{
    "version": "1.1",
    "created_at": "2025-10-07T15:19:14+02:00",
    "analysis_id": "a_68e51352457399.10876795",
    "transaction_id": "Gateway Shopping Centre_Burnt_NoShop_1758092100",
    "document_id": 152,
    "landlord": "Old Mutual",
    "doc_type": 2,
    "provider": "azure",
    "file_path": "C:/xampp/htdocs/lease_manager/custom_ui/uploads/Gateway Shopping Centre_Burnt_NoShop_1758092100/1758100289_Gateway__Clean_.pdf",
    "file_abs": "C:/xampp/htdocs/lease_manager/custom_ui/uploads/Gateway Shopping Centre_Burnt_NoShop_1758092100/1758100289_Gateway__Clean_.pdf",
    "file_rel": "",
    "file_name": "1758100289_Gateway__Clean_.pdf",
    "clauses": [
        {
            "section": "TNC",
            "number": "27",
            "text": "January 2025 RETAIL GROSS LEASE Insert date Lease prepared SHOPPING CENTRE AGREEMENT OF LEASE (RETAIL) made and entered into by and between (Insert Landlord Name Here) Registration Number: (Insert Registration Number here) VAT Registration Number: (Insert VAT Registration Number here) (hereinafter called the \"Landlord\") of the First Part Represented herein by in his/her capacity as who warrants that he/she is duly authorised and (Insert Tenant Name Here) Registration / Identity Number: (Insert Registration Number here) VAT Registration Number: (Insert VAT Registration Number here) Trading as\" \" (hereinafter called the \"Tenant\") of the Second Part Represented herein by Identity Number: in his/her capacity as who warrants that he/she is duly authorised The Landlord hereby lets to the Tenant who hereby hires the premises described herein on the terms and conditions set out in the Schedule and General Conditions.",
            "page": 1
        },
        {
            "section": "SCHEDULE",
            "number": "S2",
            "page": 2,
            "is_table_clause": true,
            "table_html": "<table class=\"extracted-table\" style=\"border-collapse:collapse;width:100%;\"><tr><td style=\"border:1px solid #ccc;padding:6px;vertical-align:top;\"></td><td style=\"border:1px solid #ccc;padding:6px;vertical-align:top;\"></td><td style=\"border:1px solid #ccc;padding:6px;vertical-align:top;\">SCHEDULE</td><td style=\"border:1px solid #ccc;padding:6px;vertical-align:top;\"></td><td style=\"border:1px solid #ccc;padding:6px;vertical-align:top;\"></td></tr><tr><td style=\"border:1px solid #ccc;padding:6px;vertical-align:top;\">1.</td><td style=\"border:1px solid #ccc;padding:6px;vertical-align:top;\">NAME OF BUILDING:</td><td style=\"border:1px solid #ccc;padding:6px;vertical-align:top;\">[-]</td><td style=\"border:1px solid #ccc;padding:6px;vertical-align:top;\"></td><td style=\"border:1px solid #ccc;padding:6px;vertical-align:top;\"></td></tr><tr><td style=\"border:1px solid #ccc;padding:6px;vertical-align:top;\">2.</td><td style=\"border:1px solid #ccc;padding:6px;vertical-align:top;\">ADDRESS OF BUILDING:</td><td style=\"border:1px solid #ccc;padding:6px;vertical-align:top;\">[.]</td><td style=\"border:1px solid #ccc;padding:6px;vertical-align:top;\"></td><td style=\"border:1px solid #ccc;padding:6px;vertical-align:top;\"></td></tr><tr><td style=\"border:1px solid #ccc;padding:6px;vertical-align:top;\">3.</td><td style=\"border:1px solid #ccc;padding:6px;vertical-align:top;\">PREMISES:</td><td style=\"border:1px solid #ccc;padding:6px;vertical-align:top;\">Shop [.], measuring approximately [+] rentable square metres, as shown on the plan marked &quot;D&quot; which is annexed hereto for identification purposes only. The Landlord does not warrant that the premises will be exactly as indicated thereon and retains the right to amend same provided the area and location of the premises remains approximately the same.</td><td style=\"border:1px solid #ccc;padding:6px;vertical-align:top;\"></td><td style=\"border:1px solid #ccc;padding:6px;vertical-align:top;\"></td></tr><tr><td style=\"border:1px solid #ccc;padding:6px;vertical-align:top;\">4.</td><td style=\"border:1px solid #ccc;padding:6px;vertical-align:top;\">THE LEASE PERIOD:</td><td style=\"border:1px solid #ccc;padding:6px;vertical-align:top;\">[.] YEARS</td><td style=\"border:1px solid #ccc;padding:6px;vertical-align:top;\"></td><td style=\"border:1px solid #ccc;padding:6px;vertical-align:top;\"></td></tr><tr><td style=\"border:1px solid #ccc;padding:6px;vertical-align:top;\"></td><td style=\"border:1px solid #ccc;padding:6px;vertical-align:top;\"></td><td style=\"border:1px solid #ccc;padding:6px;vertical-align:top;\">Access Date (for shopfitting) : [.] Beneficial Occupation Period : [.]\n:selected:</td><td style=\"border:1px solid #ccc;padding:6px;vertical-align:top;\"></td><td style=\"border:1px solid #ccc;padding:6px;vertical-align:top;\"></td></tr><tr><td style=\"border:1px solid #ccc;padding:6px;vertical-align:top;\"></td><td style=\"border:1px solid #ccc;padding:6px;vertical-align:top;\"></td><td style=\"border:1px solid #ccc;padding:6px;vertical-align:top;\">Commencement Date : [.]</td><td style=\"border:1px solid #ccc;padding:6px;vertical-align:top;\"></td><td style=\"border:1px solid #ccc;padding:6px;vertical-align:top;\"></td></tr><tr><td style=\"border:1px solid #ccc;padding:6px;vertical-align:top;\"></td><td style=\"border:1px solid #ccc;padding:6px;vertical-align:top;\"></td><td style=\"border:1px solid #ccc;padding:6px;vertical-align:top;\">Termination Date : [.] (or as adjusted in terms of the provisions of Clause 2.5 of the General Conditions of Lease.)\n:selected:</td><td style=\"border:1px solid #ccc;padding:6px;vertical-align:top;\"></td><td style=\"border:1px solid #ccc;padding:6px;vertical-align:top;\"></td></tr><tr><td style=\"border:1px solid #ccc;padding:6px;vertical-align:top;\">5.</td><td style=\"border:1px solid #ccc;padding:6px;vertical-align:top;\">RENTAL AND CHARGES:</td><td style=\"border:1px solid #ccc;padding:6px;vertical-align:top;\">5.1\n%</td><td style=\"border:1px solid #ccc;padding:6px;vertical-align:top;\">Monthly Rental (From Commencement Date to Termination Date, escalating on each anniversary of the Commencement Date by [.]\ncompounded):</td><td style=\"border:1px solid #ccc;padding:6px;vertical-align:top;\"></td></tr><tr><td style=\"border:1px solid #ccc;padding:6px;vertical-align:top;\"></td><td style=\"border:1px solid #ccc;padding:6px;vertical-align:top;\"></td><td style=\"border:1px solid #ccc;padding:6px;vertical-align:top;\">Rental</td><td style=\"border:1px solid #ccc;padding:6px;vertical-align:top;\">VAT</td><td style=\"border:1px solid #ccc;padding:6px;vertical-align:top;\">Total Period</td></tr><tr><td style=\"border:1px solid #ccc;padding:6px;vertical-align:top;\"></td><td style=\"border:1px solid #ccc;padding:6px;vertical-align:top;\"></td><td style=\"border:1px solid #ccc;padding:6px;vertical-align:top;\">5.2 Municipal and Service Charges</td><td style=\"border:1px solid #ccc;padding:6px;vertical-align:top;\"></td><td style=\"border:1px solid #ccc;padding:6px;vertical-align:top;\"></td></tr><tr><td style=\"border:1px solid #ccc;padding:6px;vertical-align:top;\"></td><td style=\"border:1px solid #ccc;padding:6px;vertical-align:top;\"></td><td style=\"border:1px solid #ccc;padding:6px;vertical-align:top;\">In addition to the Monthly Rental set out in 5.1 above, the Tenant will be liable for payment of its proportionate share of Municipal Charges in accordance with the provisions of clause 3.2 of the General Conditions of Lease and for its proportionate amount of Service Charges as provided for in clause 4 of the General Conditions of Lease.</td><td style=\"border:1px solid #ccc;padding:6px;vertical-align:top;\"></td><td style=\"border:1px solid #ccc;padding:6px;vertical-align:top;\"></td></tr><tr><td style=\"border:1px solid #ccc;padding:6px;vertical-align:top;\"></td><td style=\"border:1px solid #ccc;padding:6px;vertical-align:top;\"></td><td style=\"border:1px solid #ccc;padding:6px;vertical-align:top;\">The Tenant&#039;s estimated liability in this regard as at the commencement date, as envisaged in clause 3.2.3, is for payment of the monthly amount of R [.] plus VAT.</td><td style=\"border:1px solid #ccc;padding:6px;vertical-align:top;\"></td><td style=\"border:1px solid #ccc;padding:6px;vertical-align:top;\"></td></tr></table>",
            "text": ""
        },
        {
            "section": "SCHEDULE",
            "number": "5.2",
            "text": "Municipal and Service Charges",
            "page": 2
        },
        {
            "section": "SCHEDULE",
            "number": "S5",
            "page": 3,
            "is_table_clause": true,
            "table_html": "<table class=\"extracted-table\" style=\"border-collapse:collapse;width:100%;\"><tr><td style=\"border:1px solid #ccc;padding:6px;vertical-align:top;\">6.</td><td style=\"border:1px solid #ccc;padding:6px;vertical-align:top;\">TURNOVER RENTAL PERCENTAGE:</td><td style=\"border:1px solid #ccc;padding:6px;vertical-align:top;\">[.] % (See Annexure &quot;A&quot;)</td></tr><tr><td style=\"border:1px solid #ccc;padding:6px;vertical-align:top;\">7.</td><td style=\"border:1px solid #ccc;padding:6px;vertical-align:top;\">PURPOSES FOR WHICH PREMISES ARE LET:</td><td style=\"border:1px solid #ccc;padding:6px;vertical-align:top;\">For the retail operation, under the name and style [ ], of [-]</td></tr><tr><td style=\"border:1px solid #ccc;padding:6px;vertical-align:top;\">8.</td><td style=\"border:1px solid #ccc;padding:6px;vertical-align:top;\">DOMICILIUM CITANDI ET EXECUTANDI OF LANDLORD: EMAIL ADDRESS:</td><td style=\"border:1px solid #ccc;padding:6px;vertical-align:top;\">[.]</td></tr><tr><td style=\"border:1px solid #ccc;padding:6px;vertical-align:top;\">9.</td><td style=\"border:1px solid #ccc;padding:6px;vertical-align:top;\">DOMICILIUM CITANDI ET EXECUTANDI OF TENANT : EMAIL ADDRESS:</td><td style=\"border:1px solid #ccc;padding:6px;vertical-align:top;\">[.]</td></tr><tr><td style=\"border:1px solid #ccc;padding:6px;vertical-align:top;\">10.</td><td style=\"border:1px solid #ccc;padding:6px;vertical-align:top;\">ADMINISTRATION COSTS:</td><td style=\"border:1px solid #ccc;padding:6px;vertical-align:top;\">Administration Costs :R1 500-00 + R225-00 VAT = R1 725-00</td></tr><tr><td style=\"border:1px solid #ccc;padding:6px;vertical-align:top;\">11.</td><td style=\"border:1px solid #ccc;padding:6px;vertical-align:top;\">DEPOSIT/GUARANTEE:</td><td style=\"border:1px solid #ccc;padding:6px;vertical-align:top;\">[.]</td></tr><tr><td style=\"border:1px solid #ccc;padding:6px;vertical-align:top;\">12.</td><td style=\"border:1px solid #ccc;padding:6px;vertical-align:top;\">SURETYSHIP:</td><td style=\"border:1px solid #ccc;padding:6px;vertical-align:top;\">[.]</td></tr><tr><td style=\"border:1px solid #ccc;padding:6px;vertical-align:top;\">13.</td><td style=\"border:1px solid #ccc;padding:6px;vertical-align:top;\">MARKETING FUND CONTRIBUTION:</td><td style=\"border:1px solid #ccc;padding:6px;vertical-align:top;\">The monthly contribution shall be an amount equal to [.] % of the Monthly Rental and any Turnover Rental payable from time to time. (See Clause 12.12 of General Conditions of Lease)</td></tr><tr><td style=\"border:1px solid #ccc;padding:6px;vertical-align:top;\">14.</td><td style=\"border:1px solid #ccc;padding:6px;vertical-align:top;\">PENALTIES: (Exclusive of VAT)</td><td style=\"border:1px solid #ccc;padding:6px;vertical-align:top;\">Refer Clause 2.4.2: The penalty shall be a sum equal to the pro-rata portion of the Monthly Rental for the number of days that the Tenant is in breach of Clause 2.4 of the General Conditions of Lease.</td></tr><tr><td style=\"border:1px solid #ccc;padding:6px;vertical-align:top;\"></td><td style=\"border:1px solid #ccc;padding:6px;vertical-align:top;\"></td><td style=\"border:1px solid #ccc;padding:6px;vertical-align:top;\">Refer Clause 12.3: R2,000.00 per day R230.00 per hour or part thereof Refer Annexure &quot;A&quot;: R100.00 per day</td></tr><tr><td style=\"border:1px solid #ccc;padding:6px;vertical-align:top;\">15.</td><td style=\"border:1px solid #ccc;padding:6px;vertical-align:top;\">ANNEXURES FORMING PART OF THIS LEASE:</td><td style=\"border:1px solid #ccc;padding:6px;vertical-align:top;\">&quot;A&quot; -Turnover Rental Clause - Monthly Return &quot;B&quot; -Tenant Resolution &quot;C&quot; -Rental Debit Authorisation</td></tr></table>",
            "text": ""
        },
        {
            "section": "ANNEXURE",
            "number": "5.3",
            "text": "Tenant's proportionate share",
            "page": 3
        },
        {
            "section": "SCHEDULE",
            "number": "S7",
            "page": 4,
            "is_table_clause": true,
            "table_html": "<table class=\"extracted-table\" style=\"border-collapse:collapse;width:100%;\"><tr><td style=\"border:1px solid #ccc;padding:6px;vertical-align:top;\"></td><td style=\"border:1px solid #ccc;padding:6px;vertical-align:top;\">&quot;ס&quot;</td><td style=\"border:1px solid #ccc;padding:6px;vertical-align:top;\">-Floor Plan</td></tr><tr><td style=\"border:1px solid #ccc;padding:6px;vertical-align:top;\"></td><td style=\"border:1px solid #ccc;padding:6px;vertical-align:top;\">&quot;F&quot;</td><td style=\"border:1px solid #ccc;padding:6px;vertical-align:top;\">-Deed of Suretyship</td></tr><tr><td style=\"border:1px solid #ccc;padding:6px;vertical-align:top;\"></td><td style=\"border:1px solid #ccc;padding:6px;vertical-align:top;\">&quot;G&quot;</td><td style=\"border:1px solid #ccc;padding:6px;vertical-align:top;\">-House Rules</td></tr><tr><td style=\"border:1px solid #ccc;padding:6px;vertical-align:top;\"></td><td style=\"border:1px solid #ccc;padding:6px;vertical-align:top;\">&quot;H&quot;</td><td style=\"border:1px solid #ccc;padding:6px;vertical-align:top;\">-Bank Guarantee (Pro Forma)</td></tr><tr><td style=\"border:1px solid #ccc;padding:6px;vertical-align:top;\"></td><td style=\"border:1px solid #ccc;padding:6px;vertical-align:top;\">&quot;I&quot;</td><td style=\"border:1px solid #ccc;padding:6px;vertical-align:top;\">-Factual Findings (Pro Forma)</td></tr><tr><td style=\"border:1px solid #ccc;padding:6px;vertical-align:top;\"></td><td style=\"border:1px solid #ccc;padding:6px;vertical-align:top;\">&quot;J&quot;</td><td style=\"border:1px solid #ccc;padding:6px;vertical-align:top;\">-Renewal Period</td></tr><tr><td style=\"border:1px solid #ccc;padding:6px;vertical-align:top;\"></td><td style=\"border:1px solid #ccc;padding:6px;vertical-align:top;\">&quot;K&quot;</td><td style=\"border:1px solid #ccc;padding:6px;vertical-align:top;\">-Tenant Installation - Tenant Fitout /Landlord Fitout</td></tr><tr><td style=\"border:1px solid #ccc;padding:6px;vertical-align:top;\"></td><td style=\"border:1px solid #ccc;padding:6px;vertical-align:top;\">&quot;M&quot;</td><td style=\"border:1px solid #ccc;padding:6px;vertical-align:top;\">-Outside Seating Area</td></tr><tr><td style=\"border:1px solid #ccc;padding:6px;vertical-align:top;\"></td><td style=\"border:1px solid #ccc;padding:6px;vertical-align:top;\">&quot;P&quot;</td><td style=\"border:1px solid #ccc;padding:6px;vertical-align:top;\">-Tenant Criteria Document (Condition of Premises)</td></tr><tr><td style=\"border:1px solid #ccc;padding:6px;vertical-align:top;\"></td><td style=\"border:1px solid #ccc;padding:6px;vertical-align:top;\">&quot;Q&quot;</td><td style=\"border:1px solid #ccc;padding:6px;vertical-align:top;\">-Lease Disclosure Form</td></tr><tr><td style=\"border:1px solid #ccc;padding:6px;vertical-align:top;\"></td><td style=\"border:1px solid #ccc;padding:6px;vertical-align:top;\">&quot;R&quot;</td><td style=\"border:1px solid #ccc;padding:6px;vertical-align:top;\">-Managing Agent&#039;s Resolution</td></tr></table>",
            "text": ""
        },
        {
            "section": "SCHEDULE",
            "number": "S8",
            "page": 4,
            "is_table_clause": true,
            "table_html": "<table class=\"extracted-table\" style=\"border-collapse:collapse;width:100%;\"><tr><td style=\"border:1px solid #ccc;padding:6px;vertical-align:top;\">16.</td><td style=\"border:1px solid #ccc;padding:6px;vertical-align:top;\">RENEWAL PERIOD: (If applicable)</td><td style=\"border:1px solid #ccc;padding:6px;vertical-align:top;\">[.] ([.]) renewal period(s) of [+] ([ ]) years in accordance with the :selected: provisions of Annexure &quot;J&quot;</td></tr><tr><td style=\"border:1px solid #ccc;padding:6px;vertical-align:top;\"></td><td style=\"border:1px solid #ccc;padding:6px;vertical-align:top;\"></td><td style=\"border:1px solid #ccc;padding:6px;vertical-align:top;\">Commencement Date:</td></tr><tr><td style=\"border:1px solid #ccc;padding:6px;vertical-align:top;\"></td><td style=\"border:1px solid #ccc;padding:6px;vertical-align:top;\"></td><td style=\"border:1px solid #ccc;padding:6px;vertical-align:top;\">Termination Date:</td></tr><tr><td style=\"border:1px solid #ccc;padding:6px;vertical-align:top;\"></td><td style=\"border:1px solid #ccc;padding:6px;vertical-align:top;\"></td><td style=\"border:1px solid #ccc;padding:6px;vertical-align:top;\">To be exercised by the Tenant in writing to reach the Landlord not earlier than .] and not later than [.].\n:selected: :selected:</td></tr></table>",
            "text": ""
        },
        {
            "section": "ANNEXURE",
            "number": "26",
            "text": "ACCESS TO THE PREMISES",
            "page": 6
        },
        {
            "section": "ANNEXURE",
            "number": "27",
            "text": "FORCE MAJEURE",
            "page": 6
        },
        {
            "section": "ANNEXURE",
            "number": "28",
            "text": "DISPUTE RESOLUTION",
            "page": 6
        },
        {
            "section": "ANNEXURE",
            "number": "29",
            "text": "SIGNING REPRESENTATIVE",
            "page": 6
        },
        {
            "section": "ANNEXURE",
            "number": "30",
            "text": "COUNTERPARTS & ELECTRONIC SIGNATURES",
            "page": 6
        },
        {
            "section": "ANNEXURE",
            "number": "31",
            "text": "DATA PRIVACY AND PROTECTION OF INFORMATION",
            "page": 6
        },
        {
            "section": "ANNEXURE",
            "number": "32",
            "text": "WARRANTIES & UNDERTAKINGS GENERAL CONDITIONS OF LEASE (RETAIL)",
            "page": 6
        },
        {
            "section": "ANNEXURE",
            "number": "1",
            "text": "DEFINITIONS",
            "page": 7
        },
        {
            "section": "ANNEXURE",
            "number": "1.1",
            "text": "In this Lease, including the Annexures and the Schedule, unless the context clearly otherwise indicates, the following words referred to in this Lease shall have the following meanings assigned to them. Headings shall not influence the interpretation of clauses.",
            "page": 7
        },
        {
            "section": "ANNEXURE",
            "number": "1.1.1",
