V4

SERVICED OFFICE LEASE AGREEMENT

The Lessor hereby lets to the Lessee, who hereby hires from the Lessor, the Leased Premises in accordance with the
particulars contained in the Schedule and the terms and conditions set out in the annexures attached hereto. The Schedule
and annexures shall form part of this Lease, as if specifically incorporated herein.
‘SCHEDULE’
Lessor: Lessee:
Bright Ally Investments (Pty) Ltd & Hatvest (RF) (Pty) Ltd Excellentia Training Solutions (Pty) Ltd
(Registration No: 2014/014549/07 & 2017/288941/07) trading as Excellentia Training Solutions
(VAT No: 4800281463) Registration Number:
C/O One Property Holdings, Jupiter House West, 42 Homestead Road, 2012/168227/07
Edenburg, Rivonia, Sandton 2191 VAT Number: 4960289744
Email: viaan@oneholdings.co.za Domicilium citandi et executand Email:
ezingwevu@excellentiasolutions.co.za

Leased Premises Unit MSO416 Property:

(as identified or on annexed plan) MindSpace@ Hatfield Mall,

measuring approximately 25 m² Hatfield Mall Erf 729, Hatfield, Gauteng

Parking to be arranged with service provider on a case by case basis.

1122 Burnett Street, Hatfield, Pretoria

Lease Period : From 01 February 2024 (being the Commencement Date) to 31 January 2025
Total Monthly Basic Rental: Total Monthly Utilities: Deposit/bank guarantee:
R 3 375,00 R 500,00 R 8 913,00
Escalating annually by 8 % Escalating annually by 8 % .

*This is an all-inclusive amount which amount includes
but is not limited to basic rental for the premises,
operating costs, servicing charges, assessment rates
and taxes charges, refuse and CID levies where
applicable.
Use of Leased Premises:
*This is an all-inclusive utilities charge which amount
includes charges levied in respect of electricity, water
and sewerage.
**This amount may be subject to adjustment at the
Lessor’s sole discretion
Annexures to this Agreement of Lease:
Contract administration costs:

The premises shall be used as an administration office A - Plan of Leased Premises;

R 500.00 (excluding VAT)
and for no other purpose whatsoever B1 & B2 - Resolutions;
Sureties (full names and identity numbers of sureties): D1 – Deed of Surety (if any);

F – Management Rules;

Elton Zingwevu (Identity No. 8008106339182) H – Special Conditions (if any)

N – Mandatory Disclosure Form

P – POPI Privacy Notice

___________________________________________ _____________________________________________
LESSOR SIGNATURE (For and on behalf of the Lessor who LESSEE'S SIGNATURE (For and on behalf of the Lessee who warrants that
warrants that he/she is duly authorised thereto) he/she is duly authorised thereto)

Full names of signatory ____________________________ Full names of signatory Elton Zingwevu

____________________________

ID no. of signatory
____________________________
ID no. of signatory 8008106339182
____________________________

Date of signature ____________________________ Date of signature 25/01/2024

____________________________
Place of signature ____________________________ Place of signature ____________________________

