Common use of POSSESSION AND OCCUPATION Clause in Contracts

POSSESSION AND OCCUPATION. 12.1 The Purchaser shall be placed in possession of the Property on the Transfer Date or the Occupation Date, whichever is the earlier, from which date the Purchaser will be entitled to all income and be liable for all expenses pertaining to the Property. 12.2 The Purchaser acknowledges that on the Transfer Date construction of parts of the Scheme and the Development may not yet have been completed. The Purchaser accordingly hereby acknowledges that he might be subjected to nuisance, noise and other inconvenience from whatsoever cause arising and howsoever arising. 12.3 Where the Occupation Date is a date prior to the Transfer Date, risk in the Property will pass to the Purchaser on the Transfer Date. The Purchaser hereby irrevocably indemnifies the Seller against any claims or damages in respect of any contents held on or inside the Property. The Purchaser acknowledges his responsibility to insure the contents held by him on or inside the Property. 12.4 The Purchaser shall be liable for all the Interim Levies, Levies, rates and taxes, water and electricity consumed in respect of the Property from the Occupation Date. 12.5 The Occupational Interest is payable by the Purchaser to the Seller if the Transfer Date is after the Completion Date or the Occupation Date, whichever is the earlier, whether or not occupation has actually been taken by the Purchaser. 12.5.1 The Purchaser shall pay the Occupational Interest to the Seller monthly in advance and thereafter on the first day each subsequent month. 12.5.2 The Purchaser shall, on the Transfer Date, be refunded a pro rata share of any Occupational Interest that has been paid in advance in respect of the period after the Transfer Date. 12.6 In the event that the Seller anticipates that the actual Completion Date will be later than the estimated Transfer Date, it shall give notice to the Purchaser, at least 30 (Thirty) days prior to the Transfer Date, of the new expected Transfer Date. The Purchaser shall have no claim against the Seller for damages or for compensation of any other nature by reason of the Transfer Date having been amended. 12.7 Between the Occupation Date and the Transfer Date the provisions of the Constitution and the Rules will be binding on the Purchaser.

POSSESSION AND OCCUPATION. 12.1 11.1 The Purchaser shall be placed in possession of the Property on the Transfer Date or the Occupation Date, whichever is the earlier, from which date the Purchaser will be entitled to all income and be liable for all expenses pertaining to the Property. 12.2 11.2 The Purchaser acknowledges that on the Transfer Date construction of parts of the Scheme and the Development may not yet have been completed. The Purchaser accordingly hereby acknowledges that he might be subjected to nuisance, noise and other inconvenience from whatsoever cause arising and howsoever arising. 12.3 Where the Occupation Date is a date prior to the Transfer Date, risk 11.3 Risk in the Property will pass to the Purchaser on the Transfer Completion Date. The Purchaser hereby irrevocably indemnifies the Seller against any claims or damages relating to the Property after the Completion Date, in respect of the “Works”, as defined in the Building Agreement, and in respect of any contents held on the Property or inside the Propertybuilding constructed as part of the “Works”. The Purchaser acknowledges his responsibility to insure the Property, all improvements thereon and the contents held by him on or inside the Propertythereof. 12.4 11.4 The Purchaser shall be liable for all the Interim Levies, Levieslevies, rates and taxes, water and electricity consumed in respect of the Property from the Occupation Date. 12.5 11.5 The Occupational Interest is payable by the Purchaser to the Seller if the Transfer Date is after the Completion Date or the Occupation Date, whichever is the earlier, whether or not occupation has actually been given to and taken by the Purchaser. 12.5.1 11.5.1 The Purchaser shall pay the Occupational Interest to the Seller monthly in advance and thereafter on the first day each subsequent month. 12.5.2 11.5.2 The Purchaser shall, on the Transfer Date, be refunded a pro rata share of any Occupational Interest that has been paid in advance in respect of the period after the Transfer Date. 12.6 In the event that the Seller anticipates that the actual Completion Date will be later than the estimated Transfer Date, it shall give notice to the Purchaser, at least 30 (Thirty) days prior to the Transfer Date, of the new expected Transfer Date. The Purchaser shall have no claim against the Seller for damages or for compensation of any other nature by reason of the Transfer Date having been amended. 12.7 Between the Occupation Date and the Transfer Date the provisions of the Constitution and the Rules will be binding on the Purchaser.

POSSESSION AND OCCUPATION. 12.1 11.1. The Purchaser shall be placed in possession occupation of the Property on the Transfer Date or as close as possible to the Occupation Date. In the event that the Seller anticipates that the Occupation Date will differ from the expected Occupation Date, whichever is the earlier, from which date it shall give notice to the Purchaser will be entitled to all income and be liable for all expenses pertaining thereof, at least 30 (Thirty) days prior to the PropertyOccupation Date. The Purchaser shall have no claim against the Seller for damages or for compensation of any other nature by reason of the Occupation Date having been amended. 12.2 11.2. The Purchaser acknowledges that on the Transfer Date construction of parts of the Scheme and the Development may not yet have been completed. The Purchaser accordingly hereby acknowledges that he might be subjected to nuisance, noise and other inconvenience from whatsoever cause arising and howsoever arising. 12.3 11.3. Where the Occupation Date is a date prior to the Transfer Date, risk in the Property will pass to the Purchaser on the Transfer Date. The Purchaser hereby irrevocably indemnifies the Seller against any claims or damages in respect of any contents held on or inside the Property. The Purchaser acknowledges his responsibility to insure the contents held by him on or inside the Property. 12.4 11.4. The Purchaser shall be liable for all the Interim Levies, Levies, rates and taxes, taxes and water and electricity consumed in respect of the Property from the Occupation Date. 12.5 11.5. The Purchaser shall not be entitled to make any alterations or modifications of any nature to the Property between the Occupation Date and the Transfer Date. 11.6. Occupational Interest is payable by the Purchaser to the Seller if the Transfer Date is after the Completion Date or the Occupation Date, whichever is the earlier, whether or not occupation has actually been given to and taken by the Purchaser., which Occupational Interest will be payable as follows: 12.5.1 11.6.1 The Purchaser shall pay the Occupational Interest to the Seller monthly in advance and thereafter on the first day each subsequent month., and 12.5.2 11.6.2 The Purchaser shall, on the Transfer Date, be refunded a pro rata share of any Occupational Interest that has been paid in advance in respect of the period after the Transfer Date. 12.6 In the event that the Seller anticipates that the actual Completion Date will be later than the estimated Transfer Date, it shall give notice to the Purchaser, at least 30 (Thirty) days prior to the Transfer Date, of the new expected Transfer Date11.7. The Purchaser shall have no claim against the Seller for damages or for compensation of any other nature by reason of the Transfer Date having been amended. 12.7 Between the Occupation Date and the Transfer Date the provisions of the Constitution and the Rules will be binding on the Purchaser.

