Common use of RIGHTS AND OBLIGATIONS OF THE SELLER Clause in Contracts

RIGHTS AND OBLIGATIONS OF THE SELLER. 15.1 The Seller is entitled to utilise any one or more of its unsold houses/ buildings on the Development until all the xxxxx in the Development have been sold as a sales office and/or a show house and/or temporary functional clubhouse. 15.2 The Seller shall develop and market the Development in phases (as the Seller deems fit) and, for as long as the Seller is a member of the HOA, the Seller shall enjoy unrestricted rights with regard to the marketing of the Development and, in particular, the right to erect signage within and outside of the Development. 15.3 The Seller has reserved the right and is entitled to build and establish on the Development other amenities and facilities as it in its sole discretion deems fit. The Seller shall in its sole discretion, be entitled to establish such aforementioned amenities and facilities on any portion of the Development with the approval of the local or relevant authority and operate same for its own benefit, separate and independent from the remainder of the Development. 15.4 With regards to facilities situated on the so-called Greater Val de Vie Estate (i.e. the areas falling under the jurisdiction of the Val de Vie Winelands Lifestyle Estate Homeowners’ Association and the Val de Vie II Homeowners’ Association (“the VDV HOAs”) adjacent to the Pearl Valley Estate, the Purchaser shall, as a member of the HOA, be entitled to access to the facilities and land forming part of the Greater Val de Vie Estate – 15.4.1 on the basis that such access is not indefinite and can be revoked by the VDV HOAs on short notice to the HOA; and 15.4.2 subject to conditions of membership or other rules laid down by the owners of such facilities and/or the VDV HOAs. 15.5 The Seller, or its successors-in-title shall, be entitled to apply for, and subject to the necessary approval being granted by the local authority, vary the layout and/or zoning and/or size and/or boundaries of xxxxx and/or the extent and position of streets comprising the Development, provided that the Seller shall do so in consultation with the Purchaser if any such variation shall materially adversely affect the rights of the Purchaser and shall be bound thereby and shall have no claim of whatsoever nature against the Seller or its successors-in-title arising therefrom.

RIGHTS AND OBLIGATIONS OF THE SELLER. 15.1 The Seller is entitled to utilise any one or more of its unsold houses/ buildings on the Development until all the xxxxx in the Development have been sold as a sales office and/or a show house and/or temporary functional clubhouse. 15.2 The Seller shall develop and market the Development in phases (as the Seller deems fit) and, for as long as the Seller is a member of the HOA, the Seller shall enjoy unrestricted rights with regard to the marketing of the Development and, in particular, the right to erect signage within and outside of the Development. 15.3 The Seller has reserved the right and is entitled to build and establish on the Development other amenities and facilities as it in its sole discretion deems fit. The Seller shall in its sole discretion, be entitled to establish such aforementioned amenities and facilities on any portion of the Development with the approval of the local or relevant authority and operate same for its own benefit, separate and independent from the remainder of the Development. 15.4 With regards to facilities situated on the so-called Greater Val de Vie Estate (i.e. the areas falling under the jurisdiction of the Val de Vie Winelands Lifestyle Estate Homeowners’ Association and the Val de Vie II Homeowners’ Association (“the VDV HOAs”Association) adjacent to the Pearl Valley EstateDevelopment, the Purchaser shall, as a member of the HOA, shall be entitled to access to the facilities and land forming part of the Greater Val de Vie Estate – 15.4.1 on the basis that such access is not indefinite and can be revoked by the VDV HOAs on short notice to the HOA; and 15.4.2 subject to conditions of membership or other rules laid down by the owners of such facilities and/or land or the VDV HOAsrelevant homeowners’ associations having jurisdiction over the land forming part of the Greater Val de Vie Estate or any other relevant homeowners association. 15.5 The Seller, or its successors-in-title shall, be entitled to apply for, and subject to the necessary approval being granted by the local authority, vary the layout and/or zoning and/or size and/or boundaries of xxxxx and/or the extent and position of streets comprising the Development, provided that the Seller shall do so in consultation with the Purchaser if any such variation shall materially adversely affect the rights of the Purchaser and shall be bound thereby and shall have no claim of whatsoever nature against the Seller or its successors-in-title arising therefrom.

