Common use of OCCUPATION Clause in Contracts

OCCUPATION. Occupation of the Unit shall, at the election of the Purchaser, be given to and taken by the Purchaser on the Occupation Date, notwithstanding the Transfer Date. The Seller, however, does not warrant that the 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 Unit unless the Purchaser 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 as a result of the failure for any reason to give occupation to the Purchaser on the Anticipated Occupation Date. In the event of any dispute as to when occupation of the Unit may be given, a certificate by the 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 parties. The Purchaser acknowledges that, on the Occupation Date, the Buildings may be incomplete and that occupants of the Unit may consequently suffer inconvenience from building operations and from noise and the dust resulting therefrom and that the Purchaser shall have no claim whatsoever against the Seller by reason of any such inconvenience. Prior to the Occupation Date of the 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 Purchaser shall 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 (seven) 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, 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 representative of the Seller and the Purchaser shall inspect the Unit and the Purchaser shall point out to the Seller’s representative any 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, 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 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 snag list prior to the Occupation Date, to the reasonable satisfaction of the Purchaser;

OCCUPATION. Occupation 4.1 If the Leased Premises have not been constructed and/or are in the course of the Unit shall, at the election of the Purchaser, be given to and taken by the Purchaser on the Occupation Date, notwithstanding the Transfer Date. The Seller, however, does not warrant that the Unit will be ready for occupation on the Anticipated Occupation Date and construction and/or should the Unit 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 Tenant as soon as the interior of the Leased Premises has been completed and is fit for occupation by the Tenant and adequate access can be 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 Anticipated Occupation dates stipulated as the Commencement Date for any reason whatsoever, whether or not occasioned by negligence of the Purchaser Landlord, its servants, directors or its agents or independent Contractors including, without limiting the generality of the aforegoing, the Leased Premises being incomplete or in a state of disrepair, or an existing Tenant not having vacated the Leased Premises, the Tenant shall have no claim for damages or right of cancellation or remission of rental or any other claim and shall accept occupation on such later date on which the Leased Premises are available. In the event of such a delay, the duration of the Lease shall remain unaltered and the Commencement Date and the Termination Date shall be extended accordingly. 4.3 Should the Buildings be incomplete at the commencement of this Lease, the Tenant acknowledges that it may suffer a certain amount of inconvenience from Building operations and from noise and dust resulting 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 no claim against the Seller arising from Landlord or its agents for compensation, damages or for remission of rent or cancellation or any other claim by reason of any such late occupation. The Purchaser shall inconvenience during the period of completion [whether or not be entitled to take occupation occasioned by the negligence of the Unit unless Landlord, its servants, directors, agents or employees]. 4.4 Unless postponed by the Purchaser hasLandlord in writing, to the satisfaction commencement date shall be the date stipulated in item 1.6.1 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 as a result of the failure for any reason to give occupation to the Purchaser on the Anticipated Occupation Date. Schedule. 4.5 In the event of any dispute as to the date when occupation the Leased Premises are or were ready for occupation, or in respect of any other dispute arising regarding the Unit may Tenant’s obligations in terms of clauses 4.2 and 4.4, such dispute shall be given, a certificate by submitted for determination to the SchemeLandlord’s Architect (acting as expert and not as an arbitrator) certifying that the Unit is ready for occupation expert, whose decision shall be final and binding on the parties. The Purchaser acknowledges that, on the Occupation Date, the Buildings may be incomplete and that occupants of the Unit may consequently suffer inconvenience from building operations and from noise Tenant and the dust resulting therefrom and that the Purchaser shall have no claim whatsoever against the Seller by reason of any such inconvenience. Prior to the Occupation Date of the UnitLandlord, 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 Purchaser shall 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 (seven) 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 SchemeLandlord’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 Architect’s certificate shall constitute prima facie evidence thereof. 4.6 Upon due execution of this clause 5.7Lease, any duly accepted offer to lease, heads of agreement or other form of agreement between 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 parties 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 Leased Premises shall be paid directly to the Seller. From the Occupation Date, the Purchaser shall: comply with the provision of the Act, STSMA cancelled 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 representative of the Seller and the Purchaser shall inspect the Unit and the Purchaser shall point out to the Seller’s representative any 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 this Lease shall be recorded in a schedule with full particulars which shall be signed by the Purchaser and sole agreement governing the Seller’s representative (hereinafter referred to as the “snag list”). Save for the items recorded in the snag list, 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 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 snag list prior to the Occupation Date, to the reasonable satisfaction of the Purchaser;contract between them.

