Common use of CONDITIONS OF OCCUPATION Clause in Contracts

CONDITIONS OF OCCUPATION. From the occupation date the Purchaser shall: 5.1 Comply with the provisions of all applicable legislation and of the scheme rules. 5.2 Waive all claims against the Seller for any loss or damage to property or for any injury to person which the Purchaser may sustain in or about the property, the building or the common property and shall indemnify 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 persons suffered in or about the property, the building or the common property howsoever such loss or damage to property or injury to person may be caused. 5.3 Pay on demand all charges in respect of the electricity and other municipal services consumed or utilized in respect of the property on or before due date provided that if the Purchaser fails to pay any such amount the Seller shall be entitled to make payment thereof on the Purchaser's behalf and to recover same from the Purchaser together with interest at the effective interest rate from the date on which such amount is disbursed by the Seller to the date upon which it is recovered, and to pay the charges raised by the relevant local authority for the commission and provision of electrical supply to the property. 5.4 From the occupation date the Purchaser shall be liable for and pay to the body corporate monthly in advance on the first day of each and every month the monthly levy calculated on the basis of the participation quota in respect of the actual total costs of managing, operating, administering, repairing, servicing and maintaining the common property including, without restricting the generality of the foregoing, rates, taxes, sewerage and sanitation, insurances of every description as determined by the body corporate. 5.5 Not do or permit to be done any act, matter or thing as a result of which any insurance policy held by the Seller or the body corporate in respect of the building may be rendered void or voidable or as a result of which the premiums in respect thereof may be increased. 5.6 Not make any alterations to the interior or exterior of the property of whatsoever nature. 5.7 Maintain the property in a clean and orderly condition. 5.8 Should the Purchaser let or otherwise part with possession and occupation of the property prior to registration of transfer thereof, then the Purchaser undertakes to and shall be held liable to cover any and all costs, including legal costs to evict a tenant should this be necessary, as determined by the Seller. The Purchaser accepts that his liability as aforesaid shall be in solidum and that the Seller shall always be at liberty to proceed with collection and further legal proceedings against the Purchaser. 5.9 Not sell or otherwise alienate the property except with the prior written consent of the Seller which shall not unreasonably be withheld. 5.10 Acknowledge that on the occupation date the common property and other units may be incomplete and the Purchaser and other occupiers must necessarily suffer inconvenience from building operations and from the noise and dust resulting therefrom and that the Purchaser shall have no claim whatsoever against the Seller by reason of any such inconvenience, provided that such inconvenience is not caused by the intentional or grossly negligent acts of the Seller or its agent/s or its employee/s. 5.11 If any dispute arises between the Seller and the Purchaser as to the date when the property is available for beneficial occupation, then the decision of the architect as to such date shall be final and binding upon the parties. 5.12 The Seller reserves to itself the right, to make amendments to the Management and Conduct Rules as prescribed in terms of Section 10(2)(a) and (b) of the Sectional Titles Schemes Management Act no. 8 of 2011, subject to the approval of and certified by the Chief Ombud (if applicable) by which a different value is attached to the vote of the owner and/or the owner's liability modify his liability to make contributions to the body corporate. 5.13 If there is any dispute between the Seller and the Purchaser as to whether any materials or workmanship is of the required standard, then the decision of the architect in this regard shall be final and binding upon the parties. 5.14 Subject to the provisions of the Act, the Purchaser shall not, by reason of any delay in the transfer of the property to him due to any cause whatsoever, be entitled to cancel this contract or to refrain from paying, or suspend payment of, any amount payable by him in terms of this agreement or to claim and recover from the Seller any damages or compensation or any remission of rental.

