Common use of OCCUPATION AND POSSESSION Clause in Contracts

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. 5.1. It is recorded that 7.1 The Purchaser shall be entitled to occupation and possession of 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 property on 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 into the Purchaser’s name. 7.2 Risk in the property shall pass to the Purchaser on the date of registration of transfer into the Purchaser's name or on date of hand over of the unit into the purchaser’s name, the purchaser shall pay Dwelling to the seller occupational rental and levy in terms of 1.17 and 1.14 Purchaser, whichever date occurs first. 7.3 In the event of the agreement Purchaser requiring occupation and possession of sale, payable monthly in advance on the first day of each and every month to property before the seller, or the seller’s attorneys until date of registration of transfer, pro-rated for periods the Purchaser shall pay to the Municipality an amount equal to 1% (One Per Centum) of less than the total purchase price (inclusive of VAT thereon) per month or part thereof that the Purchaser occupies and possesses the property prior to the date of registration of transfer into the Purchaser's name. The Purchaser shall be entitled to a monthrefund of a proportionate share of the payment in respect of the month in which the property is registered into the name of the Purchaser and calculated from the date of such registration. 5.5. 7.4 In the event of any dispute as to when or whether beneficial occupation and possession of the unit has been property being given to the Purchaser prior to registration of transfer, the Purchaser shall not be entitled to make any improvements to the property before the date of registration of transfer. The Purchaser shall be obliged in the event of the cancellation or tendered either lapse of this agreement to forthwith vacate the property and restore same to the Seller in terms hereofthe same condition as and when the Purchaser took occupation, a certificate it being acknowledged that no tenancy shall be created by the seller’s architect (acting as an expert Purchaser taking occupation and not as an arbitrator) certifying possession prior to registration of transfer and that the unit is suitable for beneficial occupation shall be final and binding on Purchaser will have no claims whatsoever against the parties – notwithstanding that Seller arising out of any improvements made to 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 completedPurchaser.

OCCUPATION AND POSSESSION. 5.1. It is recorded 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 buildings 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 presently 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 or in, on or about the Township, the Purchaser indemnifying the Seller in respect of any claim relating to any such loss or damage which shall include any claims relating to any personal injury or other harm; and diligently comply with the relevant provisions of this Agreement (including the terms and conditions as set out in the course of planningArticles and the Rules and ensure compliance with all Legislation affecting the Property. 5.2. 7.5 The purchaser shall not have Purchaser acknowledges that should it, after the Occupation Date, commence with any claim works of whatsoever nature on the Property, including but not limited to any bulk earthworks and improvements (which shall include any barriers or other installations effected in accordance with the provisions of clause 8 (and/or any other provision of this Agreement)), it shall not, in the event of this Agreement being cancelled in consequence of the Purchaser’s breach, have any lien or other right of retention over any such works on the Property, nor any claim against the seller Seller for any compensation or damages or loss should the projected completion date be delayed or anticipatedwith respect to such works and/or improvements and, but the completion date/occupation datefurthermore, notwithstanding the date referred rights afforded the Purchaser with respect 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 Property from the Occupation Date, it shall enjoy no right of tenancy or occupation 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 such cancellation, and shall immediately vacate 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 completedProperty.

OCCUPATION AND POSSESSION. 5.1. It is recorded that 3.1 The Purchaser shall take occupation and possession of the buildings are presently Property from the Date of Occupation stipulated in clause 1.6 of the Contract of Sale, from which date the risk in the course of planning. 5.2. The purchaser Property 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 pass to the completion/occupation Purchaser and from which date the purchaser has complied with his obligations in terms of clause 2 hereof, paid any costs which he may Purchaser shall be liable for referred the payment of all rates, Body Corporate and Homeowners Association levies, Clubhouse levy and other outgoings attributable to in clause 6.4the Property. 3.2 From Date of Occupation until the Date of Transfer (both days inclusive), 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 Purchaser shall pay to the seller Seller monthly occupational rental and levy as stipulated in terms of 1.17 and 1.14 clause 1.7 of the agreement Contract of sale, Sale. Such occupational rental shall be payable monthly in advance on the first 1st (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 transfer being registered during the course of a month in respect of which the full occupational rental has been paid, the Purchaser shall be entitled to a pro rata refund of such resultant overpayment. The Purchaser shall be obliged to vacate the property upon cancellation of the sale for any dispute as reason whatsoever, it being agreed that no tenancy was or shall be created by any such prior occupation. 3.3 The Purchaser undertakes, in the event of this Contract being cancelled or lapsing for any reason whatsoever to when restore the Property to the same good order and condition in which it was at the Date of Occupation. In either event, the Purchaser shall not be entitled to any compensation for any improvements of whatever nature he may have effected to the Property while in occupation thereof. Should the Seller remain in occupation after the occupation date, or whether beneficial should the property be registered in the name of the Purchaser prior to the date of occupation, the Seller shall be similarly liable to the Purchaser for occupational interest. 3.4 Notwithstanding anything contained herein, the Purchaser shall not be entitled to occupation of the unit Section until such time as he has been given made or tendered either secured all payments in terms hereofof the purchase price, a certificate by costs and all other amounts for which he is liable in terms of this Agreement, and signed all such documentation and supplied all such information as to enable the seller’s architect (acting as an expert and not as an arbitrator) certifying that Conveyancers to effect transfer of 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 completedProperty without delay.

