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Address: 3 Bennie Osler Street, Unitaspark, Vereeniging, 1943
Herein represented by J GREYLING – ID No: 7206165059086
In his capacity as director and duly authorized thereto.
Hereafter referred to as (the “LANDLORD”) in its capacity as owner of
AND
THE TENANT
1.1.1. In this Lease the following expressions shall bear the meanings assigned to them below and cognate expressions bear corresponding meanings:
1.1.2. “Agency/ies” means a company or business that leases out buildings and land for their clients and assists their clients with its leasing needs.
1.1.3. “Data Privacy Legislation” means applicable data privacy legislation and laws including but not limited to the Protection of Personal Information Act, 4 of 2013, as amended from time to time.
1.1.4. "Equipment" means the masts, antennas, radio telecommunication and other equipment, fixtures or fittings being the property of the TENANT.
1.1.5. “Lease" means this lease agreement between the LANDLORD and the TENANT and all annexures attached hereto, as amended in writing by the Parties from time to time.
1.1.6. “Nominated Contact” means the person/s nominated by the Parties to be contacted regarding this Lease.
1.1.7. "Parties" mean both the LANDLORD and the TENANT and “Party” means either the LANDLORD or the TENANT as the context indicates.
1.1.8. "Personal Information" has the meaning set out in section 1 of POPIA.
1.1.9. "POPIA" means the Protection of Personal Information Act, 4 of 2013.
1.1.10 1.1.10."Premises" means the LANDLORD’s immovable property where the Site is situated.
1.1.11. "Processing" or "Process" has the meaning set out in POPIA and includes any operation or activity or any set of operations, whether or not by automatic means, concerning Personal Information, including:
1.1.11.1. the collection, receipt, recording, organisation, collation, storage, updating or modification, retrieval, alteration, consultation, or use.
1.1.11.2. dissemination by means of transmission, distribution or making available in any other form; or
1.1.11.3. merging, linking, as well as restriction, degradation, erasure, or destruction of Personal Information.
1.1.12. "Site" means the space on the 1 sqm Premises which is leased by the LANDLORD to the TENANT in terms of this Lease with the following GPS Coorodinates of high site as set out in the Lease Schedule marked Annexure “B”
1.1.13. "VAT" means tax as levied from time to time in terms of the Value Added Tax Act, 89 of 1991.
1.2. If any provision in a definition is a substantive provision conferring rights or imposing obligations on either Party then, notwithstanding that it is only in the definition clause, effect shall be given to it as if it were a substantive provision in the body of this Lease.
1.3. Where figures are referred to in numerals and in words, if there is any conflict between the two, the words shall prevail.
2.1. Whereas the TENANT carriers on business as a WISP / RADIO company and wishes to lease the Site located at the Premises mutually agreed on, for the purpose of housing and installing certain Equipment for the facilitation of the services it provides to its customers, being homes or companies; and
2.2. Whereas the LANDLORD has indicated its willingness to rent to the TENANT such Site as has been mutually agreed upon for the purpose described in clause 2.1 subject to certain terms and conditions.
3.1. The LANDLORD does not warrant that the Premises hereby let are suitable for the purpose for which it is let.
4.1. The initial period of the rental shall be for a period of 1 (One) year, form date of accepted agreement. A New rental contract with escalation and confirmation of all equipment on each Site will commence on the date of the document agreement.
4.2. In the event of no notice of termination being received by either party on or before the expiry date the rental contract shall continue on a month-to-month basis and either Party shall have the right to terminate the rental contract upon 1 (one) month prior written notice of the other.
4.3. There will be an escalation of 10% charged annually or by renewal.
5.1. In payment the LANDLORD shall receive a monthly amount stipulated by equipment selected plus V.A.T. per month per system rental as per ANNEXURE A. Amounts as agreed upon will be payable in advance per EFT. Invoices will only be submitted as confirmation of the rental amounts and period,
5.2. The said rental will start on date of acceptance of this contract.
6.1. TENANT shall have the right to install Equipment on the Site provided that both the installations and the operation thereof shall not cause any direct harm, danger or damage to the LANDLORD, its servants, occupants, and invitees or any person having legitimate access to the Site during the duration of the contract.
