Common use of Defects Clause in Contracts

Defects. 6.1 The CONTRACTOR shall only be liable to repair Defects in the Works caused by the noncompliance with the NHBRC Technical Requirements as specified in section 13 of the Housing Consumer Protection Measures Act, 95 of 1998. 6.2 Although every care is taken to provide a home of the highest quality, the CONTRACTOR shall not be liable for damage or loss caused by misuse, negligence, abuse or accident or any risk insured against by the OWNER’s Home Owners Insurance Policy required by the Financial Institution in respect of the residential property nor does it cover any of the exclusions provided for in the regulations to the Housing Consumer Protection Measures Act 95 of 1998. 6.3 For purposes of this Agreement, the occurrence of any one of the following (and whichever event may occur first) shall constitute the handover date: 6.3.1 the date on which the CONTRACTOR offers to formally hand over the keys to the Works to the OWNER; or 6.3.2 the issue of a certificate signed by the Architect nominated by the CONTRACTOR, stating that the Works have been completed; or 6.3.3 the issue of an Occupation Certificate by the Local Authority; 6.4 The guarantee does not cover damage to floor covering caused after handover. 6.5 The OWNER shall be obliged, within the time limits prescribed in the Housing Consumer Protection Measures Act 95 of 1998, to notify the CONTRACTOR in writing of any Defects covered by the aforementioned Act and the CONTRACTOR shall only be liable to rectify the Defects if the OWNER has paid the full contract sum to the CONTRACTOR. 6.6 Notwithstanding anything previously provided, the CONTRACTOR shall under no circumstance be responsible for damage or loss caused by wear and tear, misuse, neglect, negligence, abuse, accident or in respect of any matter arising from or relating to a risk insured against in terms of Home Owner’s Insurance Policies normally issued by a South African Insurance Company in respect of residential properties. The CONTRACTOR shall furthermore under no circumstances be liable for any consequential loss or damages. 6.7 In the event of there being a dispute between the parties whether any item complained of by the OWNER constitutes a Defect covered by the Housing Consumer Protection Measures Act 95 of 1998 or any dispute relating to the repair of the Defect, such dispute will be determined by the ruling of the Architect, whose determination shall be final and binding on the Parties. 6.8 The OWNER must advise the CONTRACTOR in writing within ninety (90) days from the date of possession of any Defects referred in in this clause, which may have developed. Should the OWNER fail to do so, no further claim can be entertained save for the provisions of clause 6.1 above. 6.9 Save for the above no other guarantees or warranties of any nature are given.

Defects. 6.1 (a) The CONTRACTOR Partnership shall only provide Buyer with an updated Title Commitment and UCC Search not later than five (5) Business Days prior to the Closing. If the updated Title Commitment or UCC Search shows defects in title not shown by the Title Commitment, UCC Search, the Partnership Disclosure Letter or exhibits attached to this Agreement, or, if the Vessel and Fixtures thereon should become subject to a Lien or other financial Encumbrance, and the Partnership has received an itemized written notice of such defects within five (5) Business Days after the date of delivery of the updated Title Commitment or UCC Search to Buyer, the Partnership shall have thirty (30) days after receipt of such notice to cure any such defects in title, and the Closing Date shall, if necessary, be liable extended accordingly. Title defects will not be deemed to repair Defects include any Permitted Encumbrances. (b) Failure to notify the Partnership within the above specified periods of title defects revealed by the updated Title Commitment, UCC Search, the Partnership Disclosure Letter or other exhibits to this Agreement shall be deemed a waiver of Buyer’s right to disapprove of the status of the Partnership’s title, and Buyer shall then accept such title as is described in the Works caused by Title Commitment and UCC Search, as updated, without reserving any claim against the noncompliance with Partnership for title defects. (c) Neither Sellers nor the NHBRC Technical Requirements as specified in section 13 Partnership shall be under any obligation to remove title defects, and any failure or refusal of the Housing Consumer Protection Measures Act, 95 of 1998. 6.2 Although every care is taken Partnership to provide a home of the highest quality, the CONTRACTOR do so shall not be liable for damage a default of Sellers or loss caused by misusethe Partnership hereunder, negligence, abuse except that the Partnership shall be obligated to cure (i) monetary Liens or accident or any risk insured against Encumbrances (“Monetary Encumbrances”) that are not disclosed by the OWNER’s Home Owners Insurance Policy required Title Commitment, UCC Search, the Partnership Disclosure Letter or other exhibits to this Agreement (other than Taxes and assessments and the Encumbrances created or suffered by Buyer pursuant to such Taxes or assessments) which encumber the Property between the date of this Agreement and the Closing, in the manner provided below and (ii) title defects created by the Financial Institution Partnership in respect favor of the residential property nor does it cover any of the exclusions provided for in the regulations to the Housing Consumer Protection Measures Act 95 of 1998. 6.3 Partnership or its Affiliates. For purposes of this Agreementthe prior sentence, an Encumbrance is “liquidated” only if it is fixed either by agreement of Sellers or the Partnership and the party asserting the Encumbrance or by operation of Law. In order to cure any title defects other than a Monetary Encumbrance, the occurrence Partnership shall have the option to extend the Closing Date for a period of any one thirty (30) days, by giving written notice of such extension election to Buyer on or prior to the Closing Date. The Partnership may cure Monetary Encumbrances by either of the following methods: (i) payment and whichever event may occur firstrelease of such Monetary Encumbrance of record or (ii) shall constitute the handover date: 6.3.1 the date on posting a bond which the CONTRACTOR offers causes such Monetary Encumbrance to formally hand over the keys cease to the Works to the OWNER; or 6.3.2 the issue of be a certificate signed by the Architect nominated by the CONTRACTOR, stating that the Works have been completed; or 6.3.3 the issue of an Occupation Certificate by the Local Authority; 6.4 The guarantee does not cover damage to floor covering caused after handover. 6.5 The OWNER shall be obliged, within the time limits prescribed in the Housing Consumer Protection Measures Act 95 of 1998, to notify the CONTRACTOR in writing of any Defects covered by the aforementioned Act and the CONTRACTOR shall only be liable to rectify the Defects if the OWNER has paid the full contract sum to the CONTRACTOR. 6.6 Notwithstanding anything previously provided, the CONTRACTOR shall under no circumstance be responsible for damage or loss caused by wear and tear, misuse, neglect, negligence, abuse, accident or in respect of any matter arising from or relating to a risk insured against in terms of Home Owner’s Insurance Policies normally issued by a South African Insurance Company in respect of residential properties. The CONTRACTOR shall furthermore under no circumstances be liable for any consequential loss or damages. 6.7 In the event of there being a dispute between the parties whether any item complained of by the OWNER constitutes a Defect covered by the Housing Consumer Protection Measures Act 95 of 1998 or any dispute relating to the repair of the Defect, such dispute will be determined by the ruling of the Architect, whose determination shall be final and binding Lien on the PartiesProperty. 6.8 The OWNER must advise the CONTRACTOR in writing within ninety (90) days from the date of possession of any Defects referred in in this clause, which may have developed. Should the OWNER fail to do so, no further claim can be entertained save for the provisions of clause 6.1 above. 6.9 Save for the above no other guarantees or warranties of any nature are given.