INITIAL HERE
V6
1. DEFINITIONS:
1.1. In this Agreement of Lease, unless the context otherwise requires,
the expressions defined below shall bear the meanings set out
hereunder:
1.1.1. “Agreement/ Agreement of Lease/ Lease Agreement or Lease”
means this agreement together with all schedules, annexures and
appendices hereto;
1.1.2. “the Building” means the Building on the Property in which the
Leased Premises is situated, including any extensions or
improvements thereon from time to time;
1.1.3. “Commencement Date” means the date as recorded in the Schedule
upon which, in the reasonable opinion of the Lessor, the Lease will
commence or such other date as may be determined in terms of
clause 3.2;
1.1.4. “Common Area” means all staircases, stairwells, gardens, parking
areas, ramps, entrance ways, kitchens and hallways and toilets not
specifically set aside for the Lessee’s exclusive use and all areas
which are not in the opinion of the Lessor to be designated as
rentable areas but which excludes the Shared Space and which is
more fully identified on Annexure A attached hereto;
1.1.5. “Lessor” means the Lessor identified on the Schedule hereof,;
1.1.6. “Leased Premises” means the area let in terms of this Lease and as
described in the Schedule together with any areas in respect of which
the Lessee has exclusive use as more fully identified in red in
Annexure A attached hereto;
1.1.7. “Measurement Method” means the latest South African Property
Owners Association (“SAPOA”) method of measuring floor areas in
commercial, industrial or retail buildings, as the case may be;
1.1.8. “Parties” means the Lessor and the Lessee and “Party” means either
one of them;
1.1.9. “the Property” means the Property upon which the Building is
situated as described in the Schedule hereto;
1.1.10. “Shared Space” shall mean the shared area/space specifically made
available to certain Lessee’s in terms of this type of lease agreement
and which is more fully depicted in Annexure A attached hereto, but
which space is specifically excluded from the Leased Premises and
as more fully dealt with in clause 7;
1.1.11. “the Lessee” includes its principals, directors, employees, licensees,
contractors, agents, invitees and any other similar category of
persons;
1.1.12. “Total Monthly Rental” means an all-inclusive amount including but
not limited to the Lessee’s basic rental in respect of the Leased
Premises, rates and taxes, (to the extent applicable), costs
associated with the use and enjoyment of the Shared Space, the
monthly parking rental, (to the extent applicable), refuse and
maintenance charges in respect of the air-conditioning units in the
Leased Premises (if any) and any other monthly charges set out in
the Schedule hereto or contemplated in this Agreement;
1.1.13. Total Monthly Utilities” means an all-inclusive amount levied by the
Lessor in respect of all utilities consumption charges including
electricity, water and sewerage;
1.1.14. “Total Monthly Charges” means the charges levied by the Lessor in
respect of both clauses 1.1.12 and clause 1.1.13 above;
1.1.15. “VAT” means value added tax payable in terms of the VAT Act; and
1.1.16. VAT Act” means Value Added Tax Act, 89 of 1991, as amended;
1.2. Reference to the masculine gender shall include the feminine gender
and vice versa.
1.3. The singular shall include the plural and vice versa.
1.4. Natural persons shall include created entities (corporate or
unincorporated).
1.5. The headings in this Agreement are for the sake of convenience and
shall not govern the interpretation thereof.
1.6. All expressions contained in the body of this Agreement shall have
the same meaning in all the schedules and/or annexures attached
hereto from time to time.
1.7. Each provision of this Agreement (excluding only those provisions
which are essential at law for a valid and binding Agreement to be
constituted) shall be deemed to be separate and severable from the
remaining provisions of the Agreement. If any provision of this
Agreement (excluding only those provisions which are essential at
law for a valid and binding Agreement to be constituted) is found by
any court of competent jurisdiction to be invalid and/or unenforceable
then, notwithstanding such invalidity and unenforceability, the
remaining provisions of this Agreement shall be and remain of full
force and effect.
1.8. The rule of construction that this Agreement shall be interpreted
against the Party responsible for the drafting or preparation of this
Agreement, shall not apply.
1.9. The words “include” or “including” do not imply any 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.
1.10. 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.
1.11. This Agreement may be entered into any number of counterparts,
each of which when executed and delivered to the Lessor (whether
in original form, copy or electronically submitted) shall constitute one
instrument.
1.12. Reference to "days" shall be construed as calendar days unless
qualified by the word "business", in which instance a "business day"
shall be any day other than a Saturday, Sunday or official public holiday
as gazetted by the government of the Republic of South Africa from time
to time.
1.13. Reference to a “calendar month”’ means a month of the calendar,
that is, one of the 12 (twelve) months of the calendar.
1.14. 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
Saturday, Sunday or public holiday, the next succeeding business
day.
1.15. The interpretation and enforcement of this Lease shall at all times be
governed by the laws of the Republic of South Africa.
1.16. 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. COMMENCEMENT OF LEASE:
2.1. The Lessee shall be entitled to obtain access and thereby the full use
and enjoyment of the Leased Premises on the Commencement Date.
2.2. Unless postponed by the Lessor, in writing, the Commencement Date
of this Lease shall be the date stipulated in the Schedule.
2.3. In the event that the Leased Premises is not ready for occupation due
to any act or omission by the Lessee, the Lease shall commence on
the Commencement Date regardless of when the Lessee actually
takes occupation of the Leased Premises.
2.4. The Lessee shall have no claim for cancellation, or otherwise should
the Premises be unavailable on the Commencement Date. The
parties agree that any delay to the Commencement Date shall be
adjusted by any such delay save that where such delay is 6 (six)
months or more, the Lessee shall be entitled to terminate this
Agreement at its sole discretion.
3. PAYMENT:
3.1. The Total Monthly Charges are payable monthly in advance to the
Lessor, on the first day of every month, free of exchange and without
deduction or set-off.
3.2. The Total Monthly Charges shall be payable from the
Commencement Date. In the event that the aforesaid date does not
fall upon the first day of the month, the Lessee shall be liable to pay
a pro rata share of the Total Monthly Charges calculated at a daily
rate from the Commencement Date to the last day of the month in
which the Commencement Date is.
3.3. With effect from the anniversary of the Commencement Date of each
subsequent year during the subsistence of this Lease, the Total
Monthly Charges shall escalate as set out in the Schedule hereto.
3.4. The Lessee may not withhold the payment of the Total Monthly
Charges and any other amounts for any reason whatsoever.
3.5. The Total Monthly Charges and any other amounts payable to the
Lessor by the Lessee under the operation of this Agreement of Lease
as well as the annexures hereto are exclusive of VAT. VAT shall be
added to the Total Monthly Charges and other amounts payable
herein by the Lessee to the Lessor at the prevailing rate applicable
from time to time. Where there is any change in the VAT rate
applicable from time to time, the Lessee’s billing shall be adjusted
accordingly.
3.6. The Lessor shall be entitled in its sole and absolute discretion to
appropriate any amounts received from the Lessee towards the
payment of any debt or amount owing by the Lessee to the Lessor
irrespective of when the debt arose.
3.7. The Lessor shall be entitled to, at its sole discretion, adjust the Total
Monthly Utilities charges at any point during the subsistence of this
Lease on 1 (one) months written notice to the Lessee.
3.8. Should the Lessee fail to negotiate a renewal with the Lessor prior to
the expiry of the Lease Period (or any previous Renewal Period
already exercised) and continue to occupy the Leased Premises after
expiry of the Lease Period, then, without prejudice to any of its other
rights in terms of this agreement or at law, the Lessee will be liable
for monthly basic rental equal to the basic rental payable during the
INITIAL HERE
V6
last month of the Lease Period (or Renewal Period, if applicable)
escalated at 15% (fifteen per centum), payable with effect from the
first day following the expiry of the Lease Period (or Renewal Period, 7.8.
if applicable). Such basic rental will continue to escalate at such 15%
(fifteen per centum) on each anniversary of the last day of theLeasel
Period (or Renewal Period, if applicable).
4. LATE PAYMENTS:
4.1. If the Lessee fails to pay its Total Monthly Charges or any other
charges on due date, the Lessor shall charge the Lessee and the
Lessee shall pay on demand interest on overdue sums at the rate of
the publicly quoted basic prime rate of interest at which First National
Bank will lend funds on overdraft plus 2% compounded, per annum
or part thereof. A certificate under the hand of a General Manager of
such bank, whose appointment it will not be necessary to prove, shall
constitute prima facie proof of the prime rate from time to time.
4.2. Should the Lessee continuously pay after the due date any amount
due in terms of this Lease Agreement, then the Lessor has the right
to list the Lessee as a late payer with any of the Credit Bureaus.
5. DEPOSIT
5.1. The Lessee shall, within 2 (two) days of signature hereof, pay to the
Lessor a deposit in the amount set out in the Schedule hereto. 8.3.
5.2. The Lessor shall have the right of applying the whole or a portion of
the deposit towards payment of the Total Monthly Charges or any
other liability of whatsoever nature for which the Lessee is
responsible including damages arising on cancellation. If any portion
of the deposit is so applied, the Lessee shall forthwith reinstate the
deposit to its original amount. 9.
5.3. The deposit (or balance thereof) shall be refunded to the Lessee as 9.1.
soon as practically possible after the Lessee has discharged all its
obligations imposed upon it in terms of this Agreement.
6. CONDITION & USE OF LEASED PREMISES:
6.1. The Lessee shall be required to notify the Lessor in writing within 14
(fourteen) days after the Commencement Date, whether the
Premises has any defects, failing which the Lessee will be deemed
to have accepted the Leased Premises as being complete and
without any defects therein.
6.2. The Leased Premises shall only be used for administrative office
purposes. As such, the Lessee shall not do or permit or cause
anything to be done which, in the opinion of the Lessor, constitutes a
nuisance or may cause inconvenience to the Lessor or other Lessees
in or visitors to the Property or which may detract from the general
neat appearance of the Property and/or the Building or which is not
suitable for the Leased Premises or which may in any way interfere
with the occupants of other leased premises in the Building or
persons using or visiting the Building, or with the enjoyment or the
occupational use thereof and it shall not bring into or place any safe
or other article in the Leased Premises or in any part thereof which
exceeds the permissible floor loading of the Leased Premises.
6.3. Windows/Glass panes shall at all times be transparent and all
decorations and/or advertisements affixed thereto shall require the
