Common use of POSSESSION AND OCCUPATION Clause in Contracts

POSSESSION AND OCCUPATION. 3.1 The CONTRACTOR, its agents, servants and subcontractors shall at all times until the Works have been completed and the OWNER has signed and handed to the CONTRACTOR the final completion form, be entitled to enter and be present on the property for construction purposes. The CONTRACTOR shall further be entitled to enter into and be present on the property for purposes of completing minor works and snags listed on the snag list. 3.2 At no time whatsoever shall the OWNER be entitled to make claim, attach or in any way claim possession or retention of any of the CONTRACTOR's tools, equipment or building material and by signature hereof the OWNER waives all or any right which he may have acquired in this regard. 3.3 The OWNER shall be obliged to take occupation and possession of the Works at a date agreed upon between the parties but not later than 14 (fourteen) days after the handover date and it shall be incumbent on the OWNER to monitor progress of the Works in order to enable him to make whatever arrangements which may be necessary or required by him to: 3.3.1 take possession and occupation of the Works; 3.3.2 make payment of all or any amounts which may then still be due by him to the CONTRACTOR. 3.4 Should the OWNER fail to take occupation and possession of the Works as provided in clause 3.3 OR on such other date as may be agreed between the parties in writing – 3.4.1 it shall irrevocably be deemed for all purposes hereunder, that the OWNER has effectively and fully taken occupation and possession of the property and Works as set out in clause 3.3 and that all items on the snag list have been completed and accepted by the OWNER; 3.4.2 the CONTRACTOR shall not be responsible for any damages to the property after the deemed occupation date and the OWNER shall at his own cost provide security for the property against any vandalism and/or theft and/or any other damages thereto. 3.5 The CONTRACTOR shall, within 14 (fourteen) days from the commencement date as defined in clause 1.1.12, inform the OWNER of the estimated occupation date in writing. It is recorded that - 3.5.1 subject to the bond being registered and/or required proof regarding payment arrangements being submitted by the estimated building commencement date, the date on which the OWNER shall be able to occupy the property is estimated to be approximately 150 (one hundred and fifty) days after the commencement date, subject to the provisions of clause 5.6. 3.5.2 should the CONTRACTOR be unable to meet the estimated occupation date defined in clause 1.1.12 and referred to in clause 3.5.1, he shall be obliged to inform the OWNER in writing thereof at least 30 (thirty) days in advance.

POSSESSION AND OCCUPATION. 3.1 The CONTRACTOR, its agents, servants and subcontractors shall at all times until the Works have been completed and the OWNER has signed and handed to the CONTRACTOR the final completion form, be entitled to enter and be present on the property for construction purposes. The CONTRACTOR shall further be entitled to enter into and be present on the property for purposes of completing minor works and snags listed on the snag list. 3.2 At no time whatsoever shall the OWNER be entitled to make claim, attach or in any way claim possession or retention of any of the CONTRACTOR's tools, equipment or building material and by signature hereof the OWNER waives all or any right which he may have acquired in this regard. 3.3 The OWNER shall be obliged to take occupation and possession of the Works at a date agreed upon between the parties but not later than 14 (fourteen) days after the handover date and it shall be incumbent on the OWNER to monitor progress of the Works in order to enable him to make whatever arrangements which may be necessary or required by him to: 3.3.1 take possession 7.1 Possession and occupation of the Works; 3.3.2 make payment of Property shall be taken by the Purchaser on the Possession Date, on which date all or any amounts which may then still be due by him risk and benefit in respect thereof shall pass to the CONTRACTORPurchaser. 3.4 Should 7.2 The Seller shall use its best endeavours to ensure that the OWNER Property is available for occupation by the Estimated Possession Date. 7.3 Notwithstanding the aforesaid and should the Seller for whatsoever reason fail to take give the Purchaser occupation of the Property by the Estimated Possession Date, the Purchaser acknowledges the fact that the Estimated Possession Date is only an estimated date and the Purchaser accordingly shall have no claim of whatsoever nature whether for cancellation or damages against the Seller as a result of such failure. 7.4 The Seller shall endeavour to give the Purchaser not less than 30 (thirty) days’ written notice of its intention to tender possession of the Works Property to the Purchaser. 7.5 Occupation of the Property by the Purchaser or anybody through the Purchaser shall not create a tenancy, that is to say, in the event of this Agreement being cancelled all rights to the occupation of the Property shall lapse and the Property shall be forthwith vacated. 7.6 The Purchaser acknowledges that all Sections within the Scheme may at the Transfer Date not be fully complete and that the Purchaser may suffer a slight inconvenience as provided a result. The Seller will however, prior to the Transfer Date, ensure that should such Sections in clause 3.3 OR close proximity to the Property not be complete that it will be secured and closed off to limit any such inconvenience. 7.7 From the Possession Date until the Transfer Date the Purchaser shall - 7.7.1 keep the Property in good repair; 7.7.2 permit the Seller or its agent at all reasonable times to enter and inspect the Property subject thereto that the Purchaser has been given prior notice of any such intended inspection; 7.7.3 be responsible for all costs of electricity and water consumed on such other date any part of the Property insofar as these may be agreed between the parties in writing –separately metered; 3.4.1 it shall irrevocably 7.7.4 be deemed responsible for all purposes hereunder, that obligations of an owner of a Section and the OWNER has effectively and fully taken occupation and possession of the property and Works person holding exclusive use rights as set out in clause 3.3 the Sectional Titles Act and that the Sectional Titles Schemes Management Act; and 7.7.5 comply with all items on rules and regulations applicable to the snag list have been completed Scheme. 