Common use of BREACH BY PURCHASER Clause in Contracts

BREACH BY PURCHASER. 13.1 If the Purchaser commits a breach of this agreement and/or fails to comply with any of the provisions hereof, then the Seller shall be entitled to give the Purchaser not less than 7 (seven) days’ notice in writing to remedy such breach and/or failure and if the Purchaser fails to comply with such notice, then the Seller shall forthwith be entitled, but not obliged, without prejudice to any other rights or remedies which the Seller may have in law, including the right to claim damages: 13.1.1 To cancel this agreement (in which event the Purchaser shall forfeit all monies paid to the Seller or its attorneys or agent/s in terms of this agreement and all interest thereon); and/or 13.1.2 To claim immediate performance and/or payment of all the Purchaser’s obligations in terms of this agreement; and/or 13.1.3 To recover from the Purchaser all or any brokerage payable or paid by the Seller in respect of this transaction. 13.2 Should the Seller take steps against the Purchaser pursuant to a breach by the Purchaser of this agreement, then without prejudice to any other rights which the Seller may have, the Seller shall be entitled to recover from the Purchaser all legal costs incurred by it including attorney/client charges, tracing fees and such collection commission as the Seller is obliged to pay to its attorneys. 13.3 Should transfer be delayed by the Purchaser for whatever reason and/or the Purchaser fail to deliver guarantees and/or meet any other financial obligation in this Agreement, then the Purchaser shall pay to the Seller interest on the full purchase price at the prime overdraft rate plus 3% (three per centum) charged by the Seller’s bankers from time to time calculated from the date that the Seller’s attorneys (acting as experts) certify in writing that in their opinion the transfer ought reasonably to have been registered, but for such delay. In the event of non-fulfilment of a financial obligation or failure to deliver a guarantee such penalty interest shall accrue from the due date for delivery of the guarantee/payment up until the actual date of delivery of the guarantee/payment or the date upon which the Purchaser has complied with all of the Purchasers obligations relating to transfer (whichever is the later). The penalty interest shall be paid by the Purchaser to the Seller prior to transfer of the property.

BREACH BY PURCHASER. 13.1 7.1 The PURCHASER shall have the right to cancel this agreement if: 7.1.1 construction and/or finishes are not as per schedule of minimum specifications 7.2 The SELLER shall have the right to cancel this agreement and put the unit up for resale if: 7.2.1 Transfer of the Unit is delayed by the PURCHASER for any reason. 7.2.2 If transfer of the Purchaser commits Unit is delayed by the PURCHASER and the SELLER does not exercise its right to cancel as per clause 7.2.1, then the PURCHASER shall be liable for occupational rental from date of occupation as set out in clause 2.15. 7.3 The SELLER shall furthermore have the right, in the event that the PURCHASER has breached the agreement as provided for herein, to retain all amounts which the PURCHASER has paid in terms hereof as a genuine pre-estimate of the damages which the SELLER has sustained by reason of such cancellation in which event the PURCHASER shall be deemed to have authorised the SELLER’S Conveyancers to pay to the SELLER any Deposit paid by him/her/it in terms hereof and invested by the SELLER’S Conveyancers on his behalf. 7.4 Save for the provisions of paragraph 7.2 above, if the parties commit a breach of this agreement and/or fails to comply with any of the provisions hereofof this agreement and fails to remedy the same within 14 (fourteen) days of the despatch by prepaid registered post of written notice (or to a nominated facsimile number or e-mail address) calling upon him to do so, then the Seller shall aggrieved party may cancel this agreement. 7.5 In addition to any rights the SELLER may have, it will be entitled to give payment of interest by the Purchaser not less than 7 (seven) days’ notice in writing to remedy such breach PURCHASER on all amounts due and/or failure and if for any delay occasioned by the Purchaser fails to comply with such notice, then the Seller shall forthwith be entitled, but not obliged, without prejudice to any other rights or remedies which the Seller may have in law, including the right to claim damages: 13.1.1 To cancel this agreement (in which event the Purchaser shall forfeit all monies paid to the Seller or its attorneys or agent/s PURCHASER in terms of this agreement and all Agreement at an interest thereon); and/or 13.1.2 To claim immediate performance and/or payment of all the Purchaser’s obligations in terms of this agreement; and/or 13.1.3 To recover from the Purchaser all or any brokerage payable or paid by the Seller in respect of this transaction. 13.2 Should the Seller take steps against the Purchaser pursuant rate equal to a breach by the Purchaser of this agreement, then without prejudice to any other rights which the Seller may have, the Seller shall be entitled to recover from the Purchaser all legal costs incurred by it including attorney/client charges, tracing fees and such collection commission as the Seller is obliged to pay to its attorneys. 13.3 Should transfer be delayed by the Purchaser for whatever reason and/or the Purchaser fail to deliver guarantees and/or meet any other financial obligation in this Agreement, then the Purchaser shall pay to the Seller interest on the full purchase price at the prime overdraft rate plus 3% (three per centum) charged by the Seller’s bankers from time to time calculated from the date that the Seller’s attorneys (acting as experts) certify in writing that in their opinion the transfer ought reasonably to have been registered, but for such delayby Standard Bank plus 2%. In the event of non-fulfilment such delay or breach, the PURCHASER shall be liable for the payment of a financial obligation the rates and taxes and/or levies, pro rata for the time period of such delay or failure to deliver a guarantee such penalty interest shall accrue resultant from the due date for delivery of the guarantee/payment up until the actual date of delivery of the guarantee/payment or the date upon which the Purchaser has complied with all of the Purchasers obligations relating to transfer (whichever is the later). The penalty interest shall be paid by the Purchaser to the Seller prior to transfer of the propertyPURCHASER’s breach.

BREACH BY PURCHASER. 13.1 If the Purchaser commits a breach defaults in the payment of this agreement and/or any sum whatsoever payable by him in terms hereof or breaches any of his other obligations (all of which are agreed to be material) hereunder or in terms of the Act or the rules and fails to comply with any remedy such default or breach within 7 (seven) days of the provisions hereofdispatch of written notice requiring the remedy of such default or breach, then the Seller shall be entitled to give the Purchaser not less than 7 (seven) days’ notice in writing to remedy such breach and/or failure and if the Purchaser fails to comply with such notice, then the Seller shall forthwith be entitled, but not obliged, without prejudice to any other rights available to it in terms of this agreement or remedies in law: 13.1 To claim and recover from the Purchaser forthwith the whole of the balance of the purchase price then outstanding together with interest thereon reckoned as herein before provided up to the date of payment of such balance as well as all other sums for which the Purchaser may then be liable in terms of this agreement; provided that if the Purchaser fails to make payment as provided for in terms of this sub-clause, the rights of the Seller under this agreement shall not be exhausted and the Seller shall notwithstanding the election to claim immediate payment be entitled to exercise any of the rights available to it in terms hereof or at law; or 13.2 To cancel this agreement, repossess the section and claim from the Purchaser such damages as it may have sustained by reason of the cancellation; or 13.3 To cancel this agreement, repossess the section and retain all amounts which the Purchaser has paid in terms hereof as a genuine pre-estimate of the damages which the Seller may have in law, including the right to claim damages: 13.1.1 To cancel this agreement (has sustained by reason of such cancellation in which event the Purchaser shall forfeit all monies paid be deemed to have authorized the Seller or its attorneys or agent/s in terms of this agreement and all interest thereon); and/or 13.1.2 To claim immediate performance and/or payment of all the Purchaser’s obligations in terms of this agreement; and/or 13.1.3 To recover from the Purchaser all or any brokerage payable or paid by the Seller in respect of this transaction. 13.2 Should the Seller take steps against the Purchaser pursuant agent to a breach by the Purchaser of this agreement, then without prejudice to any other rights which the Seller may have, the Seller shall be entitled to recover from the Purchaser all legal costs incurred by it including attorney/client charges, tracing fees and such collection commission as the Seller is obliged to pay to its attorneys. 13.3 Should transfer be delayed by the Purchaser for whatever reason and/or the Purchaser fail to deliver guarantees and/or meet any other financial obligation in this Agreement, then the Purchaser shall pay to the Seller interest on the full purchase price at the prime overdraft rate plus 3% (three per centum) charged any amount paid by him in terms hereof and invested by the Seller’s bankers from time to time calculated from the date that the Seller’s attorneys (acting as experts) certify in writing that in their opinion the transfer ought reasonably to have been registered, but for such delay. In the event of non-fulfilment of a financial obligation or failure to deliver a guarantee such penalty interest shall accrue from the due date for delivery of the guarantee/payment up until the actual date of delivery of the guarantee/payment or the date upon which the Purchaser has complied with all of the Purchasers obligations relating to transfer (whichever is the later). The penalty interest shall be paid by the Purchaser to the Seller prior to transfer of the propertyagent on his behalf.

BREACH BY PURCHASER. 13.1 12.1 If the Purchaser commits a breach of this agreement Agreement and/or fails to comply with any of the provisions hereof, then the Seller shall be entitled to give the Purchaser not less than 7 (seven) days’ notice in writing to remedy such breach and/or failure and if the Purchaser fails to comply with such notice, then the Seller shall forthwith be entitled, entitled (but not obliged, ) without prejudice to any other rights or remedies which the Seller may have in law, including the right to claim damages: 13.1.1 To 12.1.1 to cancel this agreement Agreement (in which event the Purchaser shall forfeit all monies paid to the Seller or Seller, its attorneys or agent/s its agent(s) in terms of this agreement and all interest thereonAgreement); and/oror 13.1.2 To 12.1.2 to claim immediate performance and/or payment of all the Purchaser’s obligations of the Purchaser in terms of this agreement; and/or 13.1.3 To recover from Agreement, including payment of unpaid balance of the Purchaser all or any brokerage payable or paid by the Seller in respect of this transactionPurchase Price. 13.2 12.2 Should the Seller take steps against the Purchaser pursuant to a breach by the Purchaser of this agreementAgreement, then without prejudice to any other rights which the Seller may have, the Seller shall be entitled to recover from the Purchaser all legal costs incurred by it including attorney/client charges, tracing fees and such collection commission as the Seller is obliged to pay to its attorneys. 13.3 Should transfer be delayed by 12.3 Without prejudice to all or any of the Purchaser for whatever reason and/or rights of the Seller in terms of this Agreement, should the Purchaser fail to deliver guarantees and/or meet pay any other financial obligation amount due by the Purchaser in terms of this AgreementAgreement on due date, then the Purchaser shall pay to the Seller interest on the full purchase price thereon at the prime overdraft rate plus 3% (three per centum) charged by the Seller’s bankers from time to time calculated from the date that the Seller’s attorneys (acting as experts) certify in writing that in their opinion the transfer ought reasonably to have been registered, but for such delay. In the event of non-fulfilment of a financial obligation or failure to deliver a guarantee such penalty interest shall accrue from the due date for delivery of the guarantee/payment up until the actual date of delivery payment, both dates inclusive. 12.4 The Seller shall be entitled at its option to institute any legal proceedings which may arise out of or in connection with this Agreement in any magistrate’s court having jurisdiction, notwithstanding the fact that the claim or value of the guarantee/payment matter in dispute might exceed the jurisdiction of such magistrate’s court in respect of the cause of action or the date upon which the Purchaser has complied with all of the Purchasers obligations relating to transfer (whichever is the later). The penalty interest shall be paid by the Purchaser to the Seller prior to transfer of the propertyamount claimed.

