OCCUPATION. 7.1 The Seller anticipates that the building will have reached practical completion by the Anticipated Occupation Date, but does not warrant that date, as the practical completion of the building may be influenced by matters such as, red tape, regulatory and/or local authority and/or deeds office and/or surveyor general delays, strikes, lock out, inclement weather, the lack of materials or the like and the Seller reserves the right in its sole discretion to advise the Purchaser of the amendment of the Anticipated Occupation Date. 7.2 If beneficial occupation is not given to the Purchaser within 6 (six) calendar months of the Anticipated Occupation Date, the Purchaser and the Seller shall each have the right on notice to the other of them to resile from this Agreement. In such event the Purchaser shall be entitled to receive a refund on all payments made by the Purchaser in terms hereof. 7.3 The Purchaser shall have no claim of whatsoever nature or howsoever arising against the Seller for failure for any reason to give occupation to the Purchaser on the Anticipated Occupation Date. 7.4 Subject to the Purchaser having paid on due date deposits, levies, legal costs, and any other amounts due by the Purchaser in terms of this Agreement, have been paid or secured; occupation of the Section shall be given to and taken by the Purchaser on the Anticipated Occupation Date. The Seller shall make every effort to ensure that the Unit is ready for occupation on the Anticipated Occupation Date, however; the Seller does not warrant that the Unit will be ready for occupation on the said date. In the event that the Unit is ready for occupation either before or after the Anticipated Occupation Date, the Purchaser shall take occupation on the date as advised in terms of Clause 7.1 and shall have no claim whatsoever whether for damages, specific performance or otherwise against the Seller arising from the advised occupation in differing from the Anticipated Occupation Date. 7.5 In the event of the Occupation Date preceding the Transfer Date the Purchaser shall pay rental as set out in the Transaction Schedule to the Seller. The Purchaser’s obligation to pay the rental as stipulated in the Transaction Schedule shall commence from the Occupation Date. 7.6 It is recorded that the Purchaser is aware that, on the Occupation Date, the building, common property, and other Sections may be incomplete and under construction and that the Purchaser must necessarily suffer inconvenience from building operations and from noise and dust resulting there from. The Purchaser shall not be entitled to cancel this Agreement nor have any claim whatsoever against the Seller by reason of any of the aforegoing. 7.7 The Parties shall jointly, within 7 (Seven) days of the Occupation Date, compile a list of any defects in the Unit (“the snag list”) after which the Seller will, as soon as practically possible attend to all items on the said snag list. 7.8 From the Occupation Date until the Transfer Date the Purchaser shall: 7.8.1 Keep the Section in good repair; 7.8.2 Permit the Seller or his Agent at all reasonable times to enter and inspect the Section; 7.8.3 Be responsible for all costs of electricity and water consumed in the Section insofar as these may be separately metered; 7.8.4 Not make any alterations or additions to the Section, alter the color Scheme or redecorate, without the Seller’s prior written consent; 7.8.5 Save insofar as may be inconsistent with the provisions of this Agreement, be responsible for all other obligations of an owner as set out in the Act; 7.8.6 Comply with all Rules and Regulations applicable to the Scheme; 7.8.7 Be liable for levies payable calculated in accordance with the participation quota attributable to the Section as if the Purchaser was the registered owner of the Section. Such levies shall be paid monthly in advance to the Seller on the first day of each and every calendar month provided that if the Occupation date falls on any day other than the first day of a calendar month, then the Purchaser shall pay pro-rata share of the levies due for the remainder of such calendar month. After the Transfer Date the levies shall be paid to the Body Corporate. 7.9 Save insofar as may be inconsistent with the provisions of this Agreement, the provisions of Sections 44(1) of the Act shall apply.
Appears in 1 contract
OCCUPATION.
7.1 The Seller anticipates that Occupation of the building will have reached practical completion Unit shall, at the election of the Purchaser, be given to and taken by the Anticipated Purchaser on the Occupation Date, but notwithstanding the Transfer Date. The Seller, however, does not warrant that date, as the practical completion of the building may Unit will be influenced by matters such as, red tape, regulatory and/or local authority and/or deeds office and/or surveyor general delays, strikes, lock out, inclement weather, the lack of materials or the like and the Seller reserves the right in its sole discretion to advise the Purchaser of the amendment of ready for occupation on the Anticipated Occupation Date.
7.2 If beneficial Date and should the Unit not be available for occupation is not given to the Purchaser within 6 (six) calendar months of on the Anticipated Occupation Date, the Purchaser and the Seller shall each have the right on notice to the other of them to resile from this Agreement. In such event Date the Purchaser shall have no claim against the Seller arising from such late occupation. The Purchaser shall not be entitled to receive a refund on all payments made by take occupation of the Unit unless the Purchaser in terms hereof.
7.3 has, to the satisfaction of the Conveyancers, secured the full purchase price and signed all transfer documentation. The Purchaser shall have no claim of whatsoever nature or howsoever arising against the Seller for as a result of the failure for any reason to give occupation to the Purchaser on the Anticipated Occupation Date.
7.4 Subject . In the event of any dispute as to the Purchaser having paid on due date deposits, levies, legal costs, and any other amounts due by the Purchaser in terms of this Agreement, have been paid or secured; when occupation of the Section shall Unit may be given to and taken given, a certificate by the Purchaser on the Anticipated Occupation Date. The Seller shall make every effort to ensure Scheme’s Architect (acting as expert and not as an arbitrator) certifying that the Unit is ready for occupation shall be final and binding on the Anticipated Occupation Date, however; the Seller does not warrant that the Unit will be ready for occupation on the said date. In the event that the Unit is ready for occupation either before or after the Anticipated Occupation Date, the Purchaser shall take occupation on the date as advised in terms of Clause 7.1 and shall have no claim whatsoever whether for damages, specific performance or otherwise against the Seller arising from the advised occupation in differing from the Anticipated Occupation Date.