RIGHTS AND OBLIGATIONS OF THE SELLER. 15.1 19.1 The Seller is entitled to utilise any one or more of its unsold houses/ buildings on the Pearl Valley Development until all the xxxxx in the Pearl Valley Development have been sold as a sales office and/or a show house and/or temporary functional clubhouse. 15.2 19.2 The Seller shall develop and market the Pearl Valley Development in phases (as the Seller deems fit) and, for as long as the Seller is a member of the HOA, the Seller shall enjoy unrestricted rights with regard to the marketing of the Pearl Valley Development and, in particular, the right to erect signage within and outside of the Pearl Valley Development. 15.3 19.3 The Seller has reserved the right and is entitled shall be entitled, in its sole and absolute discretion to – 19.3.1 build and establish on the Development Land a hotel, spa, restaurants and any other amenities and facilities as it in its sole discretion deems fit. The Seller ; 19.3.2 subdivide from the Land the sites for such aforesaid amenities and facilities as separate Xxxxx and shall in its sole discretion, be entitled to establish such dispose of and/or operate the aforementioned amenities and facilities on any portion of the Development with the approval of the local or relevant authority and operate same for its own benefit, separate and independent from the remainder of the Pearl Valley Development.; 15.4 With regards 19.3.3 establish and locate the amenities and facilities referred to facilities situated in clause 19.4 on the so-called Greater Val de Vie Estate (i.e. the areas falling under the jurisdiction any portion of the Val de Vie Winelands Lifestyle Estate Homeowners’ Association and Land, save such Xxxxx that have already been sold to owners other than the Val de Vie II Homeowners’ Association (“Seller, with the VDV HOAs”) adjacent to the Pearl Valley Estate, the Purchaser shall, as a member approval of the HOA, be entitled to access to the facilities and land forming part of the Greater Val de Vie Estate – 15.4.1 on the basis that such access is not indefinite and can be revoked by the VDV HOAs on short notice to the HOArelevant local authority; and 15.4.2 subject 19.3.4 to conditions of membership designate the Golf Course, Club Facilities, Recreational Facilities and such other amenities and facilities referred to above as separate xxxxx and to retain or other rules laid down by transfer or sell the owners of such facilities and/or the VDV HOAsownership thereof for its own benefit. 15.5 19.4 The SellerSeller may at any time and in its sole discretion, sell or its successors-in-title shalltransfer one or some or all of the Golf Course, be entitled the Club, the Club Facilities and the Recreational Facilities to apply for, and subject to the necessary approval being granted by the local authority, vary the layout and/or zoning and/or size and/or boundaries of xxxxx and/or the extent and position of streets comprising the Development, any third party or entity provided that it has first offered the HOA the right to purchase the asset(s) in question at the same price and on the same terms as proposed. The HOA shall not have a right of first refusal as set out above in circumstances where the Seller shall do so has a direct or indirect interest in consultation with the Purchaser if any such variation shall materially adversely affect the rights of the Purchaser and shall be bound thereby and shall have no claim of whatsoever nature against the Seller third party or its successors-in-title arising therefromentity in question.