OCCUPATION. Occupation 11.1 Notwithstanding any receipt given for rental or deposit paid in terms of the Unit shalllease, at the election of the Purchaser, be given to and taken by the Purchaser on the Occupation Date, notwithstanding the Transfer Date. The Seller, however, does not warrant that the 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 Lessee shall have no claim for damages or other right of action against the Seller arising from such late occupation. The Purchaser shall not 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 willful default on the part 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. 11.2 Should the Lessee fail to take occupation of the Unit unless Premises on the Purchaser hasdate upon which the Premises are made available to him for occupation, to the satisfaction Lessor may without incurring any liability whatsoever towards the Lessee immediately cancel this Agreement without notice, whereupon the Lessee shall forfeit the Deposit paid by him while remaining liable for any loss of rental or other losses sustained by the Lessor: Provided that this clause shall not apply if the Lessor and Lessee have agreed in writing that the Lessee will not take physical occupation of the Conveyancers, secured Premises on the full purchase price and signed all transfer documentation. The Purchaser shall have no claim said date. 11.3 In the event of whatsoever nature or howsoever arising against the Seller Lessee not being able to enjoy the beneficial occupation of the Premises as a result of them having been materially damaged by fire, earthquakes, weather storms, riot activity or the failure for any reason like, and the Lessor 11.3.1 failing within 30 days of the date of the damage to give occupation the Lessee written notice that he intends to keep the Purchaser on the Anticipated Occupation Date. In the event of any dispute as to when occupation of the Unit may be givenlease alive, a certificate by the 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 parties. The Purchaser acknowledges that, on the Occupation Date, the Buildings may be incomplete and that occupants of the Unit may consequently suffer inconvenience from building operations and from noise and the dust resulting therefrom and that the Purchaser shall have no claim whatsoever against the Seller by reason of any such inconvenience. Prior to the Occupation Date of the 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 Purchaser shall 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 (seven) 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, 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 representative of the Seller and the Purchaser shall inspect the Unit and the Purchaser shall point out to the Seller’s representative any 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, the Purchaser lease shall be deemed to have acknowledged that neither been canceled on 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 date that the Unit has been delivered damage occurred and the Lessor shall refund to the Purchaser complete Lessee all rental paid in all respects 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 suitable in all respects for the purposes Lessee shall be entitled to a total or partial remission of rental according to the extent to which and the period for which it is soldhe was deprived of beneficial occupation of the Premises. Save as provided in 11.3.1 and 11.3.2, provided that same the Lessee shall have no other claims whatsoever against the Lessor. 11.4 The Lessee may not without the Lessor’s prior written consent which shall not preclude a claim against be unreasonably withheld 11.4.1 vacate the builder in accordance with the Housing Consumers Protection Measures Act, No. 95 of 1998. The Seller 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 snag list Premises prior to the Occupation Date, to the reasonable satisfaction expiry of the Purchaser;lease; or 11.4.2 allow the Premises to remain unoccupied for any period exceeding six weeks; or 11.4.3 permit or allow any persons other than persons referred to in 3.2 above to occupy the premises or to reside therein.

OCCUPATION. Occupation of 7.1 The Developer authorises the Unit shall, at the election of the Purchaser, be given Tenant to and taken by the Purchaser on the Occupation Date, notwithstanding the Transfer Date. The Seller, however, does not warrant that the 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 enter into occupation of the Unit unless Property and the Purchaser has, 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 Tenant shall: 7.1.1 occupy the Property and the remainder of the fifth floor of the Building only as the licensee of the 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 applicable to the satisfaction licence created by this Agreement and 7.1.3 not occupy the Property or the remainder of the Conveyancers, secured fifth floor of the full purchase price Building for any purpose other than for the purpose only of carrying out the Separation Works and signed all transfer documentation. the Tenant’s Fitting Out Works 7.2 If 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 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 Landlord may terminate this agreement without prejudice to any accrued rights of action of the Landlord or the Tenant. 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 expire on the earliest of whatsoever nature or howsoever arising against (a) the Seller date of actual completion of the Lease (b) the date this agreement is rescinded and (c) the date this agreement is terminated. 