Common use of ADDITIONAL TERMS AND COVENANTS REGARDING Clause in Contracts

ADDITIONAL TERMS AND COVENANTS REGARDING. THE TOTAL PRICE, DEPOSITS, EXTRA CHARGES ETC., AND THE PAYMENT THEREOF: i) In consideration of this Agreement and as and by way of consideration for being granted the specific rights and/or permissions of the nature stipulated in this Agreement, and accepting each of the terms and conditions stipulated in this Agreement, in addition to payment of the Total Price, the Allottee shall be liable and responsible to and hereby agree(s) and undertake(s) to make payment of the various amounts as determined by the Promoter. (each together with the applicable Taxes thereon) to the Promoter and/or other entities, each as identified and stipulated by the Promoter, each to be paid/deposited within such time frames as may be determined by the Promoter, it being unequivocally agreed, understood, acknowledged and accepted by the Allottee as follows:- a) that certain deposits are in the nature of transferable deposits and/or funds, which shall be held by the Promoter, free of interest and shall be made over by the Promoter to the Association after its formation, subject to deductions, if any, as ascertained by the Promoter; b) that without making payment of the entirety of each of the Total Price, Interest (if any), TDS Interest (if any) amongst others, each in the manner and within the time periods stipulated by the Promoter and fulfilling each of his/her/their/its obligations, all to the satisfaction of the Promoter, the Allottee(s) shall not be entitled to call upon the Promoter to hand over the Said Apartment And Properties Appurtenant, and further without making payment of the Common Expenses, the Allottee(s) and/or his/her/their/its Permitted Transferee(s) and/or permitted users/occupiers shall not be entitled to use and enjoy and/or to continue the user and enjoyment of the Common Areas. i) In no event shall the Allottee(s) be entitled to or shall claim/demand any abatement or reduction or deduction in the Total Price on any ground whatsoever or howsoever provided that the Allottee(s) shall only be entitled to deduct from the Apartment & CP Price the amount, if any, towards the prevailing applicable tax deductible at source subject to the Applicable Laws (“TDS”).

ADDITIONAL TERMS AND COVENANTS REGARDING. THE TOTAL PRICE, DEPOSITS, EXTRA CHARGES ETC., AND RIGHT OF THE PAYMENT THEREOFPROMOTER TO CREATE CHARGE/MORTGAGE: i) In consideration Notwithstanding anything contained herein, by the execution of this Agreement and as and by way of consideration for being granted the specific rights and/or permissions of the nature stipulated in this Agreement, and accepting each of the terms and conditions stipulated in this Agreement, in addition to payment of the Total Price, the Allottee shall be liable and responsible to Allottee(s) has/have provided and hereby agree(sand hereunder confirm(s) and undertake(s) to make payment of the various amounts as determined by the Promoter. (each together with the applicable Taxes thereon) to the Promoter and/or other entities, each as identified and stipulated by the Promoter, each to be paid/deposited within such time frames as may be determined by the Promoter, it being unequivocally agreed, understood, acknowledged and accepted by the Allottee as follows:- a) that certain deposits are in the nature of transferable deposits and/or funds, which shall be held by the Promoter, free of interest and shall be made over by the Promoter to the Association after its formation, subject to deductions, if any, as ascertained by the Promoter; b) that without making payment of the entirety of each of the Total Price, Interest (if any), TDS Interest (if any) amongst others, each in the manner and within the time periods stipulated by the Promoter and fulfilling each of his/her/theirits/its obligations, all their consent to the satisfaction Promoter to/for the creation of any mortgage, security, charge or other Encumbrances over and in respect of the PromoterSaid Land and/or the Building and/or any part or portion thereof in favour of any bank and/or financial institution and/or any other persons providing loan and/or financial assistance to the Promoter for the purpose of development of the Project provided that no such mortgage, security, charge or other Encumbrances shall in any manner affect the right, title and interest of the Allottee(s). For the avoidance of any doubt it is clarified that this Agreement by itself shall be treated as the written consent of the Allottee(s) for creation of charge/ mortgage over any part or portion of the Said land and/or the Building, and no separate consent of the Allottee(s) shall not be entitled required for the said purpose. i) The Promoter undertakes to call upon cause the Promoter said bank(s)/financial institution(s) to: (a) issue, if necessary, a no-objection letter in favour of the Allottee(s)/financier bank(s)/ financial institution(s) / any other persons to hand over enable the Allottee(s) to take a home loan from any bank or financial institution for financing the purchase of the Said Apartment And Properties Appurtenant, ; and further without making payment of (b) upon receipt by the Common Expenses, Promoter from the Allottee(s) and/or his/her/their/its Permitted Transferee(s) and/or permitted users/occupiers shall not be entitled (to use and enjoy and/or to continue the user and enjoyment complete satisfaction of the Common Areas. i) In no event shall Promoter), of the full payment and/or deposit, as the case may be, of all sums, amounts etc. payable/to be deposited by the Allottee(s) be entitled to or shall claim/demand any abatement or reduction or deduction in terms of this Agreement, before execution of the Total Price on any ground whatsoever or howsoever provided that Conveyance Deed in favour of the Allottee(s) shall only be entitled to deduct from the Apartment & CP Price the amount), if any, towards the prevailing applicable tax deductible at source subject to the Applicable Laws (“TDS”)terms of this Agreement, the Promoter shall cause the mortgage, security, charge or other Encumbrances, if any created by the Promoter over and in respect of the Said Apartment And Properties Appurtenant Thereto, to be discharged and/or released.

