Common use of THE WORKS Clause in Contracts

THE WORKS. 27.1 The Seller undertakes to execute the Works which will on finalization constitute the Dwelling in a proper and workmanlike manner against payment or guarantee of the Purchase Price as defined and referred to in Clause 1.5 of this Agreement of sale. The Seller shall employ a qualified and reputable builder who is a registered home builder with the NHBRC and shall conclude with such builder a standard JBCC contract or similar contract. 27.2 The Works shall be substantially in accordance with the Plan of the Dwelling, the Specifications of the Dwelling and the Extras to be added attached hereto. 27.3 If for whatever reason, approval of the building plans and specifications cannot be obtained and/or any materials cannot be supplied to the Seller, the Seller shall be entitled in its discretion to deviate from the Plan of the Dwelling, the Specifications of the Dwelling and Extras (which may for example cause variances in both the paint or tiles or other furnishes) if, during the planning, building and construction of the Works it appears that such deviation will result in the most practical and economical completion of the Works without essentially deviating from the Plan of the Dwelling or the Specifications of the Dwelling or having a negative effect on the quality and finishing of the Works. The Seller may do so without the consent of the Purchaser. 27.4 Should any discrepancy arise from the Plan of the Dwelling and the Specifications of the Dwelling, the provisions of the Plan of Dwelling shall prevail. 27.5 The Purchaser irrevocably grants a power of attorney to the Seller to sign and submit the necessary plans and specifications to the local authority for its approval. 27.6 The placement of the Dwelling on the Erf shall be as per the recommendation of the Architect, whose decision will be final and binding on all Parties. 27.7 Any request for alterations and/or additions to the Plan of the Dwelling or the Specifications of the Dwelling by the Purchaser will be at the discretion of the Seller. Any amendments or alterations which are accepted by the Seller will be for the account of the Purchaser and the Purchaser shall pay therefore before the construction of alterations shall be commenced with. 27.8 Any alterations and/or variations required by the Purchaser shall at all times be subject to Local Authority approval and/or availability of material and should the Local Authority not approve thereof and or the material not be available, then the Purchaser shall not be entitled to cancel the Agreement, but the Seller shall then proceed to construct the Dwelling in its standard form as per standard plan and specifications and the Purchaser shall accept the same as such. 27.9 Final plan: 27.9.1 Prior to submission of the construction drawings for municipal approval, the Developer will arrange a meeting with the Purchaser so that the Purchaser may sign-off the construction drawings as being accurate reflections of the works. Upon signature of the construction drawings by the Purchaser, such drawings will constitute the plan for the purposes of this Agreement in substitution for the drawings contained in the annexures, and the substituted plan will prevail. 27.9.2 The Purchaser acknowledges that no further amendments or changes will be allowed after the construction drawings have been signed-off by the Purchaser. However, the Purchaser may select his choice of finishes where the finishing schedule provides for choices, provided that such items will be supplied by the Developer's preferred supplier. 27.9.3 Where choices are allowed in terms of the finishing schedule, the Developer may in its discretion refuse any request to choose finishes to a value greater than those values allowed for in the finishing schedule. 27.10 Structure and design elements: The Works will in all aspects be carried out in accordance with the building regulations and standards applicable from time to time, and in accordance with any other law or enactment that may apply, or any permitted deviation from these regulations and standards. In the unlikely event of these legal provisions conflicting with the plan or the finishing schedule, then the legality binding norms and standards will prevail. The plan and the finishing schedule are also subject to changes for compliance with the approved site development plan and architectural guidelines of the township development of which the site forms part. The foundations and structure of the Works, which includes the roof will be designed and overseen by a competent person, usually a structural or civil engineer or engineers, as required by and in accordance with the building regulations and standards. The construction of these elements of the Works will be executed in accordance with such designs, and may as far as those details are concerned differ from the plan and the finishing schedule. 27.11 Appointment/cession: The Developer reserves the right to cede and assign any of his rights under this Agreement to any registered contractor. This includes the right to appoint sub- contractors at his free will. 27.12 The Seller reserves the right to commence with building works in phases.

