Common use of CONDITIONS OF OCCUPATION Clause in Contracts

CONDITIONS OF OCCUPATION. 7.1 From the Occupation Date, the Purchaser shall, until the Date of Registration of Transfer: 7.1.1 comply with the provision of the Act, STSMA 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; 7.1.2 on the Inspection Date a representative of the Seller and the Purchaser shall inspect the Unit and the Purchaser shall point out to the Seller’s representative any keys, locks, windows, fixture, wash-basins, toilets or any other installations contained in or which should be contained in the Unit which are defective or missing or not in conformity with the requirements of the Agreement, which defective, missing or broken items shall be recorded in a schedule with full particulars which shall be signed by the Purchaser and the Seller’s representative (hereinafter referred to as the “snag list”). 7.1.2.1 Save for the items recorded in the snag list, the Purchaser shall be deemed to have acknowledged that neither the Unit nor any other keys, locks, windows, fixtures, fittings, wash-basins, toilets, other installations or the roof are defective or missing or not in conformity with what has been agreed by the Parties and that the Unit has been delivered to the Purchaser complete in all respects and suitable in all respects for the purposes for which it is sold. 7.1.2.2 The Seller shall furnish a copy of the snag list to the Building Contractor who shall liaise with the Purchaser and who shall attend to all items prior to the Occupation Date; 7.1.2.3 The Seller shall not be liable to attend to any other or further remedial work after completion of the necessary work detailed in the snag list. 7.1.2.4 The Purchaser shall only take occupation of the Unit after completion of the remedial work by the Seller, unless the Parties agree in writing that the Purchaser may take occupation prior to completion of the remedial work and then only subject to the conditions that the Seller in his sole discretion may impose. 7.1.2.5 The Purchaser shall within 3 (three) days of notification by the Seller that the remedial work is completed, provide the Seller with all documentation required to release any retention on any loan amount granted in terms of clause 6 of the Schedule of Particulars in respect of the Unit and shall confirm in writing that the Purchaser is satisfied with the Unit in all respects. 7.1.2.6 In the event that the snag list remedial work as referred to in clause 7.1.2 has not been completed 100% by registration, save for minor outstanding remedial work which does not prevent the Purchaser from occupying, enjoying and using the Unit, shall the Seller not be liable for any occupational interest to the Purchaser. 7.1.3 The Seller shall be relieved of its obligations in terms of this sub clause if the Purchaser fails to attend the inspection and fails to notify the Seller during the aforesaid inspection respectively of any faults or defects or, as the case may be, of repair work required to the roof; 7.1.4 A certificate issued by the Scheme’s Architect (acting as an expert and not as an arbitrator) stating that any defect for which the Seller is liable in terms of this clause has been made good, shall be final and binding on the parties and shall relieve the Seller from any further obligations whatever in respect of any such defect. In the event of a dispute arising in regard to the nature of an alleged defect/snag a certificate by the architect (acting as an expert and not as an arbitrator) shall be final and binding on the parties. 7.2 The Seller undertakes to cede all warranties in respect of the building, more specifically, the roof of the building to the Body Corporate. 7.3 Prior to the Date of Registration of Transfer the Purchaser shall not be entitled to make any alterations of additions to the Unit without the prior written consent of the Seller; 7.4 From the Occupation Date the Purchaser shall be obliged to maintain the Unit in a fit and proper condition, and to keep it neatly and properly painted and glazed. The Purchaser shall further be obliged to maintain and from time to time replace, as may be necessary, all the interior fittings, electrical and service installations of the Unit, and shall be obliged to keep the walls, floors and ceilings of the Unit in proper repair, and generally to undertake all such maintenance and repairs not envisaged in clause 7.1.2; 7.5 The Purchaser shall not be entitled to divide the Unit for the purpose of selling, donating or in any other manner alienating or disposing of the Purchaser’s rights of occupancy or any portion thereof to any other person; 7.6 The Purchaser shall not sell or rent the Unit or in any manner alienate his rights to the Unit as conferred upon him by this agreement, except with the prior written consent of the Seller and only once: 7.6.1 The Purchaser has furnished the Seller with the documentation in 7.1.