CONDITIONS OF OCCUPATION. From the occupation date Occupation Date the Purchaser shall, until the date of registration: 5.1 6.1 Comply with the provisions of all applicable legislation the Act and of the scheme rulesRules which will be applicable to the Scheme on the basis that the Seller shall, until the body corporate comes into being, enjoy the same rights and powers as the Body Corporate and the Trustees enjoy in terms of such Rules. 5.2 6.2 Waive all claims against the Seller for any loss or damage to property or for any injury to person which the Purchaser may sustain in or about the propertyUnit, the building Buildings or the common property Common Property and shall indemnify the Seller against any such claim that may be made against the Seller by any member of the Purchaser's ’s family or the Purchaser's ’s invitees, employees or agents for any loss or damage to property or injury to persons suffered in or about the propertyUnit, the building Buildings or the common property Common Property howsoever such loss or damage to property or injury to person may be caused. 5.3 6.3 Pay on demand all charges in respect of the electricity and other municipal services consumed or utilized utilised in respect of the property Unit on or before due date provided that if the Purchaser fails to pay any such amount the Seller shall be entitled to make payment thereof on the Purchaser's ’s behalf and to recover same from the Purchaser together with interest at the effective interest rate Effective Interest Rate from the date on which such amount is disbursed by the Seller to the date upon which it is recovered, and to pay the charges raised by the relevant local authority for the commission and provision of electrical supply to the propertyUnit. 5.4 From the occupation date the Purchaser shall be liable for and pay to the body corporate monthly in advance on the first day of each and every month the monthly levy calculated on the basis of the participation quota in respect of the actual total costs of managing, operating, administering, repairing, servicing and maintaining the common property including, without restricting the generality of the foregoing, rates, taxes, sewerage and sanitation, insurances of every description as determined by the body corporate. 5.5 6.4 Not do or permit to be done any act, matter or thing as a result of which any insurance policy held by the Seller or the body corporate in respect of the building Buildings may be rendered void or voidable or as a result of which the premiums in respect thereof may be increased. 5.6 6.5 Not make any alterations alterations, additions or extensions to the interior or exterior of the property Unit of whatsoever naturenature prior to transfer. After registration of transfer, all alterations, additions or extensions shall be dealt with in accordance with the Rules. 5.7 6.6 Maintain the property Unit in a clean and orderly condition. 5.8 Should 6.7 Be liable for and pay to the Purchaser Seller or the appointed Managing Agent monthly in advance on the first day of each and every month the estimated monthly levy calculated on the basis of the Participation Quota in respect of the actual total costs of managing, operating, administering, repairing, servicing and maintaining the Common Property including, without restricting the generality of the aforegoing, rates, taxes, sewerage and sanitation, insurances of every description as determined by the Seller, services, salaries, wages, licences, care and maintenance of the Common Property, the cost of water and electricity consumed in the Common Property, wages and other expenses and administration costs, including the cost of collection and recovery of the said costs (all of which costs and charges are hereinafter referred to as “total costs”). It is recorded that the total costs have been estimated and that in the event of such costs being greater than the actual costs incurred the excess shall be paid to the body corporate on its establishment in order to create a reserve. In the event of the estimate being less than the actual costs incurred the shortfall shall be contributed in accordance with the Participation Quota. 6.8 Not be entitled to let or otherwise part with possession and occupation of the property prior to registration of transfer thereof, then Unit unless: 6.8.1 the Purchaser undertakes to and shall be held liable to cover any and all costs, including legal costs to evict a tenant should this be necessary, as determined by the Seller. The Purchaser accepts that his liability as aforesaid shall be in solidum and that the Seller shall always be at liberty to proceed with collection and further legal proceedings against the Purchaser. 5.9 Not sell or otherwise alienate the property except with has obtained the prior written consent of the Seller which shall not unreasonably be withheld; 6.8.2 the Purchaser has furnished the Seller with the full names and details of the tenant/occupier that the Purchaser intends to let or grant possession and occupation of the Unit to; 6.8.3 the Purchaser has furnished the Seller or the Managing Agent with a copy of the Lease Agreement entered into between the Purchaser and his tenant/occupier, which Agreement must include a Clause stipulating that such tenant/occupier will be bound by the Rules; 6.8.4 the Purchaser hereby undertakes and guarantees that he, his tenant and/or occupier will duly comply with all the Rules; 6.8.5 the Purchaser hereby indemnifies the Seller against and agrees to be held liable for, any damages or loss that the Seller may suffer as a result of the Purchaser's tenant's or occupier's failure to comply with the Rules; 6.8.6 the Purchaser hereby agrees to accept liability and consents to be liable, for the purposes of this Clause 6, for any legal costs on an attorney and own client scale, incurred by the Seller or the Managing Agent to enforce the Rules against the Purchaser and/or his tenant/occupier; and 6.8.7 failure by the Purchaser to comply with this Clause 6.8 will be deemed a material breach of the Agreement and the Seller, notwithstanding anything else herein contained, will be entitled to invoke its rights in terms of Clause 12 hereunder. 5.10 6.9 Not sell or otherwise alienate the Unit except with the prior written consent of the Seller, which shall not unreasonably be withheld. 6.10 Acknowledge that on the occupation date Occupation Date the common property Common Property and other units Units may be incomplete and the Purchaser and other occupiers must necessarily suffer inconvenience from building operations and from the noise and dust resulting therefrom and that the Purchaser shall have no claim whatsoever against the Seller by reason of any such inconvenience, provided that such inconvenience is not caused by the intentional or grossly negligent acts of the Seller or its agent/s or its employee/s. 5.11 If any dispute arises between the Seller and the Purchaser as to the date when the property is available for beneficial occupation, then the decision of the architect as to such date shall be final and binding upon the parties. 5.12 The Seller reserves to itself the right, to make amendments to the Management and Conduct Rules as prescribed in terms of Section 10(2)(a) and (b) of the Sectional Titles Schemes Management Act no. 8 of 2011, subject to the approval of and certified by the Chief Ombud (if applicable) by which a different value is attached to the vote of the owner and/or the owner's liability modify his liability to make contributions to the body corporate. 5.13 If there is any dispute between the Seller and the Purchaser as to whether any materials or workmanship is of the required standard, then the decision of the architect in this regard shall be final and binding upon the parties. 5.14 Subject to the provisions of the Act, the Purchaser shall not, by reason of any delay in the transfer of the property to him due to any cause whatsoever, be entitled to cancel this contract or to refrain from paying, or suspend payment of, any amount payable by him in terms of this agreement or to claim and recover from the Seller any damages or compensation or any remission of rental.

