Common use of Commencement and Completion Clause in Contracts

Commencement and Completion. 7.1 Possession of the property shall be given to the contractor on a date not later than 2 (two) years after the date of transfer of the property into the name of the employer who shall thereupon within a reasonable time begin the Works and regularly proceed with and complete the same within 290 (TWO HUNDRED AND NINETY) days following the date given above, subject to anything to the contrary herein contained and subject furthermore to any extension of time granted by the Employer. In the event of the building operations coinciding with the Builder’s 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. 7.2 The contractor shall be entitled to receive possession of the property when he is due to commence with the works and to retain possession of the works until all agreed amounts due and payable to him under this agreement have been paid in full and all obligations of the employer in terms of this agreement have been fulfilled. 7.3 Clauses 7.1 and 7.2 are subject to the proviso that the Contractor shall not be obliged to begin the Works until: 7.3.1 Transfer of the property into the name of the Employer has occurred; 7.3.2 the necessary plan and other approvals, consent or other authority required under any law (including any statute, ordinance, by-law and/or regulation) have been obtained by the Contractor; 7.3.3 the mortgage bond, where applicable, has been granted and registered. 7.3.4 all servitudes, if any, have been registered. 7.3.5 all preconditions in terms of the agreement for the sale of the property concluded between the Developer and the Employer, concluded simultaneously herewith have been met and fulfilled. 7.4 The Employer undertakes to employ only the Contractor to erect and complete the buildings, and undertakes not to employ any other Contractor or Sub-contractor to complete the buildings without the prior written consent of the Contractor excluding however such portions of the building works as the parties may agree upon in writing. 7.5 The drawings and finishing schedules in respect of the buildings have been drawn by the Contractor’s Architect and have been submitted to the Employer who warrants that he is satisfied therewith. These drawings and finishing schedules shall be regarded as any integral part of this agreement and deemed to the incorporated herein by reference. 7.6 If necessary all drawings relating to the buildings will be submitted by the Contractor on behalf of the Employer to the Owners Association or in the event of such Association not being established to the Developer and the appropriate local authority for their approval. 7.7 The Employer hereby irrevocably empowers the Contractor or its nominee to sign on behalf of the Employer all the necessary drawings and documents required by the Owners Association or in the event of such Association not being established, the Developer and the local authority for or in connection with the buildings to be constructed by the Contractor. 7.8 The Employer warrants that he has checked and verified all the Annexures hereto to ensure that all his requirements are included, and the Contractor accepts no liability for any omissions therein. 7.9 Provided all suspensive conditions have been fulfilled and provided the Employer has complied with all his obligations in terms hereof and specifically the delivery of guarantees and further subject to clause 7.1, the Contractor shall complete the buildings within 290 (TWO HUNDRED AND NINETY) days after the date of commencement or within such extended date as the parties may agree upon, on which date the Employer shall be entitled to vacant occupation. If the work is delayed by 7.9.1 force majeure or by reason of any inclement weather or 7.9.2 by reason of directions given by the Employer or by reason of the Employer’s requirements in respect of variations or in consequence of the Contractor not having received in due time the necessary directions from the Employer for which he shall have especially applied in writing, or 7.9.3 by reason of civil commotions then in such case a fair and reasonable extension of time for completion of the works shall be allowed to the Contractor. Any dispute in regard to extensions of time shall be deemed to be a dispute which has to be dealt with in terms of the dispute clause referred to herein. 7.10 The Contractor shall complete the works, subject to it not being delayed by anything beyond its control, or by the Employer in any manner whatsoever, and further subject to such reasonable extensions of time as may be considered necessary by the Contractor for any variations, extras and omissions made in terms of this Agreement. 7.11 In the event of the works being delayed by an Act of God, vis major, disaster or by reason of any inclement weather, non-availability of any materials, plant or labour, or for any other reason whatsoever, the Employer shall have no claim against the Contractor for damages or otherwise. The Contractor however, undertakes to endeavour to complete the works as soon as possible under the given circumstances. 7.12.1 In the event of the works not being commenced with on the anticipated commencement date as a result of a delay on the part of the Employer, the contract sum shall escalate at the rate of 1,5% per month or part thereof for the period between the anticipated commencement date and the date of actual commencement. 7.12.2 Similarly, should the works be delayed at any point in time during the building process as a result of a delay on the part of the Employer, the contract sum shall escalate at the rate of 1,5% per month or part thereof.

Commencement and Completion. 7.1 Possession of 4.1 The Contractor shall commence the property shall be given to the contractor Works on such a date not later than 2 (two) years after as agreed between the date of transfer of the property into the name of the employer who shall thereupon within a reasonable time begin the Works and regularly proceed with and complete the same within 290 (TWO HUNDRED AND NINETY) days following the date given above, subject to anything to the contrary herein contained and subject furthermore to any extension of time granted by the Employer. In the event of the building operations coinciding with the Builder’s 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. 7.2 The contractor shall be entitled to receive possession of the property when parties: Provided that he is due to commence with the works and to retain possession of the works until all agreed amounts due and payable to him under this agreement have been paid in full and all obligations of the employer in terms of this agreement have been fulfilled. 7.3 Clauses 7.1 and 7.2 are subject to the proviso that the Contractor shall not be obliged to begin commence the Works until: 7.3.1 Transfer 4.1.1 the Employer has furnished sufficient security to the satisfaction of the contractor for payment of the contract sum; and 4.1.2 all relevant and necessary approvals, consents, registrations and other authorisations have been obtained; and 4.1.3 the property into has been registered in the name of the Employer has occurred; 7.3.2 and the necessary plan and other approvals, consent or other authority required under any law Employer's mortgage bond (including any statute, ordinance, by-law and/or regulation) have been obtained by the Contractor; 7.3.3 the mortgage bond, where applicableif any), has been granted and registered. 7.3.4 all servitudes, if any, have been registered. 7.3.5 all preconditions 4.2 Should commencement of the Works be delayed or postponed for reasons other than those attributable to the mistake or negligence of the Contractor, the Contractor shall, subject to any other rights it may have be entitled to withdraw from this agreement or be entitled to adjust the contract sum to make provision for any escalation in the cost of material and/or labour that may have arisen in the meantime. Should the parties fail to reach agreement on the adjustment of the contract sum a Quantity Surveyor will be employed to act as a Arbiter to resolve the dispute and his decision will be final and binding on the parties. 4.3 Subject to any extensions permitted in terms of the agreement for the sale of the property concluded between the Developer and the Employer, concluded simultaneously herewith have been met and fulfilled. 7.4 The Employer undertakes to employ only the Contractor to erect and complete the buildings, and undertakes not to employ any other Contractor or Sub-contractor to complete the buildings without the prior written consent of the Contractor excluding however such portions of the building works as the parties may agree upon in writing. 7.5 The drawings and finishing schedules in respect of the buildings have been drawn by the Contractor’s Architect and have been submitted to the Employer who warrants that he is satisfied therewith. These drawings and finishing schedules shall be regarded as any integral part of this agreement and deemed to the incorporated herein by reference. 