CONDITIONS OF OCCUPATION. 7.1 From the Occupation Dateoccupation date the PURCHASER – 7.1 shall at all times as long as this Agreement remains in force, the Purchaser shall, until the Date of Registration of Transfer: 7.1.1 comply with the provision provisions of the Act, STSMA Act and the Rules of the rules which will be applicable to the Scheme on the basis that the Seller shall, until the body corporate comes save that, if the body corporate has not yet come into beingexistence, such of the provisions as cannot, under the circumstances, be applicable or are implied substituted by the provisions of this Agreement shall not be binding on the PURCHASER; 7.2 shall comply with the binding provisions as if he was the owner of that unit; and 7.3 accepts that the SELLER shall enjoy the same rights and powers as the body corporate and the trustees enjoy in terms of such rulesthe binding provisions of the Act and the Rules of the body corporate; 7.1.2 on 7.4 unless the Inspection Date a representative Consumer Protection Act 68 of 2008 explicitly provides otherwise, waives all claims against the Seller SELLER for any loss or damage to property or any injury to person which the PURCHASER may sustain in or about the section, the building or the common property and indemnifies the Purchaser shall inspect SELLER against any such claim that may be made against the Unit and the Purchaser shall point out SELLER by any person inter alia but not limited to the SellerPURCHASER’s representative family or the PURCHASER’s invitees, employees, or agents for any keys, locks, windows, fixture, wash-basins, toilets loss or any other installations contained damage to property or injury to person suffered in or which should be contained in about the Unit which are defective or missing or not in conformity with the requirements of the Agreement, which defective, missing or broken items shall be recorded in a schedule with full particulars which shall be signed by the Purchaser and the Seller’s representative (hereinafter referred to as the “snag list”). 7.1.2.1 Save for the items recorded in the snag listsection, the Purchaser shall be deemed to have acknowledged that neither the Unit nor any other keys, locks, windows, fixtures, fittings, wash-basins, toilets, other installations building or the roof are defective property howsoever such loss or missing damage to property or not in conformity with what has been agreed by the Parties and that the Unit has been delivered injury to the Purchaser complete in all respects and suitable in all respects for the purposes for which it is sold. 7.1.2.2 The Seller shall furnish a copy of the snag list to the Building Contractor who shall liaise with the Purchaser and who shall attend to all items prior to the Occupation Dateperson may be cause; 7.1.2.3 The Seller 7.5 shall not be liable to attend to any other or further remedial work after completion of the necessary work detailed in the snag list. 7.1.2.4 The Purchaser shall only take occupation of the Unit after completion of the remedial work by the Sellernot, unless the Parties agree in writing that the Purchaser may take occupation prior to completion of the remedial work and then only subject to the conditions that the Seller in his sole discretion may impose. 7.1.2.5 The Purchaser shall within 3 (three) days of notification by the Seller that the remedial work is completed, provide the Seller with all documentation required to release any retention on any loan amount granted in terms of clause 6 of the Schedule of Particulars in respect of the Unit and shall confirm in writing that the Purchaser is satisfied with the Unit in all respects. 7.1.2.6 In the event that the snag list remedial work as referred to in clause 7.1.2 has not been completed 100% by registration, save for minor outstanding remedial work which does not prevent the Purchaser from occupying, enjoying and using the Unit, shall the Seller not be liable for any occupational interest to the Purchaser. 7.1.3 The Seller shall be relieved of its obligations in terms of this sub clause if the Purchaser fails to attend the inspection and fails to notify the Seller during the aforesaid inspection respectively of any faults or defects or, as the case may be, of repair work required to the roof; 7.1.4 A certificate issued by the Scheme’s Architect (acting as an expert and not as an arbitrator) stating that any defect for which the Seller is liable in terms of this clause has been made good, shall be final and binding on the parties and shall relieve the Seller from any further obligations whatever in respect of any such defect. In the event of a dispute arising in regard to the nature of an alleged defect/snag a certificate by the architect (acting as an expert and not as an arbitrator) shall be final and binding on the parties. 7.2 The Seller undertakes to cede all warranties in respect of the building, more specifically, the roof of the building to the Body Corporate. 7.3 Prior to the Date of Registration of Transfer the Purchaser shall not be entitled to make any alterations of additions to the Unit without the prior written consent of the Seller; 7.4 From SELLER, make or cause or allow to be made any improvements to the Occupation Date section or remove or demolish any improvements whatsoever. The PURCHASER shall not, except insofar as his rights are preserved in terms of the Purchaser shall be obliged Section 28 of the Act, have any claim against the SELLER in respect of any expenditure upon or improvements to maintain the Unit in a fit and proper conditionsection, whether made with or without the SELLER's consent, and notwithstanding the preservation of such rights, hereby waives his lien (if any) in respect of such improvements. All improvements to keep it neatly and properly painted and glazed. The Purchaser shall further be obliged to maintain and from time to time replace, as may be necessary, all the interior fittings, electrical and service installations section made by or at the instance of expense of the Unit, and PURCHASER shall be obliged to keep the walls, floors and ceilings of the Unit in proper repair, and generally to undertake all such maintenance and repairs not envisaged in clause 7.1.2; 7.5 The Purchaser shall not be entitled to divide the Unit for the purpose of selling, donating or in any other manner alienating or disposing of the Purchaser’s rights of occupancy or any portion thereof to any other person; 7.6 The Purchaser shall not sell or rent the Unit or in any manner alienate his rights accede to the Unit as conferred upon him by this agreement, except with section and belong to the prior written consent of the Seller and only once: 7.6.1 The Purchaser has furnished the Seller with the documentation in 7.1SELLER.