7.5 In the event of the Occupation Date preceding the Transfer Date the Purchaser shall pay rental as set out in the Transaction Schedule to the Sellerparties. The Purchaser’s obligation to pay the rental as stipulated in the Transaction Schedule shall commence from the Occupation Date.
7.6 It is recorded that the Purchaser is aware acknowledges that, on the Occupation Date, the building, common property, and other Sections Buildings may be incomplete and under construction and that occupants of the Purchaser must necessarily Unit may consequently suffer inconvenience from building operations and from noise and the dust resulting there from. The therefrom and that the Purchaser shall not be entitled to cancel this Agreement nor have any no claim whatsoever against the Seller by reason of any such inconvenience. Prior to the Occupation Date of the aforegoing.
7.7 Unit, the Purchaser shall be entitled, at reasonable times and with prior written arrangement with the Seller, to gain access to the site but hereby indemnifies the Seller against any claims for damages or personal injury he/she/it may have as a result of the site visit. The Parties Purchaser shall jointly, not be entitled to demand any amendments or repairs to the Unit prior to the Date of Occupation other than in accordance with clause 7.1.2 below. In the event that the Purchaser fails to inspect the Unit within 7 (Sevenseven) days as prescribed in clause 7.1.2 hereof, the Purchaser automatically consents that the Unit may be inspected by the Scheme’s Architect and the Scheme’s Architect acting reasonably and diligently, may complete the snag list on behalf of the Purchaser and provide such list to the Seller for remedial work to be carried out. Notwithstanding the operation of this clause 5.7, the condition contained in clause 7.1.2 hereof shall be applicable to the Seller and Purchaser as if the Purchaser has completed the snag list in person. On and with effect from the Occupation Date until the Transfer Date, the Purchaser shall pay to the Seller, monthly in advance, Occupation Rental at the rate calculated on the Purchase Price and set forth in paragraph 7 of the Schedule of Particulars. The Purchaser hereby consents that the Conveyancers may set off any amount owing in respect of Occupational Rental of the Unit (if applicable) as set out in clause 6.1 above, against interest earned on the Purchaser's invested deposit or the Balance of the Purchase Price, which Occupational Rental shall be paid directly to the Seller. From the Occupation Date, compile the Purchaser shall: comply with the provision of the Act, STSMA and the rules which will be applicable to the Scheme on the basis that the Seller shall, until the body corporate comes into being, enjoy the same rights and powers as the body corporate and the trustees enjoy in terms of such rules; on the Inspection Date a list representative of the Seller and the Purchaser shall inspect the Unit and the Purchaser shall point out to the Seller’s representative any defects keys, locks, windows, fixture, wash-basins, toilets or any other installations contained in or which should be contained in the Unit which are defective or missing or not in conformity with the requirements of the relevant plans, which defective, missing or broken items shall be recorded in a schedule with full particulars which shall be signed by the Purchaser and the Seller’s representative (hereinafter referred to as the “snag list”). Save for the items recorded in the snag list”) after , the Purchaser shall be deemed to have acknowledged that neither the Unit nor any other keys, locks, windows, fixtures, fittings, wash-basins, toilets, other installations or the roof are defective or missing or not in conformity with what has been agreed by the Parties and that the Unit has been delivered to the Purchaser complete in all respects and suitable in all respects for the purposes for which it is sold, provided that same shall not preclude a claim against the builder in accordance with the Housing Consumers Protection Measures Act, No. 95 of 1998. The Seller will, as soon as practically possible shall furnish a copy of the snag list to the building contractor who shall liaise with the Purchaser and who shall attend to all items on the said snag list.
7.8 From list prior to the Occupation Date until the Transfer Date the Purchaser shall:
7.8.1 Keep the Section in good repair;
7.8.2 Permit the Seller or his Agent at all reasonable times to enter and inspect the Section;
7.8.3 Be responsible for all costs of electricity and water consumed in the Section insofar as these may be separately metered;
7.8.4 Not make any alterations or additions Date, to the Section, alter the color Scheme or redecorate, without the Seller’s prior written consent;
7.8.5 Save insofar as may be inconsistent with the provisions of this Agreement, be responsible for all other obligations of an owner as set out in the Act;
7.8.6 Comply with all Rules and Regulations applicable to the Scheme;
7.8.7 Be liable for levies payable calculated in accordance with the participation quota attributable to the Section as if the Purchaser was the registered owner reasonable satisfaction of the Section. Such levies shall be paid monthly in advance to the Seller on the first day of each and every calendar month provided that if the Occupation date falls on any day other than the first day of a calendar month, then the Purchaser shall pay pro-rata share of the levies due for the remainder of such calendar month. After the Transfer Date the levies shall be paid to the Body Corporate.
7.9 Save insofar as may be inconsistent with the provisions of this Agreement, the provisions of Sections 44(1) of the Act shall apply.Purchaser;
Appears in 1 contract
Samples: Purchase and Sale Agreement
OCCUPATION.
7.1 The Seller anticipates that 4.1 If the building will Leased Premises have reached practical completion not been constructed and/or are in the course of construction and/or should the Tenant installations not have been completed or are in the course of being completed, when this Lease is signed, the Leased Premises shall be regarded as available for occupation by the Anticipated Occupation Date, but does not warrant that date, Tenant as soon as the practical completion interior of the building may Leased Premises has been completed and is fit for occupation by the Tenant and adequate access can be influenced gained thereto, notwithstanding if the exterior of the Building has not been completed.
