Professional Documents
Culture Documents
The Weekend Lease Agreemen1
The Weekend Lease Agreemen1
1. PARTIES
REPRESENTED BY
AND
REPRESENTED BY
TLHOAELE BONGANI
Identity No: 8905205371083
&
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
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;
2.1.7.2 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
2.1.10 “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.
2.1.13 “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;
2.1.15 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
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.
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.
5.2 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.
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.
6.1 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.
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.
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.
10.1 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;
10.2 The Landlord shall not, however, unreasonably withhold consent to a subletting
of the whole of the Premises.
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;
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.
12.1 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.
12.3 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.
12.3 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.
13.1 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.
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.
14.1 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;
14.1.7 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
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
15.1 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.
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.
18.2 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.
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.
19.1 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.
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.
20.1 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).
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.
21.1 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.
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.
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.
23.1 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.
________________________________________________________
________________________________________________________
23.2 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.
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.
24.4 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.
If this lease is signed on behalf of either party the person so signing expressly
warrants his authority to do so.
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
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
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
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.
35.4. 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.
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.
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.
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.
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.’
DAY OF MONTH___________________________ BY
___________________________
LESSEE
___________________________
LESSEE
WITNESSES:
1._______________________
2.________________________
DAY OF MONTH___________________________ BY
___________________________
LESSOR
WITNESSES:
1._______________________
2.________________________