6.2. The TENANT hereby undertakes to ensure that the installation of all equipment is carried out by qualified person in accordance with accepted engineering standards. Such installations will be done to the satisfaction of the LANDLORD. The TENANT will be permitted to connect all antenna to the existing lighting protection system. Such connection shall be made in accordance with the S.A.B.C. Code of Practice.
6.3. The TENANT shall not contravene or permit to contravene any laws, ordinances or regulation as may be applicable to the leased Premises let, the equipment therein and the use thereof.
6.4. Notwithstanding the above, ANNEXURE A prescribes the minimum technical requirements for cable and equipment.
6.5. The TENANT is not allowed or permitted to add or decrease or remove any channels, repeaters or equipment without prior notice to the LANDLORD and as such accepted by the Landlord.
6.6. Any spare or unused equipment / antenna on site will attract monthly rental equipment to the amounts as per ANNEXURE A.
7.1. The LANDLORD will provide the necessary electrical outlets and power points for power tools and lights. The cost of any new installations of new electrical outlet and power points of the rented Premises or any other cost directly incurred to accommodate the TENANT’S equipment will be for the TENANT’S account
7.2. The LANDLORD undertakes to take all reasonable steps to ensure continuity of supply of electricity. The TENANT undertakes to notify the LANDLORD or his representative immediately of any defects in the electrical installation.
7.3. The LANDLORD (For “LANGRAND” only) warrants that it will provide the TENANT with a Standby Diesel Plant in case of interruption of the supply of 230 Volt from the supply authority. This will normally switch in automatically.
8.1. The LANDLORD shall be responsible for the payment of the costs of the electricity up and until such date on which the LANDLORD installs a sub-meter which installation will be at the TENANT’S cost.
8.2. The TENANT shall be responsible for the cost of his electricity consumption indicated by the sub-meter and shall pay the monthly cost of thereof to the LANDLORD. The reading of the meter shall be accepted by both the LANDLORD and the TENANT as conclusive proof of consumption. The cost shall be calculated at the same rates and levies, which the TENANT will pay as if he was a direct consumer of the supplier of the electricity.
8.3. The LANDLORD shall ensure that power is always available unless the power failure is due to circumstances beyond his control.
9.1. The TENANT shall keep the rented Premises in good order. The TENANT undertakes to remove all its moveable property from the Site at the date or prior termination of this agreement.
9.2. The TENANT shall be responsible for the repair to the satisfaction of the LANDLORD of any direct damage to the Site as a result if the removing of the equipment, tools or other articles used by the TENANT or intended for his use.
9.3. The TENANT shall always for the duration of this agreement or any renewal of it, keep and maintain in all wiring and fittings in good working order.
10.1. The TENANT shall not have the right to affect any alterations or additions to the Site without the prior written consent of the LANDLORD. Any alterations or additions affected by the TENANT shall become the property of the LANDLORD at the expiry or prior termination of the agreement, without him/her/it being liable for any compensation.
10.2. The TENANT shall ensure that the electric plugs or electric wiring is not used for any other purpose than to supply power to the equipment with a maximum loading of 15A per outlet. For a deviation the TENANT first must obtain the consent of the LANDLORD.
10.3. Should consent as required in sub-clause 10.2 be given, the alterations or use nevertheless shall be affected strictly in accordance with the requirements and conditions that the LANDLORD may lay down, as well as all rules and regulations made by the supplier of electricity, insurance offices and by the municipality or other authorities from time to time.
11.1. The LANDLORD or his/her/its representatives shall have the right to always inspect the TENANTS equipment for compliance.
12.1. The TENANT shall not do or permit or cause anything to be done which constitutes a nuisance or may cause inconvenience to, or in any way disturb the peace of the LANDLORD or other TENANT on the site, or which likewise may detract from the general neat appearance of the rented Premises. The TENANT shall also be obliged at his own expense to comply with the requirements of all regulations, laws, provincial ordinances and municipal orders and regulations concerning the conduct of the TENANT’S business.