7.6 If necessary all drawings relating to the buildings will be submitted by the Contractor on behalf of the Employer to the Owners Association or in the event of such Association not being established to the Developer and the appropriate local authority for their approval. 7.7 The Employer hereby irrevocably empowers the Contractor or its nominee to sign on behalf of the Employer all the necessary drawings and documents required by the Owners Association or in the event of such Association not being established, the Developer and the local authority for or in connection with the buildings to be constructed by the Contractor. 7.8 The Employer warrants that he has checked and verified all the Annexures hereto to ensure that all his requirements are included, and the Contractor accepts no liability for any omissions therein. 7.9 Provided all suspensive conditions have been fulfilled and provided the Employer has complied with all his obligations in terms hereof and specifically the delivery of guarantees and further subject to clause 7.1Clause 4.4, the Contractor shall complete the buildings Work within 290 120 (TWO HUNDRED AND NINETYone hundred and twenty) days after of the commencement date. The commencement date is the date of registration of the erf in the name of the Employer. 4.4 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 recognised generally as customary in the industry fall within such extended date as the parties may agree uponcontract period, on which date then the Employer Contractor shall be entitled to vacant occupation. If the work is delayed by 7.9.1 force majeure or by reason of any inclement weather or 7.9.2 by reason of directions given by the Employer or by reason of the Employer’s requirements in respect of variations or in consequence of the Contractor not having received in due time the necessary directions from the Employer for which he shall have especially applied in writing, or 7.9.3 by reason of civil commotions then in such case a fair and reasonable extension of time for the completion of the works shall be allowed to the Contractor. Any dispute in regard to extensions of time shall be deemed to be a dispute which has to be dealt with in terms of the dispute clause referred to herein. 7.10 The Contractor shall complete the works, subject to it not being delayed by anything beyond its control, or by the Employer in any manner whatsoever, Works and further subject to such reasonable extensions of time as may be considered necessary by the Contractor for any variations, extras and omissions made in terms of this Agreement. 7.11 In the event of the works being delayed by an Act of God, vis major, disaster or by reason of any inclement weather, non-availability of any materials, plant or labour, or for any other reason whatsoever, the Employer shall not for that reason have no any claim against the Contractor for damages or otherwise. The Contractor however, undertakes to endeavour to complete the works as soon as possible under the given circumstances. 7.12.1 In 4.5 The occurrence of one or more of the event events detailed in Clause 4.6 below shall constitute complete proof of the satisfactory completion of the works not being commenced with on by the anticipated commencement date as a result of a delay on Contractor and shall determine the part of the Employer, the contract sum shall escalate at the rate of 1,5% per month or part thereof for the period between the anticipated commencement completion date and the Contractor shall be discharged completely from all obligations expressed or implied under this contract and any variation thereof or addition thereto and the Employer shall have no further claim on the Contractor, save as specifically otherwise provided herein. 4.6 For purposes aforesaid, the occurrence of any one of the following shall constitute the completion date: 4.6.1 The date of actual commencementformal handing over of the keys to the Works by the Contractor to the Employer and the signing by the Employer of a handing-over certificate in acknowledgement thereof; or 4.6.2 The issue of a certificate signed by the Principal Agent stating that the Works have been satisfactorily completed, whichever of these dates shall be the earliest. 7.12.2 Similarly, should 4.7 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 works provisions of this agreement shall be delayed at any point in time during the building process as a result of a delay forthwith payable on the part of completion date and the Employer, Employer will not retain any retention monies. 4.8 The risk in the contract sum Works shall escalate at pass wholly and entirely to the rate of 1,5% per month or part thereofEmployer as from the completion date.

Commencement and Completion. 7.1 Possession 9.1 It is recorded that the Purchaser shall hand possession of the property Property to the Developer on the Commencement Date to enable the Developer to commence and complete the construction of the Dwelling House to be erected on the Property. 9.2 The Developer shall be given entitled to retain possession of the Works until all amounts owed to him under this Contract and under any other agreement or arrangement between the Developer and the Purchaser in connection with the Works have been paid and all obligations of the Purchaser in terms of this Contract have been fulfilled. 9.3 the Developer shall commence the Works within 6 months of fulfilment of the following: 9.3.1 the Purchaser has furnished adequate security to the contractor on Developer’s satisfaction for payment of the Building Price which shall be payable as provided for in 4.5 above; and 9.3.2 all necessary consents, Approvals, registrations or other authorities have been obtained; and 9.3.3 the Property is registered in the name of the Purchaser and the Purchaser’s bond (if applicable) has been registered. 9.4 If commencement of the Works is delayed for longer than a date not later than 2 (two) years period of 6 months after the scheduled commencement date for any reason other than a reason attributable to the fault and/or omission of the Developer , then the Developer shall be entitled in its sole discretion to resile from this building agreement, with neither party having any further claim against one another, other than a refund to the Purchaser of all monies already paid in terms of clause 4.3 above hereof, in which event the Purchaser shall be obliged to pass transfer of the property into the name of the employer who shall thereupon within a reasonable time begin the Works and regularly proceed with and complete the same within 290 (TWO HUNDRED AND NINETY) days following the date given above, subject to anything back to the contrary herein contained and subject furthermore Developer, or alternatively, claim an adjustment to the Building Price in accordance with any extension increases in the cost of time granted by material and/or labour which might in the Employerinterim have occurred. In the event of the building operations coinciding with parties not being able to reach agreement as to the Builder’s holiday period in any yearadjustment to the Building Price, then a quantity surveyor appointed by the intended period of completion within Developer shall determine the time limit as aforesaid dispute and the quantity surveyor’s determination shall be extended by an additional 30 (THIRTY) daysfinal and binding on the parties. 7.2 The contractor shall be entitled to receive possession of the property when he is due to commence with the works and to retain possession of the works until all agreed amounts due and payable to him under this agreement have been paid in full and all obligations of the employer in terms of this agreement have been fulfilled. 7.3 Clauses 7.1 and 7.2 are subject to the proviso that the Contractor shall not be obliged to begin the Works until: 7.3.1 Transfer of the property into the name of the Employer has occurred; 7.3.2 the necessary plan and other approvals, consent or other authority required under any law (including any statute, ordinance, by-law and/or regulation) have been obtained by the Contractor; 7.3.3 the mortgage bond, where applicable, has been granted and registered. 7.3.4 all servitudes, if any, have been registered. 7.3.5 all preconditions in terms of the agreement for the sale of the property concluded between the Developer and the Employer, concluded simultaneously herewith have been met and fulfilled. 7.4 The Employer undertakes to employ only the Contractor to erect and complete the buildings, and undertakes not to employ any other Contractor or Sub-contractor to complete the buildings without the prior written consent of the Contractor excluding however such portions of the building works as the parties may agree upon in writing. 7.5 The drawings and finishing schedules in respect of the buildings have been drawn by the Contractor’s Architect and have been submitted to the Employer who warrants that he is satisfied therewith. These drawings and finishing schedules shall be regarded as any integral part of this agreement and deemed to the incorporated herein by reference. 