THE WORKS. 27.1 The Seller undertakes to execute the Works which will on finalization constitute the Dwelling in a proper and workmanlike manner against payment or guarantee of the Purchase Price as defined and referred to in Clause 1.5 of this Agreement of sale. The Seller shall employ a qualified and reputable builder who is a registered home builder with the NHBRC and shall conclude with such builder a standard JBCC contract or similar contract. 27.2 The Works shall be substantially in accordance with the Plan of the Dwelling, the Specifications of the Dwelling and the Extras to be added attached hereto. 27.3 If for whatever reason, approval of the building plans and specifications cannot be obtained and/or any materials cannot be supplied to the Seller, the Seller shall be entitled in its discretion to deviate from the Plan of the Dwelling, the Specifications of the Dwelling and Extras (which may for example cause variances in both the paint or tiles or other furnishes) if, during the planning, building and construction of the Works it appears that such deviation will result in the most practical and economical completion of the Works without essentially deviating from the Plan of the Dwelling or the Specifications of the Dwelling or having a negative effect on the quality and finishing of the Works. The Seller may do so without the consent of the Purchaser. 27.4 Should any discrepancy arise from the Plan of the Dwelling and the Specifications of the Dwelling, the provisions of the Plan of Dwelling shall prevail. 27.5 The Purchaser irrevocably grants a power of attorney to the Seller to sign and submit the necessary plans and specifications to the local authority for its approval. 27.6 The placement of the Dwelling on the Erf shall be as per the recommendation of the Architect, whose decision will be final and binding on all Parties. 27.7 Any request for alterations and/or additions to the Plan of the Dwelling or the Specifications of the Dwelling by the Purchaser will be at the discretion of the Seller. Any amendments or alterations which are accepted by the Seller will be for the account of the Purchaser and the Purchaser shall pay therefore before the construction of alterations shall be commenced with. 27.8 Any alterations and/or variations required by the Purchaser shall at all times be subject to Local Authority approval and/or availability of material and should the Local Authority not approve thereof and or the material not be available, then the Purchaser shall not be entitled to cancel the Agreement, but the Seller shall then proceed to construct the Dwelling in its standard form as per standard plan and specifications and the Purchaser shall accept the same as such. 27.9 Final plan: 27.9.1 Prior to submission of the construction drawings for municipal approval, the Developer will arrange a meeting with the Purchaser so that the Purchaser may sign-off the construction drawings as being accurate reflections of the works. Upon signature of the construction drawings by the Purchaser, such drawings will constitute the plan for the purposes of this Agreement in substitution for the drawings contained in the annexures, and the substituted plan will prevail. 27.9.2 The Purchaser acknowledges that no further amendments or changes will be allowed after the construction drawings have been signed-off by the Purchaser. However, the Purchaser may select his choice of finishes where the finishing schedule provides for choices, provided that such items will be supplied by the Developer's preferred supplier. 27.9.3 Where choices are allowed in terms of the finishing schedule, the Developer may in its discretion refuse any request to choose finishes to a value greater than those values allowed for in the finishing schedule. 27.10 Structure and design elements: The Works will in all aspects be carried out in accordance with the building regulations and standards applicable from time to time, and in accordance with any other law or enactment that may apply, or any permitted deviation from these regulations and standards. In the unlikely event of these legal provisions conflicting with the plan or the finishing schedule, then the legality binding norms and standards will prevail. The plan and the finishing schedule are also subject to changes for compliance with the approved site development plan and architectural guidelines of the township development of which the site forms part. The foundations and structure of the Works, which includes the roof will be designed and overseen by a competent person, usually a structural or civil engineer or engineers, as required by and in accordance with the building regulations and standards. The construction of these elements of the Works will be executed in accordance with such designs, and may as far as those details are concerned differ from the plan and the finishing schedule. 27.11 Appointment/cession: The Developer reserves the right to cede and assign any of his rights under this Agreement to any registered contractor. This includes the right to appoint sub- contractors at his free will. 27.12 The Seller reserves the right to commence with building works in phases.