7.8 The Purchaser hereby indemnifies the Seller and accepted holds it harmless against any and all claims, expenses, liabilities and/or damages incurred or suffered by the OWNER; 3.4.2 the CONTRACTOR shall not be responsible for any damages to the property Seller after the deemed occupation date and the OWNER shall at his own cost provide security for the property against any vandalism and/or theft and/or any other damages theretoPossession Date. 3.5 The CONTRACTOR shall, within 14 (fourteen) days from the commencement date as defined in clause 1.1.12, inform the OWNER of the estimated occupation date in writing. It is recorded that - 3.5.1 subject to the bond being registered and/or required proof regarding payment arrangements being submitted by the estimated building commencement date, the date on which the OWNER shall be able to occupy the property is estimated to be approximately 150 (one hundred and fifty) days after the commencement date, subject to the provisions of clause 5.6. 3.5.2 should the CONTRACTOR be unable to meet the estimated occupation date defined in clause 1.1.12 and referred to in clause 3.5.1, he shall be obliged to inform the OWNER in writing thereof at least 30 (thirty) days in advance.

POSSESSION AND OCCUPATION. 3.1 The CONTRACTOR, its agents, servants Possession and subcontractors occupation of the unit hereby sold shall at all times until be tendered by the Works have been completed and the OWNER has signed and handed SELLER to the CONTRACTOR PURCHASER after the final completion form, be entitled to enter and be present on of the property for construction purposesbuilding comprising of the aforesaid section purchased by the PURCHASER. The CONTRACTOR following shall further irrevocably in interpreting such possession and occupation be entitled deemed to enter into and be present on the property for purposes of completing minor works and snags listed on the snag list.position : 3.2 At no time whatsoever shall the OWNER be entitled to make claim, attach or in any way claim possession or retention of any of the CONTRACTOR's tools, equipment or building material and by signature hereof the OWNER waives all or any right which he may have acquired in this regard. 3.3 5.1 The OWNER PURCHASER shall be obliged to take occupation and possession of the Works at a date agreed upon between the parties but not later than 14 (fourteen) days after the handover date and it shall be incumbent on the OWNER to monitor progress of the Works in order to enable him to make whatever arrangements which may be necessary or required by him to: 3.3.1 take possession and occupation of the Works; 3.3.2 make payment unit hereby sold, on the date to be indicated in a notice of all or any amounts possession and occupation in writing which may then still shall be due forwarded by him the SELLER to the CONTRACTORPURCHASER, by registered mail to the PURCHASER, or delivered to him or to his address at least 7 (seven) days prior to the proposed date of possession, mentioned in such notice. (hereinafter referred to as the “Date of Possession”) 5.2 Any dispute that might arise as to whether the unit is in a state fit and ready for beneficial occupation, shall become the subject of adjudication by the Architect who shall oversee the final completion of the Sectional Development Scheme and who shall adjudicate such dispute in their capacity as professional experts and the said arbitrators, are hereby appointed by the parties, and such Architect’s decision shall be final and binding upon both parties, as a final arbitration determination. 3.4 Should 5.3 On the OWNER fail date of possession all risks as well as benefits in the unit shall pass to take the PURCHASER, whether or not physical occupation and has, in fact, taken place by the PURCHASER or not. 5.4 If the date of possession should for whatsoever reason not have been established in accordance with any of the Works as provided in clause 3.3 OR on aforegoing provisions, then the date of transfer of the unit shall be deemed to be the date of possession for purposes of this Agreement. 5.5 If the PURCHASER shall (for whatever cause or reason) occupy the unit, then such other date as may be agreed between the parties in writing – 3.4.1 it of first occupation by him, shall irrevocably also be deemed for all purposes hereunderto be the date of possession (however, that the OWNER has effectively and fully taken occupation and possession of SELLER reserves its right to evict the property and Works as set out in clause 3.3 and that all items on the snag list have been completed and accepted by the OWNER; 3.4.2 the CONTRACTOR shall not be responsible for any damages to the property after the deemed occupation date and the OWNER shall at his own cost provide security for the property against any vandalism and/or theft and/or any other damages thereto. 3.5 The CONTRACTOR shall, within 14 (fourteen) days PURCHASER from the commencement date as defined unit, if such occupation should have taken place otherwise than in clause 1.1.12, inform the OWNER of the estimated occupation date in writing. It is recorded that - 3.5.1 subject to the bond being registered and/or required proof regarding payment arrangements being submitted by the estimated building commencement date, the date on which the OWNER shall be able to occupy the property is estimated to be approximately 150 (one hundred and fifty) days after the commencement date, subject to the provisions of clause 5.6accordance with this Agreement). 3.5.2 should the CONTRACTOR be unable to meet the estimated occupation date defined in clause 1.1.12 and referred to in clause 3.5.1, he shall be obliged to inform the OWNER in writing thereof at least 30 (thirty) days in advance.