BREACH BY PURCHASER. 13.1 If Should the Purchaser commits a breach defaults in the payment of this agreement and/or any sum whatsoever payable by him in terms hereof or breaches any of his other obligations hereunder or in terms of the Act or the rules and fails to comply with any remedy such default or breach within 7 (seven) days of the provisions hereofreceipt of written notice requiring the remedy of such default or breach, then the Seller shall be entitled to give the Purchaser not less than 7 (seven) days’ notice in writing to remedy such breach and/or failure and if the Purchaser fails to comply with such notice, then the Seller shall forthwith be entitled, but not obliged, without prejudice to any other rights available to it in terms of this agreement or remedies in law: 9.1 to claim and recover from the Purchaser forthwith the whole of the balance of the total purchase price then outstanding together with interest thereon reckoned as herein before provided up to the date of payment of such balance as well as all other sums for which the Purchaser may then be liable in terms of this agreement, including but not limited to: (a) The costs of the building plans (b) NHBRC Enrolment Fees (c) Commission of Agent (d) Attorney Fees and expenses provided that if the Purchaser fails to make payment as provided for in terms of this sub-clause, the rights of the Seller under this agreement shall not be exhausted and the Seller shall notwithstanding the election to claim immediate payment be entitled to exercise any of the rights available to it in terms hereof or at law; or 9.2 to cancel this agreement, repossess the stand and claim from the Purchaser such damages as it may have sustained by reason of the cancellation; or 9.3 to cancel this agreement, repossess the stand and retain all amounts which the Purchaser has paid in terms hereof as a genuine pre-estimate of the damages which the Seller may have in law, including the right to claim damages: 13.1.1 To cancel this agreement (has sustained by reason of such cancellation in which event the Purchaser shall forfeit all monies paid be deemed to have authorized the Seller or its attorneys or agent/s in terms of this agreement and all interest thereon); and/or 13.1.2 To claim immediate performance and/or payment of all the Purchaser’s obligations in terms of this agreement; and/or 13.1.3 To recover from the Purchaser all or any brokerage payable or paid by the Seller in respect of this transaction. 13.2 Should the Seller take steps against the Purchaser pursuant agent to a breach by the Purchaser of this agreement, then without prejudice to any other rights which the Seller may have, the Seller shall be entitled to recover from the Purchaser all legal costs incurred by it including attorney/client charges, tracing fees and such collection commission as the Seller is obliged to pay to its attorneys. 13.3 Should transfer be delayed by the Purchaser for whatever reason and/or the Purchaser fail to deliver guarantees and/or meet any other financial obligation in this Agreement, then the Purchaser shall pay to the Seller interest on the full purchase price at the prime overdraft rate plus 3% (three per centum) charged any amount paid by him in terms hereof and invested by the Seller’s bankers from time to time calculated from the date that the Seller’s attorneys (acting as experts) certify in writing that in their opinion the transfer ought reasonably to have been registered, but for such delay. In the event of non-fulfilment of a financial obligation or failure to deliver a guarantee such penalty interest shall accrue from the due date for delivery of the guarantee/payment up until the actual date of delivery of the guarantee/payment or the date upon which the Purchaser has complied with all of the Purchasers obligations relating to transfer (whichever is the later). The penalty interest shall be paid by the Purchaser to the Seller prior to transfer of the propertyagent on his behalf.

BREACH BY PURCHASER. 13.1 If Should the Purchaser commits fail to pay the deposit on the date specified in A6.1 (failure of which will immediately entitle the Seller to enforce clause 27.1 or 27.2) or commit a breach of this agreement and/or fails to comply with any of the provisions hereofother terms and conditions of this agreement and fail to remedy this breach within 7 (Seven) days of delivery by hand or of date of posting of a written notice by registered post to the Purchaser at the Purchaser's domicilium citandi et executandi,, informing the Purchaser of his failure and calling upon him to remedy the breach, then the Seller shall be entitled to give the Purchaser not less than 7 (seven) days’ notice in writing to remedy such breach and/or failure and if the Purchaser fails to comply with such notice, then the Seller shall forthwith be entitled, but not obliged, without prejudice to any other rights the Seller may have in law: 27.1 to claim immediate payment of all amounts owing under the agreement, which amounts shall be deemed to become due and payable forthwith, or 27.2 to cancel this sale, obtain immediate repossession of the Property and to eject the Purchaser therefrom and: 27.2.1 to retain as "rouwkoop" and/or as liquidated damages and compensation for occupation of the Property by the Purchaser, all amounts paid by the Purchaser under this agreement , or in lieu of such payments, to retain and/or recover an amount equivalent to 10% (Ten Percent) of the Purchase Price, whichever is the greater, together with an amount equal to any agent's commission which may be payable to or have been paid by the Seller; or 27.2.2 to recover from the Purchaser the actual damages sustained by the Seller by reason of the Purchaser's default, and to retain all amounts paid by the Purchaser pending the determination of such damages; or 27.2.3 To escalate the Purchase Price at the rate of 1.5% (One Point Five Percent) of the Purchase Price per month or part thereof that the transfer is delayed due to the Purchaser's default. 27.3 If the Seller elects to institute action for the balance of the Purchase Price or any other monies which may be owing, including the taking of a judgment against the Purchaser, it shall not thereby be debarred from cancelling this agreement if the judgment is not satisfied within 30 (thirty) days of it being granted. 27.4 Should the Purchaser purport to unilaterally cancel this agreement or should he cancel same without any basis in law then the Seller shall be entitled without any notice having been given to the Purchaser to exercise any one of the remedies in its favour as set out in Clauses 27.1 and 27.2, without prejudice to any other remedies which the Seller may have in at law. 27.5 If the agreement is cancelled as herein before provided, including the Purchaser and all persons claiming a right to claim damages: 13.1.1 To cancel occupation through the Purchaser, shall forthwith be obliged to vacate the Section and to deliver it to the Seller. It is specifically hereby recorded in this agreement (regard that no lease or other right of occupation in which event favour of the Purchaser shall forfeit be created or come into existence by virtue of this agreement. 27.6 If, however, the Purchaser disputes the Seller's right to cancel this agreement, then pending the determination of such dispute, the Purchaser shall be obliged to continue to pay all monies paid to the Seller or its attorneys or agent/s amounts payable by him in terms of this agreement on the due dates thereof and all interest thereon); and/or 13.1.2 To claim immediate performance and/or payment of all the Purchaser’s obligations in terms of this agreement; and/or 13.1.3 To recover from the Purchaser all or any brokerage payable or paid by the Seller in respect of this transaction. 13.2 Should the Seller take steps against the Purchaser pursuant to a breach by the Purchaser of this agreement, then without prejudice to any other rights which the Seller may have, the Seller shall be entitled to recover from accept such payments without prejudice to its rights of cancellation as aforesaid. If such dispute is decided in favour of the Purchaser all legal costs incurred Seller, then such amounts so received by it including attorney/client charges, tracing fees and such collection commission as the Seller is obliged to pay to its attorneys. 13.3 Should transfer after cancellation as aforesaid shall be delayed by the Purchaser for whatever reason and/or the Purchaser fail to deliver guarantees and/or meet any other financial obligation in this Agreement, then the Purchaser shall pay to the Seller interest on the full purchase price at the prime overdraft rate plus 3% (three per centum) charged by the Seller’s bankers from time to time calculated from the date that the Seller’s attorneys (acting as experts) certify in writing that in their opinion the transfer ought reasonably deemed to have been registered, but for such delay. In the event of non-fulfilment of a financial obligation or failure to deliver a guarantee such penalty interest shall accrue from the due date for delivery of the guarantee/payment up until the actual date of delivery of the guarantee/payment or the date upon which the Purchaser has complied with all of the Purchasers obligations relating to transfer (whichever is the later). The penalty interest shall be paid by the Purchaser to the Seller prior to transfer of the propertycancellation.

BREACH BY PURCHASER. 13.1 12.1 If the Purchaser commits a breach of this agreement Agreement and/or fails to comply with any of the provisions hereof, then the Seller and/or Builder shall be entitled to give the Purchaser not less than 7 (seven7(seven) days’ notice in writing to remedy such breach and/or failure and if the Purchaser fails to comply with such notice, then the Seller and/or Builder shall forthwith be entitled, entitled (but not obliged, ) without prejudice to any other rights or remedies which the Seller and/or Builder may have in law, including the right to claim damages: 13.1.1 To 12.1.1 to cancel this agreement Agreement (in which event the Purchaser shall forfeit all monies paid to the Seller or and/or Builder, its attorneys or agent/s its agent(s) in terms of this agreement and all interest thereonAgreement); and/oror 13.1.2 To 12.1.2 to claim immediate performance and/or payment of all the Purchaser’s obligations of the Purchaser in terms of this agreement; and/or 13.1.3 To recover from Agreement, including payment of unpaid balance of the Purchaser all or any brokerage payable or paid by the Seller in respect of this transactionpurchase price. 13.2 12.2 Should the Seller and/or Builder take steps against the Purchaser pursuant to a breach by the Purchaser of this agreementAgreement, then without prejudice to any other rights which the Seller and/or Builder may have, the Seller and/or Builder shall be entitled to recover from the Purchaser all legal costs incurred by it including attorney/client charges, tracing fees and such collection commission as the Seller and/or Builder is obliged to pay to its attorneys. 13.3 Should transfer be delayed by 12.3 Without prejudice to all or any of the Purchaser for whatever reason rights of the Seller and/or Builder in terms of this Agreement, should the Purchaser fail to deliver guarantees and/or meet pay any other financial obligation amount due by the Purchaser in terms of this AgreementAgreement on the due date, then the Purchaser shall pay to the Seller and/or Builder interest on the full purchase price thereon at the prime overdraft rate plus 3% (three per centumpercent) charged by the Seller’s bankers from time to time calculated from the date that the Seller’s attorneys (acting as experts) certify in writing that in their opinion the transfer ought reasonably to have been registered, but for such delay. In the event of non-fulfilment of a financial obligation or failure to deliver a guarantee such penalty interest shall accrue from the due date for delivery of the guarantee/payment up until the actual date of delivery payment, both dates inclusive. 12.4 The Seller and/or Builder shall be entitled at its option to institute any legal proceedings which may arise out of or in connection with this Agreement in any magistrate’s court having jurisdiction, notwithstanding the fact that the claim or value of the guarantee/payment matter in dispute might exceed the jurisdiction of such magistrate’s court in respect of the cause of action or the date upon which amount claimed. 12.5 In the event of the Purchaser has complied with all of the Purchasers obligations relating to transfer (whichever is the later). The penalty interest shall be paid by the Purchaser to being provisionally or finally sequestrated or liquidated, the Seller prior to transfer of shall enjoy the propertysame rights as set out above.

BREACH BY PURCHASER. 13.1 12.1 If the Purchaser purchaser commits a breach of this agreement and/or fails to comply with any of the provisions hereof, then the Seller shall be entitled to give the Purchaser purchaser not less than 7 (seven) days’ days notice in writing to remedy such breach and/or failure and if the Purchaser purchaser fails to comply with such notice, then the Seller seller shall forthwith be entitled, but not obliged, without prejudice to any other rights or remedies which the Seller seller may have in law, including the right to claim damages: 13.1.1 To 12.1.1 to cancel this agreement (in which event the Purchaser purchaser shall forfeit all monies paid to the Seller seller or its attorneys or agent/s agent(s) in terms of this agreement and all interest thereonthereon which the attorneys are hereby authorised to pay to the seller); and/oror 13.1.2 To 12.1.2 to claim immediate performance and/or payment of all the Purchaser’s purchaser's obligations in terms of this agreement; , and/or 13.1.3 To 12.1.3 to recover from the Purchaser purchaser all or any brokerage payable or paid by the Seller seller in respect of this transaction. 13.2 12.2 Should the Seller seller take steps against the Purchaser purchaser pursuant to a breach by the Purchaser purchaser of this agreement, then without prejudice to any other rights which the Seller seller may have, the Seller seller shall be entitled to recover from the Purchaser purchaser all legal costs incurred by it including attorney/attorney and own client charges, tracing fees and such collection commission as the Seller seller is obliged to pay to its attorneys. 13.3 12.3 Should the transfer be delayed by the Purchaser purchaser for whatever reason and/or the Purchaser fail to deliver guarantees and/or meet any other financial obligation in this Agreementreason, then the Purchaser purchaser shall pay to the Seller seller interest on the full purchase price at two percent above the prime overdraft rate plus 3% (three per centum) charged by the Seller’s seller's bankers from time to time calculated from the date that the Seller’s attorneys seller's conveyancers (acting as experts) certify in writing that in their opinion the transfer ought reasonably to have been registered, but for such delay. In the event of non-fulfilment of a financial obligation or failure to deliver a guarantee such penalty interest shall accrue from the due date for delivery of the guarantee/payment up until the actual date of delivery of the guarantee/payment or the date upon which the Purchaser has complied with all of the Purchasers obligations relating to transfer (whichever is the later). The penalty interest shall be paid by the Purchaser to the Seller prior to transfer of the property.