7.6 If necessary all drawings relating to the buildings will be submitted by the Contractor on behalf of the Employer to the Owners Association or in the event of such Association not being established 9.5 Subject to the Developer and the appropriate local authority for their approval. 7.7 The Employer hereby irrevocably empowers the Contractor or its nominee to sign on behalf of the Employer all the necessary drawings and documents required by the Owners Association or in the event of such Association not being established, the Developer and the local authority for or in connection with the buildings to be constructed by the Contractor. 7.8 The Employer warrants that he has checked and verified all the Annexures hereto to ensure that all his requirements are included, and the Contractor accepts no liability for any omissions therein. 7.9 Provided all suspensive conditions have been fulfilled and provided the Employer has complied with all his obligations in terms hereof and specifically the delivery of guarantees and further subject to clause 7.1, the Contractor shall complete the buildings within 290 (TWO HUNDRED AND NINETY) days after the date of commencement or within such extended date as the parties may agree upon, on which date the Employer shall be entitled to vacant occupation. If the work is delayed by 7.9.1 force majeure or by reason of any inclement weather or 7.9.2 by reason of directions given by the Employer or by reason of the Employer’s requirements in respect of variations or in consequence of the Contractor not having received in due time the necessary directions from the Employer for which he shall have especially applied in writing, or 7.9.3 by reason of civil commotions then in such case a fair and reasonable extension of time for completion of the works shall be allowed to the Contractor. Any dispute in regard to extensions of time shall be deemed to be a dispute which has to be dealt with in terms of the dispute clause referred to herein. 7.10 The Contractor shall complete the works, subject to it not being delayed by anything beyond its control, control or by the Employer Purchaser in any manner whatsoever, whatsoever and further subject to such reasonable extensions of time as may be considered necessary by the Contractor Principal Agent for any variations, extras and omissions made in terms of this Agreement. 7.11 In the event of the works being delayed by Agreement or an Act of God, vis majorfor example, any major disaster or by reason of any inclement weather, non-availability the Developer shall complete the Works within the time period stipulated in “E3” of the Information Schedule. 9.6 In the event of the Works being delayed by an act of God, viz. major disaster or by any reason of any materials, plant or labour, or for any other reason whatsoeverinclement weather, the Employer Purchaser shall have no claim against the Contractor Developer whilst, the Developer will not be liable for damages any damage that the Purchaser may suffer as result of any delay in the commencement or otherwise. The Contractor howevercompletion of the Dwelling House which is not directly attributable to the Developer or any person for whom the Developer is responsible and the Purchaser shall be obliged to accept occupation of the Dwelling House on such later date as it is available. 9.7 Save for the purposes of clause 10 below, undertakes from the Final Completion Date, the Developer shall be and is discharged and released completely from all the Developer ’s obligations, express or implied, in terms of this agreement or any variation thereof. 9.8 Practical completion shall be established by the issue by the Developer of a certificate of practical completion (the Practical Completion Date). 9.9 Should the Purchaser not agree that practical completion has been reached, the Principal Agent will be called upon to endeavour determine whether practical completion has been reached, and if not, to complete determine what work must still be done by the works Developer in order for practical completion to be reached; and In such an event, practical completion shall be delayed until such work has been done to the satisfaction of the Principal Agent whose decisions made in relation to this clause 9.9 shall be final and binding upon the parties. 9.10 Within 14 (fourteen) days or soon thereafter as soon is reasonably possible of the Practical Completion Date, 9.10.1 the Developer shall deliver to the Purchaser: 9.10.1.1 a Certificate of Compliance in respect of the electrical installation serving the Dwelling House as possible required by the Electrical Installation Regulations of 1992 made under the given circumstancesMachinery and Occupational Health & Safety Act, Act 6 of 1983 as amended, issued by an Electrical Developer who is registered in terms of the Regulations; and 9.10.1.2 a Certificate of Conformity in respect of the gas installation serving the Dwelling House issued by an authorised person as defined in the Pressure Equipment Regulations of 2009 made by the Minister of Labour under Section 43 of the Occupational Health & Safety Act, Act 85 of 1993, if applicable; 9.10.1.3 Certificate of Occupancy in respect of the Dwelling House issued by Stellenbosch Municipality in terms of Section 14(1)(a) of Act 103 of 1977. 7.12.1 9.11 Within 14 (fourteen) days of the Practical Completion Date, the Purchaser shall deliver to the Developer the defect list detailing incomplete work and defects to be remedied within 90 (ninety) days of the Practical Completion Date. 9.12 The Developer shall within the defects’ liability period, remedy the items on the defect list. 9.13 Should the Purchaser not be satisfied that final completion has been reached, the Principal Agent shall immediately inspect the Works for final completion and where the Works: - 9.13.1 have reached final completion, the Principal Agent shall at once issue a certificate of final completion to the Purchaser; or 9.13.2 have not reached final completion, the Principal Agent shall issue a defects list to the Developer detailing any incomplete work and defects to be rectified before the Principal Agent will undertake a further inspection and if appropriate issue the certificate of final completion. 9.13.2.1.1 Should the Developer fail to rectify the defects identified by the Principal Agent in 90 (ninety) days, the Principal Agent shall be entitled to appoint a third party to give effect to the rectification of such defects. 9.14 The Developer warrants that the basic services of the supply of water, sewerage, storm water drainage and road access in accordance with the requirements of the local authority, will be installed to the Property to the satisfaction of the local authority by no later than the Transfer Date. 9.15 In the event of the works not being commenced with issue of a certificate of Final Completion by the Developer, or if applicable, the Principal Agent, the Developer 's obligations in terms of this agreement, subject to the provisions of clause 10, shall be regarded as completely discharged and the parties hereto agree that ipso facto, that is automatically, it shall be deemed that the Works and/or any extras and/or any variation and/or any omissions have been satisfactorily erected and completed in terms of this agreement. 9.16 The Purchaser acknowledges that on the anticipated commencement date as a result Final Completion Date: - 9.16.1 the Development may be incomplete and that he and every person claiming occupation and use through him may suffer inconvenience from building operations and from noise and dust resulting therefrom and the Purchaser shall have no claim whatsoever against the Developer, the Developer or its contractors by reason of a delay on any such inconvenience. 9.16.2 the Developer undertakes to use its best endeavours to keep the noise, disturbance and inconvenience to reasonably acceptable levels. 9.16.3 the Purchaser waives all claims against the Developer for any loss or damage to the Property or any injury to any person which Purchaser may sustain in or about the Property, or in any other part of the EmployerDevelopment, and indemnifies the contract sum shall escalate at Developer against such claim that may be made against the rate Developer by tenants, nominees, invitees or other persons who occupy the Property and/or go upon the Development by virtue of 1,5% per month the Purchaser’s rights thereto, for any loss or part thereof for damage to Property or injury to persons suffered in or about the period between the anticipated commencement date and the date of actual commencement. 7.12.2 SimilarlyProperty, should the works be delayed at or any point in time during the building process as a result of a delay on the other part of the EmployerDevelopment, howsoever such loss or damage to Property or injury to person may be caused (save for the contract sum shall escalate at injury to a person or loss or damage to the rate Property caused by the grossly negligent acts or omissions of 1,5% per month or part thereofthe Developer ).

