Common use of CONDITIONS OF OCCUPATION Clause in Contracts

CONDITIONS OF OCCUPATION. 4.1. From the occupation date the Purchaser - 4.1.1. shall at all times as long as this agreement remains in force, comply with the provisions of the Act and the Rules save that, if the body corporate has not yet come into existence - 4.1.1.1 such of the provisions as cannot, under the circumstances, be applicable or are impliedly substituted by the provisions of this agreement shall not be binding on the Purchaser; 4.1.1.2 the Purchaser shall comply with the binding provisions as if he was the owner of that unit; and 4.1.1.3 the Seller shall enjoy the same rights and powers as the body corporate and the trustees enjoy in terms of the binding provisions; 4.1.2. waives all claims against the Seller for any loss or damage to property or any injury to person which the Purchaser may sustain in or about the Section, the building or the common property and indemnifies the Seller against any such claim that may be made against the Seller by any member of the Purchaser's family or the Purchaser's invitees, employees, or agents for any loss or damage to property or injury to person suffered in or about the Section, the building or the property howsoever such loss or damage to property or injury to person may be cause; 4.1.3. shall not, without the prior written consent of the Seller, make or cause or allow to be made any improvements to the Section or remove or demolish any improvements whatsoever. The Purchaser shall not, except insofar as his rights are preserved in terms of the Section 28 of the Act, have any claim against the Seller in respect of any expenditure upon or improvements to the Section, whether made with or without the Seller's consent, and notwithstanding the preservation of such rights, hereby waives his lien (if any) in respect of such improvements. All improvements to the Section made by or at the instance of expense of the Purchaser shall accede to the Section and belong to the Seller. 4.2. Possession of and all risk in and to the unit shall pass to the purchaser on transfer.

CONDITIONS OF OCCUPATION. 4.1. 8.1 From the occupation date date, the Purchaser - 4.1.1. shall at all times as long as this agreement remains in forceshall, until the date of registration of transfer comply with the provisions of the Act and of the Rules save thatrules which will be applicable to the scheme on the basis that the Seller shall, if until the body corporate has not yet come comes into existence - 4.1.1.1 such of the provisions as cannotbeing, under the circumstances, be applicable or are impliedly substituted by the provisions of this agreement shall not be binding on the Purchaser; 4.1.1.2 the Purchaser shall comply with the binding provisions as if he was the owner of that unit; and 4.1.1.3 the Seller shall enjoy the same rights and powers as the body corporate and the trustees enjoy in terms of such rules. 8.2 The purchaser shall not be entitled to make any alterations of additions to the binding provisions; 4.1.2. waives all claims against the Seller for any loss or damage unit prior to property or any injury to person which the Purchaser may sustain in or about the Section, the building or the common property and indemnifies the Seller against any such claim that may be made against the Seller by any member of the Purchaser's family or the Purchaser's invitees, employees, or agents for any loss or damage to property or injury to person suffered in or about the Section, the building or the property howsoever such loss or damage to property or injury to person may be cause; 4.1.3. shall not, transfer without the prior written consent of the Seller, make which consent shall not be unreasonably withheld; 8.3 The purchaser shall be obliged to maintain the unit in a fit and proper condition, and to keep it neatly and properly painted and glazed. The purchaser shall further be obliged to maintain and from time to time replace, as may be necessary, all the interior fittings, electrical and service installations of the unit, and shall be obliged to keep the walls, floors and ceilings of the unit in proper repair, and generally to undertake all such maintenance and repairs not envisaged in clause 23; 8.4 The purchaser shall not be entitled to divide the unit for the purpose of selling, donating or cause in any other manner alienating or allow disposing of the purchaser’s rights of occupancy or any portion thereof to any other person; 8.5 The purchaser shall be entitled, from date of occupation, to let the unit to a third party. The purchaser: 8.5.1 Undertakes to include in any lease agreement entered into between the purchaser and his/her/its tenant/occupier, a clause stipulating that such tenant/occupier will be bound by the rules of the body corporate; 8.5.2 undertakes that he/she/it, his/her/its tenant and/or occupier will duly comply with all the rules; 8.5.3 hereby indemnifies the Seller against and agrees to be made held liable for, any improvements damages or loss that the Seller may suffer as a result of the Purchaser’s tenants or occupier’s failure to comply with the rules; 8.5.4 ▇▇▇▇▇▇ agrees to accept liability and consents to be liable, for the purposes of this clause 8, for any legal costs on an attorney and own client scale, incurred by the Seller or the managing agent to enforce the rules against the Purchaser and/or his tenant/occupier including the legal costs of evicting the tenant/occupier. 8.6 The purchaser shall, from the occupation date until date of transfer and irrespective of whether or not the purchaser takes physical occupation of the unit, be liable for the interim levy raised, if applicable, in respect of rates, refuse and sewer charges for the proposed unit and for the purchaser’s undivided share in the common property. In addition, the purchaser shall be liable from date of occupation for all water and electricity consumed in respect of the unit as well as the purchaser’s proportionate share of the water and electricity consumed in the ordinary course for the proposed common property area. 8.7 The purchaser shall not use the unit or the common property in such manner as to cause any damage there or to the Section other units in the building, nor shall he/she/it store or remove permit the storage therein of any inflammable material which may vitiate any policy of insurance in respect of the building or demolish any improvements whatsoever. The Purchaser shall not, except insofar as his rights are preserved which is likely to have the effect of increasing the premium payable in terms of any such insurance policy. 8.8 The seller either personally, or through its employees or agents shall be entitled at all reasonable times to have access to the Section 28 unit for the purpose of inspecting same or to carry out any maintenance or repairs which the Actseller may in terms hereof be obliged or entitled to perform, whether such repairs relate to the unit or not, and the purchaser shall have any no claim against the Seller seller for any disturbance in respect his/her/its occupation arising out of the exercise by the seller of the rights hereby conferred. 8.9 the purchaser may use and enjoy the common property but shall do so in such manner so as not to interfere with the use and enjoyment thereof by other unit holders or other persons lawfully upon the property. The purchaser shall ensure that his/her/its tenants, invitees and employees comply with the provision of this clause; 8.10 the purchaser shall not use his/her/its unit or permit same to be used in such manner or for such purpose as shall cause a nuisance to any expenditure upon occupier of a unit or improvements the common property or interfere with the amenities of the property or so as to breach any law, ordinance or by-law or any town planning scheme in force or to come into force in relation to the Sectionland; 8.11 The seller hereby undertakes, whether made with or without pending the Seller's consentestablishment of a Body Corporate – 8.11.1 to keep the building insured for replacement value against fire and all other risks against which the seller may deem it prudent to insure, and notwithstanding to pay the preservation premiums falling due thereon from time to time. 8.11.2 to maintain the property and to keep it in a state of such rightsgood and serviceable repair, hereby waives his lien (if any) in respect of such improvements. All improvements including any structural repairs to the Section made by improvements erected there on; 8.11.3 to keep in a state of good and serviceable repair and maintain the plant, machinery, fixtures and fittings used in connection with the common property; 8.11.4 to maintain and repair all pipes, wires, cables and ducts existing on the land or at in the instance buildings and capable of expense being used only in connection with the enjoyment of more than one unit or of the Purchaser shall accede common property, provided however that notwithstanding anything to the Section and belong contrary herein contained, the seller shall be entitled to effect any repairs to the Seller.buildings (including the unit) and/or the land even though the seller is not obliged to effect such repairs in terms of this agreement; 4.2. Possession of and all risk in and 8.12 Notwithstanding anything to the unit shall pass contrary contained in this agreement and pending the establishment of the Body Corporate as aforesaid it is hereby agreed that in the event of the seller being unable to effect transfer by reason of either destruction of the building or expropriation of the land or for any other reason whatsoever save for such reason as may be attributed to the fault of the seller, or in the event of destruction of the unit to the extent that the purchaser on transferis deprived or likely to be deprived of beneficial occupation thereof for a period of 12 months or longer, either party shall thereupon be entitled to resile from the agreement.