BREACH BY PURCHASER. 13.1 If the Purchaser commits a breach purchaser defaults in the payment of this agreement and/or fails to comply with any sum whatsoever payable by him in terms hereof or breaches any of his other obligations (all of which are agreed to be material) hereunder or in terms of the provisions hereof, then Act or the Seller shall be entitled to give the Purchaser not less than 7 (seven) days’ notice in writing rules and fails to remedy such breach and/or failure and if within 10 (ten) days of the Purchaser fails to comply with dispatch of written notice requiring the remedy of such noticedefault or breach, then the Seller seller;/Developer shall forthwith be entitled, but not obliged, without prejudice to any other rights or remedies which the Seller may have in law, including the right available to claim damages: 13.1.1 To cancel this agreement (in which event the Purchaser shall forfeit all monies paid to the Seller or its attorneys or agent/s it in terms of this agreement or in law: 16.1 to claim and all recover from the purchaser forthwith the whole of the balance of the purchase price then outstanding together with interest thereon); and/or 13.1.2 To claim immediate performance and/or thereon at the effective interest rate up to the date of payment of such balance as well as all other sums for which the Purchaser’s obligations purchaser may then be liable in terms of this agreement; and/orprovided that if the purchaser fails to make payment as provided for in terms of this sub-clause, the rights of the seller/Developer under this agreement shall not be exhausted and the seller/Developer shall notwithstanding the election to claim immediate payment be entitled to exercise any of the rights available to it in terms hereof or at law; or 13.1.3 To recover 16.2 to cancel this agreement, repossess the unit and claim from the Purchaser purchaser such damages as it may have sustained by reason of the cancellation; or 16.3 to cancel this agreement, repossess the unit and retain all or amounts which the purchaser has paid in terms hereof as a genuine pre-estimate of the damages which the seller/Developer has sustained by reason of such cancellation in which event the purchaser shall be deemed to have authorised the conveyancer to pay to the seller/Developer any brokerage payable or amount paid by him in terms hereof and invested by the Seller in respect of this transactionconveyancer on his behalf. 13.2 Should 16.4 If the Seller take steps against the Purchaser pursuant to agreement is cancelled as a result of breach by the Purchaser purchaser of this any term or condition of the agreement, then without prejudice to any other rights which the Seller may have, the Seller purchaser shall be entitled obliged to pay a cancellation fee of R6 500.00 to the seller. This amount shall be appropriated directly from any monies held by the agent or the conveyancer, who are hereby authorised and directed to release the said amount to the seller immediately upon cancellation. This provision shall in no way limit the seller’s and or Developer`s right to recover from the Purchaser purchaser all legal costs incurred by it including attorney/client charges, tracing fees and such collection commission as the Seller is obliged to pay to its attorneys. 13.3 Should transfer be delayed by the Purchaser for whatever reason and/or the Purchaser fail to deliver guarantees and/or meet any other financial obligation in this Agreement, then the Purchaser shall pay to the Seller interest on the full purchase price at the prime overdraft rate plus 3% (three per centum) charged by the Seller’s bankers from time to time calculated damages arising from the date that the Seller’s attorneys (acting as experts) certify in writing that in their opinion the transfer ought reasonably to have been registered, but for such delay. In the event of non-fulfilment of a financial obligation or failure to deliver a guarantee such penalty interest shall accrue from the due date for delivery of the guarantee/payment up until the actual date of delivery of the guarantee/payment or the date upon which the Purchaser has complied with all of the Purchasers obligations relating to transfer (whichever is the later). The penalty interest shall be paid by the Purchaser to the Seller prior to transfer of the propertybreach.

BREACH BY PURCHASER. 13.1 If Should the Purchaser commits fail to make any payments on due date as provided for herein, or otherwise commit a breach of this agreement and/or fails to comply with any of the provisions hereofother terms and conditions hereof or progress payments that are due and payable and remain in breach for 7 (seven) days after dispatch of a written notice by registered post or email, then requiring him to remedy such breach of such other terms and conditions, the Seller shall be entitled to give the Purchaser not less than 7 (seven) days’ notice in writing to remedy such breach and/or failure forthwith, and if the Purchaser fails to comply with such notice, then the Seller shall forthwith be entitled, but not obliged, without prejudice to any other rights or remedies which the Seller may have in available at law, including the right to claim damagesto: 13.1.1 To cancel Claim for specific performance; or 13.1.2 Claim immediate payment of the entire balance outstanding although not otherwise due by the Purchaser under this agreement Agreement; or 13.1.3 Cancel this Agreement and claim damages suffered by the Seller as a result of such breach and subsequent cancellation, while retaining all amounts paid by the Purchaser as pre-determined liquidated damages suffered by the Seller (in against which event amount of damages the amounts paid by the Purchaser shall forfeit all monies paid be set-off), and furthermore, the Purchaser shall not be entitled to compensation from the Seller for any improvements of whatsoever nature he may have caused to the Seller property, whether with or its attorneys or agent/s without the Seller's consent; or 13.1.4 The Purchaser hereby authorise the Conveyancers to effect payment in terms of this agreement and all interest thereon); and/or 13.1.2 To claim immediate performance and/or payment of all accordance with the Purchaser’s obligations in terms of this agreement; and/or 13.1.3 To recover from the Purchaser all or any brokerage payable or paid by the Seller in respect of this transactionabove provisions. 13.2 Without prejudice to any rights of the Seller as set out herein, all monies payable by the Purchaser in terms hereof and unpaid on due date and any amounts secured by guarantee which is not provided on the due date shall bear interest at 5% (five percent) above the prime bank lending rate charged by the Seller's bankers from time to time. In the event of a dispute arising as to the rate payable, the rate shall be certified by any manager or assistant manager of any branch of the Seller's bank whose decision shall be final and binding on the Parties. Interest as aforesaid shall be calculated from the due date to actual date of payment and in the case of guarantees to be presented from the due date thereof until date of actual payment and shall be payable without demand having to be made therefore. Each payment made by the Purchaser shall be allocated first to the payment of interest and then to the payment of any other monies due in terms hereof and thereafter to the reduction of the purchase price. 13.3 Should the Seller take steps against the Purchaser pursuant to a breach by the Purchaser of this agreementAgreement, then without prejudice to any other rights which the Seller may have, the Seller shall be entitled to recover from the Purchaser all legal costs incurred by it including attorney/attorney and own client charges, tracing fees and such collection commission as the Seller is obliged to pay to its attorneys. 13.3 Should transfer be delayed by the Purchaser for whatever reason and/or the Purchaser fail to deliver guarantees and/or meet any other financial obligation in this Agreement, then the Purchaser shall pay to the Seller interest on the full purchase price at the prime overdraft rate plus 3% (three per centum) charged by the Seller’s bankers from time to time calculated from the date that the Seller’s attorneys (acting as experts) certify in writing that in their opinion the transfer ought reasonably to have been registered, but for such delay. In the event of non-fulfilment of a financial obligation or failure to deliver a guarantee such penalty interest shall accrue from the due date for delivery of the guarantee/payment up until the actual date of delivery of the guarantee/payment or the date upon which the Purchaser has complied with all of the Purchasers obligations relating to transfer (whichever is the later). The penalty interest shall be paid by the Purchaser to the Seller prior to transfer of the property.

BREACH BY PURCHASER. 13.1 12.1 If the Purchaser commits defaults in the payment of any sum whatsoever payable by him in terms hereof or delays the registration of transfer of the Unit for whatsoever reason or the Purchaser markets the Unit in any manner by placing advertisements or appoint a breach selling agent, or any other manner of this agreement and/or marketing before the Unit is registered into the name of the Purchaser (save as may be provided for) or breaches any of his other obligations (all of which are agreed to be material) hereunder or in terms of the Act or the Rules and fails to comply with any remedy such default or breach within 7 (SEVEN) days of despatch of a written notice requiring the provisions hereofremedy of such default or breach, then the Seller shall be entitled to give the Purchaser not less than 7 (seven) days’ notice in writing to remedy such breach and/or failure and if the Purchaser fails to comply with such notice, then the Seller shall forthwith be entitled, but not obliged, without prejudice to any other rights available to it in terms of this Agreement or remedies in law: 12.1.1 to claim and recover from the Purchaser forthwith the whole of the balance of the Purchase Price then outstanding together with interest thereon reckoned as herein before provided up to the date of payment of such balance as well as all other sums for which the Purchaser may then be liable in terms of this Agreement, including, but not limited to, any costs (as between attorney and own client) incurred by the Seller in exercising its rights under or enforcing the provisions of this contract in addition to costs of attendance whether action has been instituted or not, and including costs of tracing; provided that if the Purchaser fails to make payment as provided for in terms of this sub- clause, the rights of the Seller under this Agreement shall not be exhausted and the Seller shall notwithstanding the election to claim immediate payment be entitled to exercise any of the rights available to it in terms hereof or at law; or 12.1.2 to cancel this Agreement, repossess the Unit and claim from the Purchaser such damages as it may have sustained by reason of the cancellation; or 12.1.3 to cancel this Agreement, repossess the Unit and retain all amounts which the Purchaser has paid in terms hereof as a genuine pre-estimate of the damages which the Seller may have in law, including the right to claim damages: 13.1.1 To cancel this agreement (has sustained by reason of such cancellation in which event the Purchaser shall forfeit all monies paid be deemed to have irrevocably instructed the Seller’s Conveyancers to pay to the Seller any Deposit paid by him in terms hereof and invested by the Seller’s Conveyancers on his behalf. 12.2 If this Agreement is cancelled as hereinbefore provided, the Purchaser and all persons claiming a right of occupation through the Purchaser (together with all those holding through or its attorneys under the Purchaser), shall forthwith vacate the Unit and deliver it to the Seller. No Lease or agent/s Right of Occupation in favour of the Purchaser shall be created or come into existence by virtue of this Agreement. 12.3 If the Purchaser disputes the Seller’s right to cancel this Agreement, then pending the determination of such dispute, the Purchaser shall be obliged to continue to pay all amounts payable by him in terms of this agreement Agreement on the due dates thereof and all interest thereon); and/or 13.1.2 To claim immediate performance and/or payment of all the Purchaser’s obligations in terms of this agreement; and/or 13.1.3 To recover from the Purchaser all or any brokerage payable or paid by the Seller in respect of this transaction. 13.2 Should the Seller take steps against the Purchaser pursuant to a breach by the Purchaser of this agreement, then without prejudice to any other rights which the Seller may have, the Seller shall be entitled to recover from the Purchaser all legal costs incurred by it including attorney/client charges, tracing fees and accept such collection commission payments without prejudice to its rights of cancellation as aforesaid. If such dispute is decided in favour of the Seller is obliged to pay to its attorneys. 13.3 Should transfer be delayed then such amounts so received by the Purchaser for whatever reason and/or the Purchaser fail to deliver guarantees and/or meet any other financial obligation in this Agreement, then the Purchaser Seller after cancellation as aforesaid shall pay to the Seller interest on the full purchase price at the prime overdraft rate plus 3% (three per centum) charged by the Seller’s bankers from time to time calculated from the date that the Seller’s attorneys (acting as experts) certify in writing that in their opinion the transfer ought reasonably be deemed to have been registered, but for such delay. In the event of non-fulfilment of a financial obligation or failure to deliver a guarantee such penalty interest shall accrue from the due date for delivery of the guarantee/payment up until the actual date of delivery of the guarantee/payment or the date upon which the Purchaser has complied with all of the Purchasers obligations relating to transfer (whichever is the later). The penalty interest shall be paid by the Purchaser to the Seller prior to transfer of the propertycancellation.