Commencement and Completion. 7.1 Possession The Owner shall give the Builder undisturbed possession of the property shall be given to the contractor on a date not later than 2 (two) years after Property from the date of transfer of Transfer and shall not require the property into the name of the employer who shall thereupon within a reasonable time begin the Works and regularly proceed with and complete the same within 290 (TWO HUNDRED AND NINETY) days following the date given above, subject Builder to anything to the contrary herein contained and subject furthermore to any extension of time granted by the Employer. In the event of the building operations coinciding with the Builder’s 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. 7.2 The contractor shall be entitled to receive give up possession of the property when he is Property for so long as any amounts are due to commence with the works and to retain possession of the works until all agreed amounts due and payable to him under this agreement have been paid in full and all obligations of the employer in terms of this agreement have been fulfilled. 7.3 Clauses 7.1 and 7.2 are subject to the proviso that the Contractor shall not be obliged to begin the Works until: 7.3.1 Transfer of the property into the name of the Employer has occurred; 7.3.2 the necessary plan and other approvals, consent or other authority required under any law (including any statute, ordinance, by-law and/or regulation) have been obtained by the Contractor; 7.3.3 the mortgage bond, where applicable, has been granted and registered. 7.3.4 all servitudes, if any, have been registered. 7.3.5 all preconditions in terms of the agreement for the sale of the property concluded between the Developer and the Employer, concluded simultaneously herewith have been met and fulfilled. 7.4 The Employer undertakes to employ only the Contractor to erect and complete the buildings, and undertakes not to employ any other Contractor or Sub-contractor to complete the buildings without the prior written consent of the Contractor excluding however such portions of the building works as the parties may agree upon in writing. 7.5 The drawings and finishing schedules in respect of the buildings have been drawn by the Contractor’s Architect and have been submitted to the Employer who warrants that he is satisfied therewith. These drawings and finishing schedules shall be regarded as any integral part of this agreement and deemed to the incorporated herein by reference. 7.6 If necessary all drawings relating to the buildings will be submitted by the Contractor on behalf of the Employer to the Owners Association or in the event of such Association not being established to the Developer and the appropriate local authority for their approval. 7.7 The Employer hereby irrevocably empowers the Contractor or its nominee to sign on behalf of the Employer all the necessary drawings and documents required by the Owners Association or in the event of such Association not being established, the Developer and the local authority for or in connection with the buildings to be constructed by the Contractor. 7.8 The Employer warrants that he has checked and verified all the Annexures hereto to ensure that all his requirements are included, and the Contractor accepts no liability for any omissions therein. 7.9 Provided all suspensive conditions have been fulfilled and provided the Employer has complied with all his obligations in terms hereof and specifically the delivery of guarantees and further subject to clause 7.1, the Contractor shall complete the buildings within 290 (TWO HUNDRED AND NINETY) days after the date of commencement or within such extended date as the parties may agree upon, on which date the Employer shall be entitled to vacant occupation. If the work is delayed by 7.9.1 force majeure or by reason of any inclement weather or 7.9.2 by reason of directions given by the Employer or by reason of the Employer’s requirements in respect of variations or in consequence of the Contractor not having received in due time the necessary directions from the Employer for which he shall have especially applied in writing, or 7.9.3 by reason of civil commotions then in such case a fair and reasonable extension of time for completion of the works shall be allowed to the Contractor. Any dispute in regard to extensions of time shall be deemed to be a dispute which has to be dealt with in terms of the dispute clause referred to herein. 7.10 The Contractor shall complete the works, subject to it not being delayed by anything beyond its control, or by the Employer in any manner whatsoever, and further subject to such reasonable extensions of time as may be considered necessary by the Contractor for any variations, extras and omissions made Builder in terms of this Agreement. It is recorded that any waiver of builder’s lien which may have been signed or will be signed by the Builder or any person to whom the Builder has ceded or will cede its rights, shall be exclusively for the benefit of that party and shall under no circumstances confer any rights or benefits on the Owner. 7.11 In 7.2 The Builder shall commence the event construction of the works being delayed by an Act Works within 30 (thirty) days after the later of Godthe following events or dates, vis major, disaster or by reason as the case may be - 7.2.1 date of any inclement weather, non-availability registration of any materials, plant or labour, or for transfer of the Property into the Owner’s name; 7.2.2 the Unit Floor Plans having been approved and any other reason whatsoever, consents or approvals obtained from the Employer local authority; 7.2.3 all bank guarantees and/or payments in respect of the Contract Sum due in terms of this Agreement having been delivered to the Conveyancer.; and 7.2.4 receipt by the Builder of the enrolment certificate in respect of the Works to be carried out on the Property with the National Home Builders Registration Council; and 7.2.5 the contractor who installed the engineering services to the Property has completed such installation and handed over the Property. 7.3 The Builder shall have no claim against the Contractor for damages or otherwise. The Contractor however, undertakes to endeavour to complete the works construction of the Works, to a state where a Practical Completion Certificate may be issued, within 12 (twelve) months from the date on which construction commences. Should any dispute arise as soon as possible under to the given circumstancesactual date on which the construction is commenced, a certificate signed by the Principal Agent shall be final and conclusive proof of such date. 7.12.1 In 7.4 The Builder shall complete the event Works in accordance with the Unit Floor Plan and the Specifications and Schedule of Finishes within the works period provided for in clause 7.3 above, provided that – 7.4.1 this date has not being commenced been extended by the Principal Agent in accordance with on clauses 7.5, 7.6 and/or 11.3.3; 7.4.2 that the anticipated commencement date as a result of a Builder has taken all reasonable steps to prevent and/or minimise the delay; and 7.4.3 that the delay is not due to intent or negligence on the part of the EmployerBuilder. 7.5 If the period during which the construction of the Works is being carried out coincides with any statutory or customary builders’ holiday, then the contract sum period for the completion of the Works shall escalate be extended by the duration of such holiday, as certified by the Principal Agent. 7.6 The Builder shall not be liable to the Owner for any damages or penalty of whatever nature, whether consequential or otherwise, which may be sustained by the Owner as the result of an event of Force Majeure or other event which it could not reasonably have foreseen, and the period for the completion of the Works shall be extended by the duration of any such event, as certified by the Principal Agent. 7.7 The Builder shall notify the Owner by e-mail at the rate chosen e-mail address herein of 1,5% per month or part thereof for the period between contemplated Practical Completion Date and the anticipated commencement Builder shall, on request, allow the Owner a reasonable opportunity, from date and of the aforesaid notification until the date of actual commencementthe Handover Inspection, to examine the Works for the purpose of ascertaining whether the Owner is satisfied that the Works reasonably conform to the material specifications of the Works as set out in Appendix 1, Appendix 2 and, if applicable, any Optional Extras agreed upon in accordance with the provisions of this Agreement. 7.12.2 Similarly7.8 In the event of any dispute between the Parties as to when or whether the Works have reached a stage of practical completion, should a certificate by the works Independent Architect certifying that the Works have reached the aforesaid stage of completion shall be delayed final and binding upon the Parties. 7.9 On the Practical Completion Date all risk in and to the Works shall pass to the Owner. 