Common use of Occupation date Clause in Contracts

Occupation date. 10.1. The Seller shall give the Purchaser no less than 30 (thirty) days’ written notice (the "Occupation Notice") of the Occupation Date. 10.2. If in the sole opinion of the Seller the Purchaser's Unit will not be Practically Complete on the date stipulated in the Occupation Notice (or Amending Notice), then the Seller shall be entitled to issue a further written notice or notices (the "Amending Notice/s") stipulating the amended date on which the Property will be available for occupation, provided that the Occupation Date stipulated in an Amending Notice shall be at least 7 (seven) days after the Occupation Date stipulated in any notice issued immediately prior thereto. 10.3. The Seller shall, on or as soon as possible after the Occupation Date stipulated in the Occupation Notice (or an Amending Notice/s, as the case may be), furnish the Purchaser with the Practical Completion Certificate together with a copy of the Occupancy Certificate, in confirmation of the Occupation Date. 10.4. The Purchaser acknowledges that: 10.4.1. that the Practical Completion Certificate shall be a final and binding confirmation that the Property has reached the stage of Practical Completion as at the Occupation Date; and 10.4.2. notwithstanding Practical Completion, there may still be defects in the Property which defects shall be remedied by the Seller as provided for in this Agreement. 10.4.3. The date reflected in the Schedule to this Agreement as being the estimated occupation date, is only an estimate of the Occupation Date and no liability and/or penalties of any nature whatsoever will attach to the Seller in the event of the Occupation Date being delayed. 10.5. The Occupation Date shall under no circumstances be deferred nor shall the Property considered unsuitable for occupation by reason of any works on or about the Property that are not stipulated in the Plans or Specifications (as may be varied in terms of clause 8), being incomplete.

Occupation date. 10.1. 4.1 The Seller shall SELLER hereby undertakes to use its best endeavors to give to the Purchaser no less than 30 (thirty) days’ written notice (the "Occupation Notice") PURCHASER beneficial occupation of the Occupation Date. 10.2. If in the sole opinion of the Seller the Purchaser's Unit will not be Practically Complete on SECTION by the date stipulated in 1.18 of the Occupation Notice CONTRACT OF SALE, provided the PURCHASER has secured the Total Consideration referred to in 1.7 of the CONTRACT OF SALE, as contemplated in 3 of the CONTRACT OF SALE. 4.2 If however, the SELLER is of the opinion that, for whatever reason, the SECTION will not be sufficiently complete for beneficial occupation by the date specified in 1.18 above of the CONTRACT OF SALE then: SAMPLE 4.2.1 The SELLER shall give the PURCHASER at least 30 (or Amending Notice)THIRTY) days prior written notice before such date. In such event, then the Seller PURCHASER shall accept possession, occupation and the use of the SECTION on the date the SELLER notifies him in writing that the SECTION will be sufficiently complete for beneficial occupation and such subsequent date shall (subject to the provision of paragraph 4.4 below) be deemed for all purposes to be the “DATE OF POSSESSION”; and 4.2.2 If the section is not sufficiently complete for beneficial occupation within 6 (SIX) calendar months after the date specified in 1.18 of the CONTRACT OF SALE, the PURCHASER shall have the right on notice to the SELLER to resile form this CONTRACT. In such event: 4.2.2.1 the PURCHASER shall be entitled to issue receive a further refund of an amount equal to the aggregate of all payments made by the PURCHASER in respect of the Total Consideration referred to in 1.7 of the CONTRACT OF SALE; and 4.2.2.2 the PURCHASER shall have no claim of whatsoever nature or howsoever arising against the SELLER for failing for any reason to give possession, occupation and use of the SECTION to the PURCHASER on or before the DATE OF POSSESSION. 4.3 The SELLER shall be entitled to anticipate the DATE OF POSSESSION on 30 (THIRTY) days written notice to the PURCHASER provided that such anticipated date shall not be more than 120 (ONE HUNDRED AND TWENTY) days earlier than the date stated in 1.18 of the CONTRACT OF SALE. Should the SELLER bring the date of possession forward by giving the PURCHASER the written notice as aforesaid, such date shall be regarded as the DATE OF POSSESSION for the purposes of this CONTRACT (subject to the provisions of paragraph 4.5 below) 4.4 In the event of any dispute as to when or notices (whether the "Amending Notice/s") stipulating the amended date on which the Property will be available SECTION is sufficiently complete for beneficial occupation, provided a certificate by the ARCHITECT (acting as an expert and not an arbitrator) certifying that the Occupation Date stipulated in an Amending Notice SECTION is sufficiently complete for beneficial occupation, shall be at least 7 (seven) days after the Occupation Date stipulated in any notice issued immediately prior thereto. 10.3. The Seller shall, on or as soon as possible after the Occupation Date stipulated in the Occupation Notice (or an Amending Notice/s, as the case may be), furnish the Purchaser with the Practical Completion Certificate together with a copy of the Occupancy Certificate, in confirmation of the Occupation Date. 10.4. The Purchaser acknowledges that: 10.4.1. that the Practical Completion Certificate shall be a final and binding confirmation that upon the Property has reached the stage of Practical Completion as at the Occupation Date; and 10.4.2. notwithstanding Practical Completion, there may still be defects in the Property which defects shall be remedied by the Seller as provided for in this Agreementparties. 10.4.3. The date reflected in 4.5 Notwithstanding anything contained herein, the Schedule PURCHASER shall not be entitled to this Agreement as being the estimated occupation date, is only an estimate of the Occupation Date and no liability and/or penalties of any nature whatsoever will attach to SECTION until such time as: 4.5.1 the Seller in PURCHASER has secured the event payment of the Occupation Date being delayedTotal Consideration, referred to in paragraph 1.7 of the CONTRACT OF SALE, as contemplated in paragraph 3 of the CONTRACT OF SALE; 4.5.2 the PURCHASER has signed all the CONVEYANCERS documentation, provided all the information and documentation for the purposes of transfer and has paid the transfer costs, as contemplated in paragraph 11.3 of the CONDITIONS OF SALE. 10.5. The Occupation Date shall under no circumstances be deferred nor shall 4.5.3 the Property considered unsuitable PURCHASER is up to date with the payments of levies, occupational interest and all other amounts the PURCHASER is responsible for occupation by reason of any works on or about the Property that are not stipulated in the Plans or Specifications (as may be varied payment in terms of clause 8)this CONTRACT. Should the SECTION be sufficiently complete for beneficial occupation but the PURCHASER has not complied with its obligations referred to above, being incompletethen in that event (without prejudice to the SELLER'S rights to claim specific performance from the PURCHASER or to any rights the SELLER may have in terms of this CONTRACT or at law) possession and occupation of the SECTION shall only be given to the PURCHASER once such amount has been secured.

