LEASE AGREEMENT (Midrand) between BLACK INDUSTRIALISTS GROUP PROPERTY MANAGEMENT COMPANY PROPRIETARY LIMITED and MiX TELEMATICS ENTERPRISE SA PROPRIETARY LIMITED
LEASE AGREEMENT (Midrand) between BLACK INDUSTRIALISTS GROUP PROPERTY MANAGEMENT COMPANY PROPRIETARY LIMITED and MiX TELEMATICS ENTERPRISE SA PROPRIETARY LIMITED
TABLE OF CONTENTS 1 PARTIES ..................................................................................................................................... 1 2 INTERPRETATION ..................................................................................................................... 1 3 INTRODUCTION ......................................................................................................................... 8 4 CONDITIONS PRECEDENT ....................................................................................................... 9 5 LEASE ....................................................................................................................................... 10 6 RENTAL .................................................................................................................................... 10 7 RECOUPMENT ON IMPROVEMENTS ..................................................................................... 10 8 FAIR MARKET VALUE ............................................................................................................. 10 9 OPTION TO RENEW ................................................................................................................. 11 10 GENERAL PRINCIPLES ........................................................................................................... 13 11 ADDITIONAL CHARGES .......................................................................................................... 13 12 LICENCES AND PERMITS ....................................................................................................... 14 13 MAINTENANCE ........................................................................................................................ 15 14 INSURANCE ............................................................................................................................. 17 15 INDEMNITY ............................................................................................................................... 18 16 LESSEE'S GENERAL OBLIGATIONS ..................................................................................... 18 17 ACCESS TO PREMISES AND MANAGEMENT ....................................................................... 20 18 NON-LIABILITY OF LESSOR ................................................................................................... 22 19 BREACH OF LEASE ................................................................................................................ 22 20 DAMAGE OR DESTRUCTION .................................................................................................. 24 21 ALTERATIONS AND ADDITIONS ............................................................................................ 25 22 FIXTURES, FITTINGS AND EQUIPMENT ................................................................................ 26 23 RESPONSIBILITY FOR ELECTRICAL INSTALLATIONS ....................................................... 27 24 GAS INSTALLATION CONFORMITY CERTIFICATE (IF APPLICABLE) ................................ 28 25 EXCLUSION OF WARRANTIES ............................................................................................... 28 26 VALUE ADDED TAX ................................................................................................................. 28 27 ASSIGNMENT OR SUB-LETTING ........................................................................................... 28 28 ANTI BRIBERY ......................................................................................................................... 29 29 GENERAL WARRANTIES ........................................................................................................ 29 30 SUPPORT ................................................................................................................................. 30 31 DISPUTE RESOLUTION ........................................................................................................... 30 32 NOTICES AND DOMICILIA ...................................................................................................... 32 33 BENEFIT OF THE AGREEMENT ............................................................................................. 33 34 APPLICABLE LAW AND JURISDICTION ................................................................................ 33 35 GENERAL ................................................................................................................................. 33 36 COSTS ...................................................................................................................................... 35 37 SIGNATURE.............................................................................................................................. 35 ANNEXURES Annexure A List of Fixtures and Fittings
1 1 PARTIES 1.1 The Parties to this Agreement are — 1.1.1 Black Industrialists Group Property Management Company Proprietary Limited; and 1.1.2 MiX Telematics Enterprise SA Proprietary Limited. 1.2 The Parties agree as set out below. 2 INTERPRETATION 2.1 In this Agreement, unless the context indicates a contrary intention, the following words and expressions bear the meanings assigned to them and cognate expressions bear corresponding meanings — 2.1.1 "AFSA" means the Arbitration Foundation of Southern Africa; 2.1.2 "Agreement" or "Lease" means the lease agreement contained in this document, including all annexures hereto; 2.1.3 "Alterations" means any structural alterations, additions or renovations to the Property and/or Premises which are of a permanent nature; 2.1.4 "B-BBEE" means broad-based black economic empowerment; 2.1.5 "B-BBEE Act" means Broad-Based Black Economic Empowerment Act 53 of 2003, as amended; 2.1.6 "Black" means South African Africans, Coloureds and Indians, as defined in the Codes; 2.1.7 "Codes" means the Broad-based Black Economic Empowerment Codes of Good Practice as issued by the Minister of Trade and Industry under Section 9(1) of the Black Economic Empowerment Act 53 of 2003 and revisions to the Codes, as amended from time to time; 2.1.8 "Commencement Date" means the Transfer Date; 2.1.9 "Conditions Precedent" means the conditions precedent set out in clause 4; 2.1.10 "Equity Instrument" means an equity instrument as contemplated in the Codes; 2.1.11 "Escalation Rate" means 6% (six percent) per annum; 2.1.12 "Fixtures and Fittings" means all fixtures and fittings of a permanent nature; 2.1.13 "Independent Valuer" means a recognised independent property valuer registered in accordance with the Property Valuers Profession Act 47 of 2000;
2 2.1.14 "Initial Period" means the period of 5 (five) years commencing on the Commencement Date; 2.1.15 "Lessee" means MiX Telematics Enterprise SA Proprietary Limited, registration number 2008/008530/07, a limited liability private company duly incorporated in the Republic of South Africa; 2.1.16 "Lessor" means Black Industrialists Group Property Management Company Proprietary Limited, registration number 2016/290277/07, a limited liability private company duly incorporated in the Republic of South Africa; 2.1.17 "Lessor's Personnel" means any and all persons and/or entities that perform any of the Lessor's obligations under this Agreement; 2.1.18 "Long Term Maintenance" means major repairs and repair where an item is beyond its useful life (i.e. if such item is no longer capable of being effective for its intended purposes) and can no longer be repaired but needs to be replaced; 2.1.19 "MiX Telematics International" means MiX Telematics International Proprietary Limited, registration number 1963/006970/07, a limited liability private company duly incorporated in the Republic of South Africa; 2.1.20 "Parties" means the parties to this Agreement; 2.1.21 "Premises" means the buildings and improvements on the Property let to the Lessee in terms hereof and, where the context requires, includes the Property; 2.1.22 "Prime Rate" means the publicly quoted basic rate of interest, compounded monthly in arrears and calculated on a 365 (three hundred and sixty five) day year irrespective of whether or not the year is a leap year, from time to time published by First National Bank as being its prime overdraft rate, as certified by any representative of that bank whose appointment and designation it will not be necessary to prove; 2.1.23 "Property" means Erf 1335 Vorna Valley Extension 21 Township, Registration Division IR, Province of Gauteng, measuring 1 hectare together with all improvements thereon and includes the Fixtures and Fittings, and, where the context requires, includes the Premises; 2.1.24 "Rental" means the rental payable in terms of clause 6; 2.1.25 "Renewal Option" means the Lessee's option to extend the Initial Period for the Renewal Period in accordance with clause 9; 2.1.26 "Renewal Period" means a period of 5 (five) consecutive years commencing on the first day after the expiry of the Initial Period;
3 2.1.27 "Sale Agreement" means the sale agreement to be concluded between the Lessor and the Lessee in respect of the Property; 2.1.28 "Short Term Maintenance" means the day-to-day upkeep and preventative maintenance (including inspection) and repair consisting of yearly services which will benefit the Lessee; 2.1.29 "Signature Date" means the date of signature of this Agreement by the party last signing; 2.1.30 "Stellenbosch Property" means collectively — 2.1.30.1 a Unit consisting of — 2.1.30.1.1 Section No 11 as shown and more fully described on Sectional Plan No SS 460/2005 in the scheme known as Blaauw Klip Office Development in respect of the land and building or buildings situate at Stellenbosch, in the Stellenbosch Municipality and Division, Western Cape Province, of which section the floor area, according to the sectional plan is 542 (five hundred and forty two) square metres in extent; and 2.1.30.1.2 an undivided share in the common property in the scheme apportioned to the said section in accordance with the Participation Quota as endorsed on the said sectional plan; 2.1.30.2 a Unit consisting of — 2.1.30.2.1 Section No 12 as shown and more fully described on Sectional Plan No SS 460/2005 in the scheme known as Blaauw Klip Office Development in respect of the land and building or buildings situate at Stellenbosch, in the Stellenbosch Municipality and Division, Western Cape Province, of which section the floor area, according to the sectional plan is 598 (five hundred and ninety eight) square metres in extent; and 2.1.30.2.2 an undivided share in the common property in the scheme apportioned to the said section in accordance with the Participation Quota as endorsed on the said sectional plan; 2.1.30.3 a Unit consisting of — 2.1.30.3.1 Section No 13 as shown and more fully described on Sectional Plan No SS 460/2005 in the scheme known as Blaauw Klip Office Development in respect of the land and building or buildings situate at Stellenbosch, in the Stellenbosch Municipality and Division, Western Cape Province, of which section the floor area,
4 according to the sectional plan is 333 (three hundred and thirty three) square metres in extent; and 2.1.30.3.2 an undivided share in the common property in the scheme apportioned to the said section in accordance with the Participation Quota as endorsed on the said sectional plan; 2.1.30.4 an undivided 0.58 share in and to a Unit consisting of — 2.1.30.4.1 Section No 18 as shown and more fully described on Sectional Plan No SS 460/2005 in the scheme known as Blaauw Klip Office Development in respect of the land and building or buildings situate at Stellenbosch, in the Stellenbosch Municipality and Division, Western Cape Province, of which section the floor area, according to the sectional plan is 58 (fifty eight) square metres in extent; and 2.1.30.4.2 an undivided share in the common property in the scheme apportioned to the said section in accordance with the Participation Quota as endorsed on the said sectional plan; 2.1.30.5 a Unit consisting of — 2.1.30.5.1 Section No 19 as shown and more fully described on Sectional Plan No SS 460/2005 in the scheme known as Blaauw Klip Office Development in respect of the land and building or buildings situate at Stellenbosch, in the Stellenbosch Municipality and Division, Western Cape Province, of which section the floor area, according to the sectional plan is 44 (forty four) square metres in extent; and 2.1.30.5.2 an undivided share in the common property in the scheme apportioned to the said section in accordance with the Participation Quota as endorsed on the said sectional plan; 2.1.30.6 a Unit consisting of — 2.1.30.6.1 Section No 26 as shown and more fully described on Sectional Plan No SS 460/2005 in the scheme known as Blaauw Klip Office Development in respect of the land and building or buildings situate at Stellenbosch, in the Stellenbosch Municipality and Division, Western Cape Province, of which section the floor area, according to the sectional plan is 19 (nineteen) square metres in extent; and 2.1.30.6.2 an undivided share in the common property in the scheme apportioned to the said section in accordance with the Participation Quota as endorsed on the said sectional plan;
