CREDIT ASSESSMENTS

1. The Lessee agrees and consents to the Lessor performing credit assessments at any point during this Lease and consents to the Lessor providing its information to any person for this purpose.
2. On request, the Lessee agrees to furnish the Lessor with copies of its financial statements or management accounts for such credit assessments.

PARK CONDUCT RULES

1. The Lessee undertakes that it shall always adhere to the Park Rules laid down by the Lessor from time to time (which have been made available to the Lessee and which shall be deemed to be incorporated in and form part of this Lease) pertaining to the use of the Unit, the Inospace Benefits, the Common Areas, security and access to the Unit and Park.
2. The Lessee shall have use of and access to all Inospace Benefits, as more fully set out in the Park Rules. Inospace Benefits are accessed at or via the Business Hub, the location and description of which is more fully set out in the Park Rules.
3. This Lease must be read in conjunction with any applicable provisions of the Park Rules relating to privacy, data protection, use and disclosure information and any applicable law.
4. In the event of any conflict between this Lease and the Park Rules, this Lease shall prevail.

USE

1. The Unit shall be used solely for the Permitted Use and for no other purpose whatsoever without the Lessor’s prior written consent.
2. The Unit is measured in accordance with the SAPOA standard method of measurement and any requirement in terms of this Lease to determine the rentable area will be determined by this. The Lessor shall have the right but not the obligation to re-measure the rentable area of the Unit in accordance with the rules laid down by SAPOA and the Lessee shall be bound by any alterations to the rentable area arising out of such re-measurement.
3. The Lessee shall not contravene or permit the contravention of any law, by-law, regulation, town planning scheme, condition of licence or condition of title relating to or affecting the Park, the occupation of the Unit or the carrying on of the Lessee’s business in the Unit.
4. The Lessor does not warrant:
   1. that the Unit is fit for the purpose for which it is let; and/or
   2. that the Lessee will be granted any license, consent or permit in respect of the Unit for the conduct of the Lessee’s business, and accordingly, there shall therefore be no liability on the Lessor to do work or to make any alterations or repairs to the Unit in order to render the Unit fit for purpose and/or comply with the requirements of any licensing authority to enable the Lessee to obtain any license.

PERIOD, OCCUPATION AND RENEWAL

1. This Lease shall commence on the Lease Start Date and terminate on the Lease End Date.
2. Should the Lessee not wish to renew this Lease for a further period then the Lessee shall notify the Lessor not later than 60 days prior to the Lease End Date informing the Lessor of such intention. Should the Lessee not provide such notification, this Lease shall automatically continue on a month to month basis on the escalated rental as per clause 5.12 on the same terms and conditions as this agreement. Any further renewal of this Lease shall be the subject of a separate agreement on terms and conditions mutually agreed to between the Parties.
3. Should the Lessor grant the Lessee possession of the Unit on the Rent Free Period Date, such occupation shall be deemed to be governed by the provisions of this Lease, save that such occupation shall be on a month-to-month basis. The Lessee shall be liable for all Utilities with effect from the Rent-Free Period Date, which amounts shall be due and payable on presentation of invoice.
4. Should the Lessor be unable to give the Lessee possession of the Unit on the Rent Free Period Date or the Lease Start Date, for reasons beyond its reasonable control, such inability shall not be any grounds for cancellation of this Lease, provided that the Monthly Rental, Utilities and Operational Costs shall be reduced pro rata for the period that the Lessee is deprived of possession.