ADDITIONAL TERMS AND COVENANTS REGARDING. THE TOTAL PRICE, DEPOSITS, EXTRA CHARGES ETC.EVENTS OF DEFAULTS AND/OR CANCELLATION AND/OR TERMINATION, AND THE PAYMENT THEREOFITS CONSEQUENCES: i) In consideration the event the Allottee(s) is in breach of this Agreement and/or has failed to perform and as and by way of consideration for being granted the specific rights and/or permissions of the nature stipulated in this Agreement, and accepting each of the terms and conditions stipulated in this Agreement, in addition to payment of the Total Price, the Allottee shall be liable and responsible to and hereby agree(s) and undertake(s) to make payment of the various amounts as determined by the Promoter. (each together with the applicable Taxes thereon) to the Promoter and/or other entities, each as identified and stipulated by the Promoter, each to be paid/deposited within such time frames as may be determined by the Promoter, it being unequivocally agreed, understood, acknowledged and accepted by the Allottee as follows:- a) that certain deposits are in the nature of transferable deposits and/or funds, which shall be held by the Promoter, free of interest and shall be made over by the Promoter to the Association after its formation, subject to deductions, if any, as ascertained by the Promoter; b) that without making payment of the entirety of each of the Total Price, Interest (if any), TDS Interest (if any) amongst others, each in the manner and within the time periods stipulated by the Promoter and fulfilling each observe any of his/her/their/its covenants, obligations, all to representations or warranties under this Agreement and/or the satisfaction terms and conditions of the Promoterthis Agreement, which breach and/or failure has not been remedied despite having been issued a notice in that regard, the Allottee(s) shall not be considered under a condition of default, and an Allottee(s) Event of Default shall be deemed to be occurred. i) Without prejudice to and in addition to the events/grounds stated elsewhere in this Agreement on the occurrence whereof the Promoter shall be entitled to call upon terminate this Agreement (each of which also to be treated as an Allottee(s) Event of Default), on the occurrence of an Allottee(s) Event of Default which continues for a period beyond 30 (thirty) days after notice from the Promoter in this regard (such failure being as determined by the Promoter), then without prejudice to the right of the Promoter to hand over charge and recover from the Said Apartment And Properties AppurtenantAllottee(s), Interest and other amounts as stipulated in this Agreement including that for the period of delay, the Promoter shall be entitled, at its option, and further without making payment of is hereby authorized by the Common ExpensesAllottee(s), to determine and/or rescind and/or terminate this Agreement provided that the Promoter shall intimate the Allottee(s) and/or about the Promoter’s intention to so terminate this Agreement by a written notice of at least 30 (thirty) days prior to such termination. i) The Allottee(s) may at any time after the date hereof and without the occurrence of any Promoter Event of Default, but no later than 30 (thirty) days prior to the execution and registration of the Conveyance Deed subject to the terms hereof, by a 30 (thirty) days’ notice in writing intimate the Promoter of his/her/their/its Permitted Transferee(s) intent to terminate this Agreement provided that in view of inter alia the fact that the Promoter has as a consequence of this Agreement blocked the Said Apartment And Properties Appurtenant for the Allottee(s), on the date of termination of this Agreement by the Promoter and/or permitted users/occupiers shall not be entitled to use and enjoy and/or to continue the user and enjoyment of the Common Areas. i) In no event shall by the Allottee(s) be entitled to (as the case may be) in terms hereof, the undernoted mutually agreed amounts shall, without any further act, deed or shall claim/demand any abatement or reduction or deduction in thing by the Total Price on any ground whatsoever or howsoever provided that Promoter and/or by the Allottee(s) stand forfeited in favour of the Promoter from out of all the sums