MEMORANDUM OF AGREEMENT OF LEASE Made and entered into by and between LESSOR: FULL NAME: NUMBER: ADDRESS: TEL

NUMBER: FAX NUMBER: (the LESSOR) LESSEE: FULL NAME: NUMBER: ADDRESS: TEL NUMBER: FAX NUMBER: (the LESSEE) Full names of natural person, Company,CC or Trust ID Number if natural person, else registration number A physical address, not a PO Box Full names of natural person, Company,CC or Trust ID Number if natural person, else registration number A physical address, not a PO Box

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2 1. LEASE

The LESSOR hereby lets to the LESSEE, who hereby hires certain residential premises situate at street address of premises (hereinafter referred to as the Premises). 2. PERIOD

The Lease shall be for an initial period of 12 (Twelve) months commencing on the day day of month year, and terminating at midnight on day day of month year, unless terminated sooner as hereinafter set forth. 3. 3.1 3.2 RENTAL The rental made payable by the LESSEE to the LESSOR shall be the sum of R amount in figures (amount in words Rand) per month. The rental shall be payable monthly in advance without deduction or set off for any cause whatsoever, on or before the first day of each and every calendar month, with effect from the commencement date. All rentals shall be paid into such banking account or alternatively at such physical street address as the LESSOR may from time to time, in writing, appoint, on not less than 7 (seven) days notice to the LESSEE. DEPOSIT As security for fulfilment of all of his obligations in terms of this Lease, the LESSEE shall pay a deposit to the LESSOR, prior to or simultaneously with signature hereof, of R amount in figures (amount in words Rand), which amount shall be held by the LESSOR, subject to the provisions of this clause. The LESSOR shall be entitled to deduct from the deposit any amounts payable by the LESSEE in terms of this Lease which remain unpaid after due date. In the event of such deduction during the period of the Lease the LESSEE shall, upon the LESSORS request, forthwith reinstate the deposit to its full amount as herein before specified. Upon the termination of the Lease for whatever reason, the LESSOR shall refund to the LESSEE, with interest, the deposit, or any balance thereof having regard to any deductions made or which the LESSOR may be entitled to make in terms of this clause. The LESSOR shall be entitled to set off against payment in terms of above any liquidated amounts due in respect of rental or otherwise and/or any claims for damages or any other illiquid amount against the LESSEE.

3.3

4. 4.1

4.2

4.3

4.4

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3 5. 5.1 INSPECTION The LESSOR and LESSEE jointly inspected the premises before the LESSEE moved in and in Annexure A hereto registered the defects in and damage to the premises. Except for what is stated in Annexure A, is hereby recorded that at the time of commencement of the lease the premises were in a good state of repair and condition, suitable for the purpose for which they were let, and that all keys, locks, glass windows, electrical installations, sanitary ware, sewage pipes, stoves, water taps, geysers and other items including all the movable goods specified in the inventory attached hereto are likewise in good order and condition. Within three days before the lease expires, the LESSOR and LESSEE must jointly inspect the premises at a mutually convenient time to determine if there are any defects in or damage to the premises, other than those referred to in Annexure A. Such inspection will not exempt the LESSEE from liability for damages to or defects in the premises, concealed or hidden from the LESSOR during the inspection, or arising between the date of the inspection and the date when the LESSEE has vacated the premises. The understanding is that on termination of the lease the LESSEE must restore the premises to the LESSOR in the same condition as they were at commencement of the lease, fair wear and tear excluded. THE LESSEES OBLIGATIONS

5.2

6.

The LESSEE for himself and his permitted assigns covenants with the LESSOR as follows: 6.1 To pay for the water and electricity connection and to pay, on due date, the charges levied by any competent authority for water, electricity and gas and for such sanitary, sewerage and all refuse removal services as may not be included in the annual rates and taxes levied on the leased premises, and any other tenants consumption charges. At his own cost, to maintain and keep in repair the interior of the leased premises and to keep properly painted all interior surfaces where paintwork is required and to further maintain in good order and repair the electrical, drainage, sanitary works, machinery, plant, if any and any installations in the leased premises, fair wear and tear excepted. If he shall fail to do so, the LESSOR may affect such repairs or maintenance as may become necessary, and shall be entitled to recover the cost thereof from the LESSEE. To keep and maintain all windows and mirrors in the leased premises in good order and condition and to replace at his cost any damaged or broken glass, howsoever that damage or breakage be caused. Not to drive nails or other objects into the walls or woodwork or ceilings of the leased premises, nor do anything which may be calculated to damage the walls or woodwork or ceilings or any portion of the leased premises. To use the leased premises solely for residential purposes, unless the LESSOR grants prior written consent for an alternative use (which consent shall not be unreasonably withheld).

