Common use of PHASE DEVELOPMENT Clause in Contracts

PHASE DEVELOPMENT. 13.1 This entire agreement shall be conditional upon the successful opening and registration of the Sectional Title Register and/or the registration of the extension of the scheme for the specific phase relating to the Land and the procurement of a Certificate of Registered Sectional Title for the Land and Buildings at the cost of the Developer. Should the Developer be unable to procure fulfilment of this condition for any reason whatsoever, the Developer shall be entitled to cancel this agreement by notice in writing to the Purchaser. No liability or claims for damages or compensation, in the event of the scheme being cancelled, can be instituted against the Developer. 13.2 The Purchaser acknowledges that:- 13.2.1 he is aware of the fact that the Property will form part of a sectional title scheme of which the Buildings are not yet complete and of which the register and/or the extension of the scheme for the particular phase which incorporates the Property, has still to be opened. The agreement is therefore subject to the opening of a sectional title register in phases in the Deeds Office whereby the Property shall come into existence; 13.2.2 the Developer has reserved a real right of extension of the scheme in terms of Section 25 of the Act and the Purchaser hereby grants consent thereto as far as needs be. This real right of extension will entitle the Developer to erect further units on the land that will form part of the common property; 13.2.3 the register and/or extension of the scheme will be registered as soon as is reasonably possible and transfer of the Property shall take place simultaneously with or after the opening of the register and/or extension of the particular phase; 13.2.4 it remains the Developer’s sole and exclusive prerogative to proceed with the development of the sectional scheme and construction of the Property. In the event of the Developer electing not to proceed with the development of the sectional scheme and/or construction of the Property for any reason whatsoever, this agreement shall lapse and the Purchaser shall be refunded any amounts paid by the Purchaser on account of the Purchase price. This provision is accepted by the Purchaser as being reasonable; 13.2.5 no liability or claims for damages or compensation, in the event of the scheme being cancelled, can be instituted against the Developer; 13.2.6 the Developer shall be entitled to impose conditions in respect of the Scheme as contemplated in terms of Section 11(2) of the Act. The Purchaser shall be obliged to accept transfer of the Property subject to such conditions as may be imposed by the Developer; 13.2.7 The Purchaser acknowledges that construction work in and about the scheme may still be in progress when the Purchaser occupies the Property, in which event the Purchaser shall have no recourse against the Seller or the Agent relating to any nuisance or disturbance arising from such construction.

PHASE DEVELOPMENT. 13.1 This entire agreement shall be conditional upon the successful opening and registration of the Sectional Title Register and/or the registration of the extension of the scheme for the specific phase relating to the Land and the procurement of a Certificate of Registered Sectional Title for the Land and Buildings at the cost of the DeveloperSeller. Should the Developer Seller be unable to procure fulfilment of this condition for any reason whatsoever, the Developer Seller shall be entitled to cancel this agreement by notice in writing to the Purchaser. No liability or claims for damages or compensation, in the event of the scheme being cancelled, can be instituted against the DeveloperSeller. 13.2 The Purchaser acknowledges that:- 13.2.1 he is aware of the fact that the Property will form part of a sectional title scheme of which the Buildings are not yet complete and of which the register and/or the extension of the scheme for the particular phase which incorporates the Property, has still to be opened. The agreement is therefore subject to the opening of a sectional title register in phases in the Deeds Office whereby the Property shall come into existence; 13.2.2 the Developer Seller has reserved a real right of extension of the scheme in terms of Section 25 of the Act and the Purchaser hereby grants consent thereto as far as needs be. This real right of extension will entitle the Developer Seller to erect further units on the land that will form part of the common property; 13.2.3 the register and/or extension of the scheme will be registered as soon as is reasonably possible and transfer of the Property shall take place simultaneously with or after the opening of the register and/or extension of the particular phase; 13.2.4 it remains the DeveloperSeller’s sole and exclusive prerogative to proceed with the development of the sectional scheme and construction of the Property. In the event of the Developer Seller electing not to proceed with the development of the sectional scheme and/or construction of the Property for any reason whatsoever, this agreement shall lapse and the Purchaser shall be refunded any amounts paid by the Purchaser on account of the Purchase price. This provision is accepted by the Purchaser as being reasonable; 13.2.5 no liability or claims for damages or compensation, in the event of the scheme being cancelled, can be instituted against the DeveloperSeller; 13.2.6 the Developer Seller shall be entitled to impose conditions in respect of the Scheme as contemplated in terms of Section 11(2) of the Act. The Purchaser shall be obliged to accept transfer of the Property subject to such conditions as may be imposed by the DeveloperSeller; 13.2.7 The Purchaser acknowledges that construction work in and about the scheme may still be in progress when the Purchaser occupies the Property, in which event the Purchaser shall have no recourse against the Seller or the Agent relating to any nuisance or disturbance arising from such construction.