CONDITIONS OF OCCUPATION. From the occupation date the Purchaser purchaser shall: 5.1 Comply 6.1 comply with the provisions provision of all applicable legislation the Act and of the scheme rules.rules and applicable to the scheme; 5.2 Waive 6.2 waive all claims against the Seller seller/Developer for any loss or damage to property or for any injury to person which the Purchaser purchaser may sustain in or about the propertysection, the building or the common property and shall indemnify the Seller seller/Developer against any such claim that may be made against the Seller seller/Developer 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 persons suffered in or about the propertysection, the building or the common property howsoever such loss or damage to property or injury to person may be caused.; 5.3 Pay 6.3 pay on demand all charges in respect of the electricity and other municipal services consumed or utilized utilised in respect of the property unit on or before due date provided that if the Purchaser purchaser fails to pay any such amount the Seller seller shall be entitled to make payment thereof on the Purchaser's purchaser’s behalf and to recover same from the Purchaser purchaser together with interest at the effective interest rate from the date on which such amount is disbursed by the Seller seller to the date upon which it is recovered, and to pay the charges raised by the relevant local authority for the commission and provision of electrical supply to the property.unit; 5.4 From the occupation date the Purchaser shall 6.4 be liable for and pay to the body corporate seller or the managing agent monthly in advance on the first day of each and every month the estimated monthly levy reflected in clause 1.12, or the revised levy, and calculated on the basis of the participation quota in respect of the actual total costs of managing, operating, administering, repairing, servicing and maintaining the common property including, without restricting the generality of the a foregoing, rates, taxes, sewerage and other cost of disposal of sanitation, insurances of every description as determined by the seller/Developer, services, salaries, wages, licenses, care and maintenance of the common property, the cost of water and electricity consumed in the common property, xxxxxx and other expenses and administration costs, including the cost of collection and recovery of the said costs (all of which costs and charges are hereinafter referred to as “total costs”). It is recorded that the total costs have been estimated and that in the event of such costs being greater that the actual costs incurred the excess shall be paid to the body corporate.corporate in order to create a reserve. In the event of the estimate being less than the actual costs incurred the shortfall shall be contributed by the owner of each unit in accordance with the participation quota; 5.5 Not 6.5 the seller/Body corporate has reserves to itself the right, in terms of Section 32(4) of the Act, to make rules under Section 35 of the Act setting new parameters for the calculation of monthly levies due by owners other than by means of a strict application of the participation quota; 6.6 not do or permit to be done any act, matter or thing as a result of which any insurance policy held by the Seller or the body corporate seller/Developer in respect of the building buildings may be rendered void or voidable or as a result of which the premiums in respect thereof may be increased.; 5.6 Not 6.7 not make any alterations to the interior or exterior of the property unit of whatsoever nature.; 5.7 Maintain 6.8 maintain the property unit in a clean and orderly condition.; 5.8 Should the Purchaser let or otherwise part with possession and occupation of the property prior to registration of transfer thereof, then the Purchaser undertakes to and shall be held liable to cover any and all costs, including legal costs to evict a tenant should this be necessary, as determined by the Seller. The Purchaser accepts that his liability as aforesaid shall be in solidum and that the Seller shall always be at liberty to proceed with collection and further legal proceedings against the Purchaser. 5.9 Not sell or otherwise alienate the property except with the prior written consent of the Seller which shall not unreasonably be withheld. 5.10 Acknowledge 6.9 acknowledge that on the occupation date the common property and other units may be incomplete and the Purchaser purchaser and other occupiers must necessarily suffer inconvenience from building operations and from the noise and dust resulting therefrom there from and that the Purchaser purchaser shall have no claim whatsoever against the Seller seller/Developer by reason of any such inconvenience, provided that such inconvenience is not caused by the intentional or grossly negligent acts of the Seller seller/Developer or its agent/s or its employee/s.s; 5.11 If any dispute arises between the Seller and the Purchaser as to the date when the property is available for beneficial occupation, then the decision of the architect as to such date shall be final and binding upon the parties. 5.12 The Seller reserves to itself the right, to make amendments to the Management and Conduct Rules as prescribed in terms of Section 10(2)(a) and (b) of the Sectional Titles Schemes Management Act no. 8 of 2011, subject to the approval of and certified by the Chief Ombud (if applicable) by which a different value is attached to the vote of the owner and/or the owner's liability modify his liability to make contributions to the body corporate. 5.13 6.10 If there is any dispute between the Seller seller/Developer and the Purchaser purchaser as to whether any materials or workmanship is of the required standard, then the decision of the architect in this regard shall be final and binding upon the parties. 5.14 Subject to the provisions of the Act, the Purchaser 6.11 The purchaser shall not, by reason of any delay in the transfer of the property unit to him due to any cause whatsoever, be entitled to cancel this contract or to refrain from paying, or suspend payment of, any amount payable by him in terms of this agreement or to claim and recover from the Seller seller/Developer any damages or compensation or any remission of rental.

