Common use of FINAL PLAN Clause in Contracts

FINAL PLAN. 6.1 In the event of any amendments and/or CHANGES made by the EMPLOYER to the construction drawings at the time of signature of this AGREEMENT, the CONTRACTOR will prior to the submission thereof for municipal approval, notify the EMPLOYER so that the EMPLOYER may sign off the construction drawings as being accurate reflections of the WORKS. The EMPLOYER is obliged to sign off the said construction drawings within 3 (three) BUSINESS DAYS of being called upon by the CONTRACTOR to do so, failing which the construction drawings will be deemed to have been accepted by the EMPLOYER and the CONTRACTOR shall proceed with the submission thereof to the municipality. Upon signature of the construction drawings by the EMPLOYER, such drawings will constitute the PLAN for the purposes of this AGREEMENT in substitution for the drawing contained in the annexures, and in the unlikely event of any differences between any of the annexures and the substituted PLAN, the substituted PLAN will prevail. 6.2 If necessary, the CONTRACTOR shall be entitled to amend or substitute materials or equipment as per Annexure B2, without reference to the EMPLOYER, with replacement materials and the EMPLOYER shall have no claim against the CONTRACTOR for this. 6.3 Notwithstanding clause 6.1 above, in the event that there is a discrepancy between the FINISHING SCHEDULE and the specifications of the substituted PLAN and/or drawings contained in the annexures, the FINISHING SCHEDULE specifications will prevail, subject to substitution and/or amendment of such specifications by the CONTRACTOR, as envisioned in clause 6.2 above (please also refer to Annexure B2). 6.4 The EMPLOYER acknowledges that no amendments or CHANGES to the construction drawings will be allowed after signature of this AGREEMENT by the EMPLOYER. The EMPLOYER must select his choice of finishes where the FINISHING SCHEDULE provides for choices, provided that such items will be supplied by the developer’s preferred supplier, within 10 (ten) DAYS of being requested to do so by the CONTRACTOR. In the event that the EMPLOYER fails to select his choice of finishes within the aforesaid timeframe, the CONTRACTOR shall be entitled to proceed with the WORKS in accordance with the standard specifications contained in the FINISHING SCHEDULE. Where choices are allowed in terms of the FINISHING SCHEDULE, the CONTRACTOR may in its discretion refuse any request to choose finishes to a value greater than those values allowed for in the FINISHING SCHEDULE.

FINAL PLAN. 6.1 In the event of any amendments and/or CHANGES made by the EMPLOYER to the construction drawings at the time of signature of this AGREEMENT, the CONTRACTOR will prior to the submission thereof for municipal approval, notify the EMPLOYER so that the EMPLOYER may sign off the construction drawings as being accurate reflections of the WORKS. The EMPLOYER is obliged to sign off the said construction drawings within 3 (three) BUSINESS DAYS of being called upon by the CONTRACTOR to do so, failing which the construction drawings will be deemed to have been accepted by the EMPLOYER and the CONTRACTOR shall proceed with the submission thereof to the municipality. Upon signature of the construction drawings by the EMPLOYER, such drawings will constitute the PLAN for the purposes of this AGREEMENT in substitution for the drawing contained in the annexures, and in the unlikely event of any differences between any of the annexures and the substituted PLAN, the substituted PLAN will prevail. 6.2 If necessary, the CONTRACTOR shall be entitled to amend or substitute materials or equipment as per Annexure B2, without reference to the EMPLOYER, with replacement materials and the EMPLOYER shall have no claim against the CONTRACTOR for this. 6.3 Notwithstanding clause 6.1 above, in the event that there is a discrepancy between the FINISHING SCHEDULE and the specifications of the substituted PLAN and/or drawings contained in the annexures, the FINISHING SCHEDULE specifications will prevail, subject to substitution and/or amendment of such specifications by the CONTRACTOR, as envisioned in clause 6.2 above (please also refer to Annexure B2). 