5 together with all improvements thereon and includes the Fixtures and Fittings, all held by Deed of Transfer Number ST 33028/2006, and currently registered in the name of MiX Telematics International, and, 2.1.30.7 a Unit consisting of — 2.1.30.7.1 Section No 23 as shown and more fully described on Sectional Plan No SS 460/2005 in the scheme known as Blaauw Klip Office Development in respect of the land and building or buildings situate at Stellenbosch, in the Stellenbosch Municipality and Division, Western Cape Province, of which section the floor area, according to the sectional plan is 19 (nineteen) square metres in extent; and 2.1.30.7.2 an undivided share in the common property in the scheme apportioned to the said section in accordance with the Participation Quota as endorsed on the said sectional plan; together with all improvements thereon and includes the Fixtures and Fittings, held by Deed of Transfer Number ST 4762/2008, and currently registered in the name of MiX Telematics International, including the right to the exclusive use of — 2.1.30.8 an exclusive use area described as Balcony B14 measuring 48 (forty eight) square metres, being as such part of the common property, comprising the land and the scheme known as Blaauw Klip Office Development in respect of the land and building or buildings situate at Stellenbosch, in the Stellenbosch Municipality and Division, Western Cape Province, as shown and more fully described on Sectional Plan No SS 460/2005; 2.1.30.9 an exclusive use area described as Balcony B15 measuring 31 (thirty one) square metres, being as such part of the common property, comprising the land and the scheme known as Blaauw Klip Office Development in respect of the land and building or buildings situate at Stellenbosch, in the Stellenbosch Municipality and Division, Western Cape Province, as shown and more fully described on Sectional Plan No SS 460/2005; 2.1.30.10 an exclusive use area described as Balcony B16 measuring 51 (fifty one) square metres, being as such part of the common property, comprising the land and the scheme known as Blaauw Klip Office Development in respect of the land and building or buildings situate at Stellenbosch, in the Stellenbosch Municipality and Division, Western Cape Province, as shown and more fully described on Sectional Plan No SS 460/2005;
6 2.1.30.11 an exclusive use area described as Balcony B17 measuring 97 (ninety seven) square metres, being as such part of the common property, comprising the land and the scheme known as Blaauw Klip Office Development in respect of the land and building or buildings situate at Stellenbosch, in the Stellenbosch Municipality and Division, Western Cape Province, as shown and more fully described on Sectional Plan No SS 460/2005; 2.1.30.12 an exclusive use area described as Balcony B18 measuring 43 (forty three) square metres, being as such part of the common property, comprising the land and the scheme known as Blaauw Klip Office Development in respect of the land and building or buildings situate at Stellenbosch, in the Stellenbosch Municipality and Division, Western Cape Province, as shown and more fully described on Sectional Plan No SS 460/2005; held by Notarial Cession of Exclusive Use Areas Number SK 8306/2006; 2.1.31 "Sole Permitted Use" means the use of the Premises for the purpose of the conduct of the Lessee's business of the provision of designers, engineers, manufacturers, installers and distributors of electronic hardware/software products for the automotive iIndustry (products and services comprise principally of, but not restricted to, vehicle electronics, vehicle and fleet management/telematics systems, matrix tracking systems), importers, exporters, property owners and all related activities; 2.1.32 "Statement 102" means Statement 102: Recognition of Sale of Assets, Equity Instruments and Business, as contemplated in the Codes; 2.1.33 "TPF Investments" means TPF Investments Proprietary Limited (previously known as Thynx Industrial One Proprietary Limited), registration number 2005/029033/07, a limited liability private company duly incorporated in the Republic of South Africa; 2.1.34 "Transfer Date" means the date of registration of transfer of the Property into the name of the Lessor; 2.1.35 "VAT" means Value-Added Tax charged in terms of the provisions of the VAT Act; and 2.1.36 "VAT Act" means the Value Added Tax Act 89 of 1991. 2.2 In this Agreement — 2.2.1 clause headings and the heading of the Agreement are for convenience only and are not to be used in its interpretation; 2.2.2 an expression which denotes — 2.2.2.1 any gender includes the other genders;
7 2.2.2.2 a natural person includes a juristic person and vice versa; 2.2.2.3 the singular includes the plural and vice versa; 2.2.2.4 a Party includes a reference to that Party's successors in title and assigns allowed at law; and 2.2.2.5 a reference to a consecutive series of two or more clauses is deemed to be inclusive of both the first and last mentioned clauses. 2.3 Any reference in this Agreement to — 2.3.1 "business hours" shall be construed as being the hours between 08h30 and 17h00 on any business day. Any reference to time shall be based upon South African Standard Time; 2.3.2 "days" shall be construed as calendar days unless qualified by the word "business", in which instance a "business day" will be any day other than a Saturday, Sunday or public holiday as gazetted by the government of the Republic of South Africa from time to time; 2.3.3 "laws" means all constitutions; statutes; regulations; by-laws; codes; ordinances; decrees; rules; judicial, arbitral, administrative, ministerial, departmental or regulatory judgements, orders, decisions, rulings, or awards; policies; voluntary restraints; guidelines; directives; compliance notices; abatement notices; agreements with, requirements of, or instructions by any Governmental Body; and the common law, and "law" shall have a similar meaning; and 2.3.4 "person" means any person, company, close corporation, trust, partnership or other entity whether or not having separate legal personality. 2.4 The words "include" and "including" mean "include without limitation" and "including without limitation". The use of the words "include" and "including" followed by a specific example or examples shall not be construed as limiting the meaning of the general wording preceding it. 2.5 Any substantive provision, conferring rights or imposing obligations on a Party and appearing in any of the definitions in this clause 2 or elsewhere in this Agreement, shall be given effect to as if it were a substantive provision in the body of the Agreement. 2.6 Words and expressions defined in any clause shall, unless the application of any such word or expression is specifically limited to that clause, bear the meaning assigned to such word or expression throughout this Agreement.
8 2.7 Unless otherwise provided, defined terms appearing in this Agreement in title case shall be given their meaning as defined, while the same terms appearing in lower case shall be interpreted in accordance with their plain English meaning. 2.8 A reference to any statutory enactment shall be construed as a reference to that enactment as at the Signature Date and as amended or substituted from time to time. 2.9 Unless specifically otherwise provided, any number of days prescribed shall be determined by excluding the first and including the last day or, where the last day falls on a day that is not a business day, the next succeeding business day. 2.10 If the due date for performance of any obligation in terms of this Agreement is a day which is not a business day then (unless otherwise stipulated) the due date for performance of the relevant obligation shall be the immediately preceding business day. 2.11 Where figures are referred to in numerals and in words, and there is any conflict between the two, the words shall prevail, unless the context indicates a contrary intention. 2.12 The rule of construction that this Agreement shall be interpreted against the Party responsible for the drafting of this Agreement, shall not apply. 2.13 No provision of this Agreement shall (unless otherwise stipulated) constitute a stipulation for the benefit of any person (stipulatio xxxxxx) who is not a Party to this Agreement. 2.14 The use of any expression in this Agreement covering a process available under South African law, such as winding-up, shall, if either of the Parties to this Agreement is subject to the law of any other jurisdiction, be construed as including any equivalent or analogous proceedings under the law of such other jurisdiction. 2.15 Any reference in this Agreement to "this Agreement" or any other agreement or document shall be construed as a reference to this Agreement or, as the case may be, such other agreement or document, as amended, varied, novated or supplemented from time to time. 2.16 In this Agreement the words "clause" or "clauses" and "annexure" or "annexures" refer to clauses of and annexures to this Agreement. 3 INTRODUCTION 3.1 The Lessee has agreed to sell the Property to the Lessor and to contemporaneously with entering into the Sale Agreement enter into this Agreement in terms of which the Lessee will hire the Property from the Lessor. 3.2 The Parties wish to record in writing their agreement in respect of the above and matters ancillary thereto.
9 4 CONDITIONS PRECEDENT 4.1 Save for clauses 1 to 4 and clauses 29 to 37 all of which will become effective immediately, this Agreement is subject to the fulfilment of the Conditions Precedent that — 4.1.1 contemporaneously with the signature of this Agreement, TPF Investments and the Lessee enter into a sale agreement in terms of which the Property is sold to the Lessee and such agreement becomes unconditional in accordance with its terms save for any condition relating to this Agreement; 4.1.2 contemporaneously with the signature of this Agreement, the Parties enter into the Sale Agreement in terms of which the Property is sold to the Lessor and such agreement becomes unconditional in accordance with its terms save for any condition relating to this Agreement; 4.1.3 contemporaneously with the signature of this Agreement, MiX Telematics International and the Lessee enter into a sale agreement in terms of which the Stellenbosch Property is sold to the Lessee and such agreement becomes unconditional in accordance with its terms save for any condition relating to this Agreement; 4.1.4 contemporaneously with the signature of this Agreement, the Parties enter into a sale agreement in terms of which the Stellenbosch Property is sold to the Lessor and such agreement becomes unconditional in accordance with its terms save for any condition relating to this Agreement; and 4.1.5 contemporaneously with the signature of this Agreement, the Parties enter into a lease agreement in terms of which the Stellenbosch Property is let by the Lessor to the Lessee and such agreement becomes unconditional in accordance with its terms save for any condition relating to this Agreement. 4.2 The Lessee shall use reasonable endeavours to procure the fulfilment of the Conditions Precedent contained in clauses 4.1.1 and 4.1.3 as soon as reasonably possible after the Signature Date. 4.3 The Parties shall use reasonable endeavours to procure the fulfilment of the Conditions Precedent contained in clauses 4.1.2, 4.1.4 and 4.1.5 as soon as reasonably possible after the Signature Date. 4.4 The Conditions Precedent are not capable of being waived. 4.5 Unless all the Conditions Precedent have been fulfilled by not later than the relevant dates for fulfilment thereof set out in clause 4.1 (or such later date or dates as may be agreed in writing between the Parties) the provisions of this Agreement, save for clauses 1 to 4 and clauses 29 to 37 which will remain of full force and effect, will never become of any force or effect and the status quo ante will be restored as near as may be and neither of the
10 Parties will have any claim against the other in terms hereof or arising from the failure of the Conditions Precedent. 5 LEASE 5.1 The Lessor hereby lets to the Lessee who hereby hires the Premises for the Initial Period in consideration for the Rental and subject to the further terms and conditions of this Agreement. 5.2 The Lessee agrees to use the Premises only for the Sole Permitted Use or such other use proposed by the Lessee and approved in writing by the Lessor. 6 RENTAL 6.1 The Rental payable by the Lessee in terms of this Lease shall be the sum of R465 112.00 (four hundred and sixty five thousand one hundred and twelve rand) per month (which in total amounts to R5 581 344.00 (five million five hundred and eighty one thousand three hundred and forty four rand) per annum), exclusive of VAT. It is specifically recorded and agreed that the Rental will not escalate during the Initial Period. 6.2 The Rental shall be payable monthly in advance on the first day of each month with effect from the Commencement Date, pro-rata for any portion of the first month, without deduction for any cause whatsoever, free of exchange at such place in the Republic of South Africa as the Lessor may from time to time appoint in writing. 7 RECOUPMENT ON IMPROVEMENTS If at the end of the Initial Period, the Fair Market Value of the Property is more than R51 000 000.00 (fifty one million rand) the Lessor will pay to the Lessee an amount equal to 50% (fifty percent) of the difference between the Fair Market Value and R51 000 00.00 (fifty one million rand), provided that the Lessee has incurred capital expenditure to improve the Property, and limited to an amount of R3 750 000.00 (three million seven hundred and fifty thousand rand). 8 FAIR MARKET VALUE 8.1 The Lessor shall, at its cost, procure that the Property is valued annually for B-BEEE purposes by an Independent Valuer reasonably acceptable to the Lessee. 8.2 Whenever the Fair Market Value of the Property is to be determined at the instance of either Party and for purposes other than the annual B-BEEE Valuation required in terms of clause 8.1 above, the Fair Market Value of the Property shall be determined by an Independent Valuer appointed by the Lessee. The cost of such valuation will (unless the Parties agree otherwise in writing) be borne by the Party requesting the valuation.