            "text": "\"Access Date\" means the access date stipulated in Section 4 of the Schedule;",
            "page": 7
        },
        {
            "section": "ANNEXURE",
            "number": "1.1.2",
            "text": "\"AFSA\" means the Arbitration Foundation of Southern Africa;",
            "page": 7
        },
        {
            "section": "ANNEXURE",
            "number": "1.1.3",
            "text": "\"Annexures\" means the annexures to this Lease;",
            "page": 7
        },
        {
            "section": "ANNEXURE",
            "number": "1.1.4",
            "text": "\"Beneficial Occupation Period\" means the period commencing on the Access Date and ending the day immediately prior to the Commencement Date;",
            "page": 7
        },
        {
            "section": "ANNEXURE",
            "number": "1.1.5",
            "text": "\"Building\" means any structure erected on the Property;",
            "page": 7
        },
        {
            "section": "ANNEXURE",
            "number": "1.1.6",
            "text": "\"Commencement Date\" means the commencement date stipulated in Section 4 of the Schedule;",
            "page": 7
        },
        {
            "section": "ANNEXURE",
            "number": "1.1.7",
            "text": "\"Day(s)\" means business days, excluding weekends and public holidays, unless otherwise indicated;",
            "page": 7
        },
        {
            "section": "ANNEXURE",
            "number": "1.1.8",
            "text": "\"Service Charges\" means the charges as provided for in clause 4;",
            "page": 7
        },
        {
            "section": "ANNEXURE",
            "number": "1.1.9",
            "text": "\"Landlord's Auditors\" means the auditors of the Landlord from time to time;",
            "page": 7
        },
        {
            "section": "ANNEXURE",
            "number": "1.1.10",
            "text": "\"Lease\" means the agreement of lease, comprised of the Schedule, these general conditions of lease and the Annexures, as amended from time to time in accordance with this Lease;",
            "page": 7
        },
        {
            "section": "ANNEXURE",
            "number": "1.1.11",
            "text": "\"Lease Period\" means the lease period stipulated in Section 4 of the Schedule, including any Renewal Period commencing on the Commencement Date and ending on the Termination Date;",
            "page": 7
        },
        {
            "section": "ANNEXURE",
            "number": "1.1.12",
            "text": "\"Month\" means calendar month, commencing on the first day of the month up to and including the last day of the month;",
            "page": 7
        },
        {
            "section": "ANNEXURE",
            "number": "1.1.13",
            "text": "\"Monthly Rental\" means the gross monthly rental, including VAT, stipulated in Section 5.1 of the Schedule;",
            "page": 7
        },
        {
            "section": "ANNEXURE",
            "number": "1.1.14",
            "text": "\"Municipal Charges \" bears the meaning ascribed thereto in clause 3.2;",
            "page": 7
        },
        {
            "section": "ANNEXURE",
            "number": "1.1.15",
            "text": "\"Parties\" means the Landlord and the Tenant, and \"Party\" means either of them as the context may indicate;",
            "page": 7
        },
        {
            "section": "ANNEXURE",
            "number": "1.1.16",
            "text": "\"Personal Information\" bears the meaning as defined under the definition of 'Personal Information' in section 1 of the Protection of Personal Information Act, No. 4 of 2013 (\"POPIA\");",
            "page": 7
        },
        {
            "section": "ANNEXURE",
            "number": "1.1.17",
            "text": "\"Premises\" means the premises stipulated in Section 3 of the Schedule;",
            "page": 7
        },
        {
            "section": "ANNEXURE",
            "number": "1.1.18",
            "text": "\"Property\" means the land, including its surrounding facilities on which the Building is erected, situate at the address referred to in Section 2 of the Schedule;",
            "page": 7
        },
        {
            "section": "ANNEXURE",
            "number": "1.1.19",
            "text": "\"Renewal Period\" means the renewal period stipulated in Section 16 of the Schedule, if applicable;",
            "page": 8
        },
        {
            "section": "ANNEXURE",
            "number": "1.1.20",
            "text": "\"SAPOA\" means The South African Property Owners Association;",
            "page": 8
        },
        {
            "section": "ANNEXURE",
            "number": "1.1.21",
            "text": "\"Schedule\" means the schedule to which these general terms and conditions are attached, forming an integral part of this Lease;",
            "page": 8
        },
        {
            "section": "ANNEXURE",
            "number": "1.1.22",
            "text": "\"Section\" means a section of the Schedule;",
            "page": 8
        },
        {
            "section": "ANNEXURE",
            "number": "1.1.23",
            "text": "\"Termination Date\" means the termination date stipulated in Section 4 of the Schedule;",
            "page": 8
        },
        {
            "section": "ANNEXURE",
            "number": "1.1.24",
            "text": "\"Turnover Rental\" means the rental as calculated in terms of Annexure \"A\" and the provisions of the Lease; and",
            "page": 8
        },
        {
            "section": "ANNEXURE",
            "number": "1.1.25",
            "text": "\"VAT\" means value-added tax levied in terms of the Value-Added Tax Act, No. 89 of 1991, as amended.",
            "page": 8
        },
        {
            "section": "ANNEXURE",
            "number": "1.2",
            "text": "If any provision in the definitions contained in the Schedule and/or clause 1 is a substantive provision conferring rights or imposing obligations on any party, then notwithstanding that such provision is only contained in the Schedule or clause 1 (as the case may be) effect shall be given thereto as if such Schedule or clause 1 were a substantive provision in the General Conditions of this Lease.",
            "page": 8
        },
        {
            "section": "ANNEXURE",
            "number": "1.3",
            "text": "The Annexures to this Lease form an integral and substantive part hereof and words and expressions defined in this Lease shall bear, unless the context otherwise requires, the same meaning in such Annexures.",
            "page": 8
        },
        {
            "section": "ANNEXURE",
            "number": "2",
            "text": "LEASE PERIOD AND SHOPFITTING",
            "page": 8
        },
        {
            "section": "ANNEXURE",
            "number": "2.1",
            "text": "The Landlord hereby leases the Premises to the Tenant, which hires the Premises from the Landlord on the terms set out in this Lease. The Lease shall be for the Lease Period (unless terminated earlier in terms of this Lease). However, the Tenant shall be given occupation of the Premises for shopfitting from the Access Date, for the Beneficial Occupation Period, from when the Premises shall be at the sole risk of the Tenant and the terms and conditions of this Lease, shall apply.",
            "page": 8
        },
        {
            "section": "ANNEXURE",
            "number": "2.2",
            "text": "The Landlord shall deliver and give occupation of the Premises (constructed up to the stage as contemplated in Annexure \"P\" hereto or if there is no Annexure \"P\", constructed as a bare shell) to the Tenant on the Access Date as indicated in Section 4 of the Schedule for purposes of shopfitting.",
            "page": 8
        },
        {
            "section": "ANNEXURE",
            "number": "2.2.1",
            "text": "As soon as possible after the signature of this Lease, but by no later than 30 (thirty) calendar days prior to the date that the Tenant intends to commence shopfitting, the Tenant shall submit a shop design to the Landlord for its written approval. The Tenant shall not commence its shopfitting (save to the extent that the Landlord has otherwise authorised the Tenant to do so until such time as the Landlord has in writing approved the proposed shop design. It is specifically recorded that the Landlord shall use its best efforts to grant the Tenant access to the premises on the Access Date. The Tenant undertakes to commence with shopfitting of the premises within 72 (seventy - two) hours of the Access Date.",
            "page": 8
        },
        {
            "section": "ANNEXURE",
            "number": "2.2.2",
            "text": "The Tenant undertakes by the Commencement Date to have completed the shopfitting of the Premises to the reasonable satisfaction of the Landlord in accordance with the shop design approved by the Landlord and to the standard of workmanship, and quality of materials and finishes reasonably acceptable to the Landlord. The Tenant further undertakes during the currency of this Lease and any extension thereof to retain the shopfitting in the same good order, condition and style. In fitting the shop out the Tenant shall use shopfitters, joiners and other craftsmen and/or artisans or workmen approved in writing by the Landlord's representative which approval shall not be unreasonably withheld. Furthermore, no signage shall be erected or displayed at, in or on the Premises and/or Building without the prior written approval of the Landlord. The Landlord retains the right during the currency of this Lease or any extension thereof to require the Tenant to maintain such signage in the style and condition as originally approved. The Tenant shall not deviate from the aforesaid approved shop design as represented in Annexure \"P\" (if applicable).",
            "page": 8
        },
        {
            "section": "ANNEXURE",
            "number": "2.3",
            "text": "The Tenant agrees to affect the shopfitting efficiently and to cause minimal disruption to the other users of the Building. The Tenant shall ensure that its agents, employees, workmen, contractors, sub-contractors and suppliers, at all times comply with the instructions, procedures and protocols of the Landlord and its architects and warrants that all its contractors, sub-contractors and suppliers waive any liens to which they may be entitled. The Tenant shall forthwith and at its own cost repair any damage to the Building and/or Premises and/or Property arising out of such shopfitting. All rubble resulting from the Tenant installation shall be removed by the Tenant at intervals of no longer than 24 (twenty-four) hours, failing which the Landlord shall, without prejudice to the other rights the Landlord has under this Lease, be entitled, but not obliged, to remove same at the Tenant's cost. The Tenant indemnifies the Landlord against any loss it might suffer however arising as a result of the Tenant's breach of any of the aforesaid undertakings. In addition, and if applicable, the Tenant shall procure the necessary certificates from the Landlord's appointed contractor for the Tenant's agents, employees, workmen, contractors, sub-contractors and suppliers, as may be required in terms of the Occupational Health and Safety Act, No. 85 of 1993 (\"Occupational Health and Safety Act\").",
            "page": 9
        },
        {
            "section": "ANNEXURE",
            "number": "2.4",
            "text": "The Tenant warrants the completion of shopfitting by the Commencement Date, such date being adjusted where need be by virtue of the provisions of clause 2.5 hereunder. Any delay on the part of the Tenant in commencing shopfitting and/or completing the shopfitting shall not delay the said Commencement Date and rental shall, notwithstanding such delay, become payable from the Commencement Date.",
            "page": 9
        },
        {
            "section": "ANNEXURE",
            "number": "2.4.1",
            "text": "In addition, the Tenant shall comply strictly with the date and time requirements relating to submission of drawings and other information and details that might be required from the Landlord in connection with the approval of the shop design and further in accordance with Annexure \"P\" (if applicable). Any delay in doing so on the part of the Tenant shall not delay the date of commencement of the Lease and the rental shall, notwithstanding such delay, become payable from the Commencement Date.",
            "page": 9
        },
        {
            "section": "ANNEXURE",
            "number": "2.4.2",
            "text": "Furthermore, and without prejudice to any other rights that the Landlord has in terms of this Lease, should the Tenant fail to comply with the provisions of this sub-clause the Tenant shall be liable, in addition to any rental or other amounts payable in terms of this Lease, to pay the Landlord the penalty, as defined in Section 14 of the Schedule hereto, with effect from the Commencement Date up to and including the date that such breach is remedied.",
            "page": 9
        },
        {
            "section": "ANNEXURE",
            "number": "2.5",
            "text": "If the Landlord is unable to give the Tenant access to the Premises on the Access Date as contemplated in Section 4 of the Schedule, or interrupts the Tenant's access to the Premises prior to the opening of its shop for trading, the Tenant shall have no claim for damages or right of cancellation and shall accept access on such later date on which the Premises are available. In the event of such a delay the Tenant shall be afforded a period for shopfitting in total similar to the number of days provided as per the Beneficial Occupation Period in Section 4 of the Schedule and the Commencement Date shall be extended to the day immediately following the day on which such period for shopfitting ceases. The anniversary of the annual increases (as per Section 5 of the Schedule and Termination Date as per Section 4 of the Schedule), shall be extended accordingly. Should the Premises not be available for shopfitting within 6 (six) months of the date of the Access Date, the Tenant shall be entitled to cancel this Lease by giving the Landlord at least 1 (one) calendar month's written notice.",
            "page": 9
        },
        {
            "section": "ANNEXURE",
            "number": "2.6",
            "text": "Should any dispute arise regarding the Tenant's obligations in 2.2, 2.3, 2.4 and 2.5, such dispute shall be submitted to the on-the-spot decision of the Landlord's architect who shall determine the dispute as an expert and whose decision shall be final and binding on the Parties.",
            "page": 10
        },
        {
            "section": "ANNEXURE",
            "number": "3",
            "text": "RENTAL AND CHARGES",
            "page": 10
        },
        {
            "section": "ANNEXURE",
            "number": "3.1",
            "text": "Monthly Rental The Monthly Rental shall be paid by the Tenant to the Landlord for the duration of the Lease Period and shall be payable by the Tenant to the Landlord from the date that the Tenant first trades from the Premises, or the Commencement Date whichever is the earlier. Should the date that the Tenant first trades be prior to the Commencement Date then the Lease shall be deemed to have commenced from that date and for the avoidance of doubt, the Monthly Rental shall be payable by the Tenant from that earlier date. The Termination Date and the dates upon which escalations take effect shall however, subject to the provisions of clause 2.5 above, remain unaltered.",
            "page": 10
        },
        {
            "section": "ANNEXURE",
            "number": "3.2",
            "text": "Municipal Charges",
            "page": 10
        },
        {
            "section": "ANNEXURE",
            "number": "3.2.1",
            "text": "For the purposes of this Lease, \"Municipal Charges\" means the assessment rates and taxes, sewerage, sanitation, refuse removal, Central Improvement District levies and/or other fees, levies or charges payable from time to time by the Landlord to the local or any other responsible authority or supplier in respect of the Building and/or Property as well as the cost of electricity and water used in the Building for any purpose except that used in the various tenantable premises in the Building.",
            "page": 10
        },
        {
            "section": "ANNEXURE",
            "number": "3.2.2",
            "text": "The Tenant agrees to pay to the Landlord throughout the Lease Period, in addition to the Monthly Rental, a proportionate share of the Municipal Charges. Such proportionate share shall be calculated on the same ratio that the floor area of the Premises bears to the total lettable floor area of the Building from time to time. For the sake of clarity, the total costs (including the costs of the common area) shall be allocated to the lettable floor area for the purposes of this calculation. (The Tenant's proportionate share as at the date of signing this Lease is set out in Section 5.3 of the Schedule and may be subject to amendment from time to time in the event of alterations to the Building).",
            "page": 10
        },
        {
            "section": "ANNEXURE",
            "number": "3.2.3",
            "text": "The Tenant shall be liable for the payment of estimated amounts on account of its proportionate share of the Municipal Charges on a monthly basis. As at the Access Date, the Tenant's liability in this regard is for payment of the monthly amount as set out in Section 5.2 of the Schedule. The said amount shall be adjusted from time to time in accordance with the actual Municipal Charges as imposed by the local or other responsible authority from time to time.",
            "page": 10
        },
        {
            "section": "ANNEXURE",
            "number": "3.2.4",
            "text": "Should the Tenant dispute any decision of the Landlord as to the amounts payable by the Tenant in terms of this clause 3.2, the matter in dispute shall be referred to the Landlord's Auditors who shall determine the dispute as experts and their certificate issued on such dispute shall be final and binding on the parties. Should the amount payable by the Tenant as determined by the Landlord's Auditors be less than 3% (three per centrum) or exceed the amount payable as determined by the Landlord, the Tenant shall be liable for the costs of the Landlord's Auditors which shall be payable on demand. Notwithstanding any dispute which the Tenant may raise with respect to the Landlord's decision as to the amounts payable by the Tenant, the Tenant shall nevertheless continue to pay the amount due less the disputed portion thereof, until such time as the Landlord's Auditors have determined the dispute and issued a certificate on such dispute.",
