Common use of COMMENCEMENT AND COMPLETION OF THE WORKS Clause in Contracts

COMMENCEMENT AND COMPLETION OF THE WORKS. 28.1 To the extent that the Seller has not already done so, the Seller shall not be obliged to commence with the Works before registration of the Erf in favour of the Purchaser as envisaged in terms of the Agreement, but he shall however not be obliged to commence the Works until: 28.1.1 the whole of the Construction Cost and transfer cost have been paid to the Attorneys or have been guaranteed as provided for in clause 6.5 above; 28.1.2 and that the Purchaser attended to the signature of all transfer documents and on the payment to the Attorney of funds securing the Purchase Price and payment of the Transfer Cost; 28.1.3 and all necessary consents, approvals and/or registrations from all relevant authorities have been obtained. 28.2 If commencement of the Works is delayed for longer than a period of 90 (Ninety) Business Days as from Date of Signature hereof for any reason other than a reason attributable to the fault and/or omission of the Seller, then the Seller shall be entitled in its sole discretion to resile from this Agreement, with neither party having any further claim against one another or alternatively the Seller, in his sole discretion, may claim an adjustment to the Construction Cost in accordance with any increases in the cost of material and/or labour which might in the interim have occurred. If the Parties do not agree to the adjustment to the Construction Cost, then a Quantity Surveyor appointed by the Seller shall determine the dispute and the Quantity Surveyor’s determination shall be final and binding on the Parties. 28.3 Subject to any extensions permitted in terms of Clause 28.4, the Seller shall complete the Works within 180 (One Hundred And Eighty) Business Days after commencement. 28.4 If the commencement or completion of the Works is delayed for any cause whatsoever beyond the Seller’s control or if any building industry holidays, whether statutory or recognized generally as customary in the industry, fall within the contract period, then the Seller shall be entitled to a fair and reasonable extension of time for the completion of the Works and the Purchaser shall not for that reason have any claim against the Seller for damages or otherwise. 28.5 The issue by the Local Authority of the Occupation Certificate shall constitute complete proof of the satisfactory completion of the Works by the Seller and the Seller shall, apart from the specific obligation placed on the Seller in terms of the NHBRC and such additional and specific undertakings set out hereunder be discharged completely from all obligations expressed or implied in terms of this Agreement and any variation thereof or addition thereto and the Purchaser shall have no further claim on the Seller, save as specifically otherwise provided herein. 28.6 In addition to the defects list referred to in Clause 29.2 of this Agreement, the Purchaser must within 14 (Fourteen) Days after the Date of Occupation, notify the Seller in writing of any visible defects, which will be rectified within one month, access permitting. This list shall be regarded as a final and complete defect list, but shall not constitute the right to withhold final payment. 28.7 The risk in the Works shall pass wholly and entirely to the Purchaser as from the Date of Occupation.

COMMENCEMENT AND COMPLETION OF THE WORKS. 28.1 To the extent that the Seller has not already done so, the Seller 7.1 The Contractor shall not be obliged to commence with the Works before registration of the Erf in favour of the Purchaser as envisaged in terms of the Agreement, but he shall however not be obliged to commence the Works until: 28.1.1 7.1.1 the whole of the Construction Cost and transfer cost have been paid Employer has furnished adequate security to the Attorneys or have been guaranteed as provided Developer's satisfaction for in clause 6.5 above;the Total Contract Price; and 28.1.2 and that the Purchaser attended to the signature of all transfer documents and on the payment to the Attorney of funds securing the Purchase Price and payment of the Transfer Cost; 28.1.3 and 7.1.2 all necessary consents, approvals and/or registrations from all relevant authorities have been obtained; and 7.1.3 The Employer has become the registered owner of the Property by registration of transfer of the Property in favour of the Employer in the Cape Town Deeds Registry, as more fully provided for in the Agreement of Sale; and 7.1.4 The Property has been successfully enrolled by the Contractor in terms of the NHBRC legislation; 7.1.5 The Employer and the Contractor have signed a Waiver of Builder’s Lien, in favour of the financial institution granting any finance/bond to the Employer as provided for in Clause 6 of the Agreement of Sale, as well as in favour of the Developer. 28.2 7.2 If commencement of the Works Commencement Date is delayed for longer than a period of 90 180 (NinetyOne Hundred and Eighty) Business Days as from Date the fulfilment of Signature hereof the conditions referred to in Clause 7.1 above for any reason other than a reason attributable to the fault and/or omission of the SellerContractor, then the Seller Developer and the Contractor shall be entitled entitled, in its sole discretion discretion, to resile from this Agreement, Agreement with neither party having any further claim against one another or alternatively another. Alternatively, the Seller, in his sole discretion, Parties may claim agree to an adjustment to the Construction Cost in accordance with any increases in the cost of material and/or labour which might in the interim have occurred. amended Total Contract Price. 7.3 If the Parties do not agree to Commencement Date or the adjustment to Completion Date is delayed for any cause whatsoever beyond the Construction CostDeveloper’s and/or the Contractor's control, then a Quantity Surveyor appointed by the Seller shall determine the dispute and the Quantity Surveyor’s determination Contractor shall be final entitled to a fair and binding on reasonable extension of time for the Partiescommencement or completion of the Works. 28.3 7.4 Subject to any extensions permitted in terms of Clause 28.47.3, the Seller Contractor shall complete the Works within 180 240 (One Two Hundred And Eightyand Forty) Business Days after commencementthe later of the Transfer Date or the Commencement Date. 28.4 7.5 If the commencement Commencement Date or completion of the Works Completion Date is delayed for any cause whatsoever beyond the Seller’s Developer and/or the Contractor's control or if any building industry holidays, whether statutory or recognized recognised generally as customary in the industry, industry fall within the contract periodConstruction Period, then the Seller Contractor shall be entitled to a fair and reasonable extension of time for the completion of the Works and the Purchaser Employer shall not for that reason have any claim against the Seller Developer and/or the Contractor for damages or otherwise. 28.5 The issue 7.6 Any of the following events, at the election of the Contractor, will be considered as the Completion Date of the Works, and as such, the Dwelling, provided that local Authority has issued the requisite Occupation Certificate: 7.6.1 the date on which the keys of the Works/Xxxxxxxx are formally handed over by the Local Authority Contractor to the Employer; or 7.6.2 the handover of the Occupation Works/Dwelling by the Contractor to the Employer or his Agent; or 7.6.3 notice by the Contractor to the Employer that the Works/Xxxxxxxx has been finalized and that the Works, and as such, the Dwelling, are ready for possession and vacant occupation by the Employer; or 7.6.4 a signed certificate from the Architect or the Principal Agent, to certify the Works/Xxxxxxxx as being satisfactory completed, which Certificate shall constitute complete proof in any event be presented by the Contractor to the Employer in the instances referred to in clauses 7.6.1 to 7.6.3 above. 7.7 The Works will be deemed to be completed on the Completion Date, from which date all responsibilities of the satisfactory completion of Contractor to the Works by the Seller and the Seller shall, apart from the specific obligation placed on the Seller in terms of the NHBRC and such additional and specific undertakings set out hereunder be discharged completely from all obligations expressed or implied in terms of this Agreement and any variation thereof or addition thereto and the Purchaser shall are released. The Employer will have no further claim claims against the Contractor regarding the Works. 7.8 All amounts due and unpaid shall be due and payable by the Employer on the Seller, save as specifically otherwise provided hereinCompletion Date. 28.6 In addition to the defects list referred to in Clause 29.2 of this Agreement, the Purchaser must within 14 (Fourteen) Days after the Date of Occupation, notify the Seller in writing of any visible defects, which will be rectified within one month, access permitting. This list shall be regarded as a final and complete defect list, but shall not constitute the right to withhold final payment. 28.7 The risk in the Works shall pass wholly and entirely to the Purchaser as from the Date of Occupation.