6.4 The EMPLOYER acknowledges that no amendments or CHANGES to the construction drawings will be allowed after signature of this AGREEMENT by the EMPLOYER. The EMPLOYER must select his choice of finishes where the FINISHING SCHEDULE provides for choices, provided that such items will be supplied by the developer’s preferred supplier, within 10 (ten) DAYS of being requested to do so by the CONTRACTOR. In the event that the EMPLOYER fails to select his choice of finishes within the aforesaid timeframe, the CONTRACTOR shall be entitled to proceed with the WORKS in accordance with the standard specifications contained in the FINISHING SCHEDULE. Where choices are allowed in terms of the FINISHING SCHEDULE, the CONTRACTOR may in its discretion refuse any request to choose finishes to a value greater than those values allowed for in the FINISHING SCHEDULE. 6.5 It is the intention of the CONTRACTOR to construct the WORKS materially in accordance with the PLAN and FINISHING SCHEDULE. However, in the event of the CONTRACTOR having to make changes to the PLAN as a result of an engineering, architectural, statutory, regulatory or other requirement imposed by the local authority or any other governing or regulatory bodies, the CONTRACTOR reserves the right and will be entitled, in its discretion, to redesign the PLAN and or layout thereof pursuant to which event the EMPLOYER shall have no recourse to and/or against the CONTRACTOR. 6.6 The CONTRACTOR shall specifically be entitled to vary the levels of elevation as indicated in the PLAN, if in the CONTRACTOR’s discretion, such variance or change is necessary and/or pursuant to any requirement by the CONTRACTOR, in order to address and/or meet any technical, practical and/or legal issues pertaining to the WORKS, to which event the EMPLOYER shall have no recourse to and/or against the CONTRACTOR.

FINAL PLAN. 6.1 In Tenant shall supply Landlord with four (4) hard copies signed by Tenant of its final plan, along with other renderings or illustrations reasonably required by Landlord, to allow Landlord to understand Tenant’s design intent, for the event Improvements before any architectural working drawings or engineering drawings have been commenced, and concurrently with Tenant’s delivery of any amendments and/or CHANGES made by such hard copy, Tenant shall send to Landlord via electronic mail one (1) .pdf electronic copy of such final plan. The final plan (the EMPLOYER “Final Plan”) shall include a layout and designation of all offices, rooms and other partitioning, their intended use, and fixtures to be contained therein. Tenant shall have the right to install one or more showers in mutually acceptable locations within the Building, which right shall be subject to Landlord’s restoration rights contained in Section 9.4 of the Office Lease and this Section 3.2. Further, Tenant shall have the right to install a kitchen to be located on the third floor of the Building, which right shall be subject to Landlord’s restoration rights contained in Section 9.4 of the Office Lease and this Section 3.2. Landlord may request clarification or more specific drawings for special use items not included in the Final Plan to the construction drawings extent the Final Plan does not, in Landlord’s judgment, fully describe such items in reasonable detail. Landlord shall advise Tenant within five (5) business days after Landlord’s receipt of the Final Plan if the same is unsatisfactory or incomplete in any respect in Landlord’s reasonable judgment, provided Landlord will specify any objections in writing and in reasonable detail. If Tenant is so advised, Tenant shall promptly cause the Final Plan to be revised to correct any deficiencies or other matters Landlord may reasonably require, and Landlord thereafter will have five (5) business days after each revised draft is delivered to Landlord to respond with any further reasonable objections, provided all objections will be specified in writing and in reasonable detail. Notwithstanding any term or provision to the contrary contained in Section 9.4 of the Office Lease, in connection with the review of the Final Plan, Landlord shall have the right to designate in writing any non-standard office improvements (including without limitation, any showers or kitchen to be installed in the Premises) that Tenant shall be required to remove at the time end of signature of this AGREEMENTthe Lease Term, as extended, in which case, the CONTRACTOR will prior third sentence of Section 9.4 shall apply to the submission thereof removal of such non-standard office improvements as if the same were Alterations; provided, however, if Landlord fails to so designate any such improvements for municipal approvalremoval by Tenant, notify the EMPLOYER so that the EMPLOYER may sign off the construction drawings as being accurate reflections of the WORKS. The EMPLOYER is obliged to sign off the said construction drawings within 3 (three) BUSINESS DAYS of being called upon by the CONTRACTOR to do so, failing which the construction drawings will be deemed to have been accepted by the EMPLOYER and the CONTRACTOR shall proceed with the submission thereof to the municipality. Upon signature of the construction drawings by the EMPLOYER, such drawings will constitute the PLAN for the purposes of this AGREEMENT in substitution for the drawing contained in the annexures, and in the unlikely event of any differences between any of the annexures and the substituted PLAN, the substituted PLAN will prevail. 