LEASE AGREEMENT AGREEMENT OF LEASE entered into between ________________________ (Identity No. (the ''Landlord'') and _________________________ (Identity No.) (the ''Tenant'') 1 of 15 LEASE AGREEMENT WHEREBY IT IS AGREED AS FOLLOWS: 1. PREMISES LEASED The Landlord lets to the Tenant, who hires the property including Parking Bay No. situate at ________________________________________ 2. PERIOD OF LEASE This lease shall commence on (the ''Commencement date”) and shall continue for a period of until . ( ) 3. DEPOSIT The Tenant shall pay to the Landlord on signature hereof a deposit of R ( RAND), to be vested in an interest bearing account for the benefit of the Tenant. The Landlord shall have the right to apply the whole or part thereof towards payment of the rent, charges for electricity, the telephone or any other liability for which the Tenant is responsible in terms of this agreement. To the extent that the Landlord utilizes all or any part of such deposit or the rental increases above the amount payable in respect of the first month of this lease, the Tenant shall forthwith thereafter pay to the Landlord such sum so that the Landlord at all times has a deposit equivalent to the then prevailing monthly rental on hand. The Landlord shall repay the balance remaining of the deposit, if any, together with the actual interest thereon earned by the Landlord to the Tenant on the expiry of the lease and the vacation of the Leased Premises by the Tenant and the complete discharge of the Tenant's obligations hereunder. The Tenant shall not be entitled to set off any amount payable by the Tenant against the deposit. 4. RENTAL 2 of 15 LEASE AGREEMENT 4.1 The monthly rental payable by the Tenant to the Landlord in respect of the Leased Premises shall be R ( RAND). 4 .2 . All rentals and other amounts payable by the Tenant to the Landlord in terms of this lease shall, unless otherwise provided herein, be paid monthly in advance on the first day of each and every month, free of exchange and without any deductions or set off whatsoever, to the Landlord by depositing same directly into the Landlord's bank account, the details of which appear below : Account No. : Account holder: Branch Code : 5. USE OF PREMISES The Leased Premises are let to the Tenant for use as a domestic residence. The Tenant shall not use the Leased Premises for any other purpose whatsoever without the prior written consent of the Landlord. Not more than 3 (THREE) persons shall be allowed to occupy the leased premises. 6. TENANT'S OBLIGATIONS AND RESTRICTIONS The Tenant 6.1. 6.1.1 shall not: – cede or assign or mortgage or pledge any of his/her rights under this lease; nor 6.1 .2. sublet the Leased Premises or any part thereof; nor 6 . 1 .3. place anyone else in occupation of the Leased Premises or any part thereof, on any conditions whatsoever or for any reason whatsoever, without the Landlord's prior written consent; 6.2 shall not contravene or permit the contravention of any law, by-law or statutory regulation or 3 of 15 LEASE AGREEMENT the conditions of any permit relating to of affecting the occupation of the Leased Premises or the property or which may expose the Landlord to any claim, action or prosecution; 6.3 shall not contravene any of the conditions of title under which the Landlord holds title to, nor any laws which the Landlord is required to observe by reason of her Ownership of the Leased Premises; Shall not make: – 6.4. 6.4.1 . any alterations or additions of any nature whatsoever to the Exterior; 6.4.2. any structural alterations or additions to the interior of the Leased Premises without the Landlord's prior written consent; 6.5. shall not make any non-structural alterations or additions to the interior of the Leased Premises without the Landlord's prior written consent, which shall not be unreasonably withheld, provided that if that consent is given, then upon the expiration or earlier termination of this lease: – 6.5.1. if the Tenant is required to do so by the Landlord in writing within 30 (thirty) days after that expiration or termination, remove that alteration or addition and reinstate the Leased Premises (or part of the Leased Premises in question) at the Tenant's cost, to its same condition prior to the carrying out of that alteration or addition; 6.5.2. if the Landlord does not exercise his/her rights in terms of clause 6.5.1 , that addition or alteration shall not be removed by the Tenant but shall become the Landlord's property and no compensation therefor shall be paid by the Landlord. 