CONDITIONS OF OCCUPATION. 7.1 From the Occupation Date, the Purchaser shall, until the Date of Registration of Transfer: 7.1.1 comply with the provision of the Act, STSMA 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; 7.1.2 on the Inspection Date a representative of the Seller and the Purchaser shall inspect the Unit and the Purchaser shall point out to the Seller’s representative any keys, locks, windows, fixture, wash-basins, toilets or any other installations contained in or which should be contained in the Unit which are defective or missing or not in conformity with the requirements of the Agreementrelevant plans, which defective, missing or broken items shall be recorded in a schedule with full particulars which shall be signed by the Purchaser and the Seller’s representative (hereinafter referred to as the “snag list”). 7.1.2.1 Save for the items recorded in the snag list, the Purchaser shall be deemed to have acknowledged that neither the Unit nor any other keys, locks, windows, fixtures, fittings, wash-basins, toilets, other installations or the roof are defective or missing or not in conformity with what has been agreed by the Parties and that the Unit has been delivered to the Purchaser complete in all respects and suitable in all respects for the purposes for which it is sold, provided that same shall not preclude a claim against the builder in accordance with the Housing Consumers Protection Measures Act, No. 95 of 1998. 7.1.2.2 The Seller shall furnish a copy of the snag list to the Building Contractor building contractor who shall liaise with the Purchaser and who shall attend to all items on the snag list prior to the Occupation Date, to the reasonable satisfaction of the Purchaser; 7.1.2.3 The Seller shall not be liable to attend to any other or further remedial work after completion of the necessary work detailed in the snag listlist in accordance with clause 7.1.2.2 above. 7.1.2.4 The Purchaser shall only be entitled to take occupation of the Unit after completion of the remedial work by the Seller, unless the Parties agree in writing that the Purchaser may take occupation prior to completion of the remedial work and then only subject to the conditions that the Seller in his sole discretion may impose. 7.1.2.5 The Purchaser shall within 3 (three) days of notification by the Seller that the remedial work is completedcompleted in accordance with clause 7.1.2.2 above, provide the Seller with all documentation required to satisfy any condition or release any retention on any of the loan amount granted in terms of clause 6 paragraph 5 of the Schedule of Particulars Particulars, in respect of the Unit Unit, and shall confirm in writing that the Purchaser is satisfied with the Unit in all respects. 7.1.2.6 In 7.1.3 Subject to clause 5.7, the event that the snag list remedial work as referred to in clause 7.1.2 has not been completed 100% by registration, save for minor outstanding remedial work which does not prevent the Purchaser from occupying, enjoying and using the Unit, shall the Seller not be liable for any occupational interest to the Purchaser. 7.1.3 The Seller shall be relieved of its obligations in terms of this sub clause if the Purchaser fails to attend the inspection and fails to notify the Seller during the aforesaid inspection respectively of any faults or defects or, as the case may be, of repair work required to required, provided that same shall not preclude a claim against the roof;builder in accordance with the Housing Consumers Protection Measures Act, No. 95 of 1998. 7.1.4 A certificate issued by the Scheme’s Architect (acting as an expert and not as an arbitrator) stating that any defect for which the Seller is liable in terms of this clause has been made good, shall be final and binding on the parties and shall relieve the Seller from any further obligations whatever in respect of any such defect. In the event of a dispute arising in regard to the nature of an alleged defect/snag snag, a certificate by the architect Scheme’s Architect (acting as an expert and not as an arbitrator) shall be final and binding on the parties. 7.2 The To the extent required, the Seller undertakes to cede all warranties in respect of the building, more specifically, the structure and roof of the building buildings to the Body Corporate. 7.3 Prior to the Transfer Date of Registration of Transfer the Purchaser shall not be entitled to make any alterations of additions to the Unit without the prior written consent of the Seller; 7.4 From the Occupation Date the Purchaser shall be obliged to maintain the Unit in a fit and proper condition, and to keep it neatly and properly painted and glazed. The Purchaser shall further be obliged to maintain and from time to time replace, as may be necessary, all the interior fittings, electrical and service installations of the Unit, and shall be obliged to keep the walls, floors and ceilings of the Unit in proper repair, and generally to undertake all such maintenance and repairs not envisaged in clause 7.1.2; 7.5 The Purchaser shall not be entitled to divide until the Unit for the purpose of sellingTransfer Date, donating or in any other manner alienating or disposing of the Purchaser’s rights of occupancy or any portion thereof to any other person; 7.6 The Purchaser shall not sell or rent the Unit or in any manner alienate his rights to the Unit as conferred upon him by this agreement, except with the prior written consent of the Seller and only once: 7.6.1 7.5.1 The Purchaser has furnished the Seller with the documentation in 7.1.