11 8.3 Any valuation done in terms of clauses 8.1 and 8.2 will be done in accordance with the following provisions — 8.3.1 the Independent Valuer shall act as an expert and not as an arbitrator in determining the Fair Market Value, and such determination shall be final and binding on the Parties; 8.3.2 the Independent Valuer shall value the Property having regard to the price a willing buyer would pay to a willing seller negotiating at arm's length applying a standard valuation methodology in a consistent manner in accordance with the requirements of Statement 102 of the Codes; 8.3.3 the Independent Valuer shall be required to submit a draft valuation report (in which he sets out his valuation, the facts taken into account in reaching that valuation and the methodology adopted in making that valuation) to the Parties (and the date on which such draft valuation is submitted to the Parties is referred to herein as the "Draft Valuation Date"); 8.3.4 each Party shall be entitled, within 10 (ten) days of the Draft Valuation Date, to object in writing to the draft valuation set out in the draft valuation report on the basis that it contains either factual errors or omissions. Any such objection shall set out such details of that objection as are sufficient to enable the Independent Valuer to deal adequately therewith, and copies thereof shall be delivered to the Independent Valuer and the other Party; 8.3.5 if any Party fails to submit written objections to the draft valuation set out in the draft valuation report to the Independent Valuer within the 10 (ten) day period envisaged in clause 8.3.4 above, the Independent Valuer shall be entitled and obliged to accept that the applicable Party does not wish to make any such objections; and 8.3.6 within 10 (ten) business days of the expiry of the 10 (ten) day period envisaged in clause 8.3.5, the Independent Valuer shall be required to submit a final valuation report to each of the Parties, such report will set out the Independent Valuer's final valuation. 9 OPTION TO RENEW 9.1 The Lessee has the option to extend the Initial Period of this Lease for the Renewal Period, subject to the following — 9.1.1 the Lessor will give written notice to the Lessee at least 9 (nine) months prior to the expiry of the Initial Period or the Renewal Period, as the case may be, advising the Lessee that it has to exercise its Renewal Option within 3 (three) months of receipt of the written notice, should the Lessee wish to extend the Initial Period or the Renewal Period, as the case may be, for the Renewal Period;
12 9.1.2 the Renewal Option will be exercised by written notice to that effect given by the Lessee to the Lessor within 3 (three) months of receipt of the written notice as envisaged in clause 9.1.1 above. If the Lessor fails to give the Lessee written notice as envisaged in clause 9.1.1, the Lessee will be entitled to exercise its Renewal Option at any time prior to the expiry of the Initial Period or the Renewal Period, as the case may be; 9.1.3 the Renewal Option may only be exercised if the Lease is then of force and effect and the Lessee is not in breach of any of the material terms of this Lease; and 9.1.4 if the Renewal Option is exercised, then the terms of the Lease will remain the same save that the Rental payable by the Lessee during the Renewal Period will be agreed upon between the Parties in writing at least 180 (one hundred and eighty) days prior to the commencement of the Renewal Period, failing which the Rental which is payable during the Renewal Period will be the lower of the open market rental ("Open Market Rental") for the Premises or the Rental payable as at the last month of the Initial Period escalated at the Escalation Rate. The Open Market Rental will be determined by an Independent Valuer jointly appointed by agreement between the Parties, or failing such agreement between them, appointed by the Chairman (or his equivalent) of the Institute of Valuers (or any successor body thereto or if there is no successor body thereto, a body performing substantially similar functions to those performed by the aforementioned body) at the request of either Party. 9.1.5 In making the above determination the Independent Valuer will — 9.1.5.1 act as an expert and not as an arbitrator and his determination shall (in the absence of manifest error) be final and binding on the Parties; 9.1.5.2 give both Parties an opportunity to make representations to him before making the determination and such representations must be made within 7 (seven) days of written request by the expert; and 9.1.5.3 determine the Open Market Rental. 9.1.6 The charges of the Independent Valuer shall be borne equally by the Parties. 9.2 There will be no further right to renew or extend the period of this Lease other than as envisaged in this clause 9 or other than as agreed in writing between the Lessor and the Lessee. 9.3 The Rental shall be payable monthly in advance on the first day of each month.
13 10 GENERAL PRINCIPLES 10.1 The Lessor shall not be obliged to pay for any costs relating to the Short Term Maintenance of the Premises and the Lessee shall be obliged to pay all such costs relating to the Premises with effect from the Commencement Date. 10.2 Subject to clause 21.2, the Lessee shall not be obliged to pay for any costs relating to the Long Term Maintenance of the Premises, the rectification of a structural defect or any cost of a proposed improvement which does not benefit the Lessee and the Lessor shall be obliged to pay all such costs relating to the Premises with effect from the Commencement Date. 10.3 The Lessor will be responsible for the insurance premiums payable in respect of the Property and/or the Premises. 11 ADDITIONAL CHARGES 11.1 In addition to the Rental, the Lessee shall be liable for all charges levied against or incurred in respect of the Property and/or the Premises associated with the Lease, by any third party or lawful authority as at or subsequent to the Commencement Date and shall pay such amounts directly to the supplier, or to the Lessor in the event the charges were paid directly by the Lessor to the supplier on the rendering of the relevant invoice/s in respect of the said outgoings by the Lessor, which shall include but not be limited to — 11.1.1 municipal assessment rates and taxes levied in respect of the Property, including any increases therein. In this regard rates and taxes shall include any other form of tax or levy on property or improvements thereto which are not levied at the Commencement Date but which may in future be levied or imposed on land owners or tenants; 11.1.2 subject to clause 10.2, any levy (including any special levy) or other charge raised by any property owner's association, body corporate or similar body in respect of the Premises and/or the Property for any period after the Commencement Date (whether any such levy or other charge is levied or charged at the Commencement Date or is introduced in the future); 11.1.3 any charges or amounts levied by or payable to the local authority or to any other competent authority in respect of drainage purification or treatment or removal of effluent or waste water from the Property and/or the Premises, rubbish removal charges and/or any special refuse removal charges levied by or payable to the local authority or to any other competent authority, firefighting equipment or any other utility, service or encroachment charges which may be levied on the Property and/or the Premises by the local authority or any other competent authority;
14 11.1.4 the cost of maintaining and/or operating the plant, equipment, machinery, electrical and water reticulation, drainage, plumbing and sanitary works and all other fittings and accessories on the Property or in the Premises; 11.1.5 the cost of operating and maintaining the air-conditioning plant or units, sprinkler system and fire hose reels in the Premises; 11.1.6 the cost of water supplied to and consumed on the Property and/or in the Premises; 11.1.7 the cost of electricity and other items supplied and consumed on the Property and/or the Premises, including (but not limited to) floodlighting for security purposes and the replacement of light fittings, globes and fluorescent tubes used on the Property and/or the Premises; 11.1.8 all costs of maintaining the Property and/or the Premises, including any irrigation, landscaping or garden services and keeping those areas in a clean and tidy condition; 11.1.9 all costs of maintaining and managing the installations (if any) for the control of entrance to and egress from the buildings and the Property as well as control of all the parking areas; 11.1.10 the cost of cleaning materials including utilities such as toilet rolls, soaps, hand towels, dispensers and the like; and 11.1.11 the cost of pest control, fire service and meter reading services; and the Lessee shall, where any such payments are made by the Lessee to any person other than the Lessor, furnish the Lessor with proof of such payments forthwith upon demand therefor by the Lessor. 11.2 The Lessor may in its own discretion make all such payments on behalf of the Lessee and recover the relative amounts from the Lessee, on demand. 12 LICENCES AND PERMITS 12.1 The Lessee shall, prior to commencing trading, procure all licenses and permits to conduct business at the Property, including all compliance certificates for all machinery and equipment on the Property or in the Premises, and in conducting such business shall comply with and duly observe all laws or by-laws applicable thereto. 12.2 The Lessee may not — 12.2.1 contravene or permit the contravention of any law, by-law or statutory regulation or the provisions of any license or consent relating to or affecting the Property, the occupation thereof, or the conduct of the Lessee's business therein; or
15 12.2.2 contravene any condition of the title contained in the title deeds of the Property. 12.3 The Lessor does not warrant — 12.3.1 that the Property and/or the Premises are fit for the use to which they will be put by the Lessee; and 12.3.2 that as at the Commencement Date the Property and/or the Premises will comply with all regulations or requirements of any relevant authority uniquely applicable to the business to be carried on by the Lessee from the Property and/or the Premises. 12.4 If at any time after the commencement of this Lease it becomes necessary under any law, by-law or regulations having the force of law to make any Alterations to the Premises to enable the Lessee to use the Property and/or the Premises for its business, or in the event of any authority having jurisdiction over the Property requiring any Alterations thereto for any reason, the Lessee shall effect those Alterations at its cost. 13 MAINTENANCE 13.1 Save as otherwise provided in this Lease, it is recorded that the Parties intend that the Lessor will incur no maintenance expense of any kind in relation to the Property and/or the Premises during the period of this Lease, or any renewal thereof, and that all maintenance expenditure of such nature will be borne by the Lessee. 13.2 The Lessee acknowledges that the Premises are, and will at the Commencement Date be, in good order and in a tenantable condition. 13.3 The Lessee shall accordingly, and from the Commencement Date — 13.3.1 subject to clause 13.4, to the satisfaction of the Lessor and at the Lessee's own cost, maintain, repair, renovate and/or replace the interior and exterior of the Premises including, but not limited to, ceilings, walls, floors, windows, the roof and all air conditioning plant, ducts and associated equipment, all glass and electrical and plumbing installations, gutters and downpipes; 13.3.2 provide the day-to-day cleaning services for the Premises at its own cost; 13.3.3 take all reasonable measures to prevent any blockage of water pipes or drains in or connected to the Property and/or the Premises and shall remove at its own cost any obstruction or blockage in any water pipe or drain serving the Property and/or the Premises and where necessary repair the pipe or drain concerned at its own cost; 13.3.4 repair or, if necessary, replace all broken doors, windows (including plate-glass), locks, keys, window and other fittings, electric light globes, fluorescent tubes, starters and ballasts which have been damaged, lost or which for any reason cease to work;
16 13.3.5 maintain any gardens or landscaped areas on the Property; 13.3.6 protect all foundations from rain and surface water and not permit the foundations to be exposed or undermined in any manner; and 13.3.7 pay any amount which the Lessor may be required to pay in respect of the Property and/or the Premises on the same basis as if the Lessee was the owner of the Property, subject to clause 13.4. 13.4 Should any of the items in clause 13.3 qualify as Long Term Maintenance, then the Lessor will bear the costs thereof. 13.5 Should a dispute arise between the Parties regarding whether any obligation in terms of this Agreement falls within the ambit of Short Term Maintenance or Long Term Maintenance, such dispute shall be resolved by an independent expert in accordance with the provisions of clause 31.1 below. 13.6 Subject to clause 21.2, the replacement of any electrical plant, machinery, geysers, equipment (excluding movable fire equipment, but including base built fire equipment) or appurtenances shall be undertaken by the Lessor and shall be undertaken once it is evident that such replacement is required, and so that such replacement is done (if practically possible) before such useful life expires (and if not before such expiry then as soon as practically possible thereafter). The Lessee will notify the Lessor in writing as soon as it becomes aware that any replacement of items to be done by the Lessor as aforesaid is necessary or is about to become necessary. For purposes of this clause 13.4 the useful life of an item shall be deemed to have expired, if such item is no longer capable of being reasonably operative or effective for its intended purposes. The Lessee will bear no cost relating to any expense incurred in terms of this clause. 13.7 The Lessor will be responsible for the maintenance of the structure and the roof. 13.8 If any defects or sub-standard workmanship arises as a result of the Lessee undertaking any improvements on the Property, the Lessor will bear no liability with regard thereto and shall not be responsible for any cost incurred in remedying such defects. 13.9 Subject to clauses 21 and 22 — 13.9.1 upon expiration or earlier termination of the Lease the Lessee shall deliver the Premises to the Lessor in the same good order and condition they were received so as to comply in all respects with its obligations under this Lease to maintain the Property and the Premises, fair wear and tear excepted; 13.9.2 should the Property and/or the Premises be found upon the expiry or earlier termination of the Lease to require any repair or renovation, fair wear and tear excepted, such repair or renovation shall be undertaken by the Lessor at the cost of the Lessee.
