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LEASE AGREEMENT

1. PARTIES

The parties to this lease are:

BOIKETLONG PUB AND GRILL 2 (PTY) LTD


REG NO: 2020/111493/07
(“The Landlord”)

REPRESENTED BY

KGAPHOLA MOKHINE HARLY


Identity No: 6712245365089
Who is the sole director of the entity

AND

EASYSATURDAY BUSINESS ENTERPRISE (PTY) LTD


Reg No: 2016/400541/07
(“The Tenant”)

REPRESENTED BY

TLHOAELE BONGANI
Identity No: 8905205371083

&

MASASANYA LEBOHANG ALFRED


Identity No: 9010225079086

Both Mr Masasanya and Tlhoaele are co-directors holding equal ownership of 50%
each, ownership of the entity. Both are jointly and severally liable for liabilities of the
entity

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2. INTERPRETATION

2.1. In this lease as well as Annexure A thereto, except in a context indicating


that some other meaning is intended,

2.1.1. “the Act” means the Sectional Titles Act 95 of 1986;


2.1.2. “the Body Corporate” in relation to the Buildings and the Property means
the body corporate thereof referred to in section 36(1) of the Act;

2.1.3. “the Building” means the buildings known as Boiketlong Pub and bottle-
store, located at No 118 Benjamin Ntuli street, Kgatlamping section,
Tembisa or part thereof situated on the Property, and includes, where the
context so allows, all permanent improvements on the Property;

2.1.4. “the Common Property” means the Property, such parts of the Building as
are not included in sections as defined in the Act and such land as is
referred to in section 26 of the Act;

2.1.5. “the Lease Period” means the period for which this lease subsists,
including any period for which it is renewed

2.1.6. “the Levies” means the levies contemplated in section 37 (1) of the Act
imposed on the Landlord as the owner of the Premises but does not
include special levies;

2.1.7. “month” means a calendar month, and more specifically

2.1.7.1 in reference to a number of months from a specific date, a calendar


month commencing on that date or the same date of any subsequent month;
and

2.1.7.2 in any other context, a month of the calendar, that is, one of the 12
months of the calendar, and “monthly” has the corresponding meaning;

2.1.8. ‘” the parties” means the parties to this lease, and “party” means one of them;

2.1.9 “the Premises” means: Boiketlong Pub and bottle-store, located at No 118
Benjamin Ntuli street, Kgatlamping section, Tembisa or part thereof

2.1.9.1” Pub/Restaurant and Bar” in the Building as described in Annexure A


hereto and any exclusive use area allocated thereto;

2.1.9.2 parking bay(s)/garage(s) described in Annexure A hereto. ;

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2.1.9.3 “Restaurant and Bar” means: The property and/or part thereof
excluding the storage room which is may be additional rental.

2.1.10 “the Rules” means management rules and conduct rules contemplated by
sections 35 and 60 of the Act in operation from time to time for the control,
management, administration, use and enjoyment of sections and Common Property
and shall include orders, directions and decisions lawfully given or made from time to
time by the trustees of the Scheme and in the absence of any such management
rules and conduct rules, such rules as are filed in the Deeds Registry where the
property was registered.

2.1.11 “the Scheme” means in relation to the Building, a Development scheme as


defined in section 1(xiii) of the Act.

2.1.12 “termination” of this lease means expiration by effluxion of time or termination


for any other reason whenever such termination occurs;

2.1.13 “year” means a period of 12 consecutive months, and “yearly” refers to a year
commencing on the date on which this lease comes into operation or any
anniversary of that date;

2.1.14 references to notices, statements and other communications by or from the


Landlord include notices by or from the Landlord’s agent;

2.1.15 expressions in the singular also denote the plural, and vice versa;

2.1.16 words and phrases denoting natural persons refer also to juristic persons, and
vice versa; and

2.1.17 pronouns of any gender include the corresponding pronouns of the other
genders.

2.2. Any provision of this lease imposing a restraint, prohibition or restriction on the
Tenant shall be so construed that the Tenant is not only bound to comply therewith
but is also obliged to procure that the same restraint, prohibition or restriction is
observed by everybody occupying or entering the Premises or any other part of the
Property or the Building through, under, by arrangement with, or at the invitation of,
the Tenant, including (without limiting the generality of this provision) the family,
guests, servants and the successors in title of the Tenant.

2.3 Clause headings appear in this lease for purposes of reference only and shall
not influence the proper interpretation of the subject matter.

2.4 This lease shall be interpreted and applied in accordance with South African law.

2.5 The tenant acknowledges and agrees that ownership of intellectual property
existing prior to the commencement of the Agreement will be and remains unaffected

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hereby. This ownership vests in the landlord whose concept and idea it was and
further endeavours to bring this concept to fruition.

2.6 Without limiting the generality of the aforegoing; “Intellectual Property” means
specifications, drawings, circuit diagrams, tapes, discs and other computer-readable
media, documents, information, technical and commercial data, techniques and
know-how in the brand referred to as “Obeisant” which Tenant may NOT pledge or
encumber or exploit for its personal and beneficial use. The intellectual property as
defined above may only be used by the tenant for the benefit of landlord.

