Common use of REFUND TO THE PURCHASER Clause in Contracts

REFUND TO THE PURCHASER. The Purchaser shall be entitled to a refund of all amounts paid in lieu of the Reservation Deposit and the balance of the purchase price as contemplated in clause 9 should this Agreement: Lapse as contemplated in this agreement due to a deviation in the initial extent of the property of more than 8% or if the suspensive conditions as stipulated in this agreement (specifically the obtaining of a mortgage bond, if applicable) are not met; or Terminate as contemplated in this agreement if the property is not sufficiently completed by the extended Anticipated Occupation date; or Be cancelled due to the breach of this Agreement by the Seller; or Be cancelled due to an unresolved dispute arising between the parties regarding the variations of specifications of the property; or Be cancelled due to a deviation of more than 8% on the initial extent of the property; or Be cancelled due to the failure of the Seller to transfer the property to the Purchaser 36 (thirty- six) months from date of signature of this agreement. The Agent shall refund to the Purchaser’s nominated bank account that portion of the commission paid by the Transferring Attorney to the Agent as commission as contemplated in the Agent Commission clause. The Transferring Attorney shall refund to the Purchaser’s nominated bank account such amounts as remain in trust with the Transferring Attorney after deduction of a portion of the interest accrued liable to the Legal Practitioners’ Fidelity Fund in terms of Section 86(5)(b) of the Legal Practice Act and the attorney’s investment fee. The Purchaser shall have no recourse against the Seller and/or the Transferring Attorney for the reimbursement of any monies paid over by the Transferring Attorney to the Agent in terms of his commission.

REFUND TO THE PURCHASER. The Purchaser shall be entitled to a refund of all amounts paid in lieu of the Reservation Deposit and the balance of the purchase price as contemplated in clause 9 7 should this Agreement: Lapse as contemplated in this agreement due to a deviation in the initial extent of the property of more than 8% or if the suspensive conditions as stipulated in this agreement (specifically the obtaining of a mortgage bond, if applicable) are not met; or Terminate as contemplated in this agreement if the property is not sufficiently completed by the extended Anticipated Occupation date; or Be cancelled due to the breach of this Agreement by the Seller; or Be cancelled due to an unresolved dispute arising between the parties regarding the variations of specifications of the property; or Be cancelled due to a deviation of more than 8% on the initial extent of the property; or Be cancelled due to the failure of the Seller to transfer the property to the Purchaser within 36 (thirty- thirty-six) months from date of signature of this agreement. The Agent shall refund to the Purchaser’s nominated bank account that portion of the commission paid by the Transferring Attorney to the Agent as commission as contemplated in the Agent Commission clause. The Transferring Attorney shall refund to the Purchaser’s nominated bank account such amounts as remain in trust with the Transferring Attorney after deduction of a portion of the interest accrued liable to the Legal Practitioners’ Fidelity Fund in terms of Section 86(5)(b) of the Legal Practice Act and the attorney’s investment fee. The Purchaser shall have no recourse against the Seller and/or the Transferring Attorney for the reimbursement of any monies paid over by the Transferring Attorney to the Agent in terms of his commission.

REFUND TO THE PURCHASER. ‌‌ The Purchaser PURCHASER shall be entitled to a refund of all amounts paid in lieu of the Reservation Deposit and the balance of the purchase price as contemplated in clause 9 Clause 5 should this Agreement: Lapse as contemplated in this agreement due to a deviation in the initial extent of the property of more than 8% (eight percent) or if the suspensive conditions as stipulated in this agreement (specifically the obtaining of a mortgage bond, if applicable) are not met; or Terminate terminate as contemplated in this agreement if the property is not sufficiently completed by the extended Anticipated Occupation date; or Be be cancelled due to the breach of this Agreement by the Seller; or Be be cancelled due to an unresolved dispute arising between the parties regarding the variations of specifications of the property; or Be be cancelled due to a deviation of more than 8% (eight percent) on the initial extent of the property; or Be be cancelled due to the failure of the Seller to transfer the property to the Purchaser within 36 (thirty- thirty-six) months from date of signature of this agreement. The Agent shall refund to the Purchaser’s nominated bank account that portion of the commission paid by the Transferring Attorney to the Agent as commission as contemplated in the Agent Commission clause. The Transferring Attorney shall refund to the Purchaser’s nominated bank account such amounts as remain in trust with the Transferring Attorney after deduction of a portion of the interest accrued liable to the Legal Practitioners’ Fidelity Fund in terms of Section 86(5)(b) of the Legal Practice Act and the attorney’s investment fee. The Purchaser shall have no recourse against the Seller and/or the Transferring Attorney for the reimbursement of any monies paid over by the Transferring Attorney to the Agent in terms of his commission. NOTICES AND DOMICILIUM‌‌ Each of the parties chooses as his domicilium citandi et executandi (“domicilium”) for the purposes of giving of any notice or the serving of any process and for any other purpose arising from this Agreement their respective addresses as stated above. Any notice in terms hereof may be delivered to the other party (“the recipient”) by hand, prepaid registered post or E-mail. Any notice given by a party to the other which: Is delivered by hand, to a responsible person, during ordinary business hours, at the physical address provided will be presumed to have been received (unless the contrary is proved by the addressee) on the day and time of delivery; or is sent by prepaid registered post, in a correctly addressed envelope, to the postal address specified above will presumed to have been received by the recipient on the seventh day after the date of posting; or is sent by email to the E-mail address specified will be deemed (unless the contrary is proved by the addressee), to have been received on the first business day after transmission. Where in terms of this Agreement any communications are required to be in writing the term writing will include communications by E-mail. Each of the parties will be entitled from time to time, by written notice to the other party to change his domicilium to any other address within the Republic of South Africa which is not a post office box or poste restante. The changed address will be affective after 14 (fourteen) days of such change.