17 13.10 The Lessee may not do or cause or allow to be done any act or thing, other than in the normal course of the Lessee's business, which may cause a nuisance at the Property or which might or could create any danger to any person at the Property and/or on the Premises. 13.11 Any provision of this Lease imposing a restraint, prohibition or restriction on the Lessee shall be so construed that the Lessee is not only bound to comply therewith but is also obliged to procure that the same restraint, prohibition or restriction is observed by everybody occupying or entering the Premises or any other part of the Property through, under, by arrangement with, or at the invitation of, the Lessee, including (without limiting the generality of this provision) its associates and the directors, members, officers, employees, agents, customers and invitees of the Lessee or its associates. 14 INSURANCE 14.1 The Lessor shall take out, and maintain, such insurance in respect of the Property and/or the Premises and liability related thereto, as approved by the Lessee, on similar terms to the insurance in respect of the Property and/or Premises in place at the Signature Date, in such amounts and with such insurance companies as the Lessee may decide, and shall pay all premiums and charges under such policies. The Lessor shall, as soon as reasonably possible following procurement of the necessary insurances, provide the Lessee with written confirmation that the insurance is in place. The terms of the insurance policy must be reasonably acceptable to the Lessor's financier holding a first mortgage bond over the Property. 14.2 In this regard the Lessor shall insure the Property on a re-instatement basis (that is, new for old but not superior to the Property and/or the Premises that existed before the loss or damage, and on such a basis that such insurance will cover any additional cost of the Lessee obtaining temporary premises from which it can continue to carry on business subsequent to the loss or damage, including but not limited to any rental payable for such temporary premises) against — 14.2.1 the risk of loss or damage by fire, flood, explosion, storm, the use by the Lessee and such other risks as are normally insured against by owners of properties such as the Property; 14.2.2 such contingencies as are normally insured against in terms of a SASRIA policy; and 14.2.3 loss of rental by the Lessor for a period of 18 (eighteen) months. 14.3 The Lessee shall not — 14.3.1 do or permit anything to be done which renders void or voidable any insurance policy taken out in terms of this clause;
18 14.3.2 store nor allow to be stored on the Property and/or in the Premises any goods of a potentially hazardous nature, provided that the Parties acknowledge that the Lessee is and shall be entitled to store generator(s), generator fuel and various kinds of commercially available batteries used on the Property and/or the Premises, of which the Lessor acknowledges that it is fully aware. 14.4 The Lessor shall not provide insurance cover for the contents of the Premises and the Lessee should in its own interest arrange for additional insurance to cover its property in or on the Property and/or the Premises as the Lessor shall not be liable for any loss or damage in this respect. 15 INDEMNITY The Lessee hereby indemnifies the Lessor and undertakes to keep the Lessor indemnified against all liability howsoever caused or arising, and all actions, suits, proceedings, claims, demands, costs and expense whatsoever, which may be taken or made against the Lessor or become payable by the Lessor at the suit of any person that may be the direct or indirect result of the lease of the Property and/or Premises and/or any activity carried on by the Lessee or the Lessee's employees or invitees on the Property and/or Premises. 16 LESSEE'S GENERAL OBLIGATIONS The Lessee shall — 16.1 not use the Property and/or the Premises for any purpose other than the Sole Permitted Use as set out above without the prior written consent of the Lessor, which shall not be unreasonably withheld; 16.2 not do or suffer to be done anything which might damage the Property and/or the Premises or do anything which might increase the risk of fire in the buildings on the Property, and any damage so caused shall be made good at the cost of the Lessee; 16.3 abide by and comply with such governmental, provincial, municipal or other laws, ordinances, regulations or by-laws as may be applicable or become applicable to the Property and/or the Premises and the Lessee's activities thereon and/or therein; 16.4 not do anything in the Property and/or the Premises or permit or cause anything to be done other than in the normal course of business which in the opinion of the Lessor constitutes a nuisance or may cause inconvenience to or in any way affect the peace and comfort of any other person; 16.5 not be entitled to withhold, delay or xxxxx payment of any amounts due to the Lessor in terms of this Lease by reason of any breach or alleged breach of its obligations hereunder;
19 16.6 be liable for damage caused to the Property and/or the Premises by the Lessee, its customers, agents, servants, guests, contractors or other persons coming onto the Property and/or on to the Premises, and at the Lessee's own cost and expense make good any damage which may be so caused to the Property and/or the Premises; 16.7 be entitled to make any non-structural alterations to the Property and/or the Premises necessary for the day-to-day running of its business, provided that upon the expiration or earlier termination of this Lease the Lessee shall, if required to do so by notice received from the Lessor before the expiry or termination of the Lease, remove any such alterations before the expiry or termination of the Lease and restore the Property and/or the Premises to the same condition as they were in at the date of commencement of this Lease, fair wear and tear accepted; 16.8 not paint, affix or attach to the Property or any part of the building, windows, doors or roof or anywhere on the Property any advertising signs or other matter, awning, or canopy or any other thing of any kind without the Lessor's prior written consent, which shall not be unreasonably withheld, and the consent of all relevant authorities; if the Lessee commits a breach of this provision the Lessor shall be entitled, without notice or order of court, to remove the offending matter at the Lessee's expense; 16.9 maintain the good appearance of any advertising sign and keep that sign in proper working order; 16.10 remove any sign at the expiration or earlier termination of this Lease, and reinstate any damage to the Premises; 16.11 not contravene or permit the contravention of any of the conditions of title under which the Property is held by the Lessor or any of the provisions of the town-planning schemes applicable to the Property; 16.12 at all times conduct its labour relations and its relations with its employees and agents in such a manner as to avoid all strikes, picketing and boycotts of, on, or about the Premises and the Property; 16.13 ensure that no part of the Premises is used as residential accommodation at any time during the period of this Lease or any renewal or extension thereof; 16.14 clean the exterior of the Premises (including the glass) and all signs and keep the Property in a clean and orderly state; 16.15 not permit the accumulation of refuse in or outside the Premises and comply with the rules concerning refuse determined by the Lessor and the local authority; 16.16 keep the Premises free from infestation by such pests as may be indicated by the Lessor from time to time, to the reasonable satisfaction of the Lessor, failing which the Lessor shall
20 be entitled to take such reasonable steps as may be necessary in this regard at the cost of the Lessee; 16.17 maintain adequate public liability insurance; 16.18 at its own expense repair any damage caused to the Property and/or the Premises by forcible entry; 16.19 provide, at its own cost, adequate security guards for the Property and/or the Premises; 16.20 assume full control of the premises for purposes of the Occupational Health and Safety Act 85 of 1993 relating to the Premises and shall furthermore indemnify the Lessor against any claims that may be instituted against the Lessor in terms of the said Act; 16.21 comply with all the conditions laid down in the Environment Conservation Act 73 of 1989, and any other applicable environmental legislation insofar as it relates to the Premises and in particular prevent the contamination of the Premises or adjacent areas and shall furthermore indemnify the Lessor against any claims that may be instituted against the Lessor in terms of the said Act; and 16.22 ensure that the provisions of the Tobacco Products Control Act, 1993 (as amended), together with all its regulations (as amended), are complied with by all its employees, visitors, invitees or clients, provided that, in the event that the Lessee is in breach of any of the above provisions of this clause and the Lessor wishes in an appropriate case to do so, the Lessor shall be entitled to employ such persons and do such things as it may deem fit to perform any such obligation in which event the Lessee shall repay to the Lessor any amount paid by the Lessor in this regard within 7 (seven) days after the receipt of a written demand by the Lessor for such payment. 17 ACCESS TO PREMISES AND MANAGEMENT 17.1 The Lessor through its duly authorised officers or agents, upon giving reasonable notice, shall have full power and authority to enter the Premises while accompanied by an authorised representative of the Lessee, in order to view the state and condition thereof and to satisfy itself that the terms and conditions of this Lease are being duly observed, and may make an inventory of all defects or matters calling for repair found thereon or therein for which the Lessee is responsible as herein provided and, within 14 (fourteen) days of the receipt of a notice in writing from the Lessor calling upon it so to do, the Lessee shall make good any defects or matters requiring repair as aforesaid, and if the Lessee shall fail to do so within the period stated in the notice aforesaid the Lessor, through its duly authorised officer or agents, shall be entitled to enter upon the Premises and remedy such defects or make and effect the repairs aforesaid at the expense of the Lessee.