4.2 If the Landlord is unable to give the Tenant occupation of the Leased Premises on the dates stipulated as the Commencement Date for any reason whatsoever, whether or not occasioned by matters such asnegligence of the Landlord, red tapeits servants, regulatory and/or local authority and/or deeds office and/or surveyor general delaysdirectors or its agents or independent Contractors including, strikes, lock out, inclement weatherwithout limiting the generality of the aforegoing, the lack Leased Premises being incomplete or in a state of materials disrepair, or an existing Tenant not having vacated the like and the Seller reserves the right in its sole discretion to advise the Purchaser of the amendment of the Anticipated Occupation Date.
7.2 If beneficial occupation is not given to the Purchaser within 6 (six) calendar months of the Anticipated Occupation DateLeased Premises, the Purchaser and the Seller shall each have the right on notice to the other of them to resile from this Agreement. In such event the Purchaser shall be entitled to receive a refund on all payments made by the Purchaser in terms hereof.
7.3 The Purchaser Tenant shall have no claim for damages or right of whatsoever nature cancellation or howsoever arising against the Seller for failure for any reason to give occupation to the Purchaser on the Anticipated Occupation Date.
7.4 Subject to the Purchaser having paid on due date deposits, levies, legal costs, and remission of rental or any other amounts due by the Purchaser in terms of this Agreement, have been paid or secured; occupation of the Section claim and shall be given to and taken by the Purchaser on the Anticipated Occupation Date. The Seller shall make every effort to ensure that the Unit is ready for accept occupation on such later date on which the Anticipated Occupation Date, however; the Seller does not warrant that the Unit will be ready for occupation on the said dateLeased Premises are available. In the event that the Unit is ready for occupation either before or after the Anticipated Occupation Dateof such a delay, the Purchaser duration of the Lease shall take occupation on remain unaltered and the date as advised in terms of Clause 7.1 Commencement Date and the Termination Date shall have no claim whatsoever whether for damages, specific performance or otherwise against the Seller arising from the advised occupation in differing from the Anticipated Occupation Datebe extended accordingly.
7.5 In 4.3 Should the event Buildings be incomplete at the commencement of the Occupation Date preceding the Transfer Date the Purchaser shall pay rental as set out in the Transaction Schedule to the Seller. The Purchaser’s obligation to pay the rental as stipulated in the Transaction Schedule shall commence from the Occupation Date.
7.6 It is recorded that the Purchaser is aware that, on the Occupation Datethis Lease, the building, common property, and other Sections Tenant acknowledges that it may be incomplete and under construction and that the Purchaser must necessarily suffer a certain amount of inconvenience from building Building operations and from noise and dust resulting there from. The Purchaser shall not be entitled to cancel this Agreement nor therefrom, as well as from interruption in the supply of electricity, water, gas, air conditioning or other amenities or the complete cessation of such amenities and that it will have any no claim whatsoever against the Seller Landlord or its agents for compensation, damages or for remission of rent or cancellation or any other claim by reason of any such inconvenience during the period of completion [whether or not occasioned by the negligence of the aforegoingLandlord, its servants, directors, agents or employees].
7.7 The Parties 4.4 Unless postponed by the Landlord in writing, the commencement date shall jointly, within 7 (Seven) days be the date stipulated in item 1.6.1 of the Occupation Date, compile a list Schedule.
4.5 In the event of any defects dispute as to the date when the Leased Premises are or were ready for occupation, or in respect of any other dispute arising regarding the Unit (“Tenant’s obligations in terms of clauses 4.2 and 4.4, such dispute shall be submitted for determination to the snag list”) after which the Seller willLandlord’s Architect acting as an expert, as soon as practically possible attend to all items whose decision shall be final and binding on the said snag listTenant and the Landlord, and the Landlord’s Architect’s certificate shall constitute prima facie evidence thereof.
7.8 From the Occupation Date until the Transfer Date the Purchaser shall:
7.8.1 Keep the Section in good repair;
7.8.2 Permit the Seller or his Agent at all reasonable times to enter and inspect the Section;
7.8.3 Be responsible for all costs of electricity and water consumed in the Section insofar as these may be separately metered;
7.8.4 Not make any alterations or additions to the Section, alter the color Scheme or redecorate, without the Seller’s prior written consent;
7.8.5 Save insofar as may be inconsistent with the provisions 4.6 Upon due execution of this AgreementLease, be responsible for all any duly accepted offer to lease, heads of agreement or other obligations form of an owner as set out agreement between the parties in the Act;
7.8.6 Comply with all Rules and Regulations applicable to the Scheme;
7.8.7 Be liable for levies payable calculated in accordance with the participation quota attributable to the Section as if the Purchaser was the registered owner respect of the Section. Such levies Leased Premises shall be paid monthly in advance to the Seller on the first day of each cancelled and every calendar month provided that if the Occupation date falls on any day other than the first day of a calendar month, then the Purchaser shall pay pro-rata share of the levies due for the remainder of such calendar month. After the Transfer Date the levies this Lease shall be paid to the Body Corporatesole agreement governing the contract between them.
7.9 Save insofar as may be inconsistent with the provisions of this Agreement, the provisions of Sections 44(1) of the Act shall apply.
Appears in 1 contract
OCCUPATION.
7.1 The Seller anticipates that Occupation of the building will have reached practical completion Unit shall be given to and taken by the Anticipated Purchaser on the Occupation DateDate from which date the risk, but profit and loss in the Unit shall pass to the Purchaser. The Seller, however, does not warrant that date, as the practical completion Unit will be ready for occupation on the anticipated Occupation Date and should the Unit not be available for occupation on the anticipated Occupation Date the Purchaser shall have no claim against the Seller arising from such late occupation. The Purchaser shall not be entitled to take occupation of the building may be influenced by matters such asUnit unless the Purchaser has, red tapeto the satisfaction of the Seller’s Conveyancers, regulatory and/or local authority and/or deeds office and/or surveyor general delays, strikes, lock out, inclement weather, secured the lack of materials or the like full purchase price and signed all transfer documentation. If the Seller reserves the right in its sole discretion is unable, for any reason whatsoever, to advise the Purchaser give occupation of the amendment of the Anticipated Occupation Date.
