1.1 In this agreement, unless clearly inconsistent with the context, the following words, expressions, and phrases set out below have the meaning hereunto ascribed to them:
Agreement: The lease agreement between the parties in respect of the Premises.
ECTA: Electronic Communications and Transactions Act No 25 of 2002, as amended.
FICA: Financial Intelligence Centre Act 38 of 2001, as amended.
Lessor: Platinum Storage
Lessee: The party whose details and signature reflect on this agreement.
Moveable Goods: Goods of whatever description, the type, nature, and kind, which is subject to all the conditions of this agreement, brought on the Property and stored in the Premises by the Lessee.
Parties: The Lessor and the Lessee or their duly authorised agents.
Period: The lease period as agreed above.
POPI: Protection of Personal Information Act, 4 of 2013, as amended.
Premises or Storage Unit: The premises allocated and accepted by the Lessee as described on the face hereof.
Property: The property where the Premises is situated, being
Rental: The rental as agreed upon on the face hereof.
2.1. The Lessor hereby allows the Lessee the use of the Premises, for the storage of Movable Goods, in accordance with the Terms set out in the Agreement.
2.2. The Lessee shall be allowed access to the Premises including the Unit allocated to the Lessee, during the Premises access hours for the purposes of depositing, removing, substituting, or inspecting the Movable Goods, subject always all to the Lessee meeting the obligations in terms of this Agreement.
2.3. This Agreement shall start on the Commencement Date and expires on the Expiry Date in the next month succeeding the Commencement Date (“Termination Date”). In either case, the Agreement automatically renews on the first day after the Termination Date until the day before same date in the succeeding month (“Renewal Date”).
2.4. The Lessee agrees to give notice to the Lessor of its intention to vacate the Premises and terminate the Agreement 15 (fifteen) days prior to the Initial Expiry Period or the Renewal Date. If the notice expires prior to the end of a Monthly Cycle, the full month’s rental shall still be payable in respect of that Monthly Cycle.
2.5. If the Lessee has provided notice to vacate but elects not to vacate and continue using the Premises for a further monthly cycle (or part thereof), the notice shall lapse, and the Lessee must provide a new written notice to vacate.
2.6. The Lessor shall provide 14 (fourteen) days written notice to
the Lessee of its intention to terminate the Agreement.
2.7. The Lessee confirms that the Lessor shall during this Agreement, hold “personal information” of the Lessee as defined in POPI.
2.8. The Lessee acknowledges and grants express consent under section 27 of POPI, that the Lessor may have access to the Lessee’s personal information held for the express purpose of [a] conducting any credit searches against the Lessee with any recognised credit bureau and [b] conducting any search/es of any criminal records to determine whether or not the Lessee has committed a criminal offence and/or whether the Lessee is the subject of any criminal investigations. Such consent is limited such that the results of the searches aforesaid are held confidential by the Lessor and shall only disclosed to the directors of the Lessor and its legal advisors and to no other party; and expressly requests that on the expiry of this Agreement that the Lessor [a] releases any personal information pertaining to the Lessee back to the Lessee; [b] stops using, processing or accessing the Lessee’s personal information; [c] destroys any personal information held by the Lessor regarding the Lessee and, save and to the extent that such information may be required to be held in terms of any law.
2.9. The Lessee hereby expressly releases and indemnifies the Lessor and its employees, directors, and agents from any liability for any losses and/or damages (including consequential and indirect losses) arising from any claim or cause whatsoever including to any of the Movable Goods in or about the Premises or Property. All Movable Goods stored in the Premises or Storage Unit shall be so stored at the Lessee’s sole risk.
2.10. The Lessee furthermore indemnifies and holds the Lessor harmless against any personal loss, damage or injury to the person or property of the Lessee or any of the Lessee’s invitees and the Lessor and its employees, directors, and agents from any liability for any losses and/or damages (including consequential and indirect losses) arising from any death or injury to any person.
2.11. The Lessor shall endeavour to ensure that there is a continuous supply of electricity at the Premises to allow the Storage Unit to function during electricity interruptions, breakdowns, blackouts, loadshedding or any other disruption to electricity supply. The Lessee acknowledges that use of the Premises is dependent on such electricity supply and that the Lessor but makes no warranty and gives no undertaking to the Lessee in respect thereof.
