Common use of CONDITIONS OF OCCUPATION AND RISK Clause in Contracts

CONDITIONS OF OCCUPATION AND RISK. 8.1 From the occupation date the PURCHASER: 8.1.1 shall at all times, as long as this agreement remains in force, comply with the provisions of the Act and the Rules, save that, if the body corporate has not yet come into existence: 8.1.1.1 such of the provisions as cannot under the circumstances be applicable, or, are impliedly substituted by the provisions of this agreement, shall not be binding on the PURCHASER; 8.1.1.2 the PURHCASER shall comply with the binding provisions as if he/she/it was the owner of the PROPERTY; and 8.1.1.3 the SELLER shall enjoy the same rights and powers as the Body Corporate and the Trustees enjoy in terms of the binding provisions. 8.1.2 waives all claims (to the extent that the SELLER is not insured against such claims) against the SELLER for any loss, or damage to property, or any injury to person which the PURCHASER may sustain in or about the PROPERTY, the building, or the common property. 8.1.3 indemnifies the SELLER against any such claim that may be made against the SELLER by any member of the PURCHASER’S family or the PURCHASER’S invitees, employees or agents for any loss or damage to property or injury to person suffered in or about the PROPERTY, the building, or the common property, however such loss or damage to property or injury to person may be caused; 8.1.4 shall not, until registration of transfer of the PROPERTY into his own name, without the prior written consent of the SELLER, make or cause or allow to be made any improvements to the PROPERTY or remove or demolish any improvements whatsoever. The PURCHASER shall not, except insofar as his rights are reserved in terms of section 28 of the Act, have any claim against the SELLER in respect of any expenditure upon or improvements to the PROPERTY, whether made with or without the SELLER’S consent. All improvements to the PROPERTY made by or at the instance or expense of the PURCHASER shall accede to the PROPERTY and belong to the SELLER, unless the SELLER demands the removal thereof and the restoration of the unit to its former condition.

CONDITIONS OF OCCUPATION AND RISK. 8.1 11.1 From the occupation date Occupation Date, the PURCHASER: 8.1.1 shall at all times, as long as this agreement remains in force, comply with the provisions of the Act and the Rules, save that, if the body corporate has not yet come into existence: 8.1.1.1 such of the provisions as cannot under the circumstances be applicable, or, are impliedly substituted by the provisions of this agreement, PURCHASER shall not be binding on the PURCHASER; 8.1.1.2 the PURHCASER shall comply with the binding provisions as if he/she/it was the owner of the PROPERTY; and 8.1.1.3 the SELLER shall enjoy the same rights and powers as the Body Corporate and the Trustees enjoy in terms of the binding provisions. 8.1.2 waives all claims (to the extent that the SELLER is not insured against such claims) against the SELLER for any loss, or damage to property, or any injury to person which the PURCHASER may sustain in or about the PROPERTY, the building, or the common property. 8.1.3 indemnifies the SELLER against any such claim that may be made against the SELLER by any member of the PURCHASER’S family or the PURCHASER’S invitees, employees or agents for any loss or damage to property or injury to person suffered in or about the PROPERTY, the building, or the common property, however such loss or damage to property or injury to person may be caused; 8.1.4 shall not, until registration of transfer of the PROPERTY Unit into his own name, without the prior written consent of the SELLER, make or cause or to allow to be made any improvements to the PROPERTY section or remove or demolish any improvements whatsoever. The PURCHASER shall not, except insofar as his rights are reserved preserved in terms of section Section 28 of the Act, have any claim against the SELLER in In respect of any expenditure upon or improvements to the PROPERTYsection, whether made with or without the SELLER’S SELLERS consent, and notwithstanding the preservation of such rights, hereby waives his lien (if any) in respect of such improvements. All improvements to the PROPERTY section made by or at the instance or expense of the PURCHASER shall accede to the PROPERTY section and belong to the SELLER, unless . 11.2 Notwithstanding anything to the contrary contained in this Agreement and pending the establishment of a Body Corporate the risk in the Unit shall pass to the PURCHASER on Occupation Date. In the event of the SELLER demands is unable to transfer the removal Unit to the PURCHASER by reason of either destruction or expropriation or for any other reason whatsoever save such reason as may be attributed to the fault of the SELLER, or in the event of destruction of the section to the extent that the PURCHASER is deprived of occupation thereof, either party shall thereupon be entitled to withdraw from this Agreement and upon either party so doing, the SELLER shall refund to the PURCHASER all amounts paid by the PURCHASER. Immediately upon such refund having been made, the PURCHASER shall vacate the section unless he has already vacated or been deprived of possession thereof and save as aforesaid shall have no further claim against the restoration of the unit to its former conditionSELLER.

CONDITIONS OF OCCUPATION AND RISK. 8.1 From the occupation date the PURCHASERpurchaser: 8.1.1 shall at all times, times as long as this agreement remains in force, force comply with the provisions of the Act and the Rules, save that, if the body corporate has not yet come into existence: 8.1.1.1 such of the provisions as cannot under the circumstances be applicable, or, applicable or are impliedly substituted by the provisions of this agreement, shall not be binding on the PURCHASERpurchaser; 8.1.1.2 the PURHCASER purchaser shall comply with the binding provisions as if he/she/it was he were the owner of the PROPERTYunit/right; and 8.1.1.3 the SELLER seller shall enjoy the same rights and powers as the Body Corporate body corporate and the Trustees trustees enjoy in terms of the binding provisions.; 8.1.2 waives Waives all claims (to the extent that the SELLER seller is not insured against such claims) against the SELLER seller for any loss, loss or damage to property, property or any injury to person which the PURCHASER purchaser may sustain in or about the PROPERTYunit, the building, building or the common property. 8.1.3 indemnifies Indemnifies the SELLER seller against any such claim that may be made against the SELLER seller by any member of the PURCHASER’S purchaser's family or the PURCHASER’S purchaser's invitees, employees or agents for any loss or damage to property or injury to person suffered in or about the PROPERTYunit, the building, building or the common property, property however such loss or damage to property or injury to person may be caused; 8.1.4 shall not, not until registration of transfer of the PROPERTY unit/right into his own name, without the prior written consent of the SELLERseller, make or cause or allow to be made any improvements to the PROPERTY section or remove or demolish any improvements whatsoever. The PURCHASER purchaser shall not, except insofar as his rights are reserved preserved in terms of section 28 of the Act, have any claim against the SELLER seller in respect of any expenditure upon or improvements to the PROPERTYunit/right, whether made with or without the SELLER’S seller's consent, and notwithstanding the preservation of such rights, hereby waives his lien (if any) in respect of such improvements. All improvements to the PROPERTY unit/right made by or at the instance or expense of the PURCHASER purchaser shall accede to the PROPERTY unit/right and belong to the SELLER, unless the SELLER demands the removal thereof and the restoration of the unit to its former conditionseller.