21 17.2 For the purpose of this clause, the Lessor shall be entitled, to the extent reasonably necessary — 17.2.1 to erect scaffolding, hoardings and building equipment and such devices as may be required by law or which the Lessor's architects may certify to be reasonably necessary for the protection of any person against injury arising out of building operations in, at, near or in front of the buildings on the Property; 17.2.2 by itself or through its contractor and/or workmen to all such rights of access to any part of the Property and/or the Premises as are reasonably necessary for the execution of such works; and 17.2.3 to carry out excavations in or adjacent to the Property and/or the Premises, provided that the Lessor shall cause minimum inconvenience to the conduct of the Lessee's business. 17.3 The Lessee acknowledges that the building operations which may in future be carried out in terms of this clause will occasion a certain amount of inconvenience, noise and dust. 17.4 The Lessor shall not be liable for any inconvenience or damage suffered by the Lessee on account of any maintenance or repair work, the effecting of any alterations, additions or removals or the restriction of services whether to the Property or the Premises: save that the Lessor shall do all things reasonably appropriate to minimise inconvenience to the Lessee. 17.5 The Lessor shall not be entitled to exercise its rights in terms of this clause 17, without the prior written consent of the Lessee and if the operations of the Lessor are likely to interrupt or hinder the Lessee's normal business operations the Lessor will be obliged to restrict its operations to after business hours. 17.6 The Lessor shall have the right to locate, or relocate, as the case may be, service mains and other facilities within the Premises when required in terms of any by-law or regulation or when, in the opinion of the Lessor's architect (which shall be final and binding on the Parties), this is dictated by requirements of engineering design or good practice or both. Service mains will be located so as to cause minimum interference with the Lessee and will be unobtrusive in appearance as far as reasonably possible. 17.7 The Lessor shall further, from time to time, be entitled to make such reasonable rules as it deems appropriate and in accordance with normal trade practice for the management and use of the Property and the Premises and shall be entitled to make rules regarding security, fire, access, parking, common areas, the keeping and placing of heavy objects in the building, the keeping or attaching of anything (including name boards) visible from outside the Premises, the use of electrical wiring and points, delivery, refuse removal and other services and shall notify the Lessee of such rules from time to time.
22 18 NON-LIABILITY OF LESSOR 18.1 The Lessor shall not be responsible for — 18.1.1 any failure, cessation, interruption or fault in the water, electricity, air conditioning or other supplies to the Property and/or the Premises; or 18.1.2 for any damages, personal injuries or damage to property (including consequential damages) that may be sustained by the Lessee whether as a result of such failure, cessation, interruption or fault, or whether caused in any other manner whatsoever. 18.2 All goods, property and effects of whatsoever nature, which may at any time be in or on the Property and/or in the Premises, shall be at the sole risk of the Lessee and the Lessor shall not be liable for any loss or damage thereto from any cause whatsoever. 19 BREACH OF LEASE 19.1 If the Lessor at any time during the Initial Period — 19.1.1 does not have 100 % (one hundred percent) ownership by Black women; or 19.1.2 continuously breaches a term of this Agreement. A 3rd (third) or subsequent breach of which notice of breach has been given by the Lessee to the Lessor in accordance with clause 32 occurring within any continuous period of 12 (twelve) months shall be deemed to be a continuous breach of this Lease; or 19.1.3 resolves to commence business rescue proceedings, or takes any steps in anticipation of business rescue proceedings, or a court grants an order placing the Lessor in business rescue and/or if any provision of this Lease is cancelled or suspended (whether entirely, partly or conditionally) by any business rescue practitioner; or 19.1.4 fails to pay an amount due in terms of this Lease on due date thereof and then fails to remedy such breach within a period of 5 (five) business days after the giving of a written notice by the Lessee to the Lessor calling on the Lessor to do so; or 19.1.5 has a final judgment entered against it and the judgment remains unsatisfied for a period of 30 (thirty) days (a final judgment shall mean a judgment of any court notwithstanding that such judgment may be appealable or that an appeal may have been lodged in respect thereof; or 19.1.6 the Lessor's Personnel fail to comply with the applicable anti-corruption laws and regulations; or 19.1.7 breaches any warranties or undertakings under the Sale Agreement;
23 then the Lessee shall have the right, but shall not be obliged, by written notice to the Lessor at its domicilium citandi et executandi — 19.1.8 forthwith to cancel the Lease; or 19.1.9 to enforce compliance by the Lessor of all of its obligations under this Lease, whether or not the due date for payment and/or performance shall have arrived, in either event without prejudice to the rights to claim damages. 19.2 If the Lessee fails to pay an amount due in terms of this Lease on due date thereof and then fails to remedy such breach within a period of 5 (five) business days after the giving of a written notice by the Lessor to the Lessee calling on the Lessee to do so, then the Lessor shall have the right, but shall not be obliged, by written notice to the Lessee at its domicilium citandi et executandi — 19.2.1 forthwith to cancel the Lease and to resume possession of the Property, but without prejudice to its claim for arrears of Rental and other amounts owing hereunder or for damages which it may have suffered by reason of the Lessee's breach of contract or of the premature cancellation; or 19.2.2 to enforce compliance by the Lessee of all of its obligations under this Lease, whether or not the due date for payment and/or performance shall have arrived, in either event without prejudice to the rights to claim damages. 19.3 Any loan amount due by a Party to the other Party will be taken into account when the damages are calculated. 19.4 In the event of the Lessor cancelling this Lease and the Lessee disputing the right to cancel and remaining in occupation of the leased Premises, the Lessee shall, pending the determination of such dispute by litigation or otherwise, continue to pay to the Lessor an amount equivalent to the monthly Rental and other sums payable hereunder on the date or dates on which such Rental and other sums would have been due but for the cancellation, and the Lessor shall be entitled to accept and recover such payments, and the acceptance thereof shall be without prejudice to and shall not in any way whatsoever affect the Lessor's cancellation then in dispute. Should the dispute be determined in favour of the Lessor, the payments made and received in terms of this clause shall be deemed to be amounts paid by the Lessee on account of damages suffered by the Lessor by reason of the cancellation of the Lease and/or the unlawful holding over by the Lessee. 19.5 The Parties agree that any costs awarded will be recoverable on an attorney-and-own- client scale unless the Court specifically determines that such scale shall not apply, in which event the costs will be recoverable in accordance with the High Court tariff, determined on an attorney-and-client scale.
24 20 DAMAGE OR DESTRUCTION 20.1 For the purposes of this clause — 20.1.1 the Property and/or the Premises shall be deemed to be damaged and rendered partially untenantable if destroyed or damaged by fire or any other cause but which, in the sole discretion of an architect appointed by agreement between the Parties (and failing such agreement within 5 (five) days, an architect appointed by the chairman or equivalent of the Institute of Architects), such destruction or damage does not prevent the Lessee from having beneficial use and occupation of the Premises; and 20.1.2 the Property and/or the Premises shall be deemed to be damaged and rendered substantially untenantable if destroyed or damaged by fire or any other cause but which, in the sole discretion of an architect appointed by agreement between the Parties (and failing such agreement within 5 (five) days, an architect appointed by the chairman or equivalent of the Institute of Architects), prevents the Lessee from having beneficial use and occupation of the Premises. 20.2 If the Property and/or the Premises are rendered partially untenantable, the Lessor shall expeditiously reinstate them substantially to their form before the damage or destruction and the Lessee shall be entitled to a remission of Rental according to the extent to and the time during which it is deprived of beneficial occupation thereof (but no longer than the Lessor receives loss of rental insurance payouts in this regard), however, the Lessor shall not be required to spend more on the reinstatement of the Property than it receives from any insurance payout in this regard. 20.3 If the Property and/or the Premises are rendered substantially untenantable, the Lessor shall be entitled within 10 (ten) days of the date of the destruction or damage to give the Lessee written notice that it intends to cancel the Lease, and in the event of notice being given the Lease in respect of the Property shall be deemed to have been cancelled on the date of destruction and neither Party shall have any further claims of whatever nature against the other. 20.4 If the Lessor fails to give notice as aforesaid, it shall restore the relevant buildings to a tenantable condition (i.e. one in which the Property and/or Premises is restored to such an extent so that it is in the same/similar condition as it was prior to the date of destruction, and so as to place the Lessee is the same/similar position as it was prior to the date of destruction) as expeditiously as practicable and the Lessee shall be entitled to a total or partial remission of Rental according to the extent to which and the period during which it has been deprived of beneficial occupation thereof (but no longer than the Lessor receives loss of rental insurance payouts in this regard), however, the Lessor shall not be required to spend more on the reinstatement of the Property than it receives from any insurance payout in this regard.
25 20.5 Any dispute as to whether the buildings on the Property have at any time during the operation of this Lease been rendered partially untenantable or substantially untenantable or as to the remission of Rental to which the Lessee may be entitled hereunder, shall be submitted to an architect appointed by agreement between the Parties (and failing such agreement within 5 (five) days, an architect appointed by the chairman or equivalent of the Institute of Architects), acting as an expert and not as an arbitrator, for final determination. 21 ALTERATIONS AND ADDITIONS 21.1 Save as set forth elsewhere in this Lease, and subject to clause 16.7, the Lessee shall not make any Alterations to the Property or any building on the Property without the Lessor's prior written consent, which consent shall not be unreasonably withheld. Notwithstanding that such consent might have been given, but subject to clause 7, the Lessee shall not be entitled to be compensated for the amount of such improvements at the expiry of this Lease. 21.2 Notwithstanding anything to the contrary contained in this Agreement, the Parties agree that the Lessee shall at its cost effect the following improvements in respect of the Premises, the value of which shall be included when determining the capital expenditure as envisaged in clause 7 above — 21.2.1 replacement of broken ceilings; 21.2.2 replacement of broken light fittings; 21.2.3 replacement of the air-conditioning plant and/or units; and 21.2.4 refurbishment of the ablution facilities excluding the ablution facilities that were refurbished on the ground floor in Block A. 21.3 All proposed Alterations shall be submitted to the Lessor for its approval before any work is commenced and the Lessor shall be entitled to require that such Alterations be effected by builders or subcontractors nominated by the Lessor under the supervision of an architect also nominated by the Lessor. The fees of the architect and the costs of the builders or subcontractors shall be borne by the Lessee. 21.4 During the currency of this Lease, such Alterations shall not be removed or altered by the Lessee, and upon the expiration or earlier termination of the Lease — 21.4.1 subject to the provisions of clause 7, if the Lessee is requested in writing to do so by the Lessor within 30 (thirty) days of such expiration or termination, the Lessee shall remove the said Alterations and reinstate the Property and the Premises, at the Lessee's cost, to their same condition (fair wear and tear excepted) prior to the carrying out of such Alterations, and if the Lessee fails to do so after notice as aforesaid, the
26 Lessor shall be entitled to remove the said Alterations and reinstate the Property and/or the Premises as aforesaid at the Lessee's cost; and 21.4.2 if the Lessor does not exercise its right in terms of this clause, the said Alterations shall not be removed by the Lessee and shall become the Lessor's property and no compensation therefore shall be paid by the Lessor. 21.5 In the event of any dispute arising as to whether any alteration or addition is structural, non- structural or merely a fixture or fitting, a certificate by an architect appointed by the Lessor, acting as an expert and not as an arbitrator, stating his decision in this regard shall be final and binding on the Parties. 21.6 If the Lessee effects any Alterations to the Property and/or the Premises without the Lessor's prior written consent, the Lessor shall, without prejudice to its other rights, be entitled to deem that such consent has been given and to exercise its rights accordingly. 21.7 Subject to clause 7, the Lessee hereby irrevocably acknowledges and agrees that it shall have no right of whatever nature to any enrichment lien in respect of any improvements of whatever nature that it may make to the Property and/or the Premises, whether with or without the Lessor's consent. The Lessee further hereby irrevocably waives it right to remain in occupation of the Property and/or the Premises until compensated for any improvements it may have made to the Property and/or the Premises, whether with or without the Lessor's consent. 21.8 If the Lessee is obliged by the Lessor as provided herein to remove any Alterations and to reinstate the Property and/or the Premises and, for the purposes of so doing, the Lessee remains in occupation of the Property and/or the Premises after expiry of this Lease, then the Lessee shall be liable for the payment of rental and other costs as previously paid in terms of this Lease in respect of such period of occupation and such further damages as may accrue to the Lessor arising therefrom. 22 FIXTURES, FITTINGS AND EQUIPMENT 22.1 The Lessee shall be entitled, from time to time, to introduce into and remove from the Property and/or the Premises such equipment and to install in and remove from the Property such fixtures and fittings as the Lessee deems desirable, provided that — 22.1.1 upon the expiry or termination of the Lease, the Lessee shall be entitled to remove any such equipment, fittings and fixtures, save for the equipment, fittings and fixtures listed in Annexure A which shall remain on the Premises, and restore the Property and/or the Premises to the same condition as they were in at the Commencement Date; 22.1.2 any damage caused to the Property and/or the Premises as a result of the removal of fittings, fixtures and equipment shall be made good by the Lessee at its own expense;
27 22.1.3 notwithstanding the aforegoing, and unless otherwise agreed between the Parties, the Lessee shall not be entitled to remove any fixtures or fittings which were paid for by the Lessor; and 22.1.4 should additional improvements be made to the Premises and/or Property by the Lessee which constitute new fixtures or fittings, the Parties shall discuss and agree in writing whether or not such additional fixtures or fittings will remain on the Premises upon expiry or termination of this Agreement. 22.2 The Lessee hereby indemnifies and holds the Lessor harmless against all damages to person or property attributable to any signboards or neon signs erected on the Property and/or the Premises and against all claims, costs and expenses made against the Lessor as a result of the installation, operation or removal of any sign or any defect therein or as a result of any failure on the part of the Lessee or any of its servants or agents to keep and maintain that sign in good order and condition. 22.3 Other than in the ordinary course of business of the Lessee and provided that the value of the Property is not negatively impacted, the Lessee shall not change or interfere in any way with the electrical, plumbing or sewerage installations in the Property and/or the Premises at the Commencement Date without the Lessor's prior written consent, which shall not unreasonably be withheld. 23 RESPONSIBILITY FOR ELECTRICAL INSTALLATIONS 23.1 The Lessee shall at its cost and at the commencement of the Lease be responsible for procuring the issue of a valid certificate of compliance in respect of the electrical installations in the Premises as contemplated in Government Notice R2920 of 23 October 1992, Government Gazette 14350. If the Lessee has made no alterations to the electrical installation, the Lessee will not be required to provide the Lessor with a revised certificate of compliance in respect of the electrical installations in the Premises as contemplated in this clause on termination of this Lease. 23.2 The Lessee agrees that it shall at its cost be responsible for the safety, safe use and maintenance of electrical installations on the Property and/or in the Premises 23.3 In the event that the regulations contemplated in clause 23.1 above or other legislation or regulations relating to the electrical installations in the Premises are amended, repealed or replaced or any new legislation or regulations come into force, resulting in the need for any alteration to such electrical installations, and/or the issue of a revised certificate of compliance in respect of such electrical installations, the Lessor shall be responsible for any costs involved in any such alteration and/or procuring the issue of a revised certificate of compliance.
28 24 GAS INSTALLATION CONFORMITY CERTIFICATE (IF APPLICABLE) 24.1 The Lessee shall at its cost and at the commencement of the Lease be responsible for procuring the issue of a certificate of conformity (in the prescribed form) in respect of any gas system, gas reticulation system or gas installation on the Property, as contemplated in regulation 17(3) of the regulations made in terms of section 43 of the Occupational Health and Safety Act, No 85 of 1993, if applicable. 24.2 The Lessee agrees that it shall at its cost be responsible for — 24.2.1 the safety, safe use and maintenance of gas installations on the Property and/or in the Premises; 24.2.2 at the termination of the Lease or any renewal thereof procure the issue of a certificate of conformity (in the prescribed form) in respect of any gas system, gas reticulation system or gas installation on the Property, as contemplated in regulation 17(3) of the regulations made in terms of section 43 of the Occupation Health and Safety Act, No 85 of 1993, if applicable. 25 EXCLUSION OF WARRANTIES 25.1 The Parties record that, save as may be expressly provided herein, the Lessor has made no warranties or representations or offered any inducement to the Lessee regarding the Property or the Premises, whether in respect of the suitability thereof for the Lessee's purposes, the condition or situation thereof or any other matter pertaining thereto and that the Lessee enters into this Lease having inspected the Premises and/or having satisfied himself as to all matters relating thereto and upon his own assessment of their suitability and the reasonableness of the Rental and other charges provided for herein. 25.2 The Lessor specifically does not warrant that the Lessee will be granted licences or permits in respect of the Premises for the conduct of any business or for any other type of use, or that such licence or permit will be renewed from time to time. 26 VALUE ADDED TAX The Lessee shall pay VAT charged on all supplies of taxable goods and/or services in respect of this Lease, at the rate or rates determined in the VAT Act, from time to time. 27 ASSIGNMENT OR SUB-LETTING 27.1 The Lessee shall be entitled to transfer, cede or delegate its rights and obligations in terms of this Agreement to another company in the same group.
29 27.2 The Lessee shall not be entitled to sub-let the Premises or any part thereof to another tenant, without the prior written consent of the Lessor, which consent will not be unreasonably withheld or delayed. 28 ANTI BRIBERY 28.1 The Parties shall comply with all applicable anti-corruption laws and regulations, including but not limited to the provisions of the Prevention of Organised Crime Act 12 of 2004. 28.2 Neither Party nor any agent, affiliate, director, partner, employee, or other person acting on behalf of the Party has offered, promised, given, or authorised the giving of anything of value, nor offered, promised, made, or authorised the making of any bribe, rebate, payoff, influence payment, kickback, or other unlawful payment, to any government official, political party, or candidate for public office in order to obtain or retain business, gain any unfair advantage, or influence any act or decision of a government official. 28.3 The Parties acknowledge and understand that they are under a continuing obligation to strictly comply with all relevant anti-corruption laws and regulations. 29 GENERAL WARRANTIES 29.1 Each of the Parties hereby warrants to and in favour of the other that — 29.1.1 it has the legal capacity and has taken all necessary corporate action required to empower and authorise it to enter into this Agreement; 29.1.2 this Agreement constitutes an agreement valid and binding on it and enforceable against it in accordance with its terms; 29.1.3 the execution of this Agreement and the performance of its obligations hereunder does not and shall not — 29.1.3.1 contravene any law or regulation to which that Party is subject; 29.1.3.2 contravene any provision of that Party's constitutional documents; or 29.1.3.3 conflict with, or constitute a breach of any of the provisions of any other agreement, obligation, restriction or undertaking which is binding on it; and 29.1.4 to the best of its knowledge and belief, it is not aware of the existence of any fact or circumstance that may impair its ability to comply with all of its obligations in terms of this Agreement; 29.1.5 it is entering into this Agreement as principal (and not as agent or in any other capacity); 29.1.6 the natural person who signs and executes this Agreement on its behalf is validly and duly authorised to do so;
30 29.1.7 no other Party is acting as a fiduciary for it; and 29.1.8 it is not relying upon any statement or representation by or on behalf of any other Party, except those expressly set forth in this Agreement. 29.2 Each of the representations and warranties given by the Parties in terms of clause 29.1 shall — 29.2.1 be a separate warranty and will in no way be limited or restricted by inference from the terms of any other warranty or by any other words in this Agreement; 29.2.2 continue and remain in force notwithstanding the completion of any or all the transactions contemplated in this Agreement; and 29.2.3 prime facie be deemed to be material and to be a material representation inducing the other Party to enter into this Agreement. 30 SUPPORT The Parties undertake at all times to do all such things, perform all such actions and take all such steps and to procure the doing of all such things, the performance of all such actions and the taking of all such steps as may be open to them and necessary for or incidental to the putting into effect or maintenance of the terms, conditions and/or import of this Agreement. 31 DISPUTE RESOLUTION 31.1 Expert Determination 31.1.1 Unless otherwise provided for in this Agreement, if any dispute arises between the Parties relating to a technical issue which calls for the appointment of an independent expert, then any Party may by written notice to the other Party require that such dispute shall be referred for expert determination in terms of this clause 31.1. 31.1.2 The expert shall — 31.1.2.1 be mutually appointed by agreement between the Parties and shall be an architect registered with the South African Institute of Architects, or an engineer registered with the Engineering Council of South Africa (depending on the nature and subject matter of the dispute), with a minimum of 10 (ten) years' experience as such; 31.1.2.2 act as an expert and not as an arbitrator and the determination by such expert shall be final and binding on the Parties, in the absence of manifest error; 31.1.2.3 have access to such records and information relating to the Agreement and/or the Premises as he reasonably requires to make a determination; and
31 31.1.2.4 inform the Parties in writing of the result of the determination (with reasons therefore and with or without an order as to costs) as speedily as reasonably possible in the circumstances. 31.1.3 In the event that the Parties are unable to agree on an independent expert as envisaged in clause 31.1.2.1 within 10 (ten) business days of receipt of the written notice in terms of clause 31.1.1, then the independent expert will be an architect appointed by the chairman or equivalent of the South African Institute of Architects, or an engineer appointed by the chairman or equivalent of the Engineering Council of South Africa, (depending on the nature and subject matter of the dispute), who has a minimum of 10 (ten) years' experience as such. 31.1.4 The expert shall not be obliged to follow any prescribed procedures, it being the intention of the Parties that the determination should be concluded as soon as possible and the expert shall be entitled to decide on such procedures as the expert may consider desirable for the speedy determination of the relevant matter in accordance herewith, provided that the expert will give both Parties an opportunity to make representations to him/her before making the determination and such representations will be made by the Parties within 7 (seven) days of written request by the expert. 31.1.5 The expert shall make such order as to costs as the expert deems appropriate. 31.2 Arbitration 31.2.1 Subject to clause 31.1, in the event of there being any dispute or difference between the Parties arising out of this Agreement, the said dispute or difference shall on written demand by either Party be submitted to arbitration in Johannesburg in accordance with the AFSA rules, which arbitration shall be administered by AFSA. 31.2.2 Should AFSA, as an institution, not be operating at that time or not be accepting requests for arbitration for any reason, then the arbitration shall be conducted in accordance with the AFSA rules for commercial arbitration (as last applied by AFSA) before an arbitrator appointed by agreement between the parties to the dispute or failing agreement within 10 (ten) business days of the demand for arbitration, then any party to the dispute shall be entitled to forthwith call upon the chairperson of the Johannesburg Bar Council to nominate the arbitrator, provided that the person so nominated shall be an advocate of not less than 10 (ten) years standing as such. The person so nominated shall be the duly appointed arbitrator in respect of the dispute. In the event of the attorneys of the parties to the dispute failing to agree on any matter relating to the administration of the arbitration, such matter shall be referred to and decided by the arbitrator whose decision shall be final and binding on the parties to the dispute.