POSSESSION AND OCCUPATION. 3.1 3.1. The CONTRACTOR, its agents, servants and subcontractors Seller shall at all times until the Works have been completed and the OWNER has signed and handed give to the CONTRACTOR Purchaser not less than 30 (thirty) days’ notice in writing of the final completion formCompletion Date, provided, however, that the Seller shall, after having given the Purchaser notice as contemplated aforesaid, be entitled to enter and be present on postpone the property for construction purposes. The CONTRACTOR shall Completion Date by giving further be entitled notice to enter into and be present on the property for purposes Purchaser to this effect within 30 (thirty) days of completing minor works and snags listed on date of receipt by the snag listPurchaser of the first notice. 3.2 At no time whatsoever shall the OWNER be entitled to make claim, attach or in any way claim possession or retention of any of the CONTRACTOR's tools, equipment or building material and by signature hereof the OWNER waives all or any right which he may have acquired in this regard. 3.3 The OWNER shall be obliged to take occupation and possession of the Works at a date agreed upon between the parties but not later than 14 (fourteen) days after the handover date and it shall be incumbent on the OWNER to monitor progress of the Works in order to enable him to make whatever arrangements which may be necessary or required by him to: 3.3.1 take possession 3.2. Possession and occupation of the Works;Subject Matter shall be given and taken by the Purchaser on the Occupation Date, on which date, all risk and benefit in the Subject Matter shall pass to the Purchaser. 3.3.2 make 3.3. From the Occupation Date, the Purchaser shall pay to the Seller monthly occupational rent as stipulated in the Schedule, payable monthly in advance on the first business day of every month. From the Occupation Date the Purchaser shall be liable for payment of all levies, as well as electricity and water consumed in or any amounts which may then still be due by him to on the CONTRACTORSubject Matter until date of transfer. 3.4 Should 3.4. In the OWNER fail to take occupation and possession event of transfer being delayed as result of the Works as provided in clause 3.3 OR Purchaser, the occupational rent shall increase with 30% (thirty percent), reckoned from the date on such other date as may be agreed between the parties in writing – 3.4.1 it shall irrevocably be deemed for all purposes hereunder, that the OWNER has effectively and fully taken occupation and possession of the property and Works as set out in clause 3.3 and that all items on the snag list which transfer would have been completed and accepted possible had it not been for the delay caused by the OWNER;Purchaser until the actual date of registration of transfer. The Attorneys, acting as expert and not as arbitrator, shall decide whether the Purchaser has caused a delay, and if so, for what date. 3.4.2 the CONTRACTOR 3.5. The Seller shall not be responsible for any damages loss, damage or inconvenience suffered by the Purchaser by reason of any building operations which may be conducted in respect of the Property after the Occupation Date. 3.6. The failure on the part of the Purchaser to take physical occupation (whether personally or by agent) or to accept the keys to the property after Subject Matter shall not affect the deemed occupation date Occupation Date, which shall remain as defined. 3.7. The Purchaser acknowledges that: 3.7.1. the other portions of the Building or Common Property may not necessarily be complete at the Completion Date; 3.7.2. the peaceful use and enjoyment of the Subject Matter, Exclusive Use Area, Common Property and the OWNER shall at his own cost provide security for common areas in the property against any vandalism and/or theft and/or any other damages thereto. 3.5 The CONTRACTOR shallScheme may be temporarily interrupted from time to time during such building operations, within 14 (fourteen) days from provided it does not interrupt the commencement date as defined in clause 1.1.12, inform the OWNER Purchaser’s beneficial occupation of the estimated occupation date Subject Matter, but acknowledges that some of the parking bays may temporarily not be available for parking; 3.7.3. the Purchaser shall have no claim whatsoever against the Seller, nor shall the Purchaser be entitled to any reduction in writing. It is recorded that - 3.5.1 subject to the bond being registered purchase price or interest thereon by reason of any such inconvenience and/or required proof regarding payment arrangements being submitted by the estimated building commencement date, the date on which the OWNER shall be able to occupy the property is estimated to be approximately 150 (one hundred and fifty) days after the commencement date, subject to the provisions of clause 5.6. 3.5.2 should the CONTRACTOR be unable to meet the estimated occupation date defined in clause 1.1.12 and interruption referred to in clause 3.5.13.7.2 above. The Seller shall however use reasonable endeavours to procure that such inconvenience or interruption is kept to a minimum; 3.7.4. the Occupation Date shall under no circumstances be deferred or the Subject Matter considered unsuitable for beneficial occupation by reason of any improvements, he additions or alterations to be effected to the Subject Matter by or at the request of the Purchaser not having been completed; 3.7.5. the occupation of the Subject Matter by the Purchaser (and those occupying through or under the Purchaser) between the Occupation Date and the date of registration of transfer, shall be obliged not in any way constitute a tenancy between the Seller and the Purchaser (and those occupying the Unit through or under the Purchaser); 3.7.6. the failure to inform deliver the OWNER Subject Matter on the Completion Date, or a later date nominated in writing thereof at least 30 (thirty) days in advancewriting, for any reason shall not entitle the Purchaser to any claims of any nature whatsoever, including consequential loss.