Occupation date. 10.1. 9.1 The Seller shall hereby undertakes to use its best endeavours to give to the Purchaser no less than 30 (thirty) days’ written notice (the "Occupation Notice") beneficial occupation of the Occupation Date. 10.2. If in the sole opinion of the Seller the Purchaser's Unit will not be Practically Complete on Section by the date stipulated in paragraph N of the Occupation Notice (or Amending Notice)Schedule, then provided the Purchaser has secured payment of the full purchase price reflected in paragraph J of the Schedule as contemplated in clause 4 hereof. 9.2 In the event that it transpires that the Section will not be sufficiently complete for beneficial occupation by the date specified in paragraph N of the Schedule, then: 9.2.1 the Seller shall notify the Purchaser of such fact at least 30 (THIRTY) days before such date. In such event the Purchaser shall be obliged to accept possession and occupation of the Section on the date the Seller notifies him in writing that the Section will be sufficiently complete for beneficial occupation, and such subsequent date shall (subject to the provisions of clause 9.4 below) be deemed for all purposes to be the Date of Occupation and Possession; and 9.2.2 if the Section is not sufficiently complete for beneficial occupation within 12 (TWELVE) calendar months after the date specified in paragraph N of the Schedule, the Purchaser shall have the right on notice to the Seller to resile from this Agreement. In such event the Purchaser shall be entitled to issue receive a further written notice refund of all amounts paid by him in terms of this Agreement together with any interest earned thereon and the Purchaser shall have no claim of whatsoever nature or notices (howsoever arising against the "Amending Notice/s") stipulating Seller for failing for any reason to give possession and occupation of the amended Section to the Purchaser on or before the date on which reflected in paragraph N of the Property will be available Schedule. 9.3 In the event of any dispute as to when or whether the Section is sufficiently complete for beneficial occupation, provided a certificate by the Seller’s architect (acting as an expert and not an arbitrator) certifying that the Occupation Date stipulated in an Amending Notice Section is sufficiently complete for beneficial occupation, shall be at least 7 (seven) days after the Occupation Date stipulated in any notice issued immediately prior thereto. 10.3. The Seller shall, on or as soon as possible after the Occupation Date stipulated in the Occupation Notice (or an Amending Notice/s, as the case may be), furnish the Purchaser with the Practical Completion Certificate together with a copy of the Occupancy Certificate, in confirmation of the Occupation Date. 10.4. The Purchaser acknowledges that: 10.4.1. that the Practical Completion Certificate shall be a final and binding confirmation upon the parties. 9.4 Notwithstanding anything contained herein, the Purchaser shall not be entitled to occupation of the Section until such time as the total purchase price reflected in paragraph J of the Schedule, has been secured in full, as contemplated in clause 4 of this Agreement. Should the Section be sufficiently complete for beneficial occupation but the amount referred to in paragraph J of the Schedule has not been paid and/or the transfer or bond documents have not been signed and the transfer and/or bond registration costs have not been paid, then in that event (without prejudice to the Property has reached the stage of Practical Completion as at the Occupation Date; and 10.4.2. notwithstanding Practical Completion, there may still be defects in the Property which defects shall be remedied by Seller’s rights to claim specific performance or to any other rights the Seller as provided for in this Agreement. 10.4.3. The date reflected in the Schedule to this Agreement as being the estimated occupation date, is only an estimate of the Occupation Date and no liability and/or penalties of any nature whatsoever will attach to the Seller in the event of the Occupation Date being delayed. 10.5. The Occupation Date shall under no circumstances be deferred nor shall the Property considered unsuitable for occupation by reason of any works on or about the Property that are not stipulated in the Plans or Specifications (as may be varied have in terms of clause 8)this Agreement or at law), being incompletepossession and occupation of the Section shall only be given to the Purchaser once such amount has been secured and/or such documents have been signed and/or such transfer or bond registration costs have been paid, however, the Purchaser shall remain liable for the payment of occupational rent from the date that the Architect certifies that the Section is sufficiently complete for beneficial occupation.