COMMENCEMENT AND COMPLETION OF THE WORKS. 28.1 7.1 To the extent that the Seller Builder has not already done so, so the Seller Builder shall not be obliged to commence with the Works before registration of the Erf Property in favour of the Purchaser Purchaser(s) as envisaged in terms of the AgreementAgreement of Sale, but he shall however not be obliged to commence the Works until: 28.1.1 7.1.1 the Purchaser(s) has furnished adequate security to the Builder's satisfaction for the whole of the Construction Cost and transfer cost have been paid Consideration which would inter alia be deemed to be the Attorneys or have been guaranteed as provided for in clause 6.5 above;case either: 28.1.2 and 7.1.1.1 on receipt of confirmation from the Conveyancer that the Purchaser Purchaser(s) attended to the on signature of all transfer documents and the documentation required by the relevant financial institution so as to, simultaneously with Date of Transfer, in due course attend to registration of the Mortgage Bond; 7.1.1.2 that the Purchaser(s) attended on the payment to the Attorney Conveyancer of funds securing the Purchase Price and payment of the Transfer CostConsideration; 28.1.3 7.1.2 and all necessary consents, approvals and/or registrations from all relevant authorities have been obtained.. Initial here 28.2 7.2 If commencement of the Works is delayed for longer than a period of 90 180 (Ninetyone hundred and eighty) Business Days as from Date date of Signature signature hereof for any reason other than a reason attributable to the fault and/or omission of the SellerBuilder, then the Seller Builder shall be entitled in its sole discretion to resile from this Agreement, with neither party having any further claim against one another or alternatively the SellerBuilder, in his sole discretion, may claim an adjustment to the Construction Cost cost in accordance with any increases in the cost of material and/or labour which might in the interim have occurred. If In the event of the Parties do not agree being incapable of agreeing as to the adjustment to the Construction Costcost, then a Quantity Surveyor appointed by the Seller Builder shall determine the dispute and the Quantity Surveyor’s determination shall be final and binding on the Parties. 28.3 7.3 Subject to any extensions permitted in terms of Clause 28.47.4, the Seller Builder shall complete the Works within 180 150 (One Hundred And Eightyone hundred and fifty) Business Days after commencement. 28.4 7.4 If the commencement or completion of the Works is delayed for any cause whatsoever beyond the SellerBuilder’s control or if any building industry holidays, whether statutory or recognized generally as customary in the industry, fall within the contract period, then the Seller Builder shall be entitled to a fair and reasonable extension of time for the completion of the Works and the Purchaser Purchaser(s) shall not for that reason have any claim against the Seller Builder for damages or otherwise. 28.5 The issue by the Local Authority of the Occupation Certificate shall constitute complete proof of the satisfactory completion of the Works by the Seller and the Seller shall, apart from the specific obligation placed on the Seller in terms of the NHBRC and such additional and specific undertakings set out hereunder be discharged completely from all obligations expressed or implied in terms of this Agreement and any variation thereof or addition thereto and the Purchaser shall have no further claim on the Seller, save as specifically otherwise provided herein. 28.6 In addition to the defects list referred to in Clause 29.2 of this Agreement, the Purchaser must within 14 (Fourteen) Days after the Date of Occupation, notify the Seller in writing of any visible defects, which will be rectified within one month, access permitting. This list shall be regarded as a final and complete defect list, but shall not constitute the right to withhold final payment. 28.7 The risk in the Works shall pass wholly and entirely to the Purchaser as from the Date of Occupation.

COMMENCEMENT AND COMPLETION OF THE WORKS. 28.1 To the extent that the Seller has not already done so, the Seller shall not be obliged to commence with the Works before registration of the Erf in favour of the Purchaser as envisaged in terms of the Agreement, but he shall however not be obliged to commence the Works until: 28.1.1 the whole of the Construction Cost and transfer cost have been paid to the Attorneys or have been guaranteed as provided for in clause 6.5 above; 28.1.2 and that the Purchaser attended to the signature of all transfer documents and on the payment to the Attorney of funds securing the Purchase Price and payment of the Transfer Cost; 28.1.3 and all necessary consents, approvals and/or registrations from all relevant authorities have been obtained. 28.2 If commencement of the Works is delayed for longer than a period of 90 60 (NinetySixty) Business Days as from Date of Signature hereof for any reason other than a reason attributable to the fault and/or omission of the Seller, then the Seller shall be entitled in its sole discretion to resile from this Agreement, with neither party having any further claim against one another or alternatively the Seller, in his sole discretion, may claim an adjustment to the Construction Cost in accordance with any increases in the cost of material and/or labour which might in the interim have occurred. If the Parties do not agree to the adjustment to the Construction Cost, then a Quantity Surveyor appointed by the Seller shall determine the dispute and the Quantity Surveyor’s determination shall be final and binding on the Parties. 28.3 Subject to any extensions permitted in terms of Clause 28.4, the Seller shall complete the Works within 180 150 (One Hundred And EightyFifty) Business Days after commencement. 28.4 If the commencement or completion of the Works is delayed for any cause whatsoever beyond the Seller’s control or if any building industry holidays, whether statutory or recognized generally as customary in the industry, fall within the contract period, then the Seller shall be entitled to a fair and reasonable extension of time for the completion of the Works and the Purchaser shall not for that reason have any claim against the Seller for damages or otherwise. 28.5 The issue by the Local Authority of the Occupation Certificate shall constitute complete proof of the satisfactory completion of the Works by the Seller and the Seller shall, apart from the specific obligation placed on the Seller in terms of the NHBRC and such additional and specific undertakings set out hereunder be discharged completely from all obligations expressed or implied in terms of this Agreement and any variation thereof or addition thereto and the Purchaser shall have no further claim on the Seller, save as specifically otherwise provided herein. 28.6 In addition to the defects list referred to in Clause 29.2 of this Agreement, the Purchaser must within 14 (Fourteen14(Fourteen) Days after the Date of Occupation, notify the Seller in writing of any visible defects, which will be rectified within one month, access permitting. This list shall be regarded as a final and complete defect list, but shall not constitute the right to withhold final payment. 28.7 The risk in the Works shall pass wholly and entirely to the Purchaser as from the Date of Occupation.