Defects. 6.1 The CONTRACTOR shall only be liable to repair Defects in the Works caused by the noncompliance with the NHBRC Technical Requirements as specified in section 13 of the Housing Consumer Protection Measures Act, 95 of 1998. 6.2 Although every care is taken to provide a home of the highest quality, the CONTRACTOR shall not be liable for damage or loss caused by misuse, negligence, abuse or accident or any risk insured against by the OWNER’s Home Owners Insurance Policy required by the Financial Institution in respect of the residential property nor does it cover any of the exclusions provided for in the regulations to the Housing Consumer Protection Measures Act 95 of 1998. 6.3 For purposes of this Agreement, the occurrence of any one of the following (and whichever event may occur first) shall constitute the handover date: 6.3.1 the date on which the CONTRACTOR offers to formally hand over of the keys to the Works to the OWNER; or 6.3.2 the issue of a certificate signed by the Architect nominated by the CONTRACTOR, stating that the Works have been completed; or 6.3.3 the issue of an Occupation Certificate by the Local Authority; 6.4 The guarantee does not cover damage to floor covering caused after handover. 6.5 The OWNER shall be obliged, within the time limits prescribed in the Housing Consumer Protection Measures Act 95 of 1998, to notify the CONTRACTOR in writing of any Defects covered by the aforementioned Act and the CONTRACTOR shall only be liable to rectify the Defects if the OWNER has paid the full contract sum to the CONTRACTOR. 6.6 Notwithstanding anything previously provided, the CONTRACTOR shall under no circumstance be responsible for damage or loss caused by wear and tear, misuse, neglect, negligence, abuse, accident or in respect of any matter arising from or relating to a risk insured against in terms of Home Owner’s Insurance Policies normally issued by a South African Insurance Company in respect of residential properties. The CONTRACTOR shall furthermore under no circumstances be liable for any consequential loss or damages. 6.7 In the event of there being a dispute between the parties whether any item complained of by the OWNER constitutes a Defect covered by the Housing Consumer Protection Measures Act 95 of 1998 or any dispute relating to the repair of the Defect, such dispute will be determined by the ruling of the Architect, whose determination shall be final and binding on the Parties. 6.8 The OWNER must advise the CONTRACTOR in writing within ninety (90) days from the date of possession of any Defects referred in in this clause, which may have developed. Should the OWNER fail to do so, no further claim can be entertained save for the provisions of clause 6.1 above. 6.9 Save for the above no other guarantees or warranties of any nature are given.

Defects. 6.1 The CONTRACTOR shall only be liable lessor transfers the rented object(s) to repair Defects the lessee in roadworthy and working order. The lessee‘s rights require that the lessee has met its inspection and complaint obligations. If there is a defect in the Works caused rented object(s), which the lessor is responsible for and which the lessee could not have discovered through thorough inspection of the rented object(s), the lessor is entitled, at its sole discretion, to remediate the defect or replace it. In the case of remediation of the defect, the lessor is required to bear all expenses necessary for the remediation, especially transport, road, labour and material costs, unless these are increased by the noncompliance with the NHBRC Technical Requirements as specified in section 13 of the Housing Consumer Protection Measures Act, 95 of 1998. 6.2 Although every care is rented object(s) being taken to provide a home place other than the place of delivery. If the highest qualitylessor is not willing or unable to perform remediation/replacement, particularly if remediation/replacement is delayed beyond appropriate deadlines for reasons, for which the lessor is responsible, or if the remediation/replacement otherwise fails, the CONTRACTOR shall not be liable for damage or loss caused by misuse, negligence, abuse or accident or any risk insured against by lessee is entitled to cancel the OWNER’s Home Owners Insurance Policy required by the Financial Institution contract in respect of the residential property nor does it cover any of the exclusions provided for in the regulations to the Housing Consumer Protection Measures Act 95 of 1998. 6.3 For purposes of this Agreement, the occurrence of any one of the following (and whichever event may occur first) shall constitute the handover date: 6.3.1 the date on which the CONTRACTOR offers to formally hand over the keys to the Works to the OWNER; or 6.3.2 the issue of a certificate signed by the Architect nominated by the CONTRACTOR, stating that the Works have been completed; or 6.3.3 the issue of an Occupation Certificate by the Local Authority; 6.4 The guarantee does not cover damage to floor covering caused after handover. 6.5 The OWNER shall be obliged, within the time limits prescribed in the Housing Consumer Protection Measures Act 95 of 1998, to notify the CONTRACTOR in writing of any Defects covered by the aforementioned Act and the CONTRACTOR shall only be liable to rectify the Defects if the OWNER has paid the full contract sum to the CONTRACTOR. 6.6 Notwithstanding anything previously provided, the CONTRACTOR shall under no circumstance be responsible for damage or loss caused by wear and tear, misuse, neglect, negligence, abuse, accident or in respect of any matter arising from or relating to a risk insured against in terms of Home Owner’s Insurance Policies normally issued by a South African Insurance Company in respect of residential properties. The CONTRACTOR shall furthermore under no circumstances be liable for any consequential loss or damages. 6.7 In the event of there being a dispute between seriousdefect. Unless otherwise expressly provided in these general rental conditions, the parties whether any item complained lessee may not make further claims against the lessor, regardless of by the OWNER constitutes a Defect covered by the Housing Consumer Protection Measures Act 95 of 1998 or any dispute relating legal reasons. The lessor shall therefore not be liable, for example, for damage that has not occurred to the repair rented object(s) itself, and the lessee cannot claim damages or a proportionate reduction against the lessor. The lessor‘s defect liability, irrespective of the Defect, such dispute will be determined by the ruling nature of the Architectdefect, whose determination shall be final ceases 1 month after the risk of the rented object(s) has transferred to the lessee. If and binding on to the Parties. 6.8 The OWNER extent that the lessee discovers a defect in the rented object(s), irrespective of the nature of the defect, the lessee must advise give written, specified and substantiated notice of defects to the CONTRACTOR in writing lessor within ninety (90) 14 days from receipt of the date checkout report or from the time of possession delivery of the rented object(s) if this is before the receipt of the checkout report. Non-compliance with the period within which notice must be given of any Defects referred defects will result in in this clause, which may have developed. Should the OWNER fail to do so, no further claim can be entertained save lapse of all the lessee’s remedies for the provisions of clause 6.1 abovebreach. 6.9 Save for the above no other guarantees or warranties of any nature are given.