Occupation date. 10.1. 4.1 The Seller shall SELLER hereby undertakes to use its best endeavours to give to the Purchaser no less than 30 (thirty) days’ written notice (the "Occupation Notice") PURCHASER occupation of the Occupation Date. 10.2. If in the sole opinion of the Seller the Purchaser's Unit will not be Practically Complete on SECTION by the date stipulated in 1.8 of the Occupation Notice (CONTRACT OF SALE, provided the PURCHASER has paid or Amending Notice)duly secured the Total Consideration referred to in 1.5 of the CONTRACT OF SALE. 4.2 If, however, the SELLER is of the opinion that, for whatever reason, the SECTION will not be sufficiently complete for beneficial occupation by the date specified in 1.8 of the CONTRACT OF SALE, then – 4.2.1 the Seller SELLER shall notify the PURCHASER of such fact at least 30 (THIRTY) days before such date. In such event the PURCHASER shall accept possession, occupation and use of the SECTION on the date the SELLER notifies him in writing that the SECTION will be sufficiently completed for beneficial occupation, and such subsequent date shall be deemed for all purposes to be the DATE OF POSSESSION; and 4.2.2 if the SECTION is not sufficiently complete for beneficial occupation within 12 (TWELVE) calendar months after the date specified in 1.8 of the CONTRACT OF SALE, the PURCHASER shall have the right on notice to the SELLER to resile from this CONTRACT. In such event the PURCHASER shall be entitled to issue receive a further refund of an amount equal to the aggregate of all payments made by the PURCHASER in respect of the Total Consideration referred to in 1.5 of the CONTRACT OF SALE; and 4.2.3 the PURCHASER shall have no claim of whatever nature or howsoever arising against the SELLER for failing for any reason to give possession, occupation and use of the SECTION to the PURCHASER on or before the DATE OF POSSESSION. 4.3 The SELLER shall be entitled to anticipate the DATE OF POSSESSION on 60 (SIXTY) days written notice to the PURCHASER provided that such anticipated date shall not be more than 120 (ONE HUNDRED AND TEWENTY) days earlier that the date stated in 1.8 of the CONTRACT OF SALE. Should the SELLER bring the aforesaid DATE OF POSSESSION forward by giving the PURCHASER written notice as aforesaid, such date shall be regarded as the DATE OF POSSESSION for the purposes of this CONTRACT (subject to the provisions of paragraph 4.5 below). 4.4 In the event of any dispute as to when or notices (whether the "Amending Notice/s") stipulating the amended date on which the Property will be available SECTION is sufficiently complete for beneficial occupation, provided a certificate by the ARCHITECT (acting as an expert and not an arbitrator) certifying that the Occupation Date stipulated in an Amending Notice SECTION is sufficiently complete for beneficial occupation, shall be at least 7 (seven) days after the Occupation Date stipulated in any notice issued immediately prior thereto. 10.3. The Seller shall, on or as soon as possible after the Occupation Date stipulated in the Occupation Notice (or an Amending Notice/s, as the case may be), furnish the Purchaser with the Practical Completion Certificate together with a copy of the Occupancy Certificate, in confirmation of the Occupation Date. 10.4. The Purchaser acknowledges that: 10.4.1. that the Practical Completion Certificate shall be a final and binding confirmation that upon the Property has reached the stage of Practical Completion as at the Occupation Date; and 10.4.2. notwithstanding Practical Completion, there may still be defects in the Property which defects shall be remedied by the Seller as provided for in this Agreementparties. 10.4.3. The date reflected in 4.5 Notwithstanding anything contained herein, the Schedule PURCHASER shall not be entitled to this Agreement as being the estimated occupation date, is only an estimate of the Occupation Date and no liability and/or penalties of any nature whatsoever will attach SECTION until such time as the total consideration, referred to the Seller in the event 1.5 of the Occupation Date being delayed. 10.5CONTRACT OF SALE, has been secured in full, as contemplated in paragraph 3 of the CONTRACT OF SALE. The Occupation Date shall under no circumstances Should the PROPERTY be deferred nor shall sufficiently complete for beneficial occupation but the Property considered unsuitable for occupation by reason of amount referred to in 1.5 not have been secured in full, then in that event, without prejudice to any works on or about other rights the Property that are not stipulated in the Plans or Specifications (as SELLER may be varied have in terms of clause 8)this CONTRACT or at Law, being incompletepossession and occupation of the PROPERTY shall only be given to the PURCHASER once such amount has been secured, this however does not negate the PURCHASER’S obligation to pay OCCUPATIONAL INTEREST to the SELLER in terms of 5.3 hereof, with effect from the DATE OF POSSESSION, notwithstanding that the PURCHASER has been denied occupation of the SECTION as a result of failure to secure the PURCHASE PRICE.

Occupation date. 10.1. 4.1 The Seller shall SELLER hereby undertakes to use its best endeavours to give to the Purchaser no less than 30 (thirty) days’ written notice (the "Occupation Notice") PURCHASER beneficial occupation of the Occupation Date. 10.2. If in the sole opinion of the Seller the Purchaser's Unit will not be Practically Complete on SECTION by the date stipulated in 1.7 of the Occupation Notice AGREEMENT, provided the PURCHASER has secured the Total Consideration referred to in 1.3 of the AGREEMENT (or Amending Noticeas contemplated in paragraph 3 of the CONTRACT). 4.2 If, however, the SELLER is of the opinion that, for whatever reason, the SECTION will not be sufficiently complete for beneficial occupation by the date specified in 1.7 of the AGREEMENT, then - 4.2.1 the Seller SELLER shall notify the PURCHASER in writing of such fact at least 30 (THIRTY) days before such date and shall specify in such notice the later date that the SECTION shall be complete for the purposes of beneficial occupation (which date shall not be more than 9 (NINE) calendar months after the date specified in 1.7 of the AGREEMENT) and such later date shall be deemed for all purposes to be the DATE OF POSSESSION (subject to the provisions of paragraphs 4.2.2 and 4.5 below); and 4.2.2 if the SECTION is not sufficiently complete for beneficial occupation within 6 (SIX) calendar months of the date specified in 1.7 of the CONTRACT OF SALE, the PURCHASER shall have the right, on notice to the SELLER, to resile from this CONTRACT provided that such notice is received by the SELLER within 14 (FOURTEEN) days of the expiry of the aforesaid 9 (NINE) calendar month period. In the event of the PURCHASER so resiling, the PURCHASER shall be entitled to issue receive a further written notice or notices (refund of an amount equal to the "Amending Notice/s") stipulating aggregate of all payments made by the amended date on which the Property will be available for occupation, provided that the Occupation Date stipulated PURCHASER in an Amending Notice shall be at least 7 (seven) days after the Occupation Date stipulated in any notice issued immediately prior thereto. 