            "page": 10
        },
        {
            "section": "ANNEXURE",
            "number": "3.2.5",
            "text": "The Tenant shall, however, be entitled to receive from the Landlord copies of all records, accounts, documents and vouchers upon which the Tenant's obligation to contribute towards the Municipal Charges is based and the Landlord, for its part, agrees and undertakes to make copies of such documents available to the Tenant within 14 (fourteen) days after receiving written request for such documents as specified by the Tenant. Such a request must specify the document sought. To the extent that a document is not specified and requested within the aforesaid period, any amount raised on the invoice to the Tenant shall be conclusive proof of the Tenant's liability for such amount.",
            "page": 10
        },
        {
            "section": "ANNEXURE",
            "number": "3.3",
            "text": "The sum of the Monthly Rental referred to in clause 3.1, the Tenant's Marketing Fund contribution as provided for in the Schedule and the Tenant's proportionate share of the Municipal Charges defined and computed in terms of clause 3.2 above shall be referred to hereinafter as \"Rental and Charges\".",
            "page": 11
        },
        {
            "section": "ANNEXURE",
            "number": "3.4",
            "text": "The Tenant shall pay the Rental and Charges monthly in advance on the first calendar day of each calendar month throughout the Lease Period and any renewal or extension thereof. Unless otherwise agreed by the Landlord in writing, payment of such amounts shall be effected through an automatic electronic funds transfer system, the requirements of which are detailed in the Debit Authorisation form contained as an Annexure \"C\" to this Lease. Nothing shall however prevent the Landlord from directing the Tenant to pay such Rental and Charges at such place as the Landlord may in writing direct. Should payment not be effected in the aforementioned approved manner, all costs, charges and/or interest levied against the Landlord by the Financial Institution will be for the Tenant's account. Should the Tenant at any time effect payment by way of a direct deposit into the Landlord's bank account and the bank levy cash deposit charges, the Landlord shall be entitled to recover such costs from the Tenant.",
            "page": 11
        },
        {
            "section": "ANNEXURE",
            "number": "3.5",
            "text": "If the Commencement Date is not the first day of a calendar month, a pro rata amount of the Rental and Charges shall be payable on signature hereof by the Tenant.",
            "page": 11
        },
        {
            "section": "ANNEXURE",
            "number": "3.6",
            "text": "The Rental and Charges and other amounts payable by the Tenant in terms of this Lease shall be made without demand, free of exchange and without any deduction or set-off whatsoever.",
            "page": 11
        },
        {
            "section": "ANNEXURE",
            "number": "3.7",
            "text": "The Landlord shall be entitled in its sole discretion to appropriate any amounts received from the Tenant towards the payment of any cause of debt or amounts owing by the Tenant to the Landlord whatsoever.",
            "page": 11
        },
        {
            "section": "ANNEXURE",
            "number": "3.8",
            "text": "The Tenant's obligations to make payment in terms of this Lease is not contingent upon the Landlord sending, and/or the Tenant receiving a statement or invoice reflecting Monthly Rental and Municipal Charges. The Tenant acknowledges and agrees that all statements, invoices and other supporting documentation shall be transmitted electronically by the Landlord and that all such statements or invoices used for the purposes of claiming input tax will be valid and binding on the Tenant and accepted as a true reflection of all transactions concluded between the Landlord and the Tenant. For the avoidance of doubt, the Tenant shall not be entitled to withhold or delay payment of any amounts owing by the Tenant to the Landlord in terms of the Lease by reason of said amounts (in part or otherwise) having been disputed, in accordance with clause 3.2.4 above, or for any other reason whatsoever.",
            "page": 11
        },
        {
            "section": "ANNEXURE",
            "number": "3.9",
            "text": "If applicable, the Turnover Rental payable by the Tenant to the Landlord during the Lease Period is set out in Section 6 of the Schedule, read with the Annexure \"A\" hereto.",
            "page": 11
        },
        {
            "section": "ANNEXURE",
            "number": "3.10",
            "text": "A certificate by the Landlord or its managing agent shall determine and prove the balance of the Tenant's indebtedness arising from this Lease at any time. It shall not be necessary to prove the appointment of authority of the person signing such certificate on behalf of the Landlord or its managing agents. The certificate shall be binding on the Tenant and shall be prima facie proof of the fact of the Tenant's indebtedness, of the amount thereof and/or that same is due and payable at the date of signature of such certificate, the production of which shall discharge any onus of proof, which may rest on the Landlord to prove any fact certified therein. Such certificate shall serve as a liquid document in any competent court for the purpose of obtaining provisional sentence or summary judgment against the Tenant thereon.",
            "page": 11
        },
        {
            "section": "ANNEXURE",
            "number": "3.11",
            "text": "For a period of 90 (ninety) days after the Commencement Date, either Party shall have the right, at its own cost, to have the Premises measured, in accordance with the SAPOA method of measurement of rentable area from time to time, and the rentable area thereof certified by an independent architect or quantity surveyor. Should the Landlord dispute the certificate by an architect or quantity surveyor instructed by the Tenant, the Landlord's architect or quantity surveyor shall re-measure the Premises in accordance with the SAPOA method of measurement of rentable area from time to time and his/her certificate as to the rentable area of the Premises (given as an expert and not as an arbitrator) shall be final and binding on the Parties. Should the area certified by the Landlord's architect or quantity surveyor differ from the approximate area set out in Section 3 of the Schedule, the Rental and Charges shall be adjusted pro rata. Should neither Party exercise its right to measure the Premises within 90 (ninety) days of the Commencement Date, such right shall lapse and the approximate square meterage in terms of Section 3 shall be deemed throughout the Lease Period to be the square meterage of the Premises. In such event, the Tenant shall not have any claim for a remission of Rental and Charges, nor shall the Landlord have any claim for increased Rental and Charges, should the actual area of the Premises differ from the approximate square meterage set out in Section 3 of the Schedule.",
            "page": 12
        },
        {
            "section": "ANNEXURE",
            "number": "4",
            "text": "SERVICES",
            "page": 12
        },
        {
            "section": "ANNEXURE",
            "number": "4.1",
            "text": "The Tenant shall be liable for and on demand pay for any charges arising out of the supply of Services, to the Premises and the common area calculated on a pro rata basis, including but not limited to electric current (howsoever generated), gas, water and refuse collection, incineration and /or compaction, independent alternative power generation (dealt with more fully below) or any other service provided for the Tenant in respect of the Premises, including water and/or electricity consumed in the operation of any air-conditioning unit/s serving the Premises. Charges shall include a service charge for separate submeters, where applicable or appropriate. Should there be no separate submeters, the Landlord shall at its cost be entitled to install a separate submeter at any time. Should no separate submeter be installed or such separate submeter for whatever reason not be functioning, the Tenant shall on a monthly basis pay a proportionate share of such charges on the same ratio that the area of the leased Premises bears to the total occupied floor area served by a particular meter from time to time. The Tenant shall pay such pro rata share of the common area in relation to any portion thereof which is serviced by a submeter as before, or not. For the sake of clarity, the total costs (including the costs of the common area) shall be allocated to the total occupied floor area for the purposes of this calculation. Should the Tenant dispute any amount payable by the Tenant in terms of this clause 4.1, the matter in dispute shall be referred to the Landlord's Auditors who shall determine the dispute as experts and their certificate issued on such dispute shall be final and binding on the Parties.",
            "page": 12
        },
        {
            "section": "ANNEXURE",
            "number": "4.1.1",
            "text": "Such services shall include the Landlord's costs of providing electricity to the Premises from any source, other than Eskom or the relevant local authority providing electricity where the Premises is situated. The Landlord shall be entitled to raise such costs (including, but not limited to, costs for fuel such as diesel) as it may deem necessary for the provision of electricity on invoice to the Tenant as may be necessary to defray the costs necessary to provide an alternative source of electricity. Such sources may include, but is not limited to, the use of solar panels or generators. The Landlord shall be entitled to raise such costs and the costs shall be measured as provided for hereinbefore and thereupon be charged to the Tenant, or the costs (if a separate submeter cannot be installed which can accurately measure the amount of electricity consumed by the Tenant) shall be apportioned as provided for hereinbefore. Nothing in this clause shall be interpreted to oblige the Landlord to provide such alternative sources of electricity.",
            "page": 12
        },
        {
            "section": "ANNEXURE",
            "number": "4.1.2",
            "text": "In the event that the Landlord supplies a generator for the purposes of providing such an additional source of electricity, the provisions of clause 4.2 shall apply to this Lease.",
            "page": 12
        },
        {
            "section": "ANNEXURE",
            "number": "4.2",
            "text": "Should generator power be supplied for the Property and/or Building and/or Premises, then:",
            "page": 12
        },
        {
            "section": "ANNEXURE",
            "number": "4.2.1",
            "text": "The Landlord shall install a generator to provide the Property and/or the Building and/or the Premises with some electricity during power failures.",
            "page": 13
        },
        {
            "section": "ANNEXURE",
            "number": "4.2.2",
            "text": "The Landlord shall be entitled to charge the Tenant and the Tenant shall be obliged to pay on demand, its pro rata share, such pro rata share being the allowance made to the Tenant from the distribution board relating to the Tenant's generator use and the pro rata share of the common areas usage, of the Landlord's monthly maintenance, service, operating, fuel and oil costs in respect of the generator, which shall exclude any costs of a capital nature.",
            "page": 13
        },
        {
            "section": "ANNEXURE",
            "number": "4.2.3",
            "text": "Notwithstanding any of the other provisions in this Lease it is specifically recorded and agreed that the Landlord is not responsible and cannot in any way guarantee the continuous supply of electricity to the Property and/or Building and/or Premises. The generator will also only supply a limited amount of power and such supply will be less than the supply provided in the normal course of business by Eskom or the relevant local authority. Accordingly, during any periods when the generator is in use, the Tenant shall not have the use of some of its equipment in the Building, Property and/or Premises including but not limited to the air- conditioners.",
            "page": 13
        },
        {
            "section": "ANNEXURE",
            "number": "4.2.4",
            "text": "The Tenant shall not be entitled to install a generator or any other form of power supply, in addition to the supply provided for by the Landlord, Eskom or the relevant local authority, without prior written consent, which consent shall not be unreasonably withheld.",
            "page": 13
        },
        {
            "section": "ANNEXURE",
            "number": "4.2.5",
            "text": "The Tenant shall have no claim of whatever nature against the Landlord whether for remission of rent, inconvenience, financial loss or for any reason whatsoever, due to any interruption or failure of power supply and the generator services to the Building, Property and/or Premises.",
            "page": 13
        },
        {
            "section": "ANNEXURE",
            "number": "4.2.6",
            "text": "The Tenant shall use the aforesaid generator at its own risk and the Tenant hereby indemnifies the Landlord, its employees, agents, servants and contractors and hold them harmless against:",
            "page": 13
        },
        {
            "section": "ANNEXURE",
            "number": "4.2.6.1",
            "text": "any and all claims of whatsoever nature arising from the Tenant's use of the Landlord's generator; and",
            "page": 13
        },
        {
            "section": "ANNEXURE",
            "number": "4.2.6.2",
            "text": "any and all claims of whatsoever nature arising from any interruption of the power supply to the leased Premises.",
            "page": 13
        },
        {
            "section": "ANNEXURE",
            "number": "4.3",
            "text": "Nothing contained in this Lease shall be interpreted in such a way as to place any obligation on the Landlord to either:",
            "page": 13
        },
        {
            "section": "ANNEXURE",
            "number": "4.3.1",
            "text": "Install a generator servicing the Building and/or Property and/or Premises;",
            "page": 13
        },
        {
            "section": "ANNEXURE",
            "number": "4.3.2",
            "text": "Keep any generator, if installed, in a serviceable, operable and working condition;",
            "page": 13
        },
        {
            "section": "ANNEXURE",
            "number": "4.3.3",
            "text": "Take any steps whatsoever to ensure a supply of electricity to the Building and/or Property and/or Premises; and/or",
            "page": 13
        },
        {
            "section": "ANNEXURE",
            "number": "4.3.4",
            "text": "Reimburse, refund, or credit the Tenant in respect of any failure or alleged failure by the Landlord to do any of the aforegoing.",
            "page": 13
        },
        {
            "section": "ANNEXURE",
            "number": "4.4",
            "text": "In the event that the Tenant pays for any such service directly to the local authority or other supplier, then the Landlord shall be entitled to require the Tenant to provide it with written proof of such payment from time to time and the Tenant shall furnish such proof to the Landlord within 7 (seven) days of the Landlord's request.",
            "page": 13
        },
        {
            "section": "ANNEXURE",
            "number": "4.5",
            "text": "The Landlord has a real and substantial interest in the due and punctual payment by the Tenant of all Services set out in this clause 4 and the Municipal Charges set out in clause 3.2 as the Landlord pays the appropriate service provider for the Services and Municipal Charges and recovers such payment from the Tenant in arrears. Furthermore, the Landlord remains liable for payment of such Services and Municipal Charges whatsoever the nature thereof, to the relevant service provider, alternatively the authority for so long as the Services are provided to the Tenant.",
            "page": 13
        },
        {
            "section": "ANNEXURE",
            "number": "4.6",
            "text": "By virtue of the fact that the provision of the Services and Municipal Charges arises strictly from a contractual relationship between the Landlord and the Tenant for the provisions of these Services, the consequences for the Tenant's failure to maintain punctual payment for such Services means that in addition to the Breach provision in clause 15 hereof, the Tenant agrees as follows: -",
            "page": 14
        },
        {
            "section": "ANNEXURE",
            "number": "4.6.1",
            "text": "Where the Tenant fails to pay any amount of Municipal Charges and Services required to be paid by the Tenant in terms of this Lease, in order to mitigate the Landlord's liability resulting from the Tenant's non-payment, the Landlord shall be entitled without further notice to the Tenant to make payment of such Municipal Charges and Services.",
            "page": 14
        },
        {
            "section": "ANNEXURE",
            "number": "4.6.2",
            "text": "The Tenant acknowledges that the Tenant's entitlement to be provided with electricity and/or water is a personal, purely contractual right, and cannot be construed as an incident of possession of the property. The rights to be provided with electricity and water are part and parcel of the reciprocal obligations in terms of this Lease, and apart from the Tenant performing its obligations in terms of this Lease, the Tenant has no right to be supplied with electricity and water. Accordingly, disconnection of electricity and/or water by the Landlord subsequent to non-payment for electricity and/or water by the Tenant will not be an act of spoliation.",
            "page": 14
        },
        {
            "section": "ANNEXURE",
            "number": "4.7",
            "text": "The Tenant shall remain liable to the Landlord for the costs of such Municipal Charges and Services and any non-payment thereof by the Tenant shall constitute a material breach of this Lease. The Landlord shall, however, not be obliged to take any steps to provide Services as aforesaid where the Tenant has failed to make payment of any amount of Municipal Charges and Services. The sole responsibility to ensure that the Premises' Services remain connected shall be with the Tenant and the Tenant shall remain obliged to keep the accounts for Municipal Charges and Services up to date.",