THE WORKS. 27.1 The Seller undertakes to execute the Works which will on finalization constitute the Dwelling in a proper and workmanlike manner against payment or guarantee of the Purchase Price as defined and referred to in Clause 1.5 of this Agreement of sale. The Seller shall employ a qualified and reputable builder who is a registered home builder with the NHBRC and shall conclude with such builder a standard JBCC contract or similar contract. 27.2 The Works shall be substantially in accordance with the Plan of the Dwelling, the Specifications of the Dwelling and the Extras to be added attached hereto. 27.3 If for whatever reason, approval of the building plans and specifications cannot be obtained and/or any materials cannot be supplied to the Seller, the Seller shall be entitled in its discretion to deviate from the Plan of the Dwelling, the Specifications of the Dwelling and Extras (which may for example cause variances in both the paint or tiles or other furnishes) if, during the planning, building and construction of the Works it appears that such deviation will result in the most practical and economical completion of the Works without essentially deviating from the Plan of the Dwelling or the Specifications of the Dwelling or having a negative effect on the quality and finishing of the Works. The Seller may do so without the consent of the Purchaser. 27.4 Should any discrepancy arise from the Plan of the Dwelling and the Specifications of the Dwelling, the provisions of the Plan of Dwelling shall prevail. 27.5 The Purchaser irrevocably grants a power of attorney to the Seller to sign and submit the necessary plans and specifications to the local authority for its approval. 27.6 The placement of the Dwelling on the Erf shall be as per the recommendation of the Architect, whose decision will be final and binding on all Parties. 27.7 Any request for alterations and/or additions to the Plan of the Dwelling or the Specifications of the Dwelling by the Purchaser will be at the discretion of the Seller. Any amendments or alterations which are accepted by the Seller will be for the account of the Purchaser and the Purchaser shall pay therefore before the construction of alterations shall be commenced with. 27.8 Any alterations and/or variations required by the Purchaser shall at all times be subject to Local Authority approval and/or availability of material and should the Local Authority not approve thereof and or the material not be available, then the Purchaser shall not be entitled to cancel the Agreement, but the Seller shall then proceed to construct the Dwelling in its standard form as per standard plan and specifications and the Purchaser shall accept the same as such. 27.9 Final plan: 27.9.1 Prior to submission of the construction drawings for municipal approval, the Developer will arrange a meeting with the Purchaser so that the Purchaser may sign-off the construction drawings as being accurate reflections of the works. Upon signature of the construction drawings by the Purchaser, such drawings will constitute the plan for the purposes of this Agreement in substitution for the drawings contained in the annexures, and the substituted plan will prevail. 27.9.2 The Purchaser acknowledges that no further amendments or changes will be allowed after the construction drawings have been signed-off by the Purchaser. However, the Purchaser may select his choice of finishes where the finishing schedule provides for choices, provided that such items will be supplied by the Developer's preferred supplier. 27.9.3 Where choices are allowed in terms of the finishing schedule, the Developer may in its discretion refuse any request to choose finishes to a value greater than those values allowed for in the finishing schedule. 27.10 Structure and design elements: The Works will in all aspects be carried out in accordance with the building regulations and standards applicable from time to time, and in accordance with any other law or enactment that may apply, or any permitted deviation from these regulations and standards. In the unlikely event of these legal provisions conflicting with the plan or the finishing schedule, then the legality binding norms and standards will prevail. The plan and the finishing schedule are also subject to changes for compliance with the approved site development plan and architectural guidelines of the township development of which the site forms part. The foundations and structure of the Works, which includes the roof will be designed and overseen by a competent person, usually a structural or civil engineer or engineers, as required by and in accordance with the building regulations and standards. The construction of these elements of the Works will be executed in accordance with such designs, and may as far as those details are concerned differ from the plan and the finishing schedule. 27.11 Appointment/cession: The Developer reserves the right to cede and assign any of his rights under this Agreement to any registered contractor. This includes the right to appoint sub- contractors at his free will. 27.12 The Seller reserves the right to commence with building works in phases.