RIGHTS AND OBLIGATIONS OF THE SELLER. 15.1 20.1 The Seller is entitled to utilise any one or more of its unsold houses/ buildings on the Development Acres Precinct until all the xxxxx in the Development Acres Precinct have been sold as a sales office and/or a show house and/or temporary functional clubhouse. 15.2 20.2 The Seller shall develop and market the Development Acres Precinct in phases (as the Seller deems fit) and, for as long as the Seller is a member of the HOA, the Seller shall enjoy unrestricted rights with regard to the marketing of the Development Acres Precinct and, in particular, the right to erect signage within and outside of the DevelopmentAcres Precinct. 15.3 20.3 The Seller has reserved the right and is entitled to build and establish on the Development Acres Precinct other amenities and facilities as it in its sole discretion deems fit. The Seller shall in its sole discretion, discretion be entitled to establish such aforementioned amenities and facilities on any portion of the Development Acres Precinct with the approval of the local or relevant authority and operate same for its own benefit, separate and independent from the remainder of the DevelopmentAcres Precinct. 15.4 20.4 With regards to facilities situated on the so-called Greater Val de Vie Estate (i.e. the areas falling under the jurisdiction of the Val de Vie Winelands Lifestyle Estate Homeowners’ Association and the Val de Vie II Homeowners’ Association (“the VDV HOAs”) adjacent to the Pearl Valley Estate, the Purchaser shall, as a member of the HOA, be entitled to access to the facilities and land forming part of the Greater Val de Vie Estate – 15.4.1 20.4.1 on the basis that such access is not indefinite and can be revoked by the VDV HOAs on short notice to the HOA; and 15.4.2 20.4.2 subject to conditions of membership or other rules laid down by the owners of such facilities and/or the VDV HOAs. 15.5 20.5 The Seller, or its successors-in-title shalltitle, shall be entitled to apply for, and subject to the necessary approval being granted by the local authority, vary the layout and/or zoning and/or size and/or boundaries of xxxxx and/or the extent and position of streets comprising the DevelopmentAcres Precinct, provided that the Seller shall do so in consultation with the Purchaser if any such variation shall materially adversely affect the rights of the Purchaser and shall be bound thereby and shall have no claim of whatsoever nature against the Seller or its successors-in-title arising therefrom.

RIGHTS AND OBLIGATIONS OF THE SELLER. 15.1 17.1 The Seller is entitled to utilise any one or more of its unsold houses/ buildings on the Development until all the xxxxx in the Development have been sold as a sales office and/or a show house and/or temporary functional clubhouse. 15.2 17.2 The Seller shall develop and market the Development in phases (as the Seller deems fit) and, for as long as the Seller is a member of the HOA, the Seller shall enjoy unrestricted rights with regard to the marketing of the Development and, in particular, the right to erect signage within and outside of the Development. 15.3 17.3 The Seller has reserved the right and is entitled to build and establish on the Development other amenities and facilities as it in its sole discretion deems fit. The Seller shall in its sole discretion, be entitled to establish such aforementioned amenities and facilities on any portion of the Development with the approval of the local or relevant authority and operate same for its own benefit, separate and independent from the remainder of the Development. 15.4 17.4 With regards to facilities situated on the so-called Greater Val de Vie Estate (i.e. the areas falling under the jurisdiction of the Val de Vie Winelands Lifestyle Estate Homeowners’ Association and the Val de Vie II Homeowners’ Association (“the VDV HOAs”) adjacent to the Pearl Valley Estate, the Purchaser shall, as a member of the HOA, be entitled to access to the facilities and land forming part of the Greater Val de Vie Estate – 15.4.1 17.4.1 on the basis that such access is not indefinite and can be revoked by the VDV HOAs on short notice to the HOA; and 15.4.2 17.4.2 subject to conditions of membership or other rules laid down by the owners of such facilities and/or the VDV HOAs. 15.5 17.5 The Seller, or its successors-in-title shall, be entitled to apply for, and subject to the necessary approval being granted by the local authority, vary the layout and/or zoning and/or size and/or boundaries of xxxxx and/or the extent and position of streets comprising the Development, provided that the Seller shall do so in consultation with the Purchaser if any such variation shall materially adversely affect the rights of the Purchaser and shall be bound thereby and shall have no claim of whatsoever nature against the Seller or its successors-in-title arising therefrom.