7.2 If beneficial occupation is not given Unit to the Purchaser within 6 (six) calendar months of on the Anticipated Occupation Dateanticipated occupation date, the Purchaser and shall accept occupation of the Seller shall each have property on the right earliest date thereafter on which the Seller, by written notice of not less than 7 (seven) days to the other of them Purchaser, is able to resile from this Agreement. In give occupation and such event the Purchaser subsequent date shall be entitled deemed, for all purposes, to receive a refund on all payments made by be the Purchaser in terms hereof.
7.3 The Occupation Date. Save as aforesaid, the Purchaser shall have no claim of whatsoever nature or howsoever arising against the Seller for failure for any reason to give occupation to the Purchaser on the Anticipated anticipated Occupation Date.
7.4 Subject . In the event of any dispute as to the Purchaser having paid on due date deposits, levies, legal costs, and any other amounts due by the Purchaser in terms of this Agreement, have been paid or secured; when occupation of the Section shall Unit may be given to and taken given, a certificate by the Purchaser on the Anticipated Occupation Date. The Seller shall make every effort to ensure Scheme’s Architect (acting as expert and not as an arbitrator) certifying that the Unit is ready for occupation shall be final and binding on the Anticipated Occupation Date, however; the Seller does not warrant that the Unit will be ready for occupation on the said dateparties. In the event that the Unit is ready for occupation either before or after the Anticipated Occupation Date, the Purchaser shall take occupation on of a dispute the date as advised in terms of Clause 7.1 and shall have no claim whatsoever whether for damages, specific performance or otherwise against the Seller arising from the advised occupation in differing from the Anticipated Occupation Date.
7.5 In the event of the Occupation Date preceding the Transfer Date the Purchaser Architect’s certificate shall pay rental as set out in the Transaction Schedule be deemed to the Seller. The Purchaser’s obligation to pay the rental as stipulated in the Transaction Schedule shall commence from be the Occupation Date.
7.6 It is recorded that the . The Purchaser is aware acknowledges that, on the Occupation Date, the building, common property, and other Sections buildings may be incomplete and under construction and that occupants of the Purchaser must necessarily Unit may consequently suffer inconvenience from building operations and from noise and the dust resulting there from. The from and that the Purchaser shall not be entitled to cancel this Agreement nor have any no claim whatsoever against the Seller by reason of any such inconvenience. Prior to the Occupation Date of the aforegoing.
7.7 Unit, the Purchaser shall be entitled, at reasonable times and with prior written arrangement with the Seller, to gain access to the site but hereby indemnifies the Seller against any claims for damages or personal injury he/she/it may have as a result of the site visit. The Parties Purchaser shall jointly, not be entitled to demand any amendments or repairs to the Unit prior to the Date of Occupation where his/her/its rights in terms of clause 7.1.2 shall apply. In the event that the Purchaser fails to inspect the Unit within 7 (Sevenseven) days as prescribed in clause 6.2 hereof, the Purchaser automatically consents that the Unit may be inspected by the Architect and the said Architect may complete the snag list on behalf of the Purchaser and provide such list to the Seller for remedial work to be carried out. This condition contained in clause 6.2 hereof shall be applicable to the Seller and Purchaser as if the Purchaser has completed the snag list in person. On and with effect from the Occupation DateDate up to and including the Date of Registration of Transfer the Purchaser shall pay to the Seller, compile a list monthly in advance, Occupation Rental at the rate calculated on the purchase price and set forth in clause 11 of the schedule of particulars. The Purchaser shall be liable for Occupational Rental irrespective of whether he takes occupation or not and shall not be entitled to withhold the Occupational Rental or any defects part in respect of the work to be done as provided for in clause 7.1.2. It is hereby agreed that no tenancy shall be created by the Purchaser taking occupation prior to the Date of Registration of Transfer. The Purchaser hereby consents that the Seller’s Conveyancers may set off any amount owing in respect of Occupational Rental of the Unit (“the snag list”if applicable) after which the Seller will, as soon as practically possible attend to all items on the said snag list.
7.8 From the Occupation Date until the Transfer Date the Purchaser shall:
7.8.1 Keep the Section in good repair;
7.8.2 Permit the Seller or his Agent at all reasonable times to enter and inspect the Section;
7.8.3 Be responsible for all costs of electricity and water consumed in the Section insofar as these may be separately metered;
7.8.4 Not make any alterations or additions to the Section, alter the color Scheme or redecorate, without the Seller’s prior written consent;
7.8.5 Save insofar as may be inconsistent with the provisions of this Agreement, be responsible for all other obligations of an owner as set out in clause 6 hereof, against interest earned on the Act;
7.8.6 Comply with all Rules and Regulations applicable to the Scheme;
7.8.7 Be liable for levies payable calculated in accordance with the participation quota attributable to the Section as if the Purchaser was the registered owner of the Section. Such levies Purchaser's invested deposit, which Occupational Rental shall be paid monthly in advance directly to the Seller on following the first day Date of each and every calendar month provided that if the Occupation date falls on any day other than the first day Registration of a calendar month, then the Purchaser shall pay pro-rata share of the levies due for the remainder of such calendar month. After the Transfer Date the levies shall be paid to the Body CorporateTransfer.
7.9 Save insofar as may be inconsistent with the provisions of this Agreement, the provisions of Sections 44(1) of the Act shall apply.