THE WORKS. 27.1 The Seller undertakes 5.1 Subject to execute proper payment of its costs and other expenses pursuant to clause 13.1 hereof the Landlord will use its reasonable endeavours to obtain any necessary Planning Permission and practically complete the Works which within the Construction Period. 5.2 The Landlord and the Tenant will on finalization constitute as soon as possible after the Dwelling in a proper and workmanlike manner against payment or guarantee date hereof meet to discuss the detail of the Purchase Price as defined Works and referred to in Clause 1.5 of this Agreement of sale. The Seller shall employ a qualified and reputable builder who is a registered home builder with the NHBRC and shall conclude with such builder a standard JBCC contract or similar contractan associated project plan. 27.2 The Works shall be substantially in accordance 5.3 Following such meeting the Landlord will as soon as reasonably possible produce to the Tenant for approval a project plan together with the Plan of the Dwelling, the Specifications of the Dwelling and the Extras to be added attached hereto. 27.3 If for whatever reason, approval of the building plans and specifications cannot be obtained and/or any materials cannot be supplied to showing the Seller, the Seller shall be entitled in its discretion to deviate from the Plan of the Dwelling, the Specifications of the Dwelling and Extras (which may for example cause variances in both the paint or tiles or other furnishes) if, during the planning, building and construction detail of the Works (such approval not to be unreasonably withheld or delayed). 5.4 If requested to do so by the Tenant the Landlord will procure that the Tenant is provided with copies of all Applications including all accompanying drawings. 5.5 The Landlord may not make any material variation to the Works without the Tenant's prior written consent (such consent not to be unreasonably withheld or delayed) but otherwise may make such modifications as it appears that such deviation will result in may reasonably require. 5.6 The Landlord shall permit the most practical and economical completion Tenant at all reasonable times to inspect the progress of the Works without essentially deviating from the Plan and shall take proper account of reasonable representations made by or on behalf of the Dwelling or Tenant in relation to the Specifications Works. 5.7 The Landlord shall procure that the Tenant is given not less than 10 days notice of the Dwelling or having intention of the Consultant to inspect the Works with a negative effect view to the issue of a certificate that the Works are practically completed. 5.8 The notice shall state the date and time of such inspection. 5.9 The Tenant's representative shall be permitted to accompany the Consultant on the quality inspection if he attends at such date and finishing time but not otherwise. 5.10 The Consultant shall take proper account of any representations made by the Tenant's representative during such inspection. 5.11 The Landlord will procure that a copy of the Works. The Seller may do so without Consultant's certificate that the consent Works are practically completed (together with any schedule listing any defects) is given to the Tenant of the PurchaserTenant's solicitors as soon as is reasonably practicable following its issue. [***] - CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY [***] HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24B-2 OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED. 27.4 Should any discrepancy arise from the Plan of the Dwelling and the Specifications of the Dwelling, the provisions of the Plan of Dwelling shall prevail. 27.5 The Purchaser irrevocably grants a power of attorney to the Seller to sign and submit the necessary plans and specifications to the local authority for its approval. 27.6 The placement of the Dwelling on the Erf shall be as per the recommendation of the Architect, whose decision will be final and binding on all Parties. 27.7 Any request for alterations and/or additions to the Plan of the Dwelling or the Specifications of the Dwelling by the Purchaser will be at the discretion of the Seller. Any amendments or alterations which are accepted by the Seller will be for the account of the Purchaser and the Purchaser shall pay therefore before the construction of alterations shall be commenced with. 27.8 Any alterations and/or variations required by the Purchaser shall at all times be subject to Local Authority approval and/or availability of material and should the Local Authority not approve thereof and or the material not be available, then the Purchaser shall not be entitled to cancel the Agreement, but the Seller shall then proceed to construct the Dwelling in its standard form as per standard plan and specifications and the Purchaser shall accept the same as such. 27.9 Final plan: 27.9.1 Prior to submission of the construction drawings for municipal approval, the Developer will arrange a meeting with the Purchaser so that the Purchaser may sign-off the construction drawings as being accurate reflections of the works. Upon signature of the construction drawings by the Purchaser, such drawings will constitute the plan for the purposes of this Agreement in substitution for the drawings contained in the annexures, and the substituted plan will prevail. 27.9.2 The Purchaser acknowledges that no further amendments or changes will be allowed after the construction drawings have been signed-off by the Purchaser. However, the Purchaser may select his choice of finishes where the finishing schedule provides for choices, provided that such items will be supplied by the Developer's preferred supplier. 27.9.3 Where choices are allowed in terms of the finishing schedule, the Developer may in its discretion refuse any request to choose finishes to a value greater than those values allowed for in the finishing schedule. 27.10 Structure and design elements: The Works will in all aspects be carried out in accordance with the building regulations and standards applicable from time to time, and in accordance with any other law or enactment that may apply, or any permitted deviation from these regulations and standards. In the unlikely event of these legal provisions conflicting with the plan or the finishing schedule, then the legality binding norms and standards will prevail. The plan and the finishing schedule are also subject to changes for compliance with the approved site development plan and architectural guidelines of the township development of which the site forms part. The foundations and structure of the Works, which includes the roof will be designed and overseen by a competent person, usually a structural or civil engineer or engineers, as required by and in accordance with the building regulations and standards. The construction of these elements of the Works will be executed in accordance with such designs, and may as far as those details are concerned differ from the plan and the finishing schedule. 27.11 Appointment/cession: The Developer reserves the right to cede and assign any of his rights under this Agreement to any registered contractor. This includes the right to appoint sub- contractors at his free will. 27.12 The Seller reserves the right to commence with building works in phases.