RIGHTS AND OBLIGATIONS OF THE SELLER. 15.1 20.1 The Seller is entitled to utilise any one or more of its unsold houses/ houses/buildings on the Development until all the xxxxx in the Development have been sold as a sales office and/or a show house and/or temporary functional clubhouse. 15.2 20.2 The Seller shall develop and market the Development in phases (as the Seller deems fit) and, for as long as the Seller is a member of the HOA, the Seller shall enjoy unrestricted rights with regard to the marketing of the Development and, in particular, the right to erect signage within and outside of the Development. 15.3 20.3 With regards to facilities situated on the Development and the Val de Vie 1 Estate, the Purchaser shall be entitled to access to the facilities and land forming part of the Development and the Val de Vie 1 Estate subject to conditions of membership or other rules laid down by the owners of such land or the HOA or any other relevant homeowners association and this will include – 20.3.1 the right to become a member of the polo club, subject to such club's rules and constitution, including the obligation to pay membership fees as determined by the club; and 20.3.2 the right of reasonable access to the farm land along servitudes created in favour of the HOA, subject to the rules laid down by the relevant owner thereof. 20.4 The Seller has reserved the right and is entitled to build and establish on the Development other amenities and facilities as it in its sole discretion deems fit. The Seller shall in its sole discretion, be entitled to establish such aforementioned amenities and facilities on any portion of the Development with the approval of the local or relevant authority and operate same for its own benefit, separate and independent from the remainder of the Development. 15.4 20.5 With regards to facilities situated on the so-called Greater Val de Vie Estate (i.e. the areas falling under the jurisdiction of the Val de Vie Winelands Lifestyle Estate Homeowners’ Association and the Val de Vie II Homeowners’ Association (“the VDV HOAs”) adjacent to the Pearl Valley EstateDevelopment, the Purchaser shall, as a member of the HOA, shall be entitled to access to the facilities and land forming part of the Greater Val de Vie Estate – 15.4.1 on the basis that such access is not indefinite and can be revoked by the VDV HOAs on short notice to the HOA; and 15.4.2 subject to conditions of membership or other rules laid down by the owners of such land or the relevant homeowners’ associations having jurisdiction over the land forming part of the Greater Val de Vie Estate or any other relevant homeowners association and such access and usage shall at all times be at the discretion of the relevant owners of such facilities and/or and land and the VDV HOAsrelevant homeowners’ associations having jurisdiction in respect thereof. 15.5 20.6 The Seller, or its successors-in-title shall, be entitled to apply for, and subject to the necessary approval being granted by the local authority, vary the layout and/or zoning and/or size and/or boundaries of xxxxx and/or the extent and position of streets comprising the Development, provided that the Seller shall do so in consultation with the Purchaser if any such variation shall materially adversely affect the rights of the Purchaser and shall be bound thereby and shall have no claim of whatsoever nature against the Seller or its successors-in-title arising therefrom.

RIGHTS AND OBLIGATIONS OF THE SELLER. 15.1 The Seller is entitled to utilise any one or more of its unsold houses/ buildings on the Development until all the xxxxx in the Development have been sold as a sales office and/or a show house and/or temporary functional clubhouse. 15.2 The Seller shall develop and market the Development in phases (as the Seller deems fit) and, for as long as the Seller is a member of the HOA, the Seller shall enjoy unrestricted rights with regard to the marketing of the Development and, in particular, the right to erect signage within and outside of the Development. 15.3 The Seller has reserved the right and is entitled to build and establish on the Development other amenities and facilities as it in its sole discretion deems fit. The Seller shall in its sole discretion, be entitled to establish such aforementioned amenities and facilities on any portion of the Development with the approval of the local or relevant authority and operate same for its own benefit, separate and independent from the remainder of the Development. 15.4 With regards to facilities situated on the so-called Greater Val de Vie Estate (i.e. the areas falling under the jurisdiction of the Val de Vie Winelands Lifestyle Estate Homeowners’ Association and the Val de Vie II Homeowners’ Association (“the VDV HOAs”) adjacent to the Pearl Valley Estate, the Purchaser shall, as a member of the HOA, be entitled to access to the facilities and land forming part of the Greater Val de Vie Estate – 15.4.1 on the basis that such access is not indefinite and can be revoked by the VDV HOAs on short notice to the HOA; and 15.4.2 subject to conditions of membership or other rules laid down by the owners of such facilities and/or the VDV HOAs. 15.5 The Seller, or its successors-in-title shall, be entitled to apply for, and subject to the necessary approval being granted by the local authority, vary the layout and/or zoning and/or size and/or boundaries of xxxxx and/or the extent and position of streets comprising the Development, provided that the Seller shall do so in consultation with the Purchaser if any such variation shall materially adversely affect the rights of the Purchaser and shall be bound thereby and shall have no claim of whatsoever nature against the Seller or its successors-in-title arising therefrom.