2.7 Breach of clause 2.6 and 2.7 above will be considered material and in addition
to the landlord’s rights in law will give rise to a claim in compensation from the tenant
equal to the amount derived as a result of such unauthorized personal use of the
intellectual property or any other amount which may be agreed between the parties.

3. LETTING & HIRING

The Landlord lets and the Tenant hires the Premises on the terms of this lease. The
tenant acknowledges the need for consistent business activity being integral to this
lease and warrants that there will be no period of inactivity.

4. DURATION

This lease shall come into operation on the date and shall subsist for the period of 5
(five) years commencing on the 1st June 2021 and ceasing on the 1st June 2026
subject to an annual review prior to the renewal being effective.

5. RENT

5.1 The rent shall be: R35 000.00 for the months commencing on the 1st of June
2021, the payments are payable monthly in advance on or before the 5th day of
each month to an account provided.

No cash payment will be accepted. Any changes to the account provided on the
contract will be terminated should the landlord write a formal letter and sign it.

5.1.1 The amount stipulated in clause 5.1, shall be paid as follows:

a) R8 750, every week on Wednesdays

5.2 Whenever the Levies are increased during the Lease Period the Landlord may,
by written notice to the Tenant, increase the monthly rent by the amount of such
increase.

Every such increase in the rent shall take effect on the last day of the month
following that in which the Landlord’s notice of the increase is received by the Tenant
or, whichever is the later, the date on which the corresponding increase in the Levies
takes effect.

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5.3 The Tenant shall pay the rent monthly in advance on or before the 5th day of
every month, if not paid in terms of section 5.1.1.

5.4 During the period of the Lease the Tenant may, without the written consent of the
Landlord, remove any movable property brought onto the premises by the Tenant at
the commencement of or during the lease period.

5.5 All digital marketing fees’ will be paid, controlled and managed by the Tenant.

6. ADDITIONAL CHARGES AND PRE-PAYMENT OF SERVICES

6.1 The Tenant agrees that it is liable for electricity and refuse removal as well as
any other charges to the exclusion of any rates levied to the landlord from municipal
authorities.

The tenant shall not accumulate debt on behalf of the landlord for any charges due
to it and hereby agrees to indemnify and hold the landlord harmless for any charges
due to be paid by the tenant.

6.2 The Landlord will not charge the Tenant a deposit fee.

7. PAYMENTS

7.1 All payments due by the Tenant to the Landlord under this lease shall be made
to a nominated bank account communicated to the tenant by the landlord, or to such
other person, if any, at such other place, if any, as the Landlord has designated for
the time being by written notice to the Tenant.

7.2 The Tenant shall not for any reason whatsoever withhold, defer, or make any
deduction from, or set off against, any payment due to the Landlord in terms of this
lease, whether or not the Landlord is or the Tenant alleges that the Landlord is
indebted to the Tenant, from whatsoever cause arising, or in breach of any obligation
to the Tenant from whatsoever cause arising.

7.3 The rent and all other amounts payable by the Tenant under this lease shall be
inclusive of value-added tax in so far as it is applicable.

7.5 All payments made to the Landlord by the Tenant will be allocated firstly towards
interest if any is due and thereafter, at the discretion of the Landlord or their
appointed Agent, towards the rent.

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7.6 The tenants must at all material times pay rent into the following nominated
account:

BANK: ABSA
ACCOUNT NUMBER: 4098528137
ACCOUNT TYPE: CHEQUE
ACCOUNT HOLDER: KGAPHOLA MOKHINE HARLY

8. DEPOSIT

8.1 On entering into this lease the Tenant shall pay the Landlord a deposit equal to
one month’s rental or capital investment into the business. The Landlord may,
without prejudice to the Landlord’s rights arising from a breach by the Tenant of the
Tenant’s obligations in terms of this lease, apply any deposits or pre-paid amounts,
in whole or part, in meeting any payment due by the Tenant to the Landlord at any
time during the Lease Period or after the termination of this lease. The Tenant
hereby authorizes the Landlord, or their appointed Agent, to keep the said deposit in
a noninterest bearing account.

8.2 Whenever during the Lease Period, the deposit is so applied in whole or part,
the Tenant shall on demand reinstate the deposit to its original amount.

8.3 As soon as all the obligations of the Tenant to the Landlord, arising out of or in
terms of this lease, have been discharged following the termination of this lease, the
Landlord shall refund to the Tenant, free of interest, so much of the deposit as has
not been applied in terms of the above provisions.

8.4 The deposit shall be returned at the end of the occupancy of the premises
subject to:

8.4.1 the lease has endured at least the full term which it is initially
contracted.

8.4.2 notice in writing from the Tenant to the Landlord was received not later
than at least 1 (one) calendar month prior to the date on which the lease
expires .and:

8.4.3 all outstanding accounts related to the premises let, having been paid,
and after inspection of the premises by the Landlord’s Agent.