            "page": 14
        },
        {
            "section": "ANNEXURE",
            "number": "4.8",
            "text": "The Tenant shall have no claim of whatever nature against the Landlord whether for remission of rent, inconvenience, damages, financial loss or for any reason whatsoever, by reason of any interruption or failure of power supply, solar and or generator services to the Building, and/or Premises including the suspension of Services.",
            "page": 14
        },
        {
            "section": "ANNEXURE",
            "number": "4.9",
            "text": "Should the Landlord offer a \"Bluetooth\" communications system in the Building, the Tenant shall not be permitted to operate its own \"Bluetooth\" equipment but shall be obliged, should it wish to use \"Bluetooth\" technology to communicate with shoppers, to make use of the Landlord's system upon such terms and conditions as may be agreed between the parties. If the Landlord does not provide \"Bluetooth\" technology and the Tenant makes use of its own \"Bluetooth\" equipment to communicate with shoppers, the Tenant shall provide the Landlord with a certified copy of its ICASA (Independent Communication Authority South Africa) certificate.",
            "page": 14
        },
        {
            "section": "ANNEXURE",
            "number": "5",
            "text": "USE OF PREMISES",
            "page": 14
        },
        {
            "section": "ANNEXURE",
            "number": "5.1",
            "text": "The Tenant shall use the Premises solely for the purposes set out in Section 7 of the Schedule and under its trade name set out in Section 7 of the Schedule and acknowledges that it shall not have an exclusive right to any particular type of business being conducted in the Building.",
            "page": 14
        },
        {
            "section": "ANNEXURE",
            "number": "5.2",
            "text": "The Landlord does not warrant that the Premises are suitable for the purposes of the Tenant nor that it will be granted any licence or consent in respect of its business and the Premises are let \"voetstoots\".",
            "page": 14
        },
        {
            "section": "ANNEXURE",
            "number": "5.3",
            "text": "It is recorded that the shape, location and area of the Premises described in the Floor Plan marked as Annexure \"D\" hereto are approximate, are not necessarily to scale and is not intended to be a warranty or representation that the Premises will be exactly as reflected on such Floor Plan.",
            "page": 14
        },
        {
            "section": "ANNEXURE",
            "number": "5.4",
            "text": "The Tenant shall have the reasonable use of common areas, service roads, loading facilities, toilets and conveniences provided for the general benefit of the tenants of the Building. The Landlord shall have the right to cause the removal of any persons from the common areas or to deny persons the use of the common areas. Save for the loading or unloading of goods by bona fide customers of the Tenant, the Tenant shall not permit any loading or unloading of goods through the customer entrances of the Building or Premises.",
            "page": 15
        },
        {
            "section": "ANNEXURE",
            "number": "5.5",
            "text": "The Tenant shall have access to the Premises at all times. However, should the Tenant require access to the Premises outside the business hours applicable to the Building from time to time, the Landlord shall be entitled to impose such conditions as the Landlord deems necessary for proper administration, security and recovery of costs for granting such access to the Tenant.",
            "page": 15
        },
        {
            "section": "ANNEXURE",
            "number": "5.6",
            "text": "The hire or reservation of parking space is to be agreed upon separately from this Lease. The Landlord does not undertake that there will be sufficient parking for the Tenant's customers, visitors or employees.",
            "page": 15
        },
        {
            "section": "ANNEXURE",
            "number": "5.7",
            "text": "Both Parties shall comply with and not contravene or permit the contravention of all applicable laws (including but not limited to the Occupational Health and Safety Act and the National Building Regulations and Building Standards Act, No. 103 of 1977), by-laws and regulations (which regulations shall without limiting the generality thereof include the National Building Regulations and SABS (South African Bureau of Standard) codes). In particular, but without derogating from the aforegoing, the Tenant shall comply (and also procure such compliance from any person(s) entering the Premises) with all applicable laws relating to the conduct of any business carried on in the Premises. The Landlord shall ensure that upon handover of the premises to the Tenant, the structural, electrical, fire protection and plumbing installations therein are compliant with all requirements of the local and/or other authority having jurisdiction. It shall be the Tenant's responsibility to ensure that its internal structural, electrical, fire protection and plumbing installations are such as to comply with the requirements of the local and/or other authority having jurisdiction, and the Tenant shall further be responsible for ensuring that it is in possession of all relevant licences and permits applicable to its business. Should the Tenant fail to remedy any non- compliance within 7 (seven) days of being called upon to do so in writing by the Landlord, the Landlord shall be entitled to enter upon the Premises in order to carry out the necessary work and to recover the costs incurred in so doing, as certified by the Landlord's quantity surveyor (as may be appointed by the Landlord from time to time at its sole discretion), from the Tenant, who shall pay such costs upon demand. The Tenant shall not contravene or permit the contravention of any of the conditions of title under which the Property is held by the Landlord or any of the provisions of the Town Planning Scheme applicable to the Property and not do or cause or permit to be done in or about the Premises anything which may be or cause a nuisance or disturbance to other occupants of the Building or occupiers of neighbouring premises. Nothing in this clause shall entitle the Tenant or any person to oblige the Landlord to take action in terms of this clause nor shall the Tenant or person derive any rights from the provisions of this clause. The Tenant waives its right to claim to damages from the Landlord as may arise from the Landlord's non-compliance with this clause.",
            "page": 15
        },
        {
            "section": "ANNEXURE",
            "number": "6",
            "text": "ALTERATIONS AND ADDITIONS",
            "page": 15
        },
        {
            "section": "ANNEXURE",
            "number": "6.1",
            "text": "Save as in accordance with the approved shop design referred to in clause 2.2 above, and subject further to the terms of Annexure \"P\" (if applicable) the Tenant shall not make any alterations or additions to the Premises without the Landlord's prior written consent, which consent shall not be unreasonably withheld.",
            "page": 15
        },
        {
            "section": "ANNEXURE",
            "number": "6.2",
            "text": "Any alterations or additions made with or without the written consent of the Landlord which are of a permanent nature including but not limited to items such as plumbing, partitioning, flooring, tiling, carpeting, electrical installations, panelling and such shall become the property of the Landlord without compensation to the Tenant or any lien or right of retention whatsoever. Notwithstanding the aforegoing, the Landlord shall be entitled at any time to require the Tenant to remove, at its cost, any alterations or additions so made or made without its consent and at the termination of the Lease shall be entitled to require the Tenant to remove, at its cost any alterations or additions whether made with or without the Landlord's consent. In addition, the Tenant hereby waives in favour of the Landlord any liens of whatsoever nature which it may have in respect of the Premises including any physical, financial, or aesthetic improvements which it may have made to the Premises or the Building throughout the currency of this Lease and during any renewal or extension thereof.",
            "page": 15
        },
        {
            "section": "ANNEXURE",
            "number": "6.3",
            "text": "Should the Landlord consent to alterations and additions, the Landlord shall be entitled to approve contractors, plans and specifications and the Landlord shall also have the right to nominate (at its sole discretion) any professional consultants necessary to supervise the work at the Tenant's expense, without incurring any liability whatsoever. Local authority approval shall be obtained by the Tenant before commencement of the work. In the event that the Tenant effects improvements, alterations or additions to the leased Premises it shall provide \"as-built\" plans to the Landlord upon completion of the improvements, alterations or additions together with any relevant certificate of compliance. In the event that the Tenant fails to procure the relevant approvals and/or provide the aforesaid plans and/or certificate(s) the Landlord shall be entitled to effect the drawing thereof and/or obtain such approvals and/or certificates and claim the cost thereof from the Tenant.",
            "page": 16
        },
        {
            "section": "ANNEXURE",
            "number": "6.4",
            "text": "Within 7 (seven) days of the completion of any alterations and additions undertaken from time to time, and on termination of this Lease, the Tenant shall provide the Landlord with a certificate of compliance in respect of electrical and plumbing installations in the Premises.",
            "page": 16
        },
        {
            "section": "ANNEXURE",
            "number": "7",
            "text": "MAINTENANCE",
            "page": 16
        },
        {
            "section": "ANNEXURE",
            "number": "7.1",
            "text": "The Landlord shall maintain in good order and repair during the currency of this Lease: -",
            "page": 16
        },
        {
            "section": "ANNEXURE",
            "number": "7.1.1",
            "text": "The roof and exterior of the Building (excluding advertising signs);",
            "page": 16
        },
        {
            "section": "ANNEXURE",
            "number": "7.1.2",
            "text": "Air-conditioning installation(s)/unit(s) forming part of the Premises at the commencement of this Lease or subsequently installed by the Landlord;",
            "page": 16
        },
        {
            "section": "ANNEXURE",
            "number": "7.1.3",
            "text": "Lifts or escalators (if any) forming part of the Premises;",
            "page": 16
        },
        {
            "section": "ANNEXURE",
            "number": "7.1.4",
            "text": "Window panels, glass and plate glass forming part of the Building or Premises (excluding Premises shopfronts), and",
            "page": 16
        },
        {
            "section": "ANNEXURE",
            "number": "7.1.5",
            "text": "Appurtenances forming part of the structure of the Building or Premises. However, the Tenant shall be liable for the cost of any repairs to the items named above in this clause 7.1 arising from the acts or omission of the Tenant, its guests, contractors and/or its employees.",
            "page": 16
        },
        {
            "section": "ANNEXURE",
            "number": "7.2",
            "text": "The Tenant shall at its cost maintain in good order and repair during the currency of this Lease: -",
            "page": 16
        },
        {
            "section": "ANNEXURE",
            "number": "7.2.1",
            "text": "The interior of the Premises, including any fixtures and fittings forming part of the interior of the Premises and shopfronts.",
            "page": 16
        },
        {
            "section": "ANNEXURE",
            "number": "7.2.2",
            "text": "Any appurtenances (excluding the items named above in clause 7.1), gardens, yard, paved areas, gates and other areas which are designated for the exclusive use of the Tenant. The Tenant shall undertake the regular servicing of all such appurtenances as required in terms of any law, by-law, municipal regulation or the regulations promulgated under the Occupational Health and Safety Act, or in terms of the manufacturer's recommendations.",
            "page": 16
        },
        {
            "section": "ANNEXURE",
            "number": "7.3",
            "text": "Should the Tenant fail to repair, replace or maintain the Premises as set out above in clause 7.2, the Landlord shall be entitled to effect such repairs and bill the Tenant for the costs of such repairs who shall pay such expense on demand.",
            "page": 16
        },
        {
            "section": "ANNEXURE",
            "number": "7.4",
            "text": "The Tenant shall give the Landlord written notice within 14 (fourteen) days after the Commencement Date of this Lease of any patent defects and within 5 (five) days after the discovery of any latent defects in the Premises or any fittings, equipment or appurtenances of whatsoever nature therein. Failing such notice, or after the remedying of any defects stated in any such notice, the Tenant shall be deemed to have accepted the Premises as being complete and without any defect therein. For the purposes of this clause, the term \"appurtenances\" means all the installations and appliances in the Premises and includes, without prejudice to the generality of the term, any keys, locks, windows, toilet bowls and cisterns, basins, water taps and fittings. Failure by the Landlord to repair any patent or latent defects in the Premises shall not be regarded as a breach by the Landlord.",
            "page": 17
        },
        {
            "section": "ANNEXURE",
            "number": "7.5",
            "text": "The Landlord shall be entitled to complete the Building or to affect any repairs, alterations or improvements and additions to the Building and to install all necessary equipment to bring about such work as may be required. The Landlord, its contractors, sub-contractors, architect and quantity surveyor shall be entitled to enter upon the Premises in order to do such work and the Tenant shall not have a claim for compensation, damages or remission of rental by reason of any interference with the Tenant's occupation of the Premises arising from such repairs, alterations or improvements and/or additions including but not limited to any temporary interruption or cessation of any Services to the Premises. Save in the event of emergency when the Landlord, its contractors, sub-contractors, architect and quantity surveyor shall be entitled to enter the Premises forthwith, the Landlord shall consult with the Tenant concerning the timing of such work in order to reach an agreement thereon. However, the Landlord may (in the case of the Parties failing to agree) provide the Tenant with 72 (seventy-two) hours' written notice and thereupon commence such works.",
            "page": 17
        },
        {
            "section": "ANNEXURE",
            "number": "7.6",
            "text": "In effecting the repairs, alterations or improvements and additions to the Building or Premises, the Landlord, its contractors, sub-contractors, architect and quantity surveyor shall be entitled to suspend, hoist, erect scaffolding, place building/construction equipment and the like in the immediate vicinity of the Premises, and take such steps as may otherwise be reasonably necessary, and the Tenant shall have no claim of whatsoever nature against the Landlord.",
            "page": 17
        },
        {
            "section": "ANNEXURE",
            "number": "8",
            "text": "LANDLORD'S RIGHT OF ENTRY The Landlord shall (otherwise than as provided for in the Lease) be entitled to enter the Premises with prior notification to the Tenant of the Landlord's intention to do so, save in the event of emergency when the Landlord shall be entitled to enter the Premises forthwith.",
            "page": 17
        },
        {
            "section": "ANNEXURE",
            "number": "9",
            "text": "INSURANCE",
            "page": 17
        },
        {
            "section": "ANNEXURE",
            "number": "9.1",
            "text": "The Tenant shall obtain and maintain, for the duration of this Lease, at its cost suitable and adequate insurance cover, including but not limited to General and Tenants Public Liability Insurance, in the amount of no less than R20 000 000.00 (Twenty Million Rand). The Tenant shall provide the Landlord with proof of such insurance cover upon request and the Landlord shall be entitled to approve the terms attaching to the said policy and at its discretion, to inspect, review and require the Tenant to amend the insurance including the terms attaching to the policies without incurring any obligation or liabilities as a consequence thereof.",
            "page": 17
        },
        {
            "section": "ANNEXURE",
            "number": "9.2",
            "text": "The Tenant shall during the currency of this Lease or any extension thereof at its cost maintain adequate insurance against all risks that the Tenant bears under this Lease and without limiting the aforegoing shall include loss (including consequential loss) or damage arising from business interruption in any manner or form (including contagious diseases fire, smoke including fumes and gases, spontaneous combustion, steam, fermentation, charring, lightning, thunderbolt, explosion, Earth movement, earthquake, volcanic eruption, Riot and Strike, Special Perils, malicious damage, damage caused by thieves, theft, subsidence and landslip, power surge, and other risks and the Tenant indemnifies the Landlord against any such claim arising from such loss or damage.",
            "page": 17
        },
        {
            "section": "ANNEXURE",
            "number": "9.2.1",
            "text": "Special Perils shall mean: - the part of the Tenant, its guests, contractors and/or its employees, or any person or party for whose acts or omission Tenant is vicariously liable.",
            "page": 17
        },
        {
            "section": "ANNEXURE",
            "number": "10",
            "text": "LIABILITY",