10.3. The Seller shall, on or as soon as possible after the Occupation Date stipulated in the Occupation Notice (or an Amending Notice/s, as the case may be), furnish the Purchaser with the Practical Completion Certificate together with a copy respect of the Occupancy Certificate, Total Consideration referred to in confirmation 1.3 of the Occupation Date. 10.4AGREEMENT and the PURCHASER shall have no claim of whatsoever nature or howsoever arising against the SELLER for failing for any reason to give possession, occupation and use of the SECTION to the PURCHASER timeously. The Purchaser acknowledges that: 10.4.1. that (In the Practical Completion Certificate shall be a final and binding confirmation that event of the Property has reached the stage of Practical Completion as at the Occupation Date; and 10.4.2. notwithstanding Practical CompletionPURCHASER not resiling from this CONTRACT, there may still be defects in the Property which defects shall be remedied by the Seller as provided for in this Agreementparagraph 4.2.2, notwithstanding the fact that the SECTION is not complete for the purposes of beneficial occupation within a period of 9 (NINE) calendar months from the date stated in 1.7 of the AGREEMENT, then, in that event, this CONTRACT shall continue to be of full force and effect between the parties and the PURCHASER shall take occupation of the SECTION on the date, 30 (THIRTY) days after the SELLER gives the PURCHASER written notice that it is complete for beneficial occupation (which date shall be deemed for all purposes to be the DATE OF POSSESSION subject to provisions of paragraph 4.5 below). 10.4.34.3 The SELLER shall be entitled to anticipate the DATE OF OCCUPATION on 30 (THIRTY) days written notice to the PURCHASER provided that such anticipated date shall not be more than 120 (ONE HUNDRED AND TWENTY) days earlier than the date stated in 1.7 of the AGREEMENT. The Should the SELLER bring the date reflected of possession forward by giving the PURCHASER the written notice as aforesaid, such date shall be regarded as the DATE OF POSSESSION for the purposes of this CONTRACT (subject to the provisions of paragraph 4.6 below). 4.4 Once the SELLER has notified the PURCHASER of the date of occupation and the SELLER is in the Schedule to this Agreement as being the estimated occupation date, is only an estimate possession of the Occupation Date and no liability and/or penalties Certificate, the PURCHASER must take occupation of any nature whatsoever will attach the section on the date specified in the Notice. The PURCHASER shall be liable to pay to the Seller SELLER occupational rent, at the amount specified in 1.6 of the schedule, pending date of registration of the section into the PURCHASER’S name. Failure by the PURCHASER to take occupation of the section on the date of occupation shall not absolve the PURCHASER from paying occupational rent. Should the PURCHASER elect to take occupation of the section on date of registration of transfer, the PURCHASER shall be liable to pay occupational rent as though the PURCHASER had taken occupation of the section on date of occupation. 4.5 In the event of any dispute arising as to when or whether the Occupation Date being delayedSECTION is sufficiently complete for beneficial occupation, a certificate by the ARCHITECT (acting as an expert and not an arbitrator) certifying that the SECTION is sufficiently complete for beneficial occupation, shall be final and binding upon the parties. 10.5. The Occupation Date 4.6 Notwithstanding anything contained herein, the PURCHASER shall under no circumstances not be deferred nor shall entitled to occupation of the Property considered unsuitable SECTION until such time as: 4.6.1 the PURCHASER has secured the payment of the Total Consideration, referred to in paragraph 1.3 of the AGREEMENT, as contemplated in paragraph 3 of the CONTRACT; 4.6.2 the PURCHASER has signed all the CONVEYANCERS documentation, provided all the information and documentation for occupation by reason the purposes of any works on or about transfer, and has paid the Property that are not stipulated costs, as contemplated in paragraph 7.1 of the Plans or Specifications (as may be varied CONDITIONS OF SALE and; 4.6.3 the PURCHASER is up to date with the payments of the levy, occupational interest, electricity, water, and all other amounts the PURCHASER is responsible for payment of in terms of clause 8)the CONTRACT. Should the SECTION be sufficiently complete for beneficial occupation but the PURCHASER has not complied with its obligations as referred to above, being incompletethen in that event, without prejudice to the SELLER’s rights to claim specific performance or to any other rights the SELLER may have in terms of this CONTRACT or at law, and at the SELLER’s election, possession and occupation of the SECTION shall only be given to the PURCHASER once it has complied with its aforesaid obligations and such date of compliance shall be regarded as the DATE OF POSSESSION for the purposes of this CONTRACT.

Occupation date. 10.1. 4.1 The Seller shall SELLER hereby undertakes to use its best endeavors to give to the Purchaser no less than 30 (thirty) days’ written notice (the "Occupation Notice") PURCHASER beneficial occupation of the Occupation Date. 10.2. If in the sole opinion of the Seller the Purchaser's Unit will not be Practically Complete on SECTION by the date stipulated in 1.17 of the Occupation Notice CONTRACT OF SALE, provided the PURCHASER has secured the Total Consideration referred to in 1.7 of the CONTRACT OF SALE, as contemplated in 3 of the CONTRACT OF SALE. 4.2 If however, the SELLER is of the opinion that, for whatever reason, the SECTION will not be sufficiently complete for beneficial occupation by the date specified in 1.16 above of the CONTRACT OF SALE then: 4.2.1 The SELLER shall give the PURCHASER at least 30 (or Amending Notice)THIRTY) days prior written notice before such date. In such event, then the Seller PURCHASER shall accept possession, occupation and the use of the SECTION on the date the SELLER notifies him in writing that the SECTION will be sufficiently complete for beneficial occupation and such subsequent date shall (subject to the provision of paragraph 4.4 below) be deemed for all purposes to be the “DATE OF POSSESSION”; and 4.2.2 If the section is not sufficiently complete for beneficial occupation within 6 (SIX) calendar months after the date specified in 1.17 of the CONTRACT OF SALE, the PURCHASER shall have the right on notice to the SELLER to resile form this CONTRACT. In such event: 4.2.2.1 the PURCHASER shall be entitled to issue receive a further refund of an amount equal to the aggregate of all payments made by the PURCHASER in respect of the Total Consideration referred to in 1.7 of the CONTRACT OF SALE; and 4.2.2.2 the PURCHASER shall have no claim of whatsoever nature or howsoever arising against the SELLER for failing for any reason to give possession, occupation and use of the SECTION to the PURCHASER on or before the DATE OF POSSESSION. 4.3 The SELLER shall be entitled to anticipate the DATE OF POSSESSION on 30 (THIRTY) days written notice to the PURCHASER provided that such anticipated date shall not be more than 120 (ONE HUNDRED AND TWENTY) days earlier than the date stated in 1.16 of the CONTRACT OF SALE. Should the SELLER bring the date of possession forward by giving the PURCHASER the written notice as aforesaid, such date shall be regarded as the DATE OF POSSESSION for the purposes of this CONTRACT (subject to the provisions of paragraph 4.5 below) 4.4 In the event of any dispute as to when or notices (whether the "Amending Notice/s") stipulating the amended date on which the Property will be available SECTION is sufficiently complete for beneficial occupation, provided a certificate by the ARCHITECT (acting as an expert and not an arbitrator) certifying that the Occupation Date stipulated in an Amending Notice SECTION is sufficiently complete for beneficial occupation, shall be at least 7 (seven) days after the Occupation Date stipulated in any notice issued immediately prior thereto. 