OCCUPATION AND POSSESSION Sample Clauses

OCCUPATION AND POSSESSION. Occupation and possession of the property shall be given to the Purchaser by the Seller on the transfer date on which date all risk and benefit in and to the property shall pass from the Seller to the Purchaser.

OCCUPATION AND POSSESSION. 6.1. Occupation and possession of the property shall be given to the Purchaser by the Seller on the transfer date on which date all risk and benefit in and to the property shall pass from the Seller to the Purchaser. 6.2. If the date of transfer of the property to the Purchaser does not coincide with the date of occupation, then the Seller is entitled to occupation rental while the property is registered in the Seller’s name. The occupational rent shall be set at R per month plus VAT (if applicable). 6.3. Payment shall be made monthly in advance on the first day of each month; 6.4. If the liability for occupational interest commences or ceases during a month, a proportionate share in respect of the period up to the end of that month shall be payable or refundable, as the case may be, on the date of such commencement or cessation.

OCCUPATION AND POSSESSION. 7.1 Occupation and possession of the Property shall be provided on the Occupation Date (as referred to in paragraph 7 of the Schedule, occupation not being permissible prior to the date of Proclamation. 7.2 Where the Occupation Date occurs prior to the Transfer Date, save for payment of the interest due in respect of the Balance, as dealt with in clause 5 above, no other occupational rental or interest shall be payable by the Purchaser to the Seller, and the Purchaser shall, with effect from the Occupation Date, notwithstanding that the Transfer Date has not arrived, be liable and obliged to pay all amounts and discharge such obligations with respect to the Property (and to the Seller and the POA and the relevant Competent Authorities) as are referred to in this Agreement. 7.3 With effect from the earlier of the Occupation Date or the Transfer Date, all risk, benefit, profit and loss in and to the Property shall pass to the Purchaser from such date, the Purchaser being liable for payment to the Seller, or the Local Authority, as the Seller may direct, of all rates and taxes and municipal charges (including sewerage and any other levies) payable in respect of the Property to the Local Authority or any other Competent Authority (and as payable to the POA), the Purchaser undertaking to refund on request to the Seller any amount so paid by the Seller in respect of any period after the Occupation Date. 7.4 With effect from the Occupation Date, , the Purchaser shall be responsible for: 7.4.1 the costs of all water, electricity, gas (if relevant), refuse removal and other utilities charges relating to the Property, and the Purchaser shall ensure that the deposits required by the Local Authority or any other Competent Authority with respect to the provision of any such services is duly paid to the entitled authority; 7.4.2 be obliged to procure that it is in possession of valid and enforceable short term insurances, including public liability cover and SASRIA cover and the Purchaser shall, prior to taking physical possession of the Property, have adduced to the Seller proof of the existence of such aforementioned short term insurance cover; 7.4.3 be solely responsible for securing the Property, the Seller accepting no responsibility or liability with respect to any loss or damage which may be sustained by the Purchaser or any of the Purchaser’s representatives, agents, or contractors or invitees in respect of any incident which may occur on or about the Property o...

OCCUPATION AND POSSESSION. 3.1 Possession of the PROPERTY shall be given to the PURCHASER on the TRANSFER DATE. 3.2 Occupation of the PROPERTY shall be given to the PURCHASER on (“the OCCUPATION DATE”).

OCCUPATION AND POSSESSION. 5.1 Possession of the Property shall be given to the Purchaser on the Transfer Date. 5.2 Occupation of the Property shall be given to the Purchaser on the date specified in clause 6 of the Schedule ("the Occupation Date").

OCCUPATION AND POSSESSION. 10.1 It is recorded that the BUILDINGS are presently in the course of planning, under construction or completed.