2.12. If the Lessor is unable to perform its obligations under the terms of this Agreement, because of acts of God, interruption of electrical power or other utilities, equipment or transmission failure or damage reasonably beyond its control, lockdowns, civil unrest, pandemics or other causes beyond its control, the Lessor shall not be liable to the Lessee for any damages resulting from such failure to perform or otherwise from such causes and the Lessor shall for the duration of such occurrence be excused from performing.
2.13. The Lessee shall provide the Lessor with the required documents in respect of FICA, from time to time and as required, and a failure to do shall constitute a material breach of this Agreement.
The Lessee hereby warrants to and in favour of the Lessor that:
3.1. The Lessee is the lawful owner of all Movable Goods stored at the Premises and/or is lawfully entitled to be in possession and control thereof and to the exclusion of all others and, where applicable, the person, if signing in a representative capacity, is duly authorised by the Lessee to store the Moveable Goods and use the Premises, and failing which the signatory shall be personally liable;
The Lessee shall not p lace or keep in the Unit or Store:
3.2.1. Food or perishable goods unless without the prior, express, written approval from the Lessor (which approval may be withdrawn, without cause or explanation) and provided they are protected from and do not attract vermin.
3.2.2. Plants, birds, fish, animals, or any other creatures.
3.2.3. Combustible, flammable, explosive or oxidising materials, liquids, or gases e. g. paint, petrol, oil, cleaning solvent s, gas cylinders, fireworks.
3.2.4. Chemicals, compressed gases, radioactive materials, biological agents, waste materials, asbestos, pollutants, toxic or hazardous materials or contaminated goods or other materials of a potentially dangerous nature.
3.2.5. Firearms, weapons, ammunition, explosives, or the components thereof.
3.2.6. Any item which emits any fumes, smells, or odour.
3.3. The Lessee shall be liable for any damage to the Premises, and to any storage unit rented to other users or tenants, because of the Lessee’s or the Lessee’s agent/’s, guest/s’, invitee/s’ or representative/s’ actions, and the costs of repair in respect thereof shall be billed to the Lessee.
3.4. The Lessee shall abide by any rules set by the Lessor governing the use of the Premises from time to time and to comply with any reasonable instructions of the Lessor, its employees, agents, or contractors at the Premises.
3.5. The Lessee shall not permit or cause any damage to the Premises; and at the expiration or termination of this Agreement, the Lessee shall:
vacate the Premises by no later than 5.00pm (five) on the applicable date unless prior arrangements have been made and recorded by reciprocal communications with the Lessor and leave the Premises in a clean, empty and good condition and free of any waste material, ready to be re-rented and occupied by another Lessee failing which the Lessee shall pay the Lessor’s costs of cleaning the Premises or disposing of any goods or rubbish left in the Premises, and the Lessee hereby indemnifies and agrees to pay for all costs which may be incurred by the Lessor as a result of the Lessee’s breach of the above warranties and furthermore indemnify the Lessor against any claim or cause of action arising (including those of a third party) out of the Lessee’s use of the Premises.
3.6. These terms apply to the Premises allocated to the Lessee and not any storage Unit represented or shown to the Lessee before commencement of this Agreement.
3.7. The Lessor does not and will not be deemed to have, knowledge of the Movable Goods stored by the Lessee, notwithstanding any inventory of the Movable Goods provided, to which the Lessor will generally have no access save for the specific events of default or otherwise, reflected in this Agreement, nor is the Lessor a bailee or warehouseman of the Movable Goods. The Lessee acknowledges that the Lessor does not take possession of the Movable Goods.
3.8. The Lessor agrees:
3.8.1. To leave the aisles, stairway, service area, lift area and hoist areas of the Premises clear, not to block other tenants’ storage units and exercise courtesy to others and reasonable care for the Lessee’s own safety and that of others using these shared areas.
3.8.2. To meet delivery drivers promptly and to ensure that the front driveway or gate is not blocked and/or vehicle left unattended under any circumstances.
3.8.3. Not to use the Premises as offices or living accommodation or as a home, residential, accommodation, postal or business address and not to use the address of the Premises for receiving or sending mail.
3.8.4. Not to leave any waste or refuse that is created by storing the Movable Goods in the Premises. the Lessee will be charged the reasonable costs of disposing of such waste or refuse if the Lessee fail to comply with this undertaking.
3.8.5. Not to permanently affix shelving or other articles to the walls, ceiling or doors of the Premises (freestanding shelving is permitted);
3.8.6. Not to connect anything to any power point without the Lessor’s prior written consent.
3.8.7. Not to use the Premises to manufacture, sell or conduct other business activities, including but not limited to painting, spray painting or doing any mechanical work of any kind, or use the Premises for any purpose other than for the purpose of storing of Movable Goods.