7.10 Within 7 (seven) days of the Practical Completion Date, the Parties will meet for the Handover Inspection, at which inspection the Owner and the Builder shall agree on the Defects List. 7.11 Notwithstanding anything to the contrary contained in this Agreement, delivery and possession of the Works shall only be given to the Owner on the later of the following dates, upon which date the Owner agrees to accept delivery of the Works - 7.11.1 in so far as the CPA applies to this Agreement and to the extent that the Owner and Builder have in writing confirmed that delivery of the Works has been given and taken, the date of such written confirmation; or 7.11.2 the 4th working day after the Handover Inspection; and 7.11.3 the date on which the Owner and the Builder agree on the Defects List; and 7.11.4 the date on which the Owner signs a letter confirming the completion of the Works in accordance with the Specification and Schedule of Finishes, Unit Floor Plan and, if applicable, the Optional Extras, and that the Works is fit for the purpose for which it was intended; and 7.11.5 in the event that the Contract Sum or any point in time during portion thereof is paid from the building process as a result proceeds of a delay Building Loan, the date on which all documents required by the part Mortgagee to make the final payment in terms of the EmployerBuilding Loan are signed by the Owner and, if required by the applicable Mortgagee before the final payment is made, telephonic authorisation by the Owner to the Mortgagee to make the final payment; and 7.11.6 in the event that the Contract Sum or any portion thereof is paid in cash, the contract sum date on which the Owner confirms in writing that the Works have been completed satisfactorily and irrevocably authorises and instructs the conveyancer to effect payment of the Retention Sum to the Builder. 7.12 If the Delivery Date is delayed for more than 21 (twenty one) days after the Practical Completion Date and such delay is attributable to the Owner, the Builder shall escalate at be entitled, but not obliged, to sublease the rate Property and the Works to a third party on such terms acceptable to the Builder until the later of 1,5% per month or part thereof.the following dates – 7.12.1 the Delivery Date; or

Commencement and Completion. 7.1 Possession of 4.1 The Contractor shall commence the property shall be given to the contractor on a date not later than 2 (two) years Works after the date of transfer of the property into the name of the employer who shall thereupon within a reasonable time begin the Works and regularly proceed with and complete the same within 290 (TWO HUNDRED AND NINETY) days following the date given above, subject to anything to the contrary herein contained and subject furthermore to any extension of time granted by the Employer. In the event of the building operations coinciding with the Builder’s 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. 7.2 The contractor shall be entitled to receive possession of the property when Plot but he is due to commence with the works and to retain possession of the works until all agreed amounts due and payable to him under this agreement have been paid in full and all obligations of the employer in terms of this agreement have been fulfilled. 7.3 Clauses 7.1 and 7.2 are subject to the proviso that the Contractor shall not be obliged to begin commence the Works until: 7.3.1 Transfer 4.1.1 The Employer has furnished adequate security to the Contractor’s satisfaction for the whole of the property into Contract sum; and 4.1.2 All necessary consents, approvals, registrations or other authorities have been obtained; and 4.1.3 The Plot is registered in the name of the Employer and the Employer’s bond (if applicable) has occurred; 7.3.2 the necessary plan and other approvals, consent or other authority required under any law (including any statute, ordinance, by-law and/or regulation) have been obtained by the Contractor; 7.3.3 the mortgage bond, where applicable, has been granted and registered. 7.3.4 all servitudes, if any, have been registered. 7.3.5 all preconditions 4.2 Subject to any extensions permitted in terms of the agreement for the sale of the property concluded between the Developer and the Employer, concluded simultaneously herewith have been met and fulfilled. 7.4 The Employer undertakes to employ only Clause 4.3 the Contractor to erect and complete the buildings, and undertakes not to employ any other Contractor or Sub-contractor shall make its best endeavours to complete the buildings without Works within one hundred and eighty days (180) after commencement. 4.3 If the prior written consent commencement or completion of the Contractor excluding however such portions of the building works as the parties may agree upon in writing. 7.5 The drawings and finishing schedules in respect of the buildings have been drawn by Works is delayed for any cause whatsoever beyond the Contractor’s Architect and have been submitted to control, including, without limiting the Employer who warrants that he is satisfied therewith. These drawings and finishing schedules shall be regarded generality thereof, inclement weather, labour strikes, unavailability of building material or other building items, etc., or if any building industry holidays, whether statutory or recognized generally as any integral part of this agreement and deemed to customary in the incorporated herein by reference. 7.6 If necessary all drawings relating to industry fall within the buildings will be submitted by contract period, then the Contractor on behalf of the Employer to the Owners Association or in the event of such Association not being established to the Developer and the appropriate local authority for their approval. 7.7 The Employer hereby irrevocably empowers the Contractor or its nominee to sign on behalf of the Employer all the necessary drawings and documents required by the Owners Association or in the event of such Association not being established, the Developer and the local authority for or in connection with the buildings to be constructed by the Contractor. 7.8 The Employer warrants that he has checked and verified all the Annexures hereto to ensure that all his requirements are included, and the Contractor accepts no liability for any omissions therein. 7.9 Provided all suspensive conditions have been fulfilled and provided the Employer has complied with all his obligations in terms hereof and specifically the delivery of guarantees and further subject to clause 7.1, the Contractor shall complete the buildings within 290 (TWO HUNDRED AND NINETY) days after the date of commencement or within such extended date as the parties may agree upon, on which date the Employer shall be entitled to vacant occupation. If the work is delayed by 7.9.1 force majeure or by reason of any inclement weather or 7.9.2 by reason of directions given by the Employer or by reason of the Employer’s requirements in respect of variations or in consequence of the Contractor not having received in due time the necessary directions from the Employer for which he shall have especially applied in writing, or 7.9.3 by reason of civil commotions then in such case a fair and reasonable extension of time for the completion of the works shall be allowed to the Contractor. Any dispute in regard to extensions of time shall be deemed to be a dispute which has to be dealt with in terms of the dispute clause referred to herein. 7.10 The Contractor shall complete the works, subject to it not being delayed by anything beyond its control, or by the Employer in any manner whatsoever, Works and further subject to such reasonable extensions of time as may be considered necessary by the Contractor for any variations, extras and omissions made in terms of this Agreement. 7.11 In the event of the works being delayed by an Act of God, vis major, disaster or by reason of any inclement weather, non-availability of any materials, plant or labour, or for any other reason whatsoever, the Employer shall not for that reason have no any claim against the Contractor for damages or otherwise. The Contractor however, undertakes to endeavour to complete the works as soon as possible under the given circumstances. 7.12.1 In 4.4 The occurrence of one or more of the event events detailed in Clause 4.5 below shall constitute complete proof of the satisfactory completion of the works not being commenced with on by the anticipated commencement date as a result of a delay on Contractor and shall determine the part of the Employer, the contract sum shall escalate at the rate of 1,5% per month or part thereof for the period between the anticipated commencement completion date and the Contractor be discharged completely from all obligations expressed or implied under this contract and any variation thereof or addition thereto and the Employer shall have no further claim on the Contractor, save as specifically otherwise provided herein. 4.5 For purposes aforesaid, the occurrence of any one of the following shall constitute the completion date. 4.5.1 The date of actual commencementformal handing over of the keys to the Works by the Contractor to the Employer and the signing by the Employer of a handing-over certificate in acknowledgment thereof; or 4.5.2 The date certified by an architect nominated by the Contractor as the date on which the Works were ready for beneficial occupation (whichever of these dates shall be the earliest). 7.12.2 Similarly4.6 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 provisions of this agreement shall be forthwith payable on the completion date. 4.7 The risk in the Works shall pass wholly and entirely to the Employer as from the completion date. 4.8 The purchaser must within 7 (Seven) days after the completion date notify the Contractor in writing of any visible defects, should which will be rectified within the works one month permitting access. This list shall be delayed at any point in time during the building process regarded as a result of a delay on final and complete defect list but shall not constitute the part of the Employer, the contract sum shall escalate at the rate of 1,5% per month or part thereofright to withhold final payment.