POSSESSION AND OCCUPATION. 3.1 The CONTRACTOR, its agents, servants Possession and subcontractors occupation of the unit hereby sold shall at all times until be tendered by the Works have been completed and the OWNER has signed and handed SELLER to the CONTRACTOR PURCHASER after the final completion form, be entitled to enter and be present on of the property for construction purposesbuilding comprising of the aforesaid section purchased by the PURCHASER. The CONTRACTOR following shall further irrevocably in interpreting such possession and occupation be entitled deemed to enter into and be present on the property for purposes of completing minor works and snags listed on the snag list.position : 3.2 At no time whatsoever shall the OWNER be entitled to make claim, attach or in any way claim possession or retention of any of the CONTRACTOR's tools, equipment or building material and by signature hereof the OWNER waives all or any right which he may have acquired in this regard. 3.3 5.1 The OWNER PURCHASER shall be obliged to take occupation and possession of the Works at a date agreed upon between the parties but not later than 14 (fourteen) days after the handover date and it shall be incumbent on the OWNER to monitor progress of the Works in order to enable him to make whatever arrangements which may be necessary or required by him to: 3.3.1 take possession and occupation of the Works;unit hereby sold, on the date to be indicated in a notice of possession and occupation in writing which shall be forwarded by the SELLER to the PURCHASER, by registered mail to the PURCHASER, or delivered to him or to his address at least 7 (seven) days prior to the proposed date of possession, mentioned in such notice. (hereinafter referred to as the “Date of Possession”) 3.3.2 make 5.2 Any dispute that might arise as to whether the unit is in a state fit and ready for beneficial occupation, shall become the subject of adjudication by the Architect who shall oversee the final completion of the Sectional Development Scheme and who shall adjudicate such dispute in their capacity as professional experts and the said arbitrators, are hereby appointed by the parties, and such Architect’s decision shall be final and binding upon both parties, as a final arbitration determination. 5.3 On the date of possession all risks as well as benefits in the unit shall pass to the PURCHASER, whether or not physical occupation has, in fact, taken place by the PURCHASER or not, and the PURCHASER shall become liable for the payment of all or any amounts which may then still be due by him to the CONTRACTORoccupational interest in terms of clause 6 hereunder. 3.4 Should 5.4 If the OWNER fail to take occupation and date of possession should for whatsoever reason not have been established in accordance with any of the Works as provided in clause 3.3 OR on aforegoing provisions, then the date of transfer of the unit shall be deemed to be the date of possession for purposes of this Agreement. 5.5 If the PURCHASER shall (for whatever cause or reason) occupy the unit, then such other date as may be agreed between the parties in writing – 3.4.1 it of first occupation by him, shall irrevocably also be deemed for all purposes hereunderto be the date of possession (however, that the OWNER has effectively and fully taken occupation and possession of SELLER reserves its right to evict the property and Works as set out in clause 3.3 and that all items on the snag list have been completed and accepted by the OWNER; 3.4.2 the CONTRACTOR shall not be responsible for any damages to the property after the deemed occupation date and the OWNER shall at his own cost provide security for the property against any vandalism and/or theft and/or any other damages thereto. 3.5 The CONTRACTOR shall, within 14 (fourteen) days PURCHASER from the commencement date as defined unit, if such occupation should have taken place otherwise than in clause 1.1.12, inform the OWNER of the estimated occupation date in writing. It is recorded that - 3.5.1 subject to the bond being registered and/or required proof regarding payment arrangements being submitted by the estimated building commencement date, the date on which the OWNER shall be able to occupy the property is estimated to be approximately 150 (one hundred and fifty) days after the commencement date, subject to the provisions of clause 5.6accordance with this Agreement). 3.5.2 should the CONTRACTOR be unable to meet the estimated occupation date defined in clause 1.1.12 and referred to in clause 3.5.1, he shall be obliged to inform the OWNER in writing thereof at least 30 (thirty) days in advance.

POSSESSION AND OCCUPATION. 3.1 6.1 The CONTRACTOR, its agents, servants and subcontractors Seller shall at all times until the Works have been completed give and the OWNER has signed and handed to the CONTRACTOR the final completion form, be entitled to enter and be present on the property for construction purposes. The CONTRACTOR Purchaser shall further be entitled to enter into and be present on the property for purposes of completing minor works and snags listed on the snag list. 3.2 At no time whatsoever shall the OWNER be entitled to make claim, attach or in any way claim possession or retention of any of the CONTRACTOR's tools, equipment or building material and by signature hereof the OWNER waives all or any right which he may have acquired in this regard. 3.3 The OWNER shall be obliged to take occupation and possession of the Works at a date agreed upon between the parties but not later than 14 (fourteen) days after the handover date and it shall be incumbent on the OWNER to monitor progress of the Works in order to enable him to make whatever arrangements which may be necessary or required by him to: 3.3.1 take possession and occupation of the Works;Property on the Transfer Date, on condition that the documents referred to in Clause 1.12 and 1.12.1 and/or 1.12.2 above, whichever may be applicable, have been signed and on condition that the Purchaser shall have complied with all his obligations in terms hereof. 3.3.2 make 6.2 The Purchaser acknowledges that after the Transfer Date the Seller and/or its agents, contractors and workmen may be engaged in erecting other dwellings, driveways and other structures on the unit and the Purchaser agrees that the Seller and/or its agents, contractors and workmen shall at all times have reasonable access to the unit for the purposes of carrying out such work as may be necessary to enable the Seller to procure the erection and layout of the aforementioned dwellings, driveways and other structures. The Purchaser shall have no claim whatsoever against the Seller by reason of any inconvenience or interference with the Purchaser's rights arising here from and the Purchaser shall not, in any way whatsoever, interfere with the performance of the aforesaid work. On the Transfer Date the further possibility exists that the building/s and the other structures and/or improvements, including infrastructure and roads in the scheme may be incomplete and that the Purchaser may suffer inconvenience from building operations, noise, dust and other nuisance factors. The Purchaser shall not be entitled by reason of any of the aforegoing to refuse payment of any amounts due in terms of this agreement or to cancel or withdraw from this agreement or to claim damages from any person or institute interdict proceedings as a result of the nuisance. 6.3 From the Date of Possession the Purchaser – 6.3.1 shall be liable for the payment of all services provided to the unit and any deposits and fees payable in connection with the supply of such services. In no way detracting from the aforesaid, it is specifically recorded that it shall be incumbent upon the Purchaser, at the Purchaser’s cost, to make application for the connection of water, electricity and telephone services to the unit. If the unit is separately metered for the supply of electricity and/or water thereto, the Purchaser shall make arrangements with the suppliers to obtain the relevant connections and shall pay for any consumption thereof; 6.3.2 waives all claims against the developer, the VDVHOA, the Seller and the Body Corporate for any loss or damage to the unit or any amounts injury to person which the Purchaser may then still sustain in or about the unit, any other part of the development and indemnifies the developer, the VDVHOA, the Seller and the Body Corporate against any such claim that may be due made against the developer, the VDVHOA, the Seller or the Body Corporate by him a member of the Purchaser’s family or any tenant, nominee, invitee or any other person who occupies the unit and/or goes upon the development by virtue of the Purchaser’s rights thereto, for any loss or damage to unit or injury to person suffered in or about the unit, or any other part of the development howsoever such loss or damage to unit or injury to person may be caused (save for any loss or damage to the CONTRACTOR. 3.4 Should unit or injury to person caused by the OWNER fail to take occupation and possession wilful or grossly negligent acts of the Works as provided in clause 3.3 OR on such other date as may be agreed between the parties in writing – 3.4.1 it shall irrevocably be deemed for all purposes hereunder, that the OWNER has effectively and fully taken occupation and possession of the property and Works as set out in clause 3.3 and that all items on the snag list have been completed and accepted by the OWNER; 3.4.2 the CONTRACTOR shall not be responsible for any damages to the property after the deemed occupation date and the OWNER shall at his own cost provide security for the property against any vandalism and/or theft and/or any other damages thereto. 3.5 The CONTRACTOR shall, within 14 (fourteen) days from the commencement date as defined in clause 1.1.12, inform the OWNER of the estimated occupation date in writing. It is recorded that - 3.5.1 subject to the bond being registered and/or required proof regarding payment arrangements being submitted by the estimated building commencement datedeveloper, the date on which VDVHOA, the OWNER shall be able to occupy Seller or the property is estimated to be approximately 150 (one hundred and fifty) days after Body Corporate, as the commencement date, subject to the provisions of clause 5.6. 3.5.2 should the CONTRACTOR be unable to meet the estimated occupation date defined in clause 1.1.12 and referred to in clause 3.5.1, he shall be obliged to inform the OWNER in writing thereof at least 30 (thirty) days in advance.case may be);

POSSESSION AND OCCUPATION. 3.1 2.1 The CONTRACTORSeller shall give the Purchaser not less than 60 days notice in writing of the occupation date of the unit, its agentsprovided that, servants and subcontractors shall at all times until the Works have been completed and Seller shall, after having given the OWNER has signed and handed to the CONTRACTOR the final completion formPurchaser notice as contemplated aforesaid, be entitled to enter and be present on a postponement of the property occupation date for construction purposes. The CONTRACTOR shall a further be entitled 60 (sixty) days by giving notice to enter into and be present on the property for purposes Purchaser to this effect within 21 days of completing minor works and snags listed on date of receipt by the snag listPurchaser of the first notice. 3.2 At no time whatsoever 2.2 The Seller shall the OWNER be entitled use its best endeavours to make claim, attach or in any way claim possession or retention of any of the CONTRACTOR's tools, equipment or building material and by signature hereof the OWNER waives all or any right which he may have acquired in this regard. 3.3 The OWNER shall be obliged to take occupation and possession of the Works at a date agreed upon between the parties but not later than 14 (fourteen) days after the handover date and it shall be incumbent on the OWNER to monitor progress of the Works in order to enable him to make whatever arrangements which may be necessary or required by him to: 3.3.1 take possession and occupation of the Works; 3.3.2 make payment of all or any amounts which may then still be due by him to the CONTRACTOR. 3.4 Should the OWNER fail to take occupation and possession of the Works as provided in clause 3.3 OR on such other date as may be agreed between the parties in writing – 3.4.1 it shall irrevocably be deemed for all purposes hereunder, procure that the OWNER has effectively and fully taken unit is available for occupation and possession of the property and Works as set out in clause 3.3 and that all items on the snag list have been completed and accepted by the OWNER; 3.4.2 the CONTRACTOR shall not be responsible for any damages to the property after the deemed occupation date and the OWNER shall at his own cost provide security for the property against any vandalism and/or theft and/or any other damages thereto. 3.5 The CONTRACTOR shall, within 14 (fourteen) days from the commencement date as defined in clause 1.1.12, inform the OWNER of the estimated occupation date in writingdate. It is recorded that - 3.5.1 subject to the bond being registered and/or required proof regarding payment arrangements being submitted by the estimated building commencement date, the date on which the OWNER shall be able to occupy the property is estimated to be approximately 150 (one hundred and fifty) days after the commencement date, subject Subject to the provisions of clause 5.6. 3.5.2 4.3 hereof, should the CONTRACTOR Seller for any reason whatsoever be unable to meet give the Purchaser occupation of the unit by the estimated occupation date defined date, then the Purchaser shall have no claim of whatsoever nature against the Seller as a result thereof. 2.3 All risk and benefit in respect of the unit shall pass to the Purchaser on the occupation date. 2.4 If transfer of the unit is registered after the occupation date, the Purchaser shall pay to the Seller occupational interest as provided for in 3 hereunder. 2.5 Should the Purchaser: 2.5.1 fail to pay any amount due in terms of this agreement or sign any document which the Purchaser is required to sign in terms of this agreement; or 2.5.2 commit any other material breach of the provisions of this agreement; which causes a delay in transfer and fail to remedy such failure and/or breach within 7 days after receipt from the Seller’s attorneys of a request to do so, then the interest payable by the Purchaser in terms of clause 1.1.12 and referred to in clause 3.5.1, he 2.4 above shall be obliged at the 3% (three percent) above the prime rate calculated from the date that the conveyancers certify that transfer would have registered to inform the OWNER date that transfer does in writing thereof fact register, both dates inclusive. 2.6 The Purchaser acknowledges that on the transfer date, the building/s and the other structures and/or improvements, including infrastructure and roads in the development may be incomplete and that the Purchaser may suffer inconvenience from building operations, noise, dust and other nuisance factors. The Purchaser shall not be entitled by reason of any of the aforegoing to cancel or withdraw from this agreement or to claim damages from the Seller nor shall the Seller be responsible for any loss, damage or inconvenience suffered by the Purchaser by reason of such building operations provided that the Seller shall not be indemnified for gross negligence on its part in circumstances contemplated in this clause 2.6. 2.7 The Seller shall be liable for payment of all electricity and water consumed in or on the unit until occupation. 2.8 The failure on the part of the Purchaser to take physical occupation (whether personally or by agent) or to accept the keys to the section shall not affect the Date of Occupation which shall remain as defined. 2.9 The Seller and/or the Seller's duly authorised agent shall be entitled to inspect the unit at least 30 (thirty) days in advanceall reasonable times prior to transfer.