3.8.8. Not to allow any liquid, substance, smell or odour to escape the Premises or any noise to be audible outside the Premises.
3.8.9. To observe and comply with the “No Smoking” policy in effect at the Premises.
3.8.10. Not to let, sublet, or assign the whole or any part of the Premises.
3.8.11. That the use of trolleys, forklifts or any other mechanical or other equipment used or operated by the Lessor’s staff, where applicable, or used by the Lessee, is at the Lessee’s sole risk and the Lessor is not liable for any damage to the Lessee’s Movable Goods however caused.
3.8.12. To comply with this Agreement and all relevant laws and regulations that may be applicable to the use of the Premises, including laws relating to the material and the way it is stored.
3.8.13. To inform the Lessor immediately in writing of any damage or defect to the Premises; and
3.8.14. That the Lessor may, in its discretion, deny access to the Premises and/ or the Property in case of emergencies.
3.9. The Lessee must ensure that the Premises is suitable for the storage of the Movable Goods that the Lessee stores or intends to store. The Lessor does not warrant or represent that the Premises allocated to the Lessee is a suitable place or means of storage for any goods. The Lessor advises the Lessee to inspect the Premises before storing the Lessee’s Immovable Movable Goods and from time to time throughout the period of this Agreement to ensure its continued suitability. All Storage unit sizes are approximate, and the Lessor accepts no responsibility for the accuracy thereof and the Lessee will not be credited or refunded on any subsequent measuring and discrepancy.
3.10. the Lessee must ensure that Movable Goods presented for storage, are securely and properly packed and in such condition as not to cause damage to the Premises or to the Property or to any other property, whether by spreading damp, infestation, leakage or the escape of fumes or substances or in any other way; and
3.11. The Lessee may record an inventory of the Movable Goods. The Lessor does not inspect the Movable Goods when they arrive at the Premises and shall not keep any records concerning, or any inventory of the Movable Goods, nor shall the Lessor have any knowledge of their nature, condition, or state of repair, nor shall the Lessor access the inventory thereof.
3.12. Only the Lessee and persons authorised or accompanied by the Lessee will be allowed to have access to the Premises. Any such person is the Lessee’s agent for whose actions the Lessee are responsible and liable to the Lessor, and to other tenants of storage units at the Premises or Property.
3.13. The Lessor may refuse the Lessee, or its agents access at any time if the Lessor consider in its sole discretion that the safety of any person at the Premises or Property, or the security of the Premises or its contents, other storage units at the Premises or Property or their contents will be put at risk.
3.14. The Lessee permits the Lessor and its agents and contractors to enter the Premises, if the Lessor: –
3.14.1. provides the Lessee not less than 7 (seven) days’ notice to inspect the Premises and/or the Storage Unit or carry out repairs, maintenance, and alterations to the and/or any other storage unit or part of the Premises.
3.14.2. At any time, without notifying the Lessee if the Lessor:
a. Reasonably believes that the Premises contains any items described above.
b. Wish to ascertain whether the Premises contains any items described above.
c. Are required to do so by the Police, Fire Services, Local Municipality, South African Revenue Service or by a Court Order.
d. Believes it is necessary in an emergency.
e. Obtains access to prevent injury or damage to persons or property.
3.15. The Lessee acknowledges that the Lessor is lawfully obliged under the provisions of the Customs and Excise Act and Counterfeit Goods Act to provide the relevant officials and authorities with all Information and documentation (including a copy of this Agreement and the identify, whereabouts and contact details of a Lessee) and grant the relevant officials and authorities access to the Premises for the purposes of opening, entering, inspecting, confiscating and / or selling the contents thereof. By signing this Agreement, the Lessee:
3.15.1. consents to the Lessor providing any information considered necessary to comply with the applicable laws and regulations.
3.15.2. holds the Lessor harmless and waives any claims of whatsoever nature for any loss or damage because of the Lessor providing any information and documentation and access to the Premises; and
3.15.3. acknowledges that the Lessor is not obliged to supervise the opening and entering of the Premises or the inspection, confiscation, or seizure of the contents of the Premises.
3.16. This Agreement shall not confer on the Lessee any right to exclusive possession or control of the Premises:
3.17. The Lessor may at any time by giving the Lessee 7 (seven) days’ written notice require the Lessee to remove the Movable Goods from the Premises to another storage unit specified by the Lessor which shall not be smaller than the current storage unit.