            "page": 19
        },
        {
            "section": "ANNEXURE",
            "number": "10.1",
            "text": "Save for instances of the Landlord's gross negligence and/or wilful misconduct, the Landlord shall not be responsible for: -",
            "page": 19
        },
        {
            "section": "ANNEXURE",
            "number": "10.1.1",
            "text": "any loss or damage to any stock-in-trade, equipment, fixtures and fittings, machines or articles kept in the Premises (whether the property of the Tenant or that of anyone else); or",
            "page": 19
        },
        {
            "section": "ANNEXURE",
            "number": "10.1.2",
            "text": "any injury or death sustained by any person in the Premises, through any cause beyond the Landlord's control.",
            "page": 19
        },
        {
            "section": "ANNEXURE",
            "number": "10.2",
            "text": "The Landlord shall not be liable to the Tenant for any claims, loss, costs, injury, or damages suffered by the Tenant as a result of a breach by the Landlord of its responsibilities and obligations in terms of this Lease or arising in any other way from the negligence or wilful acts of the Landlord, its employees or contractors, or any person or party for whose acts or omission the Landlord is vicariously liable.",
            "page": 19
        },
        {
            "section": "ANNEXURE",
            "number": "10.3",
            "text": "The Tenant indemnifies and holds the Landlord harmless from all claims, demands, and causes of action made against the Tenant by any person or entity for injury, death, loss or damage resulting from the Tenant or any other party for whom the Tenant is vicariously liable including its guests, contractors and employees' acts or omission.",
            "page": 19
        },
        {
            "section": "ANNEXURE",
            "number": "10.4",
            "text": "Notwithstanding anything to the contrary contained in this Lease, the Landlord shall not be liable to the Tenant for any consequential damages (including but not limited to special losses or loss of profit) of whatsoever nature and howsoever arising.",
            "page": 19
        },
        {
            "section": "ANNEXURE",
            "number": "10.5",
            "text": "The Tenant shall not be entitled to cancel this Lease, or reduce any amounts payable to the Landlord in terms of the Lease, or fail to pay any such amounts as a result of such damage, losses or injury as set out above.",
            "page": 19
        },
        {
            "section": "ANNEXURE",
            "number": "10.6",
            "text": "Should the Building still be in the course of construction, renovation and/or redevelopment at the commencement of this Lease, any time within the Lease Period and/or any extended period thereof, the Tenant acknowledges that the Tenant must necessarily suffer a certain amount of inconvenience from building operations and from noise and dust resulting therefrom as well as from the interruption in the supply of electricity, gas, water, air-conditioning installation or other amenities and that the Tenant will have no claim against the Landlord for compensation or damages or for a remission of any amounts due to the Landlord in terms of the Lease by reason of any such inconvenience during the period of completion.",
            "page": 19
        },
        {
            "section": "ANNEXURE",
            "number": "11",
            "text": "SUBLETTING AND CHANGE IN CONTROL",
            "page": 19
        },
        {
            "section": "ANNEXURE",
            "number": "11.1",
            "text": "The Tenant shall not wholly or partially transfer, cede, assign, pledge or hypothecate any of its rights and obligations in terms of this Lease to another, sublet the Premises or part thereof or give up occupation or possession thereof or part thereof to any other person without the prior written consent of the Landlord. Without prejudice to the Landlord's rights to determine what is reasonable, it is agreed that the withholding of consent on the grounds that the Landlord's interest in maintaining a commercially advantageous tenant mix in the Building and/or in the receipt of Turnover Rental would, in the Landlord's opinion, be prejudiced by such sub-letting, shall be deemed reasonable. Further the tenant shall bear the onus of proving the unreasonableness of the withholding of consent by the Landlord.",
            "page": 19
        },
        {
            "section": "ANNEXURE",
            "number": "11.2",
            "text": "If the Tenant is neither a natural person nor a company whose shares are listed on a recognised stock exchange, a change in control of the Tenant without the written consent of the Landlord shall be deemed to be a breach of this Lease and the Tenant warrants that it shall procure the consent of its controlling body to the provisions of this sub-clause.",
            "page": 19
        },
        {
            "section": "ANNEXURE",
            "number": "12",
            "text": "TENANT'S GENERAL OBLIGATIONS The Tenant shall: -",
            "page": 20
        },
        {
            "section": "ANNEXURE",
            "number": "12.1",
            "text": "clean the exterior of its shopfront and advertising signs and keep the Premises in a clean condition;",
            "page": 20
        },
        {
            "section": "ANNEXURE",
            "number": "12.2",
            "text": "at all times ensure that shop Premises are adequately stocked and properly staffed and shall not in any manner obscure or allow shop windows to be obscured;",
            "page": 20
        },
        {
            "section": "ANNEXURE",
            "number": "12.3",
            "text": "keep the Premises continuously open and trading during the business hours of the Building, as detailed in Landlord's House Rules annexed hereto and marked as \"G\". The Landlord shall reasonably determine such business hours and days from time to time and advise the Tenant thereof in writing. Without prejudice to any other rights the Landlord has under and in terms of this Lease, if the Tenant fails to comply with the provisions of this sub-clause the Tenant shall be liable, in addition to any rental or other amounts payable in terms of this Lease, to pay the Landlord the daily penalty referred to in Section 14 of the Schedule for each full business day that the Tenant is in breach of these provisions or the hourly penalty for each hour that the Tenant is in breach of these provisions, if the Tenant is in breach for less than a full business day as determined herein above. The Tenant shall however be entitled to open the Premises for trading hours in excess of the business hours of the Building subject to the provisions of this Lease, and furthermore that the extended trading hours do not conflict with any restrictions of trading hours imposed by any authority which has the powers to circumscribe trading hours;",
            "page": 20
        },
        {
            "section": "ANNEXURE",
            "number": "12.4",
            "text": "pay for the replacement of all lamps, starters, ballasts and incandescent lamps used in the Premises and shall not interfere with the electrical installation or any other installation or equipment belonging to the Landlord and shall not overload the electrical system or any other service;",
            "page": 20
        },
        {
            "section": "ANNEXURE",
            "number": "12.5",
            "text": "not attach to the walls, ceilings or any part of the Premises fittings or equipment which may be too heavy a load therefor;",
            "page": 20
        },
        {
            "section": "ANNEXURE",
            "number": "12.6",
            "text": "not damage the walls, ceilings or any other portion of the Premises;",
            "page": 20
        },
        {
            "section": "ANNEXURE",
            "number": "12.7",
            "text": "not install any floor covering, lighting, plumbing, fixtures or shades or make any change to the shopfront, install any window covering, awning, blinds, air-conditioner or light device on or adjacent to the shopfront or any window of the Premises without the prior written consent of the Landlord",
            "page": 20
        },
        {
            "section": "ANNEXURE",
            "number": "12.8",
            "text": "prevent any blockage of any sewer, waterpipe or drain and at the Tenant's cost remove such blockage or obstruction should it occur;",
            "page": 20
        },
        {
            "section": "ANNEXURE",
            "number": "12.9",
            "text": "allow the Landlord to affix \"To Let\" or \"For Sale\" signs to the Premises and allow prospective tenants or purchasers of the Premises or Building to enter upon the Premises at all reasonable times;",
            "page": 20
        },
        {
            "section": "ANNEXURE",
            "number": "12.10",
            "text": "ensure that all advertising signs, merchandise, display tables, containers or awnings or other matter on the windows or doors or outside the Premises or decoration or display in the shopfront to a depth of 2 metres into the Premises from the shopfront shall be to the reasonable satisfaction of the Landlord and the Landlord shall be entitled to require the Tenant to remove or change same. The Tenant shall maintain such signs, decoration, display, containers, awnings or other matter in good order and condition;",
            "page": 20
        },
        {
            "section": "ANNEXURE",
            "number": "12.11",
            "text": "provide and use bins or containers for refuse removal at its cost as may be necessary or specified by the Local Authority or the Landlord and keep the bins and containers in a neat and tidy condition and replace them from time to time;",
            "page": 20
        },
        {
            "section": "ANNEXURE",
            "number": "12.12",
            "text": "pay the monthly contribution to the Marketing Fund as set out in the Schedule hereto to the Landlord. Should a Merchants' Association be established for the promotion of business in the Building, the Tenant shall join the said Association and be obliged to pay the said monthly contribution to such Association instead;",
            "page": 21
        },
        {
            "section": "ANNEXURE",
            "number": "12.13",
            "text": "ensure that the quality of merchandise shall be of a high standard at all times and not hold or permit to be held any auction at the Premises or trade as a factory shop and the Tenant shall not hold sales of merchandise or services at discount prices in the Premises at intervals of less than eight (8) weeks without the Landlord's prior written consent. Furthermore, merchandise or services shall be sold at full retail price unless sold on a sale during a predetermined and planned sale period as mentioned above;",
            "page": 21
        },
        {
            "section": "ANNEXURE",
            "number": "12.14",
            "text": "not leave or permit to be left any goods or articles upon or in the services areas, landings, stairways, fire escapes or passages or in any part of the Building or Property other than specific areas allocated for the express purposes concerned, in which areas no unreasonable accumulation of any articles or matters shall be made or permitted by the Tenant;",
            "page": 21
        },
        {
            "section": "ANNEXURE",
            "number": "12.15",
            "text": "not contravene or permit the contravention of the provisions of the Tobacco Products Control Act, No. 83 of 1993, as amended or any corresponding legislation. In the event that the Landlord becomes liable for any penalty or fine as a result of the Tenant's failure to comply with this clause, the Landlord shall be entitled to recover such fine or penalty from the Tenant who shall pay same upon demand;",
            "page": 21
        },
        {
            "section": "ANNEXURE",
            "number": "12.16",
            "text": "where the nature of the Tenant's business entails cooking on the Premises the Landlord shall be entitled to require the Tenant at the Tenant's cost to install and use appropriate cooking devices to ensure that smoke, grease and other vapours are adequately contained and/or disseminated from the Premises. The Landlord shall in its entire discretion determine the nature, type, size, specification and make of such device which the Tenant shall install. The Tenant shall retain all equipment in clean and good working order at all times. By way of explanation and without in any way limiting the Landlord's rights, it is recorded that in cooking operations that give rise to high quantities of oil vapour an automatic continuous wash type hood, as per Cyclomaze or equivalent, must be installed. Such operations as open steak grills, chip fryers etc, fall into this category. The Tenant shall be required to enter into a maintenance contract in respect of said cooking devices with contractors approved of by the Landlord. The Tenant shall ensure that any extractor fan/s, cooker hood, extractor system and any extensions or appurtenances thereto on or emanating from the Premises or grease traps installed in the sewer system of the Premises are during the currency of this Lease or any renewal thereof kept free from any obstruction, kept clean and properly maintained by a recognised specialist so as to ensure that such equipment remains in good working order at all times. The Landlord reserves the right to periodically inspect the cookers, grease traps, extract and ducting system and if not satisfied with the operation thereof, or being of the opinion that it/they constitute a fire or nuisance hazard, to take the necessary steps to rectify the system at the expense of the Tenant, or to require the Tenant to effect such rectification;",
            "page": 21
        },
        {
            "section": "ANNEXURE",
            "number": "12.17",
            "text": "provide adequate security to the reasonable satisfaction of the Landlord for the Premises, at the Tenant's sole cost and responsibility;",
            "page": 21
        },
        {
            "section": "ANNEXURE",
            "number": "12.18",
            "text": "comply with the Landlord's House Rules applicable to the Building from time to time as if these were terms and conditions of this Lease. The House Rules applicable at the date of this Lease are annexed hereto marked \"G\". The Landlord shall have the right from time to time on giving the Tenant written notice to vary, amend, add to and make reasonable House Rules;",
            "page": 21
        },
        {
            "section": "ANNEXURE",
            "number": "12.19",
            "text": "maintain high standards of customer service and shall, if called upon to do so by the Landlord, undergo such retailer training and/or customer relationship training as the Landlord may require from time to time. The Tenant shall further ensure that its employees also undergo such training, if required by the Landlord. The Tenant shall be liable for payment of the reasonable costs of such training;",
            "page": 22
        },
        {
            "section": "ANNEXURE",
            "number": "12.20",
            "text": "save if operated on a national basis, not operate or participate in any customer loyalty program or similar program in terms of which cash-back points or other rewards are given to its customers, without the prior written consent of the Landlord;",
            "page": 22
        },
        {
            "section": "ANNEXURE",
            "number": "12.21",
            "text": "accept and honour all valid gift vouchers in accordance with the gift voucher scheme operated by the Landlord from time to time tendered by its customers and shall abide by the rules of the Landlord's gift voucher scheme from time to time;",
            "page": 22
        },
        {
            "section": "ANNEXURE",
            "number": "12.22",
            "text": "upon vacating the Premises be liable for the cost of cleaning, clearing and restoring the Premises to a clean shell unless the Landlord exempts the Tenant in writing or chooses to retain such alterations or additions. The Tenant shall ensure that all reinstatement works have been completed when it restores vacant possession of the Premises to the Landlord on the Termination Date. The Tenant shall make good any damage caused to the Premises by such reinstatement works, fair wear and tear excepted. If reinstatement work is still in progress on the Termination Date, the Tenant shall be liable to the Landlord for damages for holding over in accordance with the provisions of clause 16 mutatis mutandis until such time as the reinstatement has been completed and possession of a clean shell has been restored to the Landlord. Should the Tenant fail to reinstate the Premises as set out above, the Landlord shall be entitled to effect such repairs and bill the Tenant who shall pay such expense on demand. The Tenant shall not be entitled to compensation for fixtures or fittings left in or upon the Premises on the return of vacant possession of the Premises; and",
            "page": 22
        },
        {
            "section": "ANNEXURE",
            "number": "12.23",
            "text": "be responsible for pest and rodent control at the Premises and comply with all applicable health, safety and environmental regulations relating to, inter alia, rodent infestations and control and shall take reasonable precautions to safeguard against rodent infestation. The Parties shall co-operate with each other in this regard and shall notify each other of any incidents concerning rodents and/or pests that come to their attention. The Landlord shall, without prejudice to its rights, be entitled at the Tenant's cost, to enter and take control of the Premises, or engage pest control services to combat any pests, vermin and/or rodent infestation.",
            "page": 22
        },
        {
            "section": "ANNEXURE",
            "number": "13",
            "text": "DAMAGE OR DESTRUCTION",
            "page": 22
        },
        {
            "section": "ANNEXURE",
            "number": "13.1",
            "text": "The Landlord may cancel this Lease if: -",
            "page": 22
        },
        {
            "section": "ANNEXURE",
            "number": "13.1.1",
            "text": "the Premises are destroyed or are damaged to such an extent as to be substantially untenantable; or",
            "page": 22
        },
        {
            "section": "ANNEXURE",
            "number": "13.1.2",