8.5 In the event of damage, destruction or loss to the said property, such monies as
are deemed necessary to restore the property to a condition acceptable to the
Landlord may be withheld. Inspection shall be conducted prior to occupancy. A
check list will be provided

8.6 The Tenant is not permitted to deduct the deposit from the rental due for the
final, or any other month.

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8.7 The Landlord may in his sole discretion apply the deposits towards the payment
of all amounts outstanding for which the Tenant is liable including, but not limited to,
arrear rental, unpaid utility accounts, the cost of repairing damage to the premises
and replacing lost keys or remote controls.

8.8 Subject to the provisions above, the deposit shall be refunded to the Tenant
within 7 working days after the date that repairs of damages to the property have
been quantified.

9. INSURANCE

9.1 The Tenant shall not keep or do in or about the Premises anything which is
liable to increase any of the risks against which the Building is insured for the time
being to the extent that such insurance is rendered void or voidable or the premiums
of such insurance are, or become liable to be, increased.

9.2 Without prejudice to any other right of action or remedy which the Landlord may
have arising out of a breach of the aforegoing provision, the Landlord may recover
from the Tenant on demand the full amount of any increase in insurance premiums
in respect of the Building attributable to such breach.

9.3 For the purposes of the above provisions, the Tenant shall be entitled to assume
that the Building is at all material times insured against such risks, on such terms, for
such amounts, and at such premiums as are for the time being usual in respect of
similar buildings in similar locations.

9.4 The landlord shall cover all cost incurred by it in taking insurance cover against
damage to the premises and its equipment, loss of rent, and/or public liability,
incurred during the subsistence of the lease which excess fee, if reasonably
attributable to the tenant due to causation by breach, behaviour and/or otherwise will
be recovered from the tenant.

10. CESSION AND SUBLETTING

10.1 The Tenant shall not be entitled, except with the prior written consent of the
Landlord,

10.1.1 to cede all or any of the rights of the Tenant under this lease;

10.1.2 to sublet the Premises in whole or part; or

10.1.3 to give up possession of the Premises to any third party;

10.2 The Landlord shall not, however, unreasonably withhold consent to a subletting
of the whole of the Premises.

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10.3 The Landlord shall host its own annual events four times a year seasonally but,
shall not interfere with the running of the Kitchen and Bar.

11. SUNDRY DUTIES OF THE TENANT

The Tenant shall:

11.1 keep the Premises clean, tidy and usable for the purposes of being an
entertainment venue;

11.2 not place or leave any article or other thing in or about any passage, display
counters’ walls, pathway, parking garage, or other part of the Property so as to
cause a nuisance or obstruction;

11.3 not bring into the Premises or the Building any article which, by reason of its
weight or adverting any promotion or event other characteristics, is liable to cause
damage to the Image and look of the Building or the Premises;

11.4 not contravene any of the conditions of title of the Property or any of the laws,
rules or regulations affecting owners, tenants or occupiers of the Property or the
Building;

11.5 not cause or commit any nuisance on the Property or cause any annoyance or
discomfort to other tenants or occupiers of the Building;

11.6 not leave refuse or allow it to accumulate in or about the Premises except in the
refuse bins provided;

11.7 refrain from interfering with the electrical, plumbing or gas installations or
systems serving the Premises or the Building, except as may be necessary to enable
the Tenant to carry out their obligations of maintenance and repair in terms of this
lease;

11.8 not permit or allow any persons to reside in the Premises at all;

11.9 not keep any live animals or birds on the Premises except with the prior written
consent of the Landlord;

11.10 not hang washing in any visible place in or about the Premises or do or display
anything else, which causes the Premises or the Building to appear unsightly;

11.11 take all reasonable measures to prevent blockages and obstructions from
occurring in the drains, sewerage pipes and water pipes serving the Premises;

11.12 provide at the Tenant’s own expense all electric, fluorescent and incandescent
light bulbs required in the Premises;

____________ Tenant Initial Landlord Initial ___________


11.13 not be allowed to remove, encumber and/or rent out the equipment, fittings
and peripheral fixations of the property which expressly remain the property of the
landlord;

11.14 note such equipment, fittings and peripheral fixations are and will remain
subject to the terms of this lease to be incorporated into the meaning of “premises”;
and

11.15 comply timeously in all respects with the obligations imposed on the Landlord
in terms of the rules, the Landlord undertaking, upon written request by, and at the
cost of the Tenant, to obtain for the Tenant a copy thereof.

11.16 The tenant acknowledges that there are damages to the property resulted
from the preceding lease which list is attached hereto and incorporated herein;
whereby the tenant undertakes to effect such repairs to restore the property to its
original state within 30 days from signature hereof, failing which the landlord may
effect such repairs and the costs thereof to be recovered from the tenant which the
tenant shall pay to the landlord on demand.