Commencement and Completion. 7.1 Possession The Owner shall give the Builder undisturbed possession of the property shall be given to the contractor on a date not later than 2 (two) years after Property from the date of transfer of Transfer and shall not require the property into the name of the employer who shall thereupon within a reasonable time begin the Works and regularly proceed with and complete the same within 290 (TWO HUNDRED AND NINETY) days following the date given above, subject Builder to anything to the contrary herein contained and subject furthermore to any extension of time granted by the Employer. In the event of the building operations coinciding with the Builder’s 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. 7.2 The contractor shall be entitled to receive give up possession of the property when he is Property for so long as any amounts are due to commence with the works and to retain possession of the works until all agreed amounts due and payable to him under this agreement have been paid in full and all obligations of the employer in terms of this agreement have been fulfilled. 7.3 Clauses 7.1 and 7.2 are subject to the proviso that the Contractor shall not be obliged to begin the Works until: 7.3.1 Transfer of the property into the name of the Employer has occurred; 7.3.2 the necessary plan and other approvals, consent or other authority required under any law (including any statute, ordinance, by-law and/or regulation) have been obtained by the Contractor; 7.3.3 the mortgage bond, where applicable, has been granted and registered. 7.3.4 all servitudes, if any, have been registered. 7.3.5 all preconditions in terms of the agreement for the sale of the property concluded between the Developer and the Employer, concluded simultaneously herewith have been met and fulfilled. 7.4 The Employer undertakes to employ only the Contractor to erect and complete the buildings, and undertakes not to employ any other Contractor or Sub-contractor to complete the buildings without the prior written consent of the Contractor excluding however such portions of the building works as the parties may agree upon in writing. 7.5 The drawings and finishing schedules in respect of the buildings have been drawn by the Contractor’s Architect and have been submitted to the Employer who warrants that he is satisfied therewith. These drawings and finishing schedules shall be regarded as any integral part of this agreement and deemed to the incorporated herein by reference. 7.6 If necessary all drawings relating to the buildings will be submitted by the Contractor on behalf of the Employer to the Owners Association or in the event of such Association not being established to the Developer and the appropriate local authority for their approval. 7.7 The Employer hereby irrevocably empowers the Contractor or its nominee to sign on behalf of the Employer all the necessary drawings and documents required by the Owners Association or in the event of such Association not being established, the Developer and the local authority for or in connection with the buildings to be constructed by the Contractor. 7.8 The Employer warrants that he has checked and verified all the Annexures hereto to ensure that all his requirements are included, and the Contractor accepts no liability for any omissions therein. 7.9 Provided all suspensive conditions have been fulfilled and provided the Employer has complied with all his obligations in terms hereof and specifically the delivery of guarantees and further subject to clause 7.1, the Contractor shall complete the buildings within 290 (TWO HUNDRED AND NINETY) days after the date of commencement or within such extended date as the parties may agree upon, on which date the Employer shall be entitled to vacant occupation. If the work is delayed by 7.9.1 force majeure or by reason of any inclement weather or 7.9.2 by reason of directions given by the Employer or by reason of the Employer’s requirements in respect of variations or in consequence of the Contractor not having received in due time the necessary directions from the Employer for which he shall have especially applied in writing, or 7.9.3 by reason of civil commotions then in such case a fair and reasonable extension of time for completion of the works shall be allowed to the Contractor. Any dispute in regard to extensions of time shall be deemed to be a dispute which has to be dealt with in terms of the dispute clause referred to herein. 7.10 The Contractor shall complete the works, subject to it not being delayed by anything beyond its control, or by the Employer in any manner whatsoever, and further subject to such reasonable extensions of time as may be considered necessary by the Contractor for any variations, extras and omissions made Builder in terms of this Agreement. It is recorded that any waiver of builder’s lien which may have been signed or will be signed by the Builder or any person to whom the Builder has ceded or will cede its rights, shall be exclusively for the benefit of that party and shall under no circumstances confer any rights or benefits on the Owner. 7.11 In 7.2 The Parties agree that the event Builder shall commence the construction of the works being delayed by an Act Works within 30 (thirty) days after the later of Godthe following events or dates, vis major, disaster or by reason as the case may be - 7.2.1 date of any inclement weather, non-availability registration of any materials, plant or labour, or for Transfer of the Property into the Owner’s name; 7.2.2 the Unit Floor Plans having been approved and any other reason whatsoever, consents or approvals obtained from the Employer Local Authority; 7.2.3 all bank guarantees and/or payments in respect of the Contract Sum due in terms of this Agreement having been delivered to Xxxxxx Xxxxxx Inc.; and 7.2.4 receipt by the Builder of the enrolment certificate in respect of the Works to be carried out on the Property with the National Home Builders Registration Council; and 7.2.5 the contractor who installed the engineering services to the Property has completed such installation and handed over the Property. 7.3 The Builder shall have no claim against the Contractor for damages or otherwise. The Contractor however, undertakes to endeavour to complete the works construction of the Works, to a state where a Practical Completion Certificate may be issued, within 12 (twelve) months from the Commencement Date. Should any dispute arise as soon as possible under to the given circumstancesactual date on which the construction is commenced, a certificate signed by the Principal Agent shall be final and conclusive proof of the Commencement Date. 7.12.1 In 7.4 The Builder shall complete the event Works in accordance with the Unit Floor Plan and the Specifications and Schedule of Finishes within the works period provided for in clause 7.3 above, provided that – 7.4.1 this date has not being commenced been extended by the Principal Agent in accordance with on clauses 7.5, 7.6 and/or 11.3.3; 7.4.2 that the anticipated commencement date as a result of a Builder has taken all reasonable steps to prevent and/or minimise the delay; and 7.4.3 that the delay is not due to intent or negligence on the part of the EmployerBuilder. 7.5 If the period during which the construction of the Works is being carried out coincides with any statutory or customary builders’ holiday, then the contract sum shall escalate at the rate of 1,5% per month or part thereof period for the period between completion of the anticipated commencement date Works shall be extended by the duration of such holiday, as certified by the Principal Agent. 7.6 The Builder shall not be liable to the Owner for any damages or penalty of whatever nature, whether consequential or otherwise, which may be sustained by the Owner as the result of an event of Force Majeure or other event which it could not reasonably have foreseen, and the date of actual commencement. 7.12.2 Similarly, should period for the works be delayed at any point in time during the building process as a result of a delay on the part completion of the EmployerWorks shall be extended by the duration of any such event, as certified by the contract sum shall escalate at the rate of 1,5% per month or part thereofPrincipal Agent.