Lessor's written approval, which approval shall not be unreasonably
withheld. Such advertisements will be removed by the Lessee upon
termination of this Agreement at the Lessee’s sole cost.
7. SHARED SPACE & SERVICING:
7.1. The Lessor has constructed and developed the Shared Space which
includes inter alia, boardrooms, kitchen area, corridors and reception
areas which areas do not form part of the Leased Premises.
7.2. The Lessee shall be entitled to the reasonable use and enjoyment
of the Shared Space at all times subject to adherence with the
management rules prescribed from time to time.
7.3. Any kitchen area forming part of the Shared Space in terms hereof
shall contain, inter alia, items as set out in the Management Rules
attached hereto, which items right and title in and to same shall vest
solely with the Lessor.
7.4. Any breakages/damage caused to any item including but not limited
to that identified in clause 7.2 above shall be recovered from the
Lessee directly. The Lessor shall insure all items, assets, fixtures,
fitting, equipment owned by it and placed in the Shared Space.
7.5. The Lessor shall not be responsible for the supply of tea, coffee, milk
and other general consumables which items shall be the sole
responsibility of the Lessee.
7.6. The Lessor will be obligated to ensure that there is a dedicated
cleaning service in respect of the Shared Space.
7.7. The Lessor may at its sole discretion place television set/screens in
all or some of the boardrooms as well as provide infrastructure 11.
associated with such items to allow for wireless/network connectivity.
It being agreed that the Lessor reserves the right to remove such
items/infrastructure at its sole discretion.
The Lessor shall ensure that the Leased Premises and Shared
Space are fitted out with Fibre infrastructure, however, the Lessee
shall be solely responsible for obtaining its own Fibre/other internet
service provider and the Lessor shall not in any way be obligated to
assist, aid in or otherwise facilitate internet access to the Lessee
other than as is provided for in terms hereof.
7.9. The Lessor reserves the right to, at its sole discretion, remove any
assets/property owned by it which may be situated in the Shared
Space which assets have been damaged, abused or otherwise
neglected by any of the Lessee(s).
8. ALTERATIONS:
8.1. The Lessee may not effect any improvements, alterations or
additions to the Leased Premises including, but not limited to, the air-
conditioning units or the relocation thereof, without the prior written
consent of the Lessor.
8.2. The Lessee hereby waives any enrichment lien that it may have
arising from any improvements of whatsoever nature effected by the
Lessee to the Leased Premises throughout the duration of this
Agreement and/or any renewal or extension thereof.
The Lessee shall not have any claim of whatsoever nature against
the Lessor in respect of any improvements, alterations or additions
of whatsoever nature effected by the Lessee to the Leased Premises
throughout the duration of this Agreement and any renewal or
extension thereof.
SALE OF PROPERTY & TRANSFER OF RIGHTS:
Should the Lessor sell or otherwise dispose of the Property or cede or
assign its rights or delegate its obligations in respect thereof to a third
party/ies at any time during the currency of this Lease or any renewal
thereof, the Lessee undertakes to hold itself bound by the terms of this
Lease to such third party as the new Lessor, and this Lease shall
continue unchanged and of full force and effect as fully as though the
Lessor had remained unchanged.
9.2. The Lessee may not without the prior written consent of the Lessor,
which consent may not unreasonably be withheld, sublet the Leased
Premises or allow anyone else to occupy the Leased Premises.
10. MAINTENANCE & REPAIRS:
10.1. The Lessee shall:
10.1.1. keep the Leased Premises, including the interior and exterior of all
windows and all its contents clean, tidy and in good order, condition
and repair;
10.1.2. be responsible for the maintenance and repair of all damage to the
interior of the Leased Premises and to the interior and exterior of all
doors, door frames and handles, shop-fronts and windows, window
frames and handles;
10.1.3. be responsible for any plate or other glass (both internal and external
glass) and window panels contained in the Leased Premises and
shall be obliged at its expense to replace any glass as may be
damaged;
10.1.4. provide its own security in respect of the Leased Premises. Security
and the control of access to the Leased Premises shall be the
responsibility of the Lessee at the cost of the Lessee;
10.1.5. not cause or permit any obstruction or blockage in sewerage pipes,
water pipes or drains serving the Leased Premises and/or the
Property, and in the event of there being any obstruction or blockage
shall pay to the Lessor, upon presentation of the Lessor’s invoice, the
cost in respect of the removal of such obstruction or blockage;
10.1.6. at its own cost repair, maintain and/or replace all mechanical
equipment, including but not limited to the electrical installation,
power supply and electrical systems (including but not limited to
electrical outlets, plugs and distribution boards installed in the Leased
Premises), alarm systems. The Lessee shall ensure that the
aforesaid mechanical equipment is kept in a good working order and
condition.
10.1.7. replace at its own cost all light fittings, fluorescent tubes, starters,
globes, ballasts, diffusers and incandescent lamps used in the
Leased Premises;
10.1.8. be liable for and shall forthwith repair all and any damage caused to
the Leased Premises;
10.1.9. be liable for and shall forthwith repair all and any damage caused by
the Lessee to the Shared Space, Common Area or any part of the
Common Area in the Building and/or Property;
10.1.10. shall be responsible for the pest control in the Leased Premises.
SECURITY:
In the event that the Lessor directly or indirectly provides any security
services or any security equipment in or around the Leased Premises
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and/or the Property then the Lessee agrees that the Lessor will not 15.2.
be responsible or liable for any acts or omissions of the person/s
and/or entity/ies carrying out such security services or for the failure
of any of the security equipment or in the event that the security
equipment is not in working order and the Lessee waives all and any
claims which it may have against the Lessor in respect of the security
services or provision of or operation or effectiveness of the security
equipment.
12. INTERUPTION OF USE:
The Lessee shall have no claim of whatever nature, whether for
remission of rent, inconvenience, financial loss or otherwise, by
reason of the Property and/or the Leased Premises falling into a state
of disrepair and/or by reason of the interruption of any services
(including but not limited to the supply of electricity, water, air-
conditioning and/or lifts) relating thereto, or by reason of any
maintenance, repair, renovation or rebuilding activities.
13. INSURANCE:
13.1. The Lessee shall not do or omit to do anything or allow anything to
be done which may constitute a contravention of the terms of any
insurance policy held from time to time by the Lessor in respect of
the Property or which may increase the insurance premiums of the
aforesaid policy. The Lessor's insurance policies are available for
inspection by the Lessee upon the written request of the Lessee and
the Lessee shall acquaint itself with the terms thereof. If any
insurance premiums payable by the Lessor are increased due to a
contravention of this clause by the Lessee, the Lessee shall be liable
for and shall on presentation of invoice pay to the Lessor the amount
of such increase.
13.2. Furthermore, the Lessee shall be obliged at its own cost to take out
and keep in force during this Lease and any renewal or extension
thereof, a public liability insurance policy for such amount as will
provide indemnity in respect of all claims which may foreseeably be
made against the Lessee arising out of its business in the Leased
Premises and its use of the Leased Premises and for the Lessee’s
signage in the building and/or on the Property. Should there be a
dispute between the parties as to the amount of the insurance or the
terms and conditions of the policy, such dispute shall be referred to
an independent auditor nominated by the Parties for a decision. The
auditor’s decision shall be final and binding on the parties. In addition
to the aforegoing, the Lessee shall produce proof to the Lessor of the
payment of the premiums as they fall due. Should the Lessee fail to
produce proof of payment as aforesaid, the Lessor shall be entitled,
but not obliged, without prejudice to its rights in and under this Lease,
to make payment of the premiums and to forthwith recover the
amount/s thereof from the Lessee.
13.3. Should the Lessee lock or block the fire escape doors in the Leased
Premises and/or Building and in so doing acts in contravention of the
Lessor’s insurance policy requirements then and in such event, the
Lessee hereby indemnifies the Lessor and holds the Lessor harmless
against all and any claims of whatsoever nature which may arise from
the Lessee’s conduct as aforesaid.
13.4. The Lessee shall (and shall bear all costs involved in doing so)
comply with all laws, by-laws and regulations relating to Lessees or
occupiers of businesses in leased premises or affecting the conduct
of any business carried on in the Leased Premises.
14. ACCESS:
14.1. The Lessor is entitled to reasonable access to the Leased Premises
for inspection, maintenance and repair. In the case of an emergency, 18.4. Notwithstanding anything to the contrary herein contained:-
the Lessor shall be entitled to immediate access to the Leased 18.4.1 a written notice or communication actually received by a party shall
Premises without the Lessee’s consent.
14.2. The Lessee shall have no claim of whatsoever nature, howsoever
caused and howsoever arising, against the Lessor for compensation,
damage or otherwise, by reason of any interference with its tenancy 18.4.2 any notice, acceptance, demand or other communication sent via
or its occupation of the Leased Premises occasioned by such access,
repairs or building works as are hereinbefore contemplated.
15. EXCLUSION FROM LIABILITY:
15.1. The Lessee shall have no claim or right of action of whatsoever 19.
nature against the Lessor for damages, loss or otherwise, nor shall it 19.1. The Lessee hereby agrees in terms of Section 45 of the Magistrates’
be entitled to withhold or defer payment of rent, nor shall the Lessee
be entitled to a remission of rent, by reason of an overflow of water
supply or fire or any leakage or any electrical fault or by reason of the
elements of the weather or by reason of the Leased Premises or any
other part of the Building or Property being in a defective condition or
falling into disrepair or any particular repairs not being effected by the
Lessor or by reason of there being any defect in the equipment of the
Lessor or as a result of any other cause whatsoever.
The Lessor shall not be responsible for any damages of whatsoever
nature, howsoever and whensoever arising, including, but not limited
to, loss of profits, consequential damages or any damage to stock-
in-trade, equipment, machines, raw materials, papers or other
articles kept in the Leased Premises (whether the property of the
Lessee or that of anyone else) caused by rain, hail, lightning or fire
or by reason of riot, strikes or State’s enemies or as a result of theft
or burglary, with or without forcible entry, or through any cause
whatsoever, nor shall the Lessor be responsible for any personal
injury which may be sustained in or about the Leased Premises or
the Property by any of the directors, servants, agents, customers or
invitees of the Lessee or any other person to whom such injury may