11.17 The tenant is responsible for all the licensing requirements for the business
they are operating on the premises.

12. MAINTENANCE AND REPAIRS

12.1 The Tenant shall at his own expense and without recourse to the Landlord;
12.1.1 throughout the Lease Period maintain in good order and condition the interior
of the Premises and all parts thereof, including (without limitation of the generality of
this obligation) all windows, doors, appurtenances, fixtures and fittings contained in
the Premises;

12.1.2 promptly repair or make good all damage occurring in the interior of the
Premises from time to time during the Lease Period, whatever the cause of such
damage, and including damage to any part of the interior of the Premises or to any
window, door, appurtenance, fixture or fitting, and replace all such items (as well as
any keys) which have been broken, lost or destroyed (again regardless of cause);
and

12.1.3 on the termination of this lease, return the Premises and all such parts thereof
(including all keys and access control devices relating to the Premises) to the
Landlord in good order, condition and repair, fair wear and tear excepted.

12.2 The Premises shall be deemed, at the commencement of this lease, to be in


good order and condition except to the extent that they are not so and the Tenant
notifies the Landlord in writing within 7 (seven) days after having taken possession of
the Premises of the need for any repairs to or in the Premises or of the fact that any

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part of the Premises, including any lock, key, door, window, appurtenance, fixture or
fitting, is damaged, missing, or out of order.

12.3 The Tenant shall be responsible for the structural maintenance of, and for all
repairs and replacements becoming necessary from time to time in or to, the
Premises and all parts thereof.

12.4 The Landlord / tenant shall not, however, be in breach of clause

12.3 in so far as any of its obligations there under are not or cannot be fulfilled by
reason of any vis major or the acts or omissions of others over whom the Landlord
has no direct authority or control, and where the Landlord is indeed in breach of
clause

12.3, the Tenant’s only remedy against the Landlord shall be a right of action for
specific performance.

12.5 Should the Tenant fail to carry out any of its obligations under this lease with
regard to any maintenance, repair or replacement, the Landlord shall be entitled,
without prejudice to any of the Landlord’s other rights or remedies, to effect the
required item of maintenance, repair or replacement and to recover from the Tenant
on demand all amounts incurred by the Landlord in respect thereof.

13. ALTERATIONS, ADDITIONS AND IMPROVEMENTS

13.1 The Tenant shall not make any alterations or additions to the Premises without
the Landlord’s prior written consent, which consent shall not be withheld
unreasonably, to an alteration or addition which is not structural.

13.2 If the Tenant does alter or add to the Premises in any way, whether in breach of
clause

13.1 or not, the Tenant shall, if so required in writing by the Landlord, restore the
Premises on the termination of this lease to the condition it was prior to such
alteration or addition having been made. Unless the Landlord, as a result of a breach
hereof by the Tenant terminates this lease, the Landlord’s requirements
aforementioned shall be communicated to the Tenant not less than 14 days prior to
the termination.

This clause 13.2 shall not be construed as excluding any other or further remedy
which the Landlord may have in consequence of a breach, by the Tenant of clause

13.3 Save for any alteration or addition which is removed from the Premises as
required by the Landlord in terms of clause 13.2, all alterations or additions made to
the Premises shall belong to the Landlord and may not be removed from the
Premises at any time.

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The Tenant shall not, whatever the circumstances, have any claim against the
Landlord for compensation for any alterations or additions to the Premises, unless
such improvements were made with the Landlord’s prior written consent which
compensation shall be limited to the costs of the improvement, or as otherwise
agreed to in writing by the Landlord, nor shall the Tenant have a right of retention in
respect of any improvements.

13.4 The Tenant may, prior to termination of this lease by effluxion of time, of the
Tenant’s own accord remove any alterations or additions to the Premises which are
not of a structural nature in which event it shall restore the Premises as provided in
clause 13.2.

14. EXCLUSION OF LANDLORD FROM LIABILITY AND INDEMNITY

14.1 The Tenant shall have no claim for damages against the Landlord and, without
prejudice to the generality of clause 7.2, not withhold or delay or apply set-off to any
payment due by the Tenant to the Landlord by reason directly or indirectly of 14.1.1
a breach by the Landlord of any of the Landlord’s obligations under this lease; 14.1.2
any act or omission of the Landlord or any agent or servant of, or contractor to, the
Landlord, whether or not negligent, wrongful, or otherwise actionable at law, and
including (without limiting the generality of the aforegoing) any act or omission of any
cleaner, maintenance person, handyman, artisan, labourer, workman, watchman,
guard or commissionaire;

14.1.3 the condition or state of repair at any time of the Property, the Building, or any
part of the Property or the Building;

14.1.4 any failure or suspension of, or any interruption in, the supply of water,
electricity, gas, air-conditioning, heating, or any other amenity or service to the
Premises, the Building, or the Property (including, without generality being limited,
any cleaning service), whatever the cause;

14.1.5 any breakdown of, or interruption in the operation of, any machinery, plant,
equipment, installation, or system situated in or on, or serving, the Property, the
Building, or the Premises, and including (but without limiting the generality of the
aforegoing) any lift, escalator, geyser, boiler, burglar alarm or security installation or
system, again regardless of cause;

14.1.6 any interruption of, or interference with, the enjoyment or beneficial


occupation of the Premises or any parts of the Common Property or the Building
caused by any building operations or other works to or in the Building or elsewhere
on or about the Property, whether by the Landlord or by anybody else; or

14.1.7 any other event or circumstance whatever occurring, or failing to occur, upon,
in, or about the Property, the Building or the Premises, whether or not the Landlord
could otherwise have been held liable for such occurrence or failure, and the Tenant

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indemnifies the Landlord against all liability to members of the Tenant’s household,
the Tenant’s servants, guests and other invitees, and all other persons who may
occupy or be entitled to occupy the Premises or any parts thereof through or under
the Tenant, in consequence of any such matter as is referred to in clauses 14.1.1 to
14.1.7 above.

