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Transcription:

LEASE AGEEMENT Between (Landlord) (egistration No) (VAT No) Herein epresented by signatories duly authorised thereto by the landlord And (Tenant) (egistration/identity No) (Tenant's Trading Name) (VAT No) epresented herein by by virtue of a resolution. Initial here 1. ADMINISTATIVE INFOMATION 1.1. Domicilium Address (being a physical address and not a post box or poste restante) Landlord: c/o Growthpoint Management Services (Pty) Ltd Tenant: The Place 1 Sandton Drive Sandton 1.2. Postal Address Landlord: c/o Growthpoint Management Services (Pty) Ltd Tenant: PO Box 78949 Sandton 2146 1.3. Telephone Number Tenant: 1.4. Telefax Number Tenant: 1.5. E-mail Address Landlord: Tenant: 1.6. Property: 1

1.7. Shopping Centre/ Building Name (with street address) Building Name Building Address 1.8. Leased Premises 1.9. Approximate area of Leased Premises m 2 1.10. Total Lettable Area of the Complex m 2 2. ECODAL 3. LEASE 4. USE The Landlord and Tenant wish to enter into a lease agreement. This Schedule together with the annexures hereto record the terms and conditions of the agreement. The Landlord lets to the Tenant which hires from the Landlord the leased premises, subject to the terms and conditions of the lease. 4.1. The Tenant shall use the leased premises for the purpose of:- 4.2. The Tenant shall use the following trade name/s for its business conducted from the leased premises:- 5. DUATION 5.1 The lease shall be for a period of, with the following relevant dates: 5.1.1. Fitting Out Date (subject to clause 3.2 of Annexure A) - 5.1.2. Trading Date - 5.1.3. Commencement Date (subject to clause 1.1.6, read with clause 3.1 of Annexure A) - 5.1.4. Expiry Date - 5.1.5 enewal period : efer to Clause 5 of Annexure A - 6. ENT AND OTHE CHAGES 6.1 Period 6.2 ent (monthly) excl of VAT 6.3 Contribution to Op Costs (monthly) excl of VAT 6.4 Total VAT @ 14% 6.5 Total incl VAT 6.6. Turnover ent Percentage (efer Annexure C) % 6.7.1 Merchant s Association Contribution Payable in terms of clause 18 of Escalating at % as per rental increases referred to in clause 6. O 2

6.7.2 Marketing Fee Payable in terms of clause 18 of Escalating at % as per rental increases referred to in clause 6. 6.8. Tenant s percentage share of 6.8.1 Assessment ates payable in terms of clause 9.1.1 of Annexure A at the commencement date of the lease amounts to pm (excl. VAT) plus all increases thereon. 6.8.2 City Improvement District levies, if applicable, payable in terms of clause 9.1.2 of 6.8.3 Any new charges, taxes or levies introduced by any competent authority payable in terms of clause 9.2 of 6.8.4 Service Charges in respect of electricity, water and/or gas consumption (if no separate sub-meters are installed and used to calculate such costs payable), effluent, sewerage and refuse removal in terms of clause 10 of (If applicable). 6.8.5 Increases in Assessment ates or Sectional Title Levies or Shareblock Levies payable in terms of clause 12 of % 6.9. Deposit The cash amount payable (or alternatively furnished by way of a bank guarantee on terms reasonably acceptable to the Landlord) to be furnished by the tenant on signature of this lease in terms of clause 6. of (See Annexure E for standard prescribed bank guarantee). 6.10. Penalty Levy The amount to be determined at the discretion of the Landlord which may be levied but which shall not exceed -, efer to clauses 11.3.2. and 17.4. of Per day 6.11. Stamp Duty N/A 7. LANDLOD S AGENTS The parties agree that Growthpoint Management Services (Pty) Ltd (egistration No 1987/004988/06) or its successors-in-title ("GMS"), is the duly authorised agent of the Landlord and may exercise on behalf of the Landlord all the Landlord's rights in terms of this lease. The provisions of this clause are a stipulatio alteri for the benefit of GMS. 8. GENEAL 8.1. Standard suretyship signed by: (If Applicable) 8.2 Date of financial year end of tenant: Unless stated otherwise herein, this date shall, for the purposes of this lease, be deemed to be the last day of February each year; 8.3 Annexures forming part of this lease 8.3.1. Standard conditions of lease agreement Annexure A 8.3.2. Floor Plan Annexure B 8.3.3. Turnover rent Annexure C 8.3.4. Suretyship (if applicable) Annexure D 8.3.5. Debit authorization details Annexure F 3

9. TADING HOUS The Tenant shall, subject to clause 17.1 of Annexure A, be required to ensure that the leased premises are open for business in the shopping centre as follows: 10. SPECIAL TEMS AND CONDITIONS 10.1. The special terms and conditions included below, unless specifically stipulated, shall not be contradictory to or inconsistent with the terms and conditions of In the event of there being any contradictions or inconsistencies, the provisions of the special terms and conditions shall prevail over the provisions of Annexure A and be carried into effect. The following special terms and conditions shall apply: 4

LEASE AGEEMENT BETWEEN AND Signed on behalf of the Tenant at on this day of 200. For Tenant Duly authorized hereto Signed on behalf of the Landlord at on this day of 200. For Landlord We, Growthpoint Management Services (Pty) Ltd, hereby accept the benefits of the provisions of clause 7 of this Schedule. For Growthpoint Management Services (Pty) Ltd I/We, the undersigned, hereby acknowledge and agree to the provisions of clause 35.2 of Annexure A to this Schedule. (To be completed by the signatory on behalf of the tenant, if applicable) 5