paid/deposited till such date by the Allottee(s) to/with the Promoter at the specific instructions of the Promoter (irrespective of the account/head towards which such sum may have been paid/deposited by the Allottee(s)), and the balance, if any ascertained by the Promoter as payable by the Allottee(s) to the Promoter, shall only forthwith and immediately be entitled paid on demand by the Allottee(s) to deduct from the Promoter, and the Allottee(s) accept(s) such consequences and consent(s) to the same:- a) a sum equivalent to 10% (Ten percent) of the Apartment & CP Price together with the applicable Taxes thereon; and b) the Common Expenses and each of the amounts stipulated hereinabove, as applicable, each payable with effect from the Outgoings Payment Commencement Date till the date of termination (being the date of notification/acceptance/receipt by the Promoter of the termination notice, as the case may be); and c) the Interest and/or the TDS Interest, if any due, accrued and payable by the Allottee(s) on any amount, as ascertained by the Promoter; and d) all amounts paid/payable by and/or recoverable from the Allottee(s) towards any of the Taxes; and e) brokerage/commissions paid to any real estate agent/channel partner/broker; and f) the stipulated charges on account of dishonor, if any, towards of a banking negotiable instrument; and g) stamp duty, registration fees/charges, legal fees and charges and any other fees, charges etc. payable/to be paid/ paid on pertaining to this Agreement and the prevailing applicable tax deductible at source subject Deed of Cancellation; and h) further in case of a falling market the amount repayable will be further reduced by the extent of the difference in amount receivable on a fresh sale of the Said Apartment And Properties Appurtenant to another buyer and the Applicable Laws (“TDS”)Total Price of the Allottee(s) if the current Sale Price is less than the Purchase Price.

ADDITIONAL TERMS AND COVENANTS REGARDING. THE TOTAL PRICE, DEPOSITS, EXTRA CHARGES ETC., AND THE PAYMENT THEREOF: i) 36.1 In consideration of this Agreement and as and by way of consideration for being granted the specific rights and/or permissions of the nature stipulated in this Agreement, and accepting each of the terms and conditions stipulated in this Agreement, in addition to payment of the Total Price, the Allottee shall be liable and responsible to and hereby agree(s) and undertake(s) to make payment of the various amounts as determined by the Promoter. (each together with the applicable Taxes thereon) to the Promoter and/or other entities, each as identified and stipulated by the Promoter, each to be paid/deposited within such time frames as may be determined by the Promoter, it being unequivocally agreed, understood, acknowledged and accepted by the Allottee as follows:-follows: a) that certain deposits are in the nature of transferable deposits and/or funds, which shall be held by the Promoter, free of interest and shall be made over by the Promoter to the Association after its formation, subject to deductions, if any, as ascertained by the Promoter; b) that without making payment of the entirety of each of the Total Price, Interest (if any), TDS Interest (if any) amongst others, each in the manner and within the time periods stipulated by the Promoter and fulfilling each of his/her/their/its obligations, all to allto the satisfaction of the Promoter, the Allottee(s) shall not be entitled to call upon the Promoter to hand over the Said Apartment And Properties Appurtenant, and further without making payment of the Common Expenses, the Allottee(s) and/or his/her/their/its Permitted Transferee(s) and/or permitted users/occupiers shall not be entitled to use and enjoy and/or to continue the user and enjoyment of the Common Areas. i) In no event shall the Allottee(s) be entitled to or shall claim/demand any abatement or reduction or deduction in the Total Price on any ground whatsoever or howsoever provided that the Allottee(s) shall only be entitled to deduct from the Apartment & CP Price the amount, if any, towards the prevailing applicable tax deductible at source subject to the Applicable Laws (“TDS”). i) It is agreed and understood between the Parties