CONDITIONS OF OCCUPATION. 7.1 8.1 From the Occupation Dateoccupation date, the Purchaser shall, until the Date date of Registration registration of Transfer: 7.1.1 transfer comply with the provision provisions of the Act, STSMA Act and of the rules which will be applicable to the Scheme 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; 7.1.2 on the Inspection Date a representative of the Seller and the Purchaser shall inspect the Unit and the Purchaser shall point out to the Seller’s representative any keys, locks, windows, fixture, wash-basins, toilets or any other installations contained in or which should be contained in the Unit which are defective or missing or not in conformity with the requirements of the Agreement, which defective, missing or broken items shall be recorded in a schedule with full particulars which shall be signed by the Purchaser and the Seller’s representative (hereinafter referred to as the “snag list”). 7.1.2.1 Save for the items recorded in the snag list, the Purchaser shall be deemed to have acknowledged that neither the Unit nor any other keys, locks, windows, fixtures, fittings, wash-basins, toilets, other installations or the roof are defective or missing or not in conformity with what has been agreed by the Parties and that the Unit has been delivered to the Purchaser complete in all respects and suitable in all respects for the purposes for which it is sold. 7.1.2.2 8.2 The Seller shall furnish a copy of the snag list to the Building Contractor who shall liaise with the Purchaser and who shall attend to all items prior to the Occupation Date; 7.1.2.3 The Seller shall not be liable to attend to any other or further remedial work after completion of the necessary work detailed in the snag list. 7.1.2.4 The Purchaser shall only take occupation of the Unit after completion of the remedial work by the Seller, unless the Parties agree in writing that the Purchaser may take occupation prior to completion of the remedial work and then only subject to the conditions that the Seller in his sole discretion may impose. 7.1.2.5 The Purchaser shall within 3 (three) days of notification by the Seller that the remedial work is completed, provide the Seller with all documentation required to release any retention on any loan amount granted in terms of clause 6 of the Schedule of Particulars in respect of the Unit and shall confirm in writing that the Purchaser is satisfied with the Unit in all respects. 7.1.2.6 In the event that the snag list remedial work as referred to in clause 7.1.2 has not been completed 100% by registration, save for minor outstanding remedial work which does not prevent the Purchaser from occupying, enjoying and using the Unit, shall the Seller not be liable for any occupational interest to the Purchaser. 7.1.3 The Seller shall be relieved of its obligations in terms of this sub clause if the Purchaser fails to attend the inspection and fails to notify the Seller during the aforesaid inspection respectively of any faults or defects or, as the case may be, of repair work required to the roof; 7.1.4 A certificate issued by the Scheme’s Architect (acting as an expert and not as an arbitrator) stating that any defect for which the Seller is liable in terms of this clause has been made good, shall be final and binding on the parties and shall relieve the Seller from any further obligations whatever in respect of any such defect. In the event of a dispute arising in regard to the nature of an alleged defect/snag a certificate by the architect (acting as an expert and not as an arbitrator) shall be final and binding on the parties. 7.2 The Seller undertakes to cede all warranties in respect of the building, more specifically, the roof of the building to the Body Corporate. 7.3 Prior to the Date of Registration of Transfer the Purchaser purchaser shall not be entitled to make any alterations of additions to the Unit unit prior to transfer without the prior written consent of the Seller, which consent shall not be unreasonably withheld; 7.4 From the Occupation Date the Purchaser 8.3 The purchaser shall be obliged to maintain the Unit unit in a fit and proper condition, and to keep it neatly and properly painted and glazed. The Purchaser purchaser shall further be obliged to maintain and from time to time replace, as may be necessary, all the interior fittings, electrical and service installations of the Unitunit, and shall be obliged to keep the walls, floors and ceilings of the Unit unit in proper repair, and generally to undertake all such maintenance and repairs not envisaged in clause 7.1.223; 7.5 8.4 The Purchaser purchaser shall not be entitled to divide the Unit unit