agreement of sale of immovable property auction - Pam Golding ...

922.1.1. to cancel this agreement, in which event the Seller, afterpayment of the commission due to Pam Golding Commercialin terms of clause 12.1, shall be entitled to retain all amountspaid to either of them or the Seller's attorneys under thisagreement, either as rouwkoop, or by way of penalty, or asliquidated damages; or22.1.2. to claim immediate performance and/or payment of all thePurchaser's obligations hereof.22.2. Notwithstanding the provisions of clause 22.1 above, if the Purchaserfails to make any payment due in terms of this agreement, the Sellershall forthwith be entitled but not obliged, in addition to and withoutprejudice to any other rights or remedies which the Seller may have inlaw or in terms of clause 22.1 above, including the right to claimdamages, to summarily cancel, by notice to the Purchaser, thisagreement of sale and put the property up again for sale by way ofpublic auction or private treaty.22.3. The Seller's right to claim damages in terms hereof shall include, butnot be limited to, all additional costs associated with the re-auctioningor re-selling of the property and any additional advertising costs.22.4. Without prejudice to any other rights or remedies of the Seller in law,should the Purchaser fail to pay any amount on due date in terms ofthis agreement, the Purchaser shall pay the Seller interest on suchamount at 2% (two percent) above the prime overdraft rate as chargedfrom time to time by the Standard Bank of South Africa Limited (or itssuccessor) calculated from the due date for payment of such amountuntil the actual date of payment thereof (both days inclusive).23. Legal CostsThe Purchaser shall be liable for all legal costs incurred by the Seller inenforcing the provisions of this agreement on an attorney and client scale,including collection commission.24. General Provisions24.1. This document, together with the conditions of auction, constitutes thewhole agreement of sale between the parties in regard to the mattersregulated by this agreement. No party will be bound by any expressor implied term, representation, warranty, promise or the like notrecorded herein.