10.3. The Seller shall, on or as soon as possible after the Occupation Date stipulated in the Occupation Notice (or an Amending Notice/s, as the case may be), furnish the Purchaser with the Practical Completion Certificate together with a copy of the Occupancy Certificate, in confirmation of the Occupation Date. 10.4. The Purchaser acknowledges that: 10.4.1. that the Practical Completion Certificate shall be a final and binding confirmation that upon the Property has reached the stage of Practical Completion as at the Occupation Date; and 10.4.2. notwithstanding Practical Completion, there may still be defects in the Property which defects shall be remedied by the Seller as provided for in this Agreementparties. 10.4.3. The date reflected in 4.5 Notwithstanding anything contained herein, the Schedule PURCHASER shall not be entitled to this Agreement as being the estimated occupation date, is only an estimate of the Occupation Date and no liability and/or penalties of any nature whatsoever will attach to SECTION until such time as: 4.5.1 the Seller in PURCHASER has secured the event payment of the Occupation Date being delayedTotal Consideration, referred to in paragraph 1.7 of the CONTRACT OF SALE, as contemplated in paragraph 3 of the CONTRACT OF SALE; 4.5.2 the PURCHASER has signed all the CONVEYANCERS documentation, provided all the information and documentation for the purposes of transfer and has paid the transfer costs, as contemplated in paragraph 11.3 of the CONDITIONS OF SALE. 10.5. The Occupation Date shall under no circumstances be deferred nor shall 4.5.3 the Property considered unsuitable PURCHASER is up to date with the payments of levies, occupational interest and all other amounts the PURCHASER is responsible for occupation by reason of any works on or about the Property that are not stipulated in the Plans or Specifications (as may be varied payment in terms of clause 8)this CONTRACT. Should the SECTION be sufficiently complete for beneficial occupation but the PURCHASER has not complied with its obligations referred to above, being incompletethen in that event (without prejudice to the SELLER'S rights to claim specific performance from the PURCHASER or to any rights the SELLER may have in terms of this CONTRACT or at law) possession and occupation of the SECTION shall only be given to the PURCHASER once such amount has been secured.

Occupation date. 10.1. 4.1 The Seller shall SELLER hereby undertakes to use its best endeavours to give to the Purchaser no less than 30 (thirty) days’ written notice (the "Occupation Notice") PURCHASER beneficial occupation of the Occupation Date. 10.2. If in the sole opinion of the Seller the Purchaser's Unit will not be Practically Complete on SECTION by the date stipulated in 1.11 of the Occupation Notice CONTRACT OF SALE, provided the PURCHASER has secured the Total Consideration referred to in 1.5 of the CONTRACT OF SALE (or Amending Noticeas contemplated in paragraph 3 of the CONTRACT OF SALE). 4.2 If, however, the SELLER is of the opinion that, for whatever reason, the SECTION will not be sufficiently complete for beneficial occupation by the date specified in 1.11 of the CONTRACT OF SALE, then - 4.2.1 the Seller SELLER shall notify the PURCHASER of such fact at least 60 (SIXTY) days before such date. In such event the PURCHASER shall accept possession, occupation and use of the SECTION on the date the SELLER notifies him in writing that the SECTION will be sufficiently complete for beneficial occupation, and such subsequent date shall (subject to the provisions of paragraph 4.5 below) be deemed for all purposes to be the DATE OF POSSESSION; and 4.2.2 if the SECTION is not sufficiently complete for beneficial occupation within 8 (EIGHT) calendar months after the date specified in 1.11 of the CONTRACT OF SALE, the PURCHASER shall have the right on notice to the SELLER to resile from this CONTRACT. In such event the PURCHASER shall be entitled to issue receive a further refund of an amount equal to the aggregate of all payments made by the PURCHASER in respect of the Total Consideration referred to in 1.5 of the CONTRACT OF SALE and the PURCHASER shall have no claim of whatsoever nature or howsoever arising against the SELLER for failing for any reason to give possession, occupation and use of the SECTION to the PURCHASER on or before the DATE OF POSSESSION. 4.3 The SELLER shall be entitled to anticipate the DATE OF POSSESSION on 30 (THIRTY) days written notice to the PURCHASER provided that such anticipated date shall not be more than 120 (ONE HUNDRED AND TWENTY) days earlier than the date stated in 1.11 of the CONTRACT OF SALE. Should the SELLER bring the date of possession forward by giving the PURCHASER the written notice as aforesaid, such date shall be regarded as the DATE OF POSSESSION for the purposes of this CONTRACT (subject to the provisions of paragraph 4.5 below). 4.4 In the event of any dispute as to when or notices (whether the "Amending Notice/s") stipulating the amended date on which the Property will be available SECTION is sufficiently complete for beneficial occupation, provided a certificate by the ARCHITECT (acting as an expert and not an arbitrator) certifying that the Occupation Date stipulated in an Amending Notice SECTION is sufficiently complete for beneficial occupation, shall be at least 7 (seven) days after the Occupation Date stipulated in any notice issued immediately prior thereto. 10.3. The Seller shall, on or as soon as possible after the Occupation Date stipulated in the Occupation Notice (or an Amending Notice/s, as the case may be), furnish the Purchaser with the Practical Completion Certificate together with a copy of the Occupancy Certificate, in confirmation of the Occupation Date. 10.4. The Purchaser acknowledges that: 10.4.1. that the Practical Completion Certificate shall be a final and binding confirmation that upon the Property has reached the stage of Practical Completion as at the Occupation Date; and 10.4.2. notwithstanding Practical Completion, there may still be defects in the Property which defects shall be remedied by the Seller as provided for in this Agreementparties. 10.4.3. The date reflected in 4.5 Notwithstanding anything contained herein, the Schedule PURCHASER shall not be entitled to this Agreement as being the estimated occupation date, is only an estimate of the Occupation Date and no liability and/or penalties SECTION until such time as the Total Consideration, referred to in paragraph 1.5 of any nature whatsoever will attach the CONTRACT OF SALE, has been secured in full, as contemplated in paragraph 3 of the CONTRACT OF SALE. Should the SECTION be sufficiently complete for beneficial occupation but the amount referred to in 1.5 of the CONTRACT OF SALE not have been secured in full, then in that event (without prejudice to the Seller in SELLER’s rights to claim specific performance or to any other rights the event of the Occupation Date being delayed. 10.5. The Occupation Date shall under no circumstances be deferred nor shall the Property considered unsuitable for occupation by reason of any works on or about the Property that are not stipulated in the Plans or Specifications (as SELLER may be varied have in terms of clause 8), being incompletethis CONTRACT or at law) possession and occupation of the SECTION shall only be given to the PURCHASER once such amount has been secured and the date of securement shall be regarded as the DATE OF POSSESSION for the purposes of this CONTRACT.