for the purpose of selling, donating or in any other manner alienating or disposing of the Purchaserpurchaser’s rights of occupancy or any portion thereof to any other person; 7.6 8.5 The purchaser shall be entitled, from date of occupation, to let the unit to a third party. The purchaser: 8.5.1 Undertakes to include in any lease agreement entered into between the purchaser and his/her/its tenant/occupier, a clause stipulating that such tenant/occupier will be bound by the rules of the body corporate; 8.5.2 undertakes that he/she/it, his/her/its tenant and/or occupier will duly comply with all the rules; 8.5.3 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 tenants or occupier’s failure to comply with the rules; 8.5.4 xxxxxx agrees to accept liability and consents to be liable, for the purposes of this clause 8, 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 including the legal costs of evicting the tenant/occupier. 8.6 The purchaser shall, from the occupation date until date of transfer and irrespective of whether or not the purchaser takes physical occupation of the unit, be liable for the interim levy raised, if applicable, in respect of rates, refuse and sewer charges for the proposed unit and for the purchaser’s undivided share in the common property. In addition, the purchaser shall be liable from date of occupation for all water and electricity consumed in respect of the unit as well as the purchaser’s proportionate share of the water and electricity consumed in the ordinary course for the proposed common property area. 8.7 The purchaser shall not sell use the unit or rent the Unit common property in such manner as to cause any damage there or to the other units in the building, nor shall he/she/it store or permit the storage therein of any inflammable material which may vitiate any policy of insurance in respect of the building or which is likely to have the effect of increasing the premium payable in terms of any such insurance policy. 8.8 The seller either personally, or through its employees or agents shall be entitled at all reasonable times to have access to the unit for the purpose of inspecting same or to carry out any maintenance or repairs which the seller may in terms hereof be obliged or entitled to perform, whether such repairs relate to the unit or not, and the purchaser shall have no claim against the seller for any disturbance in his/her/its occupation arising out of the exercise by the seller of the rights hereby conferred. 8.9 the purchaser may use and enjoy the common property but shall do so in such manner so as not to interfere with the use and enjoyment thereof by other unit holders or other persons lawfully upon the property. The purchaser shall ensure that his/her/its tenants, invitees and employees comply with the provision of this clause; 8.10 the purchaser shall not use his/her/its unit or permit same to be used in such manner or for such purpose as shall cause a nuisance to any occupier of a unit or the common property or interfere with the amenities of the property or so as to breach any law, ordinance or by-law or any town planning scheme in force or to come into force in relation to the land; 8.11 The seller hereby undertakes, pending the establishment of a Body Corporate – 8.11.1 to keep the building insured for replacement value against fire and all other risks against which the seller may deem it prudent to insure, and to pay the premiums falling due thereon from time to time. 8.11.2 to maintain the property and to keep it in a state of good and serviceable repair, including any structural repairs to the improvements erected there on; 8.11.3 to keep in a state of good and serviceable repair and maintain the plant, machinery, fixtures and fittings used in connection with the common property; 8.11.4 to maintain and repair all pipes, wires, cables and ducts existing on the land or in any manner alienate his rights the buildings and capable of being used only in connection with the enjoyment of more than one unit or of the common property, provided however that notwithstanding anything to the Unit as conferred upon him by contrary herein contained, the seller shall be entitled to effect any repairs to the buildings (including the unit) and/or the land even though the seller is not obliged to effect such repairs in terms of this agreement, except with ; 8.12 Notwithstanding anything to the prior written consent contrary contained in this agreement and pending the establishment of the Seller and only once: 7.6.1 The Purchaser has furnished Body Corporate as aforesaid it is hereby agreed that in the Seller with event of the documentation seller being unable to effect transfer by reason of either destruction of the building or expropriation of the land or for any other reason whatsoever save for such reason as may be attributed to the fault of the seller, or in 7.1the event of destruction of the unit to the extent that the purchaser is deprived or likely to be deprived of beneficial occupation thereof for a period of 12 months or longer, either party shall thereupon be entitled to resile from the agreement.