6.6 shall not drive or permit to be driven any nails into the floors, walls or ceilings of the Leased Premises, nor in any manner whatsoever do or permit to be done anything that may be 4 of 15 LEASE AGREEMENT calculated to damage the walls, floors or ceilings or any other part of the Leased Premises; 6.7 shall not change or interfere with the electrical installation of the Leased Premises as at the date of signature hereof without the prior written consent of the Landlord. The Tenant must ensure that the electricity supply is not overloaded at any time during the currency of this lease ; 6.8 shall keep and maintain the interior of the buildings (and any fittings or fixtures or contents) and the property in good order and condition replacing any items where necessary (but shall not be responsible for any repairs or replacements of the walls or roof of the buildings unless such repairs or replacements become necessary by reason of any act or omission on the pad of the Tenant or the Tenant's invitees) and on the expiry or termination of the lease redeliver the Leased Premises in good order and repair; 6.9 shall pay one month in arrears for all electricity used or consumed in the Leased Premises; 6.10 shall pay for all fluorescent and other bulbs used in the Leased Premises; 6.11 shall at all times inhabit the Leased Premises and keep the Leased Premises in a clean, tidy and sanitary condition; 6.12. shall remove any blockage of any sewerage or water pipes or drains in or used in connection with the Leased Premises; 6.13 shall not bring into or place any safe or other heavy article in the Leased Premises without the Landlord's prior written consent, which the Landlord may in his/her discretion give on condition that the Tenant shall make good any damage caused to the Leased Premises by the bringing of that safe or other heavy article into the Leased Premises or the removal of same therefrom; 6.14 shall not do or keep nor permit to be done or kept in the Leased Premises anything which may render void or voidable any fire insurance policy held from time to time by the Landlord in respect of the Leased Premises, nor which, in terms of any such tire policy, may not be done or kept therein or which will or may increase the rate of premium payable in respect of any such 5 of 15 LEASE AGREEMENT policy, provided that – 6.14.1 should the Landlord obtains at the request of the Tenant, an amendment of any such policy to permit the keeping of any particular article in Or upon the Leased Premises by the Tenant; and 6.14.2 should any additional premium become payable by the Landlord as a result of that amendment; then that additional premium shall be paid by the Tenant to the Landlord at least 7 (seven) days prior to the date on which it becomes payable by the Landlord in terms of the said policy; 6.15 shall not at any time do or permit anything to be done in the Leased Premises which may be or cause a nuisance or annoyance to the occupiers of neighbouring premises or areas; 6.16 shall be deemed to have accepted the Leased Premises as being complete and without any defect therein in good order and condition and shall not be entitled to hold the Landlord responsible for any alleged defect in existence at the commencement of this lease; 6.17. shall have no claim of any nature whatsoever whether for damages or cancellation of this lease or otherwise nor shall the Tenant be entitled to withhold or delay payment of any money due in terms of this lease or otherwise against the Landlord – 6.17.1 by reason of the Leased Premises being or falling into a defective state of repair, or by reason of the Landlord failing to comply with the obligations to repair or replace any item or by reason of the Landlord, the Landlord's agents, servants or independent contractors causing damage to the Leased Premises, whether negligently or otherwise; 6.17.2 . in respect of any damage caused to the Tenant's fixtures, fittings and furniture, books, papers or other articles kept in or on the Leased Premises or any other damage or loss caused to or sustained by the Tenant in the Leased Premises or loss of life and/or injury to person as a result of water seepage or leakage wherever and howsoever occurring in the Leased Premises, or by rain, hail, lightning, fire, riot or civil commotion or as a result of any other vis major or casus fortuitus or (without limitation by reference to 6 of 15 LEASE AGREEMENT the preceding categories) for any other reason whatsoever whether due to the negligence of the Landlord, his servants, agents or independent contractors or otherwise; 6.18. shall have no claim of any nature whatsoever, whether for damages or a remission of rent, against the Landlord for any interruption in the supply of water, electricity or any other service, whether occasioned by reason of the Landlord or his/her servants, representatives, agents or independent contractor’s negligence or otherwise 6.19 indemnifies any and all of the persons referred to in clauses 6.17 and 6.18 above against all loss, damage, attorney and own client costs and collection charges (including costs of any appeals or of enforcing any judgments), interest and expenses which any one or more or all of them may, or be likely to, sustain as a result of any claim (contingent or otherwise) contemplated in any of such clauses, or any claim by any guests or invitees of the Tenant, and agrees to pay on demand such sum(s) as may be sufficient to cover any actual or prospective claims referred to notwithstanding that such claims may not yet then be payable; 6.20 shall take all steps as may be necessary to keep the Leased Premises secure from intruders or squatters. 