MEMORANDUM OF AGREEMENT AND LEASE

Made and entered into by and between

MODISE BENZ MADIMABE (Id:556 918 309)

As represented by SELF

In his capacity as SELF

(Hereinafter called the LESSER on the other hand)

And

KATSO JOHN OBOTSANG (Id:532415010)

In his capacity as SELF

(Hereinafter called the LESSEE)

Whereas the lesser is the owner of PLOT NUMBER 36805, BLOCK 8, GABORONE, the
lesser is desirous of letting a room (en suit) in the said property, with improvements thereon to
the lessee who has agreed to hire the same,

AND WHERE AS the parties wish to record an account of what has been agreed upon. NOW
THEREFORE IT IS AGREED;

That the lesser lets to the lessee a certain room (en suit) being part of the main house, within
plot 36805, Block 8, Gaborone (hereinafter called the premises) and subject to the following
terms and conditions:

1. PERIOD OF LEASE

This lease shall be for period of ONE YEAR and shall commence on 01st OCTOBER
2024 to the 30TH SEPTEMBER 2025.

2. OPTION

The lessee shall have the option to review his lease for further period of 6 months subject to
the same terms and condition hereof save that:
● The lesser shall have the right to review the rental for the renewal period, by securing a
rental valuation,
● The lessee shall during the activity of the lease, duly abide by all the terms hereof and is
not in breach of any of the terms of the contract,
● And provided that the lessee shall notify the lesser in writing not less than one month
before expiry of the lease period of his intention to exercise the option to renew failing which
the lease shall lapse.

3. RENTAL

The monthly rental payable in respect of the premises hereby let shall be the sum of ONE
THOUSAND FOUR HUNDRED PULA (P1,400.00) for the rest of the lease period.

3.1 The rental shall be payable on monthly advance to the lesser or any other place in
Botswana as designated by the lesser. The rental payable shall be paid not later than 1 st day of
each month and if there will be delays without concern a 1.5% interest will be charged.

3.2 All payments shall be made direct to : Edith Masego Madimabe

@ ABSA
Account Number :1079977
Branch : Airport Junction

Or

Modise Benz Madimabe

@ STANBIC
Account Number :9060002754628
Branch : Kgale

Or Ewallet / Pay to Cel : 72940040/72404396

Or Orange Money : 72940040

4. TERMINATION

Either party shall be entitled to terminate this lease prematurely by giving the other party
ONE (1) calendar month written notice delivered to the other before the first day on
which such notice period begins. Failure by the lessee to adhere to this may lead to forfeiture
of deposit fee.

5. SUB-LETTING AND RIGHT OF ACCESS

The lessee shall not be entitled to cede or assign the lease or to sublet any part or the whole
of the premises let without the prior written consent of the lesser which consent shall not be
reasonably withheld. The lesser and or her agents have the right of access to enter upon the
leased premises at all reasonable times for the purpose of inspecting or repairing.
6. ELECTRICITY AND WATER

The lessee shall be liable for and shall pay on demand all electricity, water and sewerage
charges accruing from the 01ST OCTOBER 2024 if any when due and payable, and the
refundable deposit paid shall not be refunded to the lessee upon expiry or termination of the
lease until proof of settlement of the said accounts has been presented to the lesser. A smart
prepaid meter shall be used for electricity whereas water shall be post paid as would be
agreed with other tenants.

7. USE OF PREMISES

The lessee shall use the premises as a residential house and may not in anyway use the
premises for the purpose of business or for any commercial activity.

7.1 GENERAL RIGHTS AND OBLIGATIONS OF THE LESSEE

Save as provided for in this lease the lessee shall:
7.1.1 Not alter or interfere with or overload the electric and /or gas installations in the
Premises;
7.1.2 Pay for replacement of all globes, fluorescent tubes, starters and ballasts used in the
premises;
7.1.3 Not place any safe or heavy article in the premises without the lessor’s prior written
consent which shall not be unreasonably withheld;
7.1.4 Not permit the storage of packing cases or items of any description whatsoever
outside the premises;
7.1.5 Not hold any sale by public auction of whatever description in or about the
premises;
7.1.6 Not erect any structure or build fences or extend or alter the structure without the
prior approval of the Lessor;
7.1.7 Not fell, cut or deface any trees on the premises or on the common area;
7.1.8 Store all household refuse in an approved container, which will be kept on the
premises or in a place provided, if any.
7.1.9 Keep the garden in neat and tidy condition at all times.
8. RATES

The lesser shall be liable for and shall pay all municipal and or local authority property rates
when due and payable.

9. ALTERATIONS AND CONDITIONS

The lessee shall not make any alterations or additions (structural or otherwise) to the premises let
without the lesser’s prior written consent being obtained. Any additions made without the
permission of the lesser shall become either the property of the lesser without compensation
being made to the lessee, or the let property should be restored to the condition in which it was at
the commencement of this lease. Aerials and satellite dishes remain the property of the lessee
when and if installed by lessee.

0. CONDITIONS OF PREMISES

The lessee acknowledges that he has inspected the premises and is satisfied with the conditions
in which it is now and shall maintain the same in good order and condition, general wear and tear
accepted.
Notwithstanding the provision of clause above , the lessee shall be entitled to give the lesser
notice in writing within 14 (FOURTEEN ) days of taking occupation of the premises of any
defects in the premises. The lesser shall be obliged to remedy such defects within 14
(FOURTEEN) days of the receipt of the notice.