POSSESSION AND OCCUPATION. 12.1 11.1 The Purchaser shall be placed in possession of the Property on the Transfer Date or the Occupation Date, whichever is the earlier, from which date the Purchaser will be entitled to all income and be liable for all expenses pertaining to the Property. 12.2 11.2 The Purchaser acknowledges that on the Transfer Date construction of parts of the Scheme and the Development may not yet have been completed. The Purchaser accordingly hereby acknowledges that he might be subjected to nuisance, noise and other inconvenience from whatsoever cause arising and howsoever arising. 12.3 11.3 Where the Occupation Date is a date prior to the Transfer Date, risk in the Property will pass to the Purchaser on the Transfer Date. The Purchaser hereby irrevocably indemnifies the Seller against any claims or damages relating to the Property after the Completion Date, in respect of the Works and in respect of any contents held on the Property or inside the Propertybuilding constructed as part of the Works. The Purchaser acknowledges his responsibility to insure the Property, all improvements thereon and the contents held by him on or inside the Propertythereof. 12.4 11.4 The Purchaser shall be liable for all the Interim Levies, Levieslevies, rates and taxes, water and electricity consumed in respect of the Property from the Occupation Date. 12.5 11.5 The Occupational Interest is payable by the Purchaser to the Seller if the Transfer Date is after the Completion Date or the Occupation Date, whichever is the earlier, whether or not occupation has actually been given to and taken by the Purchaser., which Occupational Interest will be payable as follows: 12.5.1 11.5.1 The Purchaser shall pay the Occupational Interest to the Seller monthly in advance and thereafter on the first day each subsequent month. 12.5.2 11.5.2 The Purchaser shall, on the Transfer Date, be refunded a pro rata share of any Occupational Interest that has been paid in advance in respect of the period after the Transfer Date. 12.6 11.6 Risk in the Works will pass to the Purchaser on the Completion Date. 11.7 In the event that the Seller anticipates that the actual Completion Date will be later than the estimated Transfer Date, it shall give notice to the Purchaser, at least 30 (Thirty) days prior to the Transfer Date, of the new expected Transfer Date. The Purchaser shall have no claim against the Seller for damages or for compensation of any other nature by reason of the Transfer Date having been amended. 12.7 Between 11.8 The Property will during the Occupation Date construction period be under the control of the Contractor and the Transfer Date Purchaser will only be entitled to access the provisions of Property, prior to the Constitution and Completion Date, if accompanied by the Rules will be binding Contractor, on the Purchasera pre-arranged time.

POSSESSION AND OCCUPATION. 12.1 11.1. The Purchaser shall be placed in possession occupation of the Property on the Transfer Date or as close as possible to the Occupation Date. If the Seller anticipates that the Occupation Date will differ from the expected Occupation Date, whichever is the earlier, from which date it shall give notice to the Purchaser will be entitled to all income and be liable for all expenses pertaining thereof, at least 30 (Thirty) days prior to the Propertyexpected Occupation Date. The Purchaser shall have no claim against the Seller for damages or for compensation of any other nature consequential to the Occupation Date having been amended. 12.2 11.2. If the Purchaser is in breach of any one or more of the provisions of this Agreement, the Seller shall be entitled, but not obliged, to refuse the purchaser occupation of the Property until the breach has been rectified by the Purchaser. 11.3. The Purchaser acknowledges that on the Transfer Date construction of parts of the Scheme and and/or the Development Building may not yet have been completed. The Purchaser accordingly hereby acknowledges that he might be subjected to nuisance, noise and other inconvenience from whatsoever cause arising and howsoever arising. 12.3 11.4. Where the Occupation Date is a date prior to the Transfer Date, risk in the Property and possession thereof will pass to the Purchaser on the Transfer Date. The Purchaser hereby irrevocably indemnifies the Seller against any claims or damages in respect of any contents held on or inside the Property. The Purchaser acknowledges his responsibility to insure the contents held by him on or inside the Property. 12.4 11.5. The Purchaser shall be liable for all the Interim Levies, Levies, rates and taxes, taxes and water and electricity consumed in respect of the Property from the Occupation Date. 12.5 11.6. The Purchaser shall not be entitled to make any alterations or modifications of any nature to the Property between the Occupation Date and the Transfer Date. 11.7. Occupational Interest is payable by the Purchaser to the Seller if the Transfer Date is after the Completion Date or the Occupation Date, whichever is the earlier, irrespective whether or not occupation has actually been given to and taken by the Purchaser., which Occupational Interest will be payable as follows: 12.5.1 11.7.1 The Purchaser shall pay the Occupational Interest to the Seller monthly in advance advance, the first payment to be made on or before the Occupation Date and thereafter on the first day each subsequent month., and 12.5.2 11.7.2 The Purchaser shall, on the Transfer Date, be refunded a pro rata share of any Occupational Interest that has been paid in advance in respect of the period after the Transfer Date. 12.6 In the event that the Seller anticipates that the actual Completion Date will be later than the estimated Transfer Date, it shall give notice to the Purchaser, at least 30 (Thirty) days prior to the Transfer Date, of the new expected Transfer Date11.8. The Purchaser shall have no claim against the Seller for damages or for compensation of any other nature by reason of the Transfer Date having been amended. 12.7 Between the Occupation Date and the Transfer Date the provisions of the Constitution and the Rules will be binding on the Purchaser.