OCCUPATION AND POSSESSION. 5.17.1 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. It is recorded that If the buildings are presently date of occupation does not coincide with the registration date the purchaser shall pay occupational interest, monthly in advance in the course amount equal to 1% of planningthe 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. 5.2. 7.2 The right and obligation to occupy and possess the property will pass to the purchaser shall not have any claim of whatsoever nature against on the seller for any damages or loss should the projected completion date be delayed or anticipated, but the completion date/occupation date, notwithstanding 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 referred to in 1.21 shall be of occupation. As a courtesy the date on which the seller conveyancer shall advise the purchaser in writing (on not less than with 30 (thirtyTHIRTY) days written noticenotice (where possible) on which if the unit property will not 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 but the obligation remains 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 Purchaser 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 establish date of registration of transfer, pro-rated for periods of less than a month. 5.5occupation. In such an instance 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 Purchaser shall be final and binding obliged to take occupation on such further date as given as 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 amended occupation at such date. The completion Purchaser acknowledges that the occupation date shall under no circumstances be deferred by as set out in clause 7.1 is not of the purchaser whether or essence and that any reasonable extension will not entitle the unit is considered suitable for beneficial occupation by reason of any improvements, additions or alterations Purchaser to be effected to the section by or at the request of purchaser not having been completedcancel this agreement.

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 7.1 Occupation of the unit as contemplated in clause 5.2 above, possession and occupation Property 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 Purchaser on the first day Business Day succeeding the Transfer Date, unless otherwise provided in paragraph 7 of each and every month to the sellerSchedule, or otherwise agreed in writing by the seller’s attorneys until date of registration of transfer, pro-rated for periods of less than a monthParties. 5.5. In 7.2 If, however, the event of any dispute as to when or whether Parties mutually have agreed in writing that beneficial occupation of the unit has been Property shall be given to the Purchaser prior to the Transfer Date (or tendered either as shall be indicated, if relevant, in terms hereofparagraph 7 of the Schedule), a certificate occupational rental shall be payable by the seller’s architect Purchaser to the Seller, monthly in advance (acting by no later than the 2nd Business Day of each month), in the amount as an expert reflected in paragraph 7 of the Schedule. 7.3 Where the Occupation Date occurs on the first Business Day after the Transfer Date all risk, benefit, profit and not 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 an arbitratorthe Seller may direct, of all rates and taxes and municipal charges (including sewerage and any other levies) certifying that payable in respect of the unit is suitable for beneficial occupation 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 Where the Occupation Date occurs prior to the Transfer Date all risk, benefit, profit and loss in the Property shall similarly pass to the Purchaser with effect from such date, and pending the arrival of the Transfer Date, the Purchaser shall pay the occupational rental, as aforementioned, and the Seller shall be final obliged to pay all rates and binding on taxes, municipal charges and other levies payable to the parties – notwithstanding Local Authority or any other Competent Authority with respect to the Property and the levies due to the POA. 7.5 Notwithstanding the aforegoing, with effect from the Occupation Date, the Purchaser shall be responsible for the costs of all water, electricity, gas (if relevant), refuse removal and other utilities charges relating to the Property. 7.6 With effect from the Occupation Date the Purchaser shall be obliged to procure that it is in possession of valid and enforceable short term insurances, including public liability cover and SASRIA cover. 7.7 From the building as a whole Occupation Date the Purchaser shall be solely responsible for securing the Property, the Seller accepting no responsibility or the common property liability with respect to any loss or damage which 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 sustained by the purchaser whether Purchaser or not any of the unit is considered suitable for beneficial occupation by reason Purchaser’s representatives, agents, or contractors or invitees in respect of any improvementsincident which may occur on or about the Property or in, additions on or alterations about the Township, the Purchaser indemnifying the Seller in respect of any claim relating to be effected any such loss or damage which shall include any claims relating to any personal injury or other harm. 7.8 With effect from the section by or at Occupation Date the request Purchaser shall furthermore diligently comply with the relevant provisions of purchaser not having been completedthis Agreement (including the terms and conditions as set out in the Articles and the Rules and ensure compliance with all Legislation affecting the Property.