7.4 If the licence granted by this clause 7 expires other than as a result of the failure for any reason completion of the Lease then (save where the Developer has unreasonably or unlawfully refused to give occupation 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 on same state of repair and condition as at the Anticipated Occupation Datedate of this agreement. In If the event of any dispute as Tenant fails to when occupation comply with such obligations the Landlord may carry out the necessary works and the cost of the Unit may be given, a certificate by the 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 parties. The Purchaser acknowledges that, on the Occupation Date, the Buildings may be incomplete and that occupants of the Unit may consequently suffer inconvenience from building operations and from noise and the dust resulting therefrom and that the Purchaser shall have no claim whatsoever against the Seller by reason of any such inconvenience. Prior to the Occupation Date of the 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 Purchaser shall 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 (seven) 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 works shall be paid directly by the Tenant to the Seller. From the Occupation Date, the Purchaser shall: comply with the provision Landlord within 10 Working Days 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 representative of the Seller and the Purchaser shall inspect the Unit and the Purchaser shall point out to the Seller’s representative any 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, 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 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 snag list prior to the Occupation Date, to the reasonable satisfaction of the Purchaser;written demand

OCCUPATION. Occupation of the Unit shallSubject to 5.5 below, at the election of the Purchaser, be given to and taken by the Purchaser on the Occupation Date, notwithstanding the Transfer Date. The Seller, however, does not warrant that the 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 Unit unless the Purchaser has, to the satisfaction of the Conveyancers, secured the full purchase price and signed all transfer documentation. The Purchaser Premises for commercial purposes shall have no claim of whatsoever nature or howsoever arising against the Seller as a result of the failure for any reason to give occupation to the Purchaser occur on the Anticipated Occupation Commencement Date. In the event of any dispute as to when occupation of the Unit may be given, a certificate by Premises being given to the Scheme’s Architect (acting as expert and not as an arbitrator) certifying that Tenant after the Unit is ready for occupation shall be final and binding on the parties. The Purchaser acknowledges that, on the Occupation Commencement Date, the Buildings may date on which occupation is given to the Tenant shall be incomplete deemed to be the Commencement Date and that occupants the Termination Date shall be extended accordingly. If the date on which occupation of the Unit may consequently suffer inconvenience from building operations and from noise and the dust resulting therefrom and that the Purchaser shall have no claim whatsoever against the Seller by reason of any such inconvenience. Prior Premises is given to the Occupation Date Tenant does not coincide with the first day of a calendar month, then the Unitrental and other amounts payable by the Tenant for the month during which occupation is given to the Tenant, 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 visitabated proportionately. The Purchaser Landlord shall not be entitled obliged to demand any amendments or repairs to give the Unit prior to Tenant occupancy of the Date of Occupation other than Premises unless - all the obligations for occupancy provided for in accordance with clause 7.1.2 below. In this Lease, including in particular the event that the Purchaser fails to inspect the Unit within 7 (seven) days as prescribed in clause 7.1.2 hereof, the Purchaser automatically consents that the Unit may be inspected receipt by the Scheme’s Architect Landlord of the required rental deposit, guarantees and suretyships as specified in the Scheme’s Architect acting reasonably Schedule, have been fulfilled; and diligently, may complete the snag list this Lease has been duly completed and signed by or on behalf of the Purchaser Tenant and provide such list delivered to the Seller for remedial work 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 be carried out. Notwithstanding commence paying the operation of this clause 5.7deposit, the condition contained in clause 7.1.2 hereof shall be applicable to monthly rent and other amounts payable by the Seller and Purchaser as if the Purchaser has completed the snag list in person. On and Tenant under this Lease with effect from the Occupation Commencement Date. Notwithstanding the Commencement Date until the Transfer Datereferred to in 22.1, the Purchaser Landlord shall pay provide the Tenant with access to the SellerPremises, monthly in advanceorder for the Tenant to undertake the Tenant Fit-Out Works, from the Beneficial Occupation Rental at the rate calculated on the Purchase Price and set forth in paragraph 7 of the Schedule of ParticularsDate. 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 Access to the Seller. From the Occupation Date, 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 representative of the Seller and the Purchaser shall inspect the Unit and the Purchaser shall point out to the Seller’s representative any 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, 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 Premises for the purposes of the Tenant’s Fit-Out Works shall be 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 Premises in order to enable the completion of any work in the Premises which it is soldthe responsibility of the Landlord to undertake, provided that same shall not preclude a claim against the builder in accordance subject to compliance with the Housing Consumers Protection Measures Act, No. 95 of 1998. The Seller 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 snag list prior to the Occupation Date, to the reasonable satisfaction of the Purchaser;Tenant's security arrangements.

