MPUMALANGA
RETAIL LIQUOR LICENSE
Current Holder:
Prospective Holder:
Licentia Mpumalanga (Pty) Ltd
Address: 34 Louws Creek Street, Aerorand, Middelburg, Mpumalanga, 1050
Cell: +27 76 220 3689 / +27 82 899 8445/ +27 82 898 0890
E-Mail: freedom@licentia.co.za / midwit@licentia.co.za / finance@licentia.co.za
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4.
Dispute Resolution
4.1
Save as otherwise specifically provided for in this agreement, should a dispute of whatsoever nature, whether directly or indirectly,
arise out of
or in connection with this agreement, including any dispute as to the existence, validity, enforceability, interpretation, application, or
implementation, breach, termination, or cancellation of this agreement or as to the parties rights and/or obligations in terms of this agreement,
then either party shall be entitled to require, by wrien notice to the other, that the dispute be submied to arbitration in terms of this clause
and the prevailing arbitration laws with the understanding that Licentia Franchise SA (Pty) Ltd shall have the right, irrespective of any pending
arbitration, to immediately claim payment of any Remuneration and/or Professional Fee applicable to this agreement.
4.2
The arbitrator shall be a suitably qualified independent person, appointed by Licentia Franchise SA (Pty) Ltd, provided that if the Current Holder
and/or Prospective Holder do not within 3 (Three) business days on which arbitration is requested, agree in writing as to the nature of the dispute
as well as the identity of the arbitrator,
Licentia Franchise SA (Pty) Ltd may issue a notice to the defaulting party indicating that arbitration will
not be used as a Dispute Resolution, but that Licentia Franchise Sa (Pty) Ltd will have the right to institute proceedings in a court having
jurisdiction in this maer.
4.3
The arbitration shall be held at a venue and in accordance with formalities and/or procedures determined by the arbitrator and may be held in an
informal and summary manner on the basis that it shall not be necessary to observe or carry out the usual formalities or procedures, pleadings
and /or discovery, or the strict rules of evidence.
4.4
The arbitrator shall have the power to, *inter alia:
*Definition: Inter alia - (in-tur eh-lee-ah) prep. Latin for "among other things." This phrase is oſten found in legal pleadings and writings to specify
one example out of many possibilities.
4.4.1
investigate, or cause to be investigated, any maer, fact, or thing that he, in his sole discretion, considers necessary or desirable in
connection with the dispute and shall for that purpose have the widest power of investigation over all the books and records of
either party in the dispute, including the right to make copies or make extracts therefrom and the right to have such copies and/or
delivered at any reasonable place required by him for the aforesaid purpose;
4.4.2
summon as a witness any person who may be able to give relevant evidence, with the understanding that each party shall undertake
to use all reasonable means to procure the aendance, when summoned, of any witness employed by or otherwise under its
control;
4.4.3
to interview, question, and cross-examine under oath the representatives of either of the parties;
4.4.4
to decide the dispute according to what he considers just and equitable in the circumstances;
4.4.5
to record evidence;
4.4.6
to make such an award as he, in his discretion, may deem fit and appropriate, including a temporary or final award, an award for
cost, specific performance, and interdict, rule nisi, declaratory order, damages, or a penalty or otherwise, provided that should the
arbitrator fail to make an award with cost, the cost of the arbitration shall be born by the party found to be in default.
4.5
The arbitration shall be held as quickly as possible aſter a request, therefore, with a view to the same being completed within 30 (Thirty) days
aſter it has been so requested.
4.6
Once the arbitrator has been nominated as above, Licentia Franchise SA (Pty) Ltd shall be entitled to call upon the arbitrator to fix a date and
place for the arbitration proceedings to be held and to sele the procedure and manner in which the arbitration will be held.
4.7
It is hereby agreed that any awards made by the arbitrator;
4.7.1
shall be final and binding;
4.7.2
shall be given the appropriate effect; and
4.7.3
may be made an order of the appropriate court having jurisdiction over the parties and/or the dispute.
4.8
Notwithstanding anything to the contrary contained in this clause, either party shall be entitled to apply for an interdict or injunctive relief from
any competent court having jurisdiction.
4.9
It is hereby expressly, mutually agreed that the party in default shall be liable for the legal costs of the innocent party, including the cost of
arbitration, on an aorney and client scale, including a 10% collection commission as well as tracing fees where applicable.
4.10
This clause 4 and all its sub-clauses are severable from the rest of this agreement and shall remain of full force and effect notwithstanding the
termination of this agreement.
5.
Breach
5.1
If Licentia Franchise SA (Pty) Ltd issues a notice to the defaulting party, that arbitration shall not be used as a dispute resolution (as per Clause 4.2
above), and institutes court proceedings, the aggrieved party may give the defaulting party 7 (Seven) days wrien notice to remedy the breach,
failing which the parties will have the right, without prejudice to his rights in law, to act as set out below.
5.2
If the aggrieved party, Licentia Franchise SA (Pty) Ltd may aſter the Current Holder and/or Prospective Holder fail to remedy the default aſter
receipt of the notice, at his option without prejudice to his rights in law:-