CONDITIONS OF OCCUPATION. 7.1 From the Occupation Date, the Purchaser shall, until the Date of Registration of Transfer: 7.1.1 : comply with the provision of the Act, STSMA 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; 7.1.2 ; on the Inspection Date a representative of the Seller and the Purchaser shall inspect the Unit and the Purchaser shall point out to the Seller’s representative any keys, locks, windows, fixture, wash-basins, toilets or any other installations contained in or which should be contained in the Unit which are defective or missing or not in conformity with the requirements of the Agreement, which defective, missing or broken items shall be recorded in a schedule with full particulars which shall be signed by the Purchaser and the Seller’s representative (hereinafter referred to as the “snag list”). 7.1.2.1 . Save for the items recorded in the snag list, the Purchaser shall be deemed to have acknowledged that neither the Unit nor any other keys, locks, windows, fixtures, fittings, wash-basins, toilets, other installations or the roof are defective or missing or not in conformity with what has been agreed by the Parties and that the Unit has been delivered to the Purchaser complete in all respects and suitable in all respects for the purposes for which it is sold. 7.1.2.2 . The Seller shall furnish a copy of the snag list to the Building Contractor who shall liaise with the Purchaser and who shall attend to all items prior to the Occupation Date; 7.1.2.3 ; The Seller shall not be liable to attend to any other or further remedial work after completion of the necessary work detailed in the snag list. 7.1.2.4 . The Purchaser shall only take occupation of the Unit after completion of the remedial work by the Seller, unless the Parties agree in writing that the Purchaser may take occupation prior to completion of the remedial work and then only subject to the conditions that the Seller in his sole discretion may impose. 7.1.2.5 . The Purchaser shall within 3 (three) days of notification by the Seller that the remedial work is completed, provide the Seller with all documentation required to release any retention on any loan amount granted in terms of clause 6 of the Schedule of Particulars in respect of the Unit and shall confirm in writing that the Purchaser is satisfied with the Unit in all respects. 7.1.2.6 . In the event that the snag list remedial work as referred to in clause 7.1.2 has not been completed 100% by registration, save for minor outstanding remedial work which does not prevent the Purchaser from occupying, enjoying and using the Unit, shall the Seller not be liable for any occupational interest to the Purchaser. 7.1.3 . The Seller shall be relieved of its obligations in terms of this sub clause if the Purchaser fails to attend the inspection and fails to notify the Seller during the aforesaid inspection respectively of any faults or defects or, as the case may be, of repair work required to the roof; 7.1.4 ; A certificate issued by the Scheme’s Architect (acting as an expert and not as an arbitrator) stating that any defect for which the Seller is liable in terms of this clause has been made good, shall be final and binding on the parties and shall relieve the Seller from any further obligations whatever in respect of any such defect. In the event of a dispute arising in regard to the nature of an alleged defect/snag a certificate by the architect (acting as an expert and not as an arbitrator) shall be final and binding on the parties. 7.2 . The Seller undertakes to cede all warranties in respect of the building, more specifically, the roof of the building to the Body Corporate. 7.3 . Prior to the Date of Registration of Transfer the Purchaser shall not be entitled to make any alterations of additions to the Unit without the prior written consent of the Seller; 7.4 ; From the Occupation Date the Purchaser shall be obliged to maintain the Unit in a fit and proper condition, and to keep it neatly and properly painted and glazed. The Purchaser shall further be obliged to maintain and from time to time replace, as may be necessary, all the interior fittings, electrical and service installations of the Unit, and shall be obliged to keep the walls, floors and ceilings of the Unit in proper repair, and generally to undertake all such maintenance and repairs not envisaged in clause 7.1.2; 7.5 ; The Purchaser shall not be entitled to divide the Unit for the purpose of selling, donating or in any other manner alienating or disposing of the Purchaser’s rights of occupancy or any portion thereof to any other person; 7.6 ; The Purchaser shall not sell or rent the Unit or in any manner alienate his rights to the Unit as conferred upon him by this