The Premises shall be kept in a clean, tidy and sanitary condition.
The Tenant shall not cede any of its rights or delegate any of its obligations under this agreement.
The Tenant shall not sub-let, permit anyone else to occupy, or part with possession of the Premises or part thereof.
Blue Views shall at any time have reasonable access to the Premises for the purposes of inspection or for showing prospective tenants or purchasers the Premises or for any other reasonable purpose provided that Blue Views shall exercise its rights in terms hereof with the least possible inconvenience to the Tenant.
The Tenant undertakes to pay to Blue Views an amount equal to any claim made against Blue Views by anyone for any loss, damage or injury suffered in or on the Premises in consequence of any act or omission by the Tenant or any persons under the Tenant’s control.
In terms of Section 45 of the Magistrate’s Court Act 1944, as amended, the Tenant consents to the jurisdiction of the Magistrate’s Court Cape Town having jurisdiction of the Tenant’s person in respect of any action or proceedings which may be instituted against the Tenant in terms of or arising out of this agreement, notwithstanding the amount of the relevant claim. Notwithstanding the foregoing, Blue Views will be entitled, in its discretion, to institute any action or proceeding against the Tenant in terms of or arising out of this agreement and any High Court which has jurisdiction.
Should the tenant:
Failure to pay any amount due in terms of this agreement on due date; or
Commit or allow the commission of any other breach of this agreement and fail to remedy that breach within a period 7 (seven) days after the receipt of notice to that effect by Blue Views; or
repeatedly breach any of the terms of this agreement in such a manner to justify Blue Views in holding that the Tenant’s conduct is in inconsistent with the intention or ability of the Tenant to carry out the terms of this agreement,
Then and in any such events Blue Views shall without prejudice to its right to damages or to its right to effect the Tenant from the Premises or to any other claim of any nature whatever that Blue Views may have against the Tennant as a result thereof:
Be entitled to cancel this agreement, or
to remedy such breach and immediately recover the total cost incurred by Blue Views in so doing from the Tenant.
Should Blue Views institute action against the Tenant pursuant to a breach by the Tenant of this agreement, then without prejudice to any other rights which Blue Views may have, Blue Views shall be entitled to recover all legal costs incurred by it including attorney and own client charges, tracing fees and such collection commission as Blue Views is obliged to pay to its attorneys, from the Tenant.
The validity, interpretation and performance of this agreement will be governed by the law of the Republic of South Africa. The parties submit to the jurisdiction of the courts of the Republic of South Africa in respect of any dispute that arises in connection with this agreement.
No alteration, cancellation, variation of, or addition hereto shall be of any force or effect unless reduced to writing and signed by all parties to this agreement or their duly authorised representatives.
This agreement cancels and supersedes the terms and conditions of all prior negotiations and agreements between the parties.
This document contains the entire agreement between the parties and no party shall be bound by any undertakings, representations, warranties, promises or the like not recorded herein. No indulgence, leniency or extension of time which Blue Views may show to the Tenant, shall in any way prejudice Blue Views or preclude Blue Views from exercising any of its rights in the future.