CONDITIONS OF OCCUPATION. From the occupation date the Purchaser shall, until the body corporate comes into being: 5.1 Comply with the provisions of all applicable legislation the Act and of the rules which will be applicable to the scheme on the basis that the Seller shall, until the body corporate comes into being, enjoy the same rights and powers as the body corporate and the trustees enjoy in terms of such rules. 5.2 Waive all claims against the Seller for any loss or damage to property or for any injury to person which the Purchaser may sustain in or about the propertysection, the building or the common property and shall indemnify 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 persons suffered in or about the propertysection, the building or the common property howsoever such loss or damage to property or injury to person may be caused. 5.3 Pay on demand all charges in respect of the electricity and other municipal services consumed or utilized in respect of the property section on or before due date provided that if the Purchaser fails to pay any such amount the Seller shall be entitled to make payment thereof on the Purchaser's behalf and to recover same from the Purchaser together with interest at the effective interest rate from the date on which such amount is disbursed by the Seller to the date upon which it is recovered, and to pay the charges raised by the relevant local authority for the commission and provision of electrical supply to the propertyUnit. 5.4 From the occupation date the Purchaser shall be liable for and pay to the body corporate Seller (until date of registration of transfer of the Section and then thereafter to the Body Corporate) monthly in advance on the first day of each and every month the estimated monthly levy calculated on the basis of the participation quota in respect of the actual total costs of managing, operating, administering, repairing, servicing and maintaining the common property including, without restricting the generality of the foregoingaforegoing, rates, taxes, sewerage and sanitation, insurances of every description as determined by the Seller, services, salaries, wages, licenses, care and maintenance of the common property, the cost of water and electricity consumed in the common property, wages and other expenses and administration costs, including the cost of collection and recovery of the said costs (all of which costs and charges are hereinafter referred to as "total costs"). It is recorded that the total costs have been estimated and that in the event of such costs being greater than the actual costs incurred the excess shall be paid to the body corporatecorporate on its establishment in order to create a reserve. In the event of the estimate being less than the actual costs incurred the shortfall shall be contributed in accordance with the participation quota. 5.5 Not do or permit to be done any act, matter or thing as a result of which any insurance policy held by the Seller or the body corporate in respect of the building may be rendered void or voidable or as a result of which the premiums in respect thereof may be increased. 5.6 Not make any alterations to the interior or exterior of the property section of whatsoever nature. 5.7 Maintain the property section in a clean and orderly condition. 5.8 Should the Purchaser let or otherwise part with possession and occupation of the property section prior to registration of transfer thereof, then the Purchaser and the Agent undertakes to and shall be held liable jointly and severally to cover any and all costs, including legal costs to evict a tenant should this be necessary, as determined by the Seller. The Purchaser and the Agent accepts that his their liability as aforesaid shall be in solidum and that the Seller shall always at all times be at liberty to proceed with collection and further legal proceedings against the Purchaserparty of his choice. 5.9 Not sell or otherwise alienate the property Unit except with the prior written consent of the Seller which shall not unreasonably be withheld. 5.10 Acknowledge that on the occupation date the common property and other units sections may be incomplete and the Purchaser and other occupiers must necessarily suffer inconvenience from building operations and from the noise and dust resulting therefrom and that the Purchaser shall have no claim whatsoever against the Seller by reason of any such inconvenience, provided that such inconvenience is not caused by the intentional or grossly negligent acts of the Seller or its agent/s or its employee/s. 5.11 If any dispute arises between the Seller and the Purchaser as to the date when the property Unit is available for beneficial occupation, then the decision of the architect as to such date shall be final and binding upon the parties. 5.12 The Seller reserves to itself the right, to make amendments to the Management Management- and Conduct Rules as prescribed in terms of Section 10(2)(a) and (b) of the Sectional Titles Schemes Management Act no. 8 of 2011, subject to the approval of and certified by the Chief Ombud (if applicable) by which a different value is attached to the vote of the owner and/or the owner's liability modify his liability to make contributions to the body corporate. 5.13 If there is any dispute between the Seller and the Purchaser as to whether any materials or workmanship is of the required standard, then the decision of the architect in this regard shall be final and binding upon the parties. 5.14 Subject to the provisions of the Act, the Purchaser shall not, by reason of any delay in the transfer of the property Unit to him due to any cause whatsoever, be entitled to cancel this contract or to refrain from paying, or suspend payment of, any amount payable by him in terms of this agreement or to claim and recover from the Seller any damages or compensation or any remission of rental.