6.2

6.3

6.4

6.5

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4 6.6 Not to sub-let the leased premises or any part thereof nor to assign this lease nor to cede all or any of his rights herein, nor to permit any other person to occupy the leased premises or any portion thereof nor to part with possession of the same without the prior written consent of the LESSOR. To allow the LESSOR or its agents reasonable access to the leased premises for the purpose of inspecting and repairing the same. Not to alter, interfere with or overload the electrical or other lighting or heating installations in the leased premises and to replace, at her own cost, all keys, locks, fluorescent or incandescent light bulbs and switches and bulbs and sockets used or contained in the leased premises. To allow the LESSOR to display a To Let notice during the 3 (three) months immediately preceding the expiration of this lease and a For Sale notice at any time during the period of this lease and to show prospective LESSEE or buyers the interior of the leased premises at all reasonable times.

6.7 6.8

6.9

6.10 Not to allow or permit disorderly conduct or noise in the leased premises so as to constitute a nuisance to the occupiers of neighbouring or adjoining flats or properties. 6.11 Not to allow the leased premises to stand vacant for any period exceeding one (1) month during the term of this agreement. 6.12 To notify the LESSOR in writing within seven (7) days of the date of the commencement of the lease of any defects in the leased premises, including the locks, windows, or any fixtures, fittings and installations and if the LESSEE does not timeously do so, he shall be deemed to have accepted the same in good order and condition. At the expiration or sooner termination of this Lease, the LESSEE undertakes to deliver up the premises to the LESSOR in the same good condition and repair, and unless otherwise stated in this lease, reasonable wear and tear only excepted. 6.13 Not to install any fixtures or fittings in the leased premises without the written consent of the LESSOR, which consent shall not be unreasonably withheld. It shall be at the option of the LESSEE to remove any authorized fixtures and fittings, provided that any fixtures and fittings not yet removed shall become the property of the LESSOR without obligation to compensate the LESSEE in respect thereof. The LESSEE shall be obliged to make good any damage or blemishes occasioned to the leased premises on removal by the LESSEE of any fixtures and fittings. 6.14 Not to make any structural alterations or additions to the leased premises without the prior written consent of the LESSOR. 6.15 To take care to avoid any blockage in any gutter or downpipe or any sewerage or water pipes or drains connected with the leased premises, and to cause to be removed at his own cost any obstruction or blockage which occurs in such gutters, downpipes, pipes or drains on the leased premises whether internal or external and, where necessary, cause to be repaired any such sewer, pipe or drain. 6.16 In the event of there being a telephone upon the property, to pay on due date all charges of whatsoever nature or kind levied by the telephony service provider in respect thereof.

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6.17 To have all fitted carpets properly cleaned by a professional carpet cleaner immediately prior to vacation of the leased premises, upon termination of the lease. 6.18 To maintain the garden in good order and appearance, including regular watering and replacement of plants when necessary. 6.19 To replace all fluorescent or incandescent light bulbs, starters and ballasts used in the leased premises. 6.20 Any repairs to the leased premises and any replacements of any articles or things in or on the leased premises which are effected by the LESSEE shall be carried out to the satisfaction of the LESSOR by competent and experienced workmen employed by the LESSEE for such purposes who shall not use any materials which are inferior in type or quality to those in use in or on the leased premises on the commencement date hereof. 7. EXTERIOR MAINTENANCE

The LESSOR hereby agrees to keep and maintain, at his cost, the exterior and roof, gutters and down-pipes of the leased premises (excepting the glass in windows and doors of the leased premises) in good order and condition, fair wear and tear excepted. The LESSEE shall not have any claim against the LESSOR for damage or otherwise, nor shall the LESSEE be entitled to withhold or defer payment of rent by reason of the leased premises being in a defective condition, save if the LESSOR, after written notification from the LESSEE refuses or delays unduly in effecting such repairs to the premises for which he is responsible.