COMMENCEMENT AND COMPLETION OF THE WORKS. 28.1 To 4.1 The contractor shall begin the extent that works within thirty days of being called upon to do so in writing by the Seller employer provided that:- 4.1.1 Transfer of the land has not already done sobeen effected 4.1.2 Building plans have been approved by the council, the Seller and 4.1.3 The contractor shall not be obliged to commence with begin the Works before registration works unless and until the employer has furnished adequate proof to the satisfaction of the Erf contractor that the building contract price has been secured. 4.2 Subject to any reasonable extensions as agreed to in favour of the Purchaser as envisaged in terms of the Agreement, but he shall however not be obliged to commence the Works until: 28.1.1 the whole of the Construction Cost writing and transfer cost have been paid further subject to the Attorneys or have been guaranteed as provided for in clause 6.5 above; 28.1.2 and that provisions of clauses 4.3 to 4.8.5 hereunder, the Purchaser attended to contractor shall generally complete the signature works within twelve months from the date of all transfer documents and on the payment to the Attorney of funds securing the Purchase Price and payment of the Transfer Cost; 28.1.3 and all necessary consents, approvals and/or registrations from all relevant authorities have been obtainedcommencement. 28.2 If commencement of the Works is delayed for longer than a period of 90 (Ninety) Business Days as from Date of Signature hereof for any reason other than a reason attributable to the fault and/or omission of the Seller, then the Seller 4.3 The contractor shall be entitled in its sole discretion and at its option be entitled to resile postpone the date of commencement for any period of time: 4.3.1 if transfer of the land has not been registered in the name of the employer within 4 (four) months from this Agreementdate of signature hereof as a result of the employer’s negligence, or it has become apparent that the land will not be transferred to the employer within a reasonable period; and 4.3.2 if at any time prior to or during the construction period, any circumstances arise which make it difficult or impossible for the contractor to proceed with the works, such as political upheaval, riots, squatting, invasion, boycotts, strike, lockouts or any other situation which may be dangerous for the general safety of the contractor or any of its workers or subcontractors (which circumstances the contractor shall use its best endeavours to remove) or any other circumstances over which the contractor has not control; in which event the employer shall have no claim whatsoever against the contractor to commence or complete the works or a claim for damages. 4.4 If the circumstances contemplated in 4.3 persist for a period of thirty days through no fault of the employer, the employer shall be entitled to terminate the contract on the expiry of the ninety day period, provided, however, that neither party having any further shall have a claim against one another or alternatively the Seller, in his sole discretion, may claim an adjustment to the Construction Cost in accordance with any increases in the cost of material and/or labour which might in the interim have occurred. If the Parties do not agree to the adjustment to the Construction Cost, then a Quantity Surveyor appointed by the Seller shall determine the dispute and the Quantity Surveyor’s determination shall be final and binding on the Partiesother arising from such circumstances. 28.3 Subject to any extensions permitted in terms of Clause 28.4, the Seller shall complete the Works within 180 (One Hundred And Eighty) Business Days after commencement. 28.4 4.5 If the commencement or completion of the Works works is delayed for any cause whatsoever beyond the Seller’s control or if any building industry holidaysincluding major, whether statutory or recognized generally as customary in the industry, which may fall within the contract period, or in the event of any dispute, strike, lockout, squatting, invasion or other situation causing delay, then the Seller contractor shall be entitled to a fair and reasonable extension of time for the completion of the Works works and the Purchaser employer shall not for that reason have any claim against the Seller contractor, whether for damages or otherwise. 28.5 The issue by the Local Authority of the Occupation Certificate shall constitute complete proof of the satisfactory 4.6 If completion of the Works works is delayed due to variation orders and extras requested from the contractor the employer shall have no claim against the contractor, whether for damages or otherwise. The employer shall within forty eight hours of being requested to do so, or such extended period granted by the Seller and contractor in its sole discretion, choose the Seller shall, apart from finishes as per the specific obligation placed on schedule of finishes. Any delays caused by the Seller in terms of the NHBRC and such additional and specific undertakings set out hereunder be discharged completely from all obligations expressed or implied employer in terms of this Agreement and any variation thereof or addition thereto and clause will result in extension of time afforded to the Purchaser shall have no further claim on the Seller, save as specifically otherwise provided hereinContractor for completion. 28.6 In addition 4.7 If there is any dispute to whether the defects list referred building is complete, such dispute shall be determined by the architect, engineer or the NHBRC, whose decision shall be final 4.8 Works effected by outside/independent contractors: The contractor may in it's sole discretion and when requested to do so in Clause 29.2 writing by the employer, agree that the employer may employ the services of an outside/independent contractor for the completion of certain works in the terms of this Agreement, agreement on such terms and conditions as the Purchaser must within 14 (Fourteen) Days after the Date of Occupation, notify the Seller contractor may in writing of any visible defects, which will be rectified within one month, access permitting. This list shall be regarded as a final and complete defect list, but shall not constitute the right to withhold final paymentit's sole discretion decide. 28.7 The risk in the Works shall pass wholly and entirely to the Purchaser as from the Date of Occupation.

COMMENCEMENT AND COMPLETION OF THE WORKS. 28.1 To the extent that the Seller has not already done so, the Seller 7.1 The Contractor shall not be obliged to commence with the Works before registration of the Erf in favour of the Purchaser as envisaged in terms of the Agreement, but he shall however not be obliged to commence the Works until: 28.1.1 7.1.1 the whole of the Construction Cost and transfer cost have been paid Employer has furnished adequate security to the Attorneys or have been guaranteed as provided Contactor's satisfaction for in clause 6.5 above;the Total Contract Price; and 28.1.2 and that the Purchaser attended to the signature of all transfer documents and on the payment to the Attorney of funds securing the Purchase Price and payment of the Transfer Cost; 28.1.3 and 7.1.2 all necessary consents, approvals and/or registrations from all relevant authorities have been obtained; and 7.1.3 the Property is registered in the name of the Employer and the Employer's bond (if applicable) has been registered. 28.2 7.1.4 the boundary pegs of the property are located and pointed out to the Contractor; 7.1.5 the Employer has provided the Paymaster with signed building Progress Payment (draw) forms in favour of the Contractor to enable the Contractor to receive payments. 7.2 If commencement of the Works is delayed for longer than a period of 90 180 (NinetyOne Hundred and Eighty) Business Days as from Date the fulfilment of Signature hereof the conditions referred to in Clause 7.1 above for any reason other than a reason attributable to the fault and/or omission of the SellerContractor, then the Seller Contractor shall be entitled entitled, in its sole discretion discretion, to resile resign from this Agreement, Agreement with neither party having any further claim against one another or alternatively the Selleranother. Alternatively, in his sole discretion, may claim an adjustment to the Construction Cost in accordance with any increases in the cost of material and/or labour which might in the interim have occurred. If the Parties do not may agree to the adjustment to the Construction Cost, then a Quantity Surveyor appointed by the Seller shall determine the dispute and the Quantity Surveyor’s determination shall be final and binding on the Partiesan amended Total Contract Price. 28.3 7.2.1 Subject to any extensions permitted in terms of Clause 28.4paragraph 5, the Seller Contractor shall complete commence the Works within 180 1 (One Hundred And EightyOne) Business Days after commencementmonth from the date on which the Property is registered in the name of the Employer. 28.4 7.2.2 The Contractor undertakes to complete the construction of the Works within 24 (Twenty-four) weeks from the date on which the building works commence, or such date as agreed between the parties; (excluding rain days) 7.2.3 In the event of the development operations coinciding with the December holiday period in any year, then the intended period of completion within the time limit as aforesaid shall be extended by an additional 30 (thirty) days. 7.3 If the commencement or completion of the Works works is delayed for any cause whatsoever beyond the Seller’s control or if any building industry holidays, whether statutory or recognized generally as customary in the industry, fall within the contract periodContractor's control, then the Seller Contractor shall be entitled to a fair and reasonable extension of time for the commencement or completion of the Works and the Purchaser shall not for that reason have any claim against the Seller for damages or otherwiseworks. 28.5 The issue 7.4 All amounts due and unpaid shall be payable by the Local Authority of the Occupation Certificate shall constitute complete proof of the satisfactory completion of the Works by the Seller and the Seller shall, apart from the specific obligation placed Employer on the Seller in terms of the NHBRC and such additional and specific undertakings set out hereunder be discharged completely from all obligations expressed or implied in terms of this Agreement and any variation thereof or addition thereto and the Purchaser shall have no further claim on the Seller, save as specifically otherwise provided hereinCompletion Date. 28.6 In addition to the defects list referred to in Clause 29.2 of this Agreement, the Purchaser must within 14 (Fourteen) Days after the Date of Occupation, notify the Seller in writing of any visible defects, which will be rectified within one month, access permitting. This list shall be regarded as a final and complete defect list, but shall not constitute the right to withhold final payment. 28.7 The risk in the Works shall pass wholly and entirely to the Purchaser as from the Date of Occupation.