BREACH BY PURCHASER. 13.1 If In the Purchaser commits a breach of this agreement and/or event PURCHASER fails to comply with any of this agreement within the provisions hereoftime specified, then the Seller SELLER shall be entitled to give the Purchaser not less than 7 (seven) days’ notice in writing to remedy such breach and/or failure and if the Purchaser fails to comply with such notice, then the Seller shall forthwith be entitled, but not obliged, without prejudice to any other rights or remedies which the Seller may have in law, including the right to claim damages: 13.1.1 To cancel this agreement (in which event demand specific performance, or at SELLER'S option, SELLER shall have the Purchaser right to offer the property for sale and may declare the deposit, ipso facto, forfeited, without formality beyond tender of title to PURCHASER. In either event, SELLER, shall forfeit all monies paid have the right to the Seller or its attorneys or agent/s in terms recover any costs and/or fees , including expenses and reasonable attorney's fees, incurred as a result of this agreement or breach thereof. PROPERTY ADDRESS: DATE: PROPERTY CONDITION CLAUSE: PURCHASER acknowledges that the price of the property was negotiated based upon the property's present condition; accordingly SELLER is not obligated to make any repairs to the property; unless otherwise stated herein, and all interest thereon); and/or 13.1.2 To claim immediate performance and/or payment of all PURCHASER has no right to demand any repairs, including repairs required by Lender. Within ten (10) calender days, commencing on the Purchaser’s obligations in terms of this agreement; and/or 13.1.3 To recover from the Purchaser all or any brokerage payable or paid by the Seller in respect of this transaction. 13.2 Should the Seller take steps against the Purchaser pursuant to a breach by the Purchaser first day after acceptance of this agreement, then without prejudice PURCHASER may, at his expense, have any inspections made by experts or others of his choosing. Such inspections may include, but are not limited to , inspections of or for termites and other wood destroying insects, and/or damage from same, appliances, structure roof, heating, cooling, electrical plumbing systems, and any other rights which items addressed in the Seller may haveProperty Disclosure Addendum, if any. SELLER agrees to provide the utilities for inspections. Upon completion of such inspections, PURCHASER must provide SELLER (or SELLER'S agent/broker) with a copy of all inspection reports, and , if PURCHASER is not satisfied with the present condition of the property as reflected in the inspection reports, PURCHASER must indicate, in writing, the Seller deficiencies with which he is not satisfied and SELLER will have 72 hours to respond, in writing, his willingness to remedy those deficiencies or this agreement is null and void. FAILURE TO MAKE INSPECTIONS OR TO GIVE WRITTEN RESPONSE TO SELLER OR SELLER'S AGENT/BROKER WITHIN THE TEN (10) CALENDER DAYS SHALL BE DEEMED AS ACCEPTANCE BY PURCHASER OF THE PROPERTY IN ITS PRESENT CONDITION. PURCHASER shall have the right to reinspect the property within five (5) days prior to the Act of Bond For Deed, or occupancy, whichever occurs first, in order to determine if the property is in the same or better condition as was present at the initial inspection(s). PURCHASER will provide and pay for a termite inspection certificate if required by LENDER and will be entitled to recover from reimbursed by SELLER for costs of that inspection certificate at the Purchaser all legal costs incurred by it including attorney/client chargesAct of Bond For Deed, tracing fees and such collection commission as plus the Seller is obliged to pay to its attorneys. 13.3 Should transfer be delayed cost of any updated inspection certificates required by the Purchaser for whatever reason and/or the Purchaser fail Lender. SELLER'S cost not to deliver guarantees and/or meet any other financial obligation in this Agreementexceed $ . HOME WARRANTY PROGRAM: Home Protection Plan will be purchased at closing at a cost not to exceed $ , then the Purchaser shall pay to the Seller interest on the full purchase price at the prime overdraft rate plus 3% (three per centum) charged by the Seller’s bankers from time to time calculated from the date that the Seller’s attorneys (acting as experts) certify in writing that in their opinion the transfer ought reasonably to have been registered, but for such delay. In the event of non-fulfilment of a financial obligation or failure to deliver a guarantee such penalty interest shall accrue from the due date for delivery of the guarantee/payment up until the actual date of delivery of the guarantee/payment or the date upon which the Purchaser has complied with all of the Purchasers obligations relating to transfer (whichever is the later). The penalty interest shall be paid by the Purchaser to the Seller prior to transfer and ordered by , agent/broker. I is understood that agent/broker may receive compensation from Home Warranty Company. HOME WARRANTY PLAY MAY NOT WARRANT PRE-EXISTING DEFECTS, AND DOES NOT SUPERSEDE OR REPLACE ANY OTHER INSPECTION CLAUSES if neither PURCHASER or SELLER accept home warranty plan, they declare that they have been made aware of the property.existence of such plan, and its advantages, by agent/broker, and further declare that hold them harmless from any responsibility or liability for their rejection of such plan. PROVISIONS FOR EXISTING MORTGAGE LOANS: (Check appropriate option and complete applicable paragraph)

BREACH BY PURCHASER. 13.1 If the Purchaser commits a breach of this agreement and/or fails shall fail to comply with perform any of the provisions hereofcovenants or agreements to be performed by it under this Agreement on or before the Closing Date, then the Seller Sellers’ sole and exclusive remedy shall be entitled to give terminate this Agreement and receive the Purchaser not less Deposit as liquidated damages for Purchaser’s default (with the Title Company to, subject to Section 2.2(b)(i), pay the Deposit to Sellers upon Sellers’ request, which request shall be deemed to be an Instruction), all other claims for losses, damages, costs and expenses (other than 7 (seven) days’ notice in writing to remedy such breach and/or failure and if the Purchaser fails to comply with such notice, then the Seller shall forthwith be entitled, but not obliged, without prejudice to any other rights or remedies which the Seller may have in law, including the right to claim recover losses, damages: 13.1.1 To cancel this agreement (in which event the Purchaser shall forfeit all monies paid to the Seller , costs or its attorneys or agent/s in terms of this agreement and all interest thereon); and/or 13.1.2 To claim immediate performance and/or payment of all the Purchaser’s obligations in terms of this agreement; and/or 13.1.3 To recover from the Purchaser all or any brokerage payable or paid by the Seller in respect of this transaction. 13.2 Should the Seller take steps against the Purchaser expenses pursuant to any Indemnification Obligation) being waived hereby. Purchaser and Sellers hereby acknowledge and agree that the actual damages suffered by Sellers as a result of such breach by Purchaser would be impracticable, extremely difficult or impossible to determine and Purchaser agrees that the Purchaser amount of this agreement, then without prejudice to any other rights which the Seller may have, the Seller Deposit shall be the amount of damages to which Sellers are entitled in such event, and that the amount of such liquidated damages is reasonable and does not constitute a penalty. Notwithstanding the foregoing, in no event shall Sellers’ ability to recover from Purchaser any loss, cost, damage or expense pursuant to any Indemnification Obligation be deemed limited in any respect by Sellers’ receipt of the Purchaser all legal costs incurred by it including attorney/client charges, tracing fees and such collection commission Deposit as the Seller is obliged to pay to its attorneys. 13.3 Should transfer be delayed by the Purchaser for whatever reason and/or the Purchaser fail to deliver guarantees and/or meet any other financial obligation in this Agreement, then the Purchaser shall pay to the Seller interest on the full purchase price at the prime overdraft rate plus 3% (three per centum) charged by the Seller’s bankers from time to time calculated from the date that the Seller’s attorneys (acting as experts) certify in writing that in their opinion the transfer ought reasonably to have been registered, but for such delayaforesaid. In the event of non-fulfilment of a financial obligation Seller is obligated to engage attorneys to collect the Deposit, and Seller is thereafter successful in collecting the Deposit, then Purchaser shall pay Sellers’ reasonable attorneys’ fees incurred in respect thereof. Further, if this Agreement is terminated as aforesaid, then Purchaser shall, at its election, promptly either return the Study Materials to Sellers or failure to deliver a guarantee such penalty interest shall accrue from the due date for delivery of the guarantee/payment up until the actual date of delivery of the guarantee/payment or the date upon which the Purchaser has complied with destroy all of the Purchasers obligations relating Study Materials (including all copies thereof) in the possession of Purchaser and its employees, agents, representatives and consultants and confirm such destruction in writing to transfer Sellers (whichever is the laterat no cost to Sellers in either such event). The penalty interest foregoing obligations of Purchaser shall survive the termination of this Agreement. In no event shall Sellers be paid entitled to make a claim for, or recover against Purchaser, any consequential, exemplary or punitive damages for any breach by the Purchaser of this Agreement or pursuant to the Seller prior to transfer of the propertyany Indemnification Obligation hereunder.

BREACH BY PURCHASER. 13.1 If the Purchaser commits a breach of this agreement and/or fails to comply with any of the provisions hereofterms, then the conditions or obligations of this Agreement, Seller may terminate this Agreement and thereupon shall be entitled to give the Purchaser Xxxxxxx Money as liquidated damages (and not less than 7 as a penalty) and as Seller’s sole remedy and relief hereunder (seven) days’ except for the Surviving Obligations). Seller hereby agrees that prior to its exercise of any rights or remedies as a result of any defaults by Purchaser, Seller will first deliver written notice in writing of said default to remedy such breach and/or failure Purchaser, and if Purchaser so elects, Purchaser shall have the opportunity, but not the obligation, to cure such default within ten (10) days after Purchaser’s receipt of such notice; provided, however, that in the event Purchaser fails to comply with such noticeconsummate the closing on the Closing Date, then Purchaser shall have the Seller shall forthwith be entitledopportunity, but not obligedthe obligation, without prejudice to cure such default within five (5) days of the Closing Date; further provided that Purchaser shall not be entitled to any such cure period for a failure to consummate the closing on the Closing Date pursuant to the terms and conditions of this Agreement if such failure is solely due to Purchaser’s failure to fund the Purchase Price on the Closing Date (other rights or remedies which the Seller may have in lawthan a delay caused by Purchaser’s lender, including the right to claim damages: 13.1.1 To cancel this agreement (if any, in which event the case Purchaser shall forfeit all monies paid to the Seller or its attorneys or agent/s in terms of this agreement and all interest thereon); and/or 13.1.2 To claim immediate performance and/or payment of all the Purchaser’s obligations in terms of this agreement; and/or 13.1.3 To recover from the Purchaser all or any brokerage payable or paid by the Seller in respect of this transaction. 13.2 Should the Seller take steps against the Purchaser pursuant to a breach by the Purchaser of this agreement, then without prejudice to any other rights which the Seller may have, the Seller shall be entitled to recover from the aforementioned five (5) day cure period). Seller and Purchaser all legal costs incurred by have made this provision for liquidated damages because it including attorney/client chargeswould be difficult to calculate, tracing fees on the date hereof, the amount of actual damages for such breach, and Seller and Purchaser agree that these sums represent reasonable compensation to Seller for such collection commission breach. Notwithstanding the provisions of Section 8.2(a) above, the foregoing shall not in any way limit, affect or impair any of Purchaser’s indemnities as the Seller is obliged to pay to its attorneys. 13.3 Should transfer be delayed by the Purchaser for whatever reason and/or the Purchaser fail to deliver guarantees and/or meet any other financial obligation provided in Sections 4.2, 6.3(b) or 10.2 of this Agreement, then the Purchaser shall pay to the Seller interest on the full purchase price at the prime overdraft rate plus 3% (three per centum) charged by the Seller’s bankers from time to time calculated from the date that the Seller’s attorneys (acting as experts) certify in writing that in their opinion the transfer ought reasonably to have been registered, but for such delay. In the event of non-fulfilment of a financial obligation or failure to deliver a guarantee such penalty interest shall accrue from the due date for delivery of the guarantee/payment up until the actual date of delivery of the guarantee/payment or the date upon which the Purchaser has complied with all of the Purchasers obligations relating to transfer (whichever is the later). The penalty interest shall be paid by the Purchaser to the Seller prior to transfer of the property.