OCCUPATION AND POSSESSION. 7.1 Occupation of the property shall be given to the Purchase on _ on condition that occupational rent is paid in advance and all transfer and bond documentation is signed at the transfer and bond attorney. If the date of occupation does not coincide with the registration date the purchaser shall pay occupational interest, monthly in advance in the amount equal to 1% of the purchase price. Should the Seller still enjoy occupation between the date of occupation up to registration and the unit is occupied by a tenant the Seller will pay over the rental amount as set out in the rental agreement between the tenant and seller. 7.2 The right and obligation to occupy and possess the property will pass to the purchaser on the occupation date, provided that the Purchaser has complied with all its obligations and paid all monies payable in terms of this agreement, and signed all transfer and bond documentation including the practical completion letter. The Purchaser shall be obliged to pay occupational interest from the aforesaid date, regardless whether occupation has physically been taken or not. 7.3 The Purchaser shall be obliged to contact the conveyancer or the agent and confirm whether there is any amendment to the date of occupation. As a courtesy the conveyancer shall advise the purchaser in writing with 30 (THIRTY) days notice (where possible) if the property will not be ready for occupation on the occupation date, but the obligation remains that of the Purchaser to establish date of occupation. In such an instance the Purchaser shall be obliged to take occupation on such further date as given as the amended occupation date. The Purchaser acknowledges that the occupation date as set out in clause 7.1 is not of the essence and that any reasonable extension will not entitle the Purchaser to cancel this agreement.

OCCUPATION AND POSSESSION. ‌ 10.1 OCCUPATION means when the Seller tenders the Unit to the Purchaser for occupation irrespective of the Purchaser or a third party occupying the Property through him moving into the Property.

OCCUPATION AND POSSESSION. 5.1. It is recorded that the buildings are presently in the course of planning. 5.2. The purchaser shall not have any claim of whatsoever nature against the seller for any damages or loss should the projected completion date be delayed or anticipated, but the completion date/occupation date, notwithstanding the date referred to in 1.21 shall be the date on which the seller shall advise the purchaser in writing (on not less than 30 (thirty) days written notice) on which the unit will be ready for occupation by the purchaser. 5.3. Save where the purchaser takes possession and occupation of the unit as contemplated in clause 5.2 above, possession and occupation shall be given to and taken by the purchaser on the completion/ occupation date, provided that prior to the completion/occupation date the purchaser has complied with his obligations in terms of clause 2 hereof, paid any costs which he may be liable for referred to in clause 6.4, the initial estimated levy, occupational rental, connection fees referred to in clause 22 hereof and the extras referred to in clause C(a)ii of the main agreement. 5.4. From the completion/occupation date until registration of transfer of the unit into the purchaser’s name, the purchaser shall pay to the seller occupational rental and levy in terms of 1.17 and 1.14 of the agreement of sale, payable monthly in advance on the first day of each and every month to the seller, or the seller’s attorneys until date of registration of transfer, pro-rated for periods of less than a month. 5.5. In the event of any dispute as to when or whether beneficial occupation of the unit has been given or tendered either in terms hereof, a certificate by the seller’s architect (acting as an expert and not as an arbitrator) certifying that the unit is suitable for beneficial occupation shall be final and binding on the parties – notwithstanding that the building as a whole or the common property may not have been completed or might not be suitable for beneficial occupation at such date. The completion date shall under no circumstances be deferred by the purchaser whether or not the unit is considered suitable for beneficial occupation by reason of any improvements, additions or alterations to be effected to the section by or at the request of purchaser not having been completed.

OCCUPATION AND POSSESSION. 3.1 Without waiver of the Contractor’s builders’ lien over the works, possession, profit and risk in and to the land shall pass from the Owner to the Purchaser on date of registration of transfer. 3.2 Notwithstanding 3.1 above, the Contractor may, in its sole and absolute discretion by written authority, consent and allow the Purchaser to take occupation and possession of the works prior to the registration date, in which event the Purchaser shall become liable to the Contractor for any amount paid by the Contractor in advance and the Purchaser shall become liable to pay the Contractor occupational interest at a rate equal to 1,8% of the building contract price monthly in advance from date of occupation or agreed occupation, whichever is the earlier, until date of registration, both days inclusive. 3.3 The Contractor shall at all times and until the works have been completed and the Purchaser has signed and handed to the Contractor the final completion form be entitled to enter and be present on the land for construction purposes. At no time whatsoever shall the Purchaser be entitled to make claim, attach or in any way claim possession or retention of any of the Contractor’s tools, equipment or building material and by signature hereof waived any rights which he may have in this regard. 3.4 The Purchaser shall be obliged to take occupation by not later than the last business day of the month in which the works have been completed, and it shall be the Purchaser’s responsibility to monitor progress of the works so as to enable him to make whatever arrangements may be necessary to enable him to take possession, including payment of any amounts that may be due to the Contractor.