Commencement and Completion. 7.1 Possession The Owner shall give the Builder undisturbed possession of the property shall be given to the contractor on a date not later than 2 (two) years after Property from the date of transfer Transfer or the Signature Date or the date of fulfilment of the property into the name of the employer who shall thereupon within a reasonable time begin the Works and regularly proceed with and complete the same within 290 (TWO HUNDRED AND NINETY) days following the date given aboveConditions Precedent, subject to anything to the contrary herein contained and subject furthermore to any extension of time granted by the Employer. In the event of the building operations coinciding with the Builder’s holiday period in any year, then the intended period of completion within the time limit as aforesaid whichever shall be extended by an additional 30 (THIRTY) days. 7.2 The contractor the latest, and shall be entitled not require the Builder to receive give up possession of the property when he is Property for so long as any amounts are due to commence with the works and to retain possession of the works until all agreed amounts due and payable to him under this agreement have been paid in full and all obligations of the employer in terms of this agreement have been fulfilled. 7.3 Clauses 7.1 and 7.2 are subject to the proviso that the Contractor shall not be obliged to begin the Works until: 7.3.1 Transfer of the property into the name of the Employer has occurred; 7.3.2 the necessary plan and other approvals, consent or other authority required under any law (including any statute, ordinance, by-law and/or regulation) have been obtained by the Contractor; 7.3.3 the mortgage bond, where applicable, has been granted and registered. 7.3.4 all servitudes, if any, have been registered. 7.3.5 all preconditions in terms of the agreement for the sale of the property concluded between the Developer and the Employer, concluded simultaneously herewith have been met and fulfilled. 7.4 The Employer undertakes to employ only the Contractor to erect and complete the buildings, and undertakes not to employ any other Contractor or Sub-contractor to complete the buildings without the prior written consent of the Contractor excluding however such portions of the building works as the parties may agree upon in writing. 7.5 The drawings and finishing schedules in respect of the buildings have been drawn by the Contractor’s Architect and have been submitted to the Employer who warrants that he is satisfied therewith. These drawings and finishing schedules shall be regarded as any integral part of this agreement and deemed to the incorporated herein by reference. 7.6 If necessary all drawings relating to the buildings will be submitted by the Contractor on behalf of the Employer to the Owners Association or in the event of such Association not being established to the Developer and the appropriate local authority for their approval. 7.7 The Employer hereby irrevocably empowers the Contractor or its nominee to sign on behalf of the Employer all the necessary drawings and documents required by the Owners Association or in the event of such Association not being established, the Developer and the local authority for or in connection with the buildings to be constructed by the Contractor. 7.8 The Employer warrants that he has checked and verified all the Annexures hereto to ensure that all his requirements are included, and the Contractor accepts no liability for any omissions therein. 7.9 Provided all suspensive conditions have been fulfilled and provided the Employer has complied with all his obligations in terms hereof and specifically the delivery of guarantees and further subject to clause 7.1, the Contractor shall complete the buildings within 290 (TWO HUNDRED AND NINETY) days after the date of commencement or within such extended date as the parties may agree upon, on which date the Employer shall be entitled to vacant occupation. If the work is delayed by 7.9.1 force majeure or by reason of any inclement weather or 7.9.2 by reason of directions given by the Employer or by reason of the Employer’s requirements in respect of variations or in consequence of the Contractor not having received in due time the necessary directions from the Employer for which he shall have especially applied in writing, or 7.9.3 by reason of civil commotions then in such case a fair and reasonable extension of time for completion of the works shall be allowed to the Contractor. Any dispute in regard to extensions of time shall be deemed to be a dispute which has to be dealt with in terms of the dispute clause referred to herein. 7.10 The Contractor shall complete the works, subject to it not being delayed by anything beyond its control, or by the Employer in any manner whatsoever, and further subject to such reasonable extensions of time as may be considered necessary by the Contractor for any variations, extras and omissions made Builder in terms of this Agreement. It is recorded that any waiver of builder’s lien which may have been signed or will be signed by the Builder or any person to whom the Builder has ceded or will cede its rights, shall be exclusively for the benefit of that party and shall under no circumstances confer any rights or benefits on the Owner. 7.11 In 7.2 The Builder shall commence the event construction of the works being delayed by an Act Works within 30 (thirty) days after the later of Godthe following events or dates, vis major, disaster or by reason as the case may be - 7.2.1 date of any inclement weather, non-availability registration of any materials, plant or labour, or for transfer of the Property into the Owner’s name; 7.2.2 the Unit Floor Plans having been approved and any other reason whatsoever, consents or approvals obtained from the Employer Local Authority; 7.2.3 all bank guarantees and/or payments in respect of the Contract Sum due in terms of this Agreement having been delivered to the Xxxxxx Xxxxxx Inc; and 7.2.4 receipt by the Builder of the enrolment certificate in respect of the Works to be carried out on the Property with the National Home Builders Registration Council; and 7.2.5 the contractor who installed the engineering services to the Property has completed such installation and handed over the Property. 7.3 The Builder shall have no claim against the Contractor for damages or otherwise. The Contractor however, undertakes to endeavour to complete the works construction of the Works, to a state where a Practical Completion Certificate may be issued, within 12 (twelve) months from the Commencement Date. Should any dispute arise as soon as possible under to the given circumstancesactual date on which the construction is commenced, a certificate signed by the Principal Agent shall be final and conclusive proof of such date. 7.12.1 In 7.4 The Builder shall complete the event Works in accordance with the Unit Floor Plan and the Specifications and Schedule of Finishes within the works period provided for in clause 7.3 above, provided that - 7.4.1 this date has not being commenced been extended by the Principal Agent in accordance with on clauses 7.5, 7.6 and/or 11.3.3; 7.4.2 that the anticipated commencement date as a result of a Builder has taken all reasonable steps to prevent and/or minimise the delay; and 7.4.3 that the delay is not due to intent or negligence on the part of the EmployerBuilder. 7.5 If the period during which the construction of the Works is being carried out coincides with any statutory or customary builders’ holiday, then the contract sum shall escalate at the rate of 1,5% per month or part thereof period for the period between completion of the anticipated commencement date Works shall be extended by the duration of such holiday, as certified by the Principal Agent. 7.6 The Builder shall not be liable to the Owner for any damages or penalty of whatever nature, whether consequential or otherwise, which may be sustained by the Owner as the result of an event of Force Majeure or other event which it could not reasonably have foreseen, and the date of actual commencement. 7.12.2 Similarly, should period for the works be delayed at any point in time during the building process as a result of a delay on the part completion of the EmployerWorks shall be extended by the duration of any such event, as certified by the contract sum shall escalate at the rate of 1,5% per month or part thereofPrincipal Agent.