BREACH BY PURCHASER. 13.1 If the Purchaser commits a breach purchaser defaults in the payment of this agreement and/or fails to comply with any sum whatsoever payable by him in terms hereof or breaches any of his other obligations (all of which are agreed to be material) hereunder or in terms of the provisions hereof, then Act or the Seller shall be entitled to give the Purchaser not less than 7 (seven) days’ notice in writing rules and fails to remedy such breach and/or failure and if within 10 (ten) days of the Purchaser fails to comply with dispatch of written notice requiring the remedy of such noticedefault or breach, then the Seller seller;/Developer shall forthwith be entitled, but not obliged, without prejudice to any other rights or remedies which the Seller may have in law, including the right available to claim damages: 13.1.1 To cancel this agreement (in which event the Purchaser shall forfeit all monies paid to the Seller or its attorneys or agent/s it in terms of this agreement or in law: 16.1 to claim and all recover from the purchaser forthwith the whole of the balance of the purchase price then outstanding together with interest thereon); and/or 13.1.2 To claim immediate performance and/or thereon at the effective interest rate up to the date of payment of such balance as well as all other sums for which the Purchaser’s obligations purchaser may then be liable in terms of this agreement; and/orprovided that if the purchaser fails to make payment as provided for in terms of this sub-clause, the rights of the seller/Developer under this agreement shall not be exhausted and the seller/Developer shall notwithstanding the election to claim immediate payment be entitled to exercise any of the rights available to it in terms hereof or at law; or 13.1.3 To recover 16.2 to cancel this agreement, repossess the unit and claim from the Purchaser purchaser such damages as it may have sustained by reason of the cancellation; or 16.3 to cancel this agreement, repossess the unit and retain all or amounts which the purchaser has paid in terms hereof as a genuine pre-estimate of the damages which the seller/Developer has sustained by reason of such cancellation in which event the purchaser shall be deemed to have authorised the conveyancer to pay to the seller/Developer any brokerage payable or amount paid by him in terms hereof and invested by the Seller in respect of this transactionconveyancer on his behalf. 13.2 Should 16.4 If the Seller take steps against the Purchaser pursuant to agreement is cancelled as a result of breach by the Purchaser purchaser of this any term or condition of the agreement, then without prejudice to any other rights which the Seller may have, the Seller purchaser shall be entitled obliged to pay a cancellation fee of R6 500.00 to the seller. This amount shall be appropriated directly from any monies held by the agent or the conveyancer, who are hereby authorised and directed to release the said amount to the seller immediately upon cancellation. This provision shall in no way limit the seller's and or Developer`s right to recover from the Purchaser purchaser all legal costs incurred by it including attorney/client charges, tracing fees and such collection commission as the Seller is obliged to pay to its attorneys. 13.3 Should transfer be delayed by the Purchaser for whatever reason and/or the Purchaser fail to deliver guarantees and/or meet any other financial obligation in this Agreement, then the Purchaser shall pay to the Seller interest on the full purchase price at the prime overdraft rate plus 3% (three per centum) charged by the Seller’s bankers from time to time calculated damages arising from the date that the Seller’s attorneys (acting as experts) certify in writing that in their opinion the transfer ought reasonably to have been registered, but for such delay. In the event of non-fulfilment of a financial obligation or failure to deliver a guarantee such penalty interest shall accrue from the due date for delivery of the guarantee/payment up until the actual date of delivery of the guarantee/payment or the date upon which the Purchaser has complied with all of the Purchasers obligations relating to transfer (whichever is the later). The penalty interest shall be paid by the Purchaser to the Seller prior to transfer of the propertybreach.

BREACH BY PURCHASER. 13.1 If In the event that Purchaser commits a shall breach any of its obligations hereunder prior to Closing or shall fail to consummate this Agreement at Closing for any reason other than Seller's default or the termination of this agreement and/or fails Agreement by Purchaser or Seller pursuant to comply with any of a right to do so under the terms and provisions hereof, and if Seller is not then in default, then Seller, as its sole and exclusive remedy for such pre-Closing breach, may terminate this Agreement and receive the Xxxxxxx Money as liquidated damages. The parties agree that Seller will suffer damages in the event of Purchaser's default on its pre-Closing obligations. Although the amount of such damages are difficult or impossible to determine, the parties agree that the amount of the Xxxxxxx Money is a reasonable estimate of Seller's loss in the event of Purchaser's pre-Closing default. Thus, Seller shall be entitled to give accept and retain the Purchaser not less than 7 (seven) days’ notice in writing to remedy such breach and/or failure and if the Purchaser fails to comply with such notice, then the Seller shall forthwith be entitledXxxxxxx Money as liquidated damages, but not obligedas a penalty. In the event Seller is entitled to the Xxxxxxx Money and the Xxxxxxx Money has not been previously distributed to Seller as liquidated damages, without prejudice to any other rights or remedies which the Seller may have in law, including the right to claim damages: 13.1.1 To cancel this agreement (in which event the Purchaser Xxxxxxx Money shall forfeit all monies be immediately paid to Seller by the Title Company upon written receipt of notice from Seller that Purchaser has defaulted under this Agreement. Purchaser agrees to take all such actions and execute and deliver all such documents necessary or its attorneys or agent/s in terms of this agreement and all interest thereon); and/or 13.1.2 To claim immediate performance and/or appropriate to effect such payment of all the Purchaser’s obligations in terms of this agreement; and/or 13.1.3 To recover from the Purchaser all or any brokerage payable or paid by the Seller in respect of this transaction. 13.2 Should the Seller take steps against the Purchaser pursuant Xxxxxxx Money to a breach by the Purchaser of this agreement, then without prejudice to any other rights which the Seller may have, the Seller. Seller shall also be entitled to recover from the Purchaser all legal costs incurred by it including attorney/client charges, tracing its damages and reasonable attorneys' fees and such collection commission as costs in seeking recovery of the Xxxxxxx Money if Purchaser fails to instruct the Title Company to disburse the Xxxxxxx Money to Seller when Seller is obliged entitled to pay obtain disbursement of the Xxxxxxx Money pursuant to its attorneys. 13.3 Should transfer be delayed by the Purchaser for whatever reason and/or the Purchaser fail to deliver guarantees and/or meet any other financial obligation in this Agreement, then the Purchaser shall pay to the Seller interest on the full purchase price at the prime overdraft rate plus 3% (three per centum) charged by the Seller’s bankers from time to time calculated from the date that the Seller’s attorneys (acting as experts) certify in writing that in their opinion the transfer ought reasonably to have been registered, but for such delay. In the event of non-fulfilment of a financial obligation or failure to deliver a guarantee such penalty interest shall accrue from the due date for delivery of the guarantee/payment up until the actual date of delivery of the guarantee/payment or the date upon which the Purchaser has complied with all of the Purchasers obligations relating to transfer (whichever is the later). The penalty interest shall be paid by the Purchaser to the Seller prior to transfer of the property.

BREACH BY PURCHASER. 13.1 16.1 If the Purchaser purchaser commits a breach of this agreement and/or fails to comply with any of the provisions hereof, then the Seller shall be entitled to give the Purchaser purchaser not less than 7 (seven) days’ days notice in writing to remedy such breach and/or failure and if the Purchaser purchaser fails to comply with such notice, then the Seller seller shall forthwith be entitled, but not obliged, without prejudice to any other rights or remedies which the Seller seller may have in law, including the right to claim damages: 13.1.1 To 16.1.1 to cancel this agreement (in which event the Purchaser purchaser shall forfeit all monies paid to the Seller seller or its attorneys or agent/s agent(s) in terms of this agreement and all interest thereonthereon which the attorneys are hereby authorised to pay to the seller); and/oror; 13.1.2 To 16.1.2 to claim immediate performance and/or payment of all the Purchaser’s purchaser's obligations in terms of this agreement; , and/or 13.1.3 To 16.1.3 to recover from the Purchaser purchaser all or any brokerage payable or paid by the Seller seller in respect of this transaction. 13.2 16.2 Should the Seller seller take steps against the Purchaser purchaser pursuant to a breach by the Purchaser purchaser of this agreement, then without prejudice to any other rights which the Seller seller may have, the Seller seller shall be entitled to recover from the Purchaser purchaser all legal costs incurred by it including attorney/attorney and own client charges, tracing fees and such collection commission as the Seller seller is obliged to pay to its attorneys. 13.3 16.3 Should the transfer be delayed by the Purchaser purchaser for whatever reason and/or the Purchaser fail to deliver guarantees and/or meet any other financial obligation in this Agreementreason, then the Purchaser purchaser shall pay to the Seller seller interest on the full purchase price at two percent above the prime overdraft rate plus 3% (three per centum) charged by the Seller’s seller's bankers from time to time calculated from the date that the Seller’s attorneys seller's conveyancers (acting as experts) certify in writing that in their opinion the transfer ought reasonably to have been registered, but for such delay. In the event of non-fulfilment of a financial obligation or failure to deliver a guarantee such penalty interest shall accrue from the due date for delivery of the guarantee/payment up until the actual date of delivery of the guarantee/payment or the date upon which the Purchaser has complied with all of the Purchasers obligations relating to transfer (whichever is the later). The penalty interest shall be paid by the Purchaser to the Seller prior to transfer of the property.

BREACH BY PURCHASER. 13.1 If the Purchaser commits a breach fails to pay any amount due in terms of this agreement and/or Agreement or breaches any other obligation (all of which are agreed to be material) contained in this Agreement or the Act or the STSM Act or the Rules and fails to comply with any remedy such default or breach within 10 (ten) days of the provisions hereofdispatch of written notice requiring the remedy of such default or breach, then the Seller shall be entitled to give the Purchaser not less than 7 (seven) days’ notice in writing to remedy such breach and/or failure and if the Purchaser fails to comply with such notice, then the Seller shall forthwith be entitled, but not obliged, without prejudice to any other rights available to it in terms of this Agreement or remedies in law: 15.1 forthwith to claim and recover from the Purchaser the Purchase Price then outstanding together with interest thereon calculated in terms of 15.4 together with all other sums for which the Purchaser may then be liable in terms of this Agreement; or 15.2 to cancel this Agreement, repossess the Section if the Purchaser is in occupation and claim from the Purchaser such damages as it may have sustained by reason of the cancellation; or 15.3 to cancel this Agreement, repossess the Section if the Purchaser is in occupation and retain all amounts which the Purchaser has paid in terms hereof as a genuine pre-estimate of the damages which the Seller may have in lawhas sustained by reason of such cancellation, including the right to claim damages: 13.1.1 To cancel this agreement (in which event the Purchaser shall forfeit all monies paid hereby authorises the Seller’s Conveyancer to the Seller or its attorneys or agent/s in terms of this agreement and all interest thereon); and/or 13.1.2 To claim immediate performance and/or payment of all the Purchaser’s obligations in terms of this agreement; and/or 13.1.3 To recover from the Purchaser all or any brokerage payable or paid by the Seller in respect of this transaction. 13.2 Should the Seller take steps against the Purchaser pursuant to a breach by the Purchaser of this agreement, then without prejudice to any other rights which the Seller may have, the Seller shall be entitled to recover from the Purchaser all legal costs incurred by it including attorney/client charges, tracing fees and such collection commission as the Seller is obliged to pay to its attorneys. 13.3 Should transfer be delayed by the Purchaser for whatever reason and/or the Purchaser fail to deliver guarantees and/or meet any other financial obligation in this Agreement, then the Purchaser shall pay to the Seller forthwith on cancellation any amounts held by the Seller’s Conveyancer in trust. 15.4 The Purchaser shall pay interest on the full purchase price calculated monthly in advance at the prime primary overdraft rate of interest charged by Nedbank Limited plus 3% (three per centumpercent) charged by the Seller’s bankers from time to time calculated on any amount due in terms of this Agreement from the date that the Seller’s attorneys (acting as experts) certify in writing that in their opinion the transfer ought reasonably to have been registered, but for such delay. In the event of non-fulfilment of a financial obligation or failure to deliver a guarantee such penalty interest shall accrue from the due date for delivery dispatch of the guarantee/payment up notice referred to above until the actual date of delivery payment. 15.5 The Seller shall not, in consequence of electing to exercise one of the guarantee/payment or the date upon rights set out in this clause, be precluded from exercising any other right to which the Purchaser has complied with all of the Purchasers obligations relating to transfer (whichever is the later). The penalty interest shall it would otherwise be paid by the Purchaser to the Seller prior to transfer of the propertyentitled in law.