            "text": "there is destruction or damage to the Building or parts thereof, whether or not the Premises is involved and the Landlord determines to put an end to the tenancies in the Building in order to engage in reconstruction, renovation or rebuilding. The Tenant shall not have any claim for damages of whatsoever nature and howsoever arising by reason of the early termination of this Lease as provided above.",
            "page": 22
        },
        {
            "section": "ANNEXURE",
            "number": "13.2",
            "text": "The cancellation under clause 13.1 shall be by written notice given by the Landlord within 60 (sixty) days of the taking place of the event giving rise to the right to cancel.",
            "page": 22
        },
        {
            "section": "ANNEXURE",
            "number": "14",
            "text": "RE-BUILDING AND RELOCATION",
            "page": 23
        },
        {
            "section": "ANNEXURE",
            "number": "14.1",
            "text": "The Landlord may terminate this Lease or any renewal thereof by giving the Tenant 6 (six) months written notice to such effect in all or any of the following circumstances: -",
            "page": 23
        },
        {
            "section": "ANNEXURE",
            "number": "14.1.1",
            "text": "should the Landlord wish to demolish the Building or the Premises; or",
            "page": 23
        },
        {
            "section": "ANNEXURE",
            "number": "14.1.2",
            "text": "should the Landlord wish to reconstruct and/or redevelop and/or renovate the Building or the Premises, provided always that such reconstruction and/or redevelopment and/or renovation be of a substantial and/or major nature. The Tenant shall not have any claim for damages of whatsoever nature and howsoever arising by reason of the early termination of this Lease as provided above.",
            "page": 23
        },
        {
            "section": "ANNEXURE",
            "number": "14.2",
            "text": "The Landlord shall, however, have the right at any time to commence the reconstruction and/or redevelopment and/or renovation of the Building, other than the Premises, and these operations may proceed while the Tenant is in occupation of the Premises. Notwithstanding the implementation of any work as contemplated in this clause 14.2, the Tenant shall have no right to object to such work or to claim any remission of rental or such other charges as are due to the Landlord in terms of the Lease or have a claim for damages, howsoever arising, during the period in which the said work may be in progress.",
            "page": 23
        },
        {
            "section": "ANNEXURE",
            "number": "14.3",
            "text": "Should the Landlord wish to undertake construction and/or redevelopment and/or renovations in the vicinity of the Premises, the Landlord shall be entitled but not obliged to relocate the Tenant, and should the Landlord elect to relocate the Tenant, the following terms and conditions will apply:",
            "page": 23
        },
        {
            "section": "ANNEXURE",
            "number": "14.3.1",
            "text": "the Landlord shall, prior to commencement of the construction/redevelopment/ renovation work, be obliged to offer to the Tenant alternative premises of a similar size within the Building. The Landlord's offer shall be in writing and the Tenant shall be allowed a period of 10 (ten) days of receipt of the written notice to advise the Landlord whether or not it accepts or rejects the alternate premises proposed by the Landlord. Should the Tenant fail to respond to the Landlord within the aforesaid 10 (ten) day period, the Tenant shall be deemed to have accepted the alternate premises, and the Tenant shall relocate to the alternate premises. Should the Tenant reasonably decline the premises offered by the Landlord, the Tenant shall be entitled to continue trading from its existing Premises until such time as the Landlord has secured suitable premises approved by the Tenant. The Landlord shall be entitled to commence the work referred to in clause 14.3 and the Tenant's failure to accept alternative premises shall not bar the Landlord from doing so.",
            "page": 23
        },
        {
            "section": "ANNEXURE",
            "number": "14.3.2",
            "text": "should the Tenant approve and/or accept the alternative premises referred to in clause 14.3.1 above, the Landlord shall be responsible for the reasonable costs of such relocation, which costs shall, inter alia include, (but not be limited to) the relocation of the Tenant's installed fixtures to the alternate premises, and the provision of the same specification for the alternate premises as that provided for the Premises leased in terms of this Lease. Should any dispute arise between the parties as to the amount payable by the Landlord to the Tenant in terms hereof, such dispute shall be determined by an independent expert appointed by the parties jointly within seven days of date of the Tenant's giving the Landlord written notice of such dispute, or, failing agreement between the parties, appointed by the Chairman of SAPOA from time to time. The expert shall not act as an arbitrator and his/her decision shall be final and binding on the parties. Should the expert find that the Tenant's decision was unreasonable, the Tenant shall be obliged to relocate to the alternative premises, failing which the Landlord shall be entitled to terminate this Lease.",
            "page": 23
        },
        {
            "section": "ANNEXURE",
            "number": "14.3.4",
            "text": "the alternate premises shall with effect from the date of trading in the alternate premises be deemed to have been let to the Tenant on the same terms and conditions contained in this Lease.",
            "page": 23
        },
        {
            "section": "ANNEXURE",
            "number": "14.3.5",
            "text": "the rental rate per square metre in respect of the alternative premises shall be the same as is then currently enjoyed by the Tenant in terms of this Lease.",
            "page": 24
        },
        {
            "section": "ANNEXURE",
            "number": "15",
            "text": "BREACH",
            "page": 24
        },
        {
            "section": "ANNEXURE",
            "number": "15.1",
            "text": "Should the Tenant: -",
            "page": 24
        },
        {
            "section": "ANNEXURE",
            "number": "15.1.1",
            "text": "fail to pay any amount or any part of such amount due by the Tenant in terms of this Lease on due date; or",
            "page": 24
        },
        {
            "section": "ANNEXURE",
            "number": "15.1.2",
            "text": "commit or allow the commission of any other breach, including any breach of the conditions in Annexure \"P\" (if applicable), and fail to remedy that breach within a period of 7 (seven) days after receipt of written notice to that effect from the Landlord; or",
            "page": 24
        },
        {
            "section": "ANNEXURE",
            "number": "15.1.3",
            "text": "not take occupation of the Premises, as a result of the Tenant's own doing, on the Access Date or the Commencement Date whichever is the first; or",
            "page": 24
        },
        {
            "section": "ANNEXURE",
            "number": "15.1.4",
            "text": "not commence shopfitting within 7 (seven) days of the Access Date and beneficial occupation of the Premises being tendered by the Landlord; or",
            "page": 24
        },
        {
            "section": "ANNEXURE",
            "number": "15.1.5",
            "text": "repeatedly breach any of the terms of this Lease in such manner as to justify the Landlord in holding that the Tenant's conduct is inconsistent with the intention or ability of the Tenant to carry out the terms of this Lease; or",
            "page": 24
        },
        {
            "section": "ANNEXURE",
            "number": "15.1.6",
            "text": "participate in or become aware of: -",
            "page": 24
        },
        {
            "section": "ANNEXURE",
            "number": "15.1.6(a)",
            "text": "any step (including an application to court, proposal or convening of a meeting) being taken with a view to a moratorium, compromise, composition or similar arrangement with any of its creditors; or",
            "page": 24
        },
        {
            "section": "ANNEXURE",
            "number": "15.1.6(b)",
            "text": "a meeting of its shareholders, directors or other officers being convened for the purpose of considering any resolution for, the bringing of an application for or the filing of documents with a court or any registrar for, its winding-up, dissolution or commencement of business rescue proceedings, or for the seeking of relief under any applicable bankruptcy, insolvency, company or similar law, or any such resolution is passed; or",
            "page": 24
        },
        {
            "section": "ANNEXURE",
            "number": "15.1.6(c)",
            "text": "any person bringing an application or filing documents with a court or any registrar for its winding-up, dissolution or commencement of business rescue proceedings or seeking of relief under any applicable bankruptcy, insolvency, company or similar law; or",
            "page": 24
        },
        {
            "section": "ANNEXURE",
            "number": "15.1.6(d)",
            "text": "any order (whether a provisional or final order) for its winding-up, dissolution, commencement of business rescue proceedings or reorganisation (by way of a scheme of arrangement or otherwise) being made or other relief being granted under any applicable bankruptcy, insolvency, company or similar law; or",
            "page": 24
        },
        {
            "section": "ANNEXURE",
            "number": "15.1.6(e)",
            "text": "any liquidator, business rescue practitioner, trustee in bankruptcy, administrator or similar officer being appointed in respect of it or any of its assets; or",
            "page": 24
        },
        {
            "section": "ANNEXURE",
            "number": "15.1.6(f)",
            "text": "its shareholders, directors or other officers requesting the appointment of, or give notice of their intention to appoint, a liquidator, business rescue practitioner, trustee in bankruptcy, administrator or similar officer in respect of it or any of its assets; or",
            "page": 24
        },
        {
            "section": "ANNEXURE",
            "number": "15.1.6(g)",
            "text": "the Tenant's failure to satisfy the solvency and liquidity test as contemplated in clause 32.4; or",
            "page": 24
        },
        {
            "section": "ANNEXURE",
            "number": "15.1.6(h)",
            "text": "any enforcement/legal action is instituted over any of its assets.",
            "page": 25
        },
        {
            "section": "ANNEXURE",
            "number": "15.2",
            "text": "Should any surety of the Tenant be: -",
            "page": 25
        },
        {
            "section": "ANNEXURE",
            "number": "15.2.1",
            "text": "sequestrated or placed in liquidation or under Business Rescue or become \"financially distressed\" as defined in section 128 of the Companies Act, No. 71 of 2008 (\"Companies Act\"); or",
            "page": 25
        },
        {
            "section": "ANNEXURE",
            "number": "15.2.2",
            "text": "in the case of a Natural Person, the Tenant dies; or",
            "page": 25
        },
        {
            "section": "ANNEXURE",
            "number": "15.2.3",
            "text": "not being a natural person nor a company listed on a recognised stock exchange, undergo a change in control without the prior written consent of the Landlord (which consent shall not be unreasonably withheld or delayed); then and in any such event the Landlord shall have the right (without prejudice to any of its rights under the Lease to claim for any amounts owing in terms hereof) but shall not be obliged either:",
            "page": 25
        },
        {
            "section": "ANNEXURE",
            "number": "15.2.3(a)",
            "text": "to forthwith to cancel the Lease and to resume possession of the Premises; and/or",
            "page": 25
        },
        {
            "section": "ANNEXURE",
            "number": "15.2.3(b)",
            "text": "to claim liquidated damages which shall be computed by the number of months remaining in the Lease Period, and any renewal thereof if such a right to renewal has been exercised, multiplied by the Monthly Rental and charges and other amounts owing hereunder with annual escalations and which amount shall be immediately due and payable by reason of the Tenant's breach of contract or of the premature cancellation. A certificate issued by the Landlord or its appointed agent shall be prima facie evidence of such amounts due to the Landlord; and/or",
            "page": 25
        },
        {
            "section": "ANNEXURE",
            "number": "15.2.3(c)",
            "text": "to vary the Lease by making it thereafter terminable by 1 (one) month's written notice given by the Landlord",
            "page": 25
        },
        {
            "section": "ANNEXURE",
            "number": "15.3",
            "text": "The Landlord shall be entitled to recover all legal costs incurred by it, including Attorney and Own Client charges, tracing fees and such collection commission as the Landlord is obliged to pay to its attorneys, from the Tenant. The aforementioned costs will include, but not be limited to, costs incurred as from the date that the Landlord instructs its external attorneys for dispute resolution, debt collection and/or lease enforcement.",
            "page": 25
        },
        {
            "section": "ANNEXURE",
            "number": "15.4",
            "text": "Without prejudice to any of the other rights of the Landlord, from due date to date of payment the Tenant shall pay interest at the rate of 2% (two per centum) per month during the period while the payment is outstanding on all amounts due by the Tenant to the Landlord in terms of or arising out of this Lease, including any monies disbursed by the Landlord on behalf of the Tenant.",
            "page": 25
        },
        {
            "section": "ANNEXURE",
            "number": "15.5",
            "text": "Should the Landlord commit or allow the commission of any other breach, and fail to remedy that breach within a period of 14 (fourteen) days after receipt of a written notice to that effect from the Tenant, or, if the breach is not capable of being remedied within such 14 (fourteen) day period, within such extended period as may be reasonable having regard to the nature of the breach and the nature and extent of the remedial steps required, then and in any such event the Tenant shall have the right but shall not be obliged either: -",
            "page": 25
        },
        {
            "section": "ANNEXURE",
            "number": "15.5.1",
            "text": "forthwith to cancel the Lease; or",
            "page": 25
        },
        {
            "section": "ANNEXURE",
            "number": "15.5.2",
            "text": "to claim specific performance.",
            "page": 25
        },
        {
            "section": "ANNEXURE",
            "number": "16",
            "text": "PAYMENT OF RENTAL AND CHARGES IF CANCELLATION DISPUTED If for any reason or on any ground the Landlord disputes the Tenant's right to occupation of the Premises, the Tenant shall, pending settlement of any dispute continue to pay an amount equivalent to the sum of the Monthly Rental and Charges and any other amounts payable as provided for in this Lease, monthly in advance on the first day of each month. For the avoidance of doubt, the Landlord shall be entitled to apply the same escalation percentage, as agreed and represented in Sections 5.1 and 5.2 of the Schedule, to the Monthly Rental and Charges after the Termination Date. The Landlord shall be entitled to accept and recover such payments, without prejudice to the Landlord's rights which, without limitation, include the right to recover the actual damages suffered by it. Such payments and the acceptance thereof shall be without prejudice to and shall not in any way whatsoever affect the Landlord's claim of cancellation then in dispute. If the dispute is resolved in favour of the Landlord, the payments made and received in terms of this clause shall be deemed to be amounts paid by the Tenant on account of damages suffered by the Landlord by reason of the cancellation of the Lease or the unlawful holding-over of the Premises by the Tenant. Any invoice or statement of account issued by the Landlord containing charges of whatsoever nature for the Premises post cancellation of the Lease shall not be construed, implied or considered whatsoever to be a reinstatement, relocation or novation of the Lease.",
            "page": 26
        },
        {
            "section": "ANNEXURE",
            "number": "17",
            "text": "MONTHLY EXTENSION UPON EXPIRY",
            "page": 26
        },
        {
            "section": "ANNEXURE",
            "number": "17.1",
            "text": "Unless: -",
            "page": 26
        },
        {
            "section": "ANNEXURE",
            "number": "17.1.1",
            "text": "the Landlord gives the Tenant written notice, at least 2 (two) months prior to the Termination Date, that it requires the Tenant to vacate the Premises on the Termination Date, or",
            "page": 26
        },
        {
            "section": "ANNEXURE",
            "number": "17.1.2",
            "text": "the Tenant gives the Landlord written notice, at least 2 (two) months prior to the Termination Date, that it will vacate the Premises on the Termination Date; this Lease shall automatically be extended on a monthly basis after the Termination Date stated in Section 4 of the Schedule.",
            "page": 26
        },
        {
            "section": "ANNEXURE",
            "number": "17.2",
            "text": "All the provisions of this Lease shall continue to apply and govern the tenancy of the Premises during the period of any extension in terms of clause 17.1 (the \"Extension Period\"), save that: -",
            "page": 26
        },
        {
            "section": "ANNEXURE",
            "number": "17.2.1",
            "text": "the Lease shall be subject to termination by either party giving the other not less than 1 (one) calendar's month's prior written notice of termination; and",
            "page": 26
        },
        {
            "section": "ANNEXURE",
            "number": "17.2.2",