be caused, and the Lessee hereby indemnifies the Lessor against
any claim of whatsoever nature that may be made against the Lessor
by the Lessee in respect of personal injuries so sustained or in
respect of the loss of or any damage to anything contained in or
brought into the Leased Premises or on the Property.
16. COMPLIANCE WITH LEASE & MANAGEMENT RULES:
16.1. The Lessor may from time to time prescribe rules in accordance with
reasonable trade practice relating to the use or enjoyment of the
Property, the Leased Premises and Shared Space, including matters
relating to security, fire, safety, access, the use of any Common Area,
parking, the keeping and placing of heavy objects in the Leased
Premises, the use of air-conditioning and heating, and all matters
incidental thereto. The rules are available from the Lessor and the
Lessee shall acquaint himself and comply therewith.
16.2. The Lessee shall, as far as may be reasonably possible, ensure that
its employees and visitors observe and comply with the terms of this
Lease and of the management rules.
17. BREACH:
17.1. Should the Lessee fail to make any payment in terms of this Lease
Agreement by the due date for such payment, fail to take occupation
of the Leased Premises on the Commencement Date, breach any
other term of this Lease, conduct itself in such a way or consistently
breach this Lease Agreement so that the Lessee’s conduct is
inconsistent with the intention or ability to carry out the terms of this
Lease agreement, be placed in liquidation or under judicial
management, whether provisionally or finally, the Lessee, being a
natural person, dies or is sequestrated, whether provisionally or
finally then the Lessor shall be entitled but not obliged to:
17.1.1. enforce the provisions of this Lease and claim damages; and/or
17.1.2. forthwith cancel this Lease, resume possession of the Leased
Premises and claim the full value of all arrear amounts owing in terms
of this Lease together with the present value of each unpaid but not
yet due and payable Total Monthly Charges for the unexpired portion
of the Lease as pre-estimated liquidated damages.
18. SERVICE OF PROCESS:
18.1.The Lessee nominates the Leased Premises as its domicilium citandi
and any written communication or legal process may be sent to that
address. Any notice or legal process delivered to that address shall
be deemed to have been received by and come to the notice of the
Lessee on date of delivery thereof.
18.2. The Lessor's domicilium citandi shall be the address listed in the
Schedule to this Agreement.
18.3. Both parties shall be entitled to change the aforementioned
addresses provided written notice thereof is received by the other
party.
be an adequate written notice or communication to it notwithstanding
that it was not sent to or delivered at its chosen domicilium citandi et
executandi; and
electronic mail (“email”) to an email address mentioned in the
Schedule shall be deemed to be received on the 1st Business Day
following the date of sending thereof.
JURISDICTION & COSTS:
Courts Act No 32 of 1944 that the Lessor shall, at its option, be
entitled to institute any legal proceedings which may arise out of or
in connection with this Lease in any magistrate’s court having
jurisdiction in respect of such proceedings in terms of section 28 of
the Act, notwithstanding the fact that the value of the claim or the
matter in dispute might otherwise exceed the jurisdiction of such
magistrate’s court.
19.2. Should the Lessor institute action against the Lessee pursuant to a
breach of this Lease by the Lessee, then without prejudice to any
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rights which the Lessor may have, the Lessee shall pay for all legal
costs incurred by the Lessor including Attorney and Own Client 24.
charges, tracing fees, Counsel’s fees as per Counsel’s brief and such
collection commission as the Lessor is obliged to pay its attorneys.
20. TERMINATION:
20.1. The Lessee shall vacate the Leased Premises at the termination of
the Lease or any earlier termination thereof by the Lessor and shall
return the Leased Premises to the Lessor in the condition as elected
by the Lessor in terms of clause 20.2 hereunder:
20.2. Prior to the termination of this Lease, the Lessee shall at its cost
reinstate the Leased Premises. The Lessor shall have the right in its
sole and absolute discretion to require the Lessee to either:
20.2.1. reinstate the Leased Premises to the same good order and condition
as the Leased Premises were received by the Lessee in terms of this
Agreement of Lease. The Lessor shall have the right to take
photographs in order to assist the Lessor in the determination of the 25.
condition of the Leased Premises at the Commencement Date of this
Lease; or
20.2.2. Return the Leased Premises to the Lessor without removing any
refurbishments and/or alterations undertaken by either the Lessor or
the Lessee, as the case may be.
20.3. The Lessor shall be entitled to terminate this Lease on the giving to
the Lessee of 6 (six) months prior written notice of termination should
the Lessor wish to re-develop and/or re-construct and/or upgrade/
and/or renovate the Building and/or the Property and/or to effect
substantial and major alterations and additions to the Building and/or
the Leased Premises
21. PARKING:
21.1. The Lessor, its agent and its employees do not accept or take any
responsibility for the safe custody of any vehicle or any articles
therein, nor for any damage to vehicles or articles however caused,
nor for any injuries, death or loss to any persons as a result of the
negligence of the Lessor's employees or agents or from any other
cause whatsoever. All vehicles are parked at the risk of the Lessee
and the Lessee acknowledges that the driver of any vehicle parked
in the parking area enters the parking area at its own risk. The
Lessee accordingly indemnifies the Lessor against any loss or
damage of whatsoever nature and howsoever caused to the Lessee
in the parking area.
21.2. The Lessee acknowledges and agrees that the Lessor utilises a third
party service provider in respect of its parking arrangements for
Lessees the cost of which has NOT been factored into the Lessee’s
Total Monthly Rental in respect of the Leased Premises.
22. WARRANTIES, RELAXATION & AUTHORITY:
22.1. The Lessee records that all verbal or written warranties and
representations, whether express or implied, made by or on behalf of
the Lessor have been accurately recorded in this Agreement and the
Lessee furthermore records that it has not entered into this Lease by
reason of any other warranty or representation made to it by or on
behalf of the Lessor which is not set out in this Lease Agreement.
The Lessor shall not be responsible for any loss or damage suffered
by the Lessee arising from any unfulfilled representation made by the
Lessor or its agents, which representations are not contained herein.
The Lessee furthermore shall not be entitled to cancel this
Agreement or claim damages by reason of any negligent or 27.
fraudulent misrepresentation made by any representatives of the
Lessor, which representation is not contained in this agreement.
22.2. No latitude, extension of time or other indulgence granted by the
Lessor to the Lessee will prejudice any right of the Lessor, or form
the basis of any waiver, estoppel or novation of any obligation under
this Lease.
22.3. By signing this Lease the signatory of the Lessee warrants that it is
duly authorised to enter into this Lease on behalf of the Lessee.
22.4. Should payment of the rental be made in any other manner than as
per clause 45, the risk and liability to ensure that payment reaches
the Lessor at its chosen domicilium citandi et executandi shall be with
the Lessee. The Lessee hereby accepts the full risk and liability
should any payment be lost, stolen or misappropriated and the
Lessee shall immediately make another payment in replacement
thereof
23. LIABILITY OF PARTNERS & JOINT LESSEES:
If the Lessee is a partnership then by signature hereto, the individual
partners of the Lessee bind themselves, both as a partnership and
jointly and severally as individuals, for all the Lessee’s obligations to
the Lessor under or arising out of this Lease. Similarly, joint Lessees
shall be jointly and severally liable for all their obligations as Lessees
under or arising out of this Lease.
SURETY:
In the event of the Lessee being a private company, close
corporation, trust or other legal entity, the authorised signatories
and/or Directors/Members/Trustees agree to be bound in terms of
the Lessor’s Deed of Suretyship annexed hereto as Annexure D
which by virtue of their signature thereto, irrevocably bind themselves
jointly and severally as surety and co-principal debtors in solidum to
the Lessor as defined herein (“the creditor”) for the due fulfilment by
the Lessee (“the debtor”) of all terms of the Lease or any renewal
thereof between the creditor and the debtor in respect of the Leased
Premises as defined herein and agree that this surety shall extend to
cover any failure to fulfil the terms of the Lease or any renewal or
extension thereof whether brought by the action of the debtor or any
person or by the liquidation of the debtor.
CONSUMER PROTECTION ACT:
As this Agreement is an Agreement for a fixed term and subject to
section 14(2) of the Consumer Protection Act 68 of 2008 (“the CPA”)
the Lessee may cancel the Agreement by giving twenty (20) business
days’ notice to the Lessor but is responsible for all arrears and
reasonable penalty, which means that if the Lessee gives notice of
cancellation before natural termination date, the Lessee will remain
responsible for the rental until the natural termination date or a
reasonable replacement is found, whichever occurs first. The Lessor
may cancel the Agreement twenty (20) business days after giving
notice to the Lessee of a material failure to comply with the
Agreement, unless the Lessee has rectified the failure within that
time. Section 14 of the CPA does not apply to leases between juristic
persons regardless of their annual turnover or asset value.
26. APPLICATION OF THE NATIONAL CREDIT ACT. 2005:
26.1 The Lessee by its signature hereto, consents to:
26.1.1 The Lessor receiving, sharing, transmitting and exchanging my
consumer credit information (as this term is defined in section 70 of
the National Credit Act, 2005 (“NCA”) and other information
(Consumer Credit Information”) in respect of the Lessee;
26.1.2 The Lessor sharing, transmitting and or exchanging any Consumer
Credit Information in respect of the Lessee with a credit bureau;
26.1.3 The Lessor contacting it for purposes of requesting additional
Consumer Credit Information and/or verifying existing Consumer
Credit Information in respect of the Lessee;
26.1.4 Any report furnished by a credit bureau to the Lessor containing
consumer credit information being included in any database of the
relevant credit bureau such that the credit bureau may provide such
report and/or Consumer Credit Information (as the case may be) to
other users of the credit bureaus services;
26.1.5 The Lessor obtaining Consumer Credit Information in respect of the
Lessee for purposes other than as may be prescribed by the NCA
from time to time;
26.1.6 The Lessor obtaining any report from a credit bureau for the purpose
of setting a limit in respect of the Lessee for the supply of goods,
services or utilities;
26.1.7 A credit bureau from which the Lessor obtains a report in respect of
the Lessee contacting the Lessee to request information from the
Lessee and/or to verify information with the Lessee..
MANDATORY DISCLOSURE FORM:
The Parties acknowledge and confirm agreement with and receipt of
the completed Mandatory Disclosure Form attached to this
Agreement as Annexure “N”, by signature of this Agreement by their
duly authorized signatories.
INITIAL HERE
Annexure A