CONDITIONS OF OCCUPATION. 4.1. From the occupation date until the Purchaser -date on which registration takes place the purchaser shall: 4.1.15.1. shall at all times as long as this agreement remains in force, comply Comply with the provisions rules of the Act and the Rules save that, if the body corporate has not yet come into existence - 4.1.1.1 such of the provisions as cannot, under the circumstances, Home Owners’ Association which will be applicable or are impliedly substituted by to the provisions of this agreement shall not be binding on the Purchaserscheme; 4.1.1.2 the Purchaser shall comply with the binding provisions as if he was the owner of that unit; and 4.1.1.3 the Seller shall enjoy the same rights and powers as the body corporate and the trustees enjoy in terms of the binding provisions; 4.1.25.2. waives Waive all claims against the Seller seller for any loss or damage to property or for any injury to person which the Purchaser purchaser may sustain in or about the Section, the building property or the common property property, and indemnifies shall indemnify the Seller seller against any such claim that may be made against the Seller by any member seller by 5.3. Pay on demand all charges in respect of the Purchaser's family electricity and other municipal services consumed or utilized in respect of the property on or before due date, provided that if the purchaser fails to pay any such amount the seller be entitled to make payment thereof on the purchaser’s behalf and to recover same from the purchaser together with interest at the effective rate from the date of which such amount is disbursed by the seller to the date upon which it is recovered, and to pay the charges raised by the relevant local authority for the commission and provision of electrical supply to the property; 5.4. Be liable for and pay to the seller or the Purchaser's inviteesappointed managing agent, employees, or agents for any loss or damage to property or injury to person suffered monthly in or about advance on the Sectionfirst day of each and every month, the building or monthly levy as referred to in paragraph 1.12 above and the monthly occupational interest as referred to in paragraph 1.23 above; 5.5. Maintain the property howsoever such loss or damage to property or injury to person may be causein a clean and orderly condition; 4.1.35.6. shall not, without Not be entitled to let or otherwise part with possession and occupation of the property except with the prior written consent of the Sellerseller which shall not unreasonably be withheld; 5.7. Acknowledge that on the occupation date the common property and other properties may be incomplete and the purchaser and other occupiers may necessarily suffer inconvenience from building operations and from the noise and dust resulting there from and that the purchaser shall have no claim whatsoever against the seller for reason of any such inconvenience, make provided that such inconvenience is not caused by intentional or cause grossly negligent acts of the seller or allow its agents or its employees; 5.8. If there is any dispute between the seller and the purchaser as to whether any materials or workmanship are of a required standard, then the decision of the architect in this regard shall be made any improvements to final and binding upon the Section or remove or demolish any improvements whatsoeverparties; 5.9. The Purchaser purchaser shall notnot by reason of any delay in the transfer of the property to him due to any cause whatsoever, except insofar as his rights are preserved be entitled to cancel this contract or to refrain from paying, or suspend payment of any amount payable by him in terms of this agreement or to claim and recover from the Section 28 seller any damages or compensation or any remission of rental; 5.10. The purchaser agrees to, immediately upon being called to do so by the Actseller, have but in any claim against event prior to occupation, sign the Seller in respect Bank Authority Letter of Release or any expenditure upon or improvements other documentation required by the bank to effect payment to the Sectionseller on registration of transfer. The purchaser shall prepare a snag list save for carpets, whether made with or without kitchen and vanity tops and tile work which is to be inspected prior to occupation and which snags the Seller's consent, and notwithstanding the preservation seller is obliged to rectify within 30 days after occupation in terms of such rights, hereby waives his lien (if any) in respect of such improvements. All improvements to the Section made by or at the instance of expense of the Purchaser shall accede to the Section and belong to the Seller. 4.2. Possession of and all risk in and to the unit shall pass to the purchaser on transfer.clause 6 below;

CONDITIONS OF OCCUPATION. 4.1. From the occupation date Occupation Date the Purchaser -– 4.1.1. 7.1 shall at all times as long as this agreement Agreement remains in force, comply with the provisions of the Act and the Rules of the Body Corporate save that, if the body corporate Body Corporate has not yet come into existence - 4.1.1.1 existence, such of the provisions as cannot, under the circumstances, be applicable or are impliedly implied substituted by the provisions of this agreement Agreement shall not be binding on the Purchaser; 4.1.1.2 the Purchaser 7.2 shall comply with the binding provisions as if he was the owner of that unit; andUnit; 4.1.1.3 7.3 accepts that the Seller shall enjoy the same rights and powers as the body corporate Body Corporate and the trustees enjoy in terms of the binding provisions; 4.1.2. provisions of the Sectional Titles Act and/or the Sectional Titles Schemes Management Act and the Rules of the Body Corporate; INITIAL unless the Consumer Protection Act 34 of 2005 explicitly provides otherwise, waives all claims against the Seller for any loss or damage to property or any injury to person which the Purchaser may sustain in or about the Section, the building Building or the common property and indemnifies the Seller against any such claim that may be made against the Seller by any member of person inter alia but not limited to the Purchaser's ’s family or the Purchaser's ’s invitees, employees, or agents Agents for any loss or damage to property or injury to person suffered in or about the Section, the building Building or the property howsoever such loss or damage to property or injury to person may be cause;; and 4.1.3. 7.5 shall not, without the prior written consent of the Seller, make or cause or allow to be made any improvements to the Section or remove or demolish any improvements whatsoever. The Purchaser shall not, except insofar as his rights are preserved in terms of the Section 28 of the Act, have any claim against the Seller in respect of any expenditure upon or improvements to the Section, whether made with or without the Seller's consent, and notwithstanding the preservation of such rights, hereby waives his lien (if any) in respect of such improvements. All improvements to the Section made by or at the instance of expense of the Purchaser shall accede to the Section and belong to the Seller. 4.2. Possession of and all risk in and to the unit shall pass to the purchaser on transfer.