            "text": "the Monthly Rental and Charges payable by the Tenant during the Extension Period shall be the Monthly Rental and Charges as set out in Sections 5.1 and 5.2 of the Schedule in respect of the last year of the Lease Period, escalated by 15% (fifteen per centum), with the exception of the Services supplied to the Premises which are based on the Tenant's use, as contemplated in clause 4 hereof, unless otherwise agreed by the Landlord in writing.",
            "page": 26
        },
        {
            "section": "ANNEXURE",
            "number": "18",
            "text": "NOTICES The Parties choose as their domicilia citandi et executandi the addresses referred to in the Schedule. All notices may be delivered by hand and shall be deemed to have been received by the addressee forthwith upon hand delivery. Where notices are sent via electronic mail it shall be deemed to have been received by the addressee on date of dispatch. Notwithstanding the foregoing, a written communication actually received by one of the parties from the other including by way of electronic mail transmission shall be adequate written notice communicated to such party, notwithstanding that the notice was not delivered in accordance with this clause. The Parties may change their domicilia to another address in the Republic of South Africa of which they may advise each other in writing on not less than 7 (seven) days' notice in writing.",
            "page": 26
        },
        {
            "section": "ANNEXURE",
            "number": "19",
            "text": "WHOLE AGREEMENT",
            "page": 27
        },
        {
            "section": "ANNEXURE",
            "number": "19.1",
            "text": "This Lease contains all the terms and conditions of the agreement between the Landlord and the Tenant. The Parties acknowledge that there are no understandings, representations, promises, warranties or the like between the Landlord and the Tenant in regard to the letting of the Premises other than those set out herein.",
            "page": 27
        },
        {
            "section": "ANNEXURE",
            "number": "19.2",
            "text": "No alteration, variation of or addition to this Lease shall be of any force or effect unless it is in writing and signed by both the Landlord and the Tenant.",
            "page": 27
        },
        {
            "section": "ANNEXURE",
            "number": "19.3",
            "text": "No relaxation or indulgence, which the Landlord may show to the Tenant, shall in any way prejudice its rights hereunder. An acceptance of payment of any amount due in terms of the Lease or any other payment from the Tenant which may arise during such time as the Tenant's right to occupy the Premises is in dispute shall not prejudice the Landlord's rights or operate as a waiver or abandonment thereof or estop it from exercising any rights enjoyed by it hereunder by reason of such payment not being made strictly on due date. Unless otherwise stated by the Landlord in writing, the receipt by the Landlord or its agent of any rental or other payment shall in no way whatsoever prejudice or operate as a waiver, rescission or abandonment of any cancellation or right of cancellation effected or acquired prior to such receipt.",
            "page": 27
        },
        {
            "section": "ANNEXURE",
            "number": "19.4",
            "text": "Should any provision of this Lease be found to be unenforceable such provision shall, at the election of the Landlord, be severable and the remaining provisions of the Lease shall remain of full force and effect.",
            "page": 27
        },
        {
            "section": "ANNEXURE",
            "number": "20",
            "text": "ADMINISTRATION COSTS The Tenant shall be liable for payment of the administration costs in connection with this Lease as set out in Section 10 of the Schedule.",
            "page": 27
        },
        {
            "section": "ANNEXURE",
            "number": "21",
            "text": "DEPOSIT The Tenant shall on receipt of a copy of the fully executed lease and undercover of a valid tax invoice, pay a deposit in the amount stated in Section 11 of the Schedule. The Tenant shall be entitled at any time to obtain the release of the said deposit by providing an irrevocable bank guarantee valid until 3 (three) months after the Lease Period (including any renewal period) has expired, acceptable to the Landlord in its sole discretion, for the said amount. The Landlord shall be entitled to apply this deposit or call up the guarantee to make good any of the obligations of the Tenant in terms of this Lease. Should the Landlord apply the deposit or bank guarantee as aforesaid during the currency of the Lease, the Tenant shall, within 7 (seven) days of written demand thereto, pay the amount required (or provided a fresh bank guarantee in the amount required) to reinstate the lease security held by the Landlord to the amount as stated in Section 11 of the Schedule. The deposit or guarantee shall be retained by the Landlord until 30 (thirty) days after the expiry of the Lease and the Tenant shall not be entitled to off-set any amounts due in terms of the Lease against the deposit or guarantee. The deposit shall be repaid, or the guarantee returned, as the case may be, within 30 (thirty) days after the expiry of this Lease, subject to the proper performance of the Tenant's obligations. No interest will be repayable on the deposit. For the avoidance of doubt, the deposit shall only be repaid once the Tenant has complied with all FICA identification and verification requirements.",
            "page": 27
        },
        {
            "section": "ANNEXURE",
            "number": "22",
            "text": "CHANGE OF BUILDING NAME The Landlord shall have the right, having given the Tenant not less than (sixty) 60 days' prior written notice to change the name of the Building. The Landlord shall not be liable for any losses or damages suffered by the Tenant arising from or incidental to such change of name.",
            "page": 27
        },
        {
            "section": "ANNEXURE",
            "number": "23",
            "text": "VALUE ADDED TAX (VAT) The Tenant agrees to pay all VAT in terms of the VAT Act, No. 89 of 1991 (as amended from time to time) or other taxes leviable from time to time in law, in respect of and together with any amounts payable by the Tenant in terms of this Lease. Should the rate at which VAT is leviable alter during the subsistence of this Lease or any renewal thereof, such alteration shall be applied to the Monthly Rental and Charges and any other charges. All amounts recorded in these General Terms and Conditions, the Lease Schedule and/or any further Annexures to the Lease, will be deemed to be exclusive of VAT, unless specifically stated otherwise, and VAT at the prescribed rate will be payable in addition thereto.",
            "page": 28
        },
        {
            "section": "ANNEXURE",
            "number": "24",
            "text": "AGENT'S COMMISSION The Landlord shall only be responsible for agent's commission arising out of the introduction of the Tenant, should such agent have been appointed by the Landlord in writing. Where the Tenant has retained an agent to secure the Premises for itself the Tenant shall be responsible for the payment of any agent's commission so arising.",
            "page": 28
        },
        {
            "section": "ANNEXURE",
            "number": "25",
            "text": "SUCCESSORS IN TITLE The terms of this Lease shall be binding on the Parties hereto, their heirs, executors, successors in title or assigns, unless otherwise specified.",
            "page": 28
        },
        {
            "section": "ANNEXURE",
            "number": "26",
            "text": "ACCESS TO THE PREMISES Notwithstanding anything to the contrary contained in this Lease, the Tenant shall be entitled to occupation of the Premises on the Access Date only if the Tenant has complied with all legislative and policy requirements including but not limited to Financial Intelligence Centre Act, No. 38 of 2001 and if the administration costs referred to in clause 20 above (and Section 10 of the Schedule); the deposit referred to in clause 21 above (and Section 11 of the Schedule); and the Monthly Rental and Municipal Charges (as estimated having regard to Section 5.2 of the Schedule) in terms of the first month of the Lease Period have been paid to the Landlord in full.",
            "page": 28
        },
        {
            "section": "ANNEXURE",
            "number": "27.1",
            "text": "Where the Tenant is deprived of the use and enjoyment of at least 75% (seventy-five percent) of the Premises by circumstances that are neither reasonably foreseeable or preventable by either party, and is neither caused by the Tenant or any party for which the Tenant is vicariously liable, including but not be limited to acts of God, war, blockade, embargo, boycott, revolution, invasion, riot, sabotage, epidemics and quarantine (\"Force Majeure\"), such party may where it reasonably anticipates the prevention of its performance: -",
            "page": 28
        },
        {
            "section": "ANNEXURE",
            "number": "27.1.1",
            "text": "deliver a notice in writing to the other within 7 (seven) calendar days of the commencement of the Force Majeure event; and",
            "page": 28
        },
        {
            "section": "ANNEXURE",
            "number": "27.1.2",
            "text": "in such notice, elect to suspend the operation of the Lease for a period not exceeding the duration of the Force Majeure event, save that the parties expressly agree that the Tenant shall continue to effect payment of 60% (sixty per centrum) of Monthly Rental, and Municipal Charges, consumed by the Tenant during the Force Majeure Event, as and when they fall due.",
            "page": 28
        },
        {
            "section": "ANNEXURE",
            "number": "27.2",
            "text": "Notwithstanding the occurrence of any Force Majeure event, extension, or continuations thereof, the Tenant shall not be entitled to terminate the Lease.",
            "page": 29
        },
        {
            "section": "ANNEXURE",
            "number": "27.3",
            "text": "Should any dispute arise between the Parties in respect hereof, such dispute shall be referred to an independent expert who shall be appointed jointly between the parties in writing, such agreement to be reached within 10 (ten) days of the date of the declaration of the dispute, failing which shall be appointed by the chairperson of SAPOA, whose decision shall be final and binding between the Parties.",
            "page": 29
        },
        {
            "section": "ANNEXURE",
            "number": "28.1",
            "text": "If any dispute of whatsoever nature (in any instance, a \"Dispute\") arises between the Parties under this Lease, the provisions of this clause 28 shall apply.",
            "page": 29
        },
        {
            "section": "ANNEXURE",
            "number": "28.2",
            "text": "The Parties must use their respective reasonable endeavours to resolve the Dispute as soon as reasonably possible.",
            "page": 29
        },
        {
            "section": "ANNEXURE",
            "number": "28.3",
            "text": "If the Parties do not resolve the Dispute within 5 (five) business days of the date on which either Party in writing calls upon the other Party to resolve the Dispute, at the written instance of either Party, the Dispute may be referred to arbitration, which arbitration shall:",
            "page": 29
        },
        {
            "section": "ANNEXURE",
            "number": "28.3.1",
            "text": "be adjudicated by an arbitrator or arbitrators agreed by the Parties, provided that if the Parties are unable to reach agreement on the identity of the arbitrator(s) and/or the number of arbitrators within 3 (three) days of the dispute being referred to arbitration, the dispute shall be adjudicated by 1 (one) arbitrator nominated by AFSA;",
            "page": 29
        },
        {
            "section": "ANNEXURE",
            "number": "28.3.2",
            "text": "take place in Cape Town;",
            "page": 29
        },
        {
            "section": "ANNEXURE",
            "number": "28.3.3",
            "text": "absent manifest error, not be subject to appeal and shall be final and binding on the Parties; and",
            "page": 29
        },
        {
            "section": "ANNEXURE",
            "number": "28.3.4",
            "text": "subject to clause 28.4, otherwise be determined in accordance with the rules of AFSA.",
            "page": 29
        },
        {
            "section": "ANNEXURE",
            "number": "28.4",
            "text": "The arbitrator -",
            "page": 29
        },
        {
            "section": "ANNEXURE",
            "number": "28.4.1",
            "text": "shall have the same remedial powers as a High Court in South Africa would have were it adjudicating the dispute;",
            "page": 29
        },
        {
            "section": "ANNEXURE",
            "number": "28.4.2",
            "text": "may dispense wholly, or in part, with formal submissions or pleadings;",
            "page": 29
        },
        {
            "section": "ANNEXURE",
            "number": "28.4.3",
            "text": "shall determine the applicable procedure;",
            "page": 29
        },
        {
            "section": "ANNEXURE",
            "number": "28.4.4",
            "text": "shall not be bound by strict rules or evidence; and",
            "page": 29
        },
        {
            "section": "ANNEXURE",
            "number": "28.4.5",
            "text": "shall include such order as to costs as the arbitrator deems just and the Parties shall be entitled to have the award made an order of any court of competent jurisdiction.",
            "page": 29
        },
        {
            "section": "ANNEXURE",
            "number": "28.5",
            "text": "The provisions of this clause 28 -",
            "page": 29
        },
        {
            "section": "ANNEXURE",
            "number": "28.5.1",
            "text": "constitute an irrevocable consent by the Parties to any proceedings in terms hereof, and no Party shall be entitled to withdraw therefrom or claim at any stage in such proceedings that it is not bound by such provisions; and",
            "page": 29
        },
        {
            "section": "ANNEXURE",
            "number": "28.5.2",
            "text": "are severable from the rest of this Lease and shall remain in effect despite the termination of or invalidity for any reason of this Lease.",
            "page": 29
        },
        {
            "section": "ANNEXURE",
            "number": "31.3",
            "text": "The Landlord may, from time to time, store, transfer and Process Personal Information in and to countries outside of the Republic of South Africa. The Landlord shall take all reasonable steps necessary to ensure that any Personal Information transferred outside of the Republic of South Africa is protected and is Processed as required by POPIA and the applicable data protection laws in that country. By submitting its Personal Information to the Landlord, the Tenant consents to the transfer, processing or storage of its Personal Information outside of the Republic of South Africa.",
            "page": 31
        },
        {
            "section": "ANNEXURE",
            "number": "31.4",
            "text": "The Landlord shall: -",
            "page": 31
        },
        {
            "section": "ANNEXURE",
            "number": "31.4.1",
            "text": "use its best efforts to keep Personal Information confidential and shall not disclose any Personal Information to any other person except as required by law, save to the extent set out herein;",
            "page": 31
        },
        {
            "section": "ANNEXURE",
            "number": "31.4.2",
            "text": "utilise reasonable technical and organisational measures in accordance with best industry practice for the purpose of complying with its obligations;",
            "page": 31
        },
        {
            "section": "ANNEXURE",
            "number": "31.4.3",
            "text": "at all times comply with POPIA and other applicable laws, regulations or codes relating to data protection in the Republic of South Africa, or other requirements enforced by any relevant industry or self-regulatory body within the Republic of South Africa in furtherance of the terms and conditions of this Lease and",
            "page": 31
        },
        {
            "section": "ANNEXURE",
            "number": "31.4.4",
            "text": "not, at any time copy, compile, collect, collate, Process, mine, store, transfer, alter, delete, interfere with or in any other manner use the Personal Information for any purpose other than in furtherance of the terms and conditions of this Lease, other than with the express prior written consent of the Tenant.",
            "page": 31
        },
        {
            "section": "ANNEXURE",
            "number": "31.5",
            "text": "Where the Landlord has appointed an agent (an Operator), whose appointment need not be proved, the agent shall mutatis mutandis comply with the responsibilities set out in clause 31.4.",
            "page": 31
        },
        {
            "section": "ANNEXURE",
            "number": "31.6",
            "text": "The Tenant undertakes to separate any Personal Information from any other data provided to the Landlord for purposes of this Lease and shall designate the Personal Information as such before disclosing or otherwise making it available to the Landlord.",
            "page": 31
        },
        {
            "section": "ANNEXURE",
            "number": "31.7",
            "text": "The Tenant shall immediately notify the Landlord if there is any change to its Personal Information.",
            "page": 31
        },
        {
            "section": "ANNEXURE",
            "number": "31.8",
            "text": "The Tenant is entitled to withdraw its consent to the Processing of its Personal Information by giving written notice to the Landlord together with the grounds therefor; provided that the lawfulness of the Processing of Personal Information before such withdrawal will not be affected or the withdrawal will not affect any Processing that: -",
            "page": 31
        },
        {
            "section": "ANNEXURE",
            "number": "31.8.1",
            "text": "is necessary to carry out actions for the conclusion or performance of the Lease;",
            "page": 31
        },
        {
            "section": "ANNEXURE",
            "number": "31.8.2",
            "text": "complies with an obligation imposed by law on the Landlord;",