Ini al Here
ANNEXURE B1
ANNEXURE B1
V4 [Annexure "B2"]

Extract of the Minutes of a Meeting of the Directors of Excellentia Training Solutions (Pty) Ltd trading as Excellentia
Pretoria
Training Solutions (Registration Number 2012/168227/07) (the Company) held at ____________________ 02
on the ____
January
day of _______________________ 24
20 ___

RESOLVED:

That the Company enter into an Agreement of Lease with The Hatfield JV at this stage consisting of Bright Ally Investments
(Pty) Ltd & Hatvest (RF) (Pty) Ltd (with Registration Numbers 2014/014549/07 & 2017/288941/07, respectively) as set out
in the Agreement to which this resolution is an Annexure.

RESOLVED FURTHER

Elton Zingwevu
THAT ____________________________ is hereby authorised and empowered to :
∙ negotiate the final terms and conditions of the Agreement of Lease referred to in the preceding resolution; and
∙ sign the said Agreement of Lease and all other deeds or documents which may be necessary for the implementation
of the abovementioned Agreement of Lease; and
∙ generally do everything that may be necessary for the implementation of the abovementioned Agreement of Lease;
∙ and any agreement/s, deeds or documents signed by the aforesaid person acting under authority of this resolution,
shall conclusively be deemed to be the agreement/s, deeds and documents authorised by this resolution.

CERTIFIED A TRUE EXTRACT

SIGNATURE:

NAME: Elton Zingwevu

DESIGNATION: CEO

INITIAL HERE
V4 [Annexure D1 : 1]

Deed of Suretyship

1. I/We, the undersigned,

Elton Zingwevu Identity Number: 8008106339182

hereby bind myself/ourselves jointly and severally in solidum to

The Hatfield JV, at this stage consisting of Bright Ally Investments (Pty) Ltd & Hatvest (RF) (Pty) Ltd
With Registration Numbers 2014/014549/07 & 2017/288941/07, respectvely

and its/their successors in title and assigns

(“the Creditor/Lessor”)

as surety for and co‐principal Debtor with

Excellentia Training Solutions (Pty) Ltd Registration Number: 2012/168227/07

trading as: Excellentia Training Solutions

(“the Debtor/Lessee”)

for the due and punctual payment and performance by the Debtor of all debts and obligations which may now be owing and which may
hereafter be owing or which may arise, in terms of or in respect of an Agreement of Lease entered into between the Creditor and the Debtor in
respect of Office MSO416 Hatfield Mall 1122 Burnett Street, Hatfield, Pretoria, or any renewal, amendment breach or cancellation thereof,
hereinafter referred to as “the Lease”. As part of my/our liability in terms hereof I/we bind myself/ourselves as aforesaid to pay the amount of
all charges and expenses of whatsoever nature, including, but without derogating from the generality of the aforegoing, attorney and client legal
costs and collection commission incurred by the Creditor in securing or endeavouring to secure fulfilment of the obligations in terms of the
Lease.

2. My/Our liability and the rights of the Creditor hereunder shall in no way be affected or diminished if the Creditor, either now or in the future,
commences with business rescue as contemplated in Chapter 6 of the Companies Act No. 71 of 2008 and/or obtains additional suretyships,
guarantees, securities or indemnities, whether real or personal, in connection with or in respect of the obligations.

3. This deed of suretyship shall be a continuing covering suretyship and shall remain in full force and effect for as long as there are any amounts
owing or payable by the Debtor to the Creditor in terms of the Lease or for as long as there are any other obligations owing or which might
become owing by the Debtor to the Creditor in terms of the Lease. This suretyship shall accordingly remain in full force and effect
notwithstanding that there might be fluctuations in the obligations and notwithstanding that for a certain period there may be no obligations
owing by the Debtor to the Creditor in terms of the Lease and notwithstanding that the Debtor may sublet a portion or the whole of the
premises leased in terms of the Lease.

4. We expressly state that it is our intention to bind ourselves individually as sureties hereunder and should any of us fail to sign this deed, or
having signed, not be bound thereby or be released as a surety, then the remaining signatories shall remain bound as if they be the sole
sureties. Nor will the failure by any of us to sign the Lease referred to in clause 1 of this deed affect my/our individual liability as surety/ies in
terms of this deed.

5. The Creditor shall be entitled, without reference or notification to me/us, and without effecting its rights hereunder, and without releasing
me/us hereunder, to take whatever steps it deems fit against the Debtor, to release other securities and/or sureties and/or grant the Debtor
extensions of time for payment and/or to compound or to make any other arrangements with the Debtor for the discharge of the Debtor’s
indebtedness.

6. We agree that in the event of the insolvency of the Debtor:

6.1. we shall not be entitled to prove a claim against the Debtor, whether actual or contingent, until such time as all amounts due to the
Creditor, including capital and interest, shall have been paid in full; but

INITIAL HERE
V4 [Annexure D1 : 2]

6.2. the Creditor shall be entitled to prove a claim against the Debtor for the full amount of his/its indebtedness to him/it; and

6.3. any payment of dividends of whatsoever nature to which we shall become entitled, shall accrue and belong to the Creditor and this
deed of suretyship shall operate as a Cession to the Creditor of such dividends.

7. Any leniency or extensions of time which may be granted to the Debtor or a variation or alteration to the Lease shall not be construed as a
waiver of any of the Creditor’s rights or claims against me/us hereunder or as a novation of any claim and shall in no way release me/us from
my/our liability hereunder.

8. I/We shall be bound by any admissions of acknowledgements of indebtedness made or given at any time by the Debtor to the Creditor in regard
to any cause and/or obligation arising from the Lease until such time as all obligations arising in terms of the Lease are discharged in full by the
Debtor.

9. A certificate under the hand of any director of the Creditor as to:

9.1 the existence and amount of the indebtedness (“the debt”) of the Debtor to the Creditor and/or of myself/ourselves at any time;

9.2 the fact that the due date for payment of the debt and/or for the discharge of the obligations hereunder has arrived;

9.3 the amount of interest accrued on the debt;

9.4 the rate of interest applicable to the debt;

9.5 any other fact, matter or thing relating to the debt and/or the obligations and/or my/our obligations hereunder;

shall for the purpose of provisional sentence or summary judgement or any other proceedings against me/us in any competent court be prima
facie proof of the correctness of the matter stated therein and valid as liquid documents for those purposes.

10. As a collateral security for the discharge of the obligations assumed by me/us in terms hereof, I/we hereby cede, assign, transfer and make over
unto and in favour of the Creditor all my right, title and interest in and to any amounts which are now or may hereafter become owing to me/us
by the Debtor from any cause of indebtedness whatsoever, including but without derogating from the generality of the aforegoing, any
reversionary right or interest which I/we might acquire after termination of any prior cession, assignment or transfer.

11. I/We hereby renounce the benefits of the legal exceptions non causa debiti , errore calculi , “excussion” “division” de duobus vel pluribus reis
debendi , “no value received” and “revision of accounts” with the meaning, force and effect of all which expectations I/we declare
myself/ourselves to be fully acquainted.

12. I/We hereby agree and consent that the Creditor shall, at its option, be entitled to institute any legal proceedings which may arise out of or in
connection with this deed of suretyship in any Magistrate’s Court having jurisdiction in respect of the Surety’s person, notwithstanding the fact
that the claim or value of the matter in dispute might exceed the jurisdiction of such Magistrate’s Court in respect of the cause of action.