3.18. In the event of a fire or flood or similar incident or occurrence at the Property which in the Lessor’s opinion requires the Premises or any part of the Property to be closed or sealed off; or if the Premises or any part of the store is closed for redevelopment, the Lessor agree to pay the Lessee’s reasonable costs of removal which have been approved in writing by the Lessor in advance of the removal;
3.19. If the Lessee do not arrange the removal of Movable Goods to the alternative storage unit by the date specified in the Lessor’s notice, the Lessee agrees that the Lessor and its agents and contractors may enter the Premises and do so. In doing so, the Lessor and its agents and contractors will act as the Lessee’s agent and the removal will be at the Lessee’s risk (except for loss or damage caused by the wilful misconduct or gross negligence of the Lessor and its agents and contractors).
3.20. if the Movable Goods are moved to an alternative storage unit, this Agreement will be varied by the substitution of the alternative storage unit.
The Lessor shall not be liable to the Lessee or any third party, whether in contract, delict or otherwise, for any direct, indirect or consequential damages arising from or in connection with the Lessee’s use of the Premises or Property, including (without limitation) loss of data, profits or custom and/ or business lost, whether foreseeable or not and whether or not in the contemplation of the parties at the time of the conclusion of this Agreement.
5.1. If the Lessee:
5.1.1 Commits a material breach of this Agreement and fails to remedy such breach within the time period specified in terms of this Agreement or as may be specified by Fle the Lessor by way of written notice to the Lessee, as the case may be; or
5.1.2. goes into provisional or final liquidation/sequestration or have a petition presented for the Lessee’s winding up or liquidation/sequestration; or
5.1.3. Commits a material breach of this Agreement that is not remediable.
5.1.4. Suspends payments of its debts and obligations and/or commits any other act or omission would justify the winding up or sequestration of the Lessee.
5.1.5. Ceases payment of its obligations to the Lessor in terms of this Agreement.
5.1.6. Is placed under Judicial Management
then (and in any such case) the Lessor may, without prejudice to any other rights or remedies in law, including the right to claim damages and/or the right to require specific performance, and without being liable to the U Lessee ser for any loss or damage which may result due to early termination of the Agreement, terminate this Agreement; and
5.2. If the Lessee is in arrears with amounts due and payable to the Lessor, then the Lessee acknowledges that access may be automatically disengaged. without further reference or notification to the Lessee until any amount in arrears has been paid in full.
5.3. The Lessee must make Prompt Payment of each sum whether invoiced or not, owing by the Lessee to the Lessor from time to time under this Agreement or any other agreement between the Lessee and the Lessor arising from or in connection with this Agreement (“the Lessee’s Arrears”). “Prompt Payment” means payment of every sum due under this Agreement on the first day of each month and, in respect of any sum being due under any other related agreement between the Lessor and the Lessee, payment within 5 (five) days of that sum being demanded by way of letter of demand.
5.4. The terms of this clause 5 are additional to and without prejudice to all/or any rights or remedies in law.
5.5. In the event of a default of the Prompt Payment of the Lessee’s Arrears, the Lessor is relieved of any duty of care howsoever arising in respect of the Movable Goods.
5.6. The Movable Goods are held solely at the Lessee’s risk and the Lessor shall be able to immediately exercise the lien described below.
5.7. The Lessee hereby acknowledges and agrees that in addition to the pledge provided for below, the Lessor shall have a lien on all goods stored within the Premises to secure payment of all amounts due to the Lessor under this Agreement. A lien means the Lessor have a right to retain the Lessee’s Movable Goods until the Lessor has received full payment of the Lessee’s Arrears and the Lessee shall not be entitled to remove any Movable Goods from the Premises until payment of the Lessee’s Arrears has been received by the Lessor, in full.
5.8. If the Lessee does not make Prompt Payment of the Lessee’s Arrears, the Lessee authorises the Lessor:
5.8.1. to refuse the Lessee and its agents access to the Movable Goods, the Property, and the Premises.
5.8.2. to access the Premises and inspect and remove the Movable Goods to another Storage Unit and the Lessee agree to be liable for any damage, loss or expenses incurred as a result thereof; and
5.8.3. to ultimately dispose of some or all the Movable Goods.