that in the event at any time prior to the expiry of the scheduled date of completion of the Project as envisaged at the time of registration of the Project under the Act and as extended from time to time: a) there be any change, modification, amendment, increase, decrease etc. in any of the Taxes comprising the Said Apartment car parking Price, Extras and Deposits and/or the manner of computation thereof including but not limited to due to change of/in Applicable Laws; and/or b) any new and/or fresh taxes, cesses, assessments, duties, levies, charges, impositions etc. (central, state or local) by whatever name called be imposed, levied, notified etc. with retrospective effect or otherwise including but not limited to on the Project and/or the Said Apartment And Properties Appurtenant and/or this Agreement and/or the transaction contemplated under this Agreement; and/or then in such an event, each and/or some of the several amounts payable by and/or to be deposited by the Allottee(s) shall accordingly stand increased or decreased, as the case may be, and further some additional amounts may become payable by the Allottee(s), and the Allottee(s) hereby covenant(s) and undertake(s) to make timely payment/deposit of each of such amounts in terms of the demand(s) and/or revised demands raised by the Promoter provided that in no event shall the Allottee(s) be entitled to call upon the Promoter to refund any amount since then already paid by the Allottee(s) to the Promoter.

ADDITIONAL TERMS AND COVENANTS REGARDING. TRANSFER AND/OR NOMINATION BY THE TOTAL PRICE, DEPOSITS, EXTRA CHARGES ETC., AND THE PAYMENT THEREOF: iALLOTTEE(S): The Allottee(s) In consideration admits and accepts that after the Lock in period of this Agreement 12 months and as before the execution and by way registration of consideration for being granted the specific rights and/or permissions conveyance deed of the nature stipulated in said Apartment And Properties Appurtenant the Allottee(s) may nominate this Agreement, and accepting each agreement any time before the registration of the terms and conditions stipulated in this Agreement, in addition to payment Deed of the Total Price, the Allottee shall be liable and responsible to and hereby agree(s) and undertake(s) to make payment of the various amounts as determined by the Promoter. (each together with the applicable Taxes thereon) to the Promoter and/or other entities, each as identified and stipulated by the Promoter, each to be paid/deposited within such time frames as may be determined by the Promoter, it being unequivocally agreed, understood, acknowledged and accepted by the Allottee as follows:- a) that certain deposits are in the nature of transferable deposits and/or funds, which shall be held by the Promoter, free of interest and shall be made over by the Promoter to the Association after its formationConveyance, subject to deductions, if any, as ascertained the following conditions: (i) The profile of the Transferee is accepted by the Promoter; b(ii) that without making payment of the entirety of each of the Total Price, Interest (if any), TDS Interest (if any) amongst others, each in the manner and within the time periods stipulated by the Promoter and fulfilling each of his/her/their/its obligations, all to the satisfaction of the Promoter, the The Allottee(s) shall not be entitled make payment of all dues, including any interest for delay, to call upon the Promoter in terms of this Agreement, up to hand over the Said Apartment And Properties Appurtenant, and further without making payment time of the Common Expenses, the Allottee(snomination; (iii) and/or his/her/their/its Permitted Transferee(sA nomination fee equivalent to 2% (two percent) and/or permitted users/occupiers shall not be entitled to use and enjoy and/or to continue the user and enjoyment of the Common Areas. i) In no event shall the Allottee(s) be entitled to or shall claim/demand any abatement or reduction or deduction in the Total Price on any ground whatsoever or howsoever provided that the Allottee(s) shall only be entitled to deduct from the Apartment & CP Price the amounttogether with applicable taxes, if any, towards shall be payable to the prevailing applicable tax deductible