COMMENCEMENT AND COMPLETION OF THE WORKS. 28.1 To the extent that the Seller has not already done so, the Seller The Contractor shall not be obliged to commence with the Works before registration of the Erf in favour of the Purchaser as envisaged in terms of the Agreement, but he shall however not be obliged to commence the Works until: 28.1.1 the whole of the Construction Cost and transfer cost have been paid to the Attorneys or have been guaranteed as provided for in clause 6.5 above; 28.1.2 and that the Purchaser attended to the signature of all transfer documents and on the payment to the Attorney of funds securing the Purchase Price and payment of the Transfer Cost; 28.1.3 and all necessary consents, approvals and/or registrations from all relevant authorities have been obtained. 28.2 If commencement of start date set out in the Works is delayed for longer than a period of 90 (Ninety) Business Days as from Date of Signature hereof for any reason other than a reason attributable to Order and shall thereafter proceed with the fault and/or omission of the Seller, then the Seller shall be entitled in its sole discretion to resile from this Agreement, with neither party having any further claim against one another or alternatively the Seller, in his sole discretion, may claim an adjustment to the Construction Cost in accordance with any increases in the cost of material and/or labour which might in the interim have occurredsame without delay. If the Parties do not agree to the adjustment to the Construction Cost, then a Quantity Surveyor appointed by the Seller shall determine the dispute and the Quantity Surveyor’s determination shall be final and binding on the Parties. 28.3 Subject to any extensions permitted in terms of Clause 28.4, the Seller The Contractor shall complete the Works by the completion date specified in the Works Order (the “Completion Date”), or if sectional completion applies, each section shall be completed by the relevant sectional completion date specified within 180 the Works Order (One Hundred And Eighty) Business Days after commencement. 28.4 the “Sectional Completion Date”). If it becomes apparent that the Works will not be completed by the Completion Date, or if applicable, a section of the works shall not be completed by the relevant Sectional Completion Date, for reasons beyond the control of the Contractor, including compliance with any instructions of the Employer, and the Contractor can evidence, to the reasonable satisfaction of the Employer, that the cause of the delay is not his, then the Contractor shall thereupon in writing so notify the Employer and the parties shall agree such extension of time for completion as may be reasonable. It shall be a condition precedent to the granting of any extension of time to the Contractor that the Contractor shall have given written notice to the Employer within 7 days of becoming aware of the delay that completion of the Works, or if applicable a section of the Works, will or may be delayed beyond the Completion Date, or if applicable the Sectional Completion Date, and stating all relevant matters relied upon in support of such a claim. If the commencement Contractor does not complete the Works, or if applicable a section of the Works, by the Completion Date, or Sectional Completion Date as applicable, (as adjusted by any extension of time that may have been granted), then Employer shall be entitled to withhold or deduct liquidated damages at the rate stated in the Works Order. The defects rectification period shall be 12 months from the date of completion of the Works is delayed for in accordance with the Works Order (“Practical Completion”), (the “Defect Rectification Period”). If any cause whatsoever beyond the Seller’s control defects, shrinkages or if any building industry holidays, whether statutory or recognized generally as customary other faults in the industry, fall Works appear within the contract period, then the Seller Defect Rectification Period these shall be entitled specified in a schedule of defects produced and delivered to the Contractor by the Employer requiring such defects, shrinkages or other faults to be made good. The Contractor shall, within a fair reasonable time after receipt of such schedule of defects, at no cost to the Employer make good any such defects, shrinkages or other faults identified and reasonable extension notify the Employer when such defects have been rectified. The Employer shall issue a notice of time for the completion of making good when all defects, shrinkages or other faults notified during the Works and Defects Rectification Period have been remedied but there is no obligation to issue the Purchaser shall not for that reason have any claim against same prior to the Seller for damages or otherwise. 28.5 The issue by the Local Authority end of the Occupation Certificate Defects Rectification Period. The Contractor shall constitute complete proof advise the Employer in writing of the satisfactory completion of the Works by the Seller and the Seller shall, apart from the specific obligation placed on the Seller in terms of the NHBRC and such additional and specific undertakings set out hereunder be discharged completely from all obligations expressed or implied in terms of this Agreement and any variation thereof or addition thereto and the Purchaser shall have no further claim on the Seller, save as specifically otherwise provided herein. 28.6 In work involving an addition to the defects list referred Works within 7 days of such addition becoming apparent and at the same time submitting detailed and priced calculations based upon the contract price showing such price adjustment, if any. The Employer shall have unfettered discretion to in Clause 29.2 of this Agreement, decide if the Purchaser must within 14 (Fourteen) Days after said work does constitute an addition to the Date of Occupation, Works. Additions to the Works cannot be undertaken by the Contractor nor shall he receive payment for such additions without prior written authority from the Employer. Where the Contractor’s price is not accepted by the Employer then if the Employer requires the additional work to be carried out the Employer shall notify the Seller in writing of any visible defects, which will be rectified within one month, access permitting. This list Contractor accordingly and the said work shall be regarded as a final and complete defect list, but shall not constitute the right to withhold final payment. 28.7 The risk in the Works shall pass wholly and entirely valued by reference to the Purchaser as from the Date of OccupationContractor’s rates and prices for this contract.

COMMENCEMENT AND COMPLETION OF THE WORKS. 28.1 7.1 To the extent that the Seller Builder has not already done so, so the Seller Builder shall not be obliged to commence with the Works before registration of the Erf Property in favour of the Purchaser Purchaser(s) as envisaged in terms of the AgreementAgreement of Sale, but he shall however not be obliged to commence the Works until: 28.1.1 7.1.1 the Purchaser(s) has furnished adequate security to the Builder's satisfaction for the whole of the Construction Cost and transfer cost have been paid Consideration which would inter alia be deemed to be the Attorneys or have been guaranteed as provided for in clause 6.5 above;case either: 28.1.2 and 7.1.1.1 on receipt of confirmation from the Conveyancer that the Purchaser Purchaser(s) attended to the on signature of all transfer documents and the documentation required by the relevant financial institution so as to, simultaneously with Date of Transfer, in due course attend to registration of the Mortgage Bond; 7.1.1.2 that the Purchaser(s) attended on the payment to the Attorney Conveyancer of funds securing the Purchase Price and payment of the Transfer CostConsideration; 28.1.3 7.1.2 and all necessary consents, approvals and/or registrations from all relevant authorities have been obtained. 28.2 7.2 If commencement of the Works is delayed for longer than a period of 90 180 (Ninetyone hundred and eighty) Business Days as from Date date of Signature signature hereof for any reason other than a reason attributable to the fault and/or omission of the SellerBuilder, then the Seller Builder shall be entitled in its sole discretion to resile from this Agreement, with neither party having any further claim against one another or alternatively the SellerBuilder, in his sole discretion, may claim an adjustment to the Construction Cost cost in accordance with any increases in the cost of material and/or labour which might in the interim have occurred. If In the event of the Parties do not agree being incapable of agreeing as to the adjustment to the Construction Costcost, then a Quantity Surveyor appointed by the Seller Builder shall determine the dispute and the Quantity Surveyor’s determination shall be final and binding on the Parties. 28.3 7.3 Subject to any extensions permitted in terms of Clause 28.47.4, the Seller Builder shall complete the Works within 180 150 (One Hundred And Eightyone hundred and fifty) Business Days after commencement.. Initial here 28.4 7.4 If the commencement or completion of the Works is delayed for any cause whatsoever beyond the SellerBuilder’s control or if any building industry holidays, whether statutory or recognized generally as customary in the industry, fall within the contract period, then the Seller Builder shall be entitled to a fair and reasonable extension of time for the completion of the Works and the Purchaser Purchaser(s) shall not for that reason have any claim against the Seller Builder for damages or otherwise. 28.5 The issue by the Local Authority of the Occupation Certificate shall constitute complete proof of the satisfactory completion of the Works by the Seller and the Seller shall, apart from the specific obligation placed on the Seller in terms of the NHBRC and such additional and specific undertakings set out hereunder be discharged completely from all obligations expressed or implied in terms of this Agreement and any variation thereof or addition thereto and the Purchaser shall have no further claim on the Seller, save as specifically otherwise provided herein. 28.6 In addition to the defects list referred to in Clause 29.2 of this Agreement, the Purchaser must within 14 (Fourteen) Days after the Date of Occupation, notify the Seller in writing of any visible defects, which will be rectified within one month, access permitting. This list shall be regarded as a final and complete defect list, but shall not constitute the right to withhold final payment. 28.7 The risk in the Works shall pass wholly and entirely to the Purchaser as from the Date of Occupation.