6.2 If necessary, the CONTRACTOR shall be entitled to amend or substitute materials or equipment as per Annexure B2, without reference to the EMPLOYER, with replacement materials and the EMPLOYER then Tenant shall have no claim against obligation to remove such improvements at the CONTRACTOR for this. 6.3 Notwithstanding clause 6.1 above, in the event that there is a discrepancy between the FINISHING SCHEDULE and the specifications end of the substituted PLAN and/or drawings contained in the annexures, the FINISHING SCHEDULE specifications will prevail, subject to substitution and/or amendment of such specifications by the CONTRACTORLease Term, as envisioned in clause 6.2 above (please also refer to Annexure B2)extended. 6.4 The EMPLOYER acknowledges that no amendments or CHANGES to the construction drawings will be allowed after signature of this AGREEMENT by the EMPLOYER. The EMPLOYER must select his choice of finishes where the FINISHING SCHEDULE provides for choices, provided that such items will be supplied by the developer’s preferred supplier, within 10 (ten) DAYS of being requested to do so by the CONTRACTOR. In the event that the EMPLOYER fails to select his choice of finishes within the aforesaid timeframe, the CONTRACTOR shall be entitled to proceed with the WORKS in accordance with the standard specifications contained in the FINISHING SCHEDULE. Where choices are allowed in terms of the FINISHING SCHEDULE, the CONTRACTOR may in its discretion refuse any request to choose finishes to a value greater than those values allowed for in the FINISHING SCHEDULE.

FINAL PLAN. 6.1 In the event of any amendments and/or CHANGES made by the EMPLOYER to the construction drawings at the time of signature of this AGREEMENT, the CONTRACTOR will prior to the submission thereof for municipal approval, notify the EMPLOYER so that the EMPLOYER may sign off the construction drawings as being accurate reflections of the WORKS. The EMPLOYER is obliged to sign off the said construction drawings within 3 (three) BUSINESS DAYS of being called upon by the CONTRACTOR to do so, failing which the construction drawings will be deemed to have been accepted by the EMPLOYER and the CONTRACTOR shall proceed with the submission thereof to the municipality. Upon signature of the construction drawings by the EMPLOYER, such drawings will constitute the PLAN for the purposes of this AGREEMENT in substitution for the drawing contained in the annexures, and in the unlikely event of any differences between any of the annexures and the substituted PLAN, the substituted PLAN will prevail. 6.2 If necessary, the CONTRACTOR shall be entitled to amend or substitute materials or equipment as per Annexure B2, without reference to the EMPLOYER, with replacement materials and the EMPLOYER shall have no claim against the CONTRACTOR for this. 6.3 Notwithstanding clause 6.1 above, in the event that there is a discrepancy between the FINISHING SCHEDULE and the specifications of the substituted PLAN and/or drawings contained in the annexures, the FINISHING SCHEDULE specifications will prevail, subject to substitution and/or amendment of such specifications by the CONTRACTOR, as envisioned in clause 6.2 above (please also refer to Annexure B2). 6.4 The EMPLOYER acknowledges that no amendments or CHANGES to the construction drawings will be allowed after signature of this AGREEMENT by the EMPLOYER. The EMPLOYER must select his choice of finishes where the FINISHING SCHEDULE provides for choices, provided that such items will be supplied by the developer’s preferred supplier, within 10 (ten) DAYS of being requested to do so by the CONTRACTOR. In the event that the EMPLOYER fails to select his choice of finishes within the aforesaid timeframe, the CONTRACTOR shall be entitled to proceed with the WORKS in accordance with the standard specifications contained in the FINISHING SCHEDULE. Where choices are allowed in terms of the FINISHING SCHEDULE, the CONTRACTOR may in its discretion refuse any request to choose finishes to a value greater than those values allowed for in the FINISHING SCHEDULE.