Defects. 6.1 10.1. The CONTRACTOR Architects shall only be liable inspect the Property prior to repair Defects the Occupation Date in the Works caused by the noncompliance with the NHBRC Technical Requirements order to identify any "defect" or "failure" as specified defined in section 13 Section 53(1) of the Housing Consumer Protection Measures ActCPA which defects or failure the Seller shall remedy prior to the Occupation Date to ensure that on the Occupation Date, 95 the Property shall be free from any "defect" or "failure" according to the Seller’s determination, and as contemplated in Section 53(1) of 1998the CPA. 6.2 Although every care is taken to provide a home 10.2. The Purchaser shall, within 90 (Ninety) days of the highest qualityOccupation Date, the CONTRACTOR shall not be liable for damage or loss caused by misuse, negligence, abuse or accident or any risk insured against by the OWNER’s Home Owners Insurance Policy required by the Financial Institution in respect of the residential property nor does it cover any of the exclusions provided for in the regulations deliver to the Housing Consumer Protection Measures Act 95 of 1998. 6.3 For purposes of this AgreementSeller a list, the occurrence of any one of the following (and whichever event may occur first) shall constitute the handover date: 6.3.1 the date on which the CONTRACTOR offers to formally hand over the keys to the Works to the OWNER; or 6.3.2 the issue of a certificate signed by the Architect nominated by Purchaser, enumerating any defects in the CONTRACTORSection where same are due to defective materials or workmanship, stating and the Seller shall procure that such defects are made good as expeditiously as possible in the Works circumstances. Once such defects have been completed; or 6.3.3 the issue of an Occupation Certificate by the Local Authority; 6.4 The guarantee does not cover damage to floor covering caused after handover. 6.5 The OWNER shall be obliged, within the time limits prescribed in the Housing Consumer Protection Measures Act 95 of 1998, to notify the CONTRACTOR in writing of any Defects covered by the aforementioned Act and the CONTRACTOR shall only be liable to rectify the Defects if the OWNER has paid the full contract sum made good to the CONTRACTOR. 6.6 Notwithstanding anything previously provided, the CONTRACTOR shall under no circumstance be responsible for damage or loss caused by wear and tear, misuse, neglect, negligence, abuse, accident or in respect of any matter arising from or relating to a risk insured against in terms of Home Owner’s Insurance Policies normally issued by a South African Insurance Company in respect of residential properties. The CONTRACTOR shall furthermore under no circumstances be liable for any consequential loss or damages. 6.7 In the event of there being a dispute between the parties whether any item complained of by the OWNER constitutes a Defect covered by the Housing Consumer Protection Measures Act 95 of 1998 or any dispute relating to the repair satisfaction of the DefectArchitects, such dispute will be determined by the ruling of the Architectacting as an expert and not an arbitrator, and whose determination decision shall be final and binding on the Parties. 6.8 The OWNER must advise , the CONTRACTOR in writing within ninety (90) days from Purchaser shall have no further claim against the date of possession of any Defects referred in in this clauseSeller, which may have developedsave as otherwise provided herein. Should the OWNER Purchaser fail to do sodeliver the aforesaid list to the Seller within the aforesaid 90 (Ninety) day period, then in that event, the Purchaser shall be deemed to have inspected the Section and not found any defects therein. 10.3. The Seller shall cause reasonable repairs to the Defects on the Defects List to be remedied within 90 (Ninety) days after receipt of the Defects List. Once the Defects have been remedied, the Architects will issue the Final Completion Certificate, which shall be final and binding on the parties and no further claim can liability shall attach to the Seller in respect of such Defects. 10.4. The Purchaser shall allow all persons authorised or employed by the Seller access to the Property for the purposes of inspection and effecting the repairs. If the Purchaser fails or refuses to give such access, despite reasonable notice being given by the Seller, then the Purchaser shall be entertained save deemed to have accepted that the Property is free of Defects. 10.5. For a period of 12 (Twelve) months from the Final Completion Date, the Seller shall expeditiously remedy any major latent defects which appear in the Property, provided that the Purchaser notifies the Seller in writing of such latent defects within the said 12-month period. In respect of major structural defects, as stipulated in the Housing Consumers Protection Measures Act 95 of 1998 (“HCMPA”), the Purchaser shall be entitled to require the Seller to remedy such major structural defects within a period of 5 (Five) years after the Occupation Date, as defined in the HCMPA; 10.6. From the Final Completion Date, for a period of 12 (Twelve) months, the Seller shall remedy any leaks in the roof of the buildings in the Scheme, provided the Purchaser notifies the Seller in writing of such leaks in terms of the rules and regulations of the National Home Builders Registration Council (“NHBRC”); 10.7. Whether a defect is a defect falling within the provisions of clause 6.1 above10.5 and/or clause 10.6, and, if it is such a defect, whether the defect has been satisfactorily remedied, shall be finally determined by the Architects, whose certificate in this regard, save in the case of manifest error, shall be final and binding on the Parties. The Architects shall act as an expert and not an arbitrator when making his determination aforesaid. 6.9 Save 10.8. Subject to any law, the Seller's obligation in terms of this clause 10, shall: 10.8.1. only apply in respect of Defects, and defects in terms of clauses 10.1, 10.5 and 10.6 arising as a result of faulty workmanship and/or materials and/or design used in the construction of the Property and for the above no other guarantees defects or warranties roof or water leaks howsoever arising; 10.8.2. not apply in respect of or arising in any nature are given.way from any alterations to the Property effected at the instance of the Purchaser or the Body Corporate; and

Defects. 6.1 The CONTRACTOR If the Title Commitment (or any revision or update thereof) or Survey (or any replacement, revision or update thereof obtained by Purchaser) discloses exceptions to title which are objectionable to Purchaser other than any documents evidencing the Mortgage Loan to be assumed by Purchaser as provided in Section 4.6 hereof (a “Defect”), Purchaser shall only be liable so notify Seller prior to repair Defects the expiration of the Title Objections Deadline (as such term is defined in the Works caused by the noncompliance with the NHBRC Technical Requirements as specified in section 13 of the Housing Consumer Protection Measures Act, 95 of 1998. 6.2 Although every care is taken to provide a home of the highest quality, the CONTRACTOR Master Transaction Agreement). Seller shall not be liable for damage or loss caused by misuse, negligence, abuse or accident or any risk insured against by the OWNER’s Home Owners Insurance Policy required by the Financial Institution in respect of the residential property nor does it cover any of the exclusions provided for in the regulations to the Housing Consumer Protection Measures Act 95 of 1998. 6.3 For purposes of this Agreement, the occurrence of any one of the following have fifteen (and whichever event may occur first15) shall constitute the handover date: 6.3.1 the date on which the CONTRACTOR offers to formally hand over the keys to the Works to the OWNER; or 6.3.2 the issue of a certificate signed by the Architect nominated by the CONTRACTOR, stating that the Works have been completed; or 6.3.3 the issue of an Occupation Certificate by the Local Authority; 6.4 The guarantee does not cover damage to floor covering caused after handover. 