COMMENCEMENT AND COMPLETION OF THE WORKS. 28.1 To the extent that the Seller has not already done so, the Seller 7.1 The Contractor shall not be obliged to commence with the Works before registration of the Erf in favour of the Purchaser as envisaged in terms of the Agreement, but he shall however not be obliged to commence the Works until: 28.1.1 7.1.1 the whole of the Construction Cost and transfer cost have been paid Employer has furnished adequate security to the Attorneys or have been guaranteed as provided Contactor's satisfaction for in clause 6.5 above;the Total Contract Price; and 28.1.2 and that the Purchaser attended to the signature of all transfer documents and on the payment to the Attorney of funds securing the Purchase Price and payment of the Transfer Cost; 28.1.3 and 7.1.2 all necessary consents, approvals and/or registrations from all relevant authorities have been obtained. 28.2 7.2 If commencement of the Works is delayed for longer than a period of 90 180 (NinetyOne Hundred and Eighty) Business Days as from Date the fulfilment of Signature hereof the conditions referred to in Clause 7.1 above for any reason other than a reason attributable to the fault and/or omission of the SellerContractor, then the Seller Contractor shall be entitled entitled, in its sole discretion discretion, to resile resign from this Agreement, Agreement with neither party having any further claim against one another or alternatively the Seller, in his sole discretion, may claim an adjustment to the Construction Cost in accordance with any increases in the cost of material and/or labour which might in the interim have occurredanother. If Alternatively the Parties do not may agree to the adjustment to the Construction Cost, then a Quantity Surveyor appointed by the Seller shall determine the dispute and the Quantity Surveyor’s determination shall be final and binding on the Partiesan amended Total Contract Price. 28.3 Subject to any extensions permitted in terms of Clause 28.4, the Seller shall complete the Works within 180 (One Hundred And Eighty) Business Days after commencement. 28.4 7.3 If the commencement or completion of the Works is delayed for any cause whatsoever beyond the Seller’s Contractor's control then the Contractor shall be entitled to a fair and reasonable extension of time for the commencement or completion of the Works. 7.4 Subject to any extensions permitted in terms of Clause 7.2, the Contractor shall complete the Works within 180 (One Hundred and Eighty) Days after the Transfer Date, as defined the Agreement of Sale. 7.5 If the commencement or completion of the Works is delayed for any cause whatsoever beyond the Contractor's control or if any building industry holidays, whether statutory or recognized recognised generally as customary in the industry, industry fall within the contract period, then the Seller Contractor shall be entitled to a fair and reasonable extension of time for the completion of the Works and the Purchaser Employer shall not for that reason have any claim against the Seller Contractor for damages or otherwise. 28.5 The issue 7.6 All amounts due and unpaid shall be payable by the Local Authority of the Occupation Certificate shall constitute complete proof of the satisfactory completion of the Works by the Seller and the Seller shall, apart from the specific obligation placed Employer on the Seller in terms of the NHBRC and such additional and specific undertakings set out hereunder be discharged completely from all obligations expressed or implied in terms of this Agreement and any variation thereof or addition thereto and the Purchaser shall have no further claim on the Seller, save as specifically otherwise provided hereinCompletion Date. 28.6 In addition to the defects list referred to in Clause 29.2 of this Agreement, the Purchaser must within 14 (Fourteen) Days after the Date of Occupation, notify the Seller in writing of any visible defects, which will be rectified within one month, access permitting. This list shall be regarded as a final and complete defect list, but shall not constitute the right to withhold final payment. 28.7 The risk in the Works shall pass wholly and entirely to the Purchaser as from the Date of Occupation.

COMMENCEMENT AND COMPLETION OF THE WORKS. 28.1 To the extent that the Seller has not already done so, the Seller shall not be obliged to commence with the Works before registration of the Erf in favour of the Purchaser as envisaged in terms of the Agreement, but he shall however not be obliged to commence the Works until: 28.1.1 the whole of the Construction Cost and transfer cost have been paid to the Attorneys or have been guaranteed as provided for in clause 6.5 above; 28.1.2 and that the Purchaser attended to the signature of all transfer documents and on the payment to the Attorney of funds securing the Purchase Price and payment of the Transfer Cost; 28.1.3 and all necessary consents, approvals and/or registrations from all relevant authorities have been obtained. 28.2 If commencement of the Works is delayed for longer than a period of 90 (Ninety) Business Days as from Date of Signature hereof for any reason other than a reason attributable to the fault and/or omission of the Seller, then the Seller shall be entitled in its sole discretion to resile from this Agreement, with neither party having any further claim against one another or alternatively the Seller, in his sole discretion, may claim an adjustment to the Construction Cost in accordance with any increases in the cost of material and/or labour which might in the interim have occurred. If the Parties do not agree to the adjustment to the Construction Cost, then a Quantity Surveyor appointed by the Seller shall determine the dispute and the Quantity Surveyor’s determination shall be final and binding on the Parties. 28.3 Subject to any extensions permitted in terms of Clause 28.4, the Seller shall complete the Works within 180 (One Hundred And Eighty) Business Days after commencement. 28.4 If the commencement or completion of the Works is delayed for any cause whatsoever beyond the Seller’s control or if any building industry holidays, whether statutory or recognized generally as customary in the industry, fall within the contract period, then the Seller shall be entitled to a fair and reasonable extension of time for the completion of the Works and the Purchaser shall not for that reason have any claim against the Seller for damages or otherwise. 28.5 The issue by the Local Authority of the Occupation Certificate shall constitute complete proof of the satisfactory completion of the Works by the Seller and the Seller shall, apart from the specific obligation placed on the Seller in terms of the NHBRC and such additional and specific undertakings set out hereunder be discharged completely from all obligations expressed or implied in terms of this Agreement and any variation thereof or addition thereto and the Purchaser shall have no further claim on the Seller, save as specifically otherwise provided herein. 28.6 In addition to the defects list referred to in Clause 29.2 of this Agreement, the Purchaser must within 14 (Fourteen14(Fourteen) Days after the Date of Occupation, notify the Seller in writing of any visible defects, which will be rectified within one month, access permitting. This list shall be regarded as a final and complete defect list, but shall not constitute the right to withhold final payment. 28.7 The risk in the Works shall pass wholly and entirely to the Purchaser as from the Date of Occupation.

COMMENCEMENT AND COMPLETION OF THE WORKS. 28.1 To the extent that the Seller has not already done so, the Seller 12.1 The Contractor shall not be obliged to commence with the Works before registration of the Erf in favour of the Purchaser as envisaged in terms of the Agreement, but he shall however not be obliged to commence the Works until: 28.1.1 12.1.1 the whole of the Construction Cost and transfer cost have been paid Purchaser has furnished adequate security to the Attorneys or have been guaranteed as provided Seller's satisfaction for in clause 6.5 above;the Total Purchase Price; and 28.1.2 and that the Purchaser attended to the signature of all transfer documents and on the payment to the Attorney of funds securing the Purchase Price and payment of the Transfer Cost; 28.1.3 and 12.1.2 all necessary consents, approvals and/or registrations from all relevant authorities have been obtained. 28.2 12.2 If commencement of the Works is delayed for longer than a period of 90 180 (NinetyOne Hundred and Eighty) Business Days as from Date the fulfilment of Signature hereof the conditions referred to in Clause 12.1 above for any reason other than a reason attributable to the fault and/or omission of the SellerSeller and/or the Contractor, then the Seller and the Contractor shall be entitled entitled, in its sole discretion discretion, to resile resign from this Agreement, Agreement with neither party having any further claim against one another or alternatively the Seller, in his sole discretion, may claim an adjustment to the Construction Cost in accordance with any increases in the cost of material and/or labour which might in the interim have occurredanother. If Alternatively the Parties do not may agree to the adjustment to the Construction Cost, then a Quantity Surveyor appointed by the Seller shall determine the dispute and the Quantity Surveyor’s determination shall be final and binding on the Partiesan amended Total Purchase Price. 28.3 12.3 Subject to any extensions permitted in terms of Clause 28.412.2, the Seller Contractor shall complete the Works within 180 (One Hundred And and Eighty) Business Days after commencementthe Commencement Date. 28.4 12.4 If the commencement or completion of the Works is delayed for any cause whatsoever beyond the Seller’s Seller and/or the Contractor's control or if any building industry holidays, whether statutory or recognized recognised generally as customary in the industry, rain days or strikes fall within the contract period, then the Seller and the Contractor shall be entitled to a fair and reasonable extension of time for the completion of the Works and the Purchaser shall not for that reason have any claim against the Seller and/or the Contractor for damages or otherwise. 28.5 The issue by the Local Authority of the Occupation Certificate shall constitute complete proof of the satisfactory completion of the Works by the Seller and the Seller shall, apart from the specific obligation placed on the Seller in terms of the NHBRC and such additional and specific undertakings set out hereunder be discharged completely from all obligations expressed or implied in terms of this Agreement and any variation thereof or addition thereto and the Purchaser shall have no further claim on the Seller, save as specifically otherwise provided herein. 28.6 In addition to the defects list referred to in Clause 29.2 of this Agreement, the Purchaser must within 14 (Fourteen) Days after the Date of Occupation, notify the Seller in writing of any visible defects, which will be rectified within one month, access permitting. This list shall be regarded as a final and complete defect list, but shall not constitute the right to withhold final payment. 28.7 The risk in the Works shall pass wholly and entirely to the Purchaser as from the Date of Occupation.