6.21 shall be liable for and shall promptly, on the due date thereof, pay all costs of electric current and/or water, as well as any other charges in respect of the Leased Premises consumed by the Lessee and resulting from the use of the said Leased Premises by the Lessee. 7. LANDLORD'S RIGHTS AND OBLIGATIONS The Landlord shall – 7.1 be responsible for the levies and property taxes in respect of the Leased Premises. 7.2 remedy any structural defects in the buildings; 7 of 15 LEASE AGREEMENT 7.3 be entitled at any time for the purpose of repairing, improving, altering or adding to the buildings on the Leased Premises, to such right of access and to erect such equipment, as is reasonably necessary for the carrying out of the work; 7.4 be entitled to inspect the Leased Premises at all reasonable times; 7.5 be entitled to show the inside of the Leased Premises to prospective tenants or purchasers at all reasonable times for the purpose of selling or letting the property, by prior arrangement with the Tenant. 8. RESPONSIBILITY FOR ELECTRICAL INSTALLATIONS The Tenant agrees that she shall be responsible for: – 8.1 8 1.1. the safety, safe use and maintenance of the electrical installations in the premises, including the srove and intercom system. 8.1.2. the safety of the conductors connecting the electrical installations to the point of supply; 8.2 The tenant to the extent that he/she fails to comply with the foregoing obligations and as a result the Landlord incurs any liability, indemnifies the Landlord against all claims, damages or losses of any nature whatsoever which the Landlord may sustain as a result thereof. 9. DESTRUCTION OF OR DAMAGE TO LEASED PREMISES If the Leased Premises are destroyed or damaged so as materially to deprive the Tenant of beneficial occupation, the lease shall ipso facto cease but without prejudice to any claims by the Landlord then existing. The Tenant shall have no claim of any nature whatsoever against the Landlord as a result thereof and the provisions of clauses 6.17 and 6.18 shall apply mutatis mutandis. 10. BREACH BY TENANT 8 of 15 LEASE AGREEMENT 10.1 . lf – 10.1.1. the Tenant fails to pay any rent or other amount due by the Tenant to the Landlord in terms of this lease on due date and continues that failure for more than 7 (seven) days after receipt of a notice requiring payment, provided that no such notice shall be necessary in the case of a second or subsequent failure occurring within any continuous period of 12 (twelve) months; or 10.1.2 the Tenant commits any other breach of the terms of this lease which is incapable of being remedied; or 10.1.3 the Tenant commits any breach of the terms of this lease other than a breach referred to in clause 10.1.1 or clause 10.1.2 and fails to remedy that breach within 7 (seven) days (or such longer period as may be reasonably required if such breach is not capable of being remedied within 7 (seven) days) after written notice requiring that it be remedied, provided that no such notice shall be necessary in the case of a second or subsequent breach of the same term; or 10.1.4 the Tenant so consistently breaches the terms of this lease (whether by non- payment of rent or any other amount due to the Landlord on due date or by non- compliance with its terms) as to justify the Landlord in holding that the Tenant's conduct is inconsistent with an intention or an ability to carry out such terms; or 10.1.5 the Tenant allows any judgment against her to remain unsatisfied for a period of 7 (seven) days or longer, then the Landlord shall have the right, but shall not be obliged, forthwith to cancel this lease and to resume possession of the Leased Premises but without prejudice to its claim for arrears of rent and/or damages which it may have suffered by reason of the Tenant's breach of contract or of the premature cancellation. 