This clause sets out all the
circumstances in which the Landlord may cancel the Lease. You will note that
clause 29.1.3 in both lease agreements stipulates that a Landlord may cancel
the Lease in the event that a Tenant fails to remedy a breach within 7 (Seven)
days of receipt of written notification from the Landlord requiring the Tenant
to do so. This often causes confusion, given that the 20 (Twenty) Business Day
Rule in the event of breach is drummed into us so hard. The reason that 7
(Seven) days has been stipulated in both agreements is due to the fact that in
99% (Ninety Nine Percent) of Commercial Leases, the Tenant will be a juristic
entity i.e. a Company, Close Corporation, Body Corporate or Association. As
stated above, while the other provisions of the CPA may apply depending on the
entities threshold value, the provisions of section 14 do not apply to juristic
entities – ever! As such, the 20 (Twenty) Business Day Rule is unlikely to
apply. In the event that the Tenant is indeed a natural person acting in his
individual capacity, then this clause needs to be amended to reflect 20
(Twenty) Business days, Obviously, an individual signing on behalf of a juristic
entity, such as a director or a member, is not considered an individual for the
purposes of this clause.