COMMENCEMENT AND COMPLETION OF THE WORKS. 28.1 6.1 To the extent that the Seller Contractor has not already done so, so the Seller Contractor shall not be obliged to commence with the Works before registration immediately after the Date of the Erf in favour of the Purchaser as envisaged in terms of the AgreementSignature, but he shall however not be obliged to commence the Works until:until – 28.1.1 6.1.1 the Purchaser has furnished adequate security to the Contractor's satisfaction for the whole of the Construction Cost and transfer cost have been paid to the Attorneys or have been guaranteed as provided for in clause 6.5 above;Contract Price; and 28.1.2 and that the Purchaser attended to the signature of all transfer documents and on the payment to the Attorney of funds securing the Purchase Price and payment of the Transfer Cost; 28.1.3 6.1.2 and all necessary consents, approvals and/or registrations from all relevant authorities have been obtained. 28.2 6.2 If commencement of the Works is delayed for longer than a period of 90 180 (Ninetyone hundred and eighty) Business Days as from Date of Signature hereof for any reason other than a reason attributable to the fault and/or omission of the SellerContractor, then the Seller Contractor shall be entitled in its sole discretion to resile from this Agreement, with neither party having any further claim against one another or alternatively the SellerContractor, in his sole discretion, may claim an adjustment to the Construction Cost Contract Price in accordance with any increases in the cost of material and/or labour which might in the interim have occurred. If In the event of the Parties do not agree being incapable of agreeing as to the adjustment to the Construction CostContract Price, then a Quantity Surveyor appointed by the Seller contractor shall determine the dispute and the Quantity Surveyor’s determination shall be final and binding on the Parties. 28.3 6.3 Subject to any extensions permitted in terms of Clause 28.4clause 6.4, the Seller Contractor shall complete the Works within 180 150 (One Hundred And Eightyone hundred and fifty) Business Days after commencement. 28.4 6.4 If the commencement or completion of the Works is delayed for any cause whatsoever beyond the SellerContractor’s control or if any building industry holidays, whether statutory or recognized generally as customary in the industry, fall within the contract period, then the Seller Contractor shall be entitled to a fair and reasonable extension of time for the completion of the Works and the Purchaser shall not for that reason have any claim against the Seller Contractor for damages or otherwise. 28.5 6.5 The issue by the Local Authority local authority of the Occupation Certificate shall constitute complete proof of the satisfactory completion of the Works by the Seller Contractor and the Seller Contractor shall, apart from the specific obligation placed on the Seller Contractor in terms of the NHBRC and such additional and specific undertakings set out hereunder hereinunder be discharged completely from all obligations expressed or implied in terms of this Agreement and any variation thereof or addition thereto and the Purchaser shall have no further claim on the SellerContractor, save as specifically otherwise provided herein. 28.6 6.6 In addition to the defects list referred to in Clause 29.2 clause 7.2 of this Agreement, the Purchaser must within 14 30 (Fourteenthirty) Days days after the Date of OccupationPossession, notify the Seller Contractor in writing of any visible defects, which will be rectified within one 1 (one) month, access permitting. This list shall be regarded as a final and complete defect list, but shall not constitute the right to withhold final payment. 28.7 6.7 The risk in the Works shall pass wholly and entirely to the Purchaser as from the Date of OccupationTransfer.

COMMENCEMENT AND COMPLETION OF THE WORKS. 28.1 To the extent that the Seller has not already done so, the Seller 7.1 The Contractor shall not be obliged to commence with the Works before registration of the Erf in favour of the Purchaser as envisaged in terms of the Agreement, but he shall however not be obliged to commence the Works until: 28.1.1 7.1.1 the whole of the Construction Cost and transfer cost have been paid Employer has furnished adequate security to the Attorneys or have been guaranteed as provided Contactor's satisfaction for in clause 6.5 above;the Total Contract Price; and 28.1.2 and that the Purchaser attended to the signature of all transfer documents and on the payment to the Attorney of funds securing the Purchase Price and payment of the Transfer Cost; 28.1.3 and 7.1.2 all necessary consents, approvals and/or registrations from all relevant authorities have been obtained.; and 28.2 7.2 If commencement of the Works is delayed for longer than a period of 90 180 (NinetyOne Hundred and Eighty) Business Days as from Date the fulfilment of Signature hereof the conditions referred to in Clause 7.1 above for any reason other than a reason attributable to the fault and/or omission of the SellerContractor, then the Seller Contractor shall be entitled entitled, in its sole discretion discretion, to resile resign from this Agreement, Agreement with neither party having any further claim against one another or alternatively the Seller, in his sole discretion, may claim an adjustment to the Construction Cost in accordance with any increases in the cost of material and/or labour which might in the interim have occurredanother. If Alternatively the Parties do not may agree to the adjustment to the Construction Cost, then a Quantity Surveyor appointed by the Seller shall determine the dispute and the Quantity Surveyor’s determination shall be final and binding on the Partiesan amended Total Contract Price. 28.3 Subject to any extensions permitted in terms of Clause 28.4, the Seller shall complete the Works within 180 (One Hundred And Eighty) Business Days after commencement. 28.4 7.3 If the commencement or completion of the Works is delayed for any cause whatsoever beyond the Seller’s Contractor's control then the Contractor shall be entitled to a fair and reasonable extension of time for the commencement or completion of the Works. 7.4 Subject to any extensions permitted in terms of Clause 7.2, the Contractor shall complete the Works within 180 (One Hundred and Eighty) Days after the Transfer Date, as defined the Agreement of Sale. 7.5 If the commencement or completion of the Works is delayed for any cause whatsoever beyond the Contractor's control or if any building industry holidays, whether statutory or recognized recognised generally as customary in the industry, industry fall within the contract period, then the Seller Contractor shall be entitled to a fair and reasonable extension of time for the completion of the Works and the Purchaser Employer shall not for that reason have any claim against the Seller Contractor for damages or otherwise. 28.5 The issue 7.6 All amounts due and unpaid shall be payable by the Local Authority of the Occupation Certificate shall constitute complete proof of the satisfactory completion of the Works by the Seller and the Seller shall, apart from the specific obligation placed Employer on the Seller in terms of the NHBRC and such additional and specific undertakings set out hereunder be discharged completely from all obligations expressed or implied in terms of this Agreement and any variation thereof or addition thereto and the Purchaser shall have no further claim on the Seller, save as specifically otherwise provided hereinCompletion Date. 28.6 In addition to the defects list referred to in Clause 29.2 of this Agreement, the Purchaser must within 14 (Fourteen) Days after the Date of Occupation, notify the Seller in writing of any visible defects, which will be rectified within one month, access permitting. This list shall be regarded as a final and complete defect list, but shall not constitute the right to withhold final payment. 28.7 The risk in the Works shall pass wholly and entirely to the Purchaser as from the Date of Occupation.