CONDITIONS OF OCCUPATION. From the occupation date or date of transfer (whichever event occurs first) the Purchaser shall, each and every month, until the body corporate comes into being: 5.1 Comply 6.1 comply with the provisions of all applicable legislation the Act and of the rules which will be applicable to the scheme on the basis that the Seller shall, until the body corporate comes into being, enjoy the same rights and powers as the body corporate and the trustees enjoy in terms of such rules.; 5.2 Waive 6.2 waive all claims against the Seller for any loss or damage to the property or for any injury to person which the Purchaser may sustain in or about the property, the building property or the common property development, and shall indemnify hereby indemnifies the Seller against any such claim that may be made against the Seller by any member of the Purchaser's ’s family or the Purchaser's ’s invitees, employees or agents for any loss or damage to property or injury to persons suffered in or about the propertyproperty or the development, the building or the common property property, howsoever such loss or damage to property or injury to person may be caused.; 5.3 Pay 6.3 pay on demand all charges in respect of the electricity and other municipal services consumed or utilized in respect of the property PROPERTY on or before the due date provided that if the Purchaser fails to pay any such amount the Seller shall be entitled to make payment thereof on the Purchaser's ’s behalf and to recover same from the Purchaser together with interest at the effective interest rate from the date on which such amount is disbursed by the Seller to the date upon which it is recovered, and to pay the charges raised by the relevant local authority for the commission and provision of electrical supply to the property.PROPERTY; 5.4 From the occupation date the Purchaser shall 6.4 be liable for and pay to the body corporate monthly Seller or the appointed managing agent in advance on the first day of each and every month month, the estimated monthly levy calculated on the basis of the participation quota in respect of the actual total costs of managing, operating, administering, repairing, servicing and maintaining the common property includingincluding the relevant exclusive use areas, without restricting the generality of the foregoing, rates, taxes, sewerage and sanitationservices, insurances salaries, wages, licenses, care and maintenance of every description the common property, the cost of water and electricity consumed in the common property, wages and other expenses and administration costs, including the cost of collection and recovery of the said costs (all of which costs charges are hereinafter referred to as determined by “total costs”). It is recorded that the body corporate.total costs have not been estimated; 5.5 Not 6.5 not do or permit to be done any act, matter or thing as a result of which any insurance policy held by the Seller or the body corporate in respect of the building may be property rendered void or voidable or as a result of which the premiums in respect thereof may be increased.; 5.6 Not 6.6 not make any alterations to the interior or exterior of the property PROPERTY of whatsoever nature.nature without the written consent of the Seller that shall not unreasonably be withheld; 5.7 Maintain 6.7 maintain the property PROPERTY in a clean and orderly condition.; 5.8 Should the Purchaser let or otherwise part with possession and occupation of the property prior to registration of transfer thereof, then the Purchaser undertakes to and shall be held liable to cover any and all costs, including legal costs to evict a tenant should this be necessary, as determined by the Seller. The Purchaser accepts that his liability as aforesaid shall be in solidum and that the Seller shall always be at liberty to proceed with collection and further legal proceedings against the Purchaser. 5.9 Not 6.8 not sell or otherwise alienate the property PROPERTY except with the prior written consent of the Seller which that shall not unreasonably be withheld.; 5.10 Acknowledge 6.9 acknowledge that on the occupation date or date of transfer (whichever event occurs first), the common property and other units sections may be incomplete and the Purchaser and other occupiers must necessarily suffer inconvenience from building operations and from the noise and dust resulting therefrom and that the Purchaser shall have no claim whatsoever against the Seller by reason of any such inconvenience, provided that such inconvenience is not caused by the intentional or grossly negligent acts of the Seller or its agent/s or its employee/s. 5.11 If any dispute arises between the Seller and the Purchaser as to the date when the property is available for beneficial occupation, then the decision of the architect as to such date shall be final and binding upon the parties. 5.12 The Seller reserves to itself the right, to make amendments to the Management and Conduct Rules as prescribed in terms of Section 10(2)(a) and (b) of the Sectional Titles Schemes Management Act no. 8 of 2011, subject to the approval of and certified by the Chief Ombud (if applicable) by which a different value is attached to the vote of the owner and/or the owner's liability modify his liability to make contributions to the body corporate. 5.13 If there is any dispute between the Seller and the Purchaser as to whether any materials or workmanship is of the required standard, then the decision of the architect in this regard shall be final and binding upon the parties. 5.14 Subject to the provisions of the Act, the Purchaser shall not, by reason of any delay in the transfer of the property to him due to any cause whatsoever, be entitled to cancel this contract or to refrain from paying, or suspend payment of, any amount payable by him in terms of this agreement or to claim and recover from the Seller any damages or compensation or any remission of rental.