POSSESSION AND OCCUPATION. 12.1 The Purchaser shall be placed in possession of the Property on the Transfer Date or the Occupation Date, whichever is the earlier, from which date the Purchaser will be entitled to all income and be liable for all expenses pertaining to the Property, provided that the Purchaser will be liable for rates and taxes in respect of the Property as from the Transfer Date. 12.2 The Purchaser acknowledges that on the Transfer Date construction of parts of the Scheme and the Development may not yet have been completed. The Purchaser accordingly hereby acknowledges that he might be subjected to nuisance, noise and other inconvenience from whatsoever cause arising and howsoever arising. 12.3 Where the Occupation Date is a date prior to the Transfer Date, risk in the Property will pass to the Purchaser on the Transfer Date. The Purchaser hereby irrevocably indemnifies the Seller against any claims or damages relating to the Property after the Completion Date, in respect of the Works and in respect of any contents held on the Property or inside the Propertybuilding constructed as part of the Works. The Purchaser acknowledges his responsibility to insure the Property, all improvements thereon and the contents held by him on or inside the Propertythereof. 12.4 The Purchaser shall be liable for all the Interim Levies, Levies, rates levies and taxes, water and electricity consumed in respect of the Property from the Occupation Date. 12.5 The Occupational Interest is payable by the Purchaser to the Seller if the Transfer Date is after the Completion Date or the Occupation Date, whichever is the earlier, whether or not occupation has actually been given to and taken by the Purchaser. 12.5.1 The Purchaser shall pay the Occupational Interest to the Seller monthly in advance and thereafter on the first day each subsequent month. 12.5.2 The Purchaser shall, on the Transfer Date, be refunded a pro rata share of any Occupational Interest that has been paid in advance in respect of the period after the Transfer Date. 12.6 Risk in the Works will pass to the Purchaser on the Completion Date. 12.7 In the event that the Seller anticipates that the actual Completion Date will be later than the estimated Transfer Datecompletion date as referred to in Clause 4.1 of the Covering Schedule, it shall give notice to the Purchaser, at least 30 (Thirty) days prior to the Transfer Dateestimated completion date (as per Clause 4.1 of the Covering Schedule), of the new expected Transfer Completion Date. The Purchaser shall have no claim against the Seller for damages or for compensation of any other nature by reason of the Completion Date, and, consequently, the Transfer Date Date, having been amendedamended and delayed. 12.7 Between 12.8 The Property will during the Occupation Date construction period be under the control of the Developer and the Transfer Date Purchaser will only be entitled to access the provisions of Property, prior to the Constitution and Completion Date, if accompanied by the Rules will be binding Developer, on the Purchasera pre-arranged time.

POSSESSION AND OCCUPATION. 12.1 The Purchaser shall be placed in possession of the Property on the Transfer Date or the Occupation Date, whichever is the earlier, from which date the Purchaser will be entitled to all income and be liable for all expenses pertaining to the Property. 12.2 The Purchaser acknowledges that on the Transfer Date construction of parts of the Scheme and the Development may not yet have been completed. The Purchaser accordingly hereby acknowledges that he might be subjected to nuisance, noise and other inconvenience from whatsoever cause arising and howsoever arising. 12.3 Where the Occupation Date is a date prior to the Transfer Date, risk in the Property will pass to the Purchaser on the Transfer Date. The Purchaser hereby irrevocably indemnifies the Seller against any claims or damages relating to the Property after the Completion Date, in respect of the Works and in respect of any contents held on the Property or inside the Propertybuilding constructed as part of the Works. The Purchaser acknowledges his responsibility to insure the Property, all improvements thereon and the contents held by him on or inside the Propertythereof. 12.4 The Purchaser shall be liable for all the Interim Levies, Levieslevies, rates and taxes, water and electricity consumed in respect of the Property from the Occupation Date. 12.5 The Occupational Interest is payable by the Purchaser to the Seller if the Transfer Date is after the Completion Date or the Occupation Date, whichever is the earlier, whether or not occupation has actually been given to and taken by the Purchaser. 12.5.1 The Purchaser shall pay the Occupational Interest to the Seller monthly in advance and thereafter on the first day each subsequent month. 12.5.2 The Purchaser shall, on the Transfer Date, be refunded a pro rata share of any Occupational Interest that has been paid in advance in respect of the period after the Transfer Date. 12.6 Risk in the Works will pass to the Purchaser on the Completion Date. 12.7 In the event that the Seller anticipates that the actual Completion Date will be later than the estimated Transfer Datecompletion date as referred to in Clause 4.1 of the Covering Schedule, it shall give notice to the Purchaser, at least 30 (Thirty) days prior to the Transfer Dateestimated completion date (as per Clause 4.1 of the Covering Schedule), of the new expected Transfer Completion Date. The Purchaser shall have no claim against the Seller for damages or for compensation of any other nature by reason of the Completion Date, and, consequently, the Transfer Date Date, having been amendedamended and delayed. 12.7 Between 12.8 The Property will during the Occupation Date construction period be under the control of the Contractor and the Transfer Date Purchaser will only be entitled to access the provisions of Property, prior to the Constitution and Completion Date, if accompanied by the Rules will be binding Contractor, on the Purchasera pre-arranged time.