14.2 The Landlord shall not, however, be excused from specific performance of any
of the Landlord’s obligations under this lease, whether express or implied, and
particularly (but not only) the Landlord’s obligations to afford the Tenant occupation
and enjoyment of the Premises as contemplated by this lease and to carry out such
maintenance and repairs as are incumbent upon the Landlord in terms hereof; and if
the Landlord fails to carry out any such obligation of maintenance or repair with
reasonable speed or efficiency, and persists in such default after reasonable notice
in writing requiring that it be remedied, the Tenant may cause the necessary
maintenance or repair (including any incidental or necessary replacement) to be

15. LANDLORDS RIGHTS OF ENTRY AND CARRYING OUT OF WORKS

15.1 The representatives, agents, servants and contractors of the Landlord may at
all reasonable times, without thereby giving rise to any claim or right of action on the
part of the Tenant or any other occupier of the Premises,

15.2 enter the Premises in order to inspect them, to carry out any necessary repairs,
replacements or other works, or to perform any other lawful function in the bona fide
interests of the Landlord or any of the occupiers of the Property; or

15.3 carry out elsewhere in the Building or on the Property any necessary repairs,
replacements or other works, but the Landlord shall ensure that this right is
exercised with due regard for, and a minimum of interference with, the beneficial
enjoyment of the Premises by those in occupation thereof.

16. SERVANTS ACCOMMODATION

The maximum number of persons who may occupy the servant’s room included in
the Premises shall be (not applicable), all of whom shall be immediate family of the
Tenant’s domestic servant (that is to say, such employee himself or herself and his
or her spouse and children)

17. RULES

The Tenant shall at all material times comply, and shall procure that all others
employed on the Premises and the Tenant’s visitors, invitees, servants and agents
comply, with the rules.

18. DAMAGE TO/OR DESTRUCTION OF PREMISES

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18.1 If the Premises are destroyed or so damaged that they can no longer be
beneficially occupied, this lease shall, unless the parties agree in writing otherwise,
terminate when that happens.

18.2 If the Premises are damaged but can still be beneficially occupied, this lease
shall remain in force and the Landlord shall repair the damage without undue delay
but, subject to clause 18.3, the rent shall be abated so as to compensate the Tenant
fairly for the effects of the damage and repair work on the enjoyment of the
Premises.

Failing agreement on such abatement or on the applicability of this clause to any


particular circumstances, the matter shall be referred to an expert appointed by the
parties jointly or, if they do not agree on such appointment, nominated by the
President for the time being of The Institute of Estate Agents of South Africa, and the
decision of such expert shall be final and binding.

The expert’s fees and disbursements, including any inspection costs, shall be borne
and paid by that party against whom, in the sole opinion of the expert, his decision
has been given. Pending determination of the abatement the Tenant shall continue
to pay the full rent for the Premises as if they had not been damaged (or shall be
excused from the payment of rent for the Premises), and as soon as the matter has
been resolved the Landlord shall make the appropriate repayment to the Tenant (or
the Tenant shall make up the arrears in the rent as abated).

18.3 Notwithstanding anything to the contrary herein contained, if any damage to the
Premises or the destruction thereof is caused by an act or omission for which:

18.3.1 either party is responsible in terms of this lease or in law, the other
party shall not be precluded by reason of any of the aforegoing provisions of
this clause 18 from exercising or pursuing any alternative or additional right of
action or remedy available to the latter party under the circumstances
(whether in terms of this lease or in law);

18.3.2 the Tenant is responsible in terms of this lease or in law, the Tenant
shall continue to pay on due date all amounts including rent payable by the
Tenant in terms of this lease.

19. SPECIAL REMEDY FOR BREACH

19.1 Should the Tenant default in any payment due under this lease or be in breach
of its terms in any other way, and fail to remedy such default or breach within 7
(SEVEN) days after receiving a written demand, at a cost of R 1500.00 payable by
the Tenant, that it be remedied, the Landlord shall be entitled, without prejudice to
any alternative or additional right of action or remedy available to the Landlord under
the circumstances, to cancel this lease with immediate effect, be repossessed of the
Premises, and recover from the Tenant damages sustained as a result of the default
or breach and the cancellation of this lease.

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The Tenant shall vacate the premises within 7 days after receiving a written notice,
at a cost of R 1500.00 payable by the Tenant, and will be responsible for the rental
payment for the remainder of the Agreement or until a new Lease has been secured.

19.2 Clause 19.1 shall not be construed as excluding the ordinary lawful
consequences of a breach of this lease by either party (save any such
consequences as are expressly excluded by any of the other provisions of this lease)
and in particular any right of cancellation of this lease on the ground of a material
breach going to the root of this lease.