32 31.2.3 Any party to the arbitration may appeal the decision of the arbitrator or arbitrators in terms of the AFSA rules for commercial arbitration. 31.2.4 Nothing herein contained shall be deemed to prevent or prohibit a party to the arbitration from applying to the appropriate court for urgent relief or for judgment in relation to a liquidated claim. 31.2.5 Any arbitration in terms of this clause 31.2 (including any appeal proceedings) shall be conducted in camera and the Parties shall treat as confidential details of the dispute submitted to arbitration, the conduct of the arbitration proceedings and the outcome of the arbitration. 31.2.6 This clause 31 will continue to be binding on the Parties notwithstanding any termination or cancellation of the Agreement. 31.2.7 The Parties agree that the written demand by a party to the dispute in terms of clause 31.2 that the dispute or difference be submitted to arbitration, is to be deemed to be a legal process for the purpose of interrupting extinctive prescription in terms of the Prescription Act, 1969. 32 NOTICES AND DOMICILIA 32.1 The Parties select as their respective domicilia citandi et executandi the following physical addresses, and for the purposes of giving or sending any notice provided for or required under this Agreement, the said physical addresses as well as the following email addresses — Name Physical Address Email Address Lessor Executive Hub xxxx@xxxxxxxxxxx.xx.xx 1st Floor Block A xxxxxxx@xxxxxxxxxxx.xx.xx Investment Place 10th Road Hyde Park 2196 Marked for the attention of: Zola Malinga & Bukelwa Bulo Name Physical Address Email Address Lessee Howick Close xxxx.xxxxxxxxx@xxxxxxxxxxxxx.xxx Waterfall Park Bekker Road Midrand Marked for the attention of: the Managing Director provided that a Party may change its domicilium to another physical address in the Republic of South Africa (provided that such physical address is not a post office box or poste restante), or may change its address for the purposes of notices to any other physical
33 address or email address by written notice to the other Party to that effect. Such change of address will be effective 5 (five) business days after receipt of the notice of the change. 32.2 All notices to be given in terms of this Agreement will be given in writing and will — 32.2.1 be delivered by hand or sent by email; 32.2.2 if delivered by hand during business hours, be presumed to have been received on the date of delivery. Any notice delivered after business hours or on a day which is not a business day will be presumed to have been received on the following business day; and 32.2.3 if sent by email during business hours, be presumed to have been received on the date of successful transmission of the email. Any email sent after business hours or on a day which is not a business day will be presumed to have been received on the following business day. 32.3 Notwithstanding the above, any notice given in writing, and actually received by the Party to whom the notice is addressed, will be deemed to have been properly given and received, notwithstanding that such notice has not been given in accordance with this clause 32. 33 BENEFIT OF THE AGREEMENT This Agreement will also be for the benefit of and be binding upon the successors in title and permitted assigns of the Parties or either of them. 34 APPLICABLE LAW AND JURISDICTION 34.1 This Agreement will in all respects be governed by and construed under the laws of the Republic of South Africa. 34.2 Subject to clause 31, the Parties hereby consent and submit to the non-exclusive jurisdiction of the High Court of South Africa, Gauteng Local Division, Johannesburg, in any dispute arising from or in connection with this Agreement. 35 GENERAL 35.1 Whole Agreement 35.1.1 This Agreement constitutes the whole of the agreement between the Parties relating to the matters dealt with herein and, save to the extent otherwise provided herein, no undertaking, representation, term or condition relating to the subject matter of this Agreement not incorporated in this Agreement shall be binding on either of the Parties. 35.1.2 This Agreement supersedes and replaces any and all agreements between the Parties (and other persons, as may be applicable) and undertakings given to or on behalf of the
34 Parties (and other persons, as may be applicable) in relation to the subject matter hereof. 35.2 Variations to be in Writing No addition to or variation, deletion, or agreed cancellation of all or any clauses or provisions of this Agreement will be of any force or effect unless in writing and signed by the Parties. 35.3 No Indulgences No latitude, extension of time or other indulgence which may be given or allowed by either Party to the other in respect of the performance of any obligation hereunder, and no delay or forbearance in the enforcement of any right of either Party arising from this Agreement and no single or partial exercise of any right by either Party under this Agreement, shall in any circumstances be construed to be an implied consent or election by that Party or operate as a waiver or a novation of or otherwise affect any of its rights in terms of or arising from this Agreement or estop or preclude it from enforcing at any time and without notice, strict and punctual compliance with each and every provision or term hereof. Failure or delay on the part of either Party in exercising any right, power or privilege under this Agreement will not constitute or be deemed to be a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power or privilege. 35.4 No Waiver or Suspension of Rights No waiver, suspension or postponement by either Party of any right arising out of or in connection with this Agreement shall be of any force or effect unless in writing and signed by that Party. Any such waiver, suspension or postponement will be effective only in the specific instance and for the purpose given. 35.5 Provisions Severable All provisions and the various clauses of this Agreement are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision or clause of this Agreement which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any other reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non scripto and the remaining provisions and clauses of this Agreement shall remain of full force and effect. The Parties declare that it is their intention that this Agreement would be executed without such unenforceable provision if they were aware of such unenforceability at the time of execution hereof.
35 35.6 Continuing Effectiveness of Certain Provisions The expiration or termination of this Agreement shall not affect such of the provisions of this Agreement as expressly provide that they will operate after any such expiration or termination or which of necessity must continue to have effect after such expiration or termination, notwithstanding that the clauses themselves do not expressly provide for this. 35.7 Exclusion of Electronic Signature The reference in clauses 35.2 and 35.4 to writing signed by a Party shall, notwithstanding anything to the contrary in this Agreement, be read and construed as excluding any form of electronic signature. 36 COSTS Except as otherwise specifically provided herein, each Party will bear and pay its own legal costs and expenses of and incidental to the negotiation, drafting, preparation and implementation of this Agreement. 37 SIGNATURE 37.1 This Agreement is signed by the Parties on the dates and at the places indicated below. 37.2 This Agreement may be executed in counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same Agreement as at the date of signature of the Party last signing one of the counterparts. 37.3 The persons signing this Agreement in a representative capacity warrant their authority to do so. 37.4 The Parties record that it is not required for this Agreement to be valid and enforceable that a Party shall initial the pages of this Agreement and/or have its signature of this Agreement verified by a witness.