5.9. If the Lessee’s Arrears are not paid 30 (thirty) days after the first day of the monthly cycle or the Lessee ails to collect the Movable Goods after the Lessor have required the Lessee to collect them or upon expiry or termination of this Agreement, the Lessor may, sell the Movable Goods and pass all ownership of them and for such purpose, the Lessee appoints the Lessor as the Lessee’s attorney and agent to take such steps and do such things in giving effect to the sale of the Movable Goods and passing good title thereof to the third-party purchaser thereof and the Lessee ratifies and undertakes to ratify anything that the Lessor does pursuant hereto and the Lessor may retain the proceeds of sale to pay first the costs incurred by the Lessor (including reasonable charges for the Lessor’s own time) and secondly in paying the Lessee’s Arrears and to hold any balance for the Lessee. Interest will not accrue to the Lessee on the balance.
5.10. If the proceeds of sale are insufficient to discharge all or any part of the costs of sale incurred by the Lessor and the Lessee’s Arrears (including the costs) , the Lessee must pay any balance outstanding to the Lessor within 7 (seven) days of demand from the Lessor, which will set out the balance remaining due to the Lessor after the net proceeds of sale have been credited to the Lessee. the Lessor will charge interest on the Lessee’s Arrears at the prime overdraft rate plus 2 % until payment has been made.
5.11. Before the Lessor sells the Movable Goods, the Lessor will give the Lessee notice of the amount of the Lessee’s Arrears at the date of the notice and that in default of payment of the Arrears within 10 (ten) days of the date of the notice, the Lessor may sell the Movable Goods in the manner set out in the said notice and pass ownership of the Movable Goods to the purchaser thereof.
5.12. The Lessee agree that the Lessor shall not be obliged to give the Lessee any further notice of any intended sale, the Lessor will sell the Movable Goods by any method (s) reasonably available to achieve a selling price reasonably obtainable in the open market, considering the costs of sale.
5.13. If the Movable Goods cannot reasonably and economically be sold (for any reason whatsoever) or they remain unsold despite the Lessor’s reasonable efforts, the Lessee authorises the Lessor to treat them as abandoned by the Lessee and to destroy or otherwise dispose of them at the Lessee’s cost. The Lessee will pay the Lessor’s reasonable costs incurred in administering the Arrears collection and sale process described in this clause. These costs will include (without limitation), auction costs, removal costs, cleaning costs and the reasonable charges for the Lessor’s own time.
5.14. If the Lessor reasonably believes it is a health and safety risk to conduct an inventory of the Movable Goods, or to open or empty any bags or boxes to undertake an inventory or assess the contents therein, the Lessor may dispose of some or all the Movable Goods without taking an inventory or opening any bags of boxes.
5.15. If the Lessee’s Arrears are paid to the satisfaction of the Lessor prior to the Movable Goods being sold, the Lessor shall restore the Lessee’s access to the stored Movable Goods.
5.16. The Lessor shall give notice to the Lessee of the breakdown of the financial aspects of the disposal of the Movable Goods and shall pay any surplus from the sale or disposal of thereof to the Lessee by way of transfer.
5.17. In addition to the above remedies:
5.17.1. The Lessee agrees that in the event of any legal action being instituted against the Lessee as a result of non-payment of System Rental and/or any other amounts due to the Lessor in terms of this Agreement or as a result of a breach of this Agreement, the Lessee shall pay all the costs incurred in respect thereof on an attorney and client scale, including all collection fees and any tracing charges that may be incurred.
5.17.2. The Lessor shall be entitled, but not obliged, to issue an ordinary summons and the Movable Goods stored in the Premises attached to cover the Lessor’s expenses and any amounts due to the Lessor under the terms of this Agreement.
5.17.3. A partial payment of amounts in arrears will not stop fees or charges being incurred or official procedures being implemented. Any agreement between the Lessee and the Lessor to extend the payment dates or defer sale of Movable Goods must be in writing and signed by both parties to be binding. If the Lessee’s payment is dishonoured for whatever reason, the Lessee are liable for an administrative charge.
6.1. As security for the Lessee’s obligations in terms of this Agreement, the Lessee hereby pledges to the Lessor all Movable Goods stored by the Lessee in the Premises.
6.2. The Lessee agrees that the act of storing goods in the Premises will constitute delivery of the said goods to the Lessor thereby constituting and perfecting the pledge.