Occupation date. 10.1. 4.1 The Seller shall SELLER hereby undertakes to use its best endeavours to give to the Purchaser no less than 30 (thirty) days’ written notice (the "Occupation Notice") PURCHASER beneficial occupation of the Occupation Date. 10.2. If in the sole opinion of the Seller the Purchaser's Unit will not be Practically Complete on SECTION by the date stipulated in 1.7 of the Occupation Notice AGREEMENT, provided the PURCHASER has secured the Total Consideration referred to in 1.3 of the AGREEMENT (or Amending Noticeas contemplated in paragraph 3 of the CONTRACT). 4.2 If, however, the SELLER is of the opinion that, for whatever reason, the SECTION will not be sufficiently complete for beneficial occupation by the date specified in 1.7 of the AGREEMENT, then - 4.2.1 the Seller SELLER shall notify the PURCHASER in writing of such fact at least 30 (THIRTY) days before such date and shall specify in such notice the later date that the SECTION shall be complete for the purposes of beneficial occupation (which date shall not be more than 9 (NINE) calendar months after the date specified in 1.7 of the AGREEMENT) and such later date shall be deemed for all purposes to be the DATE OF POSSESSION (subject to the provisions of paragraphs 4.2.2 and 4.5 below); and 4.2.2 if the SECTION is not sufficiently complete for beneficial occupation within 6 (SIX) calendar months of the date specified in 1.7 of the CONTRACT OF SALE, the PURCHASER shall have the right, on notice to the SELLER, to resile from this CONTRACT provided that such notice is received by the SELLER within 14 (FOURTEEN) days of the expiry of the aforesaid 9 (NINE) calendar month period. In the event of the PURCHASER so resiling, the PURCHASER shall be entitled to issue receive a further written notice or notices (refund of an amount equal to the "Amending Notice/s") stipulating aggregate of all payments made by the amended date on which the Property will be available for occupation, provided that the Occupation Date stipulated PURCHASER in an Amending Notice shall be at least 7 (seven) days after the Occupation Date stipulated in any notice issued immediately prior thereto. 10.3. The Seller shall, on or as soon as possible after the Occupation Date stipulated in the Occupation Notice (or an Amending Notice/s, as the case may be), furnish the Purchaser with the Practical Completion Certificate together with a copy respect of the Occupancy Certificate, Total Consideration referred to in confirmation 1.3 of the Occupation Date. 10.4AGREEMENT and the PURCHASER shall have no claim of whatsoever nature or howsoever arising against the SELLER for failing for any reason to give possession, occupation and use of the SECTION to the PURCHASER timeously. The Purchaser acknowledges that: 10.4.1. that (In the Practical Completion Certificate shall be a final and binding confirmation that event of the Property has reached the stage of Practical Completion as at the Occupation Date; and 10.4.2. notwithstanding Practical CompletionPURCHASER not resiling from this CONTRACT, there may still be defects in the Property which defects shall be remedied by the Seller as provided for in this Agreementparagraph 4.2.2, notwithstanding the fact that the SECTION is not complete for the purposes of beneficial occupation within a period of 9 (NINE) calendar months from the date stated in 1.7 of the AGREEMENT, then, in that event, this CONTRACT shall continue to be of full force and effect between the parties and the PURCHASER shall take occupation of the SECTION on the date, 30 (THIRTY) days after the SELLER gives the PURCHASER written notice that it is complete for beneficial occupation (which date shall be deemed for all purposes to be the DATE OF POSSESSION subject to provisions of paragraph 4.5 below). 10.4.34.3 The SELLER shall be entitled to anticipate the DATE OF OCCUPATION on 30 (THIRTY) days written notice to the PURCHASER provided that such anticipated date shall not be more than 120 (ONE HUNDRED AND TWENTY) days earlier than the date stated in 1.7 of the AGREEMENT. The Should the SELLER bring the date reflected of possession forward by giving the PURCHASER the written notice as aforesaid, such date shall be regarded as the DATE OF POSSESSION for the purposes of this CONTRACT (subject to the provisions of paragraph 4.6 below). 4.4 Once the SELLER has notified the PURCHASER of the date of occupation and the SELLER is in the Schedule to this Agreement as being the estimated occupation date, is only an estimate possession of the Occupation Date and no liability and/or penalties Certificate, the PURCHASER must take occupation of any nature whatsoever will attach the section on the date specified in the Notice. The PURCHASER shall be liable to pay to the Seller SELLER occupational rent, at the amount specified in 1.6 of the schedule, pending date of registration of the section into the PURCHASER’S name. Failure by the PURCHASER to take occupation of the section on the date of occupation shall not absolve the PURCHASER from paying occupational rent. Should the PURCHASER elect to take occupation of the section on date of registration of transfer, the PURCHASER shall be liable to pay occupational rent as though the PURCHASER had taken occupation of the section on date of occupation. 4.5 In the event of any dispute arising as to when or whether the Occupation Date being delayedSECTION is sufficiently complete for beneficial occupation, a certificate by the ARCHITECT (acting as an expert and not an arbitrator) certifying that the SECTION is sufficiently complete for beneficial occupation, shall be final and binding upon the parties. 10.5. The Occupation Date 4.6 Notwithstanding anything contained herein, the PURCHASER shall under no circumstances not be deferred nor shall entitled to occupation of the Property considered unsuitable SECTION until such time as: 4.6.1 the PURCHASER has secured the payment of the Total Consideration, referred to in paragraph 1.3 of the AGREEMENT, as contemplated in paragraph 3 of the CONTRACT; 4.6.2 the PURCHASER has signed all the CONVEYANCERS documentation, provided all the information and documentation for occupation by reason the purposes of any works on or about transfer, and has paid the Property that are not stipulated costs, as contemplated in paragraph 7.1.1 of the Plans or Specifications (as may be varied CONDITIONS OF SALE and; 4.6.3 the PURCHASER is up to date with the payments of the levy, occupational interest, electricity, water, and all other amounts the PURCHASER is responsible for payment of in terms of clause 8)the CONTRACT. Should the SECTION be sufficiently complete for beneficial occupation but the PURCHASER has not complied with its obligations as referred to above, being incompletethen in that event, without prejudice to the SELLER’s rights to claim specific performance or to any other rights the SELLER may have in terms of this CONTRACT or at law, and at the SELLER’s election, possession and occupation of the SECTION shall only be given to the PURCHASER once it has complied with its aforesaid obligations and such date of compliance shall be regarded as the DATE OF POSSESSION for the purposes of this CONTRACT.