at source Promoter. The Promoter shall consent to such nomination only upon being paid the fee / charge as aforesaid; (iv) All amounts agreed to be payable by the allottee(s) intending to nominate this Agreement has already been paid to the Promoter; (v) Any such nomination or alienation shall be subject to the Applicable Laws terms conditions agreements and covenants contained hereunder and on the part of the Allottee(s) to be observed fulfilled and performed; (“TDS”vi) All stamp duty and registration charges, legal fees and other charges and outgoings as may be occasioned due to aforesaid transfer/nomination/assignment/alienation shall be payable by the Allottee(s) or its transferee. Part – I [LAND] ALL THAT the parcel of land containing an area of 298.76 (Two Hundred and Ninety Eight Point Seven Six) Decimals equivalent to 9 Bighas 12 Chittaks be the same a little more or less as per deed and 285.92 (Two Hundred and Eighty Five Point Ninety Two) Decimals equivalent to 8 Bighas 12 Cottahs 15 Chittaks 30 sq.ft. be the same a little more or less as per physical measurement situate lying at Holding Xx.0, Xxxxxxxxxx Xxx Xxxx (formerly Xx.0 Xxxxxxxxxx Xxx Xxxx and theretofore No.30, S.K. Deb Road), Police Station-Lake Town (formerly Dum Dum), Xxxx No.31, within the limits of the South Dum Dum Municipality, Kolkata -700 048, comprised in R.S./L.R. Dag Nos.854 (measuring 0.0337 acre out of 0.0675), 855 (measuring 0.1837 acre), 856 (measuring 0.5312 acre), 857 (measuring 2.2187 acre) and 858 (measuring 0.0203 acre out of 0.0406) recorded in L.R. Khatian Nos. 1036, 1037, 1038, 1039, 1040, 1041, 1042, 1043, 1044, 1045, 1047, 1048, 1049, 1050, 1051, 1052, 1057, 1058, 1059, 1060, 1061, 1109, 1114, 1113, 1115, 1116, 1117 and 1118 in Mouza Xxxxxx Xxxxx (formerly Xxx Xxxxxx Xxxxx), X.X. Xx.25, Sub Registry Office A.D.S.R. Bidhannagar, Salt Lake City, District North 24 Parganas (formerly 24 Parganas) and butted and bounded in the manner following:- Part – II [TITLE] A. By an Indenture of Conveyance dated 14th December, 1903 made between one Xxxxxxxx Xxxxxxx as Vendor therein and one Xxxxxxxxx Xxxxx and his brother Xxxxxxxxx Xxxxx as Purchasers therein and registered with the Sub-Registrar, Calcutta in Book No.I, Volume No.60, Pages 220 to 227, Being No.2180 for the year 1903, the said Xxxxxxxx Xxxxxxx at and for the consideration therein mentioned granted transferred and conveyed unto and in favour of said Xxxxxxxxx Xxxxx and Xxxxxxxxx Xxxxx ALL THAT the brick built house buildings messuages tenements hereditaments out-houses and premises together with the pieces and parcels of land thereunto belonging and appertaining thereto containing an area of 09 Bighas more or less situate and lying at Dakshin Dahri Road and being Holding Nos.26, 28, 44 and a portion of Holding No.43, Division II, Dihi Ultadanga, Sub-Division VI, Mouza Nij Dakshin Dahri, Xxxxx Xx.1298, Police Station- Dumdum (now Lake Town), the then District 24-Parganas (now North 24-Parganas) (hereinafter referred to as the said Land). B. Xxxx Xxxxxxxxx Xxxxx who during his lifetime was a Hindu governed by the Mitakshara School of Hindu Law, died intestate and issueless in or about the year 1919 leaving him surviving his two brothers said Xxxxxxxxx Xxxxx and another brother Xxxxxxxxxx Xxxxx as his only heirs, who both upon his death inherited and became entitled to his undivided one-half part or share of and in the said Land absolutely in equal shares therein. C. Thus said two surviving brothers Xxxxxxxxx Xxxxx and Xxxxxxxxxx Xxxxx became the absolute owners of the said Land in the ratio of undivided three-fourth (3/4th) share and undivided one-fourth (1/4th) share respectively therein. D. Xxxx Xxxxxxxxx Xxxxx who during his life time was a Hindu governed by the Mitakshara School of Hindu Law, died intestate in or about the year 1921 leaving him surviving his three sons Xxxxxxxxx Xxxxx, Xxxxxxxxxx Xxxxx and Xxxxxxxxx Xxxxx as his only heirs, who all upon his death inherited and became entitled to his undivided three-fourth (3/4th) share of and in the said Land absolutely in equal shares. E. Subsequently, Cadastral Survey was conducted and under the Survey Plan, the said Land was identified and/or earmarked in the following manner: