Memorandum of Agreement
Total Page:16
File Type:pdf, Size:1020Kb
011 979 7038 | [email protected] Cnr Park & Atlas road, Block D, Clear Water Office Estate,Kempton Park, 1619 www.skycoverage.com
MEMORANDUM OF LEASE FOR TELECOMUNICATIONS BASE STATION
THE PARTIES
This Memorandum of Agreement of Lease is made and entered into, by and between the parties whose details are as follows:-
SKY COVERAGE (PTY) LTD (Reg No 2014/201262/07) a company duly incorporated in terms of the Companies Act, 71 of 2008, having its chosen domicilium citandi et executandi at Corner Park & Atlas Road, Block D, Clear Water Office Estate, Kempton Park, 1619 duly represented by Patrick Jurgens Marx who warrants his authority to bind the Company for all obligations imposed in terms of this Lease (hereinafter “the Lessee”)
and
(______) having its chosen domicilium citandi et executandi at ______(hereinafter “the Lessor”)
1. PRELIMINARIES – BASIS OF AGREEMENT
Directors: Rico Marx; Harm Kelderman
Please Initial 2 1.1 The Lessor is the owner of a distinct cadastral portion of land, a portion of which, it tenders and makes available to the Lessee for purposes of erecting a structural telecommunications base tower, together with related equipment and outbuildings necessary to procure radio and communication transmitting devices on the land.
1.2 The Lessee’s main business involves the identification of suitable sites, to be made available for the erection of a telecommunication base station to be sub-leased to various telecommunication service providers throughout the Republic of South Africa.
1.3 The Lessor, acknowledges that considerable time, effort and money has been expended to establish the Lessee as a substantial role player in the retail communication service industry.
1.4 In the course of the Lease, the Lessee shall at its own cost and expense, erect the proposed telecommunication base station, which shall then be made available to its service providers, with whom the Lessee regularly conducts business.
1.5 It is against this background that the parties wish to enter into a Lease Agreement and reduce to writing their respective rights and obligations inter se and in relation to the telecommunications base station erected on the land, which forms the subject matter of the lease.
2 DEFINITION AND INTERPRETATION
2.1 In this Agreement, unless the context indicates otherwise, the words and expressions set out below, shall have the meanings assigned to them hereunder and cognate expressions shall have a corresponding meaning, namely:-
2.1.1 “Agreement” shall mean this Agreement of lease together with all annexures, schedules and appendixes attached thereto;
2.1.2 “ Approvals” shall mean any certificates, permits, licences, zoning, variances and other approval, permissions or authorisations that may be required from any government, association, local authority or any other servitudes or rights
2.1.3 to use and access, to use the tower facilities for the intended purpose;
2.1.4 “ Base station” shall mean the telecommunications base station to be constructed and/or installed by the Lessee on the leased premises which shall include the towers, structural tower, communications equipment, outbuildings, cabinets, radio transmitting and receiving antennas and all equipment ancillary thereto;
2.1.5 “Discretion” shall mean the sole, absolute and unfettered discretion of the Lessee;
2.1.6 “Effective Date” shall mean the date upon which this Agreement is signed by the last party signing;
2.1.7 “ Law” shall mean any law of general application and includes the common law, statute, constitution, decree, treaty, regulation, directive, ordinance, bylaw, order or any other enactment of legislation of government (whether local or provisional government), statutory or regulatory body which has the force of law, operative in the Republic of South Africa;
2.1.8 “Land” “premises” , “property “ and “site” shall be used interchangeably and shall mean such distinct portion of land identified for purposes of erecting the base station which forms the subject matter of this Lease; Please Initial Page 3 of 16
2.1.9 “Lease Period” shall mean the initial lease period and in the event of the renewal option being exercised, includes the relevant renewal period. It is expressly agreed and recorded that the initial lease period, is not a long lease of land and shall be valid against all third parties notwithstanding that same has not been registered, in terms of Section 1 of the Leases of Land Act, 18 of 1969.
2.1.10 “Outbuilding” shall mean the outbuilding/container/and/or hut and/or room and/or other facility in which the Lessee’s equipment will be located in accordance with the base station site;
2.1.11 “Servitude” shall mean the ancillary rights in favour of the Lessee for purposes of ingress and egress to the premises and the installation and maintenance of utilities as provided for in this Agreement, irrespective of whether notarially executed and registered against the Title Deed of the property;
2.2 Any reference to the headings to the clauses to this Agreement are used for purposes of convenience and reference only and shall not be used in the interpretation of, nor modify, nor amplify the terms of this Agreement, nor any clause thereof.
2.3 Any reference to:-
2.3.1 the singular includes the plural and vice versa;
2.3.2 natural persons include juristic persons and vice versa;
2.3.3 any one sex or gender includes the other sexes or gender, as the case may be;
2.3.4 any statute, constitution, decree, treaty, regulation, directive, ordinance, bylaw, order or any other enactment or legislative measure of government (including local or provincial government) , statutory or regulatory body which has the force of law means the relevant enactment or legislative measure as at signature date and as amended or re- enacted from time to time.
2.4 If any provision in a definition is a substantive provision conferring rights or imposing obligations on any party, effect shall be given to that provision as if it were a substantive clause in the body of the Agreement, notwithstanding that it is only contained in the interpretation clause.
2.5 If any period is referred to in this Agreement by way of a reference to a number of days or weeks or months or other intervals, the period shall be reckoned exclusively of the first day and inclusively of the last day of the relevant interval, unless the last day falls on a day which is not a business day, in which case the last day shall be the next succeeding business day.
2.6 If the due date for performance of any obligation in terms of this Agreement is a day which is not a business day then (unless otherwise stipulated) the due date for performance of the relevant obligation shall be the immediate preceding business day.
2.7 If any obligation or act is required to be performed on a particular day it shall be performed (unless otherwise stipulated) by 17h00 (local time at the place where the obligation or act is required to be performed) on that day.
2.8 This Agreement shall be governed, interpreted and enforced in accordance with the laws of the Republic of South Africa as amended from time to time.
Please Initial 4 2.9 If amounts or figures are specified in numerals and in words and if there is any discrepancy between the numerals and the words then the words shall apply.
2.10 The rules of construction that this Agreement shall be interpreted against the party responsible for the drafting of this Agreement shall not apply.
3 3. LETTING AND HIRING
3.1 The Lessor is the owner of a certain distinct cadastral portion of land (“the leased premises”) more fully described in Schedule 1 hereto.
3.2 The Lessor wishes to lease to the Lessee and the Lessee wishes to hire from the Lessor, the leased premises, together with any servitudes, both being approximately located on the diagram depicted in Schedule 2.
3.3 Whereas the parties have the desire to rent out and lease the said portion of land on the terms and conditions set out hereunder.
4 4. DURATION
This Agreement shall come into full force and effect upon the date of the last party signing (“the effective date”), whereafter it shall continue to endure for the entire duration of the lease period, unless cancelled or terminated in terms of this Agreement.
5 5. FORMATION OF LEASE
5.1 5.1 Lease Period
5.1.1 The Lease shall commence on the effective date and continue uninterruptedly for the entire lease period, which is agreed to be 9 years and 11 months.
5.1.2 The parties agree and acknowledge that the initial lease period, is not a long lease in relation to immovable land, as defined in the Lease of Land Act, 18 of 1969, and therefore need not be registered in order to be operative against third parties.
5.2 5.2 Renewal Option
5.2.1 The Lessor hereby grants the Lessee the option to renew the Lease, on the same terms and conditions envisaged herein, which option shall not be retracted by the Lessor for the entire currency of this Lease.
5.2.2 The Lessee may exercise the renewal option by giving written notice thereof no later than 3 months before the termination of the initial lease period (i.e. 9 years and 11 months).
5.2.3 Once the Lessee exercises the option aforementioned in writing, and within the option period, the Lease shall then continue to exist for a further 9 years and 11 months on the same terms and conditions set out herein with the express understanding that the starting rental shall reckoned at the value of the last rental payable at the end of the initial rental period
Please Initial Page 5 of 16
5.3 Rental Consideration
5.3.1 As consideration for the letting and hiring of the parcel of land identified as the lease premises to the Lessee, the Lessor shall be entitled to a monthly rental consideration of R3,000.00 (Three Thousand Rand) per month, payable monthly in advance, the first payment of which, shall be made after the commencement date for rental has occurred.
5.3.2 Upon the commencement of rental payments, having been established, the Lessee shall pay to the Lessor monthly rentals, payable monthly in advance on/or before the first day of each month by electronic transfer directly into the Lessor’s bank account the details of which are as set out in Schedule.
5.3.3 The monthly rental shall escalate annually on the anniversary date of each year, computed with reference to the date of commencement of rental charges. Such escalation shall be at a fixed rate of 5% per year.
5.3.4 Unless indicated to the contrary, the rent includes Value Added Tax.
5.3.5 In the event that the Lessee makes an overpayment of rent or any other fees or charges to the Lessor during the terms of this Lease, the Lessor shall credit shall overpayment against future rental due to the Lessor.
5.4 Commencement Date for Rental Charges
5.4.1 The Lessor Acknowledges the commercial realities of establishing a telecommunication base station, which includes inter alia the following:
5.4.1.1 The Lessee is enjoined to first present the premises to its telecom service providers such as Vodacom, MTN, Cell C as well as any other telecom service provider for the erection of a telecommunication base station;
5.4.1.2 Once the telecom service provider, indicated to the Lessee that it has a need to acquire such base station for enhancing its network, the Lessee shall proceed to commence with the construction of the telecommunication base station, which include the structural tower, communications equipment, equipment cabinets, radio transmitting and receiving antennas as well as all other ancillary construction necessary to put up a telecommunications base station;
5.4.1.3 As a precursor to the aforegoing, the Lessee needs to acquire all necessary consents from local authority and municipalities involved to erect such base station.
5.4.1.4 The Lessor particularly recognises the considerable expense in establishing a telecommunication base station as set out above.
5.4.1.5 The Lessee does not warrant that the service providers will express interest in the land , nor that the neccassary approvals will be acquired, and the Lessor shall have no claim for damages and or cancellation of this agreement as a result of the aforegoing requirements not being met.
5.4.2 Notwithstanding the effective date of this Agreement, the first rental shall only become due and payable pursuant to the month immediately after the month in which the building of the base station is completed and operational, so as to provide telecommunication services to the Lessee’s telecom service providers.
5.4.3 Such date shall be determined by the Lessee, in its sole discretion upon notification in writing to the Lessor.
Please Initial 6 5.4.4 The commencement of rental payment, shall not have any bearing on the calculation of the lease period reckoned from the effective date being 9 years and 11 months.
5.5 Use of Leased Premises
5.5.1 Notwithstanding the fact, that the commencement date for payment of rental consideration has not yet occurred, the Lessee shall at all times be entitled to have access to the leased premises, and shall obtain free and undisturbed access to such premises immediately after the effective date.
5.5.2 The Lessor shall at all reasonable times allow the lessee and its employees, agents and contractors access to the premises.
5.5.3 The Lessee shall be permitted to use the site for the purpose of constructing, maintaining, securing and operating a communications facility, including, but not limited to, the construction or installation and maintenance of the tower facilities to facilitate the use of the site as a site for the intended use.
5.5.4 The Lessee may further use all appropriate means of restricting access to the leased premises to safeguard its telecommunication base station, including, without limitation, the construction of a fence or posting of a security guard at the site.
5.5.5 The Lessor shall allow the Lessee to commence construction with the telecommunication base station, which include the infrastructure, equipment housing containers/outbuildings/hut, fences, foundations, flooring and paving, warning lights for safety and security purposes, antennas, cabling, gantries and other accessory structures, the posting of warning signs, as the Lessee may in its sole discretion and subject to municipal approval be erected, the Lessor shall not be entitled to level complaints against the noise levels during the construction of the telecommunication base station, which is expected to cause an inconvenience.
5.5.6 The Lessor shall do nothing to interfere with the Lessee’s rights to use the premises for the purpose above, which may be exercised 24 hours a day, 7 days a week.
6 APPOINTMENT FOR DEALING WITH AUTHORITIES
6.1 The Lessor acknowledges that it is critical for the Lessee to acquire the necessary approvals as a valid precursor to the erection and completion of the telecommunication base station.
6.2 Notwithstanding the fact that the Lessor is the owner of the land, or have rights of ownership thereto, the Lessor hereby irrevocably appoints the Lessee to obtain, maintain, renew and reinstate any approvals, that may be required from any local authority involved. The Lessee may act as agent to apply for such approvals, consents or authority as may be required from time to time.
6.3 Should the Lessor be requested by the Lessee to sign any documents, same shall be done and executed within 10 days after receipt of such written request by the Lessee.
6.4 The Lessor shall further cooperate with the Lessee, by signing all documents to implement the telecommunication base station, which may include without limitation, affidavits relating to amendments or rectification of the Title Deed, title curative measures, non-disturbance agreements, subsequent lease agreements, zoning application and other related documents required to obtain zoning or use as contemplated above.
6.5 The costs associated by the acquisition of such approvals, shall be borne and paid by the Lessee. Please Initial Page 7 of 16
6.6 The Lessor acknowledges that the electricity supply to the leased premises, needs to be upgraded. In this regard the following provisions shall apply:-
6.6.1 The cost in relation to the consumption, supply, installation, upgrade and laying of any electricity to the premises, as well as all expenses relating to the metering of such consumption, shall be borne and paid by the Lessee;
6.6.2 The upgrade to the line, if applicable, shall not be objected to on the part of the Lessor, who shall do all things necessary, to consent to such upgrade to the electricity supply.
6.7 The Lessor warrants that the premises and electrical and other utility services are fit and adequate for the purpose of the business of the Lessee, and it shall remain so throughout the duration of this Agreement.
6.8 Should the account not be in the name of the Lessee:-
6.8.1 The Lessor shall permit the Lessee to take the connection from the Lessor’s electricity meter through a separate sub-meter installed solely for the Lessee’s purposes until the Lessee obtains a direct connection from the appropriate electrical authority.
6.8.2 During this period, the Lessee shall pay the electricity charges to the Landlord on a monthly basis on a pro rata basis.
6.8.3 The Lessor shall forward the electricity bill for electricity consumed by the Lessee on a monthly basis, based on the sub-metre reading and shall provide the Lessee with a copy of the latest corresponding electricity bill for the main metre.
6.8.4 the portion of such electricity used, shall be billed to the Lessee as if the supply of electricity was being received directly from the relevant authority.
6.8.5 In the event that there is only one electricity account over the entire property, extending beyond the leased premises, the Lessor warrants and guarantees to pay his portion of the electricity bill timeously and do everything to prevent termination of electricity supply to the Lessee.
6.9 In the event of electricity becoming unavailable, suspended or terminated, the Lessee shall be entitled to use generators to operate and abridge the time period that electricity is unavailable.
7 IMPROVEMENTS; UTILITIES; ACCESS
7.1 The Lessee shall have the right, at the Lessee’s sole cost and expense, to erect and maintain on the site improvements, personal property and facilities, including without limitation, the base station tower facilities and other related facilities. The Lessor hereby permits the Lessee the right to add, modify, alter, remove or upgrade the base station tower facilities without the prior consent of the Lessor. The Lessor shall not raise any objection if mounting items, such as antennas, fixtures, etc., are exposed outside the Premises, nor shall Lessor be entitled to any extra Rent or other remuneration for any addition, alteration modification or upgrade.
7.2 The Lessor grants the Lessee a non-exclusive servitude in, over, across and through the Property and other real property owned by the Lessor as may be reasonably required for construction, installation, maintenance, and operation of the base station tower facilities. If the tower to be constructed by the Lessee on the Premises is a guyed tower, Please Initial 8 the Lessor also grants the Lessee a servitude in, over, across and through the Property or any other real property owned by the Lessor as may be necessary to the Lessee for the duration of the lease for the installation and maintenance and removal of and reasonable access to guide wires and guide wire anchors which may be located outside of the Site.
7.3 Lessor represents and warrants to Lessee that Lessee and Lessee’s agents, licensee(s) and sub lessee(s) shall at all times during the Term of the Agreement enjoy ingress, egress, and access from the Site 24 hours a day, 7 days a week, to an open and improved public road which are adequate to service the Site and the base station tower facilities. If no such public road exists or ceases to exist in the future, the Lessor will grant an appropriate servitude to Lessee, Lessee's licensee(s), sub lessee(s) and assigns so that Lessee may, at its own expense, construct a suitable private access drive to the Site and the tower facilities. Immediately after the execution of the Agreement, Lessor shall allow Lessee access to the Site to make any requisite technical investigations, soil investigations, etc.
7.4 Lessor grants Lessee (including, without limitation, Lessee’s sub-lessee’s and licensees) a right to use such portions of the Lessor’s property contiguous to the Site on a temporary basis as is reasonably required from time to time during the Term of the Agreement for the construction, installation and maintenance of the Tower Facilities, including (i) access to the Site for construction machinery and equipment, (ii) storage of construction materials and equipment during construction of the Tower Facilities, and (iii) use of a staging area for construction, installation and removal of equipment.
7.5 Lessee shall have the right to install and maintain during the Term of the Agreement identifying signs or other signs required by any governmental authority on or about the Site, including any access road to the Site.
7.6 The Lessor grants (an) appropriate servitude/s to the Lessee, Lessee's licensee(s), sub-lessee(s) and assigns so that each of them may trench underground and install applicable sleeves and ducts and relevant manhole entry points required in order to accommodate fibre optic cables across or on the Property.
8 COMPLIANCE WITH LAWS AND CONDEMNATION
8.1 Both parties shall at all times comply with all laws, bylaws, ordinance, proclamations and regulations relating to the tenancy of the premises for its intended use.
8.2 Neither party shall contravene any of such laws.
8.3 If any governmental authority renders any portion of the leased premises unsuitable for the Lessee’s intended use, the Lessee may, in its sole discretion, decide to terminate the Lease as at the date of any such governmental action, alternatively, choose to proceed with the Lease, and in the event of any amount of money being payable to the government authority, such amount shall be paid by each of the parties in equal portions so as to comply with such government authorities’ regulations.
9 AUTHORITY TO SUB-LEASE
The Lessee shall, at its sole discretion and without any additional compensation payable to the Lessor, have the right, without prior notice or consent of the Lessor, to licence or sub-lease all or a portion of the leased premises to other parties.
10 SALE OF PREMISES
10.1 The Lessor, may sell the leased premises to a third party, subject that the terms of this Lease envisaging the Lessee’s right, title, interest and obligations, are transferred to the new owner.
Please Initial Page 9 of 16
10.2 The content of this Lease, as well the option to renew, shall form a constituent portion of such sale to any third party, and may only be sold, in the event of the Lessee’s rights and obligations being transferred to the new purchaser.
10.3 In terms hereof, the Lessor shall be obliged to:-
10.3.1 disclose the existence of this Lease to the potential purchaser;
10.3.2 notify the purchaser of the terms and conditions of this Agreement and ensure that it secures the purchaser’s written signature to be bound to the provisions of this Agreement and furnish the Lessee with full particularities of the new purchaser of the property.
10.4 The Lessor hereby indemnifies the Lessee against any claim by the purchaser for payment of rentals paid in advance by the Lessee to the Lessor and for any legal costs on an attorney and client scale incurred by the Lessee in defending such claim.
11 DAMAGE AND DESTRUCTION
11.1 In the event of the base station tower or any outbuilding, is damaged but nevertheless tenable and capable of being used effectively by the Lessee, then this Agreement will not terminate.
11.2 If the base station or any portion thereof is damages or destroyed to the extent that it renders same incapable of being tenanted or used by the Lessee for the intended purpose, then the Lessee shall be entitled to give written notice of cancellation, whereafter the Agreement will terminate at the end of the month, during which such damage or destruction occurred.
11.3 If the Agreement is not cancelled in terms of clause 11.1 hereof, then
11.3.1 the Lessee shall be entitled to repair and rebuild the base station;
11.3.2 for the entire period of this rebuild and reconstruction, no rent shall be payable;
11.3.3 the initial term of the Lease (9 years and 11 months) shall be extended by as many months as required for the reconstruction aforementioned to take place.
12 INSURANCE
12.1 The Lessee shall ensure the base station against any risk and for such amounts as the Lessee may in its discretion determine.