REFUND TO THE PURCHASER. The Purchaser shall be entitled to a refund of all amounts paid in lieu of the Reservation Deposit and the balance of the purchase price Purchase Price as contemplated in clause 9 7 should this Agreement: Lapse as contemplated in this agreement Agreement due to a deviation in the initial extent of the property Property of more than 8% or if the suspensive conditions as stipulated in this agreement Agreement (specifically the obtaining of a mortgage bond, if applicable) are not met; or Terminate as contemplated in this agreement Agreement if the property Property is not sufficiently completed by the extended Anticipated Occupation dateDate; or Be cancelled due to the breach of this Agreement by the Seller; or Be cancelled due to an unresolved dispute arising between the parties Parties regarding the variations of specifications of the property; or Be cancelled due to a deviation of more than 8% on the initial extent of the propertyProperty; or Be cancelled due to the failure of the Seller to transfer the property Property to the Purchaser within 36 (thirty- thirty-six) months from date of signature of this agreementthe Signature Date. The Agent shall refund to the Purchaser’s nominated bank account that portion of the commission paid by the Transferring Attorney to the Agent as commission as contemplated in the Agent Commission clause. The Transferring Attorney shall refund to the Purchaser’s nominated bank account such amounts as remain in trust with the Transferring Attorney after deduction of a portion of the interest accrued liable to the Legal Practitioners’ Fidelity Fund in terms of Section 86(5)(b) of the Legal Practice Act and the attorneyTransferring Attorney’s investment fee. The Purchaser shall have no recourse against the Seller and/or the Transferring Attorney for the reimbursement of any monies paid over by the Transferring Attorney to the Agent in terms of his commission.

REFUND TO THE PURCHASER. The Purchaser shall be entitled to a refund of all amounts paid in lieu of the Reservation Deposit and the balance of the purchase price as contemplated in clause 9 7 should this Agreement: Lapse as contemplated in this agreement due to a deviation in the initial extent of the property of more than 8% or if the suspensive conditions as stipulated in this agreement (specifically the obtaining of a mortgage bond, if applicable) are not met; or Terminate as contemplated in this agreement if the property is not sufficiently completed by the extended Anticipated Occupation date; or Be cancelled due to the breach of this Agreement by the Seller; or Be cancelled due to an unresolved dispute arising between the parties regarding the variations of specifications of the property; or d Be cancelled due to a deviation of more than 8% on the initial extent of the property; or Be cancelled due to the failure of the Seller to transfer the property to the Purchaser within 36 (thirty- thirty-six) months from date of signature of this agreement. The Agent shall refund to the Purchaser’s nominated bank account that portion of the commission paid by the Transferring Attorney to the Agent as commission as contemplated in the Agent Commission clause. The Transferring Attorney shall refund to the Purchaser’s nominated bank account such amounts as remain in trust with the Transferring Attorney after deduction of a portion of the interest accrued liable to the Legal Practitioners’ Fidelity Fund in terms of Section 86(5)(b) of the Legal Practice Act and the attorney’s investment fee. The Purchaser shall have no recourse against the Seller and/or the Transferring Attorney for the reimbursement of any monies paid over by the Transferring Attorney to the Agent in terms of his commission.

REFUND TO THE PURCHASER. The Purchaser shall be entitled to a refund of all amounts paid in lieu of the Reservation Deposit and the balance of the purchase price as contemplated in clause 9 4 should this Agreement: Lapse as contemplated in this agreement due to a deviation in the initial extent of the property of more than 8% or if the suspensive conditions as stipulated in this agreement (specifically the obtaining of a mortgage bond, if applicable) are not met; or Terminate as contemplated in this agreement if the property is not sufficiently completed by the extended Anticipated Occupation date; or Be cancelled due to the breach of this Agreement by the Seller; or Be cancelled due to an unresolved dispute arising between the parties regarding the variations of specifications of the property; or Be cancelled due to a deviation of more than 8% on the initial extent of the property; or Be cancelled due to the failure of the Seller to transfer the property to the Purchaser within 36 (thirty- thirty-six) months from date of signature of this agreement. The Agent shall refund to the Purchaser’s nominated bank account that portion of the commission paid by the Transferring Attorney to the Agent as commission as contemplated in the Agent Commission clause. The Transferring Attorney shall refund to the Purchaser’s nominated bank account such amounts as remain in trust with the Transferring Attorney after deduction of a portion of the interest accrued liable to the Legal Practitioners’ Fidelity Fund in terms of Section 86(5)(b) of the Legal Practice Act and the attorney’s investment fee. The Purchaser shall have no recourse against the Seller and/or the Transferring Attorney for the reimbursement of any monies paid over by the Transferring Attorney to the Agent in terms of his commission.