0. MAINTENANCE AND REPAIRS

1. The lesser shall be responsible for maintenance of exterior of premises and all structural
defects thereto. In the event of the lessee, his servants or agents causing damage to the
exterior of the premises, then the cost of repairing such damage will be at the lessee’s
expense.
2. The lessee shall be responsible for the maintenance of the premises, and at termination or
expiry of the lease, the lessee shall deliver the premises back to the lesser in good order
and condition and in the same state of repair as it was at the time the lessee took
occupation, and shall make good any damages or breakages it may have caused to the
premises.
3. The lessee shall repair any damages caused by forceful entry or burglary that may occur
to the premises further the lessee shall keep all sewerage pipes, water pipes and all and
any other plumbing installations free from obstructions or blockages and at al times keep
the premises in a tidy, sanitary and habitable condition.

12. FIRE HARZARD

The lessee shall not at any time bring or allow to be brought or kept at the premises nor
suffer to be carried on the premises any matter or activity whereby the fire or insurance
policy of the building may be left to become void or voidable whereby the premium of
any such insurance policy may be increased.

13. COMPLIANCE WITH LAWS AND CONDITION OF TITLE

The lessee shall comply with laws, by-laws and regulations relating to tenants or occupants of
premises and shall not contravene or permit the contravention for any of the conditions of the
title under which premises are held by the lesser or any of the provisions of the Local Authority‘s
District planning regulations applicable to the premises and shall not do or cause to be done or
permit anything which may cause disturbance to occupants of neighboring premises.
14. DESTRUCTIONS OF PREMISES BY FIRE

In the event of the premises being wholly or substantially destroyed by fire or being rendered
uninhabitable by vis major, the lessee shall be entitled to a total or partial remission of the rent
according to the period for the extend to which it is deprived of the beneficial use and occupation
of the premises, but the lessee shall not have any claim upon the lesser for damages in
consequences of any such deprivations. In the eventuality aforesaid, the lesser shall be obliged to
notify the lessee within 14 days of the date of such happening whether it intends to rebuild and
restore the damaged premise, failure to do so the part of the lesser will entitle the lessee to regard
the lease as cancelled and the lease shall have no further obligations hereunder to the lesser.

15. BREACH

Should the rental not be paid on the due date and remain unpaid for 7 days after written notice
has been given by lesser to the lessee requiring payment of such rental, or should the lessee
commit or suffer or permit the commission of a breach of any other terms of this and fail to
remedy such breach within 7 days after written registered or hand delivered notice will have
been given the lesser shall be entitled but not obliged notwithstanding any previous waiver or
anything to the contrary herein contained to cancel this lease forthwith and retake possession of
the premises without prejudice to its claims of any arrears or other sum payable hereunder or
for each breach and/or cancellation ,or to any other remedy which she may have against the
lessee arising out of lease or in law.

16. SETTLEMENT OF DISPUTE

Any dispute or difference arising out of this agreement shall be referred to the arbitration of a
person to be agreed between the lesser and the lessee or failing agreement on the appointment of
an arbitrator the dispute shall be referred to a court of competent jurisdiction in Botswana. No
dispute may be submitted to arbitration until all administrative remedies have been exhausted.

17. WARRANTY

The lesser warrants to the lessee and it is a material condition of the lease, that the lessee and or
its representative will enjoy a peaceful and undisturbed possession of the property.

18. INDULGENCE

No indulgence which may be granted by the lesser to the lessee or verse versa in the observance
of the condition of this lease shall in any way prejudice the right to either party at all times to
demand strict and prompt compliance with all the conditions hereof.

19. DOMICILIUM CINTANDI EXECUTADI

19.1 The parties hereby choose domicilium citandi et executandi for all purposes under this
agreement at all addresses in the next page:
THE LESSER: MR MODISE BENZ MADIMABE

P.O.BOX 577ABG
GABORONE

PHONE:72940040/72404396

THE LESSEE: KATSO JOHN OBOTSANG

P.O.BOX
GABORONE

PHONE: 75767281

19.2 The address so chosen shall be the address to which all correspondence and notices in
terms of this agreement shall be sent or delivered ,an shall be deemed to have been received 4
days after being sent by prepaid post or at the time of delivery

19.3 Either party may change its domicilium citandi ex executandi to any other address in
Gaborone by written notice to other party with reasonable time of doing so.

20. WHOLE AGREEMENT

20.1 This lease constitutes the whole agreement between the parties and no waiver or
variations, whether expressed or implied, not stated herein shall be binding to the parties unless
the same have been reduced to the writing and signed by both parties.

20.2 The lessee shall pay a refundable security deposit equivalent to one month’s rental which
will be paid on signature hereof and which shall be passed to and held by the lessor for the
duration of the occupancy. This security deposit shall at no time be used to cover for rental
purposes.

THUS DONE AND SIGNED AT ………………THIS ………

DAY………..OF…………………………

…………………………. ……………...............
LESSER

THUS DONE AND SIGNED AT ………………THIS ………

DAY………..OF…………………………

…………………………. ……………...............
LESSEE