CONDITIONS OF OCCUPATION. From the occupation date the Purchaser purchaser shall: 5.1 Comply 6.1 comply with the provisions provision of all applicable legislation the Act and of the scheme rules.rules and applicable to the scheme; 5.2 Waive 6.2 waive all claims against the Seller seller/Developer for any loss or damage to property or for any injury to person which the Purchaser purchaser may sustain in or about the propertysection, the building or the common property and shall indemnify the Seller seller/Developer against any such claim that may be made against the Seller seller/Developer by any member of the Purchaserpurchaser's family or the Purchaserpurchaser's invitees, employees or agents for any loss or damage to property or injury to persons suffered in or about the propertysection, the building or the common property howsoever such loss or damage to property or injury to person may be caused.; 5.3 Pay 6.3 pay on demand all charges in respect of the electricity and other municipal services consumed or utilized utilised in respect of the property unit on or before due date provided that if the Purchaser purchaser fails to pay any such amount the Seller seller shall be entitled to make payment thereof on the Purchaserpurchaser's behalf and to recover same from the Purchaser purchaser together with interest at the effective interest rate from the date on which such amount is disbursed by the Seller seller to the date upon which it is recovered, and to pay the charges raised by the relevant local authority for the commission and provision of electrical supply to the property.unit; 5.4 From the occupation date the Purchaser shall 6.4 be liable for and pay to the body corporate seller or the managing agent monthly in advance on the first day of each and every month the estimated monthly levy reflected in clause 1.12, or the revised levy, and calculated on the basis of the participation quota in respect of the actual total costs of managing, operating, administering, repairing, servicing and maintaining the common property including, without restricting the generality of the a foregoing, rates, taxes, sewerage and other cost of disposal of sanitation, insurances of every description as determined by the seller/Developer, services, salaries, wages, licenses, care and maintenance of the common property, the cost of water and electricity consumed in the common property, xxxxxx and other expenses and administration costs, including the cost of collection and recovery of the said costs (all of which costs and charges are hereinafter referred to as “total costs”). It is recorded that the total costs have been estimated and that in the event of such costs being greater that the actual costs incurred the excess shall be paid to the body corporate.corporate in order to create a reserve. In the event of the estimate being less than the actual costs incurred the shortfall shall be contributed by the owner of each unit in accordance with the participation quota; 5.5 Not 6.5 the seller/Body corporate has reserves to itself the right, in terms of Section 32(4) of the Act, to make rules under Section 35 of the Act setting new parameters for the calculation of monthly levies due by owners other than by means of a strict application of the participation quota; 6.6 not do or permit to be done any act, matter or thing as a result of which any insurance policy held by the Seller or the body corporate seller/Developer in respect of the building buildings may be rendered void or voidable or as a result of which the premiums in respect thereof may be increased.; 5.6 Not 6.7 not make any alterations to the interior or exterior of the property unit of whatsoever nature.; 5.7 Maintain 6.8 maintain the property unit in a clean and orderly condition.; 5.8 Should the Purchaser let or otherwise part with possession and occupation of the property prior to registration of transfer thereof, then the Purchaser undertakes to and shall be held liable to cover any and all costs, including legal costs to evict a tenant should this be necessary, as determined by the Seller. The Purchaser accepts that his liability as aforesaid shall be in solidum and that the Seller shall always be at liberty to proceed with collection and further legal proceedings against the Purchaser. 5.9 Not sell or otherwise alienate the property except with the prior written consent of the Seller which shall not unreasonably be withheld. 5.10 Acknowledge 6.9 acknowledge that on the occupation date the common property and other units may be incomplete and the Purchaser purchaser and other occupiers must necessarily suffer inconvenience from building operations and from the noise and dust resulting therefrom there from and that the Purchaser purchaser shall have no claim whatsoever against the Seller seller/Developer by reason of any such inconvenience, provided that such inconvenience is not caused by the intentional or grossly negligent acts of the Seller seller/Developer or its agent/s or its employee/s.s; 5.11 If any dispute arises between the Seller and the Purchaser as to the date when the property is available for beneficial occupation, then the decision of the architect as to such date shall be final and binding upon the parties. 5.12 The Seller reserves to itself the right, to make amendments to the Management and Conduct Rules as prescribed in terms of Section 10(2)(a) and (b) of the Sectional Titles Schemes Management Act no. 8 of 2011, subject to the approval of and certified by the Chief Ombud (if applicable) by which a different value is attached to the vote of the owner and/or the owner's liability modify his liability to make contributions to the body corporate. 5.13 6.10 If there is any dispute between the Seller seller/Developer and the Purchaser purchaser as to whether any materials or workmanship is of the required standard, then the decision of the architect in this regard shall be final and binding upon the parties. 5.14 Subject to the provisions of the Act, the Purchaser 6.11 The purchaser shall not, by reason of any delay in the transfer of the property unit to him due to any cause whatsoever, be entitled to cancel this contract or to refrain from paying, or suspend payment of, any amount payable by him in terms of this agreement or to claim and recover from the Seller seller/Developer any damages or compensation or any remission of rental.