6.5 The OWNER shall be obliged, within the time limits prescribed in the Housing Consumer Protection Measures Act 95 of 1998, to notify the CONTRACTOR in writing of any Defects covered by the aforementioned Act and the CONTRACTOR shall only be liable to rectify the Defects if the OWNER has paid the full contract sum to the CONTRACTOR. 6.6 Notwithstanding anything previously provided, the CONTRACTOR shall under no circumstance be responsible for damage or loss caused by wear and tear, misuse, neglect, negligence, abuse, accident or in respect of any matter arising from or relating to a risk insured against in terms of Home Owner’s Insurance Policies normally issued by a South African Insurance Company in respect of residential properties. The CONTRACTOR shall furthermore under no circumstances be liable for any consequential loss or damages. 6.7 In the event of there being a dispute between the parties whether any item complained of by the OWNER constitutes a Defect covered by the Housing Consumer Protection Measures Act 95 of 1998 or any dispute relating to the repair of the Defect, such dispute will be determined by the ruling of the Architect, whose determination shall be final and binding on the Parties. 6.8 The OWNER must advise the CONTRACTOR in writing within ninety (90) calendar days from the date of possession such notice to have each Defect corrected to the satisfaction of Purchaser, and if such fifteen (15) calendar day period extends beyond Closing, then the date for Closing and the date for closing under each of the Other Contracts (as defined in Section 9.3.2 herein) shall be extended accordingly. If within the time specified, Seller fails to have each Defect deleted or corrected as aforesaid, Purchaser may, at its option, either (i) terminate this Agreement, in which event this Agreement, without further action of the parties, shall become null and void and neither party shall have any further rights or obligations under this Agreement except for those obligations which expressly survive termination of this Agreement, or (ii) elect to consummate the Closing and accept title to the MOB Property subject to all such exceptions to title (in which event, all such exceptions to title shall be deemed approved by Purchaser and shall be “Permitted Exceptions”). If Purchaser fails to make either such election, Purchaser shall be deemed to have elected option (ii). Notwithstanding the foregoing, Seller shall cure (by causing the same to be released at or prior to Closing) any Defects referred relating to (i) any liens created by or through Seller, and (ii) any judgments against Seller affecting the MOB Property; and failure to cure any such Defects shall constitute a default by Seller hereunder, and, notwithstanding any other provision of this Agreement, Purchaser shall have the right to apply all or part of the Purchase Price to payment in full of the Defects set forth in this clause, which may have developed. Should the OWNER fail to do so, no further claim can be entertained save for the provisions of clause 6.1 abovesentence. 6.9 Save for the above no other guarantees or warranties of any nature are given.

Defects. 6.1 The CONTRACTOR shall only be 5.1 Where goods are subject to a separate manufacturer's warranty, the Seller will pass on the benefit of that warranty to the Buyer where the Seller is able to do so. Unless expressly agreed otherwise in writing, all other representations and warranties in relation to the goods or services, whether express or implied, are excluded to the maximum extent permitted by law. 5.2 If the Seller is liable to repair Defects for any defect in the Works caused goods or services, its liability is limited, at the Sellers option, to either repairing or replacing the defective goods, re-performing the defective services; or refunding the price paid by the noncompliance with Seller for the NHBRC Technical Requirements as specified defective goods or services. 5.3 Any and all claims in section 13 respect of goods or services supplied or these Conditions of Sale must be notified in writing to the Seller within 7 days of supply of the Housing Consumer Protection Measures Actgoods or services. Any claims not made within this timeframe will be invalid and the Seller will have no liability whatsoever in respect of such claims. The Seller shall be given reasonable access to investigate any claim, 95 of 1998and may, at its discretion, remove the relevant goods to its premises. 6.2 Although every care is taken to provide a home of the highest quality, the CONTRACTOR 5.4 The Seller shall not be liable for damage or loss caused by misuseany defect arising from fair wear and tear, wilful damage, negligence, abuse extreme weather conditions, failure to follow the Seller's (or accident manufacturer's) recommended maintenance programme or other instructions for use, failure to use the Seller's (or manufacturer's) recommended flashings and pre-cladding trim preparation system, misuse, or any risk insured against alteration or repair of the goods not authorised by the OWNER’s Home Owners Insurance Policy required Seller, nor for any defect arising from a drawing, design or specification supplied by the Financial Institution in respect of the residential property nor does it cover any of the exclusions provided for in the regulations to the Housing Consumer Protection Measures Act 95 of 1998Buyer. 6.3 For purposes 5.5 Notwithstanding any other provision of this Agreement, the occurrence Seller's maximum aggregate liability arising out of any one or in connection with this Agreement, whether in contract, tort (including negligence) or otherwise, will not exceed the price paid by the Buyer for the goods or services the subject of the following (and whichever event may occur first) shall constitute the handover date: 6.3.1 the date on which the CONTRACTOR offers to formally hand over the keys to the Works to the OWNER; or 6.3.2 the issue of a certificate signed by the Architect nominated by the CONTRACTOR, stating that the Works have been completed; or 6.3.3 the issue of an Occupation Certificate by the Local Authority; 6.4 The guarantee does not cover damage to floor covering caused after handover. 6.5 The OWNER shall be obliged, within the time limits prescribed in the Housing Consumer Protection Measures Act 95 of 1998, to notify the CONTRACTOR in writing of any Defects covered by the aforementioned Act and the CONTRACTOR shall only be liable to rectify the Defects if the OWNER has paid the full contract sum to the CONTRACTOR. 6.6 Notwithstanding anything previously provided, the CONTRACTOR shall under no circumstance be responsible for damage or loss caused by wear and tear, misuse, neglect, negligence, abuse, accident or in respect of any matter arising from or relating to a risk insured against in terms of Home Owner’s Insurance Policies normally issued by a South African Insurance Company in respect of residential propertiesrelevant claim. The CONTRACTOR shall furthermore under no Seller will not in any circumstances be liable for any indirect or consequential loss, loss of profit, savings or goodwill or special or exemplary damages. 6.7 In the event of there being a dispute between the parties whether any item complained of by the OWNER constitutes a Defect covered by the Housing Consumer Protection Measures Act 95 of 1998 or any dispute relating to the repair of the Defect, such dispute will be determined by the ruling of the Architect, whose determination shall be final and binding on the Parties. 6.8 The OWNER must advise the CONTRACTOR in writing within ninety (90) days from the date of possession of any Defects referred in in this clause, which may have developed. Should the OWNER fail to do so, no further claim can be entertained save for the provisions of clause 6.1 above. 6.9 Save for the above no other guarantees or warranties of any nature are given.