RIGHTS AND OBLIGATIONS OF THE SELLER. 15.1 20.1 The Seller is entitled to utilise any one or more of its unsold houses/ buildings on the Development Acres Precinct until all the xxxxx in the Development Acres Precinct have been sold as a sales office and/or a show house and/or temporary functional clubhouse. 15.2 20.2 The Seller shall develop and market the Development Acres Precinct in phases (as the Seller deems fit) and, for as long as the Seller is a member of the HOA, the Seller shall enjoy unrestricted rights with regard to the marketing of the Development Acres Precinct and, in particular, the right to erect signage within and outside of the DevelopmentAcres Precinct. 15.3 20.3 The Seller has reserved the right and is entitled to build and establish on the Development Acres Precinct other amenities and facilities as it in its sole discretion deems fit. The Seller shall in its sole discretion, discretion be entitled to establish such aforementioned amenities and facilities on any portion of the Development Acres Precinct with the approval of the local or relevant authority and operate same for its own benefit, separate and independent from the remainder of the DevelopmentAcres Precinct. 15.4 20.4 With regards to facilities situated on the so-called Greater Val de Vie Estate (i.e. the areas falling under the jurisdiction of the Val de Vie Winelands Lifestyle Estate Homeowners’ Association and the Val de Vie II Homeowners’ Association (“the VDV HOAs”) adjacent to the Pearl Valley Estate, the Purchaser shall, as a member of the HOA, be entitled to access to the facilities and land forming part of the Greater Val de Vie Estate –VDV 15.4.1 20.4.1 on the basis that such access is not indefinite and can be revoked by the VDV HOAs on short notice to the HOA; and 15.4.2 20.4.2 subject to conditions of membership or other rules laid down by the owners of such facilities and/or the VDV HOAs. 15.5 20.5 The Seller, or its successors-in-title shalltitle, shall be entitled to apply for, and subject to the necessary approval being granted by the local authority, vary the layout and/or zoning and/or size and/or boundaries of xxxxx and/or the extent and position of streets comprising the DevelopmentAcres Precinct, provided that the Seller shall do so in consultation with the Purchaser if any such variation shall materially adversely affect the rights of the Purchaser and shall be bound thereby and shall have no claim of whatsoever nature against the Seller or its successors-in-title arising therefrom.

RIGHTS AND OBLIGATIONS OF THE SELLER. 15.1 20.1 The Seller is entitled to utilise any one or more of its unsold houses/ buildings on the Development Acres Precinct until all the xxxxx in the Development Acres Precinct have been sold as a sales office and/or a show house and/or temporary functional clubhouse. 15.2 20.2 The Seller shall develop and market the Development Acres Precinct in phases (as the Seller deems fit) and, for as long as the Seller is a member of the HOA, the Seller shall enjoy unrestricted rights with regard to the marketing of the Development Acres Precinct and, in particular, the right to erect signage within and outside of the DevelopmentAcres Precinct. 15.3 20.3 The Seller has reserved the right and is entitled to build and establish on the Development Acres Precinct other amenities and facilities as it in its sole discretion deems fit. The Seller shall in its sole discretion, discretion be entitled to establish such aforementioned amenities and facilities on any portion of the Development Acres Precinct with the approval of the local or relevant authority and operate same for its own benefit, separate and independent from the remainder of the DevelopmentAcres Precinct. 15.4 20.4 With regards to facilities situated on the so-called Greater Val de Vie Estate (i.e. the areas falling under the jurisdiction of the Val de Vie Winelands Lifestyle Estate Homeowners’ Association and the Val de Vie II Homeowners’ Association (“the VDV HOAs”) adjacent to the Pearl Valley Estate, the Purchaser shall, as a member of the HOA, be entitled to access to the facilities and land forming part of the Greater Val de Vie Estate – 15.4.1 20.4.1 on the basis that such access is not indefinite and can be revoked by the VDV HOAs on short notice to the HOA; and 15.4.2 20.4.2 subject to conditions of membership or other rules laid down by the owners of such facilities and/or the VDV HOAs. 15.5 The Seller, or its successors-in-title shall, be entitled to apply for, and subject to the necessary approval being granted by the local authority, vary the layout and/or zoning and/or size and/or boundaries of xxxxx and/or the extent and position of streets comprising the Development, provided that the Seller shall do so in consultation with the Purchaser if any such variation shall materially adversely affect the rights of the Purchaser and shall be bound thereby and shall have no claim of whatsoever nature against the Seller or its successors-in-title arising therefrom.