COMMENCEMENT AND COMPLETION OF THE WORKS. 28.1 7.1 To the extent that the Seller Contractor has not already done so, so the Seller Contractor shall not be obliged to commence with the Works before registration of the Erf Property in favour of the Purchaser Purchaser(s) as envisaged in terms of the AgreementAgreement of Sale, but he shall however not be obliged to commence the Works until: 28.1.1 7.1.1 the Purchaser(s) has furnished adequate security to the Contractor's satisfaction for the whole of the Construction Cost and transfer cost have been paid Contract Price which would inter alia be deemed to be the Attorneys or have been guaranteed as provided for in clause 6.5 above;case either: 28.1.2 and 7.1.1.1 on receipt of confirmation from Basson Xxxxxxxxx that the Purchaser Purchaser(s) attended to the on signature of all transfer documents and the documentation required by the relevant financial institution so as to, simultaneous with Date of Transfer, in due course attend to registration of the Mortgage Bond; and/or 7.1.1.2 that the Purchaser(s) attended on the payment to the Attorney Basson Xxxxxxxxx of funds securing the Purchase Price and payment of the Transfer CostConsideration; 28.1.3 7.1.2 and all necessary consents, approvals and/or registrations from all relevant authorities have been obtained. 28.2 7.2 If commencement of the Works is delayed for longer than a period of 90 180 (Ninetyone hundred and eighty) Business Days as from Date of Signature hereof for any reason other than a reason attributable to the fault and/or omission of the SellerContractor, then the Seller Contractor shall be entitled in its sole discretion to resile from this Agreement, with neither party having any further claim against one another or alternatively the SellerContractor, in his sole discretion, may claim an adjustment to the Construction Cost Contract Price in accordance with any increases in the cost of material and/or labour which might in the interim have occurred. If In the event of the Parties do not agree being incapable of agreeing as to the adjustment to the Construction CostContract Price, then a Quantity Surveyor appointed by the Seller contractor shall determine the dispute and the Quantity Surveyor’s determination shall be final and binding on the Parties. 28.3 7.3 Subject to any extensions permitted in terms of Clause 28.47.4, the Seller Contractor shall complete the Works within 180 150 (One Hundred And Eightyone hundred and fifty) Business Days after commencement.. Initial here 28.4 7.4 If the commencement or completion of the Works is delayed for any cause whatsoever beyond the SellerContractor’s control or if any building industry holidays, whether statutory or recognized generally as customary in the industry, fall within the contract period, then the Seller Contractor shall be entitled to a fair and reasonable extension of time for the completion of the Works and the Purchaser Purchaser(s) shall not for that reason have any claim against the Seller Contractor for damages or otherwise. 28.5 7.5 The issue by the Local Authority of the Occupation Certificate shall constitute complete proof of the satisfactory completion of the Works by the Seller Contractor and the Seller Contractor shall, apart from the specific obligation placed on the Seller Contractor in terms of the NHBRC and such additional and specific undertakings set out hereunder hereinunder be discharged completely from all obligations expressed or implied in terms of this Agreement and any variation thereof or addition thereto and the Purchaser Purchaser(s) shall have no further claim on the SellerContractor, save as specifically otherwise provided herein.. Initial here 28.6 7.6 In addition to the defects list referred to in Clause 29.2 8.2 of this Agreement, the Purchaser Purchaser(s) must within 14 30 (FourteenThirty) Days after the Date of OccupationPossession, notify the Seller Contractor in writing of any visible defects, which will be rectified within one month3 (three) months, access permitting. This list shall be regarded as a final and complete defect list, but shall not constitute the right to withhold final payment. 28.7 7.7 The risk in the Works works shall pass wholly and entirely to the Purchaser Purchaser(s) as from the Date of Occupation.

COMMENCEMENT AND COMPLETION OF THE WORKS. 28.1 To the extent that the Seller has not already done so, the Seller ‌ 7.1 The Contractor shall not be obliged to commence with the Works before registration of the Erf in favour of the Purchaser as envisaged in terms of the Agreement, but he shall however not be obliged to commence the Works until: 28.1.1 7.1.1 the whole of the Construction Cost and transfer cost have been paid Employer has furnished adequate security to the Attorneys or have been guaranteed as provided Developer's satisfaction for in clause 6.5 above;the Total Contract Price; and 28.1.2 and that the Purchaser attended to the signature of all transfer documents and on the payment to the Attorney of funds securing the Purchase Price and payment of the Transfer Cost; 28.1.3 and 7.1.2 all necessary consents, approvals and/or registrations from all relevant authorities have been obtained; and 7.1.3 The Employer has become the registered owner of the Property by registration of transfer of the Property in favour of the Employer in the Cape Town Deeds Registry, as more fully provided for in the Agreement of Sale; and 7.1.4 The Property has been successfully enrolled by the Contractor in terms of the NHBRC legislation; 7.1.5 The Employer and the Contractor have signed a Waiver of Builder’s Lien, in favour of the financial institution granting any finance/bond to the Employer as provided for in Clause 6 of the Agreement of Sale, as well as in favour of the Developer. 28.2 7.2 If commencement of the Works Commencement Date is delayed for longer than a period of 90 180 (NinetyOne Hundred and Eighty) Business Days as from Date the fulfilment of Signature hereof the conditions referred to in Clause 7.1 above for any reason other than a reason attributable to the fault and/or omission of the SellerContractor, then the Seller Developer and the Contractor shall be entitled entitled, in its sole discretion discretion, to resile from this Agreement, Agreement with neither party having any further claim against one another or alternatively another. Alternatively, the Seller, in his sole discretion, Parties may claim agree to an adjustment to the Construction Cost in accordance with any increases in the cost of material and/or labour which might in the interim have occurred. amended Total Contract Price. 7.3 If the Parties do not agree to Commencement Date or the adjustment to Completion Date is delayed for any cause whatsoever beyond the Construction CostDeveloper’s and/or the Contractor's control, then a Quantity Surveyor appointed by the Seller shall determine the dispute and the Quantity Surveyor’s determination Contractor shall be final entitled to a fair and binding on reasonable extension of time for the Partiescommencement or completion of the Works. 28.3 7.4 Subject to any extensions permitted in terms of Clause 28.47.3, the Seller Contractor shall complete the Works within 180 240 (One Two Hundred And Eightyand Forty) Business Days after commencementthe later of the Transfer Date or the Commencement Date. 28.4 7.5 If the commencement Commencement Date or completion of the Works Completion Date is delayed for any cause whatsoever beyond the Seller’s Developer and/or the Contractor's control or if any building industry holidays, whether statutory or recognized recognised generally as customary in the industry, industry fall within the contract periodConstructionPeriod, then the Seller Contractor shall be entitled to a fair and reasonable extension of time for the completion of the Works and the Purchaser Employer shall not for that reason have any claim against the Seller Developer and/or the Contractor for damages or otherwise. 28.5 The issue 7.6 Any of the following events, at the election of the Contractor, will be considered as the Completion Date of the Works, and as such, the Dwelling, provided that local Authority has issued the requisite Occupation Certificate: 7.6.1 the date on which the keys of the Works/Xxxxxxxx are formally handed over by the Local Authority Contractor tothe Employer; or 7.6.2 the handover of the Occupation Works/Dwelling by the Contractor to the Employer or his Agent; or 7.6.3 notice by the Contractor to the Employer that the Works/Xxxxxxxx has been finalized and that the Works, and as such, the Dwelling, are ready for possession and vacant occupation by the Employer; or 7.6.4 a signed certificate from the Architect or the Principal Agent, to certify the Works/Xxxxxxxx as being satisfactory completed, which Certificate shall constitute complete proof in any event be presented by the Contractor to the Employer in the instances referred to in clauses 7.6.1 to 7.6.3 above. 7.7 The Works will be deemed to be completed on the Completion Date, from which date all responsibilities of the satisfactory completion of Contractor to the Works by the Seller and the Seller shall, apart from the specific obligation placed on the Seller in terms of the NHBRC and such additional and specific undertakings set out hereunder be discharged completely from all obligations expressed or implied in terms of this Agreement and any variation thereof or addition thereto and the Purchaser shall are released. The Employer will have no further claim claims against the Contractor regarding the Works. 7.8 All amounts due and unpaid shall be due and payable by the Employer on the Seller, save as specifically otherwise provided hereinCompletion Date. 28.6 In addition to the defects list referred to in Clause 29.2 of this Agreement, the Purchaser must within 14 (Fourteen) Days after the Date of Occupation, notify the Seller in writing of any visible defects, which will be rectified within one month, access permitting. This list shall be regarded as a final and complete defect list, but shall not constitute the right to withhold final payment. 28.7 The risk in the Works shall pass wholly and entirely to the Purchaser as from the Date of Occupation.