POSSESSION AND OCCUPATION. 12.1 The Purchaser shall be placed in possession of the Property on the Transfer Date or the Occupation Date, whichever is the earlier, from which date the Purchaser will be entitled to all income and be liable for all expenses pertaining to the Property. 12.2 The Purchaser acknowledges that on the Transfer Date construction of parts of the Scheme and the Development may not yet have been completed. The Purchaser accordingly hereby acknowledges that he might be subjected to nuisance, noise and other inconvenience from whatsoever cause arising and howsoever arising. 12.3 Where the Occupation Date is a date prior to the Transfer Date, risk in the Property will pass to the Purchaser on the Transfer Date. The Purchaser hereby irrevocably indemnifies the Seller against any claims or damages in respect of any contents held on or inside the Property. The Purchaser acknowledges his responsibility to insure the contents held by him on or inside the Property. 12.4 The Purchaser shall be liable for all the Interim Levies, Levies, rates and taxes, water and electricity consumed in respect of the Property from the Occupation Date. 12.5 The Occupational Interest is payable by the Purchaser to the Seller if the Transfer Date is after the Completion Date or the Occupation Date, whichever is the earlier, whether or not occupation has actually been given to and taken by the Purchaser. 12.5.1 The Purchaser shall pay the Occupational Interest to the Seller monthly in advance and thereafter on the first day each subsequent month. 12.5.2 The Purchaser shall, on the Transfer Date, be refunded a pro rata share of any Occupational Interest that has been paid in advance in respect of the period after the Transfer Date. 12.6 In the event that the Seller anticipates that the actual Completion Date will be later than the estimated Transfer Date, it shall give notice to the Purchaser, at least 30 (Thirty) days prior to the Transfer Date, of the new expected Transfer Date. The Purchaser shall have no claim against the Seller for damages or for compensation of any other nature by reason of the Transfer Date having been amended. 12.7 Between the Occupation Date and the Transfer Date the provisions of the Constitution and the Rules will be binding on the Purchaser.

POSSESSION AND OCCUPATION. 12.1 The Purchaser shall be placed in possession 8.1 Possession and occupation of the Property on shall be given by the Transfer Date or the Occupation Date, whichever is the earlier, from which date the Purchaser will be entitled to all income Seller and be liable for all expenses pertaining to the Property. 12.2 The Purchaser acknowledges that on the Transfer Date construction of parts of the Scheme and the Development may not yet have been completed. The Purchaser accordingly hereby acknowledges that he might be subjected to nuisance, noise and other inconvenience from whatsoever cause arising and howsoever arising. 12.3 Where the Occupation Date is a date prior to the Transfer Date, risk in the Property will pass to taken by the Purchaser on the Transfer Date. The Purchaser hereby irrevocably indemnifies , and this shall be the date upon which all risk and benefit attaching to the Property shall pass to the Purchaser. 8.2 Notwithstanding the provisions of clause 8.1 above, the Seller against any claims may, in its sole and absolute discretion, allow the Purchaser or damages in respect of any contents held on or inside the Property. The Purchaser acknowledges his responsibility Nominated Occupant(s) to insure the contents held by him on or inside the Property. 12.4 The Purchaser shall be liable for all the Interim Levies, Levies, rates take possession and taxes, water and electricity consumed in respect occupation of the Property from the Occupation Date. 12.5 The Occupational Interest is payable by the Purchaser to the Seller if the Transfer Date is on or after the Completion Date if: 8.2.1 The Local Authority has issued an occupancy certificate for the Section; 8.2.2 the Purchase Price has been fully paid or secured; and 8.2.3 the Managing Agent (or the Health Care Provider) acting on behalf of the trustees of the Body Corporate has given its written approval in terms of clause 9.4. 8.3 Should the Seller allow earlier occupation and possession in terms if clause 8.2, then the Occupation Date shall then be the date upon which all risk and benefit attaching to the to the Property shall pass to the Purchaser. For purposes of clarity, the external structure of the Building(s) is insured by the Body Corporate. 8.4 As from the Occupation Date up until the Transfer Date, whichever is the earlier, whether or not occupation has actually been taken by the Purchaser. 12.5.1 The Purchaser shall pay the Occupational Interest to the Seller monthly in advance and thereafter Occupational Interest in the amount of 0.45% (ZERO POINT FOUR FIVE PERCENT) of the Purchase Price plus VAT in the following manner: 8.4.1 Occupational Interest payments for subsequent months, if any, shall be made by the Purchaser in advance on the first day each of such subsequent month.months; and 12.5.2 The 8.4.2 the Purchaser shall, shall on the Transfer Date, transfer be refunded a pro pro-rata share of any Occupational Interest that has been paid in advance in respect of the period after the Transfer Date. 12.6 In 8.5 The Purchaser acknowledges that on the event that the Seller anticipates that the actual Completion Date will be later than the estimated Transfer Date, it shall give notice to the Purchaser, at least 30 (Thirty) days prior to and/or the Transfer Date, Date construction of parts of the new expected Transfer DateScheme, the Building and/or the Common Property may not yet have been completed. The Purchaser shall have no claim against the Seller for damages or for compensation of any other nature accordingly hereby agrees that he will not by reason of the Transfer Date having fact that the Building or any part of the Scheme or Common Property has not been amendedfully completed as aforesaid have any claim against the Seller, it’s contractors and/or employees or as a result or in respect of any nuisance, noise and other inconvenience from whatsoever cause arising and howsoever arising, nor in respect of general delictual liability; nor shall the Purchaser for any of the aforementioned reasons, be entitled to withhold performance of any obligation, or payment of any amount owing by him in terms of this Contract, including Levies. 12.7 Between 8.6 If at any time after the Occupation Date and any damage is done to the Transfer Date Property, the provisions Purchaser shall, without detracting from his rights to claim such damages as can be proven, not be entitled to refuse to accept transfer of the Constitution Property, nor to deduct from or purport to set off against any balance of the Purchase Price payable against the registration of transfer of the Property, any amount of alleged damages that he may have suffered. 8.7 It is recorded that the site on which the Buildings are to be constructed will throughout the construction period be under the control of the Contractor and that, prior to the Rules will hand over inspection mentioned in clause 7.3, the Purchaser shall not be binding entitled to have any access to the Building or the Property unless accompanied by the Seller’s representative or the Agent and with the prior consent of the Contractor, which consent may be subject to certain conditions, including the adherence to health and safety protocols and procedures by the Purchaser (and/or its representatives, agents and invitees). The Purchaser undertakes that it shall not interfere with the construction of the Building or the Property, and acknowledges that any correspondence sent or documentation generated by or on behalf of the PurchaserPurchaser (or any other party) during or after such site visit(s) shall not be deemed to be the snag list as mentioned in clause 7.3.