FINAL PLAN. 6.1 In the event of any amendments and/or CHANGES made by the EMPLOYER to the construction drawings at the time of signature of this AGREEMENT, the CONTRACTOR will prior to the submission thereof for municipal approval, notify the EMPLOYER so that the EMPLOYER may sign off the construction drawings as being accurate reflections of the WORKS. The EMPLOYER is obliged to sign off the said construction drawings within 3 (three) BUSINESS DAYS of being called upon by the CONTRACTOR to do so, failing which the construction drawings will be deemed to have been accepted by the EMPLOYER and the CONTRACTOR shall proceed with the submission thereof to the municipality. Upon signature of the construction drawings by the EMPLOYER, such drawings will constitute the PLAN for the purposes of this AGREEMENT in substitution for the drawing contained in the annexures, and in the unlikely event of any differences between any of the annexures and the substituted PLAN, the substituted PLAN will prevail. 6.2 If necessary, the CONTRACTOR shall be entitled to amend or substitute materials or equipment as per Annexure B2, without reference to the EMPLOYER, with replacement materials and the EMPLOYER shall have no claim against the CONTRACTOR for this. 6.3 Notwithstanding clause 6.1 above, in the event that there is a discrepancy between the FINISHING SCHEDULE and the specifications of the substituted PLAN and/or drawings contained in the annexures, the FINISHING SCHEDULE specifications will prevail, subject to substitution and/or amendment of such specifications by the CONTRACTOR, as envisioned in clause 6.2 above (please also refer to Annexure B2). 6.4 The EMPLOYER acknowledges that no amendments or CHANGES to the construction drawings will be allowed after signature of this AGREEMENT by the EMPLOYER. The EMPLOYER must select his choice of finishes where the FINISHING SCHEDULE provides for choices, provided that such items will be supplied by the developer’s preferred supplier, within 10 (ten) DAYS of being requested to do so by the CONTRACTOR. In the event that the EMPLOYER fails to select his choice of finishes within the aforesaid timeframe, the CONTRACTOR shall be entitled to proceed with the WORKS in accordance with the standard specifications contained in the FINISHING SCHEDULE. TGP Construction Cape Town (Pty) Ltd Reg no.: 2017/506093/07 VAT no.: 419 028 0760 Physical Address 3rd Floor, Madison Square, Cnr ▇▇▇▇ ▇▇▇▇▇▇ & Tygerfalls Postal Address PO Box 3667, Tygervalley, 6.5 Where choices are allowed in terms of the FINISHING SCHEDULE, the CONTRACTOR may in its discretion refuse any request to choose finishes to a value greater than those values allowed for in the FINISHING SCHEDULE.

FINAL PLAN. 6.1 In the event of any amendments and/or CHANGES made by the EMPLOYER to the construction drawings at the time of signature of this AGREEMENT, the CONTRACTOR will prior to the submission thereof for municipal approval, notify the EMPLOYER so that the EMPLOYER may sign off the construction drawings as being accurate reflections of the WORKS. The EMPLOYER is obliged to sign off the said construction drawings within 3 (three) BUSINESS DAYS of being called upon by the CONTRACTOR to do so, failing which the construction drawings will be deemed to have been accepted by the EMPLOYER and the CONTRACTOR shall proceed with the submission thereof to the municipality. Upon signature of the construction drawings by the EMPLOYER, such drawings will constitute the PLAN for the purposes of this AGREEMENT in substitution for the drawing contained in the annexures, and in the unlikely event of any differences between any of the annexures and the substituted PLAN, the substituted PLAN will prevail. 6.2 If In rare instances where it is deemed necessary, the CONTRACTOR shall be entitled reserves the right to amend make adjustments or substitute substitutions to materials or equipment as per outlined in Annexure B2. Any such changes will be made with utmost consideration for maintaining or even enhancing the quality of the original materials or equipment. Throughout this process, without reference the purchaser will be promptly informed of any alterations. By agreeing to the EMPLOYERthis provision, with replacement materials and the EMPLOYER shall have no claim against acknowledges and accepts that, should substitutions be necessary, the CONTRACTOR cannot be held responsible for thisany claims or damages arising from such adjustments or substitutions.". 6.3 Notwithstanding clause 6.1 above, in the event that there is a discrepancy between the FINISHING SCHEDULE and the specifications of the substituted PLAN and/or drawings contained in the annexures, the FINISHING SCHEDULE specifications will prevail, subject to substitution and/or amendment of such specifications by the CONTRACTOR, as envisioned in clause 6.2 above (please also refer to Annexure B2). 