Occupation date. 10.1. 9.1 The Seller shall SELLER hereby undertakes to use its best endeavours to give to the Purchaser no less than 30 (thirty) days’ written notice (the "Occupation Notice") PURCHASER occupation and possession of the Occupation Date. 10.2. If in the sole opinion of the Seller the Purchaser's Unit will not be Practically Complete on SECTION by the date stipulated in 3.10 of the Occupation Notice AGREEMENT, provided the PURCHASER has secured payment of the Total Consideration referred to in 3.2 of the AGREEMENT and the PURCHASER shall be obliged to accept occupation on such date. 9.2 If, however, the SELLER is of the opinion that, for whatever reason, the SECTION will not be sufficiently complete for occupation by the date specified in 3.10 of the AGREEMENT, then:- 9.2.1 the SELLER shall notify the PURCHASER of such fact at least 30 (THIRTY) days before such date. In such event the PURCHASER shall accept possession, occupation and use of the SECTION on the date the SELLER notifies him in writing that the SECTION will be sufficiently complete for occupation, and such subsequent date shall (subject to the provisions of clause 10 below) be deemed for all purposes to be the OCCUPATION DATE. There shall be no limit on the number of times the SELLER can extend the OCCUPATION DATE in terms of this clause 9.2.1; and 9.2.2 if the SECTION is not sufficiently complete for occupation within 24 (TWENTY FOUR) calendar months after the date specified in 3.10 of the AGREEMENT or Amending Notice)if the Sectional Plan is not registered within 30 months, then the Seller PURCHASER shall have the right on notice to the SELLER to resile from this AGREEMENT. In such event: 9.2.2.1 the PURCHASER shall be entitled to issue receive a further refund of an amount equal to the aggregate of all payments made by the PURCHASER in respect of the Total Consideration referred to in 3.2 of the AGREEMENT; and 9.2.2.2 the PURCHASER shall have no claim of whatsoever nature or howsoever arising against the SELLER for failing for any reason to give possession, occupation and use of the SECTION to the PURCHASER on or before the DATE OF OCCUPATION. 9.3 The SELLER shall be entitled to anticipate the DATE OF OCCUPATION on 60 (SIXTY) days written notice to the PURCHASER provided that such anticipated date shall not be more than 120 (ONE HUNDRED AND TWENTY) days earlier than the date stated in 3.10 of the AGREEMENT. Should the SELLER bring the date of occupation forward by giving the PURCHASER the written notice as aforesaid, such date shall be regarded as the DATE OF OCCUPATION for the purposes of this AGREEMENT (subject to the provisions of clause 10 below). 9.4 In the event of any dispute as to when or notices (whether the "Amending Notice/s") stipulating the amended date on which the Property will be available SECTION is sufficiently complete for occupation, provided a certificate by the ARCHITECT (acting as an expert and not an arbitrator) certifying that the Occupation Date stipulated in an Amending Notice SECTION is sufficiently complete for occupation, shall be at least 7 (seven) days after the Occupation Date stipulated in any notice issued immediately prior thereto. 10.3. The Seller shall, on or as soon as possible after the Occupation Date stipulated in the Occupation Notice (or an Amending Notice/s, as the case may be), furnish the Purchaser with the Practical Completion Certificate together with a copy of the Occupancy Certificate, in confirmation of the Occupation Date. 10.4. The Purchaser acknowledges that: 10.4.1. that the Practical Completion Certificate shall be a final and binding confirmation that upon the Property has reached the stage of Practical Completion as at the Occupation Date; and 10.4.2. notwithstanding Practical Completion, there may still be defects in the Property which defects shall be remedied by the Seller as provided for in this Agreementparties. 10.4.3. The date reflected in 9.5 Notwithstanding anything contained herein, the Schedule PURCHASER shall not be entitled to this Agreement as being the estimated occupation date, is only an estimate of the Occupation Date and no liability and/or penalties SECTION until such time as the Total Consideration, referred to in paragraph 3.2 of any nature whatsoever will attach the AGREEMENT, has been paid in full to the Seller in SELLER Should the event of the Occupation Date being delayed. 10.5. The Occupation Date shall under no circumstances SECTION be deferred nor shall the Property considered unsuitable sufficiently complete for occupation by reason of but the amount referred to in 3.2 not have been paid in full to the SELLER, then in that event, (without prejudice to the SELLER’S right to claim specific performance from the PURCHASER or to any works on or about other rights the Property that are not stipulated in the Plans or Specifications (as SELLER may be varied have in terms of clause 8)this AGREEMENT or at law), being incompletepossession and occupation of the SECTION shall only be given to the PURCHASER once such amount has been paid and the date of such payment shall be regarded as the DATE OF OCCUPATION for the purposes of this AGREEMENT.