13. I/We warrant that I/we have not at any time prior to the conclusion of this agreement been declared insolvent and should there be any breach
of this warranty, I/we shall assume all liabilities and every obligation to the Creditor which any such agreement purported to impose on the
Debtor.

14. I/We choose domicilium citandi et executandi at:

9 Leandre Village, 80 Andre Street, Clarina, Gauteng, 0182

and domicilium citandi et executandi Email : ezingwevu@excellentiasolutions.co.za

15. In the event that I/any of us are a natural person/s, I/We warrant that I/we are married out of community of property or that if married in
community of property my/our spouse/s has/have consented in writing to my/our binding ourselves as surety/ies (and lessee/s for purposes of
the offer contained below), in terms of Section 15(1) of the Matrimonial Property Act, Act No 88 of 1984, as set out in clause 16. of this deed.

INITIAL HERE
V4 [Annexure D1 : 3]

Nonhlanhla Nqobile Zingwevu

16. I, the undersigned __________________________________________________[Spouse Name] married in community of property to

Elton Zingwevu do hereby consent to his/her granting the suretyship hereinbefore contained

married in community of property

If not applicable, please state reasons ___________________________________________________________________
(Eg: married by A.N.C. or unmarried or maried in community of property)

AS WITNESSES:

______________________________________________ ___________________________________
SIGNATURE (SPOUSE'S WITNESS 1) SIGNATURE (SPOUSE)

DERICK KHUMALO
(Name:_____________________________________ )

8203156756183
(ID no:______________________________________ )

______________________________________________
SIGNATURE (SPOUSE'S WITNESS 2)

(Name:_____________________________________ )

(ID no:______________________________________ )

Pretoria 26th January

24
THUS DONE AND SIGNED AT __________________________ ON THIS THE ______ DAY OF ____________________ 20__

AS WITNESS

______________________________________________ ___________________________________
SIGNATURE (SURETY'S WITNESS) SIGNATURE (SURETY) : Elton Zingwevu

(Name:_____________________________________ )

(ID no:______________________________________ )

INITIAL HERE
V4 ANNEXURE F: MANAGEMENT RULES

1. Lessees will have use of the shared common areas, consisting of the following:-
1.1 Waiting areas on selected floors;
1.2 Board rooms on floors 2, 3 4 and 5;
1.3 Dry and wet kitchen on selected floors; and
1.4 Connecting passages.
2. Lessees’ guest may wait in the waiting area.
3. Bookings of board rooms will be made by Lessees themselves via an internet booking system. Each Lessee shall be
limited to no more than 3 (three) hours use of a board room in a single day unless prior arrangement is made with
management and subject to boardroom availability.
4. The wet kitchen will offer a kettle and/or urn. The dry kitchen will offer cutlery, crockery, a microwave and a fridge.
5. Coffee, tea, sugar and milk and/or any other beverages for meetings to be supplied by Lessees.
6. The Lessor will provide the services of a cleaner whose duties and responsibilities will be to clean the common areas
(including the wet and dry kitchens) daily. The cleaner allocated to render the services mentioned above however will
under no circumstances be used by any Lessee to clean the Lessee’s respective offices nor shall he/she make and/or
deliver coffee and/or tea and any other consumables to the board rooms. Each Lessee shall be solely responsible for
removing any utensils/cups and/or other items used in the boardrooms following their use. All boardrooms shall be
returned to the clean and tidy condition in which they are found. Failure to adhere hereto or where any Lessee is found
to be abusing their use of the boardrooms, management reserves the right to issue a written warning where after
repeated offences may result in the Lessee’s lease being terminated.
7. Any breakages should immediately be reported to the Centre Management offices by the Lessees.
8. Selected board rooms shall be fitted out with a television screen. All board rooms shall be fitted out with an ethernet
connection.
9. In the case of meetings held outside the minimum operating hours, special access arrangements should be made with
the security team whose contact details are available at the Centre Management office.
10. Lessees’ guests will not be provided with free parking and normal centre parking at fees set by the parking management
team, will apply.
11. Right of admission reserved.
12. No smoking will be permitted in the Building. It is the duty of Centre Management, security and the Lessees to adhere
to the policy at all times and assist where required.
13. Centre Management shall provide keys for the Premises and the Lessee shall return the keys to Centre Management
upon termination of the Agreement. All such keys are to be in the same condition as received and the Lessee shall
not permit such keys at any time to come into the possession or control of any other person, other than the Lessee, its
officials, employees or agents. Should Centre Management for any reason whatsoever incur costs to either replace
the keys, or make use of a locksmith, the Lessee shall be liable for all such costs.

14. THE FOLLOWING ARE NOT PERMITTED IN THE BUILDING:

14.1 firearms;
14.2 group demonstrations;
14.3 selling of raffle or charity tickets without approval from the Marketing Manager;
14.4 handing out or placing of pamphlets, political posters and canvassing;
14.5 skateboarding, roller-skating and roller-blading;
14.6 tampering with the plants or gardens;
14.7 dumping of rubbish and littering (this includes, without limitation cigarette buds)
14.8 tampering with any security or fire-fighting equipment;
14.9 anti-social behavior; and
14.10 any activity that may jeopardise the safety of the public, the Building, Property, its Lessees, patrons or staff
in any way.

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V4 ANNEXURE F: MANAGEMENT RULES

15. Driving lessons, the washing of vehicles, skateboarding, roller-skating, roller-blading and/or the carrying out of
mechanical work are not permitted in the parking areas and/or car-park. No vehicles are to be left overnight in the car-
park without permission from Centre Management.

16. Common Areas

All common areas and shared areas such as arcades, foyers, passages, staircases ant the like are intended for visitors
and Lessees should not permit articles or goods to be placed or stored in such areas. The Lessee’s co-operation in
this respect will assist in maintaining the image of the Building and keep walkways clear in cases of emergency.
Obstruction of the Building’s corridors and the like, constitute a statutory offence in terms of the municipal bylaws and
may result in prosecution. The Lessee should ensure that his/her employees do not use common areas or shared
areas for general recreation and the Lessee shall not sell any merchandise or transact business in a common area or
display or advertise merchandise or services in the common areas or shares areas. The Lessee is not permitted to
allow the use of common area lifts and escalators to transport stock, trolleys etc. Ramps designated for this purpose
to be utilized.

17. Moving equipment through the Building

Lessees are requested to be especially careful during the moving of equipment through the Building. Repairs arising
from such movement will be recovered from the Lessee concerned. Equipment may not be left in the arcades,
passages and entrances of the Building as this is in direct contravention of the council bylaws. A minimum of 500mm
should be left below the sprinklers/lights as per the fire regulations. The Chief Fire Inspector will hold fire inspections
on an ad hoc basis.

18. Loading Zone

Lessees should instruct their suppliers to adhere to the area demarcated for all deliveries. The Lessor does not supply
labor for unloading and/or transport of goods. Under no circumstances may Lessees or their employees park in loading
zones.

19. Refuse Removal

Lessor: The Lessor is responsible for the removal of refuse from the Property according to municipal regulations.
Lessee: The Lessor does not accept responsibility for the removal of junk such as carpets, planks, broken furniture etc.
The Lessee should arrange this personally with the local authorities. Such articles should be kept in the Premises and
not placed in back yards or passages.
Due to fire hazards, refuse may not be accumulated or placed in passages or yards, except in the refuse bins supplied.