Defects. 6.1 The CONTRACTOR shall only be liable to repair Defects in the Works caused by the noncompliance with the NHBRC Technical Requirements as specified in section 13 of the Housing Consumer Protection Measures Act, 95 of 1998. 6.2 Although every care is taken to provide a home of the highest quality, the CONTRACTOR shall not be liable for damage or loss caused by misuse, negligence, abuse or accident or any risk insured against by the OWNER’s Home Owners Insurance Policy required by the Financial Institution in respect of the residential property nor does it cover any of the exclusions provided for in the regulations to the Housing Consumer Protection Measures Act 95 of 1998. 6.3 For purposes of this Agreementaforesaid, the occurrence of any one of the following (and whichever event may occur first) shall constitute the handover date: 6.3.1 the date on which the CONTRACTOR offers to formally hand over of the keys to the Works to the OWNER; or 6.3.2 the issue of a certificate signed by the Architect nominated by the CONTRACTOR, CONTRACTOR stating that the Works have been completed; or 6.3.3 the issue of an Occupation Certificate by the Local Authority; 6.4 The guarantee does not cover damage to floor covering caused after handover. 6.5 The OWNER shall be obliged, within the time limits prescribed in the Housing Consumer Protection Measures Act 95 of 1998, to notify the CONTRACTOR in writing of any Defects covered by the aforementioned Act and the CONTRACTOR shall only be liable to rectify the Defects if the OWNER has paid the full contract sum to the CONTRACTOR. 6.6 Notwithstanding anything previously provided, the CONTRACTOR shall under no circumstance be responsible for damage or loss caused by wear and tear, misuse, neglect, negligence, abuse, accident or in respect of any matter arising from or relating to a risk insured against in terms of Home Owner’s Insurance Policies normally issued by a South African Insurance Company in respect of residential properties. The CONTRACTOR shall furthermore under no circumstances be liable for any consequential loss or damages. 6.7 In the event of there being a dispute between the parties whether any item complained of by the OWNER constitutes a Defect covered by the Housing Consumer Protection Measures Act 95 of 1998 or any dispute relating to the repair of the Defect, such dispute will be determined by the ruling of the Architect, whose determination shall be final and binding on the Parties. 6.8 The OWNER must advise the CONTRACTOR in writing within ninety (90) days from the date of possession of any Defects referred in in this clause, which may have developed. Should the OWNER fail to do so, no further claim can be entertained save for the provisions of clause 6.1 above. 6.9 Save for the above no other guarantees or warranties of any nature are given.

Defects. 6.1 The CONTRACTOR 10.1 Notwithstanding the issue of the Statement of Practical Completion and without prejudice to the remaining provisions of this clause 10, the Landlord shall only be remain liable to repair Defects the Tenant to make good any defects, shrinkages and other faults due to materials or workmanship not being in accordance with the Building Contract or frost occurring before Practical Completion (including any necessary re-plastering and/or redecoration) and in either case accepted by the Employer’s Agent as such and in either case occurring before the Practical Completion Date and any such defects as are subsequently in existence and of which the Tenant shall have given written notice to the Landlord prior to the expiration of the defects liability period under the Building Contract 10.2 The Landlord shall procure that the Employer’s Agent prepares a schedule (in conjunction with the Tenant) listing any defects shrinkages or other faults appearing in the Landlord’s Works caused or any part thereof (which the Landlord shall procure shall incorporate (to the extent not by then remedied or rectified) any defects shrinkages and other faults properly notified by the noncompliance with Tenant to the NHBRC Technical Requirements as specified in section 13 Landlord pursuant to clause 10.1 to the extent the Employer’s Agent reasonably considers it appropriate to include the same) and supplies a copy thereof to the Tenant not later than fifteen Working Days before the expiry of the Housing Consumer Protection Measures Act, 95 defects liability period under the Building Contract 10.3 Within five Working Days of 1998.receiving the schedule of defects referred to in clause 10.1 the Tenant shall notify the Employer’s Agent of any additional items which the Tenant considers should be included in the schedule of defects and the Landlord shall procure that the Employer’s Agent incorporates such additional items into the schedule of defects where in the Employer’s Agent's professional judgement it is appropriate for him to do so 6.2 Although every care is taken to provide a home 10.4 The Landlord shall procure that the Employer’s Agent gives the Tenant not less than five Working Days prior written notice of the highest quality, proposed date and time on which the CONTRACTOR shall not be liable for damage or loss caused by misuse, negligence, abuse or accident or any risk insured against by Employer’s Agent intends to make its final inspection of the OWNERLandlord’s Home Owners Insurance Policy required by Works prior to the Financial Institution issue of the schedule and certificate of making good defects in respect of the residential property nor does it cover any of relevant works and the exclusions provided for in Tenant and the regulations Tenant’s nominated representative shall be entitled to be present at such inspection and to make representations to the Housing Consumer Protection Measures Act 95 of 1998. 6.3 For purposes of this Agreement, Employer’s Agent and the occurrence of any one of the following (and whichever event may occur first) Landlord shall constitute the handover date: 6.3.1 the date on which the CONTRACTOR offers to formally hand over the keys to the Works to the OWNER; or 6.3.2 the issue of a certificate signed by the Architect nominated by the CONTRACTOR, stating procure that the Works Employer’s Agent shall consider and have been completed; ordue and proper regard to (but shall not be bound by) such representations 6.3.3 10.5 The Landlord shall procure that the issue Employer’s Agent in any event serves the schedule of an Occupation Certificate by defects on the Local Authority; 6.4 The guarantee does not cover damage to floor covering caused after handover. 