POSSESSION AND OCCUPATION. 3.1 The CONTRACTOR, its agents, servants and subcontractors shall at all times until the Works have been completed and the OWNER has signed and handed to the CONTRACTOR the final completion form, be entitled to enter and be present on the property for construction purposes. The CONTRACTOR shall further be entitled to enter into and be present on the property for purposes of completing minor works and snags listed on the snag list. 3.2 At no time whatsoever shall the OWNER be entitled to make claim, attach or in any way claim possession or retention of any of the CONTRACTOR's tools, equipment or building material and by signature hereof the OWNER waives all or any right which he may have acquired in this regard. 3.3 The OWNER shall be obliged to take occupation and possession of the Works at a date agreed upon between the parties but not later than 14 (fourteen) days after the handover date and it shall be incumbent on the OWNER to monitor progress of the Works in order to enable him to make whatever arrangements which may be necessary or required by him to: 3.3.1 take possession and occupation of the Works; 3.3.2 make payment of all or any amounts which may then still be due by him to the CONTRACTOR. 3.4 Should the OWNER fail to take occupation and possession of the Works as provided in clause 3.3 OR on such other date as may be agreed between the parties in writing – 3.4.1 it shall irrevocably be deemed for all purposes hereunder, that the OWNER has effectively and fully taken occupation and possession of the property and Works as set out in clause 3.3 and that all items on the snag list have been completed and accepted by the OWNER; 3.4.2 the CONTRACTOR shall not be responsible for any damages to the property after the deemed occupation date and the OWNER shall at his own cost provide security for the property against any vandalism and/or theft and/or any other damages thereto. 3.5 The CONTRACTOR shall, within 14 (fourteen) days from the commencement date as defined in clause 1.1.12, inform the OWNER of the estimated occupation date in writing. It is recorded that - 3.5.1 subject to the bond being registered and/or required proof regarding payment arrangements being submitted by the estimated building commencement date, the date on which the OWNER shall be able to occupy the property is estimated to be approximately 150 (one hundred and fifty) days after the commencement date, subject to the provisions of clause 5.6. 3.5.2 should the CONTRACTOR be unable to meet the estimated occupation date defined in clause 1.1.12 and referred to in clause 3.5.1, he shall be obliged to inform the OWNER in writing thereof at least 30 (thirty) days in advance. 3.6 Notwithstanding anything to the contrary contained herein, the parties agree that, should the OWNER take occupation of the property and Works prior to the registration of the bond referred to in clause 7 hereof, the OWNER shall pay the CONTRACTOR occupational interest at 2% (two percentage points) above the prime rate charged by ABSA BANK LIMITED, calculated on the balance of the contract price owing by the OWNER to the CONTRACTOR and calculated from the date of occupation until date of receipt of the balance by the CONTRACTOR.

POSSESSION AND OCCUPATION. 3.1 The CONTRACTOR7.1 Provided the Purchaser has paid the deposit, its agents, servants and subcontractors shall at all times until secured payment of the Works have been completed and balance of the OWNER has signed and handed purchase price to the CONTRACTOR the final completion form, be entitled to enter and be present on the property for construction purposes. The CONTRACTOR shall further be entitled to enter into and be present on the property for purposes of completing minor works and snags listed on the snag list. 3.2 At no time whatsoever shall the OWNER be entitled to make claim, attach or in any way claim possession or retention of any satisfaction of the CONTRACTOR's toolsSeller and signed all transfer and mortgage bond documents if requested to do so, equipment or building material and by signature hereof the OWNER waives all or any right which he may have acquired in this regard. 3.3 The OWNER Seller shall be obliged to take occupation and possession of the Works at a date agreed upon between the parties but not later than 14 (fourteen) days after the handover date and it shall be incumbent on the OWNER to monitor progress of the Works in order to enable him to make whatever arrangements which may be necessary or required by him to: 3.3.1 take give possession and occupation of the WorksUnit to the Purchaser on the Occupation Date. 7.2 From the Occupation Date: (a) All risk and profit or loss in the Unit shall pass to the Purchaser; 3.3.2 make payment (b) The Purchaser shall be entitled to any income earned from the Unit; (c) The Purchaser shall be liable for and shall pay: Initial (i) the Body Corporate Levy due to the Body Corporate; (ii) the rates due to the Municipality; (iii) The Association Levy due to the Association; (iv) utility charges and all other expenses pertaining to the Unit. (d) The Purchaser shall keep and maintain the Unit in a good, clean order and condition. Initial 7.3 The Purchaser acknowledges that on the Occupation Date the Development Scheme may be incomplete and the Purchaser and every person claiming occupation and use of the Unit through the Purchaser may suffer inconvenience from building operations and from noise and dust resulting therefrom. The Purchaser shall have no claim whatsoever against the Seller or the Seller by reason of such inconvenience. Initial 7.4 The Purchaser waives all claims against the Seller for any loss or damage to property or any amounts injury to person which the Purchaser may then still sustain in or about the Land and indemnifies the Seller against any claim that may be due made against the Seller by him a member of the Purchaser's family or any tenant, nominee, invitee or other person who occupies the Unit or Exclusive Use Areas or goes onto the Land by virtue of the Purchaser's right thereto, for any loss or damage to property or injury to persons suffered in or about the Unit or the Land. 7.5 Pending the Transfer Date, the Purchaser shall not make any structural alterations or additions to the CONTRACTOR. 