POSSESSION AND OCCUPATION. 12.1 13.1 The Purchaser shall be placed in possession of the Property on the Transfer Date or the Occupation Date, whichever is the earlier, from which date the Purchaser will be entitled to all income and be liable for all expenses pertaining to the Property, especially the payment of Levies in accordance with Clause 22 read with Clause 6 of the Covering Schedule pro rata monthly in advance. The Occupation Date shall be the date on which the Certificate of Occupancy are issued by the City of Cape Town. 12.2 13.2 The Purchaser acknowledges that on the Transfer Date construction of parts of the Scheme and the Development may not yet have been completed. The Purchaser accordingly hereby acknowledges that he might be subjected to nuisance, noise and other inconvenience from whatsoever cause arising and howsoever arising. The Purchaser furthermore acknowledges and confirms that he will have no claim for damages of whatsoever nature against the Seller and/or the Developer as a consequence of having to ensure a certain amount of nuisance, noise and/or any other inconvenience within the Scheme and/or the Development as provided for in herein. 12.3 13.3 Where the Occupation Date is a date prior to the Transfer Date, risk in the Property will pass to the Purchaser on the Transfer Occupation Date. The Purchaser hereby irrevocably indemnifies the Seller against any claims or damages in respect of any contents held on or inside the Property. The Purchaser acknowledges his responsibility to insure the contents held by him on or inside the Property. 12.4 13.4 The Purchaser shall be liable for all the Interim Levies, Levies, rates and taxes, water and electricity consumed in respect of the Property as from the Occupation Date. 12.5 13.5 The Occupational Interest Rental, as set out in Clause 3.7 of the Covering Schedule, is payable by the Purchaser to the Seller if the Transfer Occupation Date is after the Completion Date or but prior to the Occupation Transfer Date, whichever is the earlier, whether or not occupation has actually been given to and taken by the Purchaser. 12.5.1 13.6 The Purchaser shall pay the Occupational Interest Rental to the Seller Transferring Attorneys, who will receive same on behalf of the Seller, monthly in advance and thereafter on the first day of each subsequent month. 12.5.2 13.7 Occupation shall be given by the Seller and taken by the Purchaser once the Certificate of Occupancy and/or temporary Certificate of Occupancy have been issued by the City of Cape Town. 13.8 The Purchaser shall, on the Transfer Date, be refunded a pro rata share of any Occupational Interest Rental that has been paid in advance in respect of the period after the Transfer Date. 12.6 13.9 In the event that the Seller anticipates that the actual Completion Date will be later than the estimated Transfer Date, it shall give notice to the Purchaser, at least 30 (Thirtythirty) days prior to the Transfer Date, of the new expected Transfer Date. The Purchaser shall have no claim against the Seller for damages or for compensation of any other nature by reason of the Transfer Date having been amended. 12.7 13.10 Between the Occupation Date and the Transfer Date Date, the provisions of the Constitution Constitution, the Governing Rules and the Body Corporate Rules will be binding on the PurchaserPurchaser as if the Purchaser had already taken transfer of the Property.

POSSESSION AND OCCUPATION. 12.1 12.1. The Purchaser shall be placed in possession of the Property on the Transfer Date or the Occupation Date, whichever is the earlier, from which date the Purchaser will be entitled to all income and be liable for all expenses pertaining to the Property. 12.2 12.2. The Purchaser acknowledges that on the Transfer Date construction of parts of the Scheme and the Development may not yet have been completed. The Purchaser accordingly hereby acknowledges that he might be subjected to nuisance, noise and other inconvenience from whatsoever cause arising and howsoever arising. 12.3 12.3. Where the Occupation Date is a date prior to the Transfer Date, risk in the Property will pass to the Purchaser on the Transfer Date. The Purchaser hereby irrevocably indemnifies the Seller against any claims or damages in respect of any contents held on or inside the Property. The Purchaser acknowledges his responsibility to insure the contents held by him on or inside the Property. 12.4 12.4. The Purchaser shall be liable for all the Interim Levies, Levies, rates and taxes, water and electricity consumed in respect of the Property from the Occupation Date. 12.5 12.5. The Occupational Interest is payable by the Purchaser to the Seller if the Occupation Date prior to the Transfer Date is after the Completion Date or the Occupation Date, whichever is the earlier, whether or not occupation has actually been given to and taken by the Purchaser. 12.5.1 12.5.1. The Purchaser shall as from the Occupation Date to the Transfer Date be liable for and pay the Occupational Interest Interest, as may be instructed to the Seller or to Transferring Attorney, who will receive same on behalf of the Seller, monthly in advance and thereafter on the first day each subsequent month. 12.5.2 12.5.2. The Purchaser shall, on the Transfer Date, be refunded a pro rata share of any Occupational Interest that has been paid in advance in respect of the period after the Transfer Date. 12.6 12.6. In the event that the Seller anticipates that the actual Completion Date will be later than the estimated Transfer Date, it shall give notice to the Purchaser, at least 30 (Thirty) days prior to the Transfer Date, of the new expected Transfer Date. The Purchaser shall have no claim against the Seller for damages or for compensation of any other nature by reason of the Transfer Date having been amended. 12.7 12.7. Between the Occupation Date and the Transfer Date the provisions of the Constitution and the Rules will be binding on the Purchaser.