MONTHLY RENTAL AND PAYMENTS

1. All amounts payable to the Lessor shall be made without deduction or set off for any reason whatsoever.
2. The Monthly Rental and Operational Costs are payable monthly, in advance on or before the Payment Day.
3. The Lessee shall be liable for payment of a once off Administration Fee, which shall be payable on acceptance of the Lessee’s offer by the Lessor.
4. The Utilities payable by the Lessee in terms of this Lease are payable monthly in arrears on or before the Payment Day.
5. If the Lessee fails to pay any amounts due by it in terms of this Lease on the due date, a penalty fee shall accrue on all outstanding amounts at a rate of 10% of the Monthly Rental plus interest at the prime rate thereon calculated from the due date for payment of any outstanding amounts to the date of payment (both days inclusive).
6. The Lessee shall pay Utilities at the rate specified by the relevant authority. If a pre-paid system is in place for the Unit the Lessee shall utilise such pre-paid system. If a separate sub-meter is in place for the Unit, the Lessee shall be liable for the Utilities in accordance with the sub-meter’s readings (together with a pro rata share of meter reading charges). If there is no sub-meter in place, then the Lessee shall be liable for the Utilities on a proportionate share basis. Proportionate share is the ratio determined by taking the floor area of the Unit (excluding Parking Bays) in relation to the total floor area of the units rented by other tenants.
7. Should the Lessee’s consumption of electricity and/or water forming part of the Utilities increase due to their business demands and/or usage, then the Lessor reserves the right to adjust the tariff used to recover these charges, however will not charge the Lessee more than the rate charged by the relevant authority.
8. The Lessee shall be liable for the Operational Costs. Any similar expenses in respect of the Unit specifically shall be organised by and carried out by the Lessee at its own expense.
9. To the extent that any local authority and/or 3rd party service provider increases the rate at which any of the charges in clauses 5.6 and 5.8 are levied during the currency of this Lease, then the amount which the Lessee is liable to pay shall increase by a percentage equal to the percentage increase levied by the applicable local authority and/or 3rd party service provider and such increases shall take effect on the day on which they are increased.
10. Invoices (which shall constitute valid VAT invoices) for payment of any amounts payable to the Lessor in terms of this Lease shall be sent to the Lessee monthly. Any failure by the Lessor to render any invoice or the late receipt or non-receipt thereof by the Lessee shall not in any way detract from the Lessee’s obligations to effect payment of all amounts as set out in terms of this Lease on the due date.
11. The Lessee shall not be entitled to allocate any payment made by it to any specific cost, expense or indebtedness in terms of this Lease. The Lessor may however allocate payments made by the Lessee in terms of this Lease to any cost, expense or indebtedness of the Lessee to the Lessor.
12. The Monthly Rental and Operational Costs shall escalate annually on the Lease Start Date, by the Escalation Rate ("Annual Escalation Date").
13. All amounts payable by one party to the other shall be exclusive of Value Added Tax, levied at the applicable rate from time to time, save to the extent that any applicable utility, service charge, levy or tax does not attract VAT under any applicable law.
14. Any Utilities or Operational Cost payable on a proportionate share basis will be calculated on the Unit Size.

DEPOSIT

1. The Deposit shall be due and payable on acceptance of this offer by the Lessor and shall be payable by no later than 48 hours after receipt of the invoice by the Lessee. Should such payment not be made within the time period stated in the invoice then the Lessor shall have the right to cancel this lease and claim any deposit held in trust and owing in lieu of damages from the Lessee.
2. The Lessor shall be entitled to apply the whole or any portion of the Deposit against any liability of the Lessee under this Lease, including without limitation rental arrears and any liability for damages. The utilisation of the Deposit shall be without prejudice to the Lessor’s rights to claim damages.
3. If the whole or any portion of the Deposit is applied during the currency of this Lease, the Lessee shall reinstate the deposit to its original amount forthwith after demand by the Lessor.
4. The Lessee shall pay annual increases of the deposit commensurate with the Escalation Rate on each Annual Escalation Date.
5. Upon termination of this Lease the deposit or any balance thereof shall be refunded free of interest, as soon as reasonably possible after the Lessee has vacated the Unit and after all of the Lessee’s obligations to the Lessor in terms of this Lease have been fully discharged.