PHASE DEVELOPMENT. 13.1 1. This entire agreement shall be conditional upon the successful opening and registration of the Sectional Title Register and/or the registration of the extension of the scheme for the specific phase relating to the Land and the procurement of a Certificate of Registered Sectional Title for the Land and Buildings at the cost of the Developer. Should the Developer be unable to procure fulfilment of this condition for any reason whatsoever, the Developer shall be entitled to cancel this agreement by notice in writing to the Purchaser. No liability or claims for damages or compensation, in the event of the scheme being cancelled, can be instituted against the Developer. 13.2 2. The Purchaser acknowledges that:- 13.2.1 he is aware of the fact that the Property will form part of a sectional title scheme of which the Buildings are not yet complete and of which the register and/or the extension of the scheme for the particular phase which incorporates the Property, has still to be opened. The agreement is therefore subject to the opening of a sectional title register in phases in the Deeds Office whereby the Property shall come into existence; 13.2.2 the Developer has reserved a real right of extension of the scheme in terms of Section 25 of the Act and the Purchaser hereby grants consent thereto as far as needs be. This real right of extension will entitle the Developer to erect further units on the land that will form part of the common property; 13.2.3 the register and/or extension of the scheme will be registered as soon as is reasonably possible and transfer of the Property shall take place simultaneously with or after the opening of the register and/or extension of the particular phase; 13.2.4 it remains the Developer’s sole and exclusive prerogative to proceed with the development of the sectional scheme and construction of the Property. In the event of the Developer electing not to proceed with the development of the sectional scheme and/or construction of the Property for any reason whatsoever, this agreement shall lapse and the Purchaser shall be refunded any amounts paid by the Purchaser on account of the Purchase price. This provision is accepted by the Purchaser as being reasonable; 13.2.5 no liability or claims for damages or compensation, in the event of the scheme being cancelled, can be instituted against the Developer; 13.2.6 the Developer shall be entitled to impose conditions in respect of the Scheme as contemplated in terms of Section 11(2) of the Act. The Purchaser shall be obliged to accept transfer of the Property subject to such conditions as may be imposed by the Developer; 13.2.7 The Purchaser acknowledges that construction work in and about the scheme may still be in progress when the Purchaser occupies the Property, in which event the Purchaser shall have no recourse against the Seller or the Agent relating to any nuisance or disturbance arising from such construction.

