Common use of POSSESSION AND OCCUPATION Clause in Contracts

POSSESSION AND OCCUPATION. 7.1 Possession and occupation of the Property shall be taken by the Purchaser on the Possession Date, on which date all risk and benefit in respect thereof shall pass to the Purchaser. 7.2 The Seller shall use its best endeavours to ensure that the Property is available for occupation by the Estimated Possession Date. 7.3 Notwithstanding the aforesaid and should the Seller for whatsoever reason fail to 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 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 a result. The Seller will however, prior to the Transfer Date, ensure that should such Sections in 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 any part of the Property insofar as these may be separately metered; 7.7.4 be responsible for all obligations of an owner of a Section and the person holding exclusive use rights as set out in the Sectional Titles Act and the Sectional Titles Schemes Management Act; and 7.7.5 comply with all rules and regulations applicable to the Scheme. 7.8 The Purchaser hereby indemnifies the Seller and holds it harmless against any and all claims, expenses, liabilities and/or damages incurred or suffered by the Seller after the Possession Date.

POSSESSION AND OCCUPATION. 7.1 Possession 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 Property 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 Purchaser on OWNER; 3.4.2 the Possession Date, on which date all risk and benefit in respect thereof CONTRACTOR shall pass not be responsible for any damages to the Purchaser. 7.2 The Seller shall use its best endeavours to ensure that property after the Property is available for deemed occupation by the Estimated Possession Date. 7.3 Notwithstanding the aforesaid and should the Seller for whatsoever reason fail to 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 OWNER shall have no claim of whatsoever nature whether at his own cost provide security for cancellation or the property against any vandalism and/or theft and/or any other damages against the Seller as a result of such failurethereto. 7.4 3.5 The Seller 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 endeavour be able to give occupy the Purchaser not less than 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’ written notice of its intention to tender possession of the Property to the Purchaserdays in advance. 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 a result. The Seller will however, prior to the Transfer Date, ensure that should such Sections in 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 any part of the Property insofar as these may be separately metered; 7.7.4 be responsible for all obligations of an owner of a Section and the person holding exclusive use rights as set out in the Sectional Titles Act and the Sectional Titles Schemes Management Act; and 7.7.5 comply with all rules and regulations applicable to the Scheme. 7.8 The Purchaser hereby indemnifies the Seller and holds it harmless against any and all claims, expenses, liabilities and/or damages incurred or suffered by the Seller after the Possession Date.

POSSESSION AND OCCUPATION. 7.1 Possession and occupation of the Property unit hereby sold shall be taken tendered by the Purchaser SELLER to the PURCHASER after the completion of the building comprising of the aforesaid section purchased by the PURCHASER. The following shall irrevocably in interpreting such possession and occupation be deemed to be the position : 5.1 The PURCHASER shall be obliged to take possession and occupation of the unit hereby sold, on the Possession Datedate to be indicated in a notice of possession and occupation in writing which shall be forwarded by the SELLER to the PURCHASER, on which 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. 5.3 On the date of possession all risk and benefit risks as well as benefits in respect thereof the unit shall pass to the PurchaserPURCHASER, whether or not physical occupation has, in fact, taken place by the PURCHASER or not. 7.2 The Seller shall use its best endeavours to ensure that 5.4 If the Property is available for occupation by the Estimated Possession Date. 7.3 Notwithstanding the aforesaid and date of possession should the Seller for whatsoever reason fail to give the Purchaser occupation not have been established in accordance with any of the Property 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 date of first occupation by him, shall irrevocably also be deemed to be the Estimated Possession Datedate of possession (however, the Purchaser acknowledges SELLER reserves its right to evict the fact that PURCHASER from the Estimated Possession Date is only an estimated date and the Purchaser accordingly shall unit, if such occupation should have no claim of whatsoever nature whether for cancellation or damages against the Seller as a result of such failuretaken place otherwise than in accordance with this Agreement). 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 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 a result. The Seller will however, prior to the Transfer Date, ensure that should such Sections in 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 any part of the Property insofar as these may be separately metered; 7.7.4 be responsible for all obligations of an owner of a Section and the person holding exclusive use rights as set out in the Sectional Titles Act and the Sectional Titles Schemes Management Act; and 7.7.5 comply with all rules and regulations applicable to the Scheme. 7.8 The Purchaser hereby indemnifies the Seller and holds it harmless against any and all claims, expenses, liabilities and/or damages incurred or suffered by the Seller after the Possession Date.