POSSESSION AND OCCUPATION. 12.1 The Purchaser shall be placed in possession of the Property on the Transfer Date or the Occupation Date, whichever is the earlier, from which date the Purchaser will be entitled to all income and be liable for all expenses pertaining to the Property. 12.2 The Purchaser acknowledges that on the Transfer Date construction of parts of the Scheme and the Development may not yet have been completed. The Purchaser accordingly hereby acknowledges that he might be subjected to nuisance, noise and other inconvenience from whatsoever cause arising and howsoever arising. 12.3 Where the Occupation Date is a date prior to the Transfer Date, risk in the Property will pass to the Purchaser on the Transfer Date. The Purchaser hereby irrevocably indemnifies the Seller against any claims or damages in respect of any contents held on or inside the Property. The Purchaser acknowledges his responsibility to insure the contents held by him on or inside the Property. 12.4 The Purchaser shall be liable for all the Interim Levies, Levies, rates and taxes, water and electricity consumed in respect of the Property from the Occupation Date. 12.5 The Occupational Interest is payable by the Purchaser to the Seller if the Transfer Date is after the Completion Date or the Occupation Date, whichever is the earlier, whether or not occupation has actually been given to and taken by the Purchaser. 12.5.1 The Purchaser shall pay the Occupational Interest to the Seller monthly in advance and thereafter on the first day each subsequent month. 12.5.2 The Purchaser shall, on the Transfer Date, be refunded a pro rata share of any Occupational Interest that has been paid in advance in respect of the period after the Transfer Date. 12.6 In the event that the Seller anticipates that the actual Completion Date will be later than the estimated Transfer Date, it shall give notice to the Purchaser, at least 30 (Thirty) days prior to the Transfer Date, of the new expected Transfer Date. The Purchaser shall have no claim against the Seller for damages or for compensation of any other nature by reason of the Transfer Date having been amended. 12.7 Between the Occupation Date and the Transfer Date the provisions of the Constitution Constitution, the Governing Rules and the Rules will be binding on the Purchaser.

POSSESSION AND OCCUPATION. 12.1 The Purchaser shall be placed in possession 9.1. Possession and occupation of the Property shall be given by the Seller and taken by the Purchaser on the Transfer Date or the Occupation Date, whichever is and this shall be the earlier, from date upon which date the Purchaser will be entitled to all income risk and be liable for all expenses pertaining benefit attaching to the PropertyProperty shall pass to the Purchaser. 12.2 9.2. The Purchaser acknowledges that on the Transfer Date construction of parts of the Scheme and the Development Estate may not yet have been completed. The Purchaser accordingly hereby acknowledges that he might be subjected to nuisance, noise and other inconvenience from whatsoever cause arising and howsoever arising. 12.3 9.3. Where the Occupation Date is a date prior to the Transfer Date, all risk and benefit in the Property will pass to the Purchaser on the Transfer Occupation Date. The Purchaser hereby irrevocably indemnifies the Seller against any claims or damages relating to the Property after the Completion Date, in respect of any contents held on the Property or inside the PropertyBuilding. The Purchaser acknowledges his responsibility to insure the contents held by him on or inside the Propertythereof. 12.4 9.4. The Purchaser shall be liable for all the Interim Levies, Levies, rates and taxes, water and electricity consumed in respect of the Property from the earlier of the Occupation Date or Transfer Date. 12.5 The 9.5. Occupational Interest in the amount of 1% (One percent) of the Purchase Price is payable by the Purchaser to the Seller if the Transfer Date is after the Completion Date or the Occupation Date, whichever is the earlier, whether or not occupation has actually been given to and taken by the Purchaser. 12.5.1 . The Purchaser shall pay the Occupational Interest to the Seller monthly in advance and thereafter on the first day each subsequent month. 12.5.2 The Purchaser shall, on . On the Transfer Date, be refunded a pro rata share of any Occupational Interest that has been paid in advance in respect of the period after the Transfer DateDate shall be refunded to the Purchaser. 12.6 9.6. In the event that the Seller anticipates that the actual Completion Date will be later than the estimated Transfer Completion Date, it shall give notice to the Purchaser, at least 30 (Thirty) days prior to the Transfer Completion Date, of the new expected Transfer Completion Date. The Purchaser shall have no claim against the Seller for damages or for compensation of any other nature by reason of the Transfer Completion Date having been amended. 12.7 Between 9.7. The Property will during the Occupation Date construction period be under the control of the Contractor and the Transfer Date Purchaser will only be entitled to access the provisions of Property, prior to the Constitution and Completion Date, if accompanied by the Rules will be binding Contractor, on the Purchasera pre-arranged time.

