Should any Party (“the Defaulting Party”) commit a breach of any provision of this Agreement and fail to remedy such breach within 14 (fourteen) days from the date of written notice from the other Party to this Agreement (“the Aggrieved Party”) calling upon it to do so, the Aggrieved Party shall without prejudice to any other rights available to the Aggrieved Party, have the right either:
- to cancel this Agreement and to claim restitution of whatever has been performed in terms of this Agreement; or
- to take whatever action may be necessary to enforce its rights under this Agreement, and
- in either event to claim such damages as it may have suffered as a result of such breach of contract.
- Should the Lessee default in any payment due under this Agreement or be in breach of its terms in any other way, and fail to remedy such breach within 14 (fourteen) days after receiving a written demand that it be remedied, the Lessor shall be entitled, without prejudice to any alternative or additional right of action or remedy available to the Lessor under the circumstances, and without further notice to cancel this Agreement with immediate effect, to remove any fixtures, fittings, equipment from the Premises and/or Property, and recover from the Lessee damages for default or breach and the cancelation of this Agreement.
- The Lessor will not be liable for any damages and/or losses as a result of the Lessor removing fixtures, fittings, equipment from the Premises and/or Property.
- In the event of the Lessor having cancelled this Agreement justifiably but the Lessee fails to remove its equipment fixtures and fittings from the Premises and/or Property, with or without disputing the cancelation, and continuing to tender payment of Rent and any other amounts which would have been payable to the Lessor but for the cancelation, the Lessor may accept such payments without prejudice to and without affecting the cancellation, in all respects as if they had been payments on account of the damages suffered by the Lessor by any reason of the unlawful occupation on the part of the Lessee.
- This Agreement contains the entire agreement between the Parties as to the subject matter hereof.
- No Party shall have any claim or right of action arising from any undertaking, representation or warranty not included in this Agreement.
- No failure by any Party to enforce any provision of this Agreement shall constitute a waiver of such provision or affect in any way that Party’s right to require performance of any such provision at any time in the future, nor shall the waiver of any subsequent breach nullify the effectiveness of the provision itself.
- No agreement to vary, add to or cancel this Agreement shall be of any force or effect unless reduced to writing and signed on behalf of all the Parties.
- It is agreed that each clause of this Agreement is severable, the one from the other, and if any clause is found to be defective or unenforceable for any reason by any competent court, then the remaining clauses shall continue to be of full force and effect.
- Each Party warrants that it is acting as a principal and not as an agent for an undisclosed principal.
- The Parties hereby consent to the jurisdiction of the Courts of the Republic of South Africa in connection with any action which any Party to this Agreement may institute in connection with this Agreement.
- This Agreement will be governed by the laws of the Republic of South Africa.
- Each Party shall bear that Party’s own legal costs and disbursements of and incidental to the negotiation, preparation, settling, signing and implementation of this Agreement.
- Any costs, including all legal costs on an attorney and own client basis and VAT, incurred by a Party arising out of or in connection with a breach by another Party shall be borne by the Party in breach.
- This Agreement may be signed in counterparts, in which event the originals together will constitute the entire agreement between the Parties.
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