12.2 The proceeds of such insurance policy, shall solely be payable to the Lessee.
Please Initial 10 13 WAIVER OF LESSOR’S LIEN AND HYPOTEC
13.1 The Lessor hereby waives any and all liens, or rights it may have, statutory or otherwise, in and to the base station tower facilities or any portion thereof, regardless of whether or not the same is deemed real or personal property under applicable laws.
13.2 The parties agree that the Lessor shall have no claim against the Lessee relative to the base station tower facilities.
14 LIMITATION OF LIABILITY AND RIGHTS
14.1 Notwithstanding anything to the contrary contained herein, the Lessor shall not under any circumstances, have any claim of any nature whatsoever and howsoever arising, whether for damages, cancellation or otherwise against the Lessee, its employees, directors, agents, independent contractors, whether or not such damage was caused as a result of the breach of any terms of this Agreement on the part of the Lessee or arising from delict or otherwise.
14.2 All the provisions herein contained shall apply and be fully operative notwithstanding that any loss, damage, injury, loss of life occurred in consequence of anything done or omitted to be done, by the Lessee or any of its employees, directors, agents, independent contractors, whether negligently or otherwise, howsoever, and notwithstanding that the Lessee have been in breach of any of its obligations hereunder.
14.3 The provisions of this clause shall specifically be understood so as to exempt the Lessee from all costs, losses and/or damages whether actual, contingent or prospective which may be incurred, sustained or suffered by the Lessor by reason of any breach of this Contract, act of parliament or afford the Lessor any right of cancellation of this Lease.
15 REGISTRATION OF REAL RIGHTS
Should the Lessee require the registration of this Agreement at the Deeds Office against the Title Deed of the property, the parties shall procure the necessary Land Surveyor’s Diagrams, which shall be drawn up, this Agreement may be notarially executed, at the instance of the Lessee and such Notarial Deed be registered against such Title Deed, so as to effect such Agreement, servitude or any other rights envisaged herein which costs shall be borne and paid by the parties in equal proportions.
16 LESSEE’S RIGHT TO EARLY TERMINATION
Notwithstanding an absence of a breach, the Lessee, may in its sole absolute and unfettered discretion decide not to continue with its operations on the premises, for whatever reason, and the Lessee shall furnish the Lessor, with written notice of such decision whereafter all equipment must be removed within 30 (thirty) days after the notice period and the premises must be reinstated to the Lessor in which it was, prior to the installation of the Lessee’s equipment, fair wear and tear expected.
17 BREACH
17.1 In the event of a breach on the part of the Lessor, however negligible, whether or not such breach goes to the root of the contract, the Lessee shall be entitled, without further notice and notwithstanding any other remedy available to it in law to:-
17.1.1 claim specific performance in terms of this Agreement;
Please Initial Page 11 of 16
17.1.2 forthwith cancel the Agreement and claim all damages whether foreseen or not, agreed to or not, including general, specific and consequential damages suffered.
17.2 Save as set out in clause 16 above, and in the event of a cancellation of the Agreement, the Lessee shall have the right to claim compensation for the erection of the telecommunication base station tower facilities erected on the premises; alternatively the right to claim payment of the actual cost incurred by the Lessee in erecting same.
17.3 Notwithstanding the position at common law, or in terms of any placaten or statute applicable in the Republic of South Africa, the telecommunication base station, shall not become the property of the Lessor or detract from the Lessee’s existence of an improvement lien.
18 CONFIDENTIALITY
18.1 This document contains confidential information which is proprietary to the respective parties. No part of its contents may be used, copied, disclosed or conveyed to any other party in any manner whatsoever without the prior written permission of the other party.
18.2 In addition to the aforegoing, the parties shall treat as confidential all information obtained from the other party relating to its system, promotional techniques, site practice and procedure shall not divulge such information to any person, without the written consent the other party.
18.3 Where this clauses contravene, the contravening party shall be liable for all losses and damages, including consequential losses, special damages, loss profits or loss of business whether foreseen or not. Remedies can include cancellation of this agreement, damages as well as an application for an injunction.
18.4 The aforegoing obligations as to confidentiality shall continue to apply notwithstanding the termination of this Agreement.