Appears in 1 contract
Samples: Purchase and Sale Agreement
OCCUPATION.
7.1 The Seller anticipates that the building will have reached practical completion by the Anticipated Occupation Date, but does not warrant that date, as the practical completion shall give possession and occupation of the building Unit to the Purchaser on Transfer.
7.2 The Seller may be influenced by matters such as, red tape, regulatory and/or local authority and/or deeds office and/or surveyor general delays, strikes, lock out, inclement weather, give occupation of the lack of materials or Unit to the like and Purchaser before Transfer if –
7.2.1 the Seller reserves the right in its sole and absolute discretion to advise so elects; and
7.2.2 the Parties agree on the occupational rental.
7.3 If the Seller gives the Purchaser of the amendment of the Anticipated Occupation Date.
7.2 If beneficial occupation is not given prior to the Purchaser within 6 (six) calendar months of the Anticipated Occupation Datetransfer, the Purchaser following provisions shall apply:
7.3.1 No tenancy will be created and the Seller shall each have the right on notice to the other of them to resile from this Agreement. In such event the Purchaser shall be entitled to receive a refund on all payments made vacate the Unit forthwith upon demand by the Seller if the Purchaser in terms hereofbreaches this Agreement.
7.3 The 7.3.2 From the occupation date the Purchaser –
7.3.2.1 shall have no claim at all times as long as this Agreement remains in force, comply with the provisions of whatsoever nature or howsoever arising the Sectional Titles Act and the Rules;
7.3.2.2 waives all claims against the Seller for failure any loss or damage to property or any injury to person which the Purchaser may sustain in or about the Unit or the Common Property and indemnifies the Seller against any such claim that may be made against the Seller by any member of the Purchaser's family or of the Purchaser's invitees, employees, or agents for any reason loss or damage to give property or injury to person suffered in or about the Unit or the Common Property howsoever such loss or damage to property or injury to person may be caused;
7.3.2.3 shall be responsible for the payment of the initial monthly levy or all sectional title levies payable in respect of the Unit, as the case may be, and shall forthwith on demand refund to the Seller all such levies prepaid by the Seller beyond the occupation date;
7.3.2.4 shall not, without the prior written consent of the Seller, make or cause or allow to be made any improvements to the Section or remove or demolish any improvements whatsoever;
7.3.3 The Purchaser shall not, except insofar as his rights are preserved in terms of section 28 of the Sectional Titles Act, have any claim against the Seller in respect of any expenditure upon or improvements to the Section whether made with or without the Seller's consent, and notwithstanding the preservation of such rights, hereby waives all his liens (if any) in respect of such improvements. All improvements to the Section made by or at the instance or expense of the Purchaser shall accede to the Section and belong to the Seller until registration of Transfer of the Section to the Purchaser and provided that the Purchase Price has been paid in full.
7.3.4 From the occupation date the Purchaser shall –
7.3.4.1 on demand by the Seller pay the account for electricity consumed in the Section in accordance with the consumption of electricity as shown on the Anticipated Occupation Date.
7.4 Subject to the Purchaser having paid on due date deposits, levies, legal costs, and any other amounts due by the Purchaser in terms of this Agreement, have been paid or secured; occupation sub-meter of the Section shall be given to and taken by the Purchaser on the Anticipated Occupation DateSection. The Seller shall make every effort to ensure Purchaser agrees that should separate water meters be installed at any stage in the Unit is ready for occupation on the Anticipated Occupation Date, however; the Seller does not warrant that the Unit will be ready for occupation on the said date. In the event that the Unit is ready for occupation either before or after the Anticipated Occupation Datebuildings, the Purchaser shall take occupation on the date as advised in terms of Clause 7.1 and shall have no claim whatsoever whether for damages, specific performance or otherwise against demand by the Seller arising from the advised occupation in differing from the Anticipated Occupation Date.
7.5 In the event of the Occupation Date preceding the Transfer Date the Purchaser shall pay rental as set out in the Transaction Schedule to the Seller. The Purchaser’s obligation to pay Seller the rental as stipulated cost of water consumed in the Transaction Schedule shall commence from the Occupation Date.
7.6 It is recorded that the Purchaser is aware that, on the Occupation Date, the building, common property, and other Sections may be incomplete and under construction and that the Purchaser must necessarily suffer inconvenience from building operations and from noise and dust resulting there from. The Purchaser shall not be entitled to cancel this Agreement nor have any claim whatsoever against the Seller by reason of any of the aforegoing.
7.7 The Parties shall jointly, within 7 (Seven) days of the Occupation Date, compile a list of any defects in the Unit (“the snag list”) after which the Seller will, as soon as practically possible attend to all items on the said snag list.
7.8 From the Occupation Date until the Transfer Date the Purchaser shall:
7.8.1 Keep the Section in good repair;
7.8.2 Permit the Seller or his Agent at all reasonable times to enter and inspect the Section;
7.8.3 Be responsible for all costs 7.3.4.2 not do or permit to be done any act, matter or thing as a result of electricity and water consumed which any insurance policy held by the Seller in respect of the Section insofar as these buildings may be separately metered;rendered void or voidable, or as a result of which the premiums in respect thereof may be increased.
7.8.4 Not make any alterations or additions 7.3.5 Notwithstanding the provisions of the Rules under which the Purchaser is obliged to maintain the Section, alter the color Scheme Seller shall, apply any insurance proceeds received by it to the repair or redecoratereinstatement of the Section and any other damaged sections, without the Seller’s prior written consent;
7.8.5 Save insofar as may be inconsistent with the provisions of this Agreementbut shall not, in any way whatsoever, be responsible for all other obligations of an owner as set out in the Act;
7.8.6 Comply with all Rules and Regulations applicable liable to the Scheme;
7.8.7 Be liable for levies payable calculated in accordance with the participation quota attributable Purchaser if there are not proceeds or if such proceeds are inadequate to the Section as if the Purchaser was the registered owner of completely repair or reinstate the Section. Such levies shall be paid monthly in advance to the Seller on the first day of each and every calendar month provided that if the Occupation date falls on any day other than the first day of a calendar month, then the Purchaser shall pay pro-rata share of the levies due for the remainder of such calendar month. After the Transfer Date the levies shall be paid to the Body Corporate.