12.2. Without limiting the generality of the forgoing, generality, the TENANT shall not have the right to store or leave goods or articles on any other part of the property, which does not form a part of the system.
13.1. UNRENTABLE:
If the Site is completely destroyed, or the Site is rendered unfit for the purpose for which it is rented, as a result of fire, storms or any other cause that was beyond the control of the LANDLORD, this agreement shall terminate, and the TENANT shall have no claim for compensation against the LANDLORD.
13.2. RENTABLE:
Should the Site be partially damaged by fire, storms or any other cause to such an extent that the TENANT is still reasonably able to use this for the purpose described in the agreement, the LANDLORD shall ensure that the Site is repaired as soon as possible, and the TENANT shall be entitled to a reduction of the rental if the Site is being repaired. The amount of the reduction shall be mutually agreed upon.
14.1. The LANDLORD shall not be liable for any damage or loss which the TENANT, its directors, its employees, its visitors, its clients, its assignees, any other member of the public or any other person may suffer in or at the Site, provided that such damage or loss shall not have been caused by the LANDLORD’S gross negligence or wilful misconduct
14.2. Subjected to clause 13.1, all damages to the leased Premises, arising out of or in any way connected with the rejection, inspection, servicing, repairing and general maintenance of the equipment, shall be made good by the TENANT. In the event of the TENANT defaulting herein and remaining in default for a period of 14 days after written notice has been given by the LANDLORD to the TENANT requiring such default to be remedied, the LANDLORD shall be entitled to make good such damage or cause damage to be made good and to recover the cost thereof from the TENANT and to this end shall be entitled to enter the leased Premises for the purpose of making good such damage.
15.1. If the INSURANCE PREMIUMS are increased as the result of inflammable or other dangerous goods or materials being brought on the site, with or without the LANDLORD’S consent, the LANDLORD way recover the increase in premiums from the TENANT.
15.2. The LANDLORD hereby warrants that the purpose described in clause 2 in terms of the lease will not render void or voidable any insurance policy held by the LANDLORD in respect of the Site, and further that such use will not adversely affect the renewal terms of any such insurance policy.
16.1. The TENANT shall not have exclusive rights to the use of the Site.
17.1. The LANDLORD shall permit employees, sub-contractors or agents of the TENANT to always enter the Site for the purpose of erecting, inspecting, servicing or repairing their equipment. The LANDLORD shall stipulate from time to time the ways by which admittance to the property may be obtained.
17.2. Any employee, sub-contractors or agents of the TENANT that enter the site should have the necessary training and correct safety equipment to enable them to safely work on the site or any mast as per the Occupation Health and Safety Act.
18.1. The LANDLORD shall be entitled from time to time to prescribe rules and regulations to facilitate the administration of the site. The TENANT agrees to abide by these rules and regulations. The LANDLORD shall provide the TENANT with a set of rules and regulations applicable to the Site and shall notify the TENANT in writing of any amendments to any rule or regulation.
19.1. Any concession or relaxation which may be granted by the LANDLORD to the TENANT, and in particular the acceptance of rental after the due date of a lesser sum that the full amount of rental due or of other moneys payable by the TENANT shall in no way detract from or prejudice the LANDLORD’S rights in terms of this agreement, nor be considered a waiver of his rights in terms of this agreement. No amendment of this agreement shall be binding unless it is expressed in writing and is signed by the parties to the agreement of lease.
20.1. Should either Party breach any of the provisions of this lease agreement and fail to remedy the breach within 30 (thirty) days from which it receives a written notice from the other Party calling upon it to remedy the breach, the non-defaulting Party shall be entitled to cancel this agreement forthwith by written notice to the defaulting Party, without prejudice to any other rights which the non-defaulting Party may have as a result of such breach.
20.2. Should the rent not be paid for 2(two) consecutive months, or should the TENANT in any respect violate, or permit the violation of any condition of this agreement, the LANDLORD shall have the right, notwithstanding any previous waiver, relaxation or concession which he may have granted, to cancel this RENTAL CONTRACT forthwith.