10.2.1 While for any reason or on any grounds the Tenant occupies the Leased Premises and the Landlord disputes the Tenant's right to do so, then, until the dispute is resolved whether by settlement, arbitration or litigation, the Tenant shall (notwithstanding that the Landlord may 9 of 15 LEASE AGREEMENT contend that this lease is no longer in force) continue to pay (without prejudice to the Tenant's rights) an amount equivalent to the rent provided for in this lease monthly in advance on the first day of each month, and the Landlord shall be entitled to accept and recover such payments, and such payments and the acceptance thereof shall be without prejudice to and shall not in any way whatsoever affect the Landlord's claim then in dispute. If the dispute is resolved in favour of the Landlord, the payments made and received in terms of this lease shall be deemed to be amounts paid by the Tenant on account of damages suffered by the Landlord by reason of the unlawful occupation or holding over by the Tenant. 11. WARRANTY The Tenant warrants that all goods on the premises are and will throughout the period of the lease be beneficially owned by the Tenant, are not and will not throughout the period of the lease be subject to any special notarial bond registered in terms of the Security by Means of Movable Propertv Ad. 1993 . 12 STIPULATIO ALTERI No part of this agreement shall constitute a stipulatio alteri in favour of any person who is not a party to the agreement unless the provision in question expressly provides that it does constitute a stipulated alteri 13. SALE OF PROPERTY The Tenant agrees that the Landlord shall be entitled to dispose of the property during this lease. The sale by the Landlord of the property during this lease shall not affect the terms of the lease in any way whatsoever nor entitle the Tenant to resile from the lease nor to claim damages as a result thereof. To the extent necessary, the Tenant irrevocably and in rem suam appoints the Landlord as its attorney and agent to sign any documentation necessary to record the assignment, by operation of law, of the lease from the Landlord to the purchaser of the property. This constitutes a stipulatio alteri for the head landlord which shall be capable of acceptance by it at any time hereafter. 10 of 15 LEASE AGREEMENT 14. DOMICILIUM CITANDI ET EXECUTANDI 14.1 The parties choose as their domiciled citandi et executandi for all purposes under this agreement, whether in respect of court process, notices or other documents or communications of whatsoever nature (including the exercise of any option), the following addresses: 14.1 .1. the Landlord : Physical: Postal: Telefax: E-mail: 14.1 .2. the Tenant : Physical: Postal: Telefax: E-mail: 14.2 Any notice or communication required or permitted to be given in terms of this agreement shall be valid and effective only if in writing but it shall be competent to give notice by telefax or e mail 14.3 Either party may by notice to the other party change the physical address chosen as his/ her domicilium citandi et executandi to another physical address where postal delivery occurs in South Africa or his/her postal address or his/ her telefax number or e-mail address, provided that the change shall become effective on the 14th business day from the deemed receipt of the notice by the other party. 14.4 Any notice to a party: – 14.4.1. sent by prepaid registered post (by airmail if appropriate) in a correctly addressed envelope to him/her at an address chosen as his/her domicilium 11 of 15 LEASE AGREEMENT citandi et executandi to which post is delivered shall be deemed to have been received on the 14th business day after posting (unless the contrary is provide; 14.4.2 delivered by hand to a responsible person during ordinary business hours at the physical address chosen as her domicilium citandi et executandi shall be deemed to have been received on the day of delivery; or 14.4.3. sent by telefax to his/her chosen telefax number stipulated in clause 14.1, shall be deemed to have been received on the date of despatch (unless the contrary is provide; or 14.4.4. sent by e-mail to his/her chosen e-mail address stipulated in clause 14.1, shall be deemed to have been received on the date of despatch (unless the contrary is proved). 14.5. Notwithstanding anything to the contrary herein contained a written notice or communication actually received by a party shall be an adequate written notice or communication to him/her notwithstanding that it was not sent to or delivered at his/her chosen domicillium citandi et executandi. 15. WHOLE AGREEMENT AMENDMENT 15.1. This agreement constitutes the whole agreement between the parties relating to the subject matter hereof and supersedes any other discussions, agreements and/or understandings regarding the subject matter hereof. 