7.9 Save insofar as may be inconsistent with the provisions of this Agreement, the provisions of Sections 44(1) of the Act shall apply.
Appears in 1 contract
Samples: Sale Agreement
OCCUPATION.
7.1 The Seller anticipates Developer authorises the Tenant to enter into occupation of the Property and the remainder of the fifth floor of the Building with effect from the date hereof for the purpose only of carrying out the Separation Works and the Tenant’s Fitting Out Works provided that the building will have reached practical completion by Tenant shall:
7.1.1 occupy the Anticipated Occupation Date, but does not warrant that date, Property and the remainder of the fifth floor of the Building only as the practical completion licensee of the building Landlord and not otherwise
7.1.2 perform and observe the covenants and conditions contained in the Lease as if a lease in the form of the Lease had been granted so far as the same may be influenced applicable to the licence created by matters such as, red tape, regulatory and/or local authority and/or deeds office and/or surveyor general delays, strikes, lock out, inclement weather, this Agreement and
7.1.3 not occupy the lack of materials Property or the like remainder of the fifth floor of the Building for any purpose other than for the purpose only of carrying out the Separation Works and the Seller reserves the right in its sole discretion to advise the Purchaser of the amendment of the Anticipated Occupation Date.Tenant’s Fitting Out Works
7.2 If beneficial occupation is prior to completion the Tenant shall fail to perform and observe such covenants and conditions or any event happens which would entitle the Landlord to re-enter upon the Property if the proposed lease had actually been granted (whether or not given after notice) and such failure or event has not been remedied within fifteen working days from the receipt by the Tenant of notice specifying such failure or event and requiring the same to be remedied then the Purchaser within 6 (six) calendar months Landlord may terminate this agreement without prejudice to any accrued rights of action of the Anticipated Occupation Date, Landlord or the Purchaser and the Seller shall each have the right on notice to the other of them to resile from this Agreement. In such event the Purchaser shall be entitled to receive a refund on all payments made by the Purchaser in terms hereofTenant.
7.3 The Purchaser Tenant’s licence to occupy the Property and the remainder of the fifth floor of the Building shall have no claim of whatsoever nature or howsoever arising against the Seller for failure for any reason to give occupation to the Purchaser expire on the Anticipated Occupation Dateearliest of (a) the date of actual completion of the Lease (b) the date this agreement is rescinded and (c) the date this agreement is terminated.
7.4 Subject If the licence granted by this clause 7 expires other than as a result of the completion of the Lease then (save where the Developer has unreasonably or unlawfully refused to complete the Lease) the Tenant shall vacate the Property and the remainder of the fifth floor of the Building promptly after such licence has expired and shall promptly restore the Property and the remainder of the fifth floor of the Building to the Purchaser having paid on due same state of repair and condition as at the date deposits, levies, legal costs, and any other amounts due by the Purchaser in terms of this Agreement, have been paid or secured; occupation agreement. If the Tenant fails to comply with such obligations the Landlord may carry out the necessary works and the cost of the Section shall be given to and taken by the Purchaser on the Anticipated Occupation Date. The Seller shall make every effort to ensure that the Unit is ready for occupation on the Anticipated Occupation Date, however; the Seller does not warrant that the Unit will be ready for occupation on the said date. In the event that the Unit is ready for occupation either before or after the Anticipated Occupation Date, the Purchaser shall take occupation on the date as advised in terms of Clause 7.1 and shall have no claim whatsoever whether for damages, specific performance or otherwise against the Seller arising from the advised occupation in differing from the Anticipated Occupation Date.
7.5 In the event of the Occupation Date preceding the Transfer Date the Purchaser shall pay rental as set out in the Transaction Schedule to the Seller. The Purchaser’s obligation to pay the rental as stipulated in the Transaction Schedule shall commence from the Occupation Date.
7.6 It is recorded that the Purchaser is aware that, on the Occupation Date, the building, common property, and other Sections may be incomplete and under construction and that the Purchaser must necessarily suffer inconvenience from building operations and from noise and dust resulting there from. The Purchaser shall not be entitled to cancel this Agreement nor have any claim whatsoever against the Seller by reason of any of the aforegoing.
7.7 The Parties shall jointly, within 7 (Seven) days of the Occupation Date, compile a list of any defects in the Unit (“the snag list”) after which the Seller will, as soon as practically possible attend to all items on the said snag list.
7.8 From the Occupation Date until the Transfer Date the Purchaser shall:
7.8.1 Keep the Section in good repair;
7.8.2 Permit the Seller or his Agent at all reasonable times to enter and inspect the Section;
7.8.3 Be responsible for all costs of electricity and water consumed in the Section insofar as these may be separately metered;
7.8.4 Not make any alterations or additions to the Section, alter the color Scheme or redecorate, without the Seller’s prior written consent;
7.8.5 Save insofar as may be inconsistent with the provisions of this Agreement, be responsible for all other obligations of an owner as set out in the Act;
7.8.6 Comply with all Rules and Regulations applicable to the Scheme;
7.8.7 Be liable for levies payable calculated in accordance with the participation quota attributable to the Section as if the Purchaser was the registered owner of the Section. Such levies works shall be paid monthly in advance by the Tenant to the Seller on the first day Landlord within 10 Working Days of each and every calendar month provided that if the Occupation date falls on any day other than the first day of a calendar month, then the Purchaser shall pay pro-rata share of the levies due for the remainder of such calendar month. After the Transfer Date the levies shall be paid to the Body Corporate.