INSURANCE

1. The Lessor shall insure the Park. The Lessor shall not be obliged to take out any insurance to cover any loss or damages occasioned by any interruption to any services as contemplated in clause 11.1.9.
2. The Lessee undertakes to ensure that its business and assets (including any installations, equipment, plant and machinery) is comprehensively insured at all times by an insurance company of repute against any loss or damage of whatsoever nature and howsoever arising including but not limited to insurance cover for asset all risk, business interruption and public liability.
3. The Lessee shall not do anything in or on the Unit, or the Park which may or will result in the Lessor’s insurance policies being invalidated or the premiums payable in respect thereof being increased. . The Lessee will ensure that its business operations are compliant with any of the Lessor’s insurance policy requirements.
4. If any premium payable by the Lessor in 7.1 is increased by reason of:
   1. The nature or scope of the business which the Lessee carries on in the Unit.
   2. The Lessee not complying with the provisions of the policy in 7.2. Then without prejudice to any rights the Lessor may have as a result thereof, including the right to compel the Lessee to remedy such act or omission forthwith, the Lessee shall, on demand, refund to the Lessor the amount of the additional premium, over and above its obligation stated in clause 7.2.
5. If any event occurs which is likely to give rise to any claim under any of the policies of insurance referred to in clause 7.2, the Lessee shall
   1. Advise the Lessor thereof in writing.
   2. Advise the insurer thereof and do all such things as may be required by the insurer in terms of the relevant policy of insurance or otherwise.
   3. The Lessor shall be entitled to make such enquiries (whether on site or elsewhere) as to the cause and results of the occurrence giving rise to any loss and the Lessee shall provide the Lessor with every reasonable assistance and co-operation with regards thereto.
   4. If the proceeds are insufficient to re-instate any insured loss or damage the shortfall shall be paid by the Lessee forthwith on demand.
6. Notwithstanding anything to the contrary contained in this Lease, the Lessee shall remain liable to pay all rentals and other amounts due in terms of this Lease in the event of a repudiation of any insurance claim because of any negligence or wilful act or omission on the part of the Lessee.

CESSION, ASSIGNMENT AND SUB-LETTING

1. The Lessee shall not be entitled to cede, pledge or encumber its rights and/or delegate its obligations in terms of this Lease without the Lessor’s prior written consent. The Lessor shall be entitled to cede, pledge or encumber its rights and/or delegate its obligations in terms of this Lease without the Lessee’s prior written consent.
2. The Lessee shall not give up possession and occupation of the Unit to any 3rd party without the Lessor’s prior written consent.
3. The Lessee shall not be entitled to sublet the Unit without the Lessor’s prior written consent. Should the Lessor give written consent permitting the Lessee to sublet the Unit, then the terms of such sub-lease shall be the same as contained in this Lease mutatis mutandis. For as long as the Lessee sublets the Unit to such 3rd party and the Lessee shall be jointly and severally liable for the fulfilment of all obligations imposed on the Lessee in terms of this Lease.
4. In the event that the Lessee is a company, close corporation or trust, any change in the control (which term shall include, without limitation, the types of control contemplated in section 2(2) of the Companies Act 71, 2008 ("Companies Act") of the Lessee shall be deemed to be a cession by the Lessee of its rights under this Lease and duly governed by the provisions of clause 8.1, irrespective of whether such change of control is effected through the transfer of any shares, member’s interest or beneficial interest, or through the issue of any unissued shares in the company, or any variation rights attaching to the shares in the company, or any other means whatsoever.
5. The Lessee acknowledges and agrees that no change in the controlling shareholding in the Lessor, the sub-division and/or sale of the Park or the granting of leasehold rights in respect of the Park shall have any effect on the continued validity of this Lease and the Lessee shall remain bound to the terms of this Lease in all respect.