POSSESSION AND OCCUPATION. 7.1 Possession and occupation of the Property shall be taken by the Purchaser on the Possession Date, on which date all risk and benefit in respect thereof shall pass to the Purchaser. 7.2 3.1. The Seller shall use its best endeavours give to ensure that the Property is available for occupation by the Estimated Possession Date. 7.3 Notwithstanding the aforesaid and should the Seller for whatsoever reason fail to 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 in writing of the Property Completion Date, provided, however, that the Seller shall, after having given the Purchaser notice as contemplated aforesaid, be entitled to postpone the Completion Date by giving further notice to the Purchaser to this effect within 30 (thirty) days of date of receipt by the Purchaser of the first notice. 3.2. Possession and occupation of the 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. 7.5 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 levies, as well as electricity and water consumed in or on the Subject Matter until date of transfer. 3.4. In the event of transfer being delayed as result of the Purchaser, the occupational rent shall increase with 30% (thirty percent), reckoned from the date on which transfer would have been possible had it not been for the delay caused by the 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. 3.5. The Seller shall not be responsible for any loss, damage or inconvenience suffered by the Purchaser by reason of any building operations which may be conducted in respect of the Property by after the Occupation Date. 3.6. The failure on the part of the Purchaser to take physical occupation (whether personally or anybody through by agent) or to accept the keys to the Subject Matter shall not affect the 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 common areas in the Scheme may be temporarily interrupted from time to time during such building operations, provided it does not interrupt the Purchaser’s beneficial occupation of the Subject Matter, but acknowledges that some of the parking bays may temporarily not be available for parking; 3.7.3. the Purchaser shall not create a tenancyhave no claim whatsoever against the Seller, that is nor shall the Purchaser be entitled to say, any reduction in the event purchase price or interest thereon by reason of this Agreement being cancelled all rights any such inconvenience and/or interruption referred to in clause 3.7.2 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, 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 Property shall lapse Subject Matter by the Purchaser (and those occupying through or under the Purchaser) between the Occupation Date and the Property date of registration of transfer, 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 in any way constitute a slight inconvenience as a result. The Seller will however, prior to the Transfer Date, ensure that should such Sections in 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 any part of the Property insofar as these may be separately metered; 7.7.4 be responsible for all obligations of an owner of a Section and the person holding exclusive use rights as set out in the Sectional Titles Act and the Sectional Titles Schemes Management Act; and 7.7.5 comply with all rules and regulations applicable to the Scheme. 7.8 The Purchaser hereby indemnifies tenancy between the Seller and holds it harmless against the Purchaser (and those occupying the Unit through or under the Purchaser); 3.7.6. the failure to deliver the Subject Matter on the Completion Date, or a later date nominated in writing, for any and all claimsreason shall not entitle the Purchaser to any claims of any nature whatsoever, expenses, liabilities and/or damages incurred or suffered by the Seller after the Possession Dateincluding consequential loss.