15.2 No amendment or consensual cancellation of this agreement or any provision or term hereof or of any agreement, bill of exchange or other document issued or executed pursuant to or in terms of this agreement and no settlement of any disputes arising under this agreement and no extension of time, waiver or relaxation or suspension of or agreement not to enforce or to suspend or postpone the enforcement of any of the provisions or terms of this agreement or of any agreement, bill of exchange or other document issued pursuant to or in terms of this agreement shall be binding unless recorded in a written document signed by the parties (or in the case of an extension of time, waiver or relaxation or suspension, signed by the party 12 of 15 LEASE AGREEMENT granting such extension, waiver or relaxation). Any such extension, waiver or relaxation or suspension which is so given or made shall be strictly construed as relating strictly to the matter in respect whereof it was made or given. 15.3 No oral pactum de non petendo shall be of any force or effect. 15.4. No extension of time or waiver or relaxation of any of the provisions or terms of this agreement or any agreement, bill of exchange or other document issued or executed pursuant to or in terms of this agreement, shall operate as an estoppel against any party in respect of its rights under this agreement, nor shall it operate so as to preclude such party thereafter from exercising its rights strictly in accordance with this agreement. 15.5 To the extent permissible by law no party shall be bound by any express or implied term, representation, warranty, promise or the like not recorded herein, whether it induced the contract and/or whether it was negligent or not. 16. MAGISTRATES' COURT JURISDICTION At the option of the Landlord any action or application concerning or arising out of this lease may be brought in any magistrates' court having jurisdiction in respect of the tenant, notwithstanding that the amount in issue may exceed the jurisdiction of such court. 17 COSTS 17.1 The costs of and incidental to the preparation and execution of this agreement (including any suretyship). including the stamp duty hereon, shall be borne and paid by the Tenant. 17.2. In the event of the Landlord instructing attorneys to take measures for the enforcement of any of the Landlord's rights under this lease, the Tenant shall pay to the Landlord on 13 of 15 LEASE AGREEMENT demand such collection charges and other legal costs (including the costs of any writ of execution and any other costs incurred by the Landlord subsequent to the obtaining of judgment against the Tenant for the purposes of enforcing the judgment), on an attorney and own client basis, as shall be lawfully charged by such attorneys to the Landlord. 18. SUSPENSIVE CONDITION: It is recorded that the Landlord is in the process of purchasing the leased premises. This Agreement is subject to the suspensive condition that the Landlord is able to obtain a loan from a recognised financial institution by way of registration of a first mortgage bond over the leased premises in order to secure the balance of the purchase price of the premises hereby let within 21 (twenty-one) working days from the date. of signature hereof by the parties, and the subsequent registration of transfer into the Landlord’s name. 18.1 The parties hereby record that the suspensive condition contained in clause 18.1 above has been included in the Agreement for the benefit of the Landlord, and the time periods stipulated for its fulfillment may be: 18.2.1 waived by the Landlord's written notice to the Tenant, or; 18.2.2 extended by written agreement between the parties 18.2 Non-fulfillment of the suspensive condition contained in clause 18.1 above will render this Agreement of no further force or effect, with neither of the Parties to have any further Claims against one another, and the deposit paid by the Tenant together with interest Accrued shall be refunded to the Tenant. 19. TERMINATION: Unless, at least two calendar months prior to the said termination of the fixed period, one party gives to the other party written notice to the contrary, the tenancy shall continue thereafter for an indefinite period, subject to termination by either party giving to the other two calendar months written notice of such termination, and provided that the Tenant shall have performed all his or her obligations in terms of this Agreement of Lease. Such continuation shall be on the same terms and conditions as this lease, save that the Landlord reserves the right to increase the rent payable, on two calendar months written notice to the Tenant. Unless otherwise stated in 14 of 15 LEASE AGREEMENT writing, there will be a 10% (ten percent) annual escalation which will automatically come into effect 12 months after the commencement and every 12 months thereafter. DATED AT JOHANNESBURG THIS DAY OF 2008 ____________________ LESSOR AS WITNESSES: 1. _______________ 2. _______________ DATED AT JOHANNESBURG THIS 2008. __________________ LESSEE AS WITNESSES DAY OF 1. ____________________ 2._____ ______________ 15 of 15