8. 8.1

NOTICES AND DOMICILIUM All notices which may have to be given by either party to the other after the date of commencement of this Lease shall be deemed to have been effectively given if delivered by hand or sent by prepaid registered post by one party to the other at the addresses reflected on page one hereof. The parties choose the aforesaid addresses as their domicilia citandi et executandi. A notice which is sent by registered post in a correctly addressed envelope to the address specified above will be deemed to have been received (unless the contrary is proven) within 7 (seven) days from the date it was posted. A notice which is delivered by hand to a responsible person during ordinary business hours at the address in above, will be deemed to have been received (unless the contrary is proven) on the day of delivery. Either party may by written notice to the other change its domicilium citandi et executandi to any other address in the province in which the Premises are located which is not a P. O. Box or poste restante.

8.2

8.3

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6 9. INSURANCE

The LESSEE shall not do or omit to do anything or keep in or on the premises anything or allow anything to be done or kept on the premises which in terms of any insurance policy held from time to time by the LESSOR in respect of the building and/or premises may not be done or kept therein, or which may render any policy(ies) void or voidable and the LESSEE shall comply in all respects with thee terms of any such policy(ies) provided that if any premium payable in respect of such policy(ies) is increased as a result of the LESSEE not complying with the aforesaid provisions, the LESSEE shall be liable to the LESSOR for payment of any such additional premium. 10. VACATION OF PREMISES

On vacation of the leased premises by the LESSEE, all keys and all duplicates thereof shall be delivered immediately and in good order and condition to the LESSOR or its agents or to such other person as the LESSOR or its agents may in writing direct. 11. COURT PROCEEDINGS

11.1 The LESSEE hereby consents, in terms of section 45 of the Magistrates Courts Act of 1944, to the jurisdiction of the Magistrates Court in respect of any actions or proceedings which may be instituted by the LESSOR arising out of this Agreement, or any breach or alleged breach, and further agrees that should the LESSOR institute proceedings either in the Magistrates Court or in the High Court, then and in that event the LESSEE shall be liable for all costs which shall be incurred by the LESSOR on the attorney and client scale, including collection commission. 11.2 Should the LESSOR institute legal action against the LESSEE as aforesaid, a certificate under the hand of a director, secretary or agent of the LESSOR indicating the amount due to the LESSOR shall be sufficient and prima facie proof for the purposes of provisional sentence of the amount reflected thereon, as also for purposes of summary judgment or any other legal proceedings whatsoever. 12. DAMAGE TO LESSEES PROPERTY

The LESSOR shall not be responsible for any damage to the LESSEES goods, stocks, equipment, books, paper or other articles kept or installed in the leased premises by rain, wind, hail, lightning, leakage, burst pipes or by reason of riot, strikes, the Republics enemies or through any other cause whatsoever and shall not be liable for any loss, damage or inconvenience or for any loss of beneficial occupation caused to the LESSEE by reason of any temporary interruption in the supply of water, electricity, lift service, or other amenities to the leased premises.

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7 13. LESSORS LIABILITY

13.1 The LESSEE shall not have any claim of any nature against the LESSOR nor shall the LESSEE be entitled to withhold or delay payment of the amounts due to the LESSOR for any accident, injury, loss or damage: 13.1.2 by reason of the stand or leased premises or building or any portion thereof being in a defective condition or in a state of disrepair or any particular repair not being affected in a proper manner or at all by the LESSOR; arising out of vis maior, causus fortuitus or any other cause either wholly or partly outside the LESSORS control; caused through any negligence whatever on the part of the LESSOR or the LESSORS servants or employees; arising out of any act or omission whatever by any other occupier of the premises of the building;

13.1.3 13.1.4 13.1.5

13.2 The LESSEE hereby undertakes to indemnify the LESSOR against any claim made against the LESSOR by anybody for any loss or damage: 13.2.2 13.2.3 14. suffered in the leased premises, or occasioned by any act or omission of the LESSEE.

DAMAGE OR DESTRUCTION OF LEASED PREMISES

14.1 In the event of the leased premises being damaged by fire or otherwise in such a manner that the leased premises are nevertheless tenantable, then this Agreement shall not be cancelled and provided that such damage was not caused through the negligence of the LESSEE in respect of the leased premises, the rental payable shall be abated pro rata having regard to the extent to which the LESSEE may not enjoy beneficial occupation of the leased premises. 14.2 Should the leased premises be structurally destroyed or structurally damaged to such an extent as to render the same untenantable, then this Lease shall forthwith ipso facto terminate. Furthermore, should any other portion or portions of the building be so destroyed or damaged as to render it necessary in the bona fide opinion of the LESSOR for the whole of the building to be rebuilt, the LESSOR shall be entitled forthwith to cancel this Lease simultaneously with the cancellation of all the other tenancies of the building, if any. In the event of the LESSOR deciding to let the leased premises upon its restoration, the LESSEE shall have the right of first refusal to let the leased premises at a rental to be agreed to between the LESSOR and the LESSEE. 15. CLEAN CONDITION OF LEASED PREMISES