BREACH BY PURCHASER. 13.1 If the Purchaser commits a breach of this agreement and/or fails to comply with any of the provisions hereof, then the Seller shall be entitled to give the Purchaser not less than 7 (seven1) days’ notice in writing to remedy such breach and/or failure and if the Purchaser fails to comply purchase the Property in accordance with the terms and requirements of this Agreement, or (2) if Purchaser defaults in the performance of any other obligation under this Agreement and such noticedefault in the performance of such other obligation is not cured within ten (10) days after written notice thereof from Seller (individually and collectively, a “Purchaser Default”), then Seller may elect in Seller’s sole discretion, as Seller’s sole and exclusive legal and equitable remedy for such breach, either of the following remedies: (A) to retain the Deposit as liquidated damages, and not as a penalty, whereupon this Agreement shall be terminated (except for Seller’s right to xxx Purchaser for specific performance of Purchaser’s obligation to pay any portion of the Deposit, if any, that has not been deposited by Purchaser with the Escrow Agent in accordance with the terms of this Agreement, which right shall survive such termination of this Agreement, and except for those other provisions of this Agreement that are expressly stated to survive the termination of this Agreement), or (B) to xxx Purchaser for specific performance of this Agreement. The Parties agree that Seller’s actual damages in the event of such a default by Purchaser would be difficult, if not impossible, to ascertain and, further, that said liquidated damages, if elected by Seller, are a reasonable and good faith approximation of what Seller’s actual damages would be under such circumstances. Such remedies shall not, however, be the exclusive remedy of Seller in connection with Purchaser’s restoration and indemnification obligations hereunder, or other obligations of Purchaser that expressly survive the termination of this Agreement, which shall include, without limitation, performance by Purchaser of Purchaser’s Post-Closing Covenants. The Parties expressly agree that Seller shall forthwith be entitled, but not obliged, without prejudice to any other rights or remedies which the Seller may have in law, including the right to claim damages: 13.1.1 To cancel this agreement (in which event the xxx Purchaser shall forfeit all monies paid to the Seller or its attorneys or agent/s in terms for specific performance of this agreement and all interest thereon); and/or 13.1.2 To claim immediate performance and/or payment of all the Purchaser’s obligations in terms of this agreement; and/or 13.1.3 To recover from the Purchaser all or any brokerage payable or paid by the Seller in respect of this transactionPost-Closing Covenants. 13.2 Should the Seller take steps against the Purchaser pursuant to a breach by the Purchaser of this agreement, then without prejudice to any other rights which the Seller may have, the Seller shall be entitled to recover from the Purchaser all legal costs incurred by it including attorney/client charges, tracing fees and such collection commission as the Seller is obliged to pay to its attorneys. 13.3 Should transfer be delayed by the Purchaser for whatever reason and/or the Purchaser fail to deliver guarantees and/or meet any other financial obligation in this Agreement, then the Purchaser shall pay to the Seller interest on the full purchase price at the prime overdraft rate plus 3% (three per centum) charged by the Seller’s bankers from time to time calculated from the date that the Seller’s attorneys (acting as experts) certify in writing that in their opinion the transfer ought reasonably to have been registered, but for such delay. In the event of non-fulfilment of a financial obligation or failure to deliver a guarantee such penalty interest shall accrue from the due date for delivery of the guarantee/payment up until the actual date of delivery of the guarantee/payment or the date upon which the Purchaser has complied with all of the Purchasers obligations relating to transfer (whichever is the later). The penalty interest shall be paid by the Purchaser to the Seller prior to transfer of the property.

BREACH BY PURCHASER. 13.1 8.1 If the Purchaser commits a breach of this agreement and/or fails to comply with any of the provisions hereof, then the Seller shall be entitled to give the Purchaser not less than 7 (seven) days’ notice in writing to remedy such breach and/or failure and if the Purchaser fails to comply with such notice, then the Seller shall forthwith be entitled, but not obliged, without prejudice to any other rights or remedies which the Seller may have in law, including the right to claim damages: 13.1.1 8.1.1 To cancel this agreement (in which event the Purchaser shall forfeit all monies paid to the Seller or its attorneys or agent/s in terms of this agreement and all interest thereon); and/or 13.1.2 8.1.2 To claim immediate performance and/or payment of all the Purchaser’s obligations in terms of this agreement; and/or 13.1.3 8.1.3 To recover from the Purchaser all or any brokerage payable or paid by the Seller in respect of this transaction. 13.2 8.2 Should the Seller take steps against the Purchaser pursuant to a breach of this agreement by the Purchaser of this agreementPurchaser, then without prejudice to any other rights which the Seller may have, the Seller shall be entitled to recover from the Purchaser all legal costs incurred by it including attorney/client charges, tracing fees and such collection commission as the Seller is obliged to pay to its attorneys. 13.3 8.3 Should transfer be delayed by the Purchaser for whatever reason and/or the Purchaser fail to deliver guarantees and/or meet any other financial obligation in this Agreement, then the Purchaser shall pay to the Seller interest on the full purchase price at the prime overdraft rate plus 315% (three fifteen per centum) charged by the Seller’s bankers from time to time calculated from the date that the Seller’s attorneys (acting as experts) certify in writing that in their opinion the transfer ought reasonably to have been registered, but for such delay. In the event of non-fulfilment of a financial obligation or failure to deliver a guarantee such penalty interest shall accrue from the due date for delivery of the guarantee/payment up until the actual date of delivery of the guarantee/payment or the date upon which the Purchaser has complied with all of the Purchasers obligations relating to transfer (whichever is the later). The penalty interest shall be paid by the Purchaser to the Seller prior to transfer of the property. 9.1 Should the Purchaser act as representative of a Company or Close Corporation, to be formed, (hereinafter referred to as "the legal entity"), the Purchaser undertakes to register the legal entity within 30 (thirty) days after this agreement has been signed, to inform the Seller of the information of the legal entity and to deliver the notice and ratification and proof thereof to the attorneys, within 40 (forty) days after this agreement has been signed.

BREACH BY PURCHASER. 13.1 If the Purchaser commits a breach of this agreement and/or fails to comply with any of the provisions hereof, then the Seller shall be entitled to give the Purchaser not less than 7 (seven) days’ notice in writing to remedy such breach and/or failure and if the Purchaser fails to comply with such notice, then the Seller shall forthwith be entitled, but not obliged, without prejudice to any other rights or remedies which the Seller may have in law, including the right to claim damages: 13.1.1 : To cancel this agreement (in which event the Purchaser shall forfeit all monies paid to the Seller or its attorneys or agent/s in terms of this agreement and all interest thereon); and/or 13.1.2 and any game already delivered To claim immediate performance and/or payment of all the Purchaser’s obligations in terms of this agreement; and/or 13.1.3 To recover from and/or The purchaser shall immediately vacate the Purchaser all or any brokerage payable or paid by property and return it in the Seller same state in respect of this transaction. 13.2 which he received it. Should the Seller take steps against the Purchaser pursuant to a breach by the Purchaser of this agreement, then without prejudice to any other rights which the Seller may have, the Seller shall be entitled to recover from the Purchaser all legal costs incurred by it including attorney/client charges, tracing fees and such collection commission as the Seller is obliged to pay to its attorneys. 13.3 . Should transfer be delayed by the Purchaser for whatever reason and/or and the Purchaser fail Seller elects not to deliver guarantees and/or meet any other financial obligation in cancel this Agreementagreement, then the Purchaser shall pay to the Seller interest on the full purchase price at the prime overdraft rate plus 3% (three per centum) charged by the Seller’s bankers from time to time calculated from the date that the Seller’s attorneys (acting as experts) certify in writing that in their opinion the transfer ought reasonably to have been registered, but for such delay. In the event of non-fulfilment of a financial obligation or failure to deliver a guarantee such penalty interest shall accrue from the due date for delivery of the guarantee/payment up until the actual date of delivery of the guarantee/payment or the date upon which the Purchaser has complied with all of the Purchasers obligations relating to transfer (whichever is the later). The penalty interest shall be paid by the Purchaser to the Seller prior to transfer of the property.

BREACH BY PURCHASER. 13.1 11.1 If the Purchaser commits a breach of this agreement and/or fails to comply with any of the provisions hereof, then the Seller shall be entitled to give the Purchaser not less than 7 (seven) days’ notice in writing to remedy such breach and/or failure and if the Purchaser fails to comply with such notice, then the Seller shall forthwith be entitled, entitled (but not obliged, ) without prejudice to any other rights or remedies which the Seller may have in law, including . Including the right to claim damages: 13.1.1 To 11.1.1 to cancel this agreement (in which event the Purchaser shall forfeit all monies paid to the Seller or Seller, its attorneys or agent/s its agent(s) in terms of this agreement and all interest thereonagreement); and/oror 13.1.2 To 11.1.2 to claim immediate performance and/or payment of all the Purchaser’s obligations of the Purchaser in terms of this agreement; and/or, including payment of unpaid balance of the purchase price. 13.1.3 To recover 11.2 In the event that the Purchaser should commit a breach of this agreement after the transfer date, the Seller shall be entitled (but not obliged) to claim retransfer of the property from the Purchaser all or any brokerage payable or notwithstanding that the Purchaser at such date of cancellation of this agreement, may have paid to the Seller the full purchase price of the property. The Seller shall in such event refund to the Purchaser the purchase price paid by the Purchaser to the Seller in respect of this transactionless the reasonable damages sustained by the Seller arising from such cancellation. 13.2 11.3 Should the Seller take steps against the Purchaser pursuant to a breach by the Purchaser of this agreement, then without prejudice to any other rights which the Seller may have, the Seller shall be entitled to recover from the Purchaser all legal costs incurred by it including attorney/client charges, tracing fees and such collection commission as the Seller is obliged to pay to its attorneys. 13.3 Should transfer be delayed by 11.4 Without prejudice to all or any of the Purchaser for whatever reason and/or rights of the Seller in terms of this agreement, should the Purchaser fail to deliver guarantees and/or meet pay any other financial obligation amount due by the Purchaser in terms of this Agreementagreement on due date, then the Purchaser shall pay to the Seller interest on the full purchase price thereon at the prime overdraft rate plus 3% (three per centum) charged by the Seller’s bankers from time to time calculated from the date that the Seller’s attorneys (acting as experts) certify in writing that in their opinion the transfer ought reasonably to have been registered, but for such delay. In the event of non-fulfilment of a financial obligation or failure to deliver a guarantee such penalty interest shall accrue from the due date for delivery of the guarantee/payment up until the actual date of delivery payment, both dates inclusive. 11.5 Should the Seller cancel this agreement and the Purchaser dispute the right to do so and remain in occupation of the guarantee/payment or property pending the date upon which determination of that dispute, then: 11.5.1 the Purchaser has complied with shall continue to pay on due date all of the Purchasers obligations relating to transfer (whichever is the later). The penalty interest shall be paid amounts payable by the Purchaser in terms of this agreement and to perform all its obligations in terms hereof; 11.5.2 the Purchaser shall be entitled to recover and accept such payments and/or performance in terms of this agreement; 11.5.3 the acceptance by the Seller prior of such payments and/or performance shall be without prejudice to transfer and shall not in any manner whatever affect the claim of the propertySeller to cancellation of this agreement or any other claim of whatsoever nature; 11.6 The Seller shall be entitled at its option to institute any legal proceedings which may arise out of or in connection with this agreement in any magistrate’s court having jurisdiction, notwithstanding the fact that the claim or value of the matter in dispute might exceed the jurisdiction of such magistrate’s court in respect of the cause of action or the amount claimed.