6.5 The OWNER shall be obliged, Building Contractor within the time limits prescribed limit specified in the Housing Consumer Protection Measures Act 95 of 1998, Building Contract 10.6 The Landlord shall (subject to notify the CONTRACTOR Tenant allowing the Building Contractor sufficient access for the purpose) procure the making good promptly and in writing accordance with a programme agreed with the Tenant at no cost to the Tenant of any Defects covered defects set out in the schedule of defects referred to in clause 10.1 and any additional defects which are notified by the aforementioned Act Tenant and accepted by the Employer’s Agent in accordance with clause 10.2 and such works shall be carried out in a good and workmanlike manner using good quality materials effectively to remedy such defects and in accordance with all relevant statutory requirements and British Standards and Codes of Practice and to the satisfaction of the Employer’s Agent 10.7 The Tenant shall give reasonable access to the Landlord and the CONTRACTOR Building Contractor upon prior reasonable notice (save in the case of an emergency where no such notice shall only be liable to rectify required) for the Defects if purpose of making good such defects and the OWNER has paid Landlord shall procure that the full contract sum person or persons making good all such defects shall procure that as little disturbance or interference as reasonably practicable shall be caused to the CONTRACTOR. 6.6 Notwithstanding anything previously provided, the CONTRACTOR Tenant and shall under no circumstance be responsible for damage or loss caused by wear act in a reasonable manner and tear, misuse, neglect, negligence, abuse, accident or in respect of any matter arising from or relating to a risk insured against in terms of Home Owner’s Insurance Policies normally issued by a South African Insurance Company in respect of residential properties. The CONTRACTOR shall furthermore under no circumstances be liable for any consequential loss or damages. 6.7 In the event of there being a dispute between the parties whether any item complained of by the OWNER constitutes a Defect covered by the Housing Consumer Protection Measures Act 95 of 1998 or any dispute relating make good as soon as practicable to the repair reasonable satisfaction of the Defect, such dispute will be determined by Tenant all damage occasioned to the ruling Premises as a result of the Architect, whose determination shall be final and binding on the Parties. 6.8 The OWNER must advise the CONTRACTOR in writing within ninety (90) days from the date of possession of any Defects referred in in this clause, which may have developed. Should the OWNER fail to do so, no further claim can be entertained save for the provisions of clause 6.1 above. 6.9 Save for the above no other guarantees or warranties of any nature are given.their actions

Defects. 6.1 18.6.1 The CONTRACTOR shall only be liable Authority accepts, in relation to repair Defects the Dwellings and Properties, responsibility (including any financial and other consequences which result either directly or indirectly) for: a any Defect which is not revealed by the data contained in the Works caused by Stock Condition Survey as a reasonable and prudent Contractor would interpret such data in the noncompliance with the NHBRC Technical Requirements as specified in section 13 context of the Housing Consumer Protection Measures ActProject, 95 of 1998b any asbestos. 6.2 Although every care 18.6.2 Where pursuant to clause 18.6.1 the Authority is taken to provide a home responsible for any of the highest qualitymatters referred to then the following provisions shall apply: a the matter shall be deemed to be a Compensation Event for the purposes of this Agreement and any work which is required or instructed to be done in consequence of it shall be deemed to be an Authority Change, the CONTRACTOR shall not b no Unavailability Deductions or Performance Deductions may be liable for damage or loss caused by misuse, negligence, abuse or accident or any risk insured against by the OWNER’s Home Owners Insurance Policy required by the Financial Institution made in respect of the residential property nor does it cover relevant Dwelling or Property pursuant to Schedule 4 (Payment Mechanism) and any of the exclusions provided for in the regulations work or change to the Housing Consumer Protection Measures Act 95 Services required or instructed to be done in consequence of 1998. 6.3 For purposes of this Agreementit, the occurrence of any one of the following (and whichever event may occur first) shall constitute the handover date: 6.3.1 the date on which the CONTRACTOR offers to formally hand over the keys to the Works to the OWNER; or 6.3.2 the issue of a certificate signed by the Architect nominated by the CONTRACTOR, stating that the Works have been completed; or 6.3.3 the issue of an Occupation Certificate by the Local Authority; 6.4 The guarantee does not cover damage to floor covering caused after handover. 6.5 The OWNER shall be obligeddeemed to be an Authority Change, within and c where any such matter is asbestos the time limits prescribed in Authority shall further hold the Housing Consumer Protection Measures Act 95 of 1998, to notify Contractor harmless from cleaning up and otherwise dealing with such asbestos and shall indemnify the CONTRACTOR in writing of any Defects covered by the aforementioned Act and the CONTRACTOR shall only be liable to rectify the Defects if the OWNER has paid the full contract sum to the CONTRACTOR. 6.6 Notwithstanding anything previously provided, the CONTRACTOR shall under no circumstance be responsible for damage or loss caused by wear and tear, misuse, neglect, negligence, abuse, accident or Contractor in respect of all Direct Losses incurred by the Contractor resulting from such asbestos. 18.6.3 Subject to clause 18.2, for the avoidance of any matter arising doubt the Contractor accepts, in relation to the Dwellings and Properties, entire responsibility (including any financial and other consequences which result either directly or indirectly) for any Defect not covered by clause 18.6.1 18.6.4 Where a Dwelling shall contain Defects, the Authority may on notice in writing to the Contractor withdraw that Dwelling from or relating the Project and a Voluntary CNDT shall have been deemed to have occurred and clause 28.6 (Changes to Numbers of Dwellings by Tenure) shall apply as if the Dwelling had been subject to a risk insured against in terms of Home Owner’s Insurance Policies normally issued by a South African Insurance Company in respect of residential properties. The CONTRACTOR shall furthermore under no circumstances be liable for any consequential loss or damagesCNDT. 6.7 In 18.6.5 The Contractor and the event of there being a dispute between the parties whether any item complained of by the OWNER constitutes a Defect covered by the Housing Consumer Protection Measures Act 95 of 1998 or any dispute relating to the repair of the Defect, such dispute Authority will be determined by the ruling of the Architect, whose determination shall be final and binding on the Parties. 6.8 The OWNER must advise the CONTRACTOR in writing within ninety (90) days from the date of possession of any Defects referred in in this clause, which may have developed. Should the OWNER fail to do so, no further claim can be entertained save for comply with the provisions of clause 6.1 abovethe Asbestos Risk Share Protocol. 6.9 Save for the above no other guarantees or warranties of any nature are given.