POSSESSION AND OCCUPATION. 12.1 The Purchaser shall be placed in possession of the Property on the Transfer Date or the Occupation Date, whichever is the earlier, from which date the Purchaser will be entitled to all income and be liable for all expenses pertaining to the Property. 12.2 The Purchaser acknowledges that on the Transfer Date construction of parts of the Scheme and the Development may not yet have been completed. The Purchaser accordingly hereby acknowledges that he might be subjected to nuisance, noise and other inconvenience from whatsoever cause arising and howsoever arising. 12.3 Where the Occupation Date is a date prior to the Transfer Date, risk in the Property will pass to the Purchaser on the Transfer Date. The Purchaser hereby irrevocably indemnifies the Seller against any claims or damages relating to the Property after the Completion Date, in respect of the Works and in respect of any contents held on the Property or inside the Propertybuilding constructed as part of the Works. The Purchaser acknowledges his responsibility to insure the Property, all improvements thereon and the contents held by him on or inside the Propertythereof. 12.4 The Purchaser shall be liable for all the Interim Levies, Levieslevies, rates and taxes, water and electricity consumed in respect of the Property from the Occupation Date. 12.5 The Occupational Interest is payable by the Purchaser to the Seller if the Transfer Date is after the Completion Date or the Occupation Date, whichever is the earlier, whether or not occupation has actually been given to and taken by the Purchaser. 12.5.1 The Purchaser shall pay the Occupational Interest to the Seller monthly in advance and thereafter on the first day each subsequent month. 12.5.2 The Purchaser shall, on the Transfer Date, be refunded a pro rata share of any Occupational Interest that has been paid in advance in respect of the period after the Transfer Date. 12.6 Risk in the Works will pass to the Purchaser on the Completion Date. 12.7 In the event that the Seller anticipates that the actual Completion Date will be later than the estimated Transfer Datecompletion date as referred to in Clause 4.1 of the Covering Schedule, it shall give notice to the Purchaser, at least 30 (Thirty) days prior to the Transfer Dateestimated completion date (as per Clause 4.1 of the Covering Schedule), of the new expected Transfer Completion Date. The Purchaser shall have no claim against the Seller for damages or for compensation of any other nature by reason of the Completion Date, and, consequently, the Transfer Date Date, having been amended.amended and delayed. INITIAL 12.7 Between 12.8 The Property will during the Occupation Date construction period be under the control of the Contractor and the Transfer Date Purchaser will only be entitled to access the provisions of Property, prior to the Constitution and Completion Date, if accompanied by the Rules will be binding Contractor, on the Purchasera pre-arranged time.

POSSESSION AND OCCUPATION. 12.1 11.1. The Purchaser shall be placed in possession of the Property on the Transfer Date or the Occupation Date, whichever is or on such other date as the earlierParties may agree on in writing, from which date the Purchaser will be entitled to all income and be liable for all expenses pertaining to the Property. The Seller will remain responsible for the payment of all rates, refuse, sewerage, water and electricity charges levied by the local authority until the Transfer Date. If a pre-paid electricity meter has been installed on the Property, the Purchaser will be liable for the payment of the electricity charges. 12.2 11.2. If the Purchaser has not complied with all his obligations in terms of this Agreement, including, without limiting the generality of the aforegoing, payment of the Deposit and due delivery of a valid guarantee for the Balance of the Purchase Price, the Seller shall be entitled, but not obliged to refuse the Purchaser occupation of the Property in which event the Purchaser shall only be entitled to occupation of the Property once such breaches have been remedied. In such event, the Purchaser shall nevertheless be liable for payment of the Occupational Interest and shall be obliged to comply with the terms and conditions of this Agreement, irrespective of whether occupation of the Property is given or not. 11.3. Where the Occupation Date is a date prior to the Transfer Date, risk in the Property will pass to the Purchaser on the Transfer Date. 11.4. The right to rent the Property passes to the Purchaser on the Transfer Date. 11.5. The Purchaser shall not be entitled to make any alterations or modifications of any nature to the Property between the Occupation Date and the Transfer Date. 11.6. The Purchaser acknowledges that on the Transfer Date construction of parts of the Scheme and the Development may not yet have been completed. The Purchaser accordingly hereby acknowledges that he might be subjected to nuisance, noise and other inconvenience from whatsoever cause arising and howsoever arising. 12.3 Where the Occupation Date is a date prior to the Transfer Date, risk in the Property will pass to the Purchaser on the Transfer Date11.7. The Purchaser hereby irrevocably indemnifies the Seller against any claims or damages in respect of any contents held on or inside relating to the PropertyProperty after the Occupation Date. The Purchaser acknowledges his responsibility to insure the Property, all improvements thereon and the contents held by him on or inside the Propertythereof. 12.4 The Purchaser shall be liable for all the Interim Levies, Levies, rates and taxes, water and electricity consumed in respect of the Property from the Occupation Date. 12.5 11.8. The Occupational Interest in the amount stipulated in Clause 6 of the Covering Schedule is payable by the Purchaser to the Seller if the Transfer Date is after the Completion Date or the Occupation Date, whichever is the earlier, whether or not occupation has actually been given to and taken by the Purchaser. 12.5.1 11.8.1. The Purchaser shall pay the Occupational Interest to the Seller monthly in advance and thereafter on the first day each subsequent month. 12.5.2 11.8.2. The Purchaser shall, on the Transfer Date, be refunded a pro rata share of any Occupational Interest that has been paid in advance in respect of the period after the Transfer Date. 12.6 In the event that the Seller anticipates that the actual Completion Date will be later than the estimated Transfer Date, it shall give notice to the Purchaser, at least 30 (Thirty) days prior to the Transfer Date, of the new expected Transfer Date. The Purchaser shall have no claim against the Seller for damages or for compensation of any other nature by reason of the Transfer Date having been amended. 12.7 Between the Occupation Date and the Transfer Date the provisions of the Constitution and the Rules will be binding on the Purchaser.