20. Lessee
20.1 No sandwich boards or poster stands or display boards of any kind are to be placed outside the Premises.
20.2 No notices of any kind, except a notice displaying trading hours and emergency contact numbers, are to be
attached to windows or doors. The general appearance of windows and the Premises shall be subject to the
sole discretion of the Centre Manager with respect to whether the Lessee is keeping with the character of
the Shopping Centre or Building.
20.3 All advertising posters must be affixed to notice boards and no sale notices are to be plastered on the
windows or doors.
20.4 Should the Lessee require signage relative to its business, the Lessee shall be required to provide a sign in
compliance with the provisions of the Lessor's signage criteria or specifications as determined from time to
time. The Lessee shall be obliged to obtain the written approval of the Lessor for any signage it wishes to
erect in or on the Premises. All signage affixed by the Lessee shall be removed at its cost at the request of
the Lessor and the Lessee shall make good any damage caused by such removal. Should the Lessee fail

INITIAL HERE
V4 ANNEXURE F: MANAGEMENT RULES

to maintain the signage after being requested to do so by the Lessor, the Lessor may undertake the
maintenance thereof by its contractors and the Lessee shall be liable for such costs.
20.5 No music is permitted outside the Premises.
20.6 The Lessee shall park its vehicles in the parking areas designated for Lessees of the Building or Property
and the driving and parking of vehicles shall not interfere with trade at the Property.
20.7 The Lessee shall comply with all regulations regarding the Fire Protection Act (SANS 10400: Part T Fire
Protection).
20.8 All emergency escape routes shall be kept clean and free from obstructions.
20.9 A formal “Hot Work Permit” must be obtained from Centre Management for all hot work (for example work
which involves the generation of heat or sparks, such as welding, cutting, braising and grinding) that is carried
out anywhere on the Premises for maintenance purposes by the Lessee, its staff or by external contractors.
20.10 Permission by Centre Management must be granted for any installation of generators or backup power of
any kind.

INITIAL HERE
 Annexure “N”
V4
Mandatory Disclosure Form

1. Disclaimer
1.1 This mandatory disclosure form (“the Form”) concerns the Premises contemplated in the Schedule to the Agreement
and identified on the plan marked as Annexure “A”.
1.2 This Form does not constitute a guarantee or warranty of any kind by the Lessor or by the property practitioner(s)
representing the Lessor in any transaction. This Form should, therefore, not be regarded as a substitute for any
inspections or warranties that the Lessee may wish to obtain prior to concluding the Agreement.

2. Definitions
2.1 In this Form –
2.1.1 "to be aware" means to have actual notice or knowledge of a certain fact or state of affairs; and
2.1.2 "defect" means any condition, whether latent or patent, that would or could have a significant deleterious
or adverse impact on, or affect, the value of the Premises that would or could significantly impair or impact
upon the health or safety of any future occupants of the Premises or that, if not repaired, removed or
replaced, would or could significantly shorten or adversely affect the expected normal lifespan of the
Premises.

3 Disclosure of information
3.1 The Lessor discloses the information hereunder in the full knowledge that, even though this is not to be construed
as a warranty, the Lessee may rely on such information when deciding whether, and on what terms, to lease the
Premises.
3.2 The Lessor hereby authorises the appointed property practitioner(s) marketing the Premises to provide a copy of
this Form, and to disclose any information contained herein, to any person in connection with any actual or
anticipated lease of the Premises.

4 Provision of additional information

4.1 The Lessor represents that, to the best of his or her knowledge, the responses to the statements in respect of the
Premises contained herein have been accurately noted as "yes", "no" or "not applicable".
4.2 Should the Lessor have responded to any of the statements with a "yes", the Lessor shall be obliged to provide, in
the additional information area of this form, a full explanation as to the response to the statement concerned.

YES NO N/A
I am aware of defects in the roof X
I am aware of defects in the X
electrical systems
I am aware of the defects in the X
plumbing system, including the
swimming pool (if any)
I am aware of the defects in the X
heating and air-conditioning
systems, including the air filters and
humidifiers
I am aware of defects in the septic or X
other sanitary disposal systems
I am aware of any defects to the X
Premises and/or in the basement or
foundations thereof, including
cracks, seepage and bulges.

Other such defects include, but are X

not limited to, flood, dampness or
wet walls and unsafe concentrations

INITIAL HERE
 Annexure “N”
V4
of mould or defects in drain tiling or
sump pumps.
I am aware of structural defects in X
the Premises
I am aware of the boundary line X
dispute, encroachments or
encumbrances in connection with
the Property
I am aware that remodelling and X
refurbishment have affected the
structure of the Premises
I am aware that any additions or X
improvements made to or any
erections made on the Premises,
have been done or were made, only
after the required consents,
permissions and permits to do so
were property obtained.
I am aware that a structure on the X
Property has been earmarked as a
historic structure of heritage site.
ADDITIONAL INFORMATION

5 Lessor’s certification
5.1 The Lessor hereby certifies that the information provided in this Form is, to the best of the Lessor's knowledge and
belief, true and correct as at the date when the Lessor signs this report.

6 Certification by person supplying information

6.1 If a person other than the Lessor of the Premises provides the required information, that person must certify that
he/she is duly authorised by the Lessor to supply the information and that he/she has supplied the correct
information on which the Lessor has relied for the purposes of this Form and, in addition, that the information
contained herein is, to the best of that person's knowledge and belief, true and correct as at the date on which
that person signs this report.

7 Lessee’s acknowledgement
7.1 The Lessee acknowledges that he/she has been informed that professional expertise and/or technical skill and
knowledge may be required to detect defects in, and non-compliant aspects concerning, the Premises.
7.2 The Lessee acknowledges receipt of a copy of this statement.

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V4
[Annexure “P”:1]
]
Protection of Personal Information - Privacy Notice

1. Interpretation

1.1 In this notice, unless the context clearly indicates the contrary, the following words and expressions bear the
meanings assigned to them below together with those as defined in the Agreement:

1.1.1 “Act” means the Protection of Personal Information Act (Act no. 4 of 2013);

1.1.2 “Agreement” means the written agreement of lease concluded between the Parties which includes
the cover, schedule, general provisions and such further annexures as set out in the cover to the
Agreement;

1.1.3 “Consent” means any voluntary, specific and informed expression of will in terms of which
permission is given for the collection and processing of Personal Information;

1.1.4 “Data Subject” or “you” or “your” means the Person who is a Lessee or prospective Lessee of Lessor,
surety to the Agreement, and in respect of whom the Lessor collects and Processes Personal
Information;

1.1.5 “Lessor” means the party described on the cover page to the Agreement and whose contact
information is described in the schedule to the Agreement;

1.1.6 “Operator’’ means any Person who processes Personal Information for the Lessor in terms of a
contract or mandate, without coming under the direct authority of Lessor;

1.1.7 “Personal Information” means information relating to an identifiable, living, natural person, and
where applicable, an identifiable, existing juristic person, including, but not limited to:

1.1.7.1 information relating to the race, gender, sex, pregnancy, marital status, national,
ethnic or social origin, colour, sexual orientation, age, physical or mental health, well-
being, disability, religion, conscience, belief, culture, language and birth of the
person;

1.1.7.2 information relating to the education or the medical, financial, criminal or

employment history of the person;

1.1.7.3 any identifying number, symbol, e-mail address, physical address, telephone number,
location information, online identifier or other particular assignment to the person;

1.1.7.4 the biometric information of the person;

1.1.7.5 the personal opinions, views or preferences of the person,

1.1.7.6 correspondence sent by the person that is implicitly or explicitly of a private or

confidential nature or further correspondence that would reveal the contents of the
original correspondence;

1.1.7.7 the views or opinions of another individual about the person; and

1.1.7.8 the name of the person if it appears with other Personal Information relating to the
person or if the disclosure of the name itself would reveal information;

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1.1.8 “Person” means a natural person or a juristic person;

1.1.9 “Privacy Notice” means this Privacy Notice directed to the Data Subjects specified in clause 1.1.4
above, as may be revised from time to time;

1.1.10 ‘‘Processing’’ means any operation or activity or any set of operations, whether or not by automatic
means, concerning Personal Information, including:

1.1.10.1 the collection, receipt, recording, organisation, collation, storage, updating or

modification, retrieval, alteration, consultation or use of Personal Information;

1.1.10.2 distribution of Personal Information by means of transmission or making it available

in any other form, or merging, linking, as well as restriction, degradation, erasure or
destruction of the information.

1.1.11 “Record” means any recorded information regardless of form or medium, including any of the
following:

1.1.11.1 writing on any material;

1.1.11.2 information produced, recorded or stored by means of any tape-recorder, computer

equipment, whether hardware or software or both, or other device, and any material
subsequently derived from information so produced, recorded or stored;

1.1.11.3 label, marking or other writing that identifies or describes anything of which it forms
part, or to which it is attached by any means;

1.1.11.4 book, map, plan, graph or drawing;

1.1.11.5 photograph, film, negative, tape or other device in which one or more visual images
are embodied so as to be capable, with or without the aid of some other equipment,
of being reproduced;

1.1.11.6 in the possession or under the control of the Lessor, whether or not it was created by
the Lessor and regardless of when it came into existence;

1.1.12 “Responsible Party’’ means a public or private body or any other Person which, alone or in
conjunction with others, determines the purpose of and means for processing Personal Information.
The Lessor is the Responsible Party for purposes of this Privacy Notice;

1.1.13 “Special Personal Information” means includes Personal Information concerning the religious or
philosophical beliefs, race or ethnic origin, trade union membership, political persuasion, health or
sex life or biometric information of a Data Subject or the criminal behaviour of a Data Subject.