7.9 Save insofar as may be inconsistent with the provisions of this Agreement, the provisions of Sections 44(1) of the Act shall apply.written demand
Appears in 1 contract
Samples: Agreement for Lease (Bowne & Co Inc)
OCCUPATION.
7.1 The Seller anticipates that the building will have reached practical completion by the Anticipated Occupation Date, but does not warrant that date, as the practical completion of the building may be influenced by matters such as, red tape, regulatory and/or local authority and/or deeds office and/or surveyor general delays, strikes, lock out, inclement weather, the lack of materials or the like and the Seller reserves the right in its sole discretion to advise the Purchaser of the amendment of the Anticipated Occupation Date.
7.2 If beneficial occupation is not given to the Purchaser within 6 (six) calendar months of the Anticipated Occupation Date, the Purchaser and the Seller shall each have the right on notice to the other of them to resile from this Agreement. In such event the Purchaser shall be entitled to receive a refund on all payments made by the Purchaser in terms hereof.
7.3 The Purchaser shall have no claim of whatsoever nature or howsoever arising against the Seller for failure for any reason to give occupation to the Purchaser on the Anticipated Occupation Date.
7.4 Subject to the Purchaser having paid on due date deposits5.5 below, levies, legal costs, and any other amounts due by the Purchaser in terms of this Agreement, have been paid or secured; occupation of the Section Premises for commercial purposes shall be given to and taken by the Purchaser occur on the Anticipated Occupation Commencement Date. The Seller shall make every effort to ensure that the Unit is ready for occupation on the Anticipated Occupation Date, however; the Seller does not warrant that the Unit will be ready for occupation on the said date. In the event that of occupation of the Unit is ready for occupation either before or Premises being given to the Tenant after the Anticipated Occupation Commencement Date, the Purchaser date on which occupation is given to the Tenant shall take occupation on be deemed to be the Commencement Date and the Termination Date shall be extended accordingly. If the date as advised in terms of Clause 7.1 and shall have no claim whatsoever whether for damages, specific performance or otherwise against the Seller arising from the advised on which occupation in differing from the Anticipated Occupation Date.
7.5 In the event of the Occupation Date preceding the Transfer Date the Purchaser shall pay rental as set out in the Transaction Schedule Premises is given to the Seller. The Purchaser’s obligation to pay the rental as stipulated in the Transaction Schedule shall commence from the Occupation Date.
7.6 It is recorded that the Purchaser is aware that, on the Occupation Date, the building, common property, and other Sections may be incomplete and under construction and that the Purchaser must necessarily suffer inconvenience from building operations and from noise and dust resulting there from. The Purchaser shall Tenant does not be entitled to cancel this Agreement nor have any claim whatsoever against the Seller by reason of any of the aforegoing.
7.7 The Parties shall jointly, within 7 (Seven) days of the Occupation Date, compile a list of any defects in the Unit (“the snag list”) after which the Seller will, as soon as practically possible attend to all items on the said snag list.
7.8 From the Occupation Date until the Transfer Date the Purchaser shall:
7.8.1 Keep the Section in good repair;
7.8.2 Permit the Seller or his Agent at all reasonable times to enter and inspect the Section;
7.8.3 Be responsible for all costs of electricity and water consumed in the Section insofar as these may be separately metered;
7.8.4 Not make any alterations or additions to the Section, alter the color Scheme or redecorate, without the Seller’s prior written consent;
7.8.5 Save insofar as may be inconsistent coincide with the provisions of this Agreement, be responsible for all other obligations of an owner as set out in the Act;
7.8.6 Comply with all Rules and Regulations applicable to the Scheme;
7.8.7 Be liable for levies payable calculated in accordance with the participation quota attributable to the Section as if the Purchaser was the registered owner of the Section. Such levies shall be paid monthly in advance to the Seller on the first day of each and every calendar month provided that if the Occupation date falls on any day other than the first day of a calendar month, then the Purchaser rental and other amounts payable by the Tenant for the month during which occupation is given to the Tenant, shall pay pro-rata share be abated proportionately. The Landlord shall not be obliged to give the Tenant occupancy of the levies due Premises unless - all the obligations for occupancy provided for in this Lease, including in particular the receipt by the Landlord of the required rental deposit, guarantees and suretyships as specified in the Schedule, have been fulfilled; and this Lease has been duly completed and signed by or on behalf of the Tenant and delivered to the Landlord. The exercise by the Landlord of its rights in terms of 22.3 shall not constitute an extension of the Commencement Date, nor, in particular, relieve the Tenant from its obligations to commence paying the deposit, the monthly rent and other amounts payable by the Tenant under this Lease with effect from the Commencement Date. Notwithstanding the Commencement Date referred to in 22.1, the Landlord shall provide the Tenant with access to the Premises, in order for the remainder Tenant to undertake the Tenant Fit-Out Works, from the Beneficial Occupation Date. Access to the Premises for the purposes of such calendar month. After the Transfer Date the levies Tenant’s Fit-Out Works shall be paid given and taken at the Tenant’s own risk. Immediately upon the Tenant taking occupation of the Premises for whatever purpose the Tenant shall permit the Landlord or its agents and/or the servants of the Landlord and their agents the right of access to the Body Corporate.
7.9 Save insofar as may be inconsistent Premises in order to enable the completion of any work in the Premises which is the responsibility of the Landlord to undertake, subject to compliance with the provisions of this Agreement, the provisions of Sections 44(1) of the Act shall applyTenant's security arrangements.