19 INDULGENCES
19.1 No relaxation or indulgence which either party may extend to one another, shall in any way prejudice their rights hereunder and in particular no acceptance by the innocent party of any partial performance made by the other shall be construed as a waiver by it or shall in any way affect its rights hereunder.
19.2 The parties shall at all times be entitled to demand strict and punctual compliance with all the terms and conditions of this agreement, notwithstanding any concessions, extensions of time or other latitude that may have been granted to one another.
20 SEVERABILITY
Each of the provisions of this Agreement shall be considered as separate terms and conditions and in the event that this contract is affected by any legislation or any amendment thereto, or if the provisions herein contained are by virtue of that legislation or otherwise, held to be illegal, invalid, prohibited or unenforceable, then any such provision shall be ineffective only to the extent of the illegality, invalidity, prohibition or unenforceability and each of the remaining provisions hereof shall remain in full force and effect as if the illegal, invalid, prohibited or unenforceable provision was not part hereof.
Please Initial 12
21 ENTIRE AGREEMENT
21.1 This Agreement contains the entire Agreement between the parties and supersedes all previous agreement, whether tacit, oral or written. Neither party will have any right or remedy arising from any undertaking or representation not included in this document.
21.2 No other agreement variation or alteration, whether tacit or oral, shall be of any force or effect unless reduced to writing and signed by both parties.
DATED at ______on this ______day of ______.
______FULL NAME & SURNAME SKY COVERAGE (PTY) LTD (THE LESSEE) (I acknowledge that I have the capacity to enter into this agreement and have satisfied myself as to the contents of this agreement and I understand same) ______SIGNATURE OF WITNESS
DATED at ______on this ______day of ______.
Please Initial Page 13 of 16
______FULL NAME & SURNAME THE LESSOR (I acknowledge that I have the capacity to enter into this agreement and have satisfied myself as to the contents of this agreement and I understand same)
Annexure A – Agreement Summary
LEASE AGREEMENT DATA
1. SITE INFORMATION SITE NUMBER: SITE NAME: REGION: SITE ADDRESS:
PROVINCE: SQUARE METERS OF LEASED 10M X 10M (100M²) PROPERTY PROPERTY DESCRIPTION (EFT/FARM NUMBER): ROUTE: SITE TYPE: GREENFIELD YES NO ROOFTOP YES NO
2. OWER DETAILS
LESSOR NAME: IDENTITY NUMBER: (if natural person) REGISTRATION NO: (IF COMPANY/ CC/ )TRUST) LESSOR’S DOMICILIUM EXECUTANDI:
Please Initial 14
POSTAL ADDRESS:
Contact name #1 Tel: Fax: Cell: Email: Contact name #2 Tel: Fax: Cell: Email:
3. BANK DETAILS
ACCOUNT PAYEE NAME:
BANK NAME:
BRANCH NAME:
BRANCH CODE:
ACCOUNT NUMBER:
ACCOUNT TYPE: CHEQUE TRANSMISSION
SAVINGS OTHER
4. ELECTRICITY SUPPLIER
SUPPLIER/LOCAL AUTHORITY: PAYEE NAME: ACCOUNT NUMBER: REFERENCE NUMBER: CONTACT NAME AND TEL NO: NEW/EXISTING CONNECTION:
5. CONTRACTUAL DETAILS
COMMENCEMENT DATE: INITIAL TERM: Nine (9) years eleven (11) months. Please Initial Page 15 of 16
RENEWAL TERM: Nine (9) years eleven (11) months. ESCALATION RATE PERCENTAGE: ESCALATION RATE METHOD: Compounded Annually. ESCALATIN RATE FREQUENCY: Annually ACCESS HOURS: 24 hours / 365 days ACCESS NOTES:
6. MONTHLY RENTAL AMOUNT (EXCL VAT)
RENTAL: ELECTRICITY: TOTAL: PAYMENT FREQUENCY: MONTHLY ANNUAL METHOD OF PAYMENT: EFT VAT PAYABLE: YES NO VAT NUMBER:
7. NOTES/SPECIAL INSTRUCTIONS
Please Initial 16
Please Initial