6.4 The EMPLOYER acknowledges that no amendments or CHANGES to the construction drawings will be allowed after signature of this AGREEMENT by the EMPLOYER. The EMPLOYER must select his choice of finishes where the FINISHING SCHEDULE provides for choices, provided that such items will be supplied by the developer’s preferred supplier, within 10 (ten) DAYS of being requested to do so by the CONTRACTOR. In the event that the EMPLOYER fails to select his choice of finishes within the aforesaid timeframe, the CONTRACTOR shall be entitled to proceed with the WORKS in accordance with the standard specifications contained in the FINISHING SCHEDULE. Where choices are allowed in terms Redwood Estate Stellenbosch (PTY) LTD Reg no.: 2021/651004/07 Physical Address 3rd Floor, Madison Square, Postal Address PO Box 3667, 6.5 It is the intention of the CONTRACTOR to construct the WORKS materially in accordance with the PLAN and FINISHING SCHEDULE. However, in the event of the CONTRACTOR having to make changes to the PLAN as a result of an engineering, architectural, statutory, regulatory or other requirement imposed by the local municipal authority or any other governing or regulatory bodies, the CONTRACTOR may reserves the right and will be entitled, in its discretion refuse any request discretion, to choose finishes redesign the PLAN and or layout thereof pursuant to a value greater than those values allowed for which event the EMPLOYER shall have no recourse to and/or against the CONTRACTOR. 6.6 The CONTRACTOR shall specifically be entitled to vary the levels of elevation as indicated in the FINISHING SCHEDULEPLAN, if in the CONTRACTOR’s discretion, such variance or change is necessary and/or pursuant to any requirement by the CONTRACTOR, in order to address and/or meet any technical, practical and/or legal issues pertaining to the WORKS, to which event the EMPLOYER shall have no recourse to and/or against the CONTRACTOR.

FINAL PLAN. 6.1 In the event 5.1 Prior to submission of any amendments and/or CHANGES made by the EMPLOYER to the construction drawings at the time of signature of this AGREEMENTfor municipal approval, the CONTRACTOR will prior to the submission thereof for municipal approval, notify arrange a meeting with the EMPLOYER so that the EMPLOYER may sign sign-off and approve the construction drawings as being accurate reflections of the WORKS. The EMPLOYER is obliged to sign off the said construction drawings within 3 (three) BUSINESS DAYS of being called upon by the CONTRACTOR to do so, failing which the construction drawings will be deemed to have been accepted by the EMPLOYER and the CONTRACTOR shall proceed with the submission thereof to the municipality. Upon signature of the construction drawings by the EMPLOYER, such drawings will constitute the PLAN for the purposes of this AGREEMENT in substitution for the drawing contained in the annexuresannexures to this AGREEMENT, and in the unlikely event of any differences between any of the annexures and the substituted PLAN, the substituted PLAN will prevail. 6.2 If necessary, 5.2 Subject to clause 5.3 and clause 15 below the CONTRACTOR shall be entitled to amend or substitute materials or equipment as per Annexure B2, without reference to the EMPLOYER, with replacement materials and the EMPLOYER shall have no claim against the CONTRACTOR for this. 6.3 Notwithstanding clause 6.1 above, in the event that there is a discrepancy between the FINISHING SCHEDULE and the specifications of the substituted PLAN and/or drawings contained in the annexures, the FINISHING SCHEDULE specifications will prevail, subject to substitution and/or amendment of such specifications by the CONTRACTOR, as envisioned in clause 6.2 above (please also refer to Annexure B2). 6.4 The EMPLOYER acknowledges that no further amendments or CHANGES to the construction drawings changes will be allowed after signature of this AGREEMENT the construction drawings have been signed off by the EMPLOYER. The However, the EMPLOYER must may select his choice of finishes where the FINISHING SCHEDULE provides for choices, provided that such items will be supplied by the developerCONTRACTORS’s preferred supplier, within 10 (ten) DAYS of being requested to do so by the CONTRACTOR. In the event that the EMPLOYER fails to select his choice of finishes within the aforesaid timeframe, the CONTRACTOR shall be entitled to proceed with the WORKS in accordance with the standard specifications contained in the FINISHING SCHEDULE. Where choices are allowed in terms of the FINISHING SCHEDULE, the CONTRACTOR may in its discretion refuse any request to choose finishes to a value greater than those values allowed for in the FINISHING SCHEDULE. 5.3 In the event that the CONTRACTOR and the EMPLOYER agree in writing to CHANGES, the full cost of the said CHANGES will be supplied by the CONTRACTOR in a quotation to the EMPLOYER for acceptance. Once accepted by the EMPLOYER, the CONTRACTOR will invoice the EMPLOYER, for which payment is to be made in full and received by the CONTRACTOR within 2 (two) days, before the CONTRACTOR will commence with such CHANGES .Should payment not be received by the CONTRACTOR within the above 2 (two) days, the CONTRACTOR will continue construction as per the original AGREEMENT and the amendment of the AGREEMENT as to any CHANGES will lapse and be of no force or effect.