Appears in 1 contract
Samples: Lease Agreement
OCCUPATION.
7.1 The Seller anticipates that the building will have reached practical completion by the Anticipated Occupation Date, but does not warrant that date, as the practical completion 11.1 Notwithstanding any receipt given for rental or deposit paid in terms of the building may be influenced by matters such as, red tape, regulatory and/or local authority and/or deeds office and/or surveyor general delays, strikes, lock out, inclement weatherlease, the lack of materials or the like and the Seller reserves the right in its sole discretion to advise the Purchaser of the amendment of the Anticipated Occupation Date.
7.2 If beneficial occupation is not given to the Purchaser within 6 (six) calendar months of the Anticipated Occupation Date, the Purchaser and the Seller shall each have the right on notice to the other of them to resile from this Agreement. In such event the Purchaser shall be entitled to receive a refund on all payments made by the Purchaser in terms hereof.
7.3 The Purchaser Lessee shall have no claim for damages or other right of whatsoever nature or howsoever arising action against the Seller for failure Lessor, nor be entitled to cancel this lease, should the Lessor be unable to give the Lessee occupation of the Premises on the date of commencement of the lease for any reason whatsoever not attributable to give occupation to the Purchaser willful default on the Anticipated Occupation Datepart of the Lessor, and the Lessee undertakes to accept occupation from whatever date the Premises are available, subject to a remission of rental in respect of the period of non-occupation.
7.4 Subject 11.2 Should the Lessee fail to the Purchaser having paid on due date deposits, levies, legal costs, and any other amounts due by the Purchaser in terms of this Agreement, have been paid or secured; take occupation of the Section Premises on the date upon which the Premises are made available to him for occupation, the Lessor may without incurring any liability whatsoever towards the Lessee immediately cancel this Agreement without notice, whereupon the Lessee shall be given to and taken forfeit the Deposit paid by him while remaining liable for any loss of rental or other losses sustained by the Purchaser on Lessor: Provided that this clause shall not apply if the Anticipated Occupation Date. The Seller shall make every effort to ensure Lessor and Lessee have agreed in writing that the Unit is ready for Lessee will not take physical occupation on of the Anticipated Occupation Date, however; the Seller does not warrant that the Unit will be ready for occupation Premises on the said date. In the event that the Unit is ready for occupation either before or after the Anticipated Occupation Date, the Purchaser shall take occupation on the date as advised in terms of Clause 7.1 and shall have no claim whatsoever whether for damages, specific performance or otherwise against the Seller arising from the advised occupation in differing from the Anticipated Occupation Date.
7.5 11.3 In the event of the Occupation Date preceding Lessee not being able to enjoy the Transfer Date beneficial occupation of the Purchaser Premises as a result of them having been materially damaged by fire, earthquakes, weather storms, riot activity or the like, and the Lessor
11.3.1 failing within 30 days of the date of the damage to give the Lessee written notice that he intends to keep the lease alive, this lease shall pay rental as set out in be deemed to have been canceled on the Transaction Schedule date that the damage occurred and the Lessor shall refund to the SellerLessee all rental paid in advance beyond the date of such damage; or
11.3.2 having given notice to the Lessee as aforesaid, the Lessor shall restore the Premises to a tenantable condition as expeditiously as practicable and the Lessee shall be entitled to a total or partial remission of rental according to the extent to which and the period for which he was deprived of beneficial occupation of the Premises. The Purchaser’s obligation to pay Save as provided in 11.3.1 and 11.3.2, the rental as stipulated in Lessee shall have no other claims whatsoever against the Transaction Schedule shall commence from the Occupation DateLessor.
7.6 It is recorded that 11.4 The Lessee may not without the Purchaser is aware that, on the Occupation Date, the building, common property, and other Sections may be incomplete and under construction and that the Purchaser must necessarily suffer inconvenience from building operations and from noise and dust resulting there from. The Purchaser Lessor’s prior written consent which shall not be entitled unreasonably withheld
11.4.1 vacate the Premises prior to cancel this Agreement nor have any claim whatsoever against the Seller by reason of any expiry of the aforegoing.lease; or
7.7 The Parties shall jointly, within 7 (Seven) days of 11.4.2 allow the Occupation Date, compile a list of Premises to remain unoccupied for any defects in the Unit (“the snag list”) after which the Seller will, as soon as practically possible attend to all items on the said snag list.period exceeding six weeks; or
7.8 From the Occupation Date until the Transfer Date the Purchaser shall:
7.8.1 Keep the Section in good repair;
7.8.2 Permit the Seller 11.4.3 permit or his Agent at all reasonable times to enter and inspect the Section;
7.8.3 Be responsible for all costs of electricity and water consumed in the Section insofar as these may be separately metered;
7.8.4 Not make allow any alterations or additions to the Section, alter the color Scheme or redecorate, without the Seller’s prior written consent;
7.8.5 Save insofar as may be inconsistent with the provisions of this Agreement, be responsible for all other obligations of an owner as set out in the Act;
7.8.6 Comply with all Rules and Regulations applicable to the Scheme;
7.8.7 Be liable for levies payable calculated in accordance with the participation quota attributable to the Section as if the Purchaser was the registered owner of the Section. Such levies shall be paid monthly in advance to the Seller on the first day of each and every calendar month provided that if the Occupation date falls on any day persons other than persons referred to in 3.2 above to occupy the first day of a calendar month, then the Purchaser shall pay pro-rata share of the levies due for the remainder of such calendar month. After the Transfer Date the levies shall be paid premises or to the Body Corporatereside therein.
7.9 Save insofar as may be inconsistent with the provisions of this Agreement, the provisions of Sections 44(1) of the Act shall apply.
Appears in 1 contract
Samples: Lease Agreement