MAINTENANCE AND REPAIRS

1. The Lessee acknowledges that it has been afforded the opportunity to inspect the Unit prior to signature of this offer and unless the Lessee provides the Lessor with written notice of any defects in the Unit within 7 days of the Commencement Date, then the Lessee shall be deemed to have received the Unit in good order and condition.
2. The Lessee will procure at its cost that the interior of the Unit (including any Accessories in or on the Unit):
   1. are kept clean and tidy; and
   2. are maintained in the same good order and condition as they were in as at the Lease Start Date, fair wear and tear excepted, in accordance with the Lessor’s standards and by contractors approved in writing by the Lessor.
3. The Lessee shall promptly replace, repair or make good any damage and/or loss caused by the Lessee to the Unit, the Accessories, any building within the Park, the Common Areas and/or the Park, whatever the cause of such damage and/or loss and irrespective of whether it is occasioned by the negligence of the Lessee.
4. Should the Lessee fail to carry out any of its obligations in terms of clauses 9.2 and/or 9.3, the Lessor shall be entitled, without prejudice to any of its other rights or remedies, to affect the required item of maintenance, repair or replacement and to recover the cost thereof from the Lessee.
5. The Lessor will procure at its cost the maintenance during this Lease of:
   1. the foundations, exterior structure and roof of the Unit; and
   2. the Common Areas.
6. The Lessor shall provide such other services that the Lessor in its discretion thinks proper for the better and more efficient management, use and promotion of the Park.

ALTERATIONS AND IMPROVEMENTS

1. The Lessee shall not make any alterations, additions or improvements to the Unit, without the Lessor’s prior written consent.
2. If the Lessor furnishes its consent as contemplated above the work shall be carried out on behalf of the Lessee by contractors approved by the Lessor on fair and reasonable conditions stipulated by the Lessor.
3. The Lessee shall at all times comply with the Park Rules pertaining inter alia to approved business plans, maintenance of electrical installations, the installation of aerials, signage, ducting and air conditioning to the Unit and the Park.

LIABILITY AND INDEMNITY

1. The Lessee shall not have any claim of any nature whatsoever and howsoever arising against the Lessor for any loss, damage (whether direct, indirect, special or consequential), expense or injury which may be suffered by the Lessee, directly or indirectly, including if such loss, damage, expense or injury shall have been caused through or as a result of:
   1. any act or omission of the Lessor; and/or
   2. any circumstance, cause or event beyond the reasonable control of the Lessor including but not limited to acts of God and any accidents which due prudence could not have prevented; and/or
   3. any act or omission of the Lessor (negligent or otherwise), including as a result of the execution or attempted execution by the Lessor of its obligations to the Lessee under this Lease and/or as a result of the Lessor carrying out the terms of any of the Lessee’s requirements or mandates; and/or
   4. any act or omission of any 3rd party service provider, including the Park Operator of the Park, to the Lessor or any failure of any equipment installed by the Lessor for the use of such service provider or the Lessee, such as security; and/or
   5. any latent or patent defects in the Unit, the Unit being in or falling into a defective condition or state of disrepair or any repair not being carried out timeously or at all; and/or
   6. the Lessor being unable to afford the Lessee possession of the Unit on the Lease Start Date as contemplated in clause 4.4;
   7. if this Lease is terminated as contemplated in clauses 13.1 or 14.1; and/or
   8. the Lessee being deprived of beneficial occupation of the Unit at any time during the currency of this Lease; and/or
   9. any failure, suspension or interruption of water, electricity, refuse removal, internet connection or any other amenity or service supplied to the Unit and/or the Park, whatever the cause; and/or
   10. arising in any manner whatsoever as a result of the use of the Unit by the Lessee or any 3rd party, it being acknowledged by the Lessee that any machinery, plant, equipment, installation, or system situated in or on, or serving the Unit and/or the Park is used solely at the risk of the Lessee.
2. The Lessee indemnifies the Lessor and holds the Lessor harmless from all claims by 3rd parties in connection with loss of life, bodily or personal injury or Park damage arising from or out of any occurrence in, upon or from the use of the Unit or occasioned wholly or in part by any act or omission of the Lessee or any 3rd party service provider to the Lessor.