CONDITIONS OF OCCUPATION. From the occupation date Occupation Date the Purchaser shall, until the Body Corporate comes into being: 5.1 Comply with the provisions of all applicable legislation the Act and of the scheme rules which will be applicable to the Scheme on the basis that the Seller shall, until the Body Corporate comes into being, enjoy the same rights and powers as the Body Corporate and the trustees enjoy in terms of such rules. 5.2 Waive all claims against the Seller for any loss or damage to property or for any injury to person which the Purchaser may sustain in or about the propertysection, the building Building or the common property Common Property and shall indemnify 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 persons suffered in or about the propertyUnit, the building Building or the common property Common Property howsoever such loss or damage to property or injury to person may be caused. 5.3 Pay on demand all charges in respect of the electricity and other municipal services consumed or utilized in respect of the property section on or before due date provided that if the Purchaser fails to pay any such amount the Seller shall be entitled to make payment thereof on the Purchaser's behalf and to recover same from the Purchaser together with interest at the effective interest rate from the date on which such amount is disbursed by the Seller to the date upon which it is recovered, and to pay the charges raised by the relevant local authority for the commission and provision of electrical supply to the propertyUnit. 5.4 From the occupation date the Purchaser shall be Be liable for and pay to the body corporate Seller monthly in advance on the first day of each and every month the estimated monthly levy calculated on the basis of the participation quota in respect of the actual total costs of managing, operating, administering, repairing, servicing and maintaining the common property Common Property including, without restricting the generality of the foregoingaforegoing, rates, taxes, sewerage and sanitation, insurances of every description as determined by the body corporateSeller, services, salaries, wages, licenses, care and maintenance of the Common Property, the cost of water and electricity consumed in the Common Property, wages and other expenses and administration costs, including the cost of collection and recovery of the said costs (all of which costs and charges are hereinafter referred to as "total costs"). It is recorded that the total costs have been estimated and that in the event of such costs being greater than the actual costs incurred the excess shall be paid to the Body Corporate on its establishment in order to create a reserve. In the event of the estimate being less than the actual costs incurred the shortfall shall be contributed in accordance with the participation quota. 5.5 Not do or permit to be done any act, matter or thing as a result of which any insurance policy held by the Seller or the body corporate in respect of the building Building may be rendered void or voidable or as a result of which the premiums in respect thereof may be increased. 5.6 Not make any alterations to the interior or exterior of the property section of whatsoever nature. 5.7 Maintain the property section in a clean and orderly condition. 5.8 Should the Purchaser Not be entitled to let or otherwise part with possession and occupation of the property prior section except where the Agent provides the Seller with an undertaking to registration the satisfaction of transfer thereof, then the Purchaser undertakes to and shall be held liable to Seller that the Agent will cover any and all costs, including legal costs to evict a tenant should this be necessary, as determined by the Seller. The Purchaser accepts that his liability as aforesaid shall be in solidum and that the Seller shall always be at liberty to proceed with collection and further legal proceedings against the Purchaser. 5.9 Not sell or otherwise alienate the property Unit except with the prior written consent of the Seller which shall not unreasonably be withheld. 5.10 Acknowledge that on the occupation date the common property Common Property and other units sections may be incomplete and the Purchaser and other occupiers must necessarily suffer inconvenience from building Building operations and from the noise and dust resulting therefrom and that the Purchaser shall have no claim whatsoever against the Seller by reason of any such inconvenience, provided that such inconvenience is not caused by the intentional or grossly negligent acts of the Seller or its agent/s or its employee/s. 5.11 If any dispute arises between the Seller and the Purchaser as to the date when the property Unit is available for beneficial occupation, then the decision of the architect as to such date shall be final and binding upon the parties. 5.12 The Seller reserves to itself the right, to make amendments to the Management and Conduct Rules as prescribed in terms of Section 10(2)(a) and (b32(4) of the Sectional Titles Schemes Management Act, when submitting the application for the opening of the sectional title register, to make rules under Section 35 of the Act no. 8 of 2011, subject to the approval of and certified by the Chief Ombud (if applicable) by which a different value is attached to the vote of the owner and/or the owner's liability modify his liability to make contributions to the body corporateBody Corporate. 5.13 If there is any dispute between the Seller and the Purchaser as to whether any materials or workmanship is of the required standard, then the decision of the architect in is this regard shall be final and binding upon the parties. 5.14 Subject to the provisions of the Act, the Purchaser shall not, by reason of any delay in the transfer of the property Unit to him due to any cause whatsoever, be entitled to cancel this contract or to refrain from paying, or suspend payment of, any amount payable by him in terms of this agreement or to claim and recover from the Seller any damages or compensation or any remission of rental.

CONDITIONS OF OCCUPATION. 5.1 From the occupation date Occupation Date until the body corporate comes into being, the Purchaser shall: 5.1 Comply 5.1.1 comply with the provisions of all applicable legislation the Act, STSM Act and of the scheme rules.Rules which will be applicable to the Scheme on the basis that the Seller shall, prior to the establishment of the body corporate, enjoy the same rights and powers as the body corporate and the trustees enjoy in terms of such Rules; 5.2 Waive 5.1.2 waive all claims against the Seller for any loss or damage to property or for any injury to person which the Purchaser may sustain in or about the propertySection, the building or the common property and shall indemnify 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 Agents for any loss or damage to property or injury to persons suffered in or about the propertySection, the building or the common property howsoever such loss or damage to property or injury to person may be caused.; 5.3 Pay 5.1.3 pay on demand all charges in respect of the electricity and other municipal services consumed or utilized used in respect of the property on or before due date Section: provided that if the Purchaser fails to pay any such amount the Seller shall be entitled to make payment thereof on the Purchaser's behalf and to recover same from the Purchaser together with interest on the amount so paid at the effective interest rate aggregate of the Effective Interest Rate and 3% (three percent) from the date on which such amount is disbursed by the Seller to the date upon which it is recovered, and to pay the charges raised by the relevant local authority for the commission and provision of electrical supply to the property.; 5.4 From the occupation date the Purchaser shall be liable for and 5.1.4 pay to the body corporate Seller, in addition to the occupational rental, a levy monthly in advance on the first day of each and every month the monthly levy calculated on the basis as provided for in Section 3 of the participation quota STSM Act in respect terms of which the Purchaser's share of the actual total costs of managing, operating, administering, repairing, servicing and maintaining communal expenses is calculated in accordance with the common property including, without restricting the generality Participation Quota of the foregoing, rates, taxes, sewerage and sanitation, insurances of every description Unit as determined by the body corporate.Land Surveyor; 5.5 Not do or permit to be done any act, matter or thing as a result of which any insurance policy held by the Seller or the body corporate in respect of the building may be rendered void or voidable or as a result of which the premiums in respect thereof may be increased. 5.6 Not make any alterations to the interior or exterior of the property of whatsoever nature. 5.7 Maintain the property in a clean and orderly condition. 5.8 Should the Purchaser let or otherwise part with possession and occupation of the property prior to registration of transfer thereof, then the Purchaser undertakes to and shall be held liable to cover any and all costs, including legal costs to evict a tenant should this be necessary, as determined by the Seller. The Purchaser accepts that his liability as aforesaid shall be in solidum and that the Seller shall always be at liberty to proceed with collection and further legal proceedings against the Purchaser. 5.9 Not sell or otherwise alienate the property except with the prior written consent of the Seller which shall not unreasonably be withheld. 5.10 Acknowledge 5.1.5 acknowledge that on the occupation date Occupation Date the common property and other units Sections may be incomplete and the Purchaser and other occupiers must necessarily suffer inconvenience from building operations and from the noise and dust resulting therefrom and but that the Purchaser shall have no claim whatsoever against the Seller by reason of any such inconvenience, provided that unless such inconvenience is not caused by the intentional or grossly negligent acts of the Seller or its agent/s Agents or its employee/s.employees; 5.11 If 5.1.6 not do or permit to be done anything which would result in any insurance policy held by the Seller in respect of the development being rendered void or voidable, or which would result in the insurance premiums being increased; 5.1.7 not make any alterations to the interior or exterior of the Section without the Seller's prior written consent; 5.1.8 maintain the Section and any Exclusive Use Areas allocated to the Unit in a clean and orderly condition; 5.1.9 not be entitled to let or otherwise part with possession and occupation of the Section without the Seller's written consent, which shall not unreasonably be withheld; and 5.1.10 not sell or otherwise alienate the Unit except with the Seller's prior written consent, which shall not unreasonably be withheld. 5.2 The Seller shall, at its own cost, engage the services of an independent architect or construction consultant who shall, prior to the Occupation Date, conduct a thorough inspection of the Section and prepare, for the benefit of both Purchaser and Seller, a list of defects in the Section (the “snag list”). The Seller shall attend to the rectification of items on the snag list and do so, subject to clause 6.4, as soon as practicably possible after its receipt thereof. The snag list shall be the definitive list of any defects to be remedied by the Seller in the Section. Should there be a dispute arises between the Seller and the Purchaser parties as to whether or not the date when Seller has properly remedied any items on the property is available for beneficial occupationsnag list, then the dispute shall be determined by the Architect who shall, acting impartially and as an expert, summarily determine the matter and whose decision of the architect as to such date shall will be final and binding upon on all the parties. 5.12 The Seller reserves to itself the right, to make amendments to the Management and Conduct Rules as prescribed in terms of Section 10(2)(a) and (b) of the Sectional Titles Schemes Management Act no. 8 of 2011, subject to the approval of and certified by the Chief Ombud (if applicable) by which a different value is attached to the vote of the owner and/or the owner's liability modify his liability to make contributions to the body corporate. 5.13 If there is any dispute between the Seller and the Purchaser as to whether any materials or workmanship is of the required standard, then the decision of the architect in this regard shall be final and binding upon the parties. 5.14 Subject to the provisions of the Act, the Purchaser shall not, by reason of any delay in the transfer of the property to him due to any cause whatsoever, be entitled to cancel this contract or to refrain from paying, or suspend payment of, any amount payable by him in terms of this agreement or to claim and recover from the Seller any damages or compensation or any remission of rental.