20.3. The person who signed this agreement confirm that they acted with the necessary authority and agrees to the terms and conditions set out herein.
21.1. The Parties selected as their respective domicilia citandi et executandi the physical address, fax and e-mail set below for the purposes of giving or sending any notice provided for or required hereunder, or such other address or telefax number as may be substituted by notice given as herein required.
21.2. Any notice addressed to a Party at its physical address shall be sent by prepaid registered post, or delivered by hand, or send via e-mail or telefax. Any notice shall be deemed to have been received –
21.2.1. If delivered by hand or by pre-paid courier, unless the contrary is proved on the date of delivery, provided such date is a business day or otherwise on the next following business day;
21.2.2. If delivered by e-mail to the addressee’s e-mail address for the time being, by the addressee on the date of despatch (unless the contrary is proved by the addressee);
21.3. Notwithstanding anything to the contrary contained herein, a written notice or communication received by one of the Parties from other, including by way of email transmission, shall be adequate written notice or communication to such Party.
21.4. The TENANT hereby agrees that, notwithstanding the provisions of the Magistrate Court Act (as amended or submitted from time to time) about jurisdiction regarding causes of action, a Magistrate’s Court shall have jurisdiction in any action which may arise from this agreement.
22.1. The fact that the LANDLORD agrees to rent the Site to the TENANT does not imply that the TENANT receives a credit clearance. In the event that the TENANT does not pay the rental in advance this will be taken as an act of self-claiming of credit facility. This implies that the TENANT agrees with the credit terms of the LANDLORD.
22.2. By signing this document the signatory agrees that he will always be the responsible person to oversee the fulfillment of this agreement.
22.2.1. Any direct payments (Internet or Bank Transfer) must be reflected on the LANDLORD’S bank statement on or before the 7th of the month in advanced; and
22.2.2. A penalty of 10% of the said rental will be charged for such late payments.
23.1. A certificate signed by any representative of the TENANT shall be prima facie proof of the amounts due to the LANDLORD and vica versa.
24.1. The Parties shall ensure that they:
24.1.1. at all times strictly comply with all applicable Data Privacy Legislation which may be in force from time to time;
24.1.2. do not, at any time, copy, compile, collect, collate, process, mine, store, transfer, alter, delete, interfere with or in any other manner use Personal Information for any purpose other than with the express prior written consent of the Party providing the Personal Information or unless required in order to perform its obligations in terms of this agreement;
24.1.3. Process Personal Information only in accordance with the consent it was obtained for, any lawful and reasonable written instructions received from the Party providing the Personal Information and as permitted by applicable Data Privacy Legislation;
24.1.4. secure the integrity and confidentiality of Personal Information in its possession or under its control by taking appropriate, reasonable, technical and organisational measures to prevent loss of, damage to, unauthorised destruction, unlawful access to, use, disclosure or any other unlawful Processing of Personal Information;
24.1.5. in relation to any Nominated Contact, including without limitation any of the Party’s directors, officers and or employees that the Parties have complied with, and will continue to comply with, any and all relevant Data Privacy Legislation such as POPIA. The Parties understand that such compliance will include but not be limited to obtaining consent to the extent necessary, in the event that either Party shares Personal Information of the Nominated Contact with the other Party for the purposes of this agreement.
24.2. Where applicable, the LANDLORD and the TENANT hereby give their consent to the Agency/ies involved in this Lease, to Process its Personal Information for all purposes related to this Lease, in accordance with the provisions of POPIA. Such consent specifically includes the consent to Process the bank account details of the parties to facilitate the payment of the deposit and the monthly rent to the LANDLORD’s, and for the refund of the deposit to the TENANT.
25.1. Should either Party breach any of the provisions of this agreement and fail to remedy the breach within 30 (thirty) days from which it receives a written notice from the other Party, calling upon such party to remedy that breach, the non-defaulting Party shall be entitled to cancel this agreement forthwith by giving written notice to the defaulting Party, without prejudice to any other rights which the non-defaulting Party may have as a result of such breach.