3.4 Should the OWNER fail to take occupation and possession interior or exterior of the Works as provided in clause 3.3 OR on such other date as may be agreed between Unit without the parties in writing – 3.4.1 it shall irrevocably be deemed for all purposes hereunder, that the OWNER has effectively and fully taken occupation and possession prior written consent of the property and Works as set out in clause 3.3 and that all items on the snag list have been completed and accepted by the OWNER; 3.4.2 the CONTRACTOR shall not be responsible for any damages to the property after the deemed occupation date and the OWNER shall at his own cost provide security for the property against any vandalism and/or theft and/or any other damages theretoSeller. 3.5 The CONTRACTOR shall, within 14 (fourteen) days from the commencement date as defined in clause 1.1.12, inform the OWNER of the estimated occupation date in writing. It is recorded that - 3.5.1 subject to the bond being registered and/or required proof regarding payment arrangements being submitted by the estimated building commencement date, the date on which the OWNER shall be able to occupy the property is estimated to be approximately 150 (one hundred and fifty) days after the commencement date, subject to the provisions of clause 5.6. 3.5.2 should the CONTRACTOR be unable to meet the estimated occupation date defined in clause 1.1.12 and referred to in clause 3.5.1, he shall be obliged to inform the OWNER in writing thereof at least 30 (thirty) days in advance.

POSSESSION AND OCCUPATION. 3.1 The CONTRACTOR, its agents, servants and subcontractors shall at all times until the Works have been completed and the OWNER has signed and handed to the CONTRACTOR the final completion form, be entitled to enter and be present on the property for construction purposes. The CONTRACTOR shall further be entitled to enter into and be present on the property for purposes of completing minor works and snags listed on the snag list. 3.2 At no time whatsoever shall the OWNER be entitled to make claim, attach or in any way claim possession or retention of any of the CONTRACTOR's tools, equipment or building material and by signature hereof the OWNER waives all or any right which he may have acquired in this regard. 3.3 The OWNER shall be obliged to take occupation and possession of the Works at a date agreed upon between the parties but not later than 14 (fourteen) days after the handover date and it shall be incumbent on the OWNER to monitor progress of the Works in order to enable him to make whatever arrangements which may be necessary or required by him to: 3.3.1 take possession and occupation of the Works; 3.3.2 make payment of all or any amounts which may then still be due by him to the CONTRACTOR. 3.4 Should the OWNER fail to take occupation and or possession of the Works as provided in clause 3.3 OR on such other date as may be agreed between the parties in writing – 3.4.1 writing, it shall irrevocably be deemed for all purposes hereunder, that the OWNER has effectively and fully taken occupation and possession of the property and Works as set out in clause 3.3 and that all items on the snag list have been completed and accepted by the OWNER; 3.4.2 the CONTRACTOR shall not be responsible for any damages to the property after the deemed occupation date and the OWNER shall at his own cost provide security for the property against any vandalism and/or theft and/or any other damages thereto3.3. 3.5 The CONTRACTOR shall, within 14 (fourteen) days from the commencement date as defined in clause 1.1.121.1.11, inform advise the OWNER of the estimated occupation date in writing. It is recorded that - 3.5.1 subject to the bond being registered and/or required proof regarding payment arrangements being submitted by the estimated building commencement date, the date on which the OWNER shall be able to occupy the property is estimated to be approximately 150 (one hundred and fifty) days after the commencement dateof building operations, subject to the provisions of clause 5.6. 3.5.2 should the CONTRACTOR be unable to meet the estimated occupation date defined in clause 1.1.12 and referred to in clause 3.5.1, he it shall be obliged to inform the OWNER in writing thereof at least 30 (thirty) days in advance. 3.6 Notwithstanding anything to the contrary contained herein, the parties agree that, should the OWNER take occupation of the property and Works prior to the registration of the bond referred to in clause 7 hereof, the OWNER shall pay the CONTRACTOR occupational interest at 2% (two percentage points) above the prime rate charged by ABSA BANK LIMITED, calculated on the balance of the contract price owing by the OWNER to the CONTRACTOR and calculated from the date of occupation until date of receipt of the balance by the CONTRACTOR.