6.3. The Lessor shall have the right of parate executie, as set out in clause 5.
6.4. Any right granted herein to the Lessor may be exercised by the Lessor’s representatives or agents.
6.5. This Agreement shall extend to and be binding upon the parties hereto, their heirs, executors, administrators and assigns as well as trustees, liquidators, and judicial managers.
6.6. No extension of time or indulgence granted by the Lessor to the Lessee shall be deemed in any way to affect, prejudice, or derogate from the rights of the Lessor in any respect under this Agreement, nor shall it in any way be regarded as a waiver of any rights hereunder, or a novation of this Agreement.
6.7. The terms of this Agreement form the sole contractual relationship between the parties and no variation shall affect the terms of this Agreement unless it is in writing by the parties to this Agreement. This Agreement supersedes all or any prior agreements or negotiations between the parties hereto relating to the Premises.
6.8. If any provision of this Agreement is unenforceable then that unenforceable provision or portion thereof shall be severed from the remaining provisions of this Agreement, which shall not be affected and shall remain in full force and effect.
6.9. If the Premises or Property should be destroyed or damaged so that the Lessee’s Storage Unit can no longer be occupied by the Lessee, this Agreement shall automatically terminate when that happens unless the parties agree otherwise in writing.
6.10. If the terms of this Agreement accepted for and on behalf of the Lessee by a person (“the Signatory”) acting as an agent or representative of the Lessee, then that signatory in their personal capacity shall be liable for all the obligations imposed on the Lessee in terms of this Agreement in the event the Lessee fail to comply with the Lessee’s obligations in terms of this Agreement.
6.11. If the Lessee transfers the contents of the Premises to a different storage unit (“the New Unit”) for whatever reason, these and conditions shall be deemed to apply to the New Unit unless new terms specifically replace and supersede these terms.
6.12. The Lessor reserves the right to perform a credit check at any time during this Agreement and the Lessee consent to this being performed.
6.13. This Agreement shall be construed and governed in accordance with the laws of the Republic of South Africa and the parties agree that any magistrate court which has jurisdiction over the Lessee shall have jurisdiction to hear any action or proceeding that may arise out of this Agreement. This does not preclude the Lessor from instituting action in any High Court having jurisdiction.
6.14. The failure by the Lessor to exercise any of its rights or to require strict performance of any of the terms and conditions hereof or the granting of any extension or indulgence (“indulgence”) shall not be a waiver of any of the Lessor’s rights all of which shall remain strictly enforceable as if no indulgence were given.
6.15. This Agreement constitutes the sole record of the agreement concluded between the parties as records the import hereof and no collateral or ancillary or subsidiary agreements exist and all prior or previous agreements or arrangements between the parties in relation to the matters herein or ancillary hereto shall be superseded by this Agreement.
6.16. No variation, change, alteration, or consensual cancellation of this agreement or any of the terms hereof shall be valid and binding between the parties unless reduced to writing and signed by or on behalf of them.
7.1. The parties hereby respectively choose as their domicilium citandi et executandi for all purposes and for serving of all notices and legal proceedings in terms of the provisions of this agreement at the addresses recorded in the face hereof. Any party shall be entitled to change its domicilium citandi et executandi by giving 7 days’ notice of an alternative or new address.
7.2. The parties hereby agree and consent to the jurisdiction of the Magistrate Court for any litigation in connection with or pursuant to this agreement. The parties however may institute proceedings in any other competent court at its option.
7.3. All notices required to be given in terms of this agreement, shall be in writing and shall either be delivered by hand or sent by e-mail, in which event such notice shall be deemed to have been received on the day of delivery or if sent by e-mail the following business day after transmission.
8.1. This agreement constitutes the entire agreement between the parties, who record that no representations or warranties other than those contained herein have induced them to conclude this contract.
8.2. No amendment, variation, or consensual termination of this contract or any of the terms or conditions hereof shall be binding on the Parties unless reduced to writing and signed by both the parties.
8.3. If any provision contained in this agreement is or has become ineffective or is held to be invalid by a competent authority or court having final jurisdiction there over, all other provisions of this agreement shall remain in full force and effect. There shall be substituted for the said invalid provision, a valid provision having an economic effect as similar as possible to the original provision.
8.4. This agreement shall extend to and be binding upon the parties hereto, their heirs, executors, administrators, and assigns.
No relaxation or indulgence granted to the Lessee by the Lessor shall constitute a waiver of any of the Lessor’s rights or a novation of this contract or any part hereof and shall not stop the Lessee from exercising any rights in terms hereof or at law.