LESSOR’S RIGHT OF ENTRY

The Lessor may at all reasonable times, enter the Unit in order to inspect, carry out any necessary repairs or to perform any other lawful function and shall ensure that this right is exercised with minimum interference to the Lessee.

REDEVELOPMENT AND RELOCATION

1. The Lessor shall be entitled at any time during the currency of this Lease to terminate this Lease by giving the Lessee not less than 6 calendar months written notice should the Lessor, in its discretion, elect to
   1. demolish, reconstruct, redevelop, renovate, improve and/or extend any building within the Park and/or the Unit.
   2. open a sectional title scheme in respect of the Park or that building on the Park of which the Unit forms part of, as provided for in the Sectional Titles Act, Act 95 of 1986.
2. The Lessor shall be entitled:
   1. on written notice furnished at any time before the Lease Start Date; or
   2. on 3 calendar months written notice at any time during the currency of this Lease; to relocate the Lessee from the Unit to any other Unit in any building within the Park which in the reasonable opinion of the Lessor is reasonably comparable to the Unit ("Relocated Unit"). In the event the Lessor exercises it rights in terms of this clause 13.2.
   3. the written notice shall contain the approximate date upon which such relocation shall be affected and include a description of the Relocated Unit specifying its approximate size and location within the Park and the monthly rental payable.
   4. all the other terms and conditions of this Lease shall remain unchanged and shall continue to be of full force and effect mutatis mutandis.
   5. the Lessor shall use its best endeavours to perform all work reasonably necessary to affect such relocation in a manner so as not to inconvenience the Lessee; and
   6. the reasonable relocation costs shall be for the account of the Lessor.

DAMAGE OR DESTRUCTION

1. If any building within the Park is rendered untenantable, and the Lessor fails within 60 days after the date of the damage or destruction to give the Lessee written notice that it intends to keep this Lease alive, this Lease shall be deemed to have been terminated on the date of the damage or destruction. Should the Lessor choose to keep the Lease alive it shall reinstate the affected building within the Park substantially to its form before the damage or destruction and the Lessee shall subject to 14.2 be entitled to a remission of rent according to the extent and the time during which it is deprived of beneficial occupation of the Unit.
2. Should the destruction or damage to the Unit be caused by the wilful neglect and/or misconduct of the Lessee then the Lessor shall in no way be liable for any damage or loss sustained by the Lessee in consequence thereof; nor shall the Lessee be entitled to any remission of rent. The Lessee shall be liable for the cost of restoration of the Unit or in the event of the Lessor not reconstructing the Unit, the loss suffered by the Lessor.

BREACH

1. If the Lessee:
   1. fails to pay any Monthly Rental due by it on the due date; or
   2. commits a breach of any of the other terms of this Lease and fails to remedy the breach within 7 days after written notice requiring that it be remedied; or
   3. consistently breaches the terms of this Lease so as to justify the Lessor in holding that the Lessee conduct is inconsistent with an intention to carry out the terms of this Lease; or
   4. is liquidated, wound-up or placed under similar disability (whether provisionally or finally) or should the board of directors of the Lessee pass a resolution in terms of section 129 of the Companies Act to begin business rescue proceedings in respect of the Lessee, or a founding affidavit for or on behalf of the applicant in any proceedings is brought against the Lessee in terms of section 131 of the Companies Act to commence business rescue proceedings or the launching of any such application against the Lessee;
   then Lessor shall be, entitled without prejudice to any additional right of action or remedy available to the Lessor in law, to terminate this Lease without further notice, retake possession of the Unit and recover damages from the Lessee as a result of the aforesaid.
2. Any costs, including legal fees (on attorney/own client scale) and collection fees arising from any breach and/or cancellation aforesaid shall be payable by the Lessee on demand.

HOLDING OVER

1. Should the Lessor cancel or terminate this Lease for any reason whatsoever and the Lessee dispute the Lessor’s rights to do so then pending the determination of that dispute:
   1. the Lessee shall continue to pay, on due date, all amounts due by the Lessee in terms of this Lease;
   2. the Lessor shall be entitled to recover and accept those payments;
   3. the acceptance by the Lessor of those payments shall be without prejudice to and shall not in any manner whatsoever affect the Lessor’s claim to the cancellation of this Lease or of any other nature whatsoever.
2. Should the dispute between the Lessor and the Lessee be determined in favour of the Lessor, then the payments made to the Lessor in terms of clause 16.1.1 shall be regarded as damages paid to the Lessor as a result of the unlawful holding over by the Lessee of the Unit.

ARBITRATION

1. Should any dispute or difference of opinion of whatsoever nature arise between the parties as to the rights, duties and obligations of either party hereunder, then every such dispute and matter of difference shall be referred to arbitration in terms of the Rules of the Arbitration Foundation of Southern Africa (“AFSA”).
2. The decision of the arbitrator shall be final and binding on the parties to this dispute and may be made an order of court, at the instance of any of the parties to the dispute.
3. The arbitrator’s proceedings shall be conducted in accordance with the provisions of the Arbitration Act No 42, 1965 or any statutory amendments thereto.
4. This clause shall not preclude any party from applying to court for a temporary interdict or other relief of an urgent and temporary nature, pending the decision of the arbitrator.
5. Notwithstanding anything to the contrary contained herein, in the event of any claim by the Lessor under this Lease, the Lessor may proceed to prosecute such claim by way of litigation, provided that the Lessor shall be entitled after instituting its claim to call on the Lessee to state in writing whether such claim is disputed or not. If the Lessee:
   1. furnishes notice in writing that it disputes the claim; or
   2. fails to do so but then nevertheless defends such litigation;
   the Lessor may elect to continue with the litigation or refer the matter to arbitration as contemplated in this clause 17. In the latter event the Lessee shall immediately pay the costs incurred by the Lessor in the litigation on an attorney/own client scale and shall not be entitled to recover its own costs from the Lessor.

REINSTATEMENT

1. Notwithstanding anything to the contrary contained in this Lease the Lessee shall at its own expense at the expiry or termination of the Lease reinstate the Unit to “base building condition”, fair wear and tear excepted.
2. The Lessee may, and provided that the Lessor has agreed thereto in writing, offer to pay a cash settlement in lieu of its obligations of reinstatement under clause 18.1.
3. For the purposes of this Lease "base building condition" shall include but not be limited to any or all of the following:
   1. the Lessee reinstating all alterations, additions or improvements and removing any signs, fixtures, fittings, plant and machinery or trade fixtures;
   2. restoration of the standard floor finishes as at the Lease Start Date;
   3. repairing damage to walls and repainting thereof with two coats of paint as specified by the Lessor;
   4. repair or replacement of any broken or damaged or missing items including but not limited to roller shutter doors, light fittings, doors, windows and floor skirtings; and
   5. return all remote controls to air-conditioners, keys and access cards and parking cards issued by the Lessor.

AGENTS COMMISSION

1. The Lessee warrants to the Lessor that Deal Commerce Services (Pty) Ltd was the effective cause of this Lease.
2. The Lessor shall pay the Agents Commission, as agreed to in a separate agreement to this Lease.

SIGNATORIES AND SURETIES

1. If any person/s entering into this Lease acts on behalf of a trust, company, or close corporation whether existing or to be formed, then such persons shall produce his authority to act on behalf of such entity which shall be attached to the Lease as a resolution.
2. If the Purchaser is a company, close corporation or trust, the Signatory below binds themselves to the Lessor as surety and co-principal debtor in solidium for and on behalf of the Lessee to and in favour of the Lessor for all the obligations of the Lessee under this Lease and in particular for all amounts of money that may be due, including damages, from whatsoever cause arising, under renunciation of the benefits of division and excussion. The Signatory further acknowledges that he is fully aware of all the terms and conditions of the Lease as is fully set out herein. The Surety accepts domicilium et executandi as per the Surety Annexure.

GENERAL TERMS

1. If more than one Lessee is a party to this Lease, their liability in terms of this Lease shall be joint and several.
2. The parties choose domicilium citandi et exutandi for all purposes under this Lease, the physical and email addresses stipulated on page 1 hereof. All notices and legal processes shall be addressed to its domicilium aforesaid and either delivered by hand or transmitted by email.
3. The rule of construction that the agreement shall be interpreted against the party responsible for the drafting or preparation thereof shall not apply.
4. Any capitalised words and expressions not defined herein shall bear the meaning, unless inconsistent with the context, assigned thereto in the schedule at the start of this document and the Park Rules, as the case may be.
5. The Lessee acknowledges that it has been free to secure independent legal and/or other advice as to the nature and effect of all of the provisions of this Lease and that it has either taken such independent legal and/or other advice or dispensed with the necessity of doing so.
6. The Lessee acknowledges that it has read and understood the contents hereof (including any limitation of liability, indemnification or limitation in remedy provisions). Further, the Lessee acknowledges that all of the provisions of this Lease are fair and reasonable in all the circumstances taking into account the nature of its relationship with the Lessor.
7. Each of the provisions contained in this Lease and in each clause are independent of the other. If any provision of this Lease is determined to be illegal, invalid or voidable (including in terms of the Consumer Protection Act, 2008) then such provision shall be severable and shall not affect the other provisions of this Lease which shall remain of full force and effect.
8. This Lease shall be binding on and enforceable by the estates, heirs, executors, administrators, trustees, successors in title, permitted assigns, liquidator or business rescue practitioners of the parties.
9. Any reference to the Lessor or Lessee in this Lease shall include its holding companies, subsidiaries, related or inter-related persons, officers, directors, employees, agents and associates. To the extent that the provisions of the Lease constitute a benefit for any of the aforesaid parties, such parties may at any time accept the benefits of any provision of this Lease insofar as it may be applicable to it/them.
10. This document contains the entire agreement between the parties and no party shall be bound by any undertakings, representations, warrantied, promises or the like not recorded herein.
11. The terms and conditions, lease schedule and any annexures to this Lease shall be deemed to be incorporated in and form part of this Lease.
12. The parties record that whilst they may correspond via email, SMS, instant message or the like no amendment of or variation to this Lease may be concluded via email, SMS, instant message or the like and such amendments or variations must be reduced to writing and signed by or on behalf of the parties.
13. Subject to clause 17, the parties hereto consent to the jurisdiction of the Magistrates' Court in terms of Section 45 read with Section 28 of the Magistrates’ Court Act of 1944, as amended. This shall not preclude either party from approaching the High Court of South Africa for any relief sought.

BREAK OPTION

1. The Lessee has the option at its sole discretion to terminate this Lease by giving the Lessor written notice (“Break Notice”) of its intention to terminate on the terms indicated on the Schedule. The Lessee shall only be entitled to furnish its Break Notice if it has not committed any breach of this Lease and has at all times performed its obligations in terms hereof punctually.
2. The exercise by the Lessee of its rights in terms of this clause 22 shall not detract from any of the Lessee's obligations in terms hereof, including its obligation to pay the Monthly Rental for the applicable calendar month of its notice period. Any other charges payable by the Lessee in terms of this Lease raised on or after the termination date shall be due and payable on presentation of an invoice.
3. Upon termination of this Lease in terms of this clause 22 the Lessee shall be obliged to reinstate the Unit in terms of clause 18 and shall complete an exit form and deliver same to the Lessor’s representative.