POSSESSION AND OCCUPATION. 7.1 Possession and occupation of the Property unit hereby sold shall be taken tendered by the Purchaser SELLER to the PURCHASER after the completion of the building comprising of the aforesaid section purchased by the PURCHASER. The following shall irrevocably in interpreting such possession and occupation be deemed to be the position : 5.1 The PURCHASER shall be obliged to take possession and occupation of the unit hereby sold, on the Possession Datedate to be indicated in a notice of possession and occupation in writing which shall be forwarded by the SELLER to the PURCHASER, on which 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. 5.3 On the date of possession all risk and benefit risks as well as benefits in respect thereof the unit shall pass to the PurchaserPURCHASER, 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 occupational interest in terms of clause 6 hereunder. 7.2 The Seller shall use its best endeavours to ensure that 5.4 If the Property is available for occupation by the Estimated Possession Date. 7.3 Notwithstanding the aforesaid and date of possession should the Seller for whatsoever reason fail to give the Purchaser occupation not have been established in accordance with any of the Property 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 date of first occupation by him, shall irrevocably also be deemed to be the Estimated Possession Datedate of possession (however, the Purchaser acknowledges SELLER reserves its right to evict the fact that PURCHASER from the Estimated Possession Date is only an estimated date and the Purchaser accordingly shall unit, if such occupation should have no claim of whatsoever nature whether for cancellation or damages against the Seller as a result of such failuretaken place otherwise than in accordance with this Agreement). 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 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 a result. The Seller will however, prior to the Transfer Date, ensure that should such Sections in 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 any part of the Property insofar as these may be separately metered; 7.7.4 be responsible for all obligations of an owner of a Section and the person holding exclusive use rights as set out in the Sectional Titles Act and the Sectional Titles Schemes Management Act; and 7.7.5 comply with all rules and regulations applicable to the Scheme. 7.8 The Purchaser hereby indemnifies the Seller and holds it harmless against any and all claims, expenses, liabilities and/or damages incurred or suffered by the Seller after the Possession Date.

POSSESSION AND OCCUPATION. 7.1 Possession Subject to payment of the deposit by the Purchaser as contemplated in clause 4.1.1, possession and occupation of the Property shall be taken by the Purchaser on the Possession Date, on which date all risk and benefit in respect thereof shall pass to the Purchaser. 7.2 The Seller shall use its best endeavours to ensure that the Property is available for occupation by the Estimated Possession Date. 7.3 Notwithstanding the aforesaid and should the Seller for whatsoever reason fail to 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, and the Seller shall be entitled to extend such date upon written notice to the Purchaser. 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 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 sections within the Scheme may at the Transfer Date not be fully complete and that the Purchaser may suffer a slight inconvenience as a result. The Seller will however, prior to the Transfer Date, ensure that should such Sections sections in 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 agents 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, which will include warm water should a central warm water system be installed, consumed on any part of the Property insofar as these may be separately metered; 7.7.4 be responsible for all obligations of an owner of a Section section and the person holding exclusive use rights as set out in the Sectional Titles Act and the Sectional Titles Schemes Management Act; and 7.7.5 comply with all rules and regulations applicable to the Scheme. 7.8 The Purchaser hereby indemnifies the Seller and holds it harmless against any and all claims, expenses, liabilities and/or damages incurred or suffered by the Seller after the Possession Date.

POSSESSION AND OCCUPATION. 7.1 Possession 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 Property 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 Purchaser on OWNER; 3.4.2 the Possession Date, on which date all risk and benefit in respect thereof CONTRACTOR shall pass not be responsible for any damages to the Purchaser. 7.2 The Seller shall use its best endeavours to ensure that property after the Property is available for deemed occupation by the Estimated Possession Date. 7.3 Notwithstanding the aforesaid and should the Seller for whatsoever reason fail to 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 OWNER shall have no claim of whatsoever nature whether at his own cost provide security for cancellation or the property against any vandalism and/or theft and/or any other damages against the Seller as a result of such failurethereto. 7.4 3.5 The Seller 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 endeavour be able to give occupy the Purchaser not less than 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’ written notice of its intention to tender possession of the Property days in advance. 3.6 Notwithstanding anything to the Purchaser. 7.5 Occupation of contrary contained herein, the Property by parties agree that, should 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 OWNER take occupation of the Property shall lapse property 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 a result. The Seller will however, Works prior to the Transfer Dateregistration of the bond referred to in clause 7 hereof, ensure that should such Sections in close proximity 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 Property not be complete that it will be secured CONTRACTOR and closed off to limit any such inconvenience. 7.7 From calculated from the Possession Date date of occupation 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 date of any such intended inspection; 7.7.3 be responsible for all costs of electricity and water consumed on any part receipt of the Property insofar as these may be separately metered; 7.7.4 be responsible for all obligations of an owner of a Section and the person holding exclusive use rights as set out in the Sectional Titles Act and the Sectional Titles Schemes Management Act; and 7.7.5 comply with all rules and regulations applicable to the Scheme. 7.8 The Purchaser hereby indemnifies the Seller and holds it harmless against any and all claims, expenses, liabilities and/or damages incurred or suffered balance by the Seller after the Possession DateCONTRACTOR.