19.3 In the event of the Landlord having cancelled this lease justifiably but the
Tenant remaining in occupation of the Premises, with or without disputing the
cancellation, the Tenant shall be obliged to pay, and the Landlord shall be entitled to
recover and accept all payments of rent and any other amounts which would have
been payable to the Landlord but for the cancellation, without prejudice to and
without affecting the cancellation, in all respects as if they had been payments on
account of the damages suffered by the Landlord by reason of the unlawful holding
over on the part of the Tenant.

19.4 Notwithstanding but in addition to the rights conferred upon the Landlord as set
out hereinabove, the Landlord shall, after expiry of the 3 (three) day period referred
to in clause 19.1 hereinabove, be entitled to apply to a Court with competent
jurisdiction for an order directing that the Tenant and all such persons who may
occupy the Premises through the Tenant, be evicted from the Premises.

19.5 Notwithstanding anything to the contrary herein the Tenant will be liable for all
legal costs on an Attorney and Own Client Scale incurred by the Landlord in the
event of breach of agreement by the Tenant.

20. OPTION OF RENEWAL

20.1 The Tenant shall have the right to renew this lease upon the terms and subject
to the conditions set out below.

20.2 The period for which this lease may be so renewed is described in Annexure A
hereto commencing on the date immediately following the date of expiry of the initial
term of this lease).

20.3 All the terms of this lease shall continue to apply during the renewal period save
that the rent shall be the amount of the rent for the month preceding the renewal plus
10% thereon and or any suitable amount agreed upon; and

20.4 The right of renewal shall be exercised by notice in writing from the Tenant to
the Landlord given and received not later than at least 1 (one) month prior to the
date on which the renewal period is to commence).

____________ Tenant Initial Landlord Initial ___________


20.5 If the right of renewal is duly exercised, this lease shall be renewed
automatically and without the need for any further act of the parties.

20.6 The Tenant may not, however, exercise the right of renewal while in breach or
default of any of the terms of this lease.

20.7 On entering into a renewed lease agreement, the Tenant shall not be liable to
pay a lease renewal fee.

20.8 If this lease does not endure at least for the full term for which it is initially
contracted, the right of renewal shall lapse and any notice of exercise thereof given
prior to such lapsing shall be null and void.

20.9 Should the Tenant not exercise the right of renewal, notice in writing from the
Tenant to the Landlord is required and must be received not later than at least 1
(one) calendar month prior to the date on which the renewal period is to commence.

20.10 Should the Tenant not exercise the right of renewal nor give notice as
prescribed in 20.9 above, this lease shall be renewed automatically and without the
need for any further act of the parties.

20.11 With such automatic renewal, all the terms of this lease shall continue to apply
during the renewal period save that the rent shall be the amount of the rent for the
month preceding the automatic.

20.12 The landlord will afford the Tenant a 90 days period should they wish the
tenant to vacate the premises to allow the tenant to get an alternative location. This
will only be applicable where the tenant has been unable to meet the agreed
mandate with the landlord. The mandate include amongst others increasing the
number of patrons and therefore turnover of the business.

21. NEW TENANTS AND PURCHASERS

21.1 during the Lease Period, allow prospective purchasers of the Premises or of
any shares or other interests in the Landlord; and

21.1 during the Lease Period, allow prospective purchasers of the Premises or of
any shares or other interests in the Landlord; and

21.2 During the last 90 days of the Lease Period, allow prospective tenants of the
Premises, to enter and view the interior of the Premises.

The Tenant shall at all reasonable times:

21.2 During the last 90 days of the Lease Period, allow prospective tenants of the
Premises, to enter and view the interior of the Premises.

____________ Tenant Initial Landlord Initial ___________


22. COSTS

22.1. The Tenant agrees to pay for the default administration and collection costs
arising from their failure with any of the terms and conditions

22.2 The legal costs incurred in the preparation of this lease shall be borne and paid
by the Tenant. This Agreement and/or from any financial default, and for legal costs
and collection commission on all payments made by them if the matter is referred to
an external debt collection company or attorney.

23. DOMICILE AND NOTICES

23.1 For all purposes arising out of or in terms of this lease, including the giving of
notices or making demands, the parties choose as their domicilia citandi et
executandi the addresses mentioned in clause 23.1.1 and 23.1.2 below, provided
that such domicilium of either party may be changed by written notice from such
party to the other party with effect from the date of receipt (or deemed receipt) by the
latter of such notice.

23.1.1 The Landlord:


________________________________________________________

________________________________________________________

23.1.2 The Tenants:


________________________________________________________

________________________________________________________

23.2 Any notice, demand or other communication properly addressed by either party
to the other party at the latter’s domicilium in terms hereof for the time being and
sent by prepaid registered post and/or electronic mail shall be deemed to be
received by the latter on the fourth business day following the date of posting
thereof, on receipt of delivery receipt if sent by electronic mail and if delivered by
hand, shall be deemed to have been received by the latter upon delivery at the
aforesaid domicilium.

This provision shall not be construed as precluding the utilisation of other means and
methods (including tele-facsimile) for the transmission or delivery of notices,
demands and other communications, but no presumption of delivery shall arise if any
such other means or method is used.

23.3 The parties agree to the jurisdiction of the Tembisa Magistrate's Court for all
matters arising out of this agreement.

____________ Tenant Initial Landlord Initial ___________


24. WHOLE AGREEMENT

24.1 This lease is the entire agreement between the parties.

24.2 Neither party relies in entering into this agreement on any warranties,
representations, disclosures or expressions of opinion, which have not been
incorporated into this agreement as warranties or undertakings.

24.3 No variation, extension or consensual cancellation of this lease shall be of any


force or effect unless reduced to writing and signed by both parties.

24.4 The lease is in force as long as any of the two partners are still alive,
furthermore in the event of death or incapacity of the Landlord, a family member of
the landlord will take over subject to the terms contained herein and perform duties
as per this agreement at all material times

25. NON-WAIVER

25.1 Neither party shall be regarded as having waived, or be precluded in any way
from exercising any right under or arising from this lease, by reason of such party
having at any time granted any extension of time for, or having shown any
indulgence to, the other party with reference to any payment or performance
hereunder, or having failed to enforce, or delayed in the enforcement of, any right of
action against the other party.

25.2 The failure of either party to comply with any non-material provision of this lease
shall not excuse the other party from performing the latter’s obligations hereunder
fully and timeously.

26. WARRANTY OF AUTHORITY

If this lease is signed on behalf of either party the person so signing expressly
warrants his authority to do so.

27. SALE OF PREMISES

The transfer of the Premises from the Landlord pursuant to a sale thereof shall not in
any way affect the validity of this lease. It shall accordingly, upon registration of
transfer of the Premises into the name of the purchaser, remain of full force and
effect save that the purchaser shall be substituted as Landlord and acquire all rights
and be liable to fulfil all the obligations which the Landlord, as Landlord, enjoyed
against or was liable to fulfil in favour of the Tenant in terms of the lease and for its
duration.

28. SURETYSHIP

This lease is subject to the suspensive condition in favour of the Landlord that the
person described as surety in terms of it becomes bound to the Landlord in writing
on the terms of the draft document annexed to this lease as surety and co-principal
debtor for all the obligations of the Tenant to the Landlord under this lease as well as

____________ Tenant Initial Landlord Initial ___________


those arising in consequence of any termination thereof. If that condition remains
unfulfilled for 7 days after signing hereof or any later time and date agreed upon
between the parties in writing, or is not waived by the Landlord in writing, this lease
shall not come into operation but shall be null and void save that the Tenant shall
then solely bear and pay, or reimburse the Landlord on demand with the costs of this
lease and the Landlord’s expenses in re-letting the Premises, including any agent’s
commission and advertising costs.

29. ONUS

The onus of proving that any consent of the Landlord has been withheld
unreasonably shall be with the Tenant.

30. LAW

The Agreement shall be construed in accordance with and governed by the laws of
the Republic of South Africa and the English language versions shall prevail.

31. LANGUAGE

English shall be exclusively used by the Members in the preparation of Documents


unless otherwise indicated.

32. CONFLICT BETWEEN AGREEMENT AND CONTRACT

Should any provision of the Agreement be in conflict with the terms of the Contract,
the Agreement shall be amended to the approval of the Management so as to
eliminate the conflict.

33. CONFIDENTIALITY

All matters relating to the Agreement and the Contract shall be treated by the parties
as confidential and no such matter shall be disclosed to any third party without the
prior written approval of the Landlord. No Member shall be party to the dissemination
of publicity relating to the Contract, or the Agreement, without the prior written
approval of the landlord

34. INSOLVENCY OF A PARTY

Should a Member be placed in liquidation, or under judicial management, whether


provisionally or finally, or propose any compromise with its creditors, the other
Members shall be entitled to proceed as if the Member had breached the
Agreement.

____________ Tenant Initial Landlord Initial ___________


35. DISPUTES

35.1. Settlement

The Parties shall negotiate in good faith and make every effort to settle any dispute,
or claim, that may arise out of, or relate to, the Agreement. If agreement cannot be
reached, an aggrieved party shall, if he intends to proceed and advise the other party
in writing that negotiations have failed and that he intends to refer the matter to
mediation.

35.1.1 With regards to mediation, the mediator will be Komane Kgodiso Valentine,
for the term of existence of this agreement and his duties shall be to mediate,
resolve disputes and assist parties reach consensus and further more protect the
interests of the Landlord considering his health status and condition. The costs of the
mediation shall be borne equally by all parties.

a) The mediator shall convene a hearing of the parties and may hold separate
discussions with any party and shall assist the parties in reaching a mutually
acceptable settlement of their differences through means of reconciliation,
interpretation, clarification, suggestion and advice.

35.2. The Members shall record such agreement in writing and thereafter they shall
be bound by such agreement. The mediator is authorised to end the mediation
process whenever in his opinion further efforts at mediation would not contribute to a
resolution of the dispute between the Members.

35.3. Arbitration Where a dispute or claim is not resolved by mediation, it shall be


referred to arbitration by a single arbitrator to be selected by agreement between the
Members or, failing agreement, to be nominated by the Landlord.