BREACH BY PURCHASER. 13.1 If the Purchaser commits fails to consummate this Agreement for any reason, except Seller’s default or a breach termination of this agreement and/or fails Agreement by Purchaser or Seller pursuant to comply with any of a right to do so under the provisions hereof, then the Seller shall be entitled to give the Purchaser not less than 7 (seven) days’ notice in writing to remedy such breach and/or failure and if the Purchaser fails to comply with such notice, then the Seller shall forthwith be entitled, but not obligedas its sole and exclusive remedy, without prejudice at law or in equity, to either (i) terminate this Agreement, and neither party shall have any further right or obligation hereunder other rights than the Surviving Obligations; or remedies which (ii) pursue the Seller may have in law, including the right to claim damages: 13.1.1 To cancel this agreement (in which event the Purchaser shall forfeit all monies paid to the Seller or its attorneys or agent/s in terms remedy of this agreement and all interest thereon); and/or 13.1.2 To claim immediate specific performance and/or payment of all the Purchaser’s obligations under this Agreement. Notwithstanding the foregoing, if Purchaser willfully defaults in terms its obligation to purchase the Property pursuant to this Agreement and the remedy of this agreement; and/or 13.1.3 To specific performance as provided in clause (ii) above is not available to Seller, then Seller’s sole remedy shall be to proceed pursuant to clause (i) above and Seller may recover from Purchaser the Purchaser all or any brokerage payable or paid actual out-of-pocket expenses incurred by the Seller in respect of this transaction. 13.2 Should connection with the Seller take steps against the Purchaser pursuant to a breach by the Purchaser of this agreement, then without prejudice to any other rights which the Seller may have, the Seller shall be entitled to recover from the Purchaser all legal costs incurred by it including attorney/client charges, tracing fees and such collection commission as the Seller is obliged to pay to its attorneys. 13.3 Should transfer be delayed by the Purchaser for whatever reason and/or the Purchaser fail to deliver guarantees and/or meet any other financial obligation transaction described in this Agreement, then including, without limitation, expenses paid to Seller’s attorneys in connection with negotiation of this Agreement and matters related thereto. If specific performance is not available as described in the immediately preceding sentence, Purchaser shall pay to the Seller interest on the full purchase price at the prime overdraft rate plus 3% (three per centum) charged all actual expenses, including reasonable attorneys’ fees actually incurred, incurred by the SellerSeller in such specific performance action, and such expenses shall not be included as an expense of Seller in determining Purchaser’s bankers from time liability to time calculated from the date that the Seller’s attorneys (acting as experts) certify Seller in writing that in their opinion the transfer ought reasonably to have been registered, but for such delay. In the event specific performance is not an available remedy as set forth in this Section 7.2. Notwithstanding any provision in this Section 7.2 to the contrary, in no event shall Purchaser be liable to reimburse Seller for costs and expenses in excess of non-fulfilment of a financial obligation or failure to deliver a guarantee such penalty interest shall accrue from $50,000.00 in the due date for delivery of the guarantee/payment up until the actual date of delivery of the guarantee/payment or the date upon which the Purchaser has complied with all of the Purchasers obligations relating to transfer (whichever is the later)aggregate. The penalty interest foregoing provision of this Section 7.2 shall be paid by survive the Purchaser to the Seller prior to transfer termination of the propertythis Agreement.

BREACH BY PURCHASER. 13.1 12.1 If the Purchaser commits a breach of this agreement Agreement and/or fails to comply with any of the provisions hereof, then the Seller and/or Contractor shall be entitled to give the Purchaser not less than 7 (seven) days’ notice in writing to remedy such breach and/or failure and if the Purchaser fails to comply with such notice, then the Seller and/or Contractor shall forthwith be entitled, entitled (but not obliged, ) without prejudice to any other rights or remedies which the Seller and/or Contractor may have in law, including the right to claim damages: 13.1.1 To 12.1.1 to cancel this agreement Agreement (in which event the Purchaser shall forfeit all monies paid to the Seller or and/or Contractor, its attorneys or agent/s its agent(s) in terms of this agreement and all interest thereonAgreement); and/oror 13.1.2 To 12.1.2 to claim immediate performance and/or payment of all the Purchaser’s obligations of the Purchaser in terms of this agreement; and/or 13.1.3 To recover from Agreement, including payment of unpaid balance of the Purchaser all or any brokerage payable or paid by the Seller in respect of this transactionPurchase Price. 13.2 12.2 Should the Seller and/or Contractor take steps against the Purchaser pursuant to a breach by the Purchaser of this agreementAgreement, then without prejudice to any other rights which the Seller and/or Contractor may have, the Seller and/or Contractor shall be entitled to recover from the Purchaser all legal costs incurred by it including attorney/client charges, tracing fees and such collection commission as the Seller and/or Contractor is obliged to pay to its attorneys. 13.3 Should transfer be delayed by 12.3 Without prejudice to all or any of the Purchaser for whatever reason rights of the Seller and/or Contractor in terms of this Agreement, should the Purchaser fail to deliver guarantees and/or meet pay any other financial obligation amount due by the Purchaser in terms of this AgreementAgreement on due date, then the Purchaser shall pay to the Seller and/or Contractor interest on the full purchase price thereon at the prime overdraft rate plus 3% (three per centum) charged by the Seller’s bankers from time to time calculated from the date that the Seller’s attorneys (acting as experts) certify in writing that in their opinion the transfer ought reasonably to have been registered, but for such delay. In the event of non-fulfilment of a financial obligation or failure to deliver a guarantee such penalty interest shall accrue from the due date for delivery of the guarantee/payment up until the actual date of delivery payment, both dates inclusive. 12.4 The Seller and/or Contractor shall entitled at its option to institute any legal proceedings which may arise out of or in connection with this Agreement in any magistrate’s court having jurisdiction, notwithstanding the fact that the claim or value of the guarantee/payment matter in dispute might exceed the jurisdiction of such magistrate’s court in respect of the cause of action or the date upon which the Purchaser has complied with all of the Purchasers obligations relating to transfer (whichever is the later). The penalty interest shall be paid by the Purchaser to the Seller prior to transfer of the propertyamount claimed.

BREACH BY PURCHASER. 13.1 22.1 If the Purchaser commits a breach of this agreement and/or fails to comply with any of the provisions hereof, then the Seller shall be entitled to give the Purchaser not less than 7 (seven) days’ days notice in writing to remedy such breach and/or failure and if the Purchaser fails to comply with such notice, then the Seller shall forthwith be entitled, entitled (but not obliged, ) without prejudice to any other oth er rights or remedies which the Seller may have in law, including the right to claim damages: 13.1.1 To 22.1.1 to cancel this agreement (in which event the Purchaser shall forfeit all monies paid to the Seller or Seller, its attorneys or agent/s its agent(s) in terms of this agreement and all interest thereonagreement); and/oror 13.1.2 To 22.1.2 to claim immediate performance and/or payment of all the Purchaser’s obligations of the Purchaser in terms of this agreement; and/or, including payment of unpaid balance of the purchase price. 13.1.3 To recover from 22.2 Notwithstanding the provisions of clause 22.1 above, in the event that the Purchaser all or any brokerage payable or paid by commits a breach after the Seller necessary transfer documents have been lodged in respect the deeds office for registration, the notice period specified in the relevant clause may, at the election of this transactionthe Seller, be reduced to 24 (twenty four) hours. 13.2 22.3 Should the Seller take steps against the Purchaser pursuant to a breach by the Purchaser of this agreement, then without prejudice to any other rights which the Seller may have, the Seller shall be entitled to recover from the Purchaser all legal costs incurred by it including attorney/client charges, tracing fees and such collection commission as the Seller is obliged to pay to its attorneys. 13.3 Should transfer be delayed by 22.4 Without prejudice to all or any of the Purchaser for whatever reason and/or rights of the Seller in terms of this agreement, should the Purchaser fail to deliver guarantees and/or meet pay any other financial obligation amount due by the Purchaser in terms of this Agreementagreement on due date, then the Purchaser shall pay to the Seller interest on the full purchase price thereon at the prime overdraft rate plus 3% (three per centum) charged by the Seller’s bankers from time to time calculated from the date that the Seller’s attorneys (acting as experts) certify in writing that in their opinion the transfer ought reasonably to have been registered, but for such delay. In the event of non-fulfilment of a financial obligation or failure to deliver a guarantee such penalty interest shall accrue calculate d from the due date for delivery of the guarantee/payment up until the actual date of delivery payment, both dates inclusive. 22.5 Should the Seller cancel this agreement and the Purchaser dispute the right to do so then pending the determination of that dispute: 22.5.1 the Purchaser shall continue to pay on due date all amounts payable by the Purchaser in terms of this agreement and to perform all its obligations in terms hereof; 22.5.2 the Seller shall be entitled to recover and accept such payments and/or performance in terms of this agreement; 22.5.3 the acceptance by the Seller of such payments and/or performance shall be without prejudice to and shall not in any manner whatever affect the claim of the guarantee/payment Seller to cancellation of this agreement or any other claim of whatsoever nature; 22.5.4 should the date upon which dispute between the Seller and the Purchaser has complied with all be determined in favour of the Purchasers obligations relating Seller, then the payments made to transfer (whichever is the later). The penalty interest Seller in terms of clause 22.5.1 shall be regarded as damages paid by the Purchaser to on account of the loss sustained by the Seller prior to transfer as a result of the propertyits cancellation.

BREACH BY PURCHASER. 13.1 18.1 If the Purchaser commits a breach of this agreement and/or fails to comply with any of the provisions hereof, then the Seller and/or Builder shall be entitled to give the Purchaser not less than 7 (seven) days’ notice in writing to remedy such breach and/or failure and if the Purchaser fails to comply with such notice, then the Seller and/or Builder shall forthwith be entitled, entitled (but not obliged, ) without prejudice to any other rights or remedies which the Seller and/or Builder may have in law, including the right to claim damages: 13.1.1 To 18.1.1 to cancel this agreement (in which event the Purchaser shall forfeit all monies paid to the Seller or and/or Builder, its attorneys or agent/s its agent(s) in terms of this agreement and all interest thereonagreement); and/oror 13.1.2 To 18.1.2 to claim immediate performance and/or payment of all the Purchaser’s obligations of the Purchaser in terms of this agreement; and/or 13.1.3 To recover from , including payment of unpaid balance of the Purchaser all or any brokerage payable or paid by the Seller in respect of this transactionpurchase price. 13.2 18.2 Should the Seller and/or Builder take steps against the Purchaser pursuant to a breach by the Purchaser of this agreement, then without prejudice to any other rights which the Seller and/or Builder may have, the Seller and/or Builder shall be entitled to recover from the Purchaser all legal costs incurred by it including attorney/client charges, tracing fees and such collection commission as the Seller and/or Builder is obliged to pay to its attorneys. 13.3 Should transfer be delayed by 18.3 Without prejudice to all or any of the Purchaser for whatever reason rights of the Seller and/or Builder in terms of this agreement, should the Purchaser fail to deliver guarantees and/or meet pay any other financial obligation amount due by the Purchaser in terms of this Agreementagreement on due date, then the Purchaser shall pay to the Seller and/or Builder interest on the full purchase price thereon at the prime overdraft rate plus 3% (three per centum) charged by the Seller’s bankers from time to time calculated from the date that the Seller’s attorneys (acting as experts) certify in writing that in their opinion the transfer ought reasonably to have been registered, but for such delay. In the event of non-fulfilment of a financial obligation or failure to deliver a guarantee such penalty interest shall accrue from the due date for delivery of the guarantee/payment up until the actual date of delivery payment, both dates inclusive. 18.4 The Seller and/or Builder shall entitled at its option to institute any legal proceedings which may arise out of or in connection with this agreement in any magistrate’s court having jurisdiction, notwithstanding the fact that the claim or value of the guarantee/payment matter in dispute might exceed the jurisdiction of such magistrate’s court in respect of the cause of action or the date upon which the Purchaser has complied with all of the Purchasers obligations relating to transfer (whichever is the later). The penalty interest shall be paid by the Purchaser to the Seller prior to transfer of the propertyamount claimed.