OCCUPATION. Occupation of the Unit shall, at the election of the Purchaser, be given to 7.1 The Seller shall give possession and taken by the Purchaser on the Occupation Date, notwithstanding the Transfer Date. The Seller, however, does not warrant that the 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 Unit unless the Purchaser 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 as a result of the failure for any reason to give occupation to the Purchaser on the Anticipated Occupation Date. In the event of any dispute as to when Transfer. 7.2 The Seller may give occupation of the Unit may be given, a certificate by to the Scheme’s Architect (acting as expert Purchaser before Transfer if – 7.2.1 the Seller in its sole and not as an arbitrator) certifying that absolute discretion so elects; and 7.2.2 the Unit is ready for occupation shall be final and binding Parties agree on the parties. The occupational rental. 7.3 If the Seller gives the Purchaser acknowledges that, on the Occupation Dateoccupation prior to transfer, the Buildings may following provisions shall apply: 7.3.1 No tenancy will be incomplete created and that occupants of the Unit may consequently suffer inconvenience from building operations and from noise and the dust resulting therefrom and that the Purchaser shall have no claim whatsoever vacate the Unit forthwith upon demand by the Seller if the Purchaser breaches this Agreement. 7.3.2 From the occupation date the Purchaser – 7.3.2.1 shall at all times as long as this Agreement remains in force, comply with the provisions of the Sectional Titles Act and the Rules; 7.3.2.2 waives all claims against the Seller by reason of for any such inconvenience. Prior loss or damage to the Occupation Date of the Unit, property or any injury to person which the Purchaser shall be entitled, at reasonable times may sustain in or about the Unit or the Common Property and with prior written arrangement with the Seller, to gain access to the site but hereby indemnifies the Seller against any claims 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 damages any loss or personal damage to property or injury he/she/it 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 sub-meter of the Section. The Purchaser agrees that should separate water meters be installed at any stage in the buildings, the Purchaser shall on demand by the Seller pay to the Seller the cost of water consumed in the Section; 7.3.4.2 not do or permit to be done any act, matter or thing as a result of the site visit. The Purchaser shall not be entitled to demand which 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 (seven) days as prescribed in clause 7.1.2 hereof, the Purchaser automatically consents that the Unit may be inspected insurance policy held 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 the buildings may be rendered void or voidable, or as a result of which the premiums in respect thereof may be increased. 7.3.5 Notwithstanding the provisions 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, Rules under which Occupational Rental shall be paid directly to the Seller. From the Occupation Date, the Purchaser shall: comply with is obliged to maintain the provision of the ActSection, STSMA and the rules which will be applicable to the Scheme on the basis that the Seller shall, until apply any insurance proceeds received by it to 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 representative repair or reinstatement of the Seller Section and the Purchaser shall inspect the Unit and the Purchaser shall point out to the Seller’s representative any keys, locks, windows, fixture, wash-basins, toilets or any other installations contained damaged sections, but shall not, in or which should any way whatsoever, 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, 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 liable to the Purchaser complete in all respects and suitable in all respects for if there are not proceeds or if such proceeds are inadequate to completely repair or reinstate 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 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 snag list prior to the Occupation Date, to the reasonable satisfaction of the Purchaser;Section.

OCCUPATION. Occupation of ‌ 7.1 The Seller anticipates that the Unit shall, at the election of the Purchaser, be given to and taken building will have reached practical completion by the Purchaser on the Anticipated Occupation Date, notwithstanding the Transfer Date. The Seller, however, but does not warrant that date, as the Unit will practical completion of the building may be ready for occupation on 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 and should Date.‌ 7.2 If beneficial occupation is not given to the Unit not be available for occupation on Purchaser within 6 (six) calendar months of the Anticipated Occupation Date 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 have no claim against the Seller arising from such late occupation. The Purchaser shall not be entitled to take occupation of the Unit unless receive a refund on all payments made by the Purchaser has, to the satisfaction of the Conveyancers, secured the full purchase price and signed all transfer documentation. in terms hereof. 7.3 The Purchaser shall have no claim of whatsoever nature or howsoever arising against the Seller as a result of the for failure for any reason to give occupation to the Purchaser on the Anticipated Occupation Date. In . 7.4 Subject to the event Purchaser having paid on due date deposits, levies, legal costs, and any other amounts due by the Purchaser in terms of any dispute as to when this Agreement, have been paid or secured; occupation of the Unit may Section shall be given, a certificate given to and taken by the Scheme’s Architect (acting as expert and not as an arbitrator) certifying Purchaser on the Anticipated Occupation Date. The Seller shall make every effort to ensure that the Unit is ready for occupation shall be final and binding on the partiesAnticipated 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 acknowledges is aware that, on the Occupation Date, the Buildings building, common property, and other Sections may be incomplete and under construction and that occupants of the Unit may consequently Purchaser must necessarily suffer inconvenience from building operations and from noise and the dust resulting therefrom and that the there from. The Purchaser shall not be entitled to cancel this Agreement nor have no any claim whatsoever against the Seller by reason of any such inconvenience. Prior to the Occupation Date of the Unitaforegoing. 