Occupation date. 10.1. 4.1 The Seller shall SELLER hereby undertakes to use its best endeavours to give to the Purchaser no less than 30 (thirty) days’ written notice (the "Occupation Notice") PURCHASER beneficial occupation of the Occupation Date. 10.2. If in the sole opinion of the Seller the Purchaser's Unit will not be Practically Complete on SECTION by the date stipulated in 1.7 of the Occupation Notice AGREEMENT, provided the PURCHASER has secured the Total Consideration referred to in 1.3 of the AGREEMENT (or Amending Noticeas contemplated in paragraph 3 of the CONTRACT). 4.2 If, however, the SELLER is of the opinion that, for whatever reason, the SECTION will not be sufficiently complete for beneficial occupation by the date specified in 1.7 of the AGREEMENT, then - 4.2.1 the Seller SELLER shall notify the PURCHASER in writing of such fact at least 30 (THIRTY) days before such date and shall specify in such notice the later date that the SECTION shall be complete for the purposes of beneficial occupation (which date shall not be more than 9 (NINE) calendar months after the date specified in 1.7 of the AGREEMENT) and such later date shall be deemed for all purposes to be the DATE OF POSSESSION (subject to the provisions of paragraphs 4.2.2 and 4.5 below); and 4.2.2 if the SECTION is not sufficiently complete for beneficial occupation within 6 (SIX) calendar months of the date specified in 1.7 of the CONTRACT OF SALE, the PURCHASER shall have the right, on notice to the SELLER, to resile from this CONTRACT provided that such notice is received by the SELLER within 14 (FOURTEEN) days of the expiry of the aforesaid 9 (NINE) calendar month period. In the event of the PURCHASER so resiiling, the PURCHASER shall be entitled to issue receive a further written notice or notices (refund of an amount equal to the "Amending Notice/s") stipulating aggregate of all payments made by the amended date on which the Property will be available for occupation, provided that the Occupation Date stipulated PURCHASER in an Amending Notice shall be at least 7 (seven) days after the Occupation Date stipulated in any notice issued immediately prior thereto. 10.3. The Seller shall, on or as soon as possible after the Occupation Date stipulated in the Occupation Notice (or an Amending Notice/s, as the case may be), furnish the Purchaser with the Practical Completion Certificate together with a copy respect of the Occupancy Certificate, Total Consideration referred to in confirmation 1.3 of the Occupation Date. 10.4AGREEMENT and the PURCHASER shall have no claim of whatsoever nature or howsoever arising against the SELLER for failing for any reason to give possession, occupation and use of the SECTION to the PURCHASER timeously. The Purchaser acknowledges that: 10.4.1. that (In the Practical Completion Certificate shall be a final and binding confirmation that event of the Property has reached the stage of Practical Completion as at the Occupation Date; and 10.4.2. notwithstanding Practical CompletionPURCHASER not resiling from this CONTRACT, there may still be defects in the Property which defects shall be remedied by the Seller as provided for in this Agreementparagraph 4.2.2, notwithstanding the fact that the SECTION is not complete for the purposes of beneficial occupation within a period of 9 (NINE) calendar months from the date stated in 1.7 of the AGREEMENT, then, in that event, this CONTRACT shall continue to be of full force and effect between the parties and the PURCHASER shall take occupation of the SECTION on the date, 30 (THIRTY) days after the SELLER gives the PURCHASER written notice that it is complete for beneficial occupation (which date shall be deemed for all purposes to be the DATE OF POSSESSION subject to provisions of paragraph 4.5 below). 10.4.3. 4.3 The SELLER shall be entitled to anticipate the DATE OF OCCUPATION on 30 (THIRTY) days written notice to the PURCHASER provided that such anticipated date reflected shall not be more than 120 (ONE HUNDRED AND TWENTY) days earlier than the date stated in the Schedule to this Agreement as being the estimated occupation date, is only an estimate 1.7 of the Occupation Date and no liability and/or penalties AGREEMENT. Should the SELLER bring the date of any nature whatsoever will attach possession forward by giving the PURCHASER the written notice as aforesaid, such date shall be regarded as the DATE OF POSSESSION for the purposes of this CONTRACT (subject to the Seller in provisions of paragraph 4.5 below). 4.4 In the event of any dispute arising as to when or whether the Occupation Date being delayedSECTION is sufficiently complete for beneficial occupation, a certificate by the ARCHITECT (acting as an expert and not an arbitrator) certifying that the SECTION is sufficiently complete for beneficial occupation, shall be final and binding upon the parties. 10.5. The Occupation Date 4.5 Notwithstanding anything contained herein, the PURCHASER shall under no circumstances not be deferred nor shall entitled to occupation of the Property considered unsuitable SECTION until such time as: 4.5.1 the PURCHASER has secured the payment of the Total Consideration, referred to in paragraph 1.3 of the AGREEMENT, as contemplated in paragraph 3 of the CONTRACT; 4.5.2 the PURCHASER has signed all the CONVEYANCERS documentation, provided all the information and documentation for occupation by reason the purposes of any works on or about transfer and has paid the Property that are not stipulated costs, as contemplated in paragraph 7.1.1 of the Plans or Specifications (as may be varied CONDITIONS OF SALE and; 4.5.3 the PURCHASER is up to date with the payments of the levy, occupational interest, electricity, water and all other amounts the PURCHASER is responsible for payment of in terms of clause 8)the CONTRACT. Should the SECTION be sufficiently complete for beneficial occupation but the PURCHASER not have complied with its obligations as referred to above, being incompletethen in that event, without prejudice to the SELLER’s rights to claim specific performance or to any other rights the SELLER may have in terms of this CONTRACT or at law, and at the SELLER’s election, possession and occupation of the SECTION shall only be given to the PURCHASER once it has complied with its aforesaid obligations and such date of compliance shall be regarded as the DATE OF POSSESSION for the purposes of this CONTRACT.