RIGHTS AND OBLIGATIONS OF THE SELLER. 15.1 20.1 The Seller is entitled to utilise any one or more of its unsold houses/ buildings on the Development La Vue II Precinct until all the xxxxx in the Development La Vue II Precinct have been sold as a sales office and/or a show house and/or temporary functional clubhouse. 15.2 20.2 The Seller shall develop and market the Development La Vue II Precinct in phases (as the Seller deems fit) and, for as long as the Seller is a member of the HOA, the The Seller shall enjoy unrestricted rights with regard to the marketing of the Development La Vue II Precinct and, in particular, the right to erect signage within and outside of the DevelopmentLa Vue II Precinct. 15.3 20.3 The Seller has reserved the right and is entitled to build and establish on the Development La Vue II Precinct other amenities and facilities as it in its sole discretion deems fit. The Seller shall in its sole discretion, be entitled to establish such aforementioned amenities and facilities on any portion of the Development La Vue II Precinct with the approval of the local or relevant authority and operate same for its own benefit, separate and independent from the remainder of the DevelopmentLa Vue II Precinct. 15.4 20.4 With regards to facilities situated on the so-called Greater Val de Vie Estate (i.e. the areas falling under the jurisdiction of the Val de Vie Winelands Lifestyle Estate Homeowners’ Association and the Val de Vie II Homeowners’ Association (“the VDV HOAs”) adjacent to the Pearl Valley EstateDevelopment, the Purchaser shall, as a member of the HOA, shall be entitled to access to the facilities and land forming part of the Greater Val de Vie Estate – 15.4.1 on the basis that such access is not indefinite and can be revoked by the VDV HOAs on short notice to the HOA; and 15.4.2 Development subject to conditions of membership or other rules laid down by the owners of such facilities and/or land or the VDV HOAsHOA or any other relevant home owners association and this will include – 20.4.1 the right to become a member of the polo club, subject to such club's rules and constitution, including the obligation to pay membership fees as determined by the club; and 20.4.2 the right of reasonable access to the farm land along servitudes created in favour of the HOA or any other relevant home owners’ association, subject to the rules laid down by the relevant owner thereof. 15.5 20.5 The Seller, or its successors-in-title shall, be entitled to apply for, and subject to the necessary approval being granted by the local authority, vary the layout and/or zoning and/or size and/or boundaries of xxxxx and/or the extent and position of streets comprising the DevelopmentLa Vue II Precinct, provided that the Seller shall do so in consultation with the Purchaser if any such variation shall materially adversely affect the rights of the Purchaser and shall be bound thereby and shall have no claim of whatsoever nature against the Seller or its successors-in-title arising therefrom.

RIGHTS AND OBLIGATIONS OF THE SELLER. 15.1 17.1 The Seller is entitled to utilise any one or more of its unsold houses/ buildings on the Development until all the xxxxx in the Development have been sold as a sales office and/or a show house and/or temporary functional clubhouse. 15.2 17.2 The Seller shall develop and market the Development in phases (as the Seller deems fit) and, for as long as the Seller is a member of the HOA, the Seller shall enjoy unrestricted rights with regard to the marketing of the Development and, in particular, the right to erect signage within and outside of the Development. 15.3 17.3 The Seller has reserved the right and is entitled to build and establish on the Development other amenities and facilities as it in its sole discretion deems fit. The Seller shall in its sole discretion, be entitled to establish such aforementioned amenities and facilities on any portion of the Development with the approval of the local or relevant authority and operate same for its own benefit, separate and independent from the remainder of the Development. 15.4 17.4 With regards to facilities situated on the so-called Greater Val de Vie Estate (i.e. the areas falling under the jurisdiction of the Val de Vie Winelands Lifestyle Estate Homeowners’ Association and the Val de Vie II Homeowners’ Association (“the VDV HOAs”) adjacent to the Pearl Valley Estate, the Purchaser shall, as a member of the HOA, be entitled to access to the facilities and land forming part of the Greater Val de Vie Estate – 15.4.1 17.4.1 on the basis that such access is not indefinite and can be revoked by the VDV HOAs on short notice to the HOA; and 15.4.2 17.4.2 subject to conditions of membership or other rules laid down by the owners of such facilities and/or the VDV HOAs. 15.5 The Seller, or its successors-in-title shall, be entitled to apply for, and subject to the necessary approval being granted by the local authority, vary the layout and/or zoning and/or size and/or boundaries of xxxxx and/or the extent and position of streets comprising the Development, provided that the Seller shall do so in consultation with the Purchaser if any such variation shall materially adversely affect the rights of the Purchaser and shall be bound thereby and shall have no claim of whatsoever nature against the Seller or its successors-in-title arising therefrom.