PHASE DEVELOPMENT. 13.1 10.1 This entire agreement shall be conditional upon the successful opening and registration of the Sectional Title Register and/or the registration of the extension of the scheme for the specific phase relating to the Land and the procurement of a Certificate of Registered Sectional Title for the Land and Buildings at the cost of the Developer. Should the Developer be unable to procure fulfilment of this condition for any reason whatsoever, the Developer shall be entitled to cancel this agreement by notice in writing to the Purchaser. No liability or claims for damages or compensation, in the event of the scheme being cancelled, can be instituted against the Developer. 13.2 10.2 The Purchaser acknowledges that:- 13.2.1 10.2.1 he is aware of the fact that the Property will form part of a sectional title scheme of which the Buildings are not yet complete and of which the register and/or the extension of the scheme for the particular phase which with incorporates the Property, has still to be opened. The agreement is therefore subject to the opening of a sectional title register in phases in the Deeds Office whereby the Property shall come into existence; 13.2.2 10.2.2 the Developer has reserved a real right of extension of the scheme in terms of Section 25 of the Act STA and the Purchaser hereby grants consent thereto as far as needs be. This real right of extension will entitle the Developer to erect further units on the land that will form part of the common property; 13.2.3 10.2.3 the register and/or extension of the scheme will be registered as soon as is reasonably possible and transfer of the Property shall take place simultaneously with or after the opening of the register and/or extension of the particular phase; 13.2.4 10.2.4 it remains the Developer’s sole and exclusive prerogative to proceed with the development of the sectional scheme and construction of the Property. In the event of the Developer electing not to proceed with the development of the sectional scheme and/or construction of the Property for any reason whatsoever, this agreement shall lapse and the Purchaser shall be refunded any amounts paid by the Purchaser on account of the Purchase priceprice together with any interest accrued thereon. This provision is accepted by the Purchaser as being reasonable; 13.2.5 10.2.5 no liability or claims for damages or compensation, in the event of the scheme being cancelled, can be instituted against the Developer; 13.2.6 10.2.6 the Developer shall be entitled to impose conditions in respect of the Scheme as contemplated in terms of Section 11(2) of the ActSTA. The Purchaser shall be obliged to accept transfer of the Property subject to such conditions as may be imposed by the Developer; 13.2.7 The Purchaser acknowledges that construction work in and about the scheme may still be in progress when the Purchaser occupies the Property, in which event the Purchaser shall have no recourse against the Seller or the Agent relating to any nuisance or disturbance arising from such construction.

PHASE DEVELOPMENT. 13.1 This entire agreement shall be conditional upon the successful opening and registration of the Sectional Title Register and/or the registration of the extension of the scheme for the specific phase relating to the Land and the procurement of a Certificate of Registered Sectional Title for the Land and Buildings at the cost of the Developer. Should the Developer be unable to procure fulfilment of this condition for any reason whatsoever, the Developer shall be entitled to cancel this agreement by notice in writing to the Purchaser. No liability or claims for damages or compensation, in the event of the scheme being cancelled, can be instituted against the Developer. 13.2 The Purchaser acknowledges that:- 13.2.1 he is aware of the fact that the Property will form part of a sectional title scheme of which the Buildings are not yet complete and of which the register and/or the extension of the scheme for the particular phase which with incorporates the Property, has still to be opened. The agreement is therefore subject to the opening of a sectional title register in phases in the Deeds Office whereby the Property shall come into existence; 13.2.2 the Developer has reserved a real right of extension of the scheme in terms of Section 25 of the Act and the Purchaser hereby grants consent thereto as far as needs be. This real right of extension will entitle the Developer to erect further units on the land that will form part of the common property; 13.2.3 the register and/or extension of the scheme will be registered as soon as is reasonably possible and transfer of the Property shall take place simultaneously with or after the opening of the register and/or extension of the particular phase; 13.2.4 it remains the Developer’s sole and exclusive prerogative to proceed with the development of the sectional scheme and construction of the Property. In the event of the Developer electing not to proceed with the development of the sectional scheme and/or construction of the Property for any reason whatsoever, this agreement shall lapse and the Purchaser shall be refunded any amounts paid by the Purchaser on account of the Purchase price. This provision is accepted by the Purchaser as being reasonable; 13.2.5 no liability or claims for damages or compensation, in the event of the scheme being cancelled, can be instituted against the Developer; 13.2.6 the Developer shall be entitled to impose conditions in respect of the Scheme as contemplated in terms of Section 11(2) of the Act. The Purchaser shall be obliged to accept transfer of the Property subject to such conditions as may be imposed by the Developer; 13.2.7 The Purchaser acknowledges that construction work in and about the scheme may still be in progress when the Purchaser occupies the Property, in which event the Purchaser shall have no recourse against the Seller or the Agent relating to any nuisance or disturbance arising from such construction.