36 SIGNED at .................................................... on ........................................................................ 2020 For and on behalf of BLACK INDUSTRIALISTS GROUP PROPERTY MANAGEMENT COMPANY PROPRIETARY LIMITED ____________________________________ Signature ____________________________________ Name of Signatory ____________________________________ Designation of Signatory SIGNED at .................................................... on ........................................................................ 2020 For and on behalf of MiX TELEMATICS ENTERPRISE SA PROPRIETARY LIMITED ____________________________________ Signature ____________________________________ Name of Signatory ____________________________________ Designation of Signatory
Annexure A Asset Inventory Company: MiX Telematics Midrand Date: 21/7/2020 Item Description Location Item Details [42] Name Description Category Dept/Area Qty Moveable Item Non Movable Item OWNER BLINDS QUINTUS OFFICE Window Covering HR 4 Yes Part of Property AIRCON QUINTUS OFFICE Cooling System HR 1 Yes Part of Property BLINDS XXXXX OFFICE Window Covering HR 2 Yes Part of Property AIRCON XXXXX OFFICE Cooling System HR 1 Yes Part of Property BLINDS TRAINING AREA OPEN PLAN Window Covering HR 2 Yes Part of Property AIRCON TRINING AREA OPEN PLAN Cooling System HR 1 Yes Part of Property AIRCON HR Cooling System HR 4 Yes Part of Property INDUSTRIAL FIRE EXTINGHUISHERS SERVER ROOM HR H&S HR 2 Yes Part of Property BLINDS XXXXX OFFICE Window Covering HR 4 Yes Part of Property AIRCON XXXXX OFFICE Cooling System HR 1 Yes Part of Property BLINDS TRANSFORMATION OFFICE Window Covering HR 2 Yes Part of Property AIRCON TRANSOFRMATION Cooling System HR 1 Yes Part of Property BLINDS PAYROLL OFFICE Window Covering HR 2 Yes Part of Property AIRCON PAYROLL OFFICE Cooling System HR 2 Yes Part of Property AIRCON XXXXXXX OFFICE Cooling System HR 1 Yes Part of Property AIRCON DALLAS Cooling System DALLAS 2 Yes Part of Property BLINDS DALLAS Window Covering DALLAS 4 Yes Part of Property AIRCON BIRMINGHAM Cooling System BIRMINGHAM 1 Yes Part of Property Roller Blinds BIRMINGHAM Window Covering BIRMINGHAM 2 Yes Part of Property BLINDS XXXXXXXX OFFICE Window Covering XXXXXXXX OFICE 6 Yes Part of Property AIRCON XXXXXXXX OFFICE Cooling System XXXXXXXX OFFICE 1 Yes Part of Property STOVE TRAINING KITCHEN Stationery TRAINING KITCHEN 1 Yes Part of Property AIRCON RECEPTION Cooling System RECEPTION 2 Yes Part of Property DÉCOR LIGHTS RECEPTION Artwork RECEPTION 6 Yes Part of Property
CEILING FANS RECEPTION Cooling System RECEPTION 3 Yes Part of Property ROLLER BLINDS RECEPTION Window Covering RECEPTION 1 Yes Part of Property STOVE FITMENT KITCHEN Stationery FITMENT KITCHEN 1 Yes Part of Property AIRCON JUNAID OFFICE Cooling System JUNAID OFFICE 1 Yes Part of Property BLINDS JUNAID OFFICE Window Covering JUNAID OFFICE 2 Yes Part of Property AIRCON FITMENT OPEN AREA Cooling System FITMENT OPEN AREA 7 Yes Part of Property BLINDS FITMENT OPEN AREA Window Covering FITMENT OPEN AREA 11 Yes Part of Property AIRCON XXXXX OFFICE Cooling System XXXXX OFFICE 1 Yes Part of Property BLINDS XXXXX OFFICE Window Covering XXXXX OFFICE 2 Yes Part of Property AIRCON XXXXX OFFICE Cooling System XXXXX OFFICE 2 Yes Part of Property AIRCON ISO OFFICE Cooling System ISO OFFICE 1 Yes Part of Property BLINDS ISO OFFICE Window Covering ISO OFFICE 2 Yes Part of Property AIRCON XXXXXX XXXX OFFICE Cooling System XXXXXX XXXX OFFICE 1 Yes Part of Property BLINDS XXXXXX XXXX OFFICE Window Covering XXXXXX XXXX OFFICE 1 Yes Part of Property AIRCON PROJECT OFFICE Cooling System PROJECT OFFICE 4 Yes Part of Property BLINDS PROJECT OFFICE Window Covering PROJECT OFFICE 14 Yes Part of Property AIRCON DUBAI Cooling System DUBAI 1 Yes Part of Property BLINDS DUBAI Window Covering DUBAI 3 Yes Part of Property AIRCON FINANCE OPEN PLAN Cooling System FINANCE OPEN PLAN 11 Yes Part of Property BLINDS FINANCE OPEN PLAN Window Covering FINANCE OPEN PLAN 25 Yes Part of Property AIRCON XXXXXX OFFICE Cooling System XXXXXX OFFICE 1 Yes Part of Property BLINDS XXXXXX OFFICE Window Covering XXXXXX OFFICE 5 Yes Part of Property AIRCON FEYAAZ OFFICE Cooling System FEYAAZ OFFICE 1 Yes Part of Property BLINDS FEYAAZ OFFICE Window Covering FEYAAZ OFFICE 3 Yes Part of Property LIGHT FIXTURE RECEPTION B Stationery RECEPTION B 1 Yes Part of Property AIRCON CONTROLROOM Cooling System CONTROLROOM 6 Yes Part of Property BLINDS CONTROLROOM Window Covering CONTROLROOM 3 Yes Part of Property AIRCON SERVER ROOM Cooling System SERVER ROOM 1 Yes Part of Property INDUSTRIAL FIRE EXTINGHUISHERS SERVER ROOM CONTROL ROOMH&S SERVER ROOM 1 Yes Part of Property AIRCON CONSUMER SALES Cooling System CONSUMER SALES 5 Yes Part of Property
EXTRACTOR FAN WINDOW FITTED CONSUMER SALES Cooling System CONSUMER SALES 2 Yes Part of Property BLINDS CONSUMER SALES Window Covering CONSUMER SALES 5 Yes Part of Property AIRCON CONTROLROOM KITCHEN Cooling System CONTROLROOM KITCHEN 1 Yes Part of Property AIRCON SIM ADMIN Cooling System SIM ADMIN 1 Yes Part of Property BLINDS UAT Window Covering UAT 17 Yes Part of Property AIRCON UAT Cooling System UAT 5 Yes Part of Property BLINDS SALES AND MARKETING Window Covering SALES AND MARKETING 14 Yes Part of Property AIRCON SALES AND MARKETING Cooling System SALES AND MARKETING 5 Yes Part of Property AIRCON CLIENT SERVICES Cooling System CLIENT SERVICES 7 Yes Part of Property BLINDS CLIENT SERVICES Window Covering CLIENT SERVICES 21 Yes Part of Property AIRCON OPERATIONS Cooling System OPERATIONS 12 Yes Part of Property BLINDS OPERATIONS Window Covering OPERATIONS 26 Yes Part of Property BLINDS CREDIT CONTROL Window Covering CREDIT CONTROL 20 Yes Part of Property AIRCON CREDIT CONTROL Cooling System CREDIT CONTROL 8 Yes Part of Property CENTRALISED AIRCON OPERATIONS Cooling System OPERATIONS 1 Yes Part of Property CENTRALISED AIRCON CREDIT CONTROL Cooling System CREDIT CONTROL 1 Yes Part of Property BUILD IN CUPBOARDS (FILLING) CREDIT CONTROL Stationery CREDIT CONTROL 1 Yes Part of Property AIRCON TECH SERVICES Cooling System TECH SERVICES 8 Yes Part of Property BLINDS TECH SERVICES Window Covering TECH SERVICES 16 Yes Part of Property BLINDS IT OPEN AREA Window Covering IT OPEN AREA 13 Yes Part of Property CENTRALISED AIRCON IT OPEN AREA Cooling System IT OPEN AREA 1 Yes Part of Property AIRCON IT OPEN AREA Cooling System IT OPEN AREA 5 Yes Part of Property BLINDS IT POD Window Covering IT POD 5 Yes Part of Property AIRCON IT POD Cooling System IT POD 1 Yes Part of Property BLINDS IT KITCHEN Window Covering IT KITCHEN 2 Yes Part of Property BLINDS XXXXXXX OFFICE Window Covering XXXXXXX BLINDS 5 Yes Part of Property AIRCON XXXXXXX OFFICE Cooling System XXXXXXX BLINDS 2 Yes Part of Property BLINDS GROUP FINANCE Window Covering GROUP FINANCE 7 Yes Part of Property AIRCON GROUP FINANCE Cooling System GROUP FINANCE 4 Yes Part of Property BLINDS TRISTAN OFFICE Window Covering TRISTAN OFFICE 2 Yes Part of Property
AIRCON TRISTAN OFFICE Cooling System TRISTAN OFFICE 1 Yes Part of Property BLINDS EXCO KITCHEN Window Covering EXCO KITCHEN 2 Yes Part of Property AIRCON EXCO KITCHEN Cooling System EXCO KITCHEN 1 Yes Part of Property BLINDS XXXXXXXX OFFICE Window Covering XXXXXXXX OFFICE 1 Yes Part of Property AIRCON XXXXXXXX OFFICE Cooling System XXXXXXXX OFFICE 1 Yes Part of Property SHOWER EXCO BATHROOM Window Covering EXCO BATHROOM 1 Yes Part of Property BLINDS EXCO BATHROOM Window Covering EXCO BATHROOM 2 Yes Part of Property MIRRORS EXCO BATHROOM Artwork EXCO BATHROOM 1 Yes Part of Property BLINDS LIBRARY Window Covering LIBRARY 2 Yes Part of Property AIRCON LIBRARY Cooling System LIBRARY 1 Yes Part of Property AIRCON XXXXXXXXXX Cooling System XXXXXXXXXX 1 Yes Part of Property BLINDS GERT OFFICE Window Covering GERT OFFICE 6 Yes Part of Property AIRCON GERT OFFICE Cooling System GERT OFFICE 1 Yes Part of Property BLINDS XXXX XXXX Window Covering XXXX XXXX 4 Yes Part of Property AIRCON XXXX XXXX Cooling System XXXX XXXX 1 Yes Part of Property BLINDS XXXXXX OFFICE Window Covering XXXXXX OFFICE 3 Yes Part of Property AIRCON XXXXXX OFFICE Cooling System XXXXXX OFFICE 1 Yes Part of Property BLINDS PADDY OFFICE Window Covering PADDY OFFICE 2 Yes Part of Property AIRCON PADDY OFFICE Cooling System PADDY OFFICE 1 Yes Part of Property BLINDS XXXXXX OFFICE Window Covering XXXXXX OFFICE 1 Yes Part of Property AIRCON XXXXXX OFFICE Cooling System XXXXXX OFFICE 1 Yes Part of Property BLINDS RECEPTION PASSAGE Window Covering RECEPTION PASSAGE 2 Yes Part of Property SECURITY GATE CANTEEN ENTRANCE H&S CANTEEN ENTRANCE 1 Yes Part of Property BLINDS EXCO BOARDROOM Window Covering EXCO BOARDROOM 11 Yes Part of Property ROLLER BLINDS EXCO BOARDROOM Window Covering EXCO BOARDROOM 4 Yes Part of Property CENTRALISED AIRCON EXCO BOARDROOM Cooling System EXCO BOARDROOM 1 Yes Part of Property FIRE HOSE FITTING MIX CAFÉ H&S CANTEEN ENTRANCE 1 Yes Part of Property DB BOARDS MIX CAFÉ H&S CANTEEN ENTRANCE 2 Yes Part of Property BLINDS MIX CAFÉ Window Covering CANTEEN 2 Yes Part of Property AIRCON MIX CAFÉ Cooling System CANTEEN 1 Yes Part of Property Arwning & canvass covers MIX CAFÉ Building Fixture CANTEEN 1 Yes Part of Property CENTRALISED AIRCON MIX CAFÉ Cooling System CANTEEN 1 Yes Part of Property BLINDS PASSAGEWAY Window Covering PASSAGEWAY 9 Yes Part of Property AIRCON XXXXXXX XXXXXX Cooling System XXXXXXXX OFFICE 2 Yes Part of Property
BLINDS XXXXXXX XXXXXX Window Covering XXXXXXXX OFFICE 2 Yes Part of Property SHOWER HEADS RESTROOMS BASMENT H&S BLOCK B BASMENT 2 Yes Part of Property AIRCON GYM Cooling System BLOCK B BASMENT 1 Yes Part of Property DB BOARDS DB BOARDS H&S UPSTAIRS BLOCK B 1 Yes Part of Property DB BOARDS DB BOARDS H&S S&M PASSAGE 1 Yes Part of Property DB BOARDS DB BOARDS H&S RECEPTION A 1 Yes Part of Property