RIGHTS AND OBLIGATIONS OF THE SELLER. 15.1 18.1 The Seller is entitled to utilise any one or more of its unsold houses/ buildings on the Development until all the xxxxx in the Development have been sold as a sales office and/or a show house and/or temporary functional clubhouse. 15.2 18.2 The Seller shall develop and market the Development in phases (as the Seller deems fit) and, for as long as the Seller is a member of the HOA, the Seller shall enjoy unrestricted rights with regard to the marketing of the Development and, in particular, the right to erect signage within and outside of the Development. 15.3 18.3 With regards to facilities situated on the Development and the Val de Vie 1 Estate, the Purchaser shall be entitled to access to the facilities and land forming part of the Development and the Val de Vie 1 Estate subject to conditions of membership or other rules laid down by the owners of such land or the HOA or any other relevant homeowners association and this will include – 18.3.1 the right to become a member of the polo club, subject to such club's rules and constitution, including the obligation to pay membership fees as determined by the club; and 18.3.2 the right of reasonable access to the farm land along servitudes created in favour of the HOA, subject to the rules laid down by the relevant owner thereof. 18.4 The Seller has reserved the right and is entitled to build and establish on the Development other amenities and facilities as it in its sole discretion deems fit. The Seller shall in its sole discretion, be entitled to establish such aforementioned amenities and facilities on any portion of the Development with the approval of the local or relevant authority and operate same for its own benefit, separate and independent from the remainder of the Development. 15.4 18.5 With regards to facilities situated on the so-called Greater Val de Vie Estate (i.e. the areas falling under the jurisdiction of the Val de Vie Winelands Lifestyle Estate Homeowners’ Association and the Val de Vie II Homeowners’ Association (“the VDV HOAs”) adjacent to the Pearl Valley EstateDevelopment, the Purchaser shall, as a member of the HOA, shall be entitled to access to the facilities and land forming part of the Greater Val de Vie Estate – 15.4.1 on the basis that such access is not indefinite and can be revoked by the VDV HOAs on short notice to the HOA; and 15.4.2 subject to conditions of membership or other rules laid down by the owners of such land or the relevant homeowners’ associations having jurisdiction over the land forming part of the Greater Val de Vie Estate or any other relevant homeowners association and such access and usage shall at all times be at the discretion of the relevant owners of such facilities and/or and land and the VDV HOAsrelevant homeowners’ associations having jurisdiction in respect thereof. 15.5 18.6 The Seller, or its successors-in-title shall, be entitled to apply for, and subject to the necessary approval being granted by the local authority, vary the layout and/or zoning and/or size and/or boundaries of xxxxx and/or the extent and position of streets comprising the Development, provided that the Seller shall do so in consultation with the Purchaser if any such variation shall materially adversely affect the rights of the Purchaser and shall be bound thereby and shall have no claim of whatsoever nature against the Seller or its successors-in-title arising therefrom.