BREACH BY PURCHASER. 13.1 If the Purchaser commits a breach of this agreement and/or fails to comply with any of the provisions hereof, then the Seller shall be entitled to give the Purchaser not less than 7 (seven) days’ notice in writing to remedy such breach and/or failure and if the Purchaser fails to comply with such notice, then the Seller shall forthwith be entitled, but not obliged, without prejudice to any other rights or remedies which the Seller may have in law, including the right to claim damages: 13.1.1 : To cancel this agreement (in which event the Purchaser shall forfeit all monies paid to the Seller or its attorneys or agent/s in terms of this agreement and all interest thereon); and/or 13.1.2 and/or To claim immediate performance and/or payment of all the Purchaser’s obligations in terms of this agreement; and/or 13.1.3 and/or To recover from the Purchaser all or any brokerage payable or paid by the Seller in respect of this transaction. 13.2 . Should the Seller take steps against the Purchaser pursuant to a breach by the Purchaser of this agreement, then without prejudice to any other rights which the Seller may have, the Seller shall be entitled to recover from the Purchaser all legal costs incurred by it including attorney/client charges, tracing fees and such collection commission as the Seller is obliged to pay to its attorneys. 13.3 . Should transfer be delayed by the Purchaser for whatever reason and/or and the Purchaser fail Seller elects not to deliver guarantees and/or meet any other financial obligation in cancel this Agreementagreement, then the Purchaser shall pay to the Seller interest on the full purchase price at the prime overdraft rate plus 3% (three per centum) charged by the Seller’s bankers from time to time calculated from the date that the Seller’s attorneys (acting as experts) certify in writing that in their opinion the transfer ought reasonably to have been registered, but for such delay. In the event of non-fulfilment of a financial obligation or failure to deliver a guarantee such penalty interest shall accrue from the due date for delivery of the guarantee/payment up until the actual date of delivery of the guarantee/payment or the date upon which the Purchaser has complied with all of the Purchasers obligations relating to transfer (whichever is the later). The penalty interest shall be paid by the Purchaser to the Seller prior to transfer of the property.

BREACH BY PURCHASER. 13.1 20.1 If the Purchaser commits a breach of this agreement Agreement and/or fails to comply with any of the provisions hereof, then the Seller shall be entitled to give the Purchaser not less than 7 (seven7(seven) days’ notice in writing to remedy such breach and/or failure and if the Purchaser fails to comply with such notice, then the Seller shall forthwith be entitled, entitled (but not obliged, ) without prejudice to any other rights or remedies which the Seller may have in law, including the right to claim damages: 13.1.1 To 20.1.1 to cancel this agreement Agreement (in which event the Purchaser shall forfeit all monies paid to the Seller or Seller, its attorneys or agent/s its agent(s) in terms of this agreement and all interest thereonAgreement); and/oror 13.1.2 To 20.1.2 to claim immediate performance and/or payment of all the Purchaser’s obligations of the Purchaser in terms of this agreement; and/or 13.1.3 To recover from Agreement, including payment of unpaid balance of the Purchaser all or any brokerage payable or paid by the Seller in respect of this transactionpurchase price. 13.2 20.2 Should the Seller take steps against the Purchaser pursuant to a breach by the Purchaser of this agreementAgreement, then without prejudice to any other rights which the Seller may have, the Seller shall be entitled to recover from the Purchaser all legal costs incurred by it including attorney/client charges, tracing fees and such collection commission as the Seller is obliged to pay to its attorneys. 13.3 Should transfer be delayed by 20.3 Without prejudice to all or any of the Purchaser for whatever reason and/or rights of the Seller in terms of this Agreement, should the Purchaser fail to deliver guarantees and/or meet pay any other financial obligation amount due by the Purchaser in terms of this AgreementAgreement on the due date, then the Purchaser shall pay to the Seller interest on the full purchase price thereon at the prime overdraft rate plus 3% (three per centumpercent) charged by the Seller’s bankers from time to time calculated from the date that the Seller’s attorneys (acting as experts) certify in writing that in their opinion the transfer ought reasonably to have been registered, but for such delay. In the event of non-fulfilment of a financial obligation or failure to deliver a guarantee such penalty interest shall accrue from the due date for delivery of the guarantee/payment up until the actual date of delivery payment, both dates inclusive. 20.4 The Seller shall be entitled at its option to institute any legal proceedings which may arise out of or in connection with this Agreement in any magistrate’s court having jurisdiction, notwithstanding the fact that the claim or value of the guarantee/payment matter in dispute might exceed the jurisdiction of such magistrate’s court in respect of the cause of action or the date upon which amount claimed. 20.5 In the event of the Purchaser has complied with all of the Purchasers obligations relating to transfer (whichever is the later). The penalty interest shall be paid by the Purchaser to being provisionally or finally sequestrated or liquidated, the Seller prior to transfer of shall enjoy the propertysame rights as set out above.

BREACH BY PURCHASER. 13.1 If the Purchaser commits a breach of this agreement and/or fails shall fail to comply with perform any of the provisions hereofcovenants or agreements to be performed by it under this Agreement on or before the Closing Date, Seller’s sole and exclusive remedy shall be to terminate this Agreement and receive the Deposit as liquidated damages for Purchaser’s default (with the Title Company to pay the Deposit to Seller upon Seller’s request), all other claims for losses, damages, costs and expenses (other than the right to recover losses, damages, costs or expenses pursuant to any Indemnification Obligation) being waived hereby. Purchaser and Seller hereby acknowledge and agree that the actual damages suffered by Seller as a result of such breach by Purchaser would be impracticable, extremely difficult or impossible to determine and Purchaser agrees that the amount of the Deposit shall be the amount of damages to which Seller is entitled in such event, and that the amount of such liquidated damages is reasonable and does not constitute a penalty. Notwithstanding the foregoing, in no event shall Seller’s ability to recover from Purchaser any loss, cost, damage or expense pursuant to any Indemnification Obligation be deemed limited in any respect by Seller’s receipt of the Deposit as aforesaid. Further, if this Agreement is terminated as aforesaid, then Purchaser shall promptly either return the Study Materials to Seller shall be entitled to give or destroy all of the Study Materials (including all copies thereof) in the possession of Purchaser not less than 7 (seven) days’ notice and its employees, agents, representatives and consultants and confirm such destruction in writing to remedy Seller (at no cost to Seller in either such breach and/or failure and if the Purchaser fails to comply with event). Additionally, in either such noticeevent, then the Seller shall forthwith be entitled, but not obliged, without prejudice to any other rights or remedies which the Seller may have in law, including the right to claim damages: 13.1.1 To cancel this agreement (in which event the Purchaser shall forfeit also promptly deliver to Seller a true and complete copy of all monies paid to Study Materials prepared by, for or on behalf of Purchaser. The foregoing obligations of Purchaser shall survive the Seller or its attorneys or agent/s in terms termination of this agreement and all interest thereon); and/or 13.1.2 To claim immediate performance and/or payment of all the Purchaser’s obligations in terms of this agreement; and/or 13.1.3 To recover from the Purchaser all or any brokerage payable or paid by the Seller in respect of this transactionAgreement. 13.2 Should the Seller take steps against the Purchaser pursuant to a breach by the Purchaser of this agreement, then without prejudice to any other rights which the Seller may have, the Seller shall be entitled to recover from the Purchaser all legal costs incurred by it including attorney/client charges, tracing fees and such collection commission as the Seller is obliged to pay to its attorneys. 13.3 Should transfer be delayed by the Purchaser for whatever reason and/or the Purchaser fail to deliver guarantees and/or meet any other financial obligation in this Agreement, then the Purchaser shall pay to the Seller interest on the full purchase price at the prime overdraft rate plus 3% (three per centum) charged by the Seller’s bankers from time to time calculated from the date that the Seller’s attorneys (acting as experts) certify in writing that in their opinion the transfer ought reasonably to have been registered, but for such delay. In the event of non-fulfilment of a financial obligation or failure to deliver a guarantee such penalty interest shall accrue from the due date for delivery of the guarantee/payment up until the actual date of delivery of the guarantee/payment or the date upon which the Purchaser has complied with all of the Purchasers obligations relating to transfer (whichever is the later). The penalty interest shall be paid by the Purchaser to the Seller prior to transfer of the property.

BREACH BY PURCHASER. 13.1 If In the event that Purchaser commits a shall breach any of its obligations hereunder prior to Closing or shall fail to consummate this Agreement at Closing for any reason other than Seller's default or the termination of this agreement and/or fails Agreement by Purchaser or Seller pursuant to comply with any of a right to do so under the terms and provisions hereof, then the Seller shall be entitled to give the Purchaser not less than 7 (seven) days’ notice in writing to remedy such breach and/or failure and if the Seller is not then in default, then, if Purchaser fails to comply cure such default with five (5) days after Seller gives Purchaser written notice of such noticedefault (but no such notice and opportunity to cure shall be required to be given on account of the failure of Seller to close the sale of the Property on the Closing Date as provided herein), then Seller, as its sole and exclusive remedy for such pre-Closing breach, may terminate this Agreement and receive the Xxxxxxx Money and any Extension Fee paid to Seller as liquidated damages. The parties agree that Seller will suffer damages in the event of Purchaser's default on its pre-Closing obligations. Although the amount of such damages are difficult or impossible to determine, the parties agree that the amount of the Xxxxxxx Money and any Extension Fee paid to Seller is a reasonable estimate of Seller's loss in the event of Purchaser's pre-Closing default. Thus, Seller shall forthwith be entitledaccept and retain the Xxxxxxx Money and any Extension Fee paid to Seller as liquidated damages, but not obligedas a penalty. In the event Seller is entitled to the Xxxxxxx Money and the Xxxxxxx Money has not been previously distributed to Seller as liquidated damages, without prejudice to any other rights or remedies which the Seller may have in law, including the right to claim damages: 13.1.1 To cancel this agreement (in which event the Purchaser Xxxxxxx Money shall forfeit all monies be immediately paid to Seller by the Title Company upon receipt of written notice from Seller that Purchaser has defaulted under this Agreement. Purchaser agrees to take all such actions and execute and deliver all such documents necessary or its attorneys or agent/s in terms of this agreement and all interest thereon); and/or 13.1.2 To claim immediate performance and/or appropriate to effect such payment of all the Purchaser’s obligations in terms of this agreement; and/or 13.1.3 To recover from the Purchaser all or any brokerage payable or paid by the Seller in respect of this transaction. 13.2 Should the Seller take steps against the Purchaser pursuant Xxxxxxx Money to a breach by the Purchaser of this agreement, then without prejudice to any other rights which the Seller may have, the Seller. Seller shall also be entitled to recover from the Purchaser all legal costs incurred by it including attorney/client charges, tracing its reasonable attorneys' fees and such collection commission as the Seller is obliged to pay to its attorneys. 13.3 Should transfer be delayed by the Purchaser for whatever reason and/or the Purchaser fail to deliver guarantees and/or meet any other financial obligation costs in this Agreement, then the Purchaser shall pay to the Seller interest on the full purchase price at the prime overdraft rate plus 3% (three per centum) charged by the Seller’s bankers from time to time calculated from the date that the Seller’s attorneys (acting as experts) certify in writing that in their opinion the transfer ought reasonably to have been registered, but for such delay. In the event of non-fulfilment of a financial obligation or failure to deliver a guarantee such penalty interest shall accrue from the due date for delivery seeking recovery of the guarantee/payment up until the actual date of delivery of the guarantee/payment or the date upon which the Purchaser has complied with all of the Purchasers obligations relating to transfer (whichever is the later). The penalty interest shall be paid by the Purchaser to the Seller prior to transfer of the propertyXxxxxxx Money.