POSSESSION AND OCCUPATION. 12.1 11.1. The Purchaser shall be placed in possession occupation of the Property on the Transfer Occupation Date. In the event that the Seller anticipates that the Occupation Date or will differ from the expected Occupation Date, it shall give notice to the Purchaser thereof, prior to the Occupation Date, whichever is . The Purchaser shall have no claim against the earlier, from which date Seller for damages or for compensation of any other nature by reason of the Purchaser will be entitled to all income and be liable for all expenses pertaining to the PropertyOccupation Date having been amended. 12.2 11.2. The Purchaser acknowledges that on the Transfer Date construction of parts of the Scheme and the Development may not yet have been completed. The Purchaser accordingly hereby acknowledges that he might be subjected to nuisance, noise and other inconvenience from whatsoever cause arising and howsoever arising. 12.3 11.3. Where the Occupation Date is a date prior to the Transfer Date, risk in the Property will pass to the Purchaser on the Transfer Date. The Purchaser hereby irrevocably indemnifies the Seller against any claims or damages in respect of any contents held on or inside the Property. The Purchaser acknowledges his responsibility to insure the contents held by him on or inside the Property. 12.4 11.4. The Purchaser shall be liable for all the Interim Levies, Levies, rates and taxes, taxes and water and electricity consumed in respect of the Property from the Occupation Date. 12.5 11.5. The Purchaser shall not be entitled to make any alterations or modifications of any nature to the Property between the Occupation Date and the Transfer Date. 11.6. Occupational Interest is payable by the Purchaser to the Seller if the Transfer Date is after the Completion Date or the Occupation Date, whichever is the earlier, whether or not occupation has actually been given to and taken by the Purchaser., which Occupational Interest will be payable as follows: 12.5.1 11.6.1 The Purchaser shall pay the Occupational Interest to the Seller monthly in advance and thereafter on the first day each subsequent month., and 12.5.2 11.6.2 The Purchaser shall, on the Transfer Date, be refunded a pro rata share of any Occupational Interest that has been paid in advance in respect of the period after the Transfer Date. 12.6 In the event that the Seller anticipates that the actual Completion Date will be later than the estimated Transfer Date, it shall give notice to the Purchaser, at least 30 (Thirty) days prior to the Transfer Date, of the new expected Transfer Date11.7. The Purchaser shall have no claim against the Seller for damages or for compensation of any other nature by reason of the Transfer Date having been amended. 12.7 Between the Occupation Date and the Transfer Date the provisions of the Constitution and the Rules will be binding on the Purchaser. 11.8. The Seller agrees that the Property may be let to a suitable tenant on behalf of the Purchaser from the Occupation Date. INITIAL 11.9. The parties agree that, for convenience and in the interest of the security of the development that one rental agent be appointed to act on behalf of all purchasers purchasing from the Agent, in securing tenants and to this end the parties agree that SA Investor Rentals Pty LTD t/a IGrow Rentals, be appointed as the sole and exclusive Letting agency for all units that was purchased from the Agent, to procure and place tenants for the properties, in terms whereof IGrow Rentals aims to ensure that: 11.9.1. The interests of investor purchasers of properties in the development are protected to the extent that they obtain the best market related rental income for their investment properties; 11.9.2. To ensure that all efforts are made to source suitable tenants with the satisfactory creditworthiness. 11.10. The Purchaser hereby engages IGrow Rentals to manage the rental of the Property for the first two years while the Purchaser is the registered owner of the Property. A separate rental management agreement will be concluded between Purchaser and IGrow Rentals.

POSSESSION AND OCCUPATION. 12.1 The Purchaser shall be placed in possession of the Property on the Transfer Date or the Occupation Date, whichever is from which date the earlier, risk in the Property will pass to the Purchaser and from which date the Purchaser will be entitled to all income and be liable for all expenses pertaining to the Property, unless any term or condition contained in this Agreement and/or the Building Agreement stipulate an alternative date relating to the income and expenses pertaining to the Property. 12.2 The Purchaser acknowledges that on the Transfer Date and/or the Occupation Date, construction of parts of the Scheme and the Development may not yet have been completed. The Purchaser accordingly hereby acknowledges that he might be subjected to nuisance, noise and other inconvenience from whatsoever cause arising and howsoever arising. 12.3 Where the Occupation Date is a date prior to the Transfer Date, risk in the Property will pass to the Purchaser on the Transfer Date. The Purchaser hereby irrevocably indemnifies the Seller against any claims or damages relating to the Property after the Occupation Date, in respect of the “Works”, as defined in the Building Agreement, and in respect of any contents held on the Property or inside the Propertydwelling constructed as part of the “Works”. The Purchaser acknowledges his responsibility to insure the Property, all improvements thereon and the contents held by him on or inside the Propertythereof. 12.4 The Purchaser shall be liable for all the Interim Levies, Levies, payment of rates and taxestaxes and all other imposts payable to the Local Authority, excluding any water and electricity consumed consumption, as well as the Levies payable to the LECMHOA, from the Transfer Date. 12.5 The Purchaser shall be liable for the water and electricity consumption in respect of the Property from, payable to the supplier thereof, being the Local Authority or an authorized utility supplier appointed by the Seller, from the Occupation Date. 12.5 The Occupational Interest is payable by the Purchaser to the Seller if the Transfer Date is after the Completion Date or the Occupation Date, whichever is the earlier, whether or not occupation has actually been taken by the Purchaser. 12.5.1 The Purchaser shall pay the Occupational Interest to the Seller monthly in advance and thereafter on the first day each subsequent month. 12.5.2 The Purchaser shall, on the Transfer Date, be refunded a pro rata share of any Occupational Interest that has been paid in advance in respect of the period after the Transfer Date. 12.6 In the event that the Seller anticipates that the actual Completion Date will be later than the estimated Transfer Date, it shall give notice to the Purchaser, at least 30 (Thirty) days prior to the Transfer Date, of the new expected Transfer Date. The Purchaser shall have no claim against the Seller for damages or for compensation of any other nature by reason of the Transfer Date having been amended. 12.7 Between the Occupation Date and the Transfer Date the provisions of the Constitution and the Rules will be binding on the Purchaser.