Defects. 6.1 1. DarkPulse agrees that a) upon full payment for the goods and transfer of ownership pursuant to Section XII. below, [MultiNet] acquires unencumbered ownership of the purchased goods; and b) on the date of delivery, the goods sold conform to the quality agreed upon. The CONTRACTOR shall only be liable to repair Defects quality is determined by the specifications agreed upon by the parties in writing for such goods, or, in the Works caused absence of such an agreement, the specifications published in DarkPulse’s catalogues in effect on that date ("Quality''). 2. The specifications do not constitute any guarantee giving rise to claims exceeding the warranty provided for by law in case of defects. Any guarantees by DarkPulse must be in writing. 3. [MultiNet] shall inspect the noncompliance goods upon delivery and shall notify any non-conformity with the NHBRC Technical Requirements as specified Quality ("Defects") to DarkPulse within 10 days of delivery in section 13 writing. Otherwise, the claims of [MultiNet] due to Defects shall be excluded, unless the defect could not be discovered upon due inspection. 4. If any Defect was not recognizable upon first inspection, but later becomes apparent, written notice to DarkPulse must be made at the latest within 10 days after discovery. Otherwise, the respective claims of [MultiNet] due to Defect shall be excluded. 5. Notification of a Defect must be made in writing to DarkPulse including a sufficiently detailed description of the Housing Consumer Protection Measures Act, 95 of 1998Defect. 6.2 Although every care 6. Claims based on Defects are excluded insofar as there is taken to provide only a home of slight deviation from the highest quality, the CONTRACTOR shall not be liable for damage or loss caused by misuse, negligence, abuse or accident or any risk insured against by the OWNER’s Home Owners Insurance Policy required by the Financial Institution in respect of the residential property nor does it cover any of the exclusions provided for in the regulations to the Housing Consumer Protection Measures Act 95 of 1998. 6.3 For purposes of this Agreement, the occurrence of any one of the following (and whichever event may occur first) shall constitute the handover date: 6.3.1 the date on which the CONTRACTOR offers to formally hand over the keys to the Works to the OWNER; or 6.3.2 the issue of a certificate signed by the Architect nominated by the CONTRACTOR, stating that the Works have been completed; or 6.3.3 the issue of an Occupation Certificate by the Local Authority; 6.4 The guarantee does not cover damage to floor covering caused after handover. 6.5 The OWNER shall be obliged, within the time limits prescribed in the Housing Consumer Protection Measures Act 95 of 1998, to notify the CONTRACTOR in writing of any Defects covered by the aforementioned Act and the CONTRACTOR shall only be liable to rectify the Defects if the OWNER has paid the full contract sum to the CONTRACTOR. 6.6 Notwithstanding anything previously provided, the CONTRACTOR shall under no circumstance be responsible for damage or loss caused by wear and tear, misuse, neglect, negligence, abuse, accident agreed Quality or in respect of any matter arising from or relating to a risk insured against in terms of Home Owner’s Insurance Policies normally issued by a South African Insurance Company in respect of residential properties. The CONTRACTOR shall furthermore under no circumstances be liable for any consequential loss or damages. 6.7 In the event of there being only a dispute between slight impairment of the parties whether any item complained usability. 7. In case of a Defect, DarkPulse shall, at its discretion, cure the Defect either by repair or by supply of Defect-free goods as a replacement. If DarkPulse fails to cure, [MultiNet] has the OWNER constitutes right to reduce the price or to rescind the contract due to Defect. Claims for damages can only be made according to the rules as set out in clause VII. 8. Claims due to Defect are subject to a Defect covered by period of limitation of 12 months from the Housing Consumer Protection Measures Act 95 actual date of 1998 delivery. However, should [MultiNet] claim damages with respect to defects, the statutory periods of limitation apply. 9. DarkPulse is not liable for Defects and claims due to Defects do not apply if [MultiNet] or any dispute relating third party not authorized by DarkPulse: a) modifies, alters or repairs the goods itself, b) fails to install, operate, service or maintain the repair of goods in a manner consistent with DarkPulse's manuals and instructions and/or good workmanship unless [MultiNet] proves that any such event is not the cause for the Defect, such dispute will be determined by the ruling of the Architect, whose determination shall be final and binding on the Parties. 6.8 The OWNER must advise the CONTRACTOR in writing within ninety (90) days from the date of possession of any Defects referred in in this clause, which may have developed. Should the OWNER fail to do so, no further claim can be entertained save for the provisions of clause 6.1 above. 6.9 Save for the above no other guarantees or warranties of any nature are given.

Defects. 6.1 The CONTRACTOR shall only be liable 10.1 Subject to repair Defects Clause 10.3, should any defects in the Works caused by Unit, other than those referred to in Clause 10.2, manifest themselves within 45 (forty five) days after the noncompliance with Occupation Date ("the NHBRC Technical Requirements as specified in section 13 of the Housing Consumer Protection Measures Act, 95 of 1998. 6.2 Although every care is taken to provide a home of the highest qualityforty five day period"), the CONTRACTOR Purchaser shall not be liable for damage or loss caused by misuse, negligence, abuse or accident or any risk insured against by furnish the OWNER’s Home Owners Insurance Policy required by the Financial Institution in respect of the residential property nor does it cover any of the exclusions Seller at its domicilium as provided for in Clause‌ 19.1 below, with a written and signed list of such defects ("the regulations defects list") within 7 (seven) days of the expiry of the forty five day period, failing which the Purchaser shall be deemed to have accepted the Unit in good order and condition. The Seller shall cause reasonable repairs to the Housing Consumer Protection Measures Act 95 said defects to be effected as soon as reasonably possible after receipt of 1998. 6.3 For the defects list. The Seller and all persons authorised or employed by the Seller shall be entitled to access to the Unit for purposes of this Agreementinspection and effecting the said repairs. After such repairs have been effected, the occurrence of any one of the following (and whichever event may occur first) no liability shall constitute the handover date: 6.3.1 the date on which the CONTRACTOR offers to formally hand over the keys attach to the Works to the OWNER; or 6.3.2 the issue of a certificate signed by the Architect nominated by the CONTRACTOR, stating that the Works have been completed; or 6.3.3 the issue of an Occupation Certificate by the Local Authority; 6.4 The guarantee does not cover damage to floor covering caused after handover. 6.5 The OWNER shall be obliged, within the time limits prescribed in the Housing Consumer Protection Measures Act 95 of 1998, to notify the CONTRACTOR in writing of any Defects covered by the aforementioned Act and the CONTRACTOR shall only be liable to rectify the Defects if the OWNER has paid the full contract sum to the CONTRACTOR. 6.6 Notwithstanding anything previously provided, the CONTRACTOR shall under no circumstance be responsible for damage or loss caused by wear and tear, misuse, neglect, negligence, abuse, accident or Seller in respect of any matter arising from defects. 