Commencement and Completion. 7.1 Possession of 5.1 The Contractor shall commence with the property shall be given to the contractor on a date not later than 2 (two) years after the date of transfer of the property into the name of the employer who shall thereupon Works within a reasonable period of time begin after receipt of the necessary guarantees referred to in Clauses 2 and 3 of the Offer to Purchase, and fulfilment of all of the suspensive conditions referred to in Clause 3 of the Offer to Purchase. The Contractor will complete the Works and regularly proceed with and complete no later than 8 (eight) months from date of receipt of the same within 290 (TWO HUNDRED AND NINETY) days following the date given guarantees referred to above, subject to anything to the contrary herein contained and subject furthermore to any extension of time granted by the Employer. In the event of that the building operations coinciding coincide with the Builder’s 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. 7.2 The contractor shall be entitled to receive possession 5.2 Notwithstanding the provisions of the property when he is due to commence with the works and to retain possession of the works until all agreed amounts due and payable to him under this agreement have been paid in full and all obligations of the employer in terms of this agreement have been fulfilled. 7.3 Clauses 7.1 and 7.2 are subject to the proviso that Clause 5.1 above, the Contractor shall not be obliged to begin commence the Works until: 7.3.1 Transfer of the property into the name of the Employer has occurred; 7.3.2 5.2.1 the necessary building plan and other approvals, and consent or other authority required under any law (including any statute, ordinance, by-law and/or laws and / or regulation) have been obtained by the Contractor; 7.3.3 5.2.2 the boundary pegs of the Property have been located and pointed out to the Employer; 5.2.3 the mortgage bond, where applicable, has been granted and registered.; 7.3.4 5.2.4 all servitudes, if any, have been registered. The Contractor may, however, at his own risk, elect to commence the Works prior to fulfilment of any of the requirements referred to in Clauses 5.2.1 to 5.2.4. 7.3.5 all preconditions in terms 5.3 Should any of the agreement conditions referred to above not be fulfilled for a period of 60 (sixty) days from the sale date of signature of this Annexure, or such extended period as may be agreed by the property concluded between the Developer and the Employer, concluded simultaneously herewith have been met and fulfilled. 7.4 The Employer undertakes to employ only the Contractor to erect and complete the buildings, and undertakes not to employ any other Contractor or Sub-contractor to complete the buildings without the prior written consent of the Contractor excluding however such portions of the building works as the parties may agree upon Parties in writing. 7.5 The drawings and finishing schedules in respect of , either party shall have the buildings have been drawn by the Contractor’s Architect and have been submitted right to the Employer who warrants that he is satisfied therewith. These drawings and finishing schedules shall be regarded as any integral part of cancel this agreement and deemed to the incorporated herein by reference. 7.6 If necessary all drawings relating to the buildings will be submitted by the Contractor on behalf of the Employer to the Owners Association or in the event of such Association not being established to the Developer and the appropriate local authority for their approval. 7.7 The Employer hereby irrevocably empowers the Contractor or its nominee to sign on behalf of the Employer all the necessary drawings and documents required by the Owners Association or in the event of such Association not being established, the Developer and the local authority for or in connection with the buildings to be constructed by the Contractor. 7.8 The Employer warrants that he has checked and verified all the Annexures hereto to ensure that all his requirements are includedAgreement, and the Contractor accepts no liability for any omissions therein. 7.9 Provided all suspensive conditions have been fulfilled and provided the Employer has complied with all his obligations in terms hereof and specifically the delivery of guarantees and further subject to clause 7.1, the Contractor shall complete the buildings within 290 (TWO HUNDRED AND NINETY) days after the date of commencement or within such extended date as the parties may agree upon, on which date the Employer shall be entitled to vacant occupation. If recover all reasonable and actual costs incurred, and arising out of, compliance with the work is delayed by 7.9.1 force majeure or by reason of any inclement weather or 7.9.2 by reason of directions given by the Employer or by reason provisions of the Employer’s requirements in respect Contract Documents up to the date of variations or in consequence of the Contractor not having received in due time the necessary directions cancellation from the Employer for which he shall have especially applied in writingEmployer, or 7.9.3 by reason of civil commotions then in provided that such case a fair and reasonable extension of time for completion of the works shall be allowed cancellation is not due to the Contractor. Any dispute in regard to extensions of time shall be deemed to be a dispute which has to be dealt with in terms of the dispute clause referred to herein. 7.10 The Contractor shall complete the works, subject to it not being delayed by anything beyond its control, or by the Employer in any manner whatsoever, and further subject to such reasonable extensions of time as may be considered necessary by the Contractor for any variations, extras and omissions made in terms of this Agreement. 7.11 In the event of the works being delayed by an Act of God, vis major, disaster or by reason of any inclement weather, non-availability of any materials, plant or labour, or for any other reason whatsoever, the Employer shall have no claim against the Contractor for damages or otherwise. The Contractor however, undertakes to endeavour to complete the works as soon as possible under the given circumstances. 7.12.1 In the event of the works not being commenced with on the anticipated commencement date as a result of a delay default on the part of the EmployerContractor; 5.4 If it is agreed by the Parties to this agreement that the Works commence before the mortgage bond is registered, the contract sum shall escalate at progress payments due and referred to in Clause 10 will bear interest according to the rate provisions of 1,5% per month or part thereof for the period between the anticipated commencement date and the date of actual commencementthat Clause. 7.12.2 Similarly, should the works be delayed at any point in time during the building process as a result of a delay on the part of the Employer, the contract sum shall escalate at the rate of 1,5% per month or part thereof.