RIGHTS AND OBLIGATIONS OF THE SELLER. 15.1 16.1 The Seller is entitled to utilise any one or more of its unsold houses/ buildings on the Development until all the xxxxx in the Development have been sold as a sales office and/or a show house and/or temporary functional clubhouse. 15.2 16.2 The Seller shall develop and market the Development in phases (as the Seller deems fit) and, for as long as the Seller is a member of the HOA, the Seller shall enjoy unrestricted rights with regard to the marketing of the Development and, in particular, the right to erect signage within and outside of the Development. 15.3 16.3 With regards to facilities situated on the Development and the Val de Vie 1 Estate, the Purchaser shall be entitled to access to the facilities and land forming part of the Development and the Val de Vie 1 Estate subject to conditions of membership or other rules laid down by the owners of such land or the HOA or any other relevant homeowners association and this will include – 16.3.1 the right to become a member of the polo club, subject to such club's rules and constitution, including the obligation to pay membership fees as determined by the club; and 16.3.2 the right of reasonable access to the farm land along servitudes created in favour of the HOA, subject to the rules laid down by the relevant owner thereof. 16.4 The Seller has reserved the right and is entitled to build and establish on the Development other amenities and facilities as it in its sole discretion deems fit. The Seller shall in its sole discretion, be entitled to establish such aforementioned amenities and facilities on any portion of the Development with the approval of the local or relevant authority and operate same for its own benefit, separate and independent from the remainder of the Development. 15.4 16.5 With regards to facilities situated on the so-called Greater Val de Vie Estate (i.e. the areas falling under the jurisdiction of the Val de Vie Winelands Lifestyle Estate Homeowners’ Association and the Val de Vie II Homeowners’ Association (“the VDV HOAs”) adjacent to the Pearl Valley EstateDevelopment, the Purchaser shall, as a member of the HOA, shall be entitled to access to the facilities and land forming part of the Greater Val de Vie Estate – 15.4.1 on the basis that such access is not indefinite and can be revoked by the VDV HOAs on short notice to the HOA; and 15.4.2 subject to conditions of membership or other rules laid down by the owners of such land or the relevant homeowners’ associations having jurisdiction over the land forming part of the Greater Val de Vie Estate or any other relevant homeowners association and such access and usage shall at all times be at the discretion of the relevant owners of such facilities and/or and land and the VDV HOAsrelevant homeowners’ associations having jurisdiction in respect thereof. 15.5 16.6 The Seller, or its successors-in-title shall, be entitled to apply for, and subject to the necessary approval being granted by the local authority, vary the layout and/or zoning and/or size and/or boundaries of xxxxx and/or the extent and position of streets comprising the Development, provided that the Seller shall do so in consultation with the Purchaser if any such variation shall materially adversely affect the rights of the Purchaser and shall be bound thereby and shall have no claim of whatsoever nature against the Seller or its successors-in-title arising therefrom.

RIGHTS AND OBLIGATIONS OF THE SELLER. 15.1 The Seller is entitled to utilise any one or more of its unsold houses/ buildings on the Development until all the xxxxx in the Development have been sold as a sales office and/or a show house and/or temporary functional clubhouse. 15.2 The Seller shall develop and market the Development in phases (as the Seller deems fit) and, for as long as the Seller is a member of the HOA, the Seller shall enjoy unrestricted rights with regard to the marketing of the Development and, in particular, the right to erect signage within and outside of the Development. 15.3 The Seller has reserved the right and is entitled to build and establish on the Development other amenities and facilities as it in its sole discretion deems fit. The Seller shall in its sole discretion, be entitled to establish such aforementioned amenities and facilities on any portion of the Development with the approval of the local or relevant authority and operate same for its own benefit, separate and independent from the remainder of the Development. 15.4 With regards to facilities situated on the so-called Greater Val de Vie Estate (i.e. the areas falling under the jurisdiction of the Val de Vie Winelands Lifestyle Estate Homeowners’ Association and the Val de Vie II Homeowners’ Association (“the VDV HOAs”Association) adjacent to the Pearl Valley EstateDevelopment, the Purchaser shall, as a member of the HOA, shall be entitled to access to the facilities and land forming part of the Greater Val de Vie Estate – 15.4.1 on the basis that such access is not indefinite and can be revoked by the VDV HOAs on short notice to the HOA; and 15.4.2 subject to conditions of membership or other rules laid down by the owners of such facilities and/or land or the VDV HOAsrelevant homeowners’ associations having jurisdiction over the land forming part of the Greater Val de Vie Estate or any other relevant homeowners association. 15.5 The Seller, or its successors-in-title shall, be entitled to apply for, and subject to the necessary approval being granted by the local authority, vary the layout and/or zoning and/or size and/or boundaries of xxxxx and/or the extent and position of streets comprising the Development, provided that the Seller shall do so in consultation with the Purchaser if any such variation shall materially adversely affect the rights of the Purchaser and shall be bound thereby and shall have no claim of whatsoever nature against the Seller or its successors-in-title arising therefrom.. INITIAL _