POSSESSION AND OCCUPATION. 7.1 7.1. Vacant occupation of the property shall be given to and taken by the Purchaser on (the “occupation date”), provided that the Purchaser has complied with all his obligations in terms of this Agreement which shall include but not be limited to the delivery of bank guarantees, signing of transfer documents and payment of transfer costs. 7.2. If occupation of the Property is given to the Purchaser prior to transfer: 7.2.1. the Purchaser shall pay to the Seller occupational rental calculated at the rate of R per month. In addition to this rental payment the Purchaser shall also be responsible for the payment of water & electricity usage and the Association’s levies from the occupation date. The first of such payments shall be paid on or before the occupation date and subsequent payments shall be paid monthly in advance on the first day of each and every month. 7.2.2. the Purchaser shall not be entitled to make any alterations or improvements of whatsoever nature to the property before the transfer, unless the Purchaser obtains the Seller’s written consent to effect alterations or improvements to the Property. 7.3. Possession and occupation of the Property shall be given to and taken by the Purchaser on against transfer from which date, the Possession Date, on Purchaser shall be entitled to every benefit and income arising from the Property and from which date the Property shall be held by the Purchaser at his risk. 7.4. The Purchaser shall be responsible for and pay all risk rates & taxes and benefit in respect thereof shall pass other expenses relating to the PurchaserProperty from transfer. 7.2 7.5. The Purchaser shall on demand, refund to the seller an amount equal to all rates & taxes and other proprietary charges and/or levies pre-paid by the Seller shall use its best endeavours in relation to ensure that the Property is available for occupation by a period beyond the Estimated Possession Datedate of transfer. 7.3 Notwithstanding the aforesaid and should the Seller for whatsoever reason fail to give the Purchaser 7.6. The purchaser acknowledges that after taking occupation of the Property by property and until the Estimated Possession Datedevelopment as envisaged on the General Plan has been completed, building operations may be in progress on any portion of the Purchaser acknowledges the fact development area and that the Estimated Possession Date is only an estimated date purchaser may suffer inconvenience, noise and the Purchaser accordingly dust as a result thereof. The purchaser shall have no claim of whatsoever nature whether for cancellation or damages claims against the Seller as a result of seller arising from any such failureinconvenience, noise or dust. 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 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 7.7. In the event of this Agreement agreement being cancelled all rights for any reason whatsoever, the purchaser shall not be entitled to compensation from the seller for any alterations or improvements of whatsoever nature which the purchaser may have caused to be effected on or to the property, whether with or without the seller’s consent. No tenancy or lien or right of retention of whatsoever nature shall arise by virtue of such occupation, alterations or improvements and if this agreement is cancelled or lapses, the purchaser shall forthwith and without notice vacate the property. 7.8. The Seller warrants that the property shall be maintained in the same condition from the signature date to the occupation of the Property shall lapse and date. The Purchaser warrants that the Property shall be forthwith vacated. 7.6 The Purchaser acknowledges that all Sections within maintained in the Scheme may at same condition from the Transfer Date not be fully complete and that the Purchaser may suffer a slight inconvenience as a result. The Seller will howeveroccupation date to transfer, prior subject to the Transfer Date, ensure that should such Sections Seller’s liability for risk in close proximity to the Property not be complete that it will be secured and closed off to limit any such inconveniencepending transfer. 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 any part of the Property insofar as these may be separately metered; 7.7.4 be responsible for all obligations of an owner of a Section and the person holding exclusive use rights as set out in the Sectional Titles Act and the Sectional Titles Schemes Management Act; and 7.7.5 comply with all rules and regulations applicable to the Scheme. 7.8 The Purchaser hereby indemnifies the Seller and holds it harmless against any and all claims, expenses, liabilities and/or damages incurred or suffered by the Seller after the Possession Date.

