Article Vi.docx

Article VI MUTUAL COVENANTS Section 6.01 Default If the Tenant shall:(a) fail to pay the reserved rent and/or service charge hereby reserved written fourteen (14) days after the same becomes due and payable (whether formally demanded or not); or (b) commit a breach of any term or covenant in this Agreement set forth and contained; or (c) commit an act of bankruptcy or enter into any composition or arrangement with his creditors or being a company enter into liquidation whether compulsory or voluntary other than for the purposes of reconstruction or amalgamation or suffer any execution to be levied against him or his goods.

Then and in any such case it shall be lawful for the Landlord t any time thereafter to terminate this Agreement and to re-enter and take possession of the Demised Premises or any part thereof in the name of the whole and thereupon this Agreement shall become null and void and be of no effect and the said Deposit shall immediately be forfeited to the Landlord but without prejudice to any other rights of the Landlord against the Tenant to secure or recover further or additional damages or other remedies in respect of any breach of the Tenants.

Section 6.02 Untenantability If the Demised Premises or any part thereof shall be damaged or destroyed by fire or any other cause so as to render the Demised Premises substantially unfit for occupation and use the following provisions shall have effect that is to say:(a) if the Demised Premises shall become totally unfit for occupation and use by the Tenant then the reserved rent payable herein shall cease to be payable during the period whilst the Demised Premises is unfit for occupation and use; and (b) if the Demised Premises whilst not being rendered unfit for occupation and use by the Tenant in nevertheless damaged to such an extent as to interfere with the Tenant’s full and proper enjoyment of the Demised Premises then the reserved rent payable herein shall be reduced by a fair, just and reasonable proportion having regard to the extent of the damage and the interference and inconvenience caused to the Tenant.

Section 6.03 Untenantability Any notice required to be served hereunder shall be deemed sufficiently served on the Tenant if addressed to him and left at or sent by registered post to the Demised Premises and shall be deemed sufficiently served on the Landlord addressed ton him and left at or sent by registered post to the Landlord at the address mentioned hereinabove. Any notice sent by registered post shall be deemed to have been given at the time when it would have been delivered and received in the ordinary course of post.

Section 6.04 Occupier’s Liability The Landlord shall not be responsible to the Tenant or the Tenant’s licensees, servants, agents or other persons in the Demised Premises or calling upon the Tenant for any accident happening or injury suffered or damage to or loss of any chattel or property sustained on the Demised Premises.

Section 6.05 Default of Tenant’s Agent For the purpose of these presents any act of default or omission by the agents or servants of the Tenant shall be deemed to be the act of default or omission by the Tenant. Any indulgence given by the Landlord shall not constitute a waiver of or prejudice the Landlord’s right herein contained.

Section 6.06 Time Time wherever mentioned herein shall be of the essence of this contract.

Section 6.07 Costs The parties hereto expressly confirm and covenant that all legal cost, stamp duty and other disbursements If any in respect of this Agreement shall be borne and paid by the Tenant in all respects.

Section 6.08 Special Conditions The parties hereto expressly covenant and agree with each other that in addition to the terms and conditions herein appearing the tenancy of the Demised Premises is further subject to the Special Conditions set out in the Annexure hereto.

Section 6.09 Interpretation In this Agreement where the context so admits the following expressions shall have the following meanings, that is to say:(a) words importing the masculine gender only shall be deemed to include the feminine and neuter gender; and (b) the singular shall include the plural and vice versa.

Section 6.10 Binding Effect This Agreement shall be binding upon the heirs and personal representatives if any and the successors in title and permitted assign of the parties hereto.