COMMENCEMENT AND COMPLETION OF THE WORKS. 28.1 To the extent that the Seller has not already done so, the Seller The Contractor shall not be obliged to commence with the Works before registration of until: the Erf in favour of the Purchaser as envisaged in terms of the Agreement, but he shall however not be obliged to commence the Works until: 28.1.1 the whole of the Construction Cost and transfer cost have been paid Employer has furnished adequate security to the Attorneys or have been guaranteed as provided Contractor's satisfaction for in clause 6.5 above; 28.1.2 and that the Purchaser attended to the signature of all transfer documents and on the payment to the Attorney of funds securing the Purchase Price and payment of the Transfer Cost; 28.1.3 Contract Sum; and all necessary consents, approvals and/or registrations from all relevant authorities the Authorities have been obtained. 28.2 If commencement ; and the Property is registered in the name of the Employer and the Employer's mortgage bond (if applicable) has been registered. It is anticipated that the Works is delayed for longer than a period of 90 (Ninety) Business Days will be completed by the Completion Date, as from Date of Signature hereof for any reason other than a reason attributable to the fault and/or omission reflected in Item D of the Seller, then the Seller shall be entitled in its sole discretion to resile from this Agreement, with neither party having any further claim against one another or alternatively the Seller, in his sole discretion, may claim an adjustment to the Construction Cost in accordance with any increases in the cost of material and/or labour which might in the interim have occurredInformation Schedule. If the Parties do not agree Contractor anticipates that the actual Completion Date will be later than the estimated Completion Date stipulated in Item D of the Information Schedule, it shall give written notice to the adjustment to Employer of the Construction Costnew expected Completion Date. The Employer shall have no claim against the Contractor for any damages (whether direct, then a Quantity Surveyor appointed indirect or consequential) suffered by the Seller shall determine Employer as a result of the dispute and the Quantity Surveyor’s determination shall be final and binding on the Parties. 28.3 Subject to any extensions permitted in terms of Clause 28.4, the Seller shall complete the Works within 180 (One Hundred And Eighty) Business Days after commencement. 28.4 Completion Date being delayed. If the commencement or and/or completion of the Works is delayed beyond the estimated Completion Date as referred to in Item D of the Information Schedule: for any reason as recognised in terms of this Agreement, entitling the Contractor to discontinue or suspend the Works as a result of any breach of the provisions of this Agreement by the Employer, then the Contractor shall automatically be entitled to an extension of the time for the completion of the Works equal to such period in respect of which the Contractor was entitled to discontinue or suspend the Works; and/or for any reason or cause whatsoever beyond the Seller’s control or if Contractor's reasonable control, including but not limited to any building industry holidays, whether statutory or recognized recognised generally as customary in the building industry, fall rain days or strikes falling within the contract period, then the Seller Contractor shall be entitled to a fair and reasonable extension of time for the completion of the Works. Subject to any extensions permitted in terms of clauses 9.4.1 and 9.4.2, the Contractor shall complete the Works within 240 (two hundred and forty) Business Days from the Purchaser later of the following dates: the date the Property is registered in the name of the Employer; or the date that the Contractor commenced with the Works. The Employer shall not for that reason have any claim for damages (whether direct, indirect or consequential) against the Seller Contractor as a result of any extension of time allowed for damages or otherwise. 28.5 The issue by the Local Authority of the Occupation Certificate shall constitute complete proof of the satisfactory completion of the Works by as provided for in clauses 9.4.1 and 9.4.2. If the Seller commencement of the Works is delayed for longer than 180 (one hundred and the Seller shall, apart eighty) Business Days from the specific obligation placed on the Seller in terms fulfillment of the NHBRC and such additional and specific undertakings set out hereunder be discharged completely from all obligations expressed or implied in terms of this Agreement and any variation thereof or addition thereto and the Purchaser shall have no further claim on the Seller, save as specifically otherwise provided herein. 28.6 In addition to the defects list conditions referred to in Clause 29.2 clause 9.1, for any reason other than a reason attributable to the fault and/or omission of the Contractor, then the Contractor shall be entitled to resile from this Agreement. In such event, neither Party shall have any further claim against the other. Alternatively, the Purchaser must within 14 (Fourteen) Days after the Date of Occupation, notify the Seller in writing of any visible defects, which will be rectified within one month, access permitting. This list shall be regarded as a final and complete defect list, but shall not constitute the right Parties may agree to withhold final paymentan amended Contract Sum. 28.7 The risk in the Works shall pass wholly and entirely to the Purchaser as from the Date of Occupation.

COMMENCEMENT AND COMPLETION OF THE WORKS. 28.1 To the extent that the Seller has not already done so, the Seller 7.1 The Contractor shall not be obliged to commence with the Works before registration of the Erf in favour of the Purchaser as envisaged in terms of the Agreement, but he shall however not be obliged to commence the Works until: 28.1.1 7.1.1 the EMPLOYER has furnished adequate security to the Contractor’s satisfaction for the whole of the Construction Cost and transfer cost have been paid to the Attorneys or have been guaranteed as provided for in clause 6.5 above;Contract Sum; and 28.1.2 and that the Purchaser attended to the signature of all transfer documents and on the payment to the Attorney of funds securing the Purchase Price and payment of the Transfer Cost; 28.1.3 and 7.1.2 all necessary consents, approvals and/or approvals, registrations from all relevant or other authorities have been obtained; and 7.1.3 the Property is registered in the name of the Employer and the Employer’s bond (if applicable) has been registered. 28.2 7.2 If commencement of the Works WORKS is delayed for longer than a period of 90 ninety (Ninety90) Business Days as from Date the fulfilment of Signature hereof the conditions in Clause 7.1 above for any reason other than a reason attributable to the fault and/or omission of the SellerContractor, then the Seller Contractor shall be entitled entitled, in its sole discretion discretion, to resile resign from this Agreement, with neither party having any further claim against one another or alternatively the Selleranother. Alternatively, in his sole discretion, may claim an adjustment to the Construction Cost in accordance with any increases in the cost of material and/or labour which might in the interim have occurred. If the Parties do not may agree to the adjustment to the Construction Cost, then a Quantity Surveyor appointed by the Seller shall determine the dispute and the Quantity Surveyor’s determination shall be final and binding on the Partiesan amended Total Contract Sum. 28.3 7.3 Subject to any extensions permitted in terms of Clause 28.47.4, the Seller Contractor shall complete the Works within 180 (One Hundred And Eightyone hundred and eighty) Business Days after commencement. 28.4 7.4 If the commencement or completion of the Works is delayed for any cause whatsoever beyond the SellerContractor’s control or if any building industry holidays, whether statutory or recognized recognised generally as customary in the industry, industry fall within the contract period, then the Seller Contractor shall be entitled to a fair and reasonable extension of time for the completion of the Works and the Purchaser Employer shall not for that reason have any claim against the Seller Contractor for damages or otherwise. 28.5 7.5 The issue by the Local Authority occurrence of one or more of the Occupation Certificate events detailed in Clause 7.6 below shall constitute complete proof of the satisfactory completion of the Works by the Seller Contractor and shall determine the completion date and the Seller shall, apart from the specific obligation placed on the Seller in terms of the NHBRC and such additional and specific undertakings set out hereunder Contractor shall be discharged completely from all obligations expressed or implied in terms of under this Agreement contract and any variation thereof or addition thereto and the Purchaser Employer shall have no further claim on the SellerContractor, save as specifically otherwise provided herein. 28.6 In addition 7.6 For purposes aforesaid, the occurrence of any one of the following shall constitute the Completion Date: 7.6.1 The date of formal handing over of the keys to the defects list referred Works by the Contractor to the Employer and the signing by the Employer of a handing-over certificate in Clause 29.2 acknowledgment thereof; or 7.6.2 The date which occupation of the Works is taken by the Employer or his Agent; or 7.6.3 After notice by the Contractor to the Employer that the final section of the Works has been completed and all inspections have been done and tests passed by the Mortgagee or relevant authority and the Works are available for occupation by the Employer; or 7.6.4 The date of issue of a certificate signed by a practising Architect nominated by the Contractor stating that the Works have been satisfactorily completed, whichever of these dates shall be the earliest. 7.7 Notwithstanding anything elsewhere provided for in this Agreement, all amounts owing in terms of this Agreement which have not already been paid in terms of the Purchaser provisions of this Agreement shall be forthwith payable on the completion date. 7.8 The Employer must within 14 7 (FourteenSeven) Days after the Date of Occupation, completion date notify the Seller Contractor in writing of any visible defects, which will be rectified within the one month, access permittingmonth permitting access. This list shall be regarded as a final and complete defect list, list but shall not constitute the right to withhold final payment. 28.7 7.9 The risk in the Works shall pass wholly and entirely to the Purchaser Employer as from the Date of Occupationcompletion date.