FINAL PLAN. 6.1 In the event of any amendments and/or CHANGES made by the EMPLOYER to the construction drawings at the time of signature of this AGREEMENT, the CONTRACTOR will prior to the submission thereof for municipal approval, notify the EMPLOYER so that the EMPLOYER may sign off the construction drawings as being accurate reflections of the WORKS. The EMPLOYER is obliged to sign off the said construction drawings within 3 (three) BUSINESS DAYS of being called upon by the CONTRACTOR to do so, failing which the construction drawings will be deemed to have been accepted by the EMPLOYER and the CONTRACTOR shall proceed with the submission thereof to the municipality. Upon signature of the construction drawings by the EMPLOYER, such drawings will constitute the PLAN for the purposes of this AGREEMENT in substitution for the drawing contained in the annexures, and in the unlikely event of any differences between any of the annexures and the substituted PLAN, the substituted PLAN will prevail. 6.2 If necessary, the CONTRACTOR shall be entitled to amend or substitute materials or equipment as per Annexure B2, without reference to the EMPLOYER, with replacement materials and the EMPLOYER shall have no claim against the CONTRACTOR for this. 6.3 Notwithstanding clause 6.1 above, in the event that there is a discrepancy between the FINISHING SCHEDULE and the specifications of the substituted PLAN and/or drawings contained in the annexures, the FINISHING SCHEDULE specifications will prevail, subject to substitution and/or amendment of such specifications by the CONTRACTOR, as envisioned in clause 6.2 above (please also refer to Annexure B2). 6.4 The EMPLOYER acknowledges that no amendments or CHANGES to the construction drawings will be allowed after signature of this AGREEMENT by the EMPLOYER. The EMPLOYER must select his choice of finishes where the FINISHING SCHEDULE provides for choices, provided that such items will be supplied by the developer’s preferred supplier, within 10 (ten) DAYS of being requested to do so by the CONTRACTOR. In the event that the EMPLOYER fails to select his choice of finishes within the aforesaid timeframe, the CONTRACTOR shall be entitled to proceed with the WORKS in accordance with the standard specifications contained in the FINISHING SCHEDULE. Where choices are allowed in terms of the FINISHING SCHEDULE, the CONTRACTOR may in its discretion refuse any request to choose finishes to a value greater than those values allowed for in the FINISHING SCHEDULE. 6.3 It is the intention of the CONTRACTOR to construct the WORKS materially in accordance with the PLAN and FINISHING SCHEDULE. However, in the event of the CONTRACTOR having to make changes to the PLAN as a result of an engineering, architectural, statutory, regulatory or other requirement imposed by the local authority or any other governing or regulatory bodies, the CONTRACTOR reserves the right and will be entitled, in its discretion, to redesign the PLAN and or layout thereof pursuant to which event the EMPLOYER shall have no recourse to and/or against the CONTRACTOR. 6.4 The CONTRACTOR shall specifically be entitled to vary the levels of elevation as indicated in the PLAN, if in the CONTRACTOR’s discretion, such variance or change is necessary and/or pursuant to any requirement by the CONTRACTOR, in order to address and/or meet any technical, practical and/or legal issues pertaining to the WORKS, to which event the EMPLOYER shall have no recourse to and/or against the CONTRACTOR.