35.4. The party requiring referral to arbitration shall notify the other parties, in writing,
thereof, not later than thirty calendar days after the mediator has expressed his
opinion, failing which the mediator’s opinion shall be deemed to have been accepted
by all Members and shall be put into effect.

Arbitration shall be conducted in accordance with the provisions of the Arbitration Act
No. 42 of 1965, as amended, and in accordance with such procedure as may be
agreed by the Members or, failing such agreement, in accordance with the rules for
the Conduct of Arbitrations published by the Association of Arbitrators and current at
the date that the arbitrator is appointed.

The decisions of the arbitrator shall be final and binding on the Members, shall be
carried into immediate effect and, if necessary, be made an order of any court of
competent jurisdiction.

35.5 The appointed arbitrator is Komane Kgodiso Valentine.

____________ Tenant Initial Landlord Initial ___________


36. ELECTRICITY

The Lessee is responsible to pay his/her ow electricity bill and will be furnished with
an electric meter, enabling him/her to purchase his/her own electricity.

37. INSPECTION OF PROPERTY

Lessor and Lessor’s agents shall have the right at all reasonable time during the
term of this agreement and any renewal thereof to enter the property for the
purposes of inspecting the property and all buildings and improvements thereon. And
for the purposes of making any repairs, additions or alterations as may be deemed
appropriate by the Lessor for the preservation of the property or the building.
Lessor and its agents shall further have the right to exhibit the premise and to display
the usual “for rent’’ or ‘’vacancy” signs on the premises at any time before the
expiration of this agreement. The right of entry shall likewise exist for the purpose of
removing signs, fixtures, alterations or additions that do not conform to this
agreement or to any restrictions, rules or regulations affecting the premises.

38. SURRENDER OF PREMISES AND PROPERTY

Upon the expiration of the term hereof or termination, Lessee shall surrender the
property in good state and condition as they were at the commencement of this
agreement, reasonable use and wear and tear thereof is accepted.

39. INDEMNIFICATION

Lessor shall not be liable for any damage or injury of the Lessee, Lessee’s family,
guests, invitees, or to any person entering the premises or the building of which the
premises area part or to goods or equipment, or in the structure or equipment of the
structure of which the premises are a part, and Lessee hereby agrees indemnify,
defend and hold Lessor harmless from any and all claims or assertions of every kind
and nature.

40.DEFAULT

If Lessee fails to comply with any of the material provisions of this agreement, other
than the covenant to pay rent, or of any present rules and regulations or any that
may be hereafter prescribed by Lessor, or materially fails to comply with any duties
imposed on Lessee by statute, within seven days after delivery of written notice by
Lessor specifying the non-compliance and indicating the intention of Lessor to
terminate the Lease by reason thereof, Lessor may terminate this agreement.

____________ Tenant Initial Landlord Initial ___________


If Lessee fails to pay rent when due and the default continues for more than five (5)
days thereafter, Lessor may, at Lessor’s option, declare the entire balance of rent
payable hereunder to be immediately due and payable and may exercise any and all
rights and remedies available to Lessor at law or in equity or may immediately
terminate this agreement.

41. ABANDONMENT

If at any time during the term of this agreement Lessee abandons the property or any
part thereof, Lessor may, at Lessor’s option, obtain possession of the property left
behind by Lessee and without becoming liable to Lessee for damages or for any
payment of any kind whatsoever.

The parties agree that if the Lessee disappears without notifying the Lessor and 30
days (Thirty Days) lapses without knowing the Lessee’s whereabouts, such conduct
is construed as abandonment of property and the consequences of abandonment of
property automatically becomes applicable without the need to notify the Lessee.

42.TERMINATION

42.1.The Lessor and the Lessee can terminate thus agreement at any time during
the term of the lease by each giving the other party at least 30 (thirty) days written
notice of intention to do so. If this agreement is terminated by the Lessor, the rental
is already paid by the Lessee shall be repaid on a pro rata basis, calculated from the
date of such termination.

42.2.The Lessor shall give notice of termination as stipulated in clause 22.1, failure
to do so; forfeiture of deposit money shall be the remedy of the breach of clause
22.1.

43.ATTORNEY’S FEES

Should it become necessary for Lessor to employ an attorney to enforce any of the
conditions or covenants hereof, including the collection of rentals or gaining
possession of the premises and property, Lessee agrees to pay all expenses so
including attorneys fee on an Attorney and Client scale.

44.ANIMUS CONTRAHENDI

The Lessor and the Lessee agree that this agreement, when filled out and signed, is
a binding legal obligation.’

____________ Tenant Initial Landlord Initial ___________


THUS DONE AND SIGNED AT____________________________________ ON THE ______

DAY OF MONTH___________________________ BY

___________________________

LESSEE

___________________________

LESSEE

WITNESSES:

1._______________________

2.________________________

THUS DONE AND SIGNED AT____________________________________ ON THE ______

DAY OF MONTH___________________________ BY

___________________________

LESSOR

WITNESSES:

1._______________________

2.________________________

____________ Tenant Initial Landlord Initial ___________

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