agreement, except with the prior written consent of the Seller and only once: 7.6.1 : The Purchaser has furnished the Seller with the documentation in 7.17.1.2.5 confirming that all the remedial work has been completed to the satisfaction of the Purchaser; 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; The Purchaser has furnished the Seller or the Managing Agent with a copy of the lease agreement entered into between the Purchaser and his/her/its tenant /occupier, which agreement must include a clause stipulating that such tenant/occupier will be bound by the rules; The Purchaser hereby undertakes and guarantees that he/she/it, his/her/its tenant and/or occupier will duly comply with all the rules; 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 tenants or occupier’s failure to comply with the rules; The Purchaser hereby agrees to accept liability and consents to be liable, for the purposes of this clause 7, 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 including the legal costs of evicting the tenant/occupier. The Purchaser shall be liable for all refuse, sewer, water and electricity consumed, in respect of the Unit from the Occupation Date, provided however that if it is found not to be desirable in the discretion of the Seller to arrange separate metering of the Unit, then such items will be calculated in accordance with the anticipated participation quota on the draft sectional title plans. The Purchaser shall not use the Unit or the common property in such manner as to cause any damage there or to the other units in the building, nor shall he/she/it store or permit the storage therein of any inflammable material which may vitiate any policy of insurance in respect of the building or which is likely to have the effect of increasing the premium payable in terms of any such insurance policy. The Seller either personally, or through its employees or agents shall be entitled at all reasonable times to have access to the Unit for the purpose of inspecting same or to carry out any maintenance or repairs which the Seller may in terms hereof be obliged or entitled to perform, whether such repairs relate to the Unit or not, and the Purchaser shall have no claim against the Seller for any disturbance in his/her/its occupation arising out of the exercise by the Seller of the rights hereby conferred. The Purchaser may use and enjoy the common property but shall do so in such manner so as not to interfere with the use and enjoyment thereof by other Unit holders or other persons lawfully upon the property. The Purchaser shall ensure that his/her/its tenants, invitees and employees comply with the provision of this clause; the Purchaser shall not use his/her/its Unit or permit same to be used in such manner or for such purpose as shall cause a nuisance to any occupier of a Unit or the common property or interfere with the amenities of the property or so as to breach any law, ordinance or by-law or any town planning scheme in force or to come into force in relation to the land; The Seller hereby undertakes, pending the establishment of a Body Corporate – to keep the building insured for replacement value against fire and all other risks against which the Seller may deem it prudent to insure, and to pay the premiums falling due thereon from time to time. to maintain the property and to keep it in a state of good and serviceable repair, including any structural repairs to the improvements erected there on; to keep in a state of good and serviceable repair and maintain the plant, machinery, fixtures and fittings used in connection with the common property; to maintain and repair all pipes, wires, cables and ducts existing on the land or in the buildings and capable of being used only in connection with the enjoyment of more than one Unit or of the common property, provided however that notwithstanding anything to the contrary herein contained, the Seller shall be entitled to effect any repairs to the buildings (including the Unit) and/or the land even though the Seller is not obliged to effect such repairs in terms of this agreement; Notwithstanding anything to the contrary contained in this agreement and pending the establishment of the Body Corporate as aforesaid it is hereby agreed that in the event of the Seller being unable to effect transfer by reason of either destruction of the building or expropriation of the land or for any other reason whatsoever save for such reason as may be attributed to the fault of the Seller, or in the event of destruction of the Unit to the extent that the Purchaser is deprived or likely to be deprived of Beneficial Occupation thereof for a period of 8 months or longer, either party shall thereupon be entitled to resile from the agreement.