchaser's title or by his permission. The Erf shall be returned to Seller in the same good order and condition as at the Occupation date.