2. Purpose of this privacy notice

2.1 In terms of section 18 of the Act, the Lessor is required to make you aware of certain information and your rights
in terms of the Act.

2.2 This Privacy Notice informs Data Subjects of what happens to any Personal Information that you provide to the
Lessor, or which the Lessor may collect from or about you.

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3. Scope of this privacy notice

This privacy notice applies to Personal Information processed by or on behalf of the Lessor, where the Lessor is the
Responsible Party;

4. Personal information collected by the Lessor from Data Subjects

4.1 Personal Information is normally collected directly from you. The Lessor may also use other sources, subject to
restrictions under applicable law, to assist in obtaining relevant Personal Information about you, such as third
party service providers, or background check providers or credit reference agencies.

4.2 The Lessor collects and Processes the following Personal Information about Data Subjects including but not
limited to:

4.2.1 identification particulars, such as your full name and surname, identification or passport number,
date of birth, nationality and marital status;

4.2.2 registered company/close corporation/trust name and company/close corporation registration

number or Master’s reference number;

4.2.3 contact details, such as your physical address, postal address, business address (where applicable),
telephone number, cell phone number, email address, and emergency contact details;

4.2.4 financial information, such as bank account details, insurance details, financial statements, tax
clearance certificates and/or VAT registration numbers;

4.2.5 background check and credit reference information about you

4.3 The Lessor may also collect and Process certain information that qualifies as Special Personal Information (where
applicable), including:

4.3.1 demographic information, for example your race;

4.3.2 information about criminal convictions and offences.

4.4 The Lessor may also collect and Process Personal Information automatically when you visit its website, for
example your IP address.

4.5 In terms of the Act, the Lessor must have accurate and up to date information about you. It is your responsibility
to ensure that all Personal Information that you provide to the Lessor is correct and current and to inform the
Lessor of any changes or updates thereto that may be required.

4.6 The Lessor may also collect and Process additional Personal Information in the course of or relating to entering
into, carrying out its obligations and enforcing its rights under an offer to lease or a lease agreement, should it be
necessary or required in terms of any applicable law.

5. Purpose for which Personal Information is collected and processed

5.1 The Lessor will only collect and process your Personal Information where it is legally permitted to do so or legally
obliged to do so in terms of any applicable laws. Where your Personal Information is collected and Processed in
terms of a particular law or regulation the Lessor will take all reasonable steps to ensure that you are aware of
the applicable law or regulation.

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5.2 Generally, the Lessor will Process your Personal Information for the following purposes:

5.2.1 to administer your offer to lease and/or lease agreement and perform its obligations in terms
thereof;

5.2.2 to enable the Lessor to comply with a legal obligation;

5.2.3 where it is necessary for the Lessor to protect or exercise its legitimate interests (or those of a third
party);

5.2.4 to protect your interests or those of a third party;

5.2.5 where it is in the public interest to do so or for official purposes;

5.2.6 where the Lessor is required by any applicable law to do so;

5.2.7 to make a decision about entering into a lease agreement with you;

5.2.8 to determine the terms on which to offer you a lease or amend any terms of an existing lease;

5.2.9 to deal with any legal disputes that the Lessor is or may become involved in, or any legal disputes
that involve you.

5.3 Should any other purpose arise for which the Lessor needs to or is required to Process your Personal
Information, the Lessor will inform you of such additional purpose.

6. Failure to provide Personal Information

If you fail to provide Personal Information when requested by the Lessor to do so, the Lessor may not be able to enter
into a lease agreement with you or perform in terms of the Agreement that it has entered into with you, or the Lessor
may be prevented from complying with its legal obligations towards you.

7. Transfer of Personal Information

If your Personal Information is transferred outside the Republic of South Africa to any third party service providers, the
Lessor will take steps to ensure that your Personal Information receives the same level of protection, or a higher level
of protection, in the country where such third party service providers are located, as it would in the Republic of South
Africa and in terms of the Act

8. Sharing of your Personal Information

8.1 The Lessor may share the Personal Information about you that it has collected and Processed with:

8.1.1 Third Party Service Providers:

8.1.1.1 The Lessor may disclose and share your Personal Information third party vendors,
property managers, contractors or agents of the Lessor who perform functions on
the Lessor’s behalf, or who are contracted by the Lessor to provide services to it, in
order to enable the third party service providers to perform their functions on behalf
of the Lessor or to provide the services to the Lessor for which they contracted with
the Lessor, subject to appropriate contractual obligations, limitations and restrictions
and security measures.

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8.1.2 Legal Process:

8.1.2.1 The Lessor may disclose and share your Personal Information in order to comply with
any applicable law, any legal proceedings in which the Lessor is involved, a court
order or other legal process, such as in response to a subpoena.

8.1.3 To Protect the Lessor and other Third Parties:

8.1.3.1 The Lessor may disclose and share your Personal Information where it is necessary to
investigate, prevent, or take action in respect of illegal activities, suspected fraud,
situations involving potential threats to the safety of any third party or violations of
this Privacy Notice.

8.1.4 Legal Obligation:

8.1.4.1 The Lessor may disclose and share your Personal Information to comply with any
legal obligation to which it is subject.

9. Retention of Personal Information

The Lessor will only retain and Process your Personal Information for as long as it is required to carry out or achieve
the purposes states in clause 5 above, or as otherwise required by law, in terms of the Lessor’s Retention and
Destruction Policy which can be accessed at https://oneholdings.co.za together with other relevant policies relating to
the operation of the Act.

10. Your rights as a Data Subject

10.1 As a Data Subject, you have the following rights:

10.1.1 Right to be Notified

10.1.1.1 You have the right to be notified that Personal Information about you is being
collected and Processed; and

10.1.1.2 your Personal Information has been accessed by an unauthorised Person.

10.1.2 Right of Access

10.1.2.1 You have the right to enquire and to establish whether the Lessor holds Personal
Information of you and to request access to the Record of your Personal Information
by sending a request in writing to the Lessor - as incorporated into the Lessor’s
Promotion of Access to Information Manual.

10.1.3 Right to Correction, Destruction or Deletion

10.1.3.1 You have the right to request, where necessary, the correction, destruction or
deletion of your Personal Information by sending a request in writing to the Lessor.

10.1.4 Right to Objection

10.1.4.1 You have the right to object, on reasonable grounds relating to your particular
situation, to the Processing of your Personal Information, at any time, for purposes of
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electronic communications, by sending a written objection to the Lessor.

10.1.5 Right with regards to Automated Processing

10.1.5.1 You have the right not to be subject, under certain circumstances, to a decision of
the Lessor which is based solely on the basis of the automated processing of your
Personal Information, intended to create a profile of you.

10.1.6 Right to Complain

10.1.6.1 You have the right to submit a complaint, in the form prescribed by the Information
Regulator, to the Information Regulator alleging interference with the protection of
your Personal Information.

11. The Lessor’s complaint process

If you believe that the Lessor has not dealt with your Personal Information in a lawful or reasonable manner, or has
not responded to your request to exercise any of the rights stated in clause 10 above, please address your concerns
first with the Lessor’s Information Officer whose details can be accessed at https://oneholdings.co.za. You may also
choose to submit a complaint to the Information Regulator at:

JD House
27 Stiemans Street
Braamfontien
Johannesburg
2001
Email: complaints.IR@justice.gov.za
Website: https://www.justice.gov.za/inforeg/contact.html

12. Consent and authority to act

By initialing the pages of this notice which form part of the Agreement, you hereby agree that you have read and
understood the contents of the preceding paragraphs and accordingly warrant that you are duly authorized to act on
behalf of such Person(s) whose Personal Information has been collected by the Lessor and further consent to the Lessor
processing such Personal Information on behalf of yourself and/or all Parties/Person(s) relevant to the Agreement.

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