10.2 Subject to Clause 10.3, should any leaks in the roof of the Section (if it has a roof) manifest themselves within 12 (twelve) months of the Occupation Date ("the twelve month period"), the Purchaser shall furnish the Seller at its domicilium as provided for in Clause 19.1 below, with a written and signed list of such leaks ("the roof leaks list") within 7 (seven) days of the expiry of the twelve month period, failing which the Purchaser shall be deemed to have accepted the Section in good order and condition. The Seller shall cause all or relating any reasonable repairs to a risk insured against the said leaks in the roof to be effected as soon as reasonably possible after receipt of the roof leaks list; thereafter no liability shall attach to the Seller in respect of any such leaks.‌ 10.3 The Seller's obligations in terms of Home Owner’s Insurance Policies normally issued by a South African Insurance Company Clauses 10.1 and 10.2 shall -‌ 10.3.1 only apply in respect of residential properties. The CONTRACTOR shall furthermore under defects or leaks arising as a result of faulty workmanship and/or materials used in the construction of the Unit and for no circumstances be liable other defects or leaks, howsoever arising; 10.3.2 only apply, subject to Clauses 10.1 and 10.2, for so long as the Purchaser is the registered owner of the Unit; 10.3.3 not apply in respect of or arising in any way from any alterations to the Unit effected at the instance of the Purchaser; 10.3.4 not entitle the Purchaser to claim any consequential loss or damages. 6.7 In damages from the event of there being a dispute between the parties whether any item complained of Seller. 10.4 A certificate by the OWNER constitutes a Defect covered by Architect stating that any repairs to any defect or leak referred to in Clauses 10.1 and 10.2 are reasonable or that any defect or leak for which the Housing Consumer Protection Measures Act 95 Seller is liable in terms of 1998 or any dispute relating to the repair of the DefectClauses 10.1 and 10.2 has been made good, such dispute will be determined by the ruling of the Architect, whose determination shall be final and binding on the Partiesparties and shall relieve the Seller from any further obligations in respect of such defect or leak. In the event of a dispute between the Purchaser and the Seller as to whether or not any defect referred to in Clauses 10.1 and 10.2 arose as a result of faulty workmanship and/or materials, then such dispute shall be referred to the Architect (acting as an expert and not as an arbitrator) whose decision shall be final and binding on the parties. 6.8 The OWNER must advise the CONTRACTOR in writing within ninety (90) days from the date of possession of any Defects referred in in this clause, which may have developed. Should the OWNER fail to do so, no further claim can be entertained save for the provisions of clause 6.1 above. 6.9 Save for the above no other guarantees or warranties of any nature are given.

Defects. 6.1 The CONTRACTOR shall only be liable to repair Defects in the Works caused by the noncompliance with the NHBRC Technical Requirements as specified in section 13 of the Housing Consumer Protection Measures Act, 95 of 1998. 6.2 Although every care is taken to provide a home of the highest quality, the CONTRACTOR shall not be liable for damage or loss caused by misuse, negligence, abuse or accident or any risk insured against by the OWNER’s Home Owners Insurance Policy required by the Financial Institution in respect of the residential property nor does it cover any of the exclusions provided for in the regulations to the Housing Consumer Protection Measures Act 95 of 1998. 6.3 For purposes of this Agreement, the occurrence of any one of the following (and whichever event may occur first) shall constitute the handover date: 6.3.1 the date on which the CONTRACTOR offers to formally hand over the keys to the Works to the OWNER; or 6.3.2 the issue of a certificate signed by the Architect nominated by the CONTRACTOR, stating that the Works have been completed; or 6.3.3 the issue of an Occupation Certificate by the Local Authority; 6.4 The guarantee does not cover damage to floor covering caused after handover. 6.5 The OWNER shall be obliged, within the time limits prescribed in the Housing Consumer Protection Measures Act 95 of 1998, to notify the CONTRACTOR in writing of any Defects covered by the aforementioned Act and the CONTRACTOR shall only be liable to rectify the Defects if the OWNER has paid the full contract sum to the CONTRACTOR. 6.6 Notwithstanding anything previously provided, the CONTRACTOR shall under no circumstance be responsible for damage or loss caused by wear and tear, misuse, neglect, negligence, abuse, accident or in respect of any matter arising from or relating to a risk insured against in terms of Home Owner’s Insurance Policies normally issued by a South African Insurance Company in respect of residential properties. The CONTRACTOR shall furthermore under no circumstances be liable for any consequential loss or damages. 6.7 In the event that the Commitment or the Survey or Known ------- Exceptions evidence title defects or exceptions unacceptable to Buyer (other than the standard printed exceptions appearing in the Commitment to be removed at Closing or those which do not materially affect the use of there being the Land as contemplated under this Agreement), Buyer shall give SJH Partnership written notice of such fact within fifteen (15) days of receipt by Buyer of the later of the Commitment or Survey. In the event that the Title Company first raises a dispute between title defect or exception unacceptable to Buyer subsequent to the parties whether date of the Commitment, Buyer shall give SJH Partnership written notice of such fact within five (5) days after Buyer first becomes aware of same. If Buyer does not provide timely notice of such exceptions to SJH Partnership, all exceptions as identified in the Commitment, the Survey or the Known Exceptions, shall be deemed approved by Buyer and the Closing shall proceed without diminution in the Purchase Price. Any such exceptions approved or deemed approved by Buyer are herein referred to as "Permitted Exceptions." If Buyer provides timely notice of any item complained defects, SJH Partnership shall be obligated to cure such defects which are delinquent tax liens or consensual liens of SJH Partnership or which can be cured by the OWNER constitutes payment of money (specifically excluding the Known Exceptions), in which case SJH Partnership shall have a Defect covered by period of sixty (60) days to eliminate any such defects, provided SJH Partnership shall have no obligation to expend in excess of Fifty Thousand Dollars ($50,000.00) or to institute litigation to remedy defects, other than consensual liens or delinquent tax liens of SJH Partnership and the Housing Consumer Protection Measures Act 95 of 1998 or any dispute relating to the repair of the Defect, such dispute will be determined by the ruling of the Architect, whose determination Closing Date shall be final extended for a like number of days. In the event SJH Partnership is not required to eliminate such defects, as set forth herein, SJH Partnership shall provide written notice to Buyer within five (5) days of notice of such defects from Buyer that it does not intend to effect such cure and binding on Buyer shall have the Parties. 6.8 The OWNER must advise the CONTRACTOR in writing right to (i) terminate this Agreement by written notice delivered to SJH Partnership within ninety five (905) days from notice from SJH Partnership and Buyer shall receive a refund of the date of possession Deposit and all parties shall be relieved of any Defects referred obligations set forth herein, or (ii) waive any such defects and agree to accept the condition of title as set forth in the Commitment and on the Survey and proceed to Closing without diminution in this clause, which may have developed. Should the OWNER fail to do so, no further claim can be entertained save for the provisions of clause 6.1 abovePurchase Price. 6.9 Save for the above no other guarantees or warranties of any nature are given.