7.7 The Parties shall jointly, 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 Purchaser shall 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 of the Occupation Date, compile a list of any defects 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 list”) after which the Seller for remedial work will, as soon as practically possible attend to be carried out. Notwithstanding all items on 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 said snag list in person. On and with effect from list. 7.8 From the Occupation Date until the Transfer DateDate 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 to the Seller, monthly in advance, Occupation Rental at the rate calculated on the Purchase Price and set forth in paragraph 7 pro-rata share of the Schedule levies due for the remainder of Particularssuch calendar month. The Purchaser hereby consents that After the Conveyancers may set off any amount owing in respect of Occupational Rental of Transfer Date 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 levies shall be paid directly to the Seller. From Body Corporate. 7.9 Save insofar as may be inconsistent with the Occupation Dateprovisions of this Agreement, the Purchaser shall: comply with the provision provisions of Sections 44(1) 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 representative of the Seller and the Purchaser Act shall inspect the Unit and the Purchaser shall point out to the Seller’s representative any 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, 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 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 snag list prior to the Occupation Date, to the reasonable satisfaction of the Purchaser;apply.

OCCUPATION. Occupation of the Unit shall, at the election of the Purchaser, shall be given to and taken by the Purchaser on the Occupation DateDate from which date the risk, notwithstanding profit and loss in the Transfer DateUnit shall pass to the Purchaser. The Seller, however, does not warrant that the Unit will be ready for occupation on the Anticipated anticipated Occupation Date and should the Unit not be available for occupation on the Anticipated 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 Unit unless the Purchaser has, to the satisfaction of the Seller’s Conveyancers, secured the full purchase price and signed all transfer documentation. The If the Seller is unable, for any reason whatsoever, to give occupation of the Unit to the Purchaser on the anticipated occupation date, the Purchaser shall accept occupation of the property on the earliest date thereafter on which the Seller, by written notice of not less than 7 (seven) days to the Purchaser, is able to give occupation and such subsequent date shall be deemed, for all purposes, to be the Occupation Date. Save as aforesaid, the Purchaser shall have no claim of whatsoever nature or howsoever arising against the Seller as a result of the for failure for any reason to give occupation to the Purchaser on the Anticipated anticipated Occupation Date. In the event of any dispute as to when occupation of the Unit may be given, a certificate by the 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 parties. In the event of a dispute the date of the Architect’s certificate shall be deemed to be the Occupation Date. The Purchaser acknowledges that, on the Occupation Date, the Buildings buildings may be incomplete and that occupants of the Unit may consequently suffer inconvenience from building operations and from noise and the dust resulting therefrom there from and that the Purchaser shall have no claim whatsoever against the Seller by reason of any such inconvenience. Prior to the Occupation Date of the 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 Purchaser shall not be entitled to demand any amendments or repairs to the Unit prior to the Date of Occupation other than where his/her/its rights in accordance with terms of clause 7.1.2 belowshall apply. In the event that the Purchaser fails to inspect the Unit within 7 (seven) days as prescribed in clause 7.1.2 6.2 hereof, the Purchaser automatically consents that the Unit may be inspected by the Scheme’s Architect and the Scheme’s said 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 This condition contained in clause 7.1.2 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 Date until up to and including the Date of Registration of Transfer Date, the Purchaser shall pay to the Seller, monthly in advance, Occupation Rental at the rate calculated on the Purchase Price purchase price and set forth in paragraph 7 clause 11 of the Schedule schedule of Particularsparticulars. 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 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 (if applicable) as set out in clause 6.1 above6 hereof, against interest earned on the Purchaser's invested deposit or the Balance of the Purchase Pricedeposit, which Occupational Rental shall be paid directly to the Seller. From Seller following the Occupation Date, the Purchaser shall: comply with the provision Date 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 Registration of such rules; on the Inspection Date a representative of the Seller and the Purchaser shall inspect the Unit and the Purchaser shall point out to the Seller’s representative any 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, 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 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 snag list prior to the Occupation Date, to the reasonable satisfaction of the Purchaser;Transfer.