The LESSEE shall at his own expense keep the leased premises in a clean and tidy condition, free of all rubbish or litter, and shall keep the refuse area utilized by the LESSEE in a clean, tidy

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8 and sanitary condition and free from all vermin, pests and rubbish to the satisfaction of the health authorities and the LESSOR. 16. ONUS

If the LESSOR withholds its consent to anything proposed to be done by the LESSEE under this Lease where it is stipulated that the written consent of the LESSOR thereto is required and that such consent shall not be unreasonably withheld, the onus of establishing that the LESSOR has acted unreasonably shall lie with the LESSEE. 17. LESSEES BREACH

17.1 Should the LESSEE: 17.2.1 fail to pay the monthly rental or any other amount due in terms of this Agreement on due date; or 17.2.2 commit any other breach or permit the commission of a breach of any of the other conditions of this Agreement; or 17.2.3 repeatedly breach any of the terms of this Agreement in such manner as to justify the LESSOR in holding that the LESSEES conduct is inconsistent with the intention or ability of the LESSEE to carry out the terms of this Agreement; then and in any of such events the LESSOR shall without prejudice to its right to damages or to its right to eject the LESSEE from the premises or to any other claim of any nature whatever that the LESSOR may have against the LESSEE as a result hereof: (a) be entitled to cancel this Agreement; or (b) in the case of above, to remedy such breach and immediately recover the total cost incurred by the LESSOR in so doing from the LESSEE. 17.2 Should the LESSOR cancel this Agreement and the LESSEE dispute the LESSORS right to do so and remain in occupation of the premises pending the determination of that dispute, then: 17.2.1 the LESSEE shall continue to pay, on due date, all amounts due by the LESSEE in terms of this Agreement; 17.2.2 the LESSOR shall be entitled to recover and accept those payments; 17.2.3 the acceptance by the LESSOR of those payments shall be without prejudice to and shall not in any manner whatever affect the LESSORS claim to cancellation of this Agreement or of any other nature whatever. 17.3 Should the dispute referred to in above be determined in favour of the LESSOR, then payments made to the LESSOR in terms of above shall be regarded as damages paid by the LESSEE on account of the loss sustained by the LESSOR as a result of the holding

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9 over by the LESSEE of the premises and, should the dispute be determined in favour of the LESSEE, the said payments shall be deemed to be rentals duly paid by the LESSEE. 18. NO VARIATIONS

No variation of this Agreement shall be of any force or effect unless it is in writing and is signed by both the LESSOR and the LESSEE. 19. ENTIRE CONTRACT

This document contains all the terms and conditions of the Agreement between the LESSOR and the LESSEE in regard to the letting of the premises. Neither party shall have any right or remedy arising from any undertaking, warranty or representation not included in this document. 20. RELAXATION OF TERMS

No relaxation of terms or indulgence which the LESSOR may grant to the LESSEE will in any way operate as an estoppel against the LESSOR or be deemed to be a waiver of its rights or in any other way limit, alter or prejudice those rights. 21. COSTS

The costs of and incidental to the preparation of this Agreement and its execution, including the costs of all consultations, attendances and correspondence relating thereto, and including the stamp duty payable upon the Agreement shall be borne and paid by the LESSEE on demand.

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22. 22.1

INTERPRETATION The head notes to the various clauses of this Agreement have been inserted for ease of reference only and shall not be taken into account when interpreting the provisions of this Agreement. Words importing the singular shall include the plural and vice versa; words importing any one gender shall include the other two; and words importing persons shall include bodies corporate. The premises means the premises let in terms of this Lease and all the LESSORS fixtures and fittings therein or appertaining thereto. The commencement date means the date on which this Lease commences.

22.2

22.3 22.4

THUS DONE AND SIGNED AT AS WITNESSES 1. 2.

THIS

DAY OF

200 .

for the LESSOR

THUS DONE AND SIGNED AT AS WITNESSES 1. 2.

THIS

DAY OF

200 .

For the LESSEE

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