POSSESSION AND OCCUPATION. 7.1 Possession Provided the Purchaser has paid the deposit, secured payment of the balance of the purchase price to the satisfaction of the Seller and signed all transfer and mortgage bond documents if requested to do so, the Seller shall give possession and occupation of the Property shall be taken by Unit to the Purchaser on the Possession Occupation Date, on which date all . 7.2 From the Occupation Date: (a) All risk and benefit profit or loss in respect thereof the Unit shall pass to the Purchaser; (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. 7.2 (d) The Seller Purchaser shall use its best endeavours to ensure that keep and maintain the Property is available for occupation by the Estimated Possession Date.Unit in a good, clean order and condition. Initial 7.3 Notwithstanding The Purchaser acknowledges that on the aforesaid Occupation Date the Development Scheme may be incomplete and should 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 whatsoever reason fail any loss or damage to give property or any injury to person which the Purchaser occupation may sustain in or about the Land and indemnifies the Seller against any claim that may be made against the Seller by a member of the Property 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 Estimated Possession 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 acknowledges shall not make any structural alterations or additions to 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 interior 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 exterior of the Property to Unit without the Purchaser. 7.5 Occupation prior written consent 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 vacatedSeller. 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 a result. The Seller will however, prior to the Transfer Date, ensure that should such Sections in 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 any part of the Property insofar as these may be separately metered; 7.7.4 be responsible for all obligations of an owner of a Section and the person holding exclusive use rights as set out in the Sectional Titles Act and the Sectional Titles Schemes Management Act; and 7.7.5 comply with all rules and regulations applicable to the Scheme. 7.8 The Purchaser hereby indemnifies the Seller and holds it harmless against any and all claims, expenses, liabilities and/or damages incurred or suffered by the Seller after the Possession Date.

POSSESSION AND OCCUPATION. 7.1 Possession 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 Property 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 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, 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. 3.5 The CONTRACTOR shall, within 14 (fourteen) days from the commencement date as defined in clause 1.1.11, 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 taken by able to occupy the Purchaser on the Possession Dateproperty is estimated to be approximately 150 (one hundred and fifty) days after commencement of building operations, on which date all risk and benefit in respect thereof shall pass subject to the Purchaserprovisions of clause 5.6. 7.2 The Seller shall use its best endeavours to ensure that the Property is available for occupation by the Estimated Possession Date. 7.3 Notwithstanding the aforesaid and 3.5.2 should the Seller for whatsoever reason fail CONTRACTOR be unable to give meet the Purchaser occupation of date referred to in 3.5.1, it shall be obliged to inform 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 OWNER in writing thereof at least 30 (thirty) days’ written notice of its intention to tender possession of the Property days in advance. 3.6 Notwithstanding anything to the Purchaser. 7.5 Occupation of contrary contained herein, the Property by parties agree that, should 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 OWNER take occupation of the Property shall lapse property 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 a result. The Seller will however, Works prior to the Transfer Dateregistration of the bond referred to in clause 7 hereof, ensure that should such Sections in close proximity 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 Property not be complete that it will be secured CONTRACTOR and closed off to limit any such inconvenience. 7.7 From calculated from the Possession Date date of occupation 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 date of any such intended inspection; 7.7.3 be responsible for all costs of electricity and water consumed on any part receipt of the Property insofar as these may be separately metered; 7.7.4 be responsible for all obligations of an owner of a Section and the person holding exclusive use rights as set out in the Sectional Titles Act and the Sectional Titles Schemes Management Act; and 7.7.5 comply with all rules and regulations applicable to the Scheme. 7.8 The Purchaser hereby indemnifies the Seller and holds it harmless against any and all claims, expenses, liabilities and/or damages incurred or suffered balance by the Seller after the Possession DateCONTRACTOR.

POSSESSION AND OCCUPATION. 7.1 Possession and 3.1. Subject to clause 3.2. occupation of the Property property shall be taken by the Purchaser on the Possession Date, on which date all risk and benefit in respect thereof shall pass given to the Purchaser/s on the date of registration, alternatively prior to registration on a date agreed upon between the parties, alternatively on the date of completion of the unit whichever occurs later. 7.2 3.2. Should the purchaser elects to take occupation of the property prior to registration then: 3.2.1. The purchaser shall be liable for the monthly occupational interest being one (1) % percent per month, calculated on the full purchase price, from date of occupation to date of registration of the unit in the Purchaser's name. 3.2.2. The occupational interest shall be payable monthly in advance, which payment shall be made to the transfer attorney into the trust account, the details of which are provided for in Clause 3.2.3.hereof. 3.3. The purchaser hereby acknowledges that occupation of the property in no way whatsoever creates a tenancy. 3.4. The Seller shall use its best endeavours give one calendar months notice in writing to ensure that the Property is available for occupation by the Estimated Possession Date. 7.3 Notwithstanding the aforesaid and should the Seller for whatsoever reason fail to give the Purchaser Purchaser, of date of occupation of the Property by the Estimated Possession Date, Purchaser. If the section and the sole utilization areas are not ready for beneficial occupation by the Purchaser acknowledges the fact that the Estimated Possession Date is only an estimated within 10 (ten) months from date and the Purchaser accordingly shall have no claim of whatsoever nature whether for cancellation or damages against signature of this agreement, then the Seller as a result of such failure. 7.4 The Seller shall endeavour to give the Purchaser not less than may, by giving notice at least 30 (thirty) days’ written notice of its intention days before such date to tender possession of the Property that effect to the Purchaser. 7.5 Occupation , extend such date for a further period of not more than 3 (three) months. The Seller shall not incur any liability of whatsoever nature by reason of the Property by Seller's failure to give such notice as aforesaid, or the Purchaser or anybody through section not being ready for beneficial occupation on expiration of such notice. Notwithstanding anything to the Purchaser contrary contained in the aforegoing however, if the section is not ready for beneficial occupation 6 (six) months of the date of occupation referred to above, then either party shall not create a tenancy, that is be entitled to sayresile from this agreement and the Seller shall, in the event of this Agreement being cancelled all rights either party so resiling, refund to the Purchaser the capital amounts paid by them in terms hereof plus accrued interest thereon. 3.5. The Purchaser shall be obliged to attend a pre-occupation inspection of the unit when requested by the Seller or its agent, which shall be at least 14 (FOURTEEN) days prior to the projected occupation date determined in Clause 3.3 above, in order to assist the Seller's representative to prepare a defects correction list (if any) and completion list for the building contractor to attend to. 3.6. The Purchaser shall be entitled to and obliged to accept occupation of the Property section on the occupation date. 3.7. The Purchaser shall lapse within 7 (seven) days from date of occupation deliver to the Seller a single comprehensive list signed by themselves enumerating any items in the section requiring repair by the Seller and upon repair of such items as reasonably required repair, the Property Purchaser shall be forthwith vacateddeemed to have accepted that the section is in a fit and proper condition in all respects. If the Purchaser does not deliver such list to the Seller within the said 7 (SEVEN) days it shall be deemed that the section is in a fit and proper condition. The Purchaser is obliged to grant to the Seller access to the unit during normal working days and working hours, for a period of 2 (two) weeks for the purposes of effecting the repairs, failing which the Seller is absolved from effecting any repairs. 7.6 3.8. Any dispute as to whether the section is ready for beneficial occupation, or whether repairs referred to herein above have been satisfactorily carried out, shall be referred at the instance of either party to an expert nominated at the request of either the Seller or the Purchasers by the President in Chief for the time being of the Association of South African Quantity Surveyors and that expert, acting as expert and not as arbitrator, shall settle such dispute immediately and without delay at the section and without formal pleadings or submissions and his award shall be final and binding upon both parties. For the purposes of this agreement the expression "beneficial occupation" means "reasonably habitable" by the Purchase. 3.9. The Purchaser shall from the date of occupation: 3.9.1. Be liable for the payment of the levy due to the Body Corporate as if he was the registered owner of the Unit, which liability shall be determined in accordance with the participation quota. 3.9.2. Comply with all the terms and provisions of the rules of the Body Corporate filed in the Deeds Registry, as if he was the registered owner of the Unit. The rules are deemed to be incorporated in and form part of this Agreement. 3.9.3. Be entitled to the exclusive use and enjoyment of the Section and any sole utilization areas referred to in Clause 3.1.4 above. 3.9.4. Be entitled and subject to all the rights conferred in the rules as if he was the registered owner of the Unit. (See annexure F for Rules). 3.10. Pending the establishment of a Body Corporate as envisaged in the Sectional Titles Act 95/1986 and/or in the event that the Purchaser should take occupation prior to transfer of the unit, he will not be entitled to make any alterations or additions to the section without the prior written consent of the Seller and shall be obliged to maintain the section and sole utilisation areas in a fit and proper condition and properly painted and shall also maintain the geyser and electrical fittings. 3.11. The Purchaser shall be liable for all rates payable to the local authority, electricity as well as any water (should separate water meters have been installed) used in the Unit/consumed in respect of the unit from the date determined in clause 3.3.1 hereof. 3.12. The Purchaser acknowledges that all Sections within on date of occupation by the Scheme Purchaser of his section, construction of the building/s including infrastructure and roads in the development may at not yet have been completed. The Purchaser accordingly hereby agrees that he will not have any claim against the Transfer Date Seller, its contractors, employees and invitees as a result of any damage done to the section and sole utilisation areas nor in respect of any nuisance, noise and other inconvenience from whatsoever cause arising, nor in respect of public liability. These factors shall not entitle the purchaser to refuse to take transfer or to cancel or withdraw from this agreement or to claim damages from any person .or institute interdict proceedings. The seller shall not be fully complete and that responsible for any loss, damage or inconvenience suffered by the purchaser for reason of such building operations. 3.13. The Purchaser may suffer a slight inconvenience shall be entitled to use the section only as a resultdwelling. 3.14. The Seller will howevereither personally or through its servants or agents, prior to the Transfer Date, ensure that should such Sections in close proximity to the Property not shall 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 entitled at all reasonable times to enter have access to the section for the purpose of inspecting it or to carry out any maintenance or repairs which the Seller may in terms hereof be obliged or entitled to perform whether such repairs relate to the section or not, and inspect the Property subject thereto that the Purchaser has been given prior notice of shall have no claim against the Seller for any such intended inspection; 7.7.3 be responsible for all costs of electricity and water consumed on any part disturbance in their occupancy arising out of the Property insofar as these may be separately metered; 7.7.4 be responsible for all obligations of an owner of a Section and the person holding exclusive use rights as set out in the Sectional Titles Act and the Sectional Titles Schemes Management Act; and 7.7.5 comply with all rules and regulations applicable to the Scheme. 7.8 The Purchaser hereby indemnifies the Seller and holds it harmless against any and all claims, expenses, liabilities and/or damages incurred or suffered exercise by the Seller after of the Possession Daterights hereby conferred.

POSSESSION AND OCCUPATION. 7.1 Possession 6.1 The Seller shall give and the Purchaser shall take possession and occupation of the Property shall be taken by the Purchaser on the Possession Transfer Date, on which date 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 risk and benefit his obligations in respect thereof shall pass to the Purchaserterms hereof. 7.2 6.2 The Seller shall use its best endeavours to ensure Purchaser acknowledges that after the Property is available for occupation by the Estimated Possession Date. 7.3 Notwithstanding the aforesaid and should Transfer Date the Seller for whatsoever reason fail to give and/or its agents, contractors and workmen may be engaged in erecting other dwellings, driveways and other structures on 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 unit and the Purchaser accordingly 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 of whatsoever nature whether for cancellation or damages against the Seller as a result by reason 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 Property to any inconvenience or interference with the Purchaser. 7.5 Occupation of the Property by the Purchaser or anybody through 's rights arising here from and the Purchaser shall not create a tenancy, that is to saynot, in any way whatsoever, interfere with the event of this Agreement being cancelled all rights to the occupation performance 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 aforesaid work. On the Transfer Date not the further possibility exists that the building/s and the other structures and/or improvements, including infrastructure and roads in the scheme may be fully complete incomplete and that the Purchaser may suffer a slight 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. The Seller will however, prior 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 Transfer Dateunit and any deposits and fees payable in connection with the supply of such services. In no way detracting from the aforesaid, ensure it is specifically recorded that should such Sections in close proximity 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 Property not be complete that it will be secured and closed off to limit any such inconvenience. 7.7 From unit. If the Possession Date until unit is separately metered for the Transfer Date supply of electricity and/or water thereto, the Purchaser shall - 7.7.1 keep make arrangements with the Property in good repairsuppliers to obtain the relevant connections and shall pay for any consumption thereof; 7.7.2 permit 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 injury to person which the Purchaser may 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 made against the developer, the VDVHOA, the Seller or its agent at all reasonable times the Body Corporate by 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 enter and inspect unit or injury to person suffered in or about the Property subject thereto that the Purchaser has been given prior notice of unit, or any such intended inspection; 7.7.3 be responsible for all costs of electricity and water consumed on any other part of the Property insofar as these development howsoever such loss or damage to unit or injury to person may be separately metered; 7.7.4 be responsible caused (save for all obligations of an owner of a Section and the person holding exclusive use rights as set out in the Sectional Titles Act and the Sectional Titles Schemes Management Act; and 7.7.5 comply with all rules and regulations applicable any loss or damage to the Scheme. 7.8 The Purchaser hereby indemnifies unit or injury to person caused by the wilful or grossly negligent acts of the developer, the VDVHOA, the Seller and holds it harmless against any and all claimsor the Body Corporate, expenses, liabilities and/or damages incurred or suffered by as the Seller after the Possession Date.case may be);

POSSESSION AND OCCUPATION. 7.1 Possession and occupation 2.1 The Seller shall give the Purchaser not less than 60 days notice in writing of the Property shall occupation date of the unit, provided that, the Seller shall, after having given the Purchaser notice as contemplated aforesaid, be taken entitled to a postponement of the occupation date for a further 60 (sixty) days by giving notice to the Purchaser to this effect within 21 days of date of receipt by the Purchaser on of the Possession Date, on which date all risk and benefit in respect thereof shall pass to the Purchaserfirst notice. 7.2 2.2 The Seller shall use its best endeavours to ensure procure that the Property unit is available for occupation by the Estimated Possession Date. 7.3 Notwithstanding estimated occupation date. Subject to the aforesaid and provisions of clause 4.3 hereof, should the Seller for any reason whatsoever reason fail be unable to give the Purchaser occupation of the Property unit by the Estimated Possession Dateestimated occupation date, then 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 failurethereof. 7.4 The Seller 2.3 All risk and benefit in respect of the unit shall endeavour pass to give the Purchaser not less than 30 (thirty) days’ written notice of its intention to tender possession on the occupation date. 2.4 If transfer of the Property unit is registered after the occupation date, the Purchaser shall pay to the PurchaserSeller occupational interest as provided for in 3 hereunder. 7.5 Occupation 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 Property 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 or anybody through in terms of clause 2.4 above shall be at the Purchaser shall not create a tenancy, 3% (three percent) above the prime rate calculated from the date that is to say, in the event of this Agreement being cancelled all rights conveyancers certify that transfer would have registered to the occupation of the Property shall lapse and the Property shall be forthwith vacateddate that transfer does in fact register, both dates inclusive. 7.6 2.6 The Purchaser acknowledges that all Sections within on the Scheme transfer date, the building/s and the other structures and/or improvements, including infrastructure and roads in the development may at the Transfer Date not be fully complete incomplete and that the Purchaser may suffer a slight inconvenience as a resultfrom 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 will howevernor shall the Seller be responsible for any loss, prior 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 Transfer Date, ensure that should such Sections in close proximity to section shall not affect the Property not be complete that it will be secured and closed off to limit any such inconvenienceDate of Occupation which shall remain as defined. 7.7 From 2.9 The Seller and/or the Possession Date until Seller's duly authorised agent shall be entitled to inspect the Transfer Date the Purchaser shall - 7.7.1 keep the Property in good repair; 7.7.2 permit the Seller or its agent unit at all reasonable times prior 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 any part of the Property insofar as these may be separately metered; 7.7.4 be responsible for all obligations of an owner of a Section and the person holding exclusive use rights as set out in the Sectional Titles Act and the Sectional Titles Schemes Management Act; and 7.7.5 comply with all rules and regulations applicable to the Schemetransfer. 7.8 The Purchaser hereby indemnifies the Seller and holds it harmless against any and all claims, expenses, liabilities and/or damages incurred or suffered by the Seller after the Possession Date.