            "page": 31
        },
        {
            "section": "ANNEXURE",
            "number": "31.8.3",
            "text": "protects a legitimate interest of the Tenant; or",
            "page": 31
        },
        {
            "section": "ANNEXURE",
            "number": "31.8.4",
            "text": "is necessary for pursuing the legitimate interests of the Landlord or a third party to whom the Personal Information is supplied.",
            "page": 31
        },
        {
            "section": "ANNEXURE",
            "number": "31.9",
            "text": "The Tenant is entitled to: -",
            "page": 31
        },
        {
            "section": "ANNEXURE",
            "number": "31.9.1",
            "text": "object, by written notice to the Landlord, to the Processing of its Personal Information on reasonable grounds, unless legislation provides for such Processing;",
            "page": 31
        },
        {
            "section": "ANNEXURE",
            "number": "31.9.2",
            "text": "lodge a complaint to the Information Regulator, established or to be established in terms of POPIA, regarding the alleged unlawful processing of the Tenant's personal information by the Landlord.",
            "page": 31
        },
        {
            "section": "ANNEXURE",
            "number": "32",
            "text": "WARRANTIES AND UNDERTAKINGS",
            "page": 32
        },
        {
            "section": "ANNEXURE",
            "number": "32.1",
            "text": "The Tenant hereby irrevocably undertakes to notify the Landlord in writing, immediately upon the happening of any of the following events: -",
            "page": 32
        },
        {
            "section": "ANNEXURE",
            "number": "32.1.1",
            "text": "the board of directors of the Tenant (or any other delegated authority or subcommittee of the board of directors) considering whether, or becoming aware that, the Tenant is financially distressed (as such term is defined in the Companies Act as amended);",
            "page": 32
        },
        {
            "section": "ANNEXURE",
            "number": "32.1.2",
            "text": "the board of directors of the Tenant (or any other delegated authority or subcommittee of the board of directors) contemplating, considering, discussing or agreeing to the business rescue of the Tenant or proposing to take steps to place the Tenant in business rescue; or",
            "page": 32
        },
        {
            "section": "ANNEXURE",
            "number": "32.1.3",
            "text": "the Tenant becoming aware of any \"affected person\", as defined in the Companies Act, as amended, considering, proposing to take, or taking, any step to apply to court for the business rescue of the Tenant.",
            "page": 32
        },
        {
            "section": "ANNEXURE",
            "number": "32.2",
            "text": "The written notice shall set out the full details of the financial distress or the actual or proposed activity, as the case may be.",
            "page": 32
        },
        {
            "section": "ANNEXURE",
            "number": "32.3",
            "text": "The Tenant must consider, when applying the test for financial distress, the contingent liabilities of the Tenant taking into account their fair value as contemplated in the Companies Act.",
            "page": 32
        },
        {
            "section": "ANNEXURE",
            "number": "32.4",
            "text": "The Tenant irrevocably undertakes to annually conduct a solvency and liquidity test (as such term is defined in the Companies Act, as amended) on each anniversary of the Commencement Date to determine whether the Tenant is in financial distress, and shall furnish the results thereof to the Landlord in writing within 5 (five) business days of undertaking such test, including in such results all supporting documentation and reports. The failure of the Tenant to provide the results of the solvency and liquidity test to the Landlord within 5 (five) business days of month end, following the anniversary of the Commencement Date, shall constitute a breach of this Lease. * * * * * * * * * * * * * * * * * FOR AND BEHALF OF THE LANDLORD LANDLORD (FULL NAME) WITNESS WITNESS (FULL NAME) FOR AND BEHALF OF THE TENANT TENANT (FULL NAME) WITNESS WITNESS (FULL NAME) Annexure \"A\" TURNOVER RENTAL CLAUSE",
            "page": 32
        },
        {
            "section": "ANNEXURE",
            "number": "1",
            "text": "In addition to the rental payable each month, the Tenant shall pay to the Landlord a Turnover Rental.",
            "page": 34
        },
        {
            "section": "ANNEXURE",
            "number": "2",
            "text": "The Turnover Rental shall be calculated by multiplying the annual Turnover of the Tenant for the year preceding each anniversary of the Tenant's financial year end (including any part thereof as it coincides with the lease term) by the percentage stated in Section 6 of the Schedule, and, if the resultant amount is greater than the Monthly Rental excluding any VAT content payable for the said year (as set out in Section 5.1 of the Schedule), then such excess plus VAT thereon is to be paid to the Landlord as Turnover Rental.",
            "page": 34
        },
        {
            "section": "ANNEXURE",
            "number": "3",
            "text": "The Tenant shall submit to the Landlord on or before the second business day following the end of each calendar month during the subsistence of this Lease (plus any partial calendar month if this Lease does not commence on the first day of a calendar month) a written statement duly signed by the Tenant and certified by it to be true and correct, showing in reasonably accurate detail the amount of the Tenant's Turnover as defined in 7 below for each day of the preceding calendar month. Should the Tenant fail to comply with the provisions of this clause, the Tenant shall be liable, in addition to any rental or other amounts payable in terms of this Lease and without prejudice to the Landlord's other rights in terms of this Lease, for payment of the daily penalty referred to in Section 14 of the Schedule, for each day that such non-compliance endures.",
            "page": 34
        },
        {
            "section": "ANNEXURE",
            "number": "4",
            "text": "Within 60 (sixty) days after each anniversary of the financial year (including any part thereof) thereof the Tenant shall furnish to the Landlord with a Factual Findings Report on turnover including all information and the findings on all procedures performed for the year preceding such anniversary in accordance with the pro forma report annexed hereto, marked Annexure \"I\", and together with such report shall pay to the Landlord the amount of the Turnover Rental, if any. Should the Tenant fail to submit the said report timeously, the Tenant shall be liable, without prejudice to the Landlord's other rights in terms of this Lease, for payment of the daily penalty referred to in Section 14 of the Schedule, for each day that such default endures.",
            "page": 34
        },
        {
            "section": "ANNEXURE",
            "number": "5",
            "text": "Should the Landlord for any reason whatsoever, including the loss of any records by the Tenant or the failure on the part of the Tenant to submit a report in terms of 4 above, be unable to determine or verify the Turnover Rental at any time, the Landlord shall be entitled to estimate the Tenant's Turnover for the relevant period based on the monthly turnover statements furnished by the Tenant in terms of 3 above and such other factors as the Landlord may, in its sole discretion, deem fair and reasonable. Until such time as a report in terms of clause 4 has been furnished by the Tenant and/or verified to the Landlord's reasonable satisfaction, the Tenant shall be bound by the Landlord's determination and shall, if applicable, pay the Turnover Rental calculated on the basis of such estimated Turnover upon demand by the Landlord.",
            "page": 34
        },
        {
            "section": "ANNEXURE",
            "number": "6",
            "text": "Should the monthly turnover statements submitted by the Tenant in terms of 3 above indicate that the Tenant is likely to be liable for the payment of Turnover Rental the Landlord shall be entitled to calculate the Tenant's projected Turnover Rental on the basis of such monthly turnover statements on a quarterly basis and to recover projected Turnover Rental as provisional payments on account of Turnover Rental from the Tenant on a quarterly basis. Such provisional payments shall be reconciled against the Turnover Rental payable by the Tenant when the report referred to in 4 above is delivered and the necessary financial adjustments shall be effected between the Parties within 14 (fourteen) days of such delivery.",
            "page": 34
        },
        {
            "section": "ANNEXURE",
            "number": "7",
            "text": "\"Turnover\" shall mean and include: The aggregate amount of actual selling prices (including any deposits and instalments) of all goods sold, and the charges for all services rendered or performed and rentals received for goods let by the Tenant in, at, on or from the Premises whether made in cash and/or credit or otherwise and including (but without limiting the generality of the foregoing) all sales, leases and services:",
            "page": 34
        },
        {
            "section": "ANNEXURE",
            "number": "7.1",
            "text": "the orders for which originate at or are received or accepted or recorded by the Tenant in the Premises but delivery or performance thereof is made from or at any place other than the premises, or vice versa;",
            "page": 35
        },
        {
            "section": "ANNEXURE",
            "number": "7.2",
            "text": "the orders for which originate at or are received or accepted or recorded by the Tenant on-line or at any place other than the Premises but delivery or performance thereof is made from or at, in or from the premises",
            "page": 35
        },
        {
            "section": "ANNEXURE",
            "number": "7.3",
            "text": "made or rendered by means of mechanical or other vending devices in the premises;",
            "page": 35
        },
        {
            "section": "ANNEXURE",
            "number": "7.4",
            "text": "made or rendered as a result of transactions originating upon the premises;",
            "page": 35
        },
        {
            "section": "ANNEXURE",
            "number": "7.5",
            "text": "which the Tenant would, in the normal or customary course of his business, credit or attribute to the Tenant's business upon the Premises or part or parts thereof; and all monies or other things of value received by the Tenant from the Tenant's business in or on the Premises and sales not included in the foregoing but made or performed in such manner as to deprive the Landlord of the benefit thereof. The following shall be excluded from \"Turnover\":",
            "page": 35
        },
        {
            "section": "ANNEXURE",
            "number": "7.6",
            "text": "Value Added Tax;",
            "page": 35
        },
        {
            "section": "ANNEXURE",
            "number": "7.7",
            "text": "in respect of sales on terms, such interest, finance charges and/or accommodation charges made that are separately disclosed to the customer and paid by the customer over and above the cash selling price of the goods sold;",
            "page": 35
        },
        {
            "section": "ANNEXURE",
            "number": "7.8",
            "text": "the transfer or exchange of goods between the Tenant and any of its branches, subsidiaries, associates, fellow subsidiaries, and/or holding company where such transfers or exchanges are made solely for the convenient operation of the Tenant's business and not for the purpose of sales which have been made at, in or from the premises, nor for the purpose of depriving the Landlord of the benefit of sales that otherwise would have been made at, in or from the premises; and",
            "page": 35
        },
        {
            "section": "ANNEXURE",
            "number": "7.9",
            "text": "returns to manufacturers, wholesalers or suppliers; and",
            "page": 35
        },
        {
            "section": "ANNEXURE",
            "number": "7.10",
            "text": "sales of fixtures after use thereof in the conduct of the Tenant's business in the premises; and",
            "page": 35
        },
        {
            "section": "ANNEXURE",
            "number": "7.11",
            "text": "any amount received by the Tenant for the sale of stock in trade to a cedent of the Lease where the cession of the Lease to such cedent has been approved by the Landlord, and there shall be deducted from turnover, cash or credit refunds made upon transactions included with turnover, not exceeding the selling price of goods returned by the purchaser and accepted by the Tenant. All references to \"the Tenant\" in the above definition shall be deemed to include any sub-tenant of the Tenant. Should the Tenant operate or participate in any customer loyalty program, whether with the Landlord's consent or otherwise, it is specifically agreed that the cash-back rewards, points or other form of credits given to customers shall not be deducted from the Tenant's turnover.",
            "page": 35
        },
        {
            "section": "ANNEXURE",
            "number": "8",
            "text": "The Tenant shall keep and maintain at all times during the currency of the Lease full and accurate accounting records from which the Turnover in respect of each year can be ascertained and determined and in particular but without limiting the aforegoing, the Tenant shall at all times during the currency of the Lease:",
            "page": 36
        },
        {
            "section": "ANNEXURE",
            "number": "8.1",
            "text": "keep on the Premises and maintain in good operating condition a cash register with tape (or an electronic point of sales system), or other means for adequately and efficiently recording sales and shall ensure that all sales are recorded thereby and that the daily records are retained in terms of clause 9 below;",
            "page": 36
        },
        {
            "section": "ANNEXURE",
            "number": "8.2",
            "text": "bank all cash received and retain all bank deposit slips in terms of clause 9 below;",
            "page": 36
        },
        {
            "section": "ANNEXURE",
            "number": "8.3",
            "text": "keep detailed stock sheets and general ledger accounts and retain such records in terms of clause 9 below.",
            "page": 36
        },
        {
            "section": "ANNEXURE",
            "number": "9",
            "text": "The Tenant shall keep and preserve during and for at least 60 (sixty) months after the end of each year of the Lease Period and/or the Tenants financial year (which ever period is most recent), all sales slips, dockets, hire purchase agreements, bank statements and bank deposit records, tax (including VAT) returns, general ledger accounts and other evidence of turnover for such years. The Landlord shall have the right at any time and from time to time to cause its internal and/or outside auditors to audit all the books of account, statements, documents, records, returns, papers, files and other evidence of the Tenant that are directly or indirectly relevant to turnover. Should the Landlord institute its audit, this shall include all general audit procedures together with on site inspections.",
            "page": 36
        },
        {
            "section": "ANNEXURE",
            "number": "10",
            "text": "In the event of the Landlord having caused an audit to be made and the turnover shown by the Tenant's annual report referred to in 4 hereof being found to be understated by more than 3% (three per centum), then the Tenant shall pay to the Landlord the cost of any such audit plus any Turnover Rental or Turnover Rental due, plus interest at the maximum rate permissible by law, calculated as from due date (sixty [60] days after each anniversary of the Tenant's financial year end (including any part thereof) to date of payment, on the outstanding amount. Should the Turnover shown by the Tenant's annual Factual Findings Report referred to in 4 hereof be found to be understated by more than 10% (ten per centum), the Landlord shall have the right to cancel this Lease by giving the Tenant 30 (thirty) days' prior written notice of termination, unless the Tenant demonstrates to the Landlord's reasonable satisfaction that such understatement was due to a bona fide error.",
            "page": 36
        },
        {
            "section": "ANNEXURE",
            "number": "11",
            "text": "Should no Turnover Rental become payable during the second and any succeeding year of this Lease or during any year of the renewal hereof the Landlord shall have the right at any time thereafter and notwithstanding the provisions of Section 4 of the Schedule to this Lease read with Clause 2 of the General Conditions of Lease to cancel this Lease by giving the Tenant 6 (six) calendar months written notice of such cancellation.",
            "page": 36
        },
        {
            "section": "ANNEXURE",
            "number": "12",
            "text": "The Tenant shall, in accordance with the provisions of this Lease and Design Criteria Document, ensure that its Point of Sales System can be connected to the Landlord's Centre Turnover accounting system. Further, it is recorded that in addition to the report (as noted in point 4 above) the Landlord shall have access to the Tenant's accounting system on a daily basis for the purpose of verifying and determining the level and amount of Turnover being generated by the Tenant in the Premises. In this regard, the Tenant shall ensure that its Point of Sale system (\"POS\") is able to provide the Landlord's Centre Turnover System with an ASCII code and data exchange connection file. The Tenant shall, at its sole cost, ensure that the necessary POS computer code information is shared with the Landlord.",
            "page": 36
        },
        {
            "section": "ANNEXURE",
            "number": "13",
            "text": "At all times during the course of the Lease Period, the Tenant shall supply on demand to the Landlord the number of customer transactions effected during a specified